City of Capitola
City Council Meeting Agenda
Thursday, April 14, 2022 – 7:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Brown Closed Session – 6 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
[Govt. Code §54956.8]
Property: 4400 Jade Street, APN 034-551-02, Capitola, CA City Negotiator: Jamie Goldstein, City Manager
Negotiating Parties: Soquel Union Elementary School District Under Negotiation: Terms of Joint Use Agreement
Regular Meeting of the Capitola City Council – 7 PM
All correspondences received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.
1. Roll Call and Pledge of Allegiance
Council Members Kristen Brown, Jacques Bertrand, Margaux Keiser, Mayor Sam Storey, and Yvette Brooks
2. Additions and Deletions to the Agenda
3. Presentations
Presentations are limited to eight minutes.
A. Introduction of new Capitola City Manager Department Staff Member Louis Osemwegie and Recreation Division Staff Member Jesse Leyva
4. Report on Closed Session
5. Additional Materials
1 City Council Meeting Agenda – April 14, 2022
City of Capitola Page 2
Additional information submitted to the City after distribution of the agenda packet.
6. Oral Communications by Members of the Public
Please review the Notice of Remote Access for instructions. Oral Communications allows time for members of the Public to address the City Council on any “Consent Item” on tonight’s agenda, or on any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” section of the Agenda. Members of the public may speak for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.
7. Staff / City Council Comments
Comments are limited to three minutes.
8. Consent Items
All items listed as “Consent Items” will be enacted by one motion in the form listed below.
There will be no separate discussion on these items prior to the time the Council votes on the action unless members of the City Council request specific items to be discussed for separate review. Items pulled for separate discussion will be considered following General Government. Note that all Ordinances which appear on the public agenda shall be determined to have been read by title and further reading waived.
A. Consider the March 24, 2022, City Council Meeting Minutes Recommended Action: Approve minutes.
B. Approval of City Check Registers Dated March 4, March 11, March 18 and March 25, 2022
Recommended Action: Approve check registers.
C. Receive Update on Pandemic Response and Consider Adopting Proposed Resolution Allowing for the Continuation of Teleconferencing
Recommended Action: 1) Make the determination that all hazards related to the worldwide spread of the coronavirus (COVID-19) as detailed in Resolution No. 4168 adopted by the City Council on March 12, 2020, still exist and there is a need to continue action; and 2) Adopt the proposed resolution authorizing the City Council (along with the Planning Commission and all advisory bodies) to continue to conduct teleconferencing meetings.
9. General Government / Public Hearings
All items listed in “General Government / Public Hearings” are intended to provide an opportunity for public discussion of each item listed. The following procedure pertains to each General Government item: 1) Staff explanation; 2) Council questions; 3) Public comment; 4) Council deliberation; 5) Decision.
A. Report on Community Grant Program Review
Recommended Action: Receive report and provide direction.
B. Consider a Community Survey Contract
Recommended Action: Authorize the City Manager to enter a contract with Gene Bregman and Associates in an amount not to exceed $17,000 for a community survey 2 City Council Meeting Agenda – April 14, 2022
City of Capitola Page 3
to help gauge public interest on potential ballot measures for the November election and approve the proposed resolution amending the FY 2021/22 Budget.
C. Adopt a Resolution Declaring an Emergency for Storm Drain Repairs in Noble Gulch Park
Recommended Action: Adopt a resolution that 1) declares an emergency, 2) authorizes procurement and services without giving notice for bids pursuant to Public Contract Code Section 22050 and authorizing staff to enter a contract for such services with Graniterock Construction for repairs to a storm drain located in Noble Gulch Park at the intersection of Bay Avenue and Monterey Avenue and 3) approves a budget amendment transfer of $60,000 from Emergency Reserve Fund to the Capital Improvement Project fund and authorize the creation of a new project entitled Noble Gulch Park Storm Drain Project.
D. Consider Adding a Section to the Municipal Code in Accordance with Assembly Bill 481 Recommended Action: Introduce for first reading, by title only, waiving the full reading of the text, an ordinance adding Section 2.60 to the Capitola Municipal Code, approving a Military Equipment Use Policy for Police Services.
10. Adjournment
_____________________________________________________
Notice of Remote Access
In accordance California Senate Bill 361, the City Council meeting is not physically open to the public and in person attendance cannot be accommodated.
To watch:
- Online http://cityofcapitola.org/meetings
- Spectrum Cable Television channel 8
- Youtube
Join Zoom by Computer or Phone:
- Click this meeting link:
https://us02web.zoom.us/j/81492483812?pwd=bnJJN25aYkRhRHlUajAzM3o1cnpDQT09 - Or call one of these phone numbers:
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- 1 (408) 638 0968
- 1 (346) 248 7799
- Meeting ID: 814 9248 3812
- Meeting Passcode: 926714
To submit public comment:
When submitting public comment, one comment (via phone or email, not both), per person, per item is allowed. If you send more than one email about the same item, the last received will be read.
- Zoom Meeting (Via Computer or Phone) Link:
3 City Council Meeting Agenda – April 14, 2022
City of Capitola Page 4
If using computer: Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Once unmuted, you will have up to 3 minutes to speak If called in over the phone: Press *9 on your phone to “raise your hand” when the mayor calls for public comment. Once unmuted, you will have up to 3 minutes to speak - Send Email: During the meeting, send comments via email to [email protected] - Emailed comments on items will be accepted after the start of the meeting until the Mayor announces that public comment for that item is closed.
- Emailed comments should be a maximum of 450 words, which corresponds to approximately 3 minutes of speaking time.
- Each emailed comment will be read aloud for up to three minutes and/or displayed on a screen. - Emails received by [email protected] outside of the comment period outlined above will not be included in the record.
Note: Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that court action within ninety (90) days following the date on which the decision becomes final as provided in Code of Civil Procedure §1094.6. Please refer to code of Civil Procedure §1094.6 to determine how to calculate when a decision becomes “final.” Please be advised that in most instances the decision become “final” upon the City Council’s announcement of its decision at the completion of the public hearing. Failure to comply with this 90-day rule will preclude any person from challenging the City Council decision in court.
Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 7:00 p.m. (or in no event earlier than 6:00 p.m.), in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola.
Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website: www.cityofcapitola.org and at Capitola City Hall prior to the meeting. Agendas are also available at the Capitola Post Office located at 826 Bay Avenue Capitola. Need more information? Contact the City Clerk’s office at 831-475-7300.
Agenda Materials Distributed after Distribution of the Agenda Packet: Pursuant to Government Code §54957.5, materials related to an agenda item submitted after distribution of the agenda packet are available for public inspection at the Reception Office at City Hall, 420 Capitola Avenue, Capitola, California, during normal business hours.
Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990.
Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475- 7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products.
Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time.
4 Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: City Manager Department
Subject: Consider the March 24, 2022, City Council Meeting Minutes Recommended Action: Approve minutes.
Background/Discussion: Attached for Council review are the minutes from the March 24, 2022, regular City Council meeting.
Attachments:
1. Draft minutes
Report Prepared By: Chloé Woodmansee, City Clerk
Approved By: Jamie Goldstein, City Manager
5 Item 8 A.
City of Capitola
City Council Meeting Minutes
Thursday, March 24, 2022 – 7:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Petersen Regular Meeting of the Capitola City Council – 7 PM
1. Roll Call and Pledge of Allegiance
Council Members Kristen Petersen, Jacques Bertrand, Margaux Keiser, Mayor Sam Storey, and Yvette Brooks
2. Additions and Deletions to the Agenda
3. Presentations
A. Mayor For a Day: Youth Essay Contest
Recreation Division Manager Bryant-LeBlond presented the essay contest idea and prompt; “If you were Mayor for a Day what would you do for your City?”. She announced that the contest deadline would correspond with the start of school and that winners would be announced in October. Mayor Storey asked that the prompt specify “Capitola”, rather than “your City”.
4. Additional Materials
A. Item 8.A – four public comment emails
5. Oral Communications by Members of the Public
6. Staff / City Council Comments
Public Works Director Jesberg announced that Noble Gulch Park is cordoned off due to a sinkhole and that Public Works is working to fix the issue.
Council Member Petersen said the National League of Cities is hosting its new member orientation on April 6 at 9am; she will attend and other Council Members are welcome.
Council Member Brooks said that the Children’s Network met recently and is updating bylaws; she also said she is attending the League of Cities leadership conference in May.
7. Consent Items
Motion: Adopt, extend, authorize, and determine as recommended Result: Passed, 5:0 (Unanimous)
Mover: Vice Mayor Keiser
6 Item 8 A.
City Council Meeting Minutes – March 24, 2022
City of Capitola Page 2
Seconder: Council Member Petersen
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Petersen
A. Consider the minutes from the March 1, 2022, Special City Council meeting and the March 10, 2022, regular City Council meeting
Recommended Action: Approve minutes.
B. Consider Extending an Agreement with the City of Scotts Valley for Sharing of Chief Building Official Services
Recommended Action: Extend agreement with the City of Scotts Valley to share Chief Building Official Services for an additional three years.
C. Computer Network Infrastructure Upgrade Agreement
Recommended Action: Authorize City Manager to enter a managed services agreement with Exceedio for upgrade of City IT network infrastructure.
D. Notice of Completion City of Capitola 2021 Road Repair Project Recommended Action: 1) Approve Change Order #2 for extra work in the amount of $41,402; 2) Approve a notice of completion for the City of Capitola 2021 Road Repair Project constructed by the McKim Corporation at the final cost of $153,34; and 3) Authorize the release of the contract retention of $7,667 as prescribed in the contract.
E. Update on Greenwaste Recovery, Inc. Providing an Optional 35-gallon Organics Bin for Residential Customers
Recommended Action: Approve the addition of a $0.74 per month charge to residential customers who opt to receive a 35-gallon organics bin in the GreenWaste Franchise Agreement.
F. Receive Update on Pandemic Response and Consider Adopting Proposed Resolution Allowing for the Continuation of Teleconferencing
Recommended Action: 1) Make the determination that all hazards related to the worldwide spread of the coronavirus (COVID-19) as detailed in Resolution No. 4168 adopted by the City Council on March 12, 2020, still exist and there is a need to continue action; and 2) Adopt the proposed resolution authorizing the City Council (along with the Planning Commission and all advisory bodies) to continue to conduct teleconferencing meetings.
8. General Government / Public Hearings
A. Consider Request to Fly “Thin-Blue Line” Flag during National Police Week in Accordance with Policy V-18: Outdoor Display of Governmental and Non-Governmental Flags on City Property
Recommended Action: Deny request.
Clerk Woodmansee presented the staff report.
Council Member Petersen asked for the Police Department’s perspective. Police Chief Dally thanked the applicant for wanting to support the Police and said that there are those in the community that find the flag divisive. He said that the proposal could counter 7 Item 8 A.
City Council Meeting Minutes – March 24, 2022
City of Capitola Page 3
his goal for all community members to feel represented and protected by the Police Department and that he supported the staff report and agreed with the recommendation.
In public comment, TJ Welch spoke in support of his request. Thairie Ritchie spoke against the request.
Vice Mayor Keiser said that she understands this is a controversial issue, and personally trusts and values the Police and thus supports the Police Chief’s opinion. She said she would like to find another way to show support of the Police Department, rather than the City flying the requested flag.
Council Member Bertrand said he’d gone back-and-forth on the issue and ultimately made his decision based on what Capitola Police felt about the matter and appreciated the analysis from the Police Chief.
Council Member Petersen spoke about her personal connection to and support of the Capitola Police Department and her pride in the City’s officers.
Council Member Brooks said that she is proud of the work the City’s leaders have done to support all members of the community and to support the Police.
Mayor Storey agreed with Council and thanked both Mr. Welch and Mr. Ritchie for speaking in public comment.
Motion: Deny request
Result: Passed, 5:0 (Unanimous)
Mover: Council Member Petersen
Seconder: Council Member Brooks
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Petersen
B. Eviction Moratorium and Housing Is Key Funding
Recommended Action: Receive report and direct staff to repurpose remaining $105,000 in CDBG-CV funds toward rental assistance.
Community Development Director Herlihy presented the staff report.
Council Member Bertrand asked about the difficulty of grant management, and if Capitola must rely on the State process in dispersing funds. After a question, Director Herlihy clarified that the funds must benefit Capitola residents and be tied to pandemic relief.
Mayor Storey asked about the County’s strategies to minimize evictions; Director Herlihy responded that the County is working with local nonprofits and legal aids to assist with mediation for renters.
In Public Comment, Carlos (COPA leader) said he works to help community members apply for Housing is Key, and thanked Council for their attention to rental assistance.
Council Member Bertrand confirmed that the City has an emergency rental assistance program and a security deposit program.
8 Item 8 A.
City Council Meeting Minutes – March 24, 2022
City of Capitola Page 4
Motion: Direct staff to 1) track Housing is Key funding and collaborate with the County, 2) return with discussion on how to repurpose $105,000 in CDBG-CV funds towards rental assistance, 3) authorize the Mayor to send a letter of support to the State regarding extending the eviction moratorium to residents with active Housing is Key applications
Result: Passed, 5:0 (Unanimous)
Mover: Council Member Bertrand
Seconder: Vice Mayor Keiser
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Petersen
C. Discuss Possibilities for Returning to In-Person City Council Meetings Recommended Action: Provide direction to staff regarding City Council (along with the Planning Commission and all advisory bodies) conducting virtual, in-person, or “hybrid” meetings.
Clerk Woodmansee presented a staff report.
Council Member Brooks asked about technology requirements of hybrid meetings.
There was no public comment
Council Member Brooks proposed hybrid meetings beginning in summer, when staff has had time to provide technology and setup upgrades for a professionally run hybrid meeting.
Council Members Petersen and Bertrand and Vice Mayor Keiser agreed with taking small steps towards allowing in-person attendance and attempting hybrid meetings in summer.
Mayor Storey agreed and suggested Council not set a definite date to begin hybrid meetings, instead asking staff and Council to check in when more information on the cost and installation of a fully integrated hybrid setup is available.
Council asked that staff present on the necessary technology and upgrades during the budget hearing in May.
Council Member Brooks asked that new chairs be included in the Council Chambers upgrade.
9. Adjournment
The meeting was adjourned at 8:54pm to the next regular City Council meeting on April 14, 2022.
9 Item 8 A.
City Council Meeting Minutes – March 24, 2022
City of Capitola Page 5
_____________________
Sam Storey, Mayor
ATTEST:
______________________
Chloé Woodmansee, City Clerk
10 Item 8 A.
Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: Finance Department
Subject: Approval of City Check Registers Dated March 4, March 11, March 18 and March 25, 2022
Recommended Action: Approve check registers.
Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
3/4/2022 99993 100083 98 $ 330,962.89
3/11/2022 100084 100143 61 $ 189,192.05
3/18/2022 100144 100186 48 $ 201,964.02
3/25/2022 100187 100246 61 $ 216,318.58
The main account check register dated February 18, 2022, ended with check #99992.
Account: Library
Date Starting Check # Ending Check # Payment
Count Amount
3/4/2022 301 301 1 $ 732.50
The library account check register dated January 28, 2022, ended with check #300.
Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
2/25/2022 18851 18935 85 $ 168,279.19
3/11/2022 18936 19023 88 $ 166,574.44
3/25/2022 19024 19114 91 $ 166,737.99
The payroll account check register dated February 11, 2022, ended with EFT #18850.
Following is a list of payments issued for more than $10,000 and descriptions of the expenditures:
Check/
EFT Issued to Dept Description Amount
100031 Kimley Horn & Associates PW Clares St. traffic calming $ 10,725.20 100049 Power Engineering
Contractors Inc. PW Wharf resiliency & public access improvements $ 24,237.00 100054 Santa Cruz County Human
Services Dept. CM Homeless action partnership cost share $ 39,950.00 100068 Workbench CDD
SB2 ADU program
construction documents,
engineer coordination
$ 13,101.00
11 Item 8 B.
1287 IRS FN Federal taxes & Medicare PPE
2/19/22 $ 29,329.78
1290 CalPERS Health CM March health insurance $ 66,985.10 1291 CalPERS Member
Services FN PERS contributions PPE 2/19/22 $ 55,535.63
100091 Burke Williams &
Sorensen CM January legal services $ 28,670.50
100110 Kimley Horn & Associates PW
Clares St. traffic calming,
Capitola Rd. striping, Park
Ave. traffic calming
$ 14,200.00
100113 McKim Corporation PW Road repairs $ 78,907.82
100125 Santa Cruz AuditorController PD February citation processing $ 14,070.00 100155 Eide Bailly LLP FN FY21 audit services & financial transactions report $ 45,375.00
1293 CalPERS Member
Services FN PERS contributions PPE 3/5/22 $ 55,799.71
1295 IRS FN Federal taxes & Medicare PPE
3/5/22 $ 28,625.92
100191 CivicPlus LLC REC Recreation software, training, Support $ 12,481.48
100217 PG&E PW Mach gas & electricity $ 19,557.36
100219 Pavement Engineering Inc. PW Pavement management system update $ 17,848.50
100225 Santa Cruz Regional 911 PD Capital/debt service payment & operating contribution $ 106,813.85
100246 Atkore International Inc. PD Security bollards $ 24,497.36 Attachments:
1. 3-4-22 Check Register
2. 3-11-22 Check Register
3. 3-18-22 Check Register
4. 3-25-22 Check Register
Report Prepared By: Mark Sullivan, Senior Accountant
Reviewed By: Chloé Woodmansee, City Clerk and Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
12 Item 8 B.
13 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
99993 02/25/2022 $2,417.00
Invoice Date Amount
SWRCB022222 02/22/2022 $2,417.00
99994 03/04/2022 $2,030.77
Invoice Date Amount
20217999 02/16/2022 $2,030.77
99995 03/04/2022 $750.00
Invoice Date Amount
4055 02/17/2022 $750.00
1350 - CDBG
99996 03/04/2022 $1,403.12
Invoice Date Amount
333465 02/28/2022 $1,403.12
1001 - Payroll
99997 03/04/2022 $1,192.23
Invoice Date Amount
12365821 03/03/2022 $392.06
12365822 03/03/2022 $420.75
12365804 03/03/2022 $379.42
99998 03/04/2022 $27.14
Invoice Date Amount
53574 02/14/2022 $27.14
99999 03/04/2022 $230.00
Invoice Date Amount
62486 02/18/2022 $230.00
2211 - IT Fund
100000 03/04/2022 $161.65
Invoice Date Amount
14NC-XG3L-R1LV 02/18/2022 $21.79
19R9-NNMX-QMJ3 02/20/2022 $19.61
1KYJ-1WCF-WX7F 03/01/2022 $98.46
1C4C-GGLG-HFTX 02/28/2022 $21.79
1000 - General Fund $98.46
2211 - IT Fund $63.19
100001 03/04/2022 $390.00
Invoice Date Amount
500579655-2022 01/01/2022 $390.00
City of Capitola
City Checks Issued March 4, 2022
ASCAP
Description
2022 music license
Desktop speakers
Monterey park supplies
Logitech headset
AMAZON CAPITAL SERVICES
Description
Ethernet network switch
ALVAREZ TECHNOLOGY GROUP INC
Description
March antivirus
ALLSAFE LOCK COMPANY
Description
Keys
March McGregor skate park foot patrol
March Esplanade park foot patrol
March Jade St. foot patrol
Soquel creek fill & excavation application fee
ACCO ENGINEERED SYSTEMS
Description
STATE WATER RESOURCES CONTROL BOARD
Description
February supplemental insurance
ALLIED UNIVERSAL
Description
January CDBG CV2-3 admin.
AFLAC
Description
PD HVAC blower motor, labor
ADAMS ASHBY GROUP INC
Description
Pages: 1 of 13
14 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
100002 03/04/2022 $204.55
Invoice Date Amount
000017767573 02/13/2022 $204.55
1000 - General Fund $155.25
2211 - IT Fund $49.30
100003 03/04/2022 $1,196.15
Invoice Date Amount
000017768241 02/13/2022 $1,196.15
100004 03/04/2022 $40.00
Invoice Date Amount
21627 02/22/2022 $40.00
1311 - Wharf
100005 03/04/2022 $41.47
Invoice Date Amount
490404 02/09/2022 $41.47
100006 03/04/2022 $261.99
Invoice Date Amount
18325912 02/23/2022 $90.36
18327196 02/23/2022 $81.90
18327203 02/23/2022 $17.64
18327217 02/23/2022 $52.32
18339750 03/01/2022 $19.77
100007 03/04/2022 $900.00
Invoice Date Amount
1391 02/22/2022 $900.00
5552 - Housing Successor
100008 03/04/2022 $709.46
Invoice Date Amount
9231 02/01/2022 $50.00
9230 02/01/2022 $90.00
9244 02/01/2022 $346.46
9243 02/01/2022 $58.00
9234 02/01/2022 $60.00
9233 02/01/2022 $45.00
9232 02/01/2022 $60.00
100009 03/04/2022 $1,291.00
Invoice Date Amount
Tailoring changes
CALIFORNIA COASTAL COMMISSION
Description
Tailoring changes
Tailoring changes
Tailoring changes
Tailoring changes
Tailoring changes
Eagle hat piece, Sergeant hat piece
Objective standards for multi-family & mixed use development
CALIFORNIA COAST UNIFORM COMPANY
Description
Museum supplies
BEN NOBLE URBAN AND REGIONAL PLANNING
Description
Museum prints, black styrene mounting, gatorfoam mounting Museum print, styrene mounting
Museum print, gatorfoam mounting
BAY PHOTO LAB
Description
Museum print, gatorfoam mounting
B & B SMALL ENGINE REPAIR
Description
Lanyard, loop runner, tork screw
AUTOMATION TEST ASSOCIATES
Description
February wharf meter reading
AT&T/CALNET 3
Description
February T-1 access
AT&T/CALNET 3
Description
February telephone service
Pages: 2 of 13
15 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
CCC030122 03/01/2022 $1,291.00
100010 03/04/2022 $1,595.50
Invoice Date Amount
POA022522 02/25/2022 $1,595.50
1001 - Payroll
100011 03/04/2022 $233.37
Invoice Date Amount
CAB022822 02/28/2022 $58.62
CAB022822-2 02/28/2022 $174.75
5552 - Housing Successor
100012 03/04/2022 $884.00
Invoice Date Amount
3062 02/22/2022 $884.00
100013 03/04/2022 $150.00
Invoice Date Amount
CS011922 01/19/2022 $150.00
100014 03/04/2022 $2,068.00
Invoice Date Amount
41815 02/11/2022 $1,368.00
B220047 02/01/2022 $700.00
100015 03/04/2022 $75.00
Invoice Date Amount
200012655 02/17/2022 $75.00
100016 03/04/2022 $364.00
Invoice Date Amount
CK030122 03/01/2022 $364.00
100017 03/04/2022 $1,500.00
Invoice Date Amount
125588 11/09/2021 $1,500.00
100018 03/04/2022 $180.00
Invoice Date Amount
36446 03/01/2022 $180.00
100019 03/04/2022 $2,740.60
Invoice Date Amount
1271219 01/11/2022 $2,740.60
EQUITABLE
Description
February LTD, STD, life, AD&D insurance
ELEVATOR SERVICE COMPANY INC.
Description
Quarterly elevator lube and inspection
DAVEY RESOURCE GROUP
Description
Wharf Rd. & Clares St. tree health & risk assessment
CYNTHIA KASKEY
Description
Instructor payment
CSMFO
Description
Account clerk training
Description
January building inspector services
January building plan review services
Description
Employee physical reimbursement
CSG Consultants Inc.
Description
January televised meetings
COOPER SANDEN
January emergency mortgage assistance program
January emergency housing assistance
COMMUNITY TELEVISION OF SANTA CRUZ COUNTY
POA and gym dues PPE 2/19/22
COMMUNITY ACTION BOARD
Description
Permit application fee
CAPITOLA PEACE OFFICERS ASSOCIATION
Description
Pages: 3 of 13
16 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
1000 - General Fund $297.92
1001 - Payroll $2,442.68
100020 03/04/2022 $585.83
Invoice Date Amount
9766148 02/15/2022 $585.83
100021 03/04/2022 $225.69
Invoice Date Amount
663661 02/15/2022 $225.69
100022 03/04/2022 $5,017.03
Invoice Date Amount
22-475008 02/22/2022 $1,934.39
22-478009 02/24/2022 $3,082.64
100023 03/04/2022 $4,619.89
Invoice Date Amount
GE030122 03/01/2022 $4,619.89
100024 03/04/2022 $504.14
Invoice Date Amount
1353953 02/12/2022 $504.14
100025 03/04/2022 $1,825.20
Invoice Date Amount
HF022222 02/22/2022 $1,825.20
100026 03/04/2022 $3,520.89
Invoice Date Amount
3524846 01/24/2022 $61.57
0013980 02/16/2022 $76.38
0013992 02/16/2022 $70.84
2620372 02/14/2022 $157.34
6522410 02/10/2022 $140.61
8523786 02/18/2022 $7.50
2614599 02/24/2022 $29.87
1030760 02/25/2022 $194.91
1524899 02/25/2022 $44.84
4623740 02/02/2022 $18.19
5515474 02/01/2022 $34.31
3032860 01/24/2022 $67.83
6611114 01/31/2022 $122.66
6623458 01/31/2022 $60.87
5645663 02/01/2022 $238.94
Jade St. supplies
Spanner wrenches, muriatic acid, backing flanges, spray bottle Evidence room bathroom repairs
Skate park supplies
Basket strainer wrench, tub drain wrench, kneeling cushion Bathroom supplies
Spray paint
Jade St. supplies
Socket adapter, tape measure, wood chisel set
Wharf supplies, hardware
Utility pump
Wharf galvanized grip edge
Sakrete sand, garbage bags
Gloves, blades, fiberglass cloth, remnant hose
Wharf supplies, hardware
Instructor payment
HOME DEPOT CREDIT SERVICES
Description
Granite patch
HANYA FOJACO
Description
Instructor payment
GRANITE ROCK COMPANY
Description
617 gallons gasoline
GINA ENRIQUEZ
Description
FLYERS ENERGY LLC
Description
410 gallons gasoline
FIRST ALARM
Description
Community Center quarterly intrusion system monitoring
FERGUSON ENTERPRISES LLC #795
Description
Jade St. bathroom supplies
Pages: 4 of 13
17 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
3034465 02/03/2022 $177.46
7522247 02/09/2022 $15.64
8040789 02/08/2022 $55.10
8636162 02/08/2022 $543.91
8640109 02/08/2022 $45.52
9521935 02/07/2022 $55.52
9612144 02/07/2022 $67.73
1523194 02/15/2022 $42.46
1620517 02/15/2022 $4.55
2511568 02/14/2022 $47.49
5620600 02/11/2022 $46.90
6522439 02/10/2022 $59.92
6612560 02/10/2022 $102.97
2524727 02/24/2022 $183.48
3621969 02/23/2022 $36.86
4974629 02/22/2022 $30.99
9523568 02/17/2022 $44.70
9633692 02/17/2022 $110.30
0511836 02/16/2022 $328.82
4030341 02/22/2022 $155.23
2524726 02/24/2022 $38.68
1000 - General Fund $3,190.25
1311 - Wharf Fund $330.64
100027 03/04/2022 $318.00
Invoice Date Amount
22-61483 03/02/2022 $318.00
100028 03/04/2022 $348.00
Invoice Date Amount
3323994 12/14/2021 $348.00
100029 03/04/2022 $906.76
Invoice Date Amount
248690 02/16/2022 $453.38
249070 02/22/2022 $453.38
100030 03/04/2022 $158.02
Invoice Date Amount
55Y1251885 02/16/2022 $132.27
55Y1255550 03/01/2022 $25.75
1000 - General Fund $11.00
2211 - IT Fund $147.02
100031 03/04/2022 $10,725.20
City Hall copier usage charges
City Hall & Recreation copier usage charges
KIMLEY HORN AND ASSOCIATES INC
Tow away signs
KBA Document Solutions LLC
Description
INTERSTATE TRAFFIC CONTROL PRODUCTS
Description
Tow away sign
INTERNATIONAL CODE COUNCIL
Description
ICC membership 3 yrs. member no. 0109600
INTERNATIONAL BRONZE PLAQUE COMPANY
Description
Memorial bench plaques
Jade St. bulbs, loctite, super glue, LED trim
Utility hooks, tape measures, carabiners, bucket, adapter set Esplanade supplies
Supplies
Pencil, loctite, construction adhesive,
Jade St. rust remover, LED trim
Esplanade bathroom supplies
Jade St. steel cable, ladder
Wharf bathroom supplies
Jade St. wire strippers, electrical tape, tools
Power washer replacement nozzle, tape measure
Bit set
Loctite, caulk gun, tape, rust stopper, woven rollers
Wharf bathroom paint supplies
Mask
Lathe
PD supplies
Jade St. zip ties, tape, wire connectors
Folding saw horse, debris filter kit, vacuum filters
Wharf bathroom supplies
Curb paint, poly roller, tape
Pages: 5 of 13
18 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
Invoice Date Amount
20657328 01/31/2022 $10,725.20
1200 - CIP
100032 03/04/2022 $305.20
Invoice Date Amount
435336 02/09/2022 $305.20
100033 03/04/2022 $220.30
Invoice Date Amount
69018984 02/22/2022 $220.30
100034 03/04/2022 $65.00
Invoice Date Amount
LJ020822 02/08/2022 $65.00
100035 03/04/2022 $1,075.20
Invoice Date Amount
FF5218 02/25/2022 $1,075.20
1001 - Payroll
100036 03/04/2022 $1,205.58
Invoice Date Amount
209642 02/17/2022 $1,205.58
100037 03/04/2022 $792.55
Invoice Date Amount
LL013122 01/31/2022 $792.55
100038 03/04/2022 $512.50
Invoice Date Amount
1777 02/21/2022 $512.50
100039 03/04/2022 $164.76
Invoice Date Amount
MC013122 01/31/2022 $164.76
100040 03/04/2022 $5,000.00
Invoice Date Amount
202201-1 02/23/2022 $5,000.00
100041 03/04/2022 $682.50
Invoice Date Amount
MF022222 02/22/2022 $682.50
Description
Instructor payment
Description
Parklets progress billing
MICHELE FAIA
Description
January uniform cleaning
MICHAEL ARNONE
Description
Spring newsletter mailing
MASTER CLEANERS
Description
January uniform cleaning
MARTHA MACAMBRIDGE
Description
2016 Ford tires
LUXLAUNDER
Description
February LIUNA dues
LLOYDS TIRE SERVICE
Description
Instructor payment
LIUNA PENSION FUND
Description
Acetylene rental
LINDSAY MITCHELL JOHNSON
Description
Range supplies
LINDE GAS & EQUIPMENT INC.
Description
Clares st. traffic calming
LC ACTION POLICE SUPPLY LTD
Pages: 6 of 13
19 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
100042 03/04/2022 $152.86
Invoice Date Amount
M-1607899 02/09/2022 $80.91
M-1627176 02/24/2022 $51.41
M-1627599 02/24/2022 ($34.74)
M-1626038 02/23/2022 $55.28
1000 - General Fund $136.19
1310 - Gas Tax $16.67
100043 03/04/2022 $282.49
Invoice Date Amount
516487216 02/16/2022 $34.03
516439606 02/09/2022 $117.36
516487217 02/16/2022 $97.07
516526881 02/23/2022 $34.03
100044 03/04/2022 $360.15
Invoice Date Amount
62508 02/18/2022 $224.12
62536 02/25/2022 $136.03
1000 - General Fund $136.03
2210 - Stores Fund $224.12
100045 03/04/2022 $1,835.76
Invoice Date Amount
284300 02/16/2022 $65.72
284325 02/17/2022 $1,770.04
100046 03/04/2022 $190.07
Invoice Date Amount
2763-264847 02/23/2022 $190.07
100047 03/04/2022 $1,209.31
Invoice Date Amount
E84552 02/09/2022 $106.79
E92326 02/23/2022 $29.05
E79663 01/31/2022 $44.64
E81128 02/03/2022 $13.07
E83508 02/07/2022 $15.89
E84032 02/08/2022 $46.38
E84530 02/09/2022 $31.59
E85405 02/11/2022 $133.98
E87461 02/14/2022 $33.77
E88808 02/17/2022 $33.21
E91987 02/22/2022 $14.16
Fender washers, rubber mallet, supplies
Nozzle
Putty, putty knife
Paint, supplies
Stencil kit, wood boring spade bit set
Tip cleaner
Super glue, color change brush
Stencil kits, margin trowel, quikcrete
Garden hose, onetouch wands
Metric plug tap, hook, bulk fasteners
Drill, hose, hose clamp
Starter, coolant hose, ignition coil, V-belt
OUTDOOR SUPPLY HARDWARE
Description
Radiator & condenser assembly, bumper & grille assembly
O'REILLY AUTO PARTS
Description
NORTH BAY FORD
Description
Windshield hoses
Description
Envelopes
Business cards
Corp. yard uniform cleaning
Fleet uniform cleaning
MISSION PRINTERS
Description
Fleet uniform cleaning, towels
Corp. yard uniform cleaning, mats, towels
Sweeper belts returned
Gloves, tools
MISSION LINEN SUPPLY
Description
LED strobe light, blind spot mirror
Sweeper belts
MID COUNTY AUTO SUPPLY
Pages: 7 of 13
20 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
E92275 02/23/2022 $68.39
E92704 02/24/2022 $220.40
E92705 02/24/2022 $68.63
E92740 02/24/2022 $27.24
E93216 02/25/2022 $287.72
E93999 02/26/2022 $34.40
100048 03/04/2022 $156.49
Invoice Date Amount
636130-0 02/14/2022 $59.29
636575-0 02/16/2022 $97.20
100049 03/04/2022 $24,237.00
Invoice Date Amount
PE012722 01/27/2022 $24,237.00
1200 - CIP
100050 03/04/2022 $5,396.00
Invoice Date Amount
EIA43509 02/01/2022 $5,396.00
1000 - General Fund $13.80
1001 - Payroll $5,382.20
100051 03/04/2022 $605.33
Invoice Date Amount
7719-1014445 02/17/2022 $10.50
7719-1014561 02/25/2022 $517.75
7719-1014637 02/25/2022 $77.08
100052 03/04/2022 $1,454.75
Invoice Date Amount
55-0703976 02/08/2022 $273.02
55-0705637 02/15/2022 $268.53
55-0706287 02/17/2022 $197.61
55-0706312 02/17/2022 $149.14
55-0706701 02/18/2022 $485.60
55-0706710 02/18/2022 $80.85
1311 - Wharf
100053 03/04/2022 $412.64
Invoice Date Amount
14508-434147 02/23/2022 $412.64
100054 03/04/2022 $39,950.00
Invoice Date Amount
Fuel filters, hydraulic fluid, fuel water separator
SANTA CRUZ COUNTY HUMAN SERVICES DEPT
Description
Wharf washers, screws
SANTA CRUZ AUTO PARTS INC.
Description
Wharf lumber
Wharf joist hangers, screws
Wharf lumber
Description
Wharf supplies, hardware
Wharf supplies, hardware
Jade St. supplies
Jade St. supplies
SAN LORENZO LUMBER
ROYAL WHOLESALE ELECTRIC
Description
Jade St. supplies
PREFERRED BENEFIT INSURANCE ADMIN.
Description
February dental & vision insurance
POWER ENGINEERING CONTRACTORS INC.
Description
Wharf resiliency & public access improvement retention release Description
Calculator
Paper, pens
Push broom, tools, fasteners
Wire paint roll, roller cover six pack
PALACE BUSINESS SOLUTIONS
Hedge shears, paint, roller cover, brushes
Supplies
Steel wire cutter
Saw, flashing, hex key set, gloves, oxide belt, sand paper Pages: 8 of 13
21 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
JURD-21-3 03/02/2022 $39,950.00
1370 - HOME
100055 03/04/2022 $120.00
Invoice Date Amount
1943 01/01/2022 $90.00
2004 03/01/2022 $30.00
100056 03/04/2022 $330.18
Invoice Date Amount
SCMU013122 01/31/2022 $330.18
100057 03/04/2022 $2,358.33
Invoice Date Amount
08-15299-0021022 02/10/2022 $155.31
08-15562-0021022 02/10/2022 $48.01
09-15964-0021022 02/10/2022 $1,004.07
13-10919-0021722 02/17/2022 $48.01
10-16317-0021422 02/14/2022 $303.03
10-16315-0021422 02/14/2022 $176.44
10-16316-0021422 02/14/2022 $108.29
13-18567-0021722 02/17/2022 $515.17
100058 03/04/2022 $193.71
Invoice Date Amount
TM022122 02/21/2022 $193.71
100059 03/04/2022 $176.47
Invoice Date Amount
670317478 02/22/2022 $176.47
100060 03/04/2022 $1,620.33
Invoice Date Amount
153636722-0 02/23/2022 $1,620.33
1000 - General Fund $891.26
2211 - IT Fund $729.07
100061 03/04/2022 $20.00
Invoice Date Amount
UW022822 02/25/2022 $20.00
1001 - Payroll
100062 03/04/2022 $2.87
Invoice Date Amount
0000954791082 02/19/2022 $2.87
UPS
Description
PD shipping missing PLD & late fee
UNITED WAY OF SANTA CRUZ COUNTY
Description
February employee United Way contributions
TPX COMMUNICATIONS
Description
February phone service
THE HOME DEPOT PRO
Description
Nitrile gloves
T MOBILE
Description
February cell phone usage
504 Beulah Dr. water
426 Capitola Ave. water
2005 Wharf Rd. water
Monterey Ave. Esplanade water
2000 Wharf Road water service
420 Capitola Ave. water
Description
Monterey Ave. water
Cliff and Fairview water service
Description
January water service for medians
SOQUEL CREEK WATER DISTRICT
Recreation live scans (3)
Recreation live scan
SANTA CRUZ MUNICIPAL UTILITIES
Homeless action partnership cost share
SANTA CRUZ LIVE SCAN INC.
Description
Pages: 9 of 13
22 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
100063 03/04/2022 $174.40
Invoice Date Amount
465672491 02/18/2022 $174.40
2210 - Stores Fund
100064 03/04/2022 $287.08
Invoice Date Amount
PARS022522 02/25/2022 $287.08
1001 - Payroll
100065 03/04/2022 $2,984.16
Invoice Date Amount
9899260354 02/10/2022 $2,984.16
100066 03/04/2022 $520.00
Invoice Date Amount
13056 02/14/2022 $520.00
1321 - BIA
100067 03/04/2022 $59.36
Invoice Date Amount
4171458 02/09/2022 $59.36
100068 03/04/2022 $13,101.00
Invoice Date Amount
21097-106 02/18/2022 $13,101.00
100069 03/04/2022 $105.00
Invoice Date Amount
2005571.002 03/01/2022 $105.00
100070 03/04/2022 $80.00
Invoice Date Amount
2005568.002 02/22/2022 $80.00
100071 03/04/2022 $90.00
Invoice Date Amount
2005564.002 02/18/2022 $90.00
100072 03/04/2022 $83.70
Invoice Date Amount
2005570.002 02/28/2022 $83.70
100073 03/04/2022 Eli Casey $94.00
DJ Timpany
Description
Class refund
Devin Kato
Description
Class refund
Cassandra Bryce
Description
Class refund
Beau Barcus
Description
Class refund
WORKBENCH
Description
January SB2 ADU program construction docs, engineer coordination
WE ALL RIDE SANTA CRUZ
Description
Helmet cleaner, clear coat, slick mist, insect remover, supplies
VISIT SANTA CRUZ COUNTY
Description
BIA advertising
VERIZON WIRELESS
Description
February telephone charges
US BANK PARS Acct 6746022400
Description
PARS contributions PPE 2/19/22
US BANK EQUIPMENT FINANCE
Description
City Hall copier leases
Pages: 10 of 13
23 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
Invoice Date Amount
2005559.002 02/15/2022 $94.00
100074 03/04/2022 $52.00
Invoice Date Amount
2005566.002 02/22/2022 $52.00
100075 03/04/2022 $61.20
Invoice Date Amount
2005563.002 02/18/2022 $61.20
100076 03/04/2022 $52.20
Invoice Date Amount
2005560.002 02/16/2022 $52.20
100077 03/04/2022 $90.00
Invoice Date Amount
2005572.002 03/01/2022 $90.00
100078 03/04/2022 $79.00
Invoice Date Amount
2005558.002 02/15/2022 $79.00
100079 03/04/2022 $26.00
Invoice Date Amount
2005562.002 02/16/2022 $26.00
100080 03/04/2022 $15.00
Invoice Date Amount
2005565.002 02/22/2022 $15.00
100081 03/04/2022 $128.00
Invoice Date Amount
2005569.002 02/25/2022 $128.00
100082 03/04/2022 $72.00
Invoice Date Amount
2005567.002 02/22/2022 $72.00
100083 03/04/2022 $70.00
Invoice Date Amount
2005561.002 02/16/2022 $70.00
Check Totals: $161,104.08
Yvette Brooks
Description
Class refund
Willow Munger
Description
Class refund
Michelle Chao
Description
Class refund
Michelle Chao
Description
Class refund
Marilyn Patton
Description
Class refund
Luz Dunn
Description
Class refund
Katie Cordero
Description
Class refund
Kathleen Cornell
Description
Class refund
Joyce Rollins
Description
Class refund
Joann Hill
Description
Class refund
Description
Class refund
Pages: 11 of 13
24 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
1285 02/25/2022 $135.00
Invoice Date Amount
0001468590-IN 01/31/2022 $135.00
1286 02/28/2022 $8,658.26
Invoice Date Amount
1-443-623-520 02/25/2022 $8,658.26
1001 - Payroll
1287 02/28/2022 $29,329.78
Invoice Date Amount
24964097 02/25/2022 $29,329.78
1001 - Payroll
1288 02/28/2022 $1,575.68
Invoice Date Amount
38888365 02/25/2022 $1,575.68
1001 - Payroll
1289 02/28/2022 $7,639.36
Invoice Date Amount
VOYA022522 02/25/2022 $7,639.36
1001 - Payroll
1290 03/01/2022 $66,985.10
Invoice Date Amount
1002055724 03/01/2022 $66,985.10
1000 - General Fund $3,477.08
1001 - Payroll $63,508.02
1291 03/01/2022 $55,535.63
Invoice Date Amount
1002055675-8 02/25/2022 $55,535.63
1001 - Payroll
$169,858.81
301 03/04/2022 $732.50
Invoice Date Amount
20657330 01/31/2022 $732.50
$732.50
Library driveway improvements
Library Totals:
Library
KIMLEY HORN AND ASSOCIATES INC
Description
Description
PERS contributions PPE 2/19/22
EFT Totals:
Description
March health insurance
CalPERS Member Services Division
Description
Employee 457 contributions PPE 2/19/22
CalPERS Health Insurance
Description
Employee garnishments PPE 2/19/22
VOYA FINANCIAL
Description
Federal taxes & Medicare PPE 2/19/22
STATE DISBURSEMENT UNIT
Description
State taxes PPE 2/19/22
INTERNAL REVENUE SERVICE
Description
January COBRA and FSA admin
EMPLOYMENT DEVELOPMENT DEPARTMENT
EFT
WEX HEALTH INC.
Pages: 12 of 13
25 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 4, 2022
Main City Totals Count Total
Checks 91 $161,104.08
EFTs 7 $169,858.81
All 98 $330,962.89
Payroll Totals
Checks 0 $0.00
EFTs 85 $168,279.19
All 85 $168,279.19
Library Totals
Checks 1 $732.50
EFTs 0 $0.00
All 1 $732.50
Grand Totals:
Checks 92 $161,836.58
EFTs 92 $338,138.00
All 184 $499,974.58
Pages: 13 of 13
26 Item 8 B.
27 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100084 03/07/2022 $453.38
Invoice Date Amount
249070 02/22/2022 $453.38
100085 03/08/2022 $50.00
Invoice Date Amount
SCC030722 03/07/2022 $50.00
1200 - CIP
100086 03/11/2022 $225.21
Invoice Date Amount
ADT030122 03/01/2022 $225.21
100087 03/11/2022 $1,115.55
Invoice Date Amount
1M3X-FD99-HPYG 03/03/2022 $40.31
1LVQ-NHGG-4K4G 03/03/2022 $313.92
1WTQ-DKGC-VGKM 03/05/2022 $673.96
1F1W-K1JH-79MP 03/08/2022 $55.76
1DY9-RMXR-K1PG 03/08/2022 $31.60
2210 - Stores Fund $31.60
2211 - IT Fund $1,083.95
100088 03/11/2022 $667.99
Invoice Date Amount
491722 03/01/2022 $667.99
100089 03/11/2022 $25.50
Invoice Date Amount
P49377140 03/09/2022 $25.50
100090 03/11/2022 $2,740.00
Invoice Date Amount
INV488349 03/08/2022 $2,740.00
100091 03/11/2022 $28,670.50
Invoice Date Amount
281211 02/25/2022 $116.00
281212 02/25/2022 $16,020.00
281213 02/25/2022 $212.00
281214 02/25/2022 $1,166.00
281215 02/25/2022 $1,325.00
281216 02/25/2022 $424.00
281217 02/25/2022 $9,407.50
INTERSTATE TRAFFIC CONTROL PRODUCTS
Description
City of Capitola
City Checks Issued March 11, 2022
Corp. yard & museum ADT monitoring
AMAZON CAPITAL SERVICES
Description
Categorical exemption fee for Clares St. traffic calming ADT SECURITY SERVICES INC.
Description
Tow away signs
COUNTY OF SANTA CRUZ
Description
Description
Blade set, trimmer line, AP 300 battery, gearbox grease
BATTERIES PLUS BULBS
Wired headsets
Ink
B & B SMALL ENGINE REPAIR
Desktop speakers, monitor cable
Asus monitors (2)
Asus monitors (4)
Description
Labor & employment legal services
January legal services
Description
Dog waste bags
BURKE WILLIAMS AND SORENSEN LLP
Description
Batteries
BIOBAG AMERICAS INC.
January COVID-19 legal services
SB9 ordinance legal services
January code enforcement
January planning legal services
January police legal services
Pages: 1 of 8
28 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
100092 03/11/2022 $879.45
Invoice Date Amount
9242 02/01/2022 $655.45
9241 02/01/2022 $224.00
100093 03/11/2022 $42.07
Invoice Date Amount
5098240636 03/03/2022 $42.07
100094 03/11/2022 $5,433.92
Invoice Date Amount
29393 02/28/2022 $5,433.92
1000 - General Fund $4,673.48
1311 - Wharf Fund $760.44
100095 03/11/2022 $1,388.80
Invoice Date Amount
30866011 02/09/2022 $1,388.80
1321 - BIA
100096 03/11/2022 $263.50
Invoice Date Amount
CSW022822 02/28/2022 $263.50
100097 03/11/2022 $1,046.73
Invoice Date Amount
288100 02/28/2022 $621.13
288101 02/28/2022 $306.25
288102 02/28/2022 $119.35
100098 03/11/2022 $180.00
Invoice Date Amount
C44791-2022 03/08/2022 $180.00
100099 03/11/2022 $81.82
Invoice Date Amount
EG030122 03/01/2022 $81.82
100100 03/11/2022 $335.96
Invoice Date Amount
10682463 03/01/2022 $335.96
Description
Tailoring changes, shirt, jacket
Uniform tailoring changes
CALIFORNIA COAST UNIFORM COMPANY
COMMUNITY PRINTERS
Description
BIA visitor's guide brochures
CLEAN BUILDING MAINTENANCE CO.
Description
February janitorial services
CINTAS CORPORATION
Description
First aid supplies
Jade st. park hand wash station rental
Cortez park hand wash station
DEPARTMENT OF CONSUMER AFFAIRS
D & G SANITATION
Description
Skate park hand wash station, portable toilets
CRYSTAL SPRINGS WATER CO.
Description
February drinking water
Description
Armored car service
Description
Bowls, napkins, plates reimbursement
GARDAWORLD
Description
Certificate no. 44791 renewal fee
ESMERALDA GONZALEZ
Pages: 2 of 8
29 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
100101 03/11/2022 $93.41
Invoice Date Amount
00367342 02/22/2022 $93.41
100102 03/11/2022 $1,743.75
Invoice Date Amount
GM030622 03/06/2022 $1,743.75
100103 03/11/2022 $1,180.84
Invoice Date Amount
9223253403 02/23/2022 $715.54
9228281029 02/28/2022 $465.30
100104 03/11/2022 $1,725.83
Invoice Date Amount
SIN015243 03/02/2022 $1,725.83
100105 03/11/2022 $127.50
Invoice Date Amount
INV-036473 02/28/2022 $75.00
INV-035017 02/15/2022 $52.50
100106 03/11/2022 $620.88
Invoice Date Amount
249317 03/08/2022 $620.88
100107 03/11/2022 $20.00
Invoice Date Amount
21795 03/01/2022 $20.00
100108 03/11/2022 $480.01
Invoice Date Amount
PC030922 03/09/2022 $480.01
1000 - General Fund $430.01
1313 - General Plan $50.00
100109 03/11/2022 $253.01
Invoice Date Amount
803-00000949856 01/12/2022 $253.01
GARDEN HAVEN NURSERY
Description
Library handrail
Library handrail corner connector
Description
Bay St., Peery Park maintenance, vinca control
GRAINGER
Description
Plants
GEORGE McMENAMIN
Car washes
INTERSTATE TRAFFIC CONTROL PRODUCTS
Description
HUMBOLDT PETROLEUM LLC
Description
Car washes
HINDERLITER DELLAMAS AND ASSOCIATES
Description
Sales tax audit services
Petty cash expenditures
KELLY MOORE PAINT COMPANY INC.
Description
Check palm roots and site
JIM MALBERG - PETTY CASH CUSTODIAN
Description
Signs
JACKSON LANDSCAPE
Description
Paint
Pages: 3 of 8
30 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
100110 03/11/2022 $14,200.00
Invoice Date Amount
20825503 02/28/2022 $4,450.00
20825504 02/28/2022 $4,250.00
20825506 02/28/2022 $5,500.00
1200 - CIP $9,950.00
1308 - SB1 $2,125.00
1309 - RTC $2,125.00
100111 03/11/2022 $601.68
Invoice Date Amount
435733 02/21/2022 $601.68
100112 03/11/2022 $3,700.00
Invoice Date Amount
34101 02/14/2022 $3,700.00
100113 03/11/2022 $78,907.82
Invoice Date Amount
20901 02/22/2022 $78,907.82
1308 - SB1 $39,453.91
1309 - RTC $39,453.91
100114 03/11/2022 $146.86
Invoice Date Amount
M-1634744 03/02/2022 $146.86
100115 03/11/2022 $117.36
Invoice Date Amount
516526882 02/23/2022 $117.36
100116 03/11/2022 $448.36
Invoice Date Amount
766803 02/04/2022 $125.00
767531 03/07/2022 $323.36
1200 - CIP
100117 03/11/2022 $177.50
Invoice Date Amount
2763-265923 02/28/2022 $148.39
2763-265969 03/01/2022 $29.11
LC ACTION POLICE SUPPLY LTD
Description
Range supplies
Clares St. traffic calming
Capitola Rd. striping
Park Ave. traffic calming
KIMLEY HORN AND ASSOCIATES INC
Description
MID COUNTY AUTO SUPPLY
Description
Control arm
McKim Corporation
Description
Road repairs
LEWIS TREE SERVICE INC.
Description
Monterey cypress removal at upper parking lot
Wharf final design, mileage reimbursement
O'REILLY AUTO PARTS
Description
MOFFATT AND NICHOL
Description
Wharf bid and construction support
MISSION LINEN SUPPLY
Description
Corp. yard uniform cleaning
Radiator hose, coolant, freight
Water pump
Pages: 4 of 8
31 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
100118 03/11/2022 $199.80
Invoice Date Amount
OSHFC 07/25/2021 $3.69
E76777 01/26/2022 $72.74
E77308 01/27/2022 $26.77
E77986 01/28/2022 $25.79
E95424 03/01/2022 $70.81
100119 03/11/2022 $219.59
Invoice Date Amount
637801-0 03/02/2022 $11.11
638239-0 03/07/2022 $148.86
637087-0 02/23/2022 $59.62
1000 - General Fund $208.48
2210 - Stores Fund $11.11
100120 03/11/2022 $5,499.68
Invoice Date Amount
012022070 02/17/2022 $5,499.68
100121 03/11/2022 $100.00
Invoice Date Amount
RMP030122 03/01/2022 $100.00
100122 03/11/2022 $782.76
Invoice Date Amount
7719-1015028 03/04/2022 $782.76
100123 03/11/2022 $769.94
Invoice Date Amount
55-0707377 02/22/2022 $96.91
55-0705637-2 02/15/2022 $20.00
55-0704815 02/10/2022 $81.94
55-0709657 03/03/2022 $251.99
55-0709685 03/03/2022 $319.10
1311 - Wharf Fund
100124 03/11/2022 $833.95
Invoice Date Amount
1800080480 02/14/2022 $180.00
1800080453 02/09/2022 $653.95
Supplies
Lemon spray, putty knife, razor scraper, paint brush set Charging cables, 4 port charger, USB cable
Description
Finance charge
Staple gun, markers, staples, saw chop wheel
OUTDOOR SUPPLY HARDWARE
Description
February citation processing
ROBERT M PATTERSON
Desk pad, steno books, notebooks, envelopes
Paper
PHOENIX GROUP INFORMATION SYSTEMS
PALACE BUSINESS SOLUTIONS
Description
Stamp
Description
Wharf lumber
Wharf hardware
Description
Jade St. supplies
SAN LORENZO LUMBER
Description
February citation reviews
ROYAL WHOLESALE ELECTRIC
Coplink 2021 annual billing
SANTA CLARA COUNTY OFFICE OF THE SHERIFF
Description
January range use
Wharf hardware, bucket
Wharf house hardware & supplies
Wharf house lumber
Pages: 5 of 8
32 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
100125 03/11/2022 $14,070.00
Invoice Date Amount
SCC022822 02/28/2022 $14,070.00
100126 03/11/2022 $26.00
Invoice Date Amount
41866 02/28/2022 $26.00
100127 03/11/2022 $655.71
Invoice Date Amount
SCC030122 03/01/2022 $655.71
100128 03/11/2022 $251.20
Invoice Date Amount
0001327049 02/28/2022 $251.20
100129 03/11/2022 $322.22
Invoice Date Amount
0533267-IN 03/01/2022 $322.22
100130 03/11/2022 $7,764.36
Invoice Date Amount
0000178020122 02/01/2022 $3,862.72
0000178030122 03/01/2022 $3,901.64
1000 - General Fund $3,396.38
2211 - IT Fund $4,367.98
100131 03/11/2022 $730.86
Invoice Date Amount
8065369476 02/26/2022 $646.88
8065293421 02/19/2022 $83.98
100132 03/11/2022 $107.19
Invoice Date Amount
79003 02/26/2022 $107.19
100133 03/11/2022 $1,619.68
Invoice Date Amount
38807A 01/05/2022 $1,619.68
100134 03/11/2022 $1,400.00
Invoice Date Amount
15884 11/22/2021 $1,400.00
1321 - BIA
SANTA CRUZ COUNTY AUDITOR-CONTROLLER
Description
February open query scan charges
SANTA CRUZ SENTINEL
Description
Landfill charges
SANTA CRUZ COUNTY INFORMATION SERVICES
Description
February citation processing
SANTA CRUZ COUNTY DEPT OF PUBLIC WORKS
Description
February internet service
March internet service
STAPLES ADVANTAGE
Evidence tubing
SPECTRUM BUSINESS
Description
February legal notice
SIRCHIE
Description
THE SKYLIGHT PLACE INC.
Description
Jade St. broken windows replaced, handles, labor
SUMMIT UNIFORMS
Description
Duty belt, under belt
Description
Office supplies
Cups, thermal pouches
TIMES PUBLISHING GROUP INC.
Description
BIA advertising
Pages: 6 of 8
33 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
100135 03/11/2022 $2,668.00
Invoice Date Amount
000018 03/01/2022 $2,668.00
1321 - BIA
100136 03/11/2022 $185.71
Invoice Date Amount
200513813 02/13/2022 $185.71
100137 03/11/2022 $315.01
Invoice Date Amount
466308665 02/25/2022 $315.01
2210 - Stores Fund
100138 03/11/2022 $139.60
Invoice Date Amount
13655332 02/01/2022 $69.80
13655333 02/01/2022 $69.80
100139 03/11/2022 $96.00
Invoice Date Amount
500125199 03/01/2022 $96.00
100140 03/11/2022 $669.00
Invoice Date Amount
21-0287 03/08/2022 $669.00
100141 03/11/2022 $276.51
Invoice Date Amount
DZ030922 03/09/2022 $276.51
100142 03/11/2022 $38.00
Invoice Date Amount
500124726 03/02/2022 $38.00
100143 03/11/2022 $96.00
Invoice Date Amount
700123657 02/24/2022 $96.00
$187,981.96
TRACTOR SUPPLY COMPANY
Description
Boots
TODD HANSON
Description
March BIA marketing, website management, media boost
Turnouts rodent control
Burak Cetin
Description
WESTERN EXTERMINATOR COMPANY
Description
City Hall rodent control
US BANK EQUIPMENT FINANCE
Description
City Hall copier lease
Team building supplies reimbursement
Douglas Crocker
Description
1500 Wharf Rd. sign permit deposit refund
David Zucker
Description
Citation refund
Craig Nunes
Description
Citation refund
Check Totals:
Citation dismissed
Ryan Wang
Description
Pages: 7 of 8
34 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 11, 2022
1292 03/11/2022 $1,210.09
Invoice Date Amount
WF031122 03/11/2022 $1,210.09
$1,210.09
Main City Totals Count Total
Checks 60 $187,981.96
EFTs 1 $1,210.09
All 61 $189,192.05
Payroll Totals
Checks 0 $0.00
EFTs 88 $166,574.44
All 88 $166,574.44
Grand Totals:
Checks 60 $187,981.96
EFTs 89 $167,784.53
All 149 $355,766.49
EFT Totals:
WELLS FARGO BANK
Description
March client analysis charges
EFT
Pages: 8 of 8
35 Item 8 B.
36 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100144 03/16/2022 $398.05
Invoice Date Amount
1P9F-M39Q-NL9Y 01/27/2022 $22.76
1FDF-NWDD-MR3P 01/27/2022 $74.55
1NPG-QGLQ-TL9G 02/01/2022 $213.72
1DKY-HYQL-4MJC 02/01/2022 $87.02
1000 - General Fund $300.74
2210 - Stores Fund $97.31
100145 03/18/2022 $91.90
Invoice Date Amount
14XY-PMTJ-LPVL 03/10/2022 $91.90
100146 03/18/2022 $1,675.00
Invoice Date Amount
AT030222 03/02/2022 $825.00
AT031422 03/14/2022 $850.00
100147 03/18/2022 $386.95
Invoice Date Amount
572438 03/09/2022 $226.72
572430 03/09/2022 $160.23
100148 03/18/2022 $9.38
Invoice Date Amount
ATT30122 03/01/2022 $9.38
1000 - General Fund $4.62
2211 - IT Fund $4.76
100149 03/18/2022 $205.23
Invoice Date Amount
000017915347 03/13/2022 $205.23
1000 - General Fund $155.71
2211 - IT Fund $49.52
100150 03/18/2022 $1,202.76
Invoice Date Amount
000017916015 03/13/2022 $1,202.76
100151 03/18/2022 $4,136.55
Invoice Date Amount
15073 02/28/2022 $3,489.75
15074 02/28/2022 $646.80
1310 - Gas Tax
AMAZON CAPITAL SERVICES
Description
City of Capitola
City Checks Issued March 18, 2022
Sand, storage bins, toys
ANN ELIZABETH THIERMANN
Description
Drainer cleaner tools, drain cable boring gimlet
AMAZON CAPITAL SERVICES
Description
Binder dividers
AA batteries, computer speakers
Neck gaiters, work gloves, face masks
AT&T
Description
March long distance charges
Description
Esplanade sod mix
Esplanade park top soil
Museum painting
Museum painting
APTOS LANDSCAPE SUPPLY INC.
BEAR ELECTRICAL SOLUTIONS INC.
Description
February traffic signal maintenance - response
AT&T/CALNET 3
Description
March T-1 access
AT&T/CALNET 3
Description
March telephone service
February traffic signal maintenance - routine
Pages: 1 of 6
37 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 18, 2022
100152 03/18/2022 $1,638.00
Invoice Date Amount
POA031122 03/11/2022 $1,638.00
1001 - Payroll
100153 03/18/2022 $200.00
Invoice Date Amount
200012838 03/16/2022 $200.00
100154 03/18/2022 $364.00
Invoice Date Amount
CK030722 03/07/2022 $364.00
100155 03/18/2022 $45,375.00
Invoice Date Amount
EI01281876 03/07/2022 $45,375.00
100156 03/18/2022 $154.65
Invoice Date Amount
16229130 03/09/2022 $120.56
16237560 03/10/2022 $34.09
100157 03/18/2022 $1,039.64
Invoice Date Amount
9805500 03/07/2022 $48.15
CM055695 03/08/2022 ($523.20)
9796165 03/11/2022 $1,514.69
100158 03/18/2022 $4,811.32
Invoice Date Amount
22-487255 03/10/2022 $4,175.75
22-487254 03/10/2022 $635.57
100159 03/18/2022 $48.56
Invoice Date Amount
7521451 03/11/2022 $48.56
100160 03/18/2022 $9.36
Invoice Date Amount
55Y1257966 03/10/2022 $9.36
100161 03/18/2022 $200.00
Invoice Date Amount
MK020422 02/04/2022 $200.00
Intermediate govt. accounting training
CYNTHIA KASKEY
Description
POA & gym dues PPE 3/5/22
CSMFO
Description
CAPITOLA PEACE OFFICERS ASSOCIATION
Description
Sod knife, sprinklers, trash cans, PVC adapter
Esplanade lawn sprinklers
FERGUSON ENTERPRISES LLC #795
FY21 audit services & financial transactions report
EWING IRRIGATION
Description
Instructor payment
EIDE BAILLY LLP
Description
750 gallons gasoline
100 gallons diesel
HOME DEPOT CREDIT SERVICES
Bathroom supplies
FLYERS ENERGY LLC
Description
Description
Torch shield
Returned Jade St. bathroom supplies
Description
Boots reimbursement
Description
Recreation copier usage charges
MATT KOTILA
Description
Bucket, gloves, vinyl tube, clamps
KBA Document Solutions LLC
Pages: 2 of 6
38 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 18, 2022
100162 03/18/2022 $2,289.39
Invoice Date Amount
MK030322 03/03/2022 $1,217.55
MK031022 03/10/2022 $1,071.84
100163 03/18/2022 $257.56
Invoice Date Amount
M-1638567 03/04/2022 $20.45
M-1637697 03/04/2022 $237.11
100164 03/18/2022 $2,400.00
Invoice Date Amount
00371056 03/16/2022 $2,400.00
2211 - IT Fund
100165 03/18/2022 $825.00
Invoice Date Amount
10945 01/08/2021 $675.00
11155 05/20/2021 $150.00
1321 - BIA
100166 03/18/2022 $223.35
Invoice Date Amount
E98737 03/07/2022 $2.70
E98619 03/07/2022 $113.28
E99071 03/08/2022 $107.37
100167 03/18/2022 $10.14
Invoice Date Amount
PGE031122-acct0 03/11/2022 $10.14
100168 03/18/2022 $250.99
Invoice Date Amount
638671-0 03/10/2022 $250.99
2210 - Stores Fund
100169 03/18/2022 $38.93
Invoice Date Amount
55-0711306 03/09/2022 $38.93
1311 - Wharf
100170 03/18/2022 $113.62
Invoice Date Amount
14508-435564 03/09/2022 $113.62
MICHAEL KILROY
2012 Ford F250 wear pads, serpentine belt
MUNICODE
Description
MID COUNTY AUTO SUPPLY
Description
Heater hose, supplies
Description
POST supervisory course reimbursement
POST supervisory course reimbursement
Description
Bulk fasteners for memorial plaques
Pliers, LED flashlight, broom, tape, screwdriver
BIA website troubleshooting
BIA website route DNS to new Wordpress site
OUTDOOR SUPPLY HARDWARE
Annual website hosting maintenance support
NERD BY NIGHT
Description
Paper, envelopes, binder clips
SAN LORENZO LUMBER
Description
Wharf Road Rispin Mansion utilities
PALACE BUSINESS SOLUTIONS
Description
Speedlite square, chip brush, turbo knife, ratchet tiedown
PACIFIC GAS & ELECTRIC
Description
Fuel/water separator
Wharf hardware
SANTA CRUZ AUTO PARTS INC.
Description
Pages: 3 of 6
39 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 18, 2022
100171 03/18/2022 $653.17
Invoice Date Amount
2055272-2 03/10/2022 $653.17
100172 03/18/2022 $6,999.25
Invoice Date Amount
2056942-2 03/10/2022 $6,999.25
100173 03/18/2022 $3,033.89
Invoice Date Amount
2055458-2 03/10/2022 $3,033.89
1311 - Wharf
100174 03/18/2022 $6,683.34
Invoice Date Amount
42-14952-0022422 02/24/2022 $360.24
42-15297-0022422 02/24/2022 $149.27
42-15751-0122422 02/24/2022 $141.07
42-15969-0022422 02/24/2022 $237.18
42-16122-0022422 02/24/2022 $66.22
42-10504-0022422 02/24/2022 $64.40
42-11090-0122422 02/24/2022 $149.27
42-11467-0022422 02/24/2022 $3,435.68
42-11517-0022422 02/24/2022 $149.27
42-14404-0022422 02/24/2022 $393.86
42-16130-0022422 02/24/2022 $65.52
42-16136-0022422 02/24/2022 $475.99
42-16407-0022422 02/24/2022 $64.40
34-18508-0022422 02/24/2022 $35.46
42-14431-0022422 02/24/2022 $734.81
42-17688-0022422 02/24/2022 $96.30
42-18238-0022422 02/24/2022 $64.40
1000 - General Fund $6,207.35
1311 - Wharf Fund $475.99
100175 03/18/2022 $4,059.39
Invoice Date Amount
671872497 03/02/2022 $63.34
671953040 03/03/2022 $1,033.46
672227931 03/04/2022 $2,460.54
672515954 03/07/2022 $235.44
672689098 03/07/2022 $266.61
City Hall sanitation district charges
SANTA CRUZ COUNTY TAX COLLECTOR
Description
SANTA CRUZ COUNTY TAX COLLECTOR
Description
Cortez Park irrigation
426 Capitola Ave irrigation
2005 Wharf Road irrigation
Wharf sanitation district charges
SOQUEL CREEK WATER DISTRICT
Description
Esplanade sanitation district charges
SANTA CRUZ COUNTY TAX COLLECTOR
Description
Monterey Ave. Nobel Gulch Park irrigation
Wharf Road irrigation
1400 Wharf Road irrigation
Capitola Road irrigation
Jade Street park irrigation
41st Avenue irrigation
Lawn Way irrigation
Esplanade fountain irrigation
Cliff Drive irrigation
Description
Oil absorbent pads
Bathroom supplies
Lawn Way irrigation
Capitola Road irrigation
THE HOME DEPOT PRO
Bay Ave. irrigation
1510 McGregor Drive water service
Monterey Ave irrigation
Janitorial supplies
Bathroom supplies
Bath tissue
Pages: 4 of 6
40 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 18, 2022
100176 03/18/2022 $670.50
Invoice Date Amount
UPEC031122 03/11/2022 $670.50
1001 - Payroll
100177 03/18/2022 $12.53
Invoice Date Amount
0000954791112 03/12/2022 $12.53
100178 03/18/2022 $103.57
Invoice Date Amount
466758448 03/03/2022 $103.57
100179 03/18/2022 $26.06
Invoice Date Amount
466758521 03/03/2022 $26.06
100180 03/18/2022 $288.83
Invoice Date Amount
466758646 03/03/2022 $288.83
100181 03/18/2022 $312.50
Invoice Date Amount
PARS031122 03/11/2022 $312.50
1001 - Payroll
100182 03/18/2022 $7,418.50
Invoice Date Amount
WF030322 03/03/2022 $7,418.50
1000 - General Fund $6,561.34
2211 - IT Fund $857.16
Purchases over $500:
Hyatt Regency - $913.36 Chief's conference
FBINAACC - $569.25 FBI conference
Indeed - $501.19 Recruitment
Indeed - $500.04 Recruitment
Ben Davis - $513.48 Uniform pants
PDNC - $666.27 Office 365 backup, MS Azure, network admin. 100183 03/18/2022 $186.30
Invoice Date Amount
AC031622 03/16/2022 $186.30
UPS
Description
PD shipping
UPEC LIUNA LOCAL 792
Description
March UPEC dues
US BANK EQUIPMENT FINANCE
Description
PD copier lease
US BANK EQUIPMENT FINANCE
Description
Recreation copier lease
US BANK EQUIPMENT FINANCE
Description
Recreation copier lease
Ann Colman
Description
Class refund
WELLS FARGO BANK
Description
February credit card charges
US BANK PARS Acct 6746022400
Description
PARS contributions PPE 3/5/22
Pages: 5 of 6
41 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 18, 2022
100184 03/18/2022 $126.90
Invoice Date Amount
2005573.002 03/01/2022 $126.90
100185 03/18/2022 $15.00
Invoice Date Amount
2005575.002 03/07/2022 $15.00
100186 03/18/2022 $43.50
Invoice Date Amount
2005574.002 03/01/2022 $43.50
$98,988.56
1293 03/14/2022 $55,799.71
Invoice Date Amount
1002065329-32 03/11/2022 $55,799.71
1001 - Payroll
1294 03/14/2022 $8,356.95
Invoice Date Amount
1-314-691-680 03/11/2022 $8,356.95
1001 - Payroll
1295 03/14/2022 $28,625.92
Invoice Date Amount
52164837 03/11/2022 $28,625.92
1001 - Payroll
1296 03/14/2022 $1,575.68
Invoice Date Amount
39053611 03/11/2022 $1,575.68
1001 - Payroll
1297 03/14/2022 $8,617.20
Invoice Date Amount
VOYA031122 03/11/2022 $8,617.20
1001 - Payroll
$102,975.46
Main City Totals Count Total
Checks 43 $98,988.56
EFTs 5 $102,975.46
All 48 $201,964.02
Rita Wadsworth
Description
Class refund
Michelle Chao
Description
Tennis class refund
Marlene Hagopian
Description
Class refund
Description
State taxes PPE 3/5/22
INTERNAL REVENUE SERVICE
Description
PERS contributions PPE 3/5/22
EMPLOYMENT DEVELOPMENT DEPARTMENT
Check Totals:
EFT
CalPERS Member Services Division
Description
Employee 457 contributions PPE 3/5/22
EFT Totals:
Description
Employee garnishments PPE 3/5/22
VOYA FINANCIAL
Description
Federal taxes & Medicare PPE 3/5/22
STATE DISBURSEMENT UNIT
Pages: 6 of 6
42 Item 8 B.
43 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100187 03/25/2022 $1,868.76
Invoice Date Amount
1LW3-DVL7-QP3Q 03/17/2022 $21.79
1PPH-639N-6PHJ 02/17/2022 $1,746.71
1KJJ-R7PL-TXTF 03/20/2022 $30.51
179J-C91R-M9QN 03/22/2022 $69.75
1000 - General Fund $52.30
1300 - SLESF $1,746.71
2211 - IT Fund $69.75
100188 03/25/2022 $40.00
Invoice Date Amount
21682 03/22/2022 $40.00
1311 - Wharf Fund
100189 03/25/2022 $54.25
Invoice Date Amount
18387093 03/17/2022 $54.25
100190 03/25/2022 $2,163.13
Invoice Date Amount
9317 03/01/2022 $779.22
9312 03/01/2022 $334.08
9144 12/31/2021 $292.64
9313 03/01/2022 $129.52
9314 03/01/2022 $339.17
9310 03/01/2022 $66.00
9309 03/01/2022 $28.50
9308 03/01/2022 $40.00
9307 03/01/2022 $62.00
9306 03/01/2022 $80.00
9305 03/01/2022 $12.00
100191 03/25/2022 $12,481.48
Invoice Date Amount
223094 03/15/2022 $12,481.48
100192 03/25/2022 $1,700.00
Invoice Date Amount
13600 03/10/2022 $850.00
13601 03/10/2022 $850.00
iPad keyboard case
AUTOMATION TEST ASSOCIATES
Description
Valve spring installation tool
Microsoft Surface laptop, Surface Slim Pen 2
HEPA filter
AMAZON CAPITAL SERVICES
Description
City of Capitola
City Checks Issued March 25, 2022
Uniform patches
Shirt, pants, duty belts, embroidery
Pants, shirt, tailoring
Museum digital capture
CALIFORNIA COAST UNIFORM COMPANY
Description
March wharf meter reading
BAY PHOTO LAB
Description
Tailoring
Tailoring
CIVICPLUS LLC
Tailoring
Tailoring
Tailoring
Dress shirt, tailoring charges
Shirts, tailoring
Tailoring
Description
Patrol vehicle graphics installed
Patrol vehicle graphic install
Description
Recreation software, training, support
EMERGENCY VEHICLE SPECIALISTS INC.
Pages: 1 of 8
44 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
100193 03/25/2022 $3,116.89
Invoice Date Amount
1280731 02/11/2022 $3,116.89
1000 - General Fund $430.88
1001 - Payroll $2,686.01
100194 03/25/2022 $21.93
Invoice Date Amount
16249842 03/11/2022 $21.93
100195 03/25/2022 $250.83
Invoice Date Amount
673233 03/15/2022 $250.83
100196 03/25/2022 $2,745.65
Invoice Date Amount
22-490997 03/18/2022 $2,745.65
100197 03/25/2022 $20.87
Invoice Date Amount
20519439 02/28/2022 $20.87
100198 03/25/2022 $455.40
Invoice Date Amount
0076480-IN 02/22/2022 $455.40
100199 03/25/2022 $1,230.00
Invoice Date Amount
22-070 03/19/2022 $1,230.00
100200 03/25/2022 $1,200.00
Invoice Date Amount
SIN015394 03/15/2022 $600.00
SIN015374 03/15/2022 $600.00
100201 03/25/2022 $188.47
Invoice Date Amount
3341196 03/15/2022 $188.47
100202 03/25/2022 $37.50
Invoice Date Amount
INV-037708 03/15/2022 $37.50
EQUITABLE
Description
March LTD, STD, AD&D, life insurance
FLYERS ENERGY LLC
Description
430 gallons gasoline
FIRST ALARM
Description
April - June evidence room intrusion system
EWING IRRIGATION
Description
Esplanade irrigation supplies
GUARDIAN BACKGROUND INVESTIGATIONS
Description
Non-sworn employee background investigation
GOLDSTAR PRODUCTS INC.
Description
Concentrated weed spray
GARDAWORLD
Description
Excess premise time
Sakrete, bucket, utility knife, cutoff discs, hammer, socket set
HUMBOLDT PETROLEUM LLC
Description
District sales tax auditing services
HOME DEPOT CREDIT SERVICES
Description
HINDERLITER DELLAMAS AND ASSOCIATES
Description
District sales tax auditing services
March car washes
Pages: 2 of 8
45 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
100203 03/25/2022 $413.66
Invoice Date Amount
JM031622 03/16/2022 $413.66
100204 03/25/2022 $143.49
Invoice Date Amount
KH022322 02/23/2022 $143.49
100205 03/25/2022 $400.00
Invoice Date Amount
000V-02282022 03/17/2022 $400.00
100206 03/25/2022 $305.69
Invoice Date Amount
55Y1259131 03/16/2022 $305.69
2211 - IT Fund
100207 03/25/2022 $178.87
Invoice Date Amount
A0321107 03/22/2022 $178.87
1311 - Wharf Fund
100208 03/25/2022 $720.53
Invoice Date Amount
LL022822 02/28/2022 $720.53
100209 03/25/2022 $273.10
Invoice Date Amount
MC022822 02/28/2022 $273.10
100210 03/25/2022 $823.50
Invoice Date Amount
421245 03/18/2022 $823.50
100211 03/25/2022 $3.00
Invoice Date Amount
M-1649307 03/14/2022 ($217.73)
M-1647030 03/11/2022 $96.57
M-1653676 03/16/2022 $108.42
M-1649636 03/14/2022 $15.74
Business lunch reimbursements
KATHY D'ANGELO
Description
Instructor payment
KATHLEEN HERLIHY
Description
JEANI MITCHELL
Description
Wharf dock paint
LUXLAUNDER
Description
City Hall copier usage charges
KING'S PAINT AND PAPER INC.
Description
Museum new exhibit footage & DVD
KBA Document Solutions LLC
Description
PD copier usage charges
MID COUNTY AUTO SUPPLY
Description
February uniform cleaning
MBS BUSINESS SYSTEMS
Description
February uniform cleaning
MASTER CLEANERS
Description
Dexcool
Returned upper manifold, wear pads
2012 Ford F250 tensioner
Foam finish pads, rust stopper, foam cutting pad
Pages: 3 of 8
46 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
100212 03/25/2022 $332.31
Invoice Date Amount
516104473 12/15/2021 $107.31
516261192 01/10/2022 $75.00
516510035 02/21/2022 $75.00
516679885 03/21/2022 $75.00
100213 03/25/2022 $1,202.00
Invoice Date Amount
177101 11/30/2021 $1,202.00
100214 03/25/2022 $261.95
Invoice Date Amount
284578 03/11/2022 $261.95
100215 03/25/2022 $265.44
Invoice Date Amount
2763-267525 03/09/2022 $180.71
2763-268599 03/14/2022 $15.61
2763-268766 03/15/2022 $69.12
100216 03/25/2022 $289.25
Invoice Date Amount
F02500 03/14/2022 $116.63
E96458 03/03/2022 $66.94
F02690 03/14/2022 $58.84
F03033 03/15/2022 $46.84
100217 03/25/2022 $19,557.36
Invoice Date Amount
PGE031622-acct9 03/16/2022 $15,359.59
PGE031522-acct5 03/15/2022 $1,248.26
PGE031722-acct7 03/17/2022 $2,949.51
1000 - General Fund $10,105.12
1300 - SLESF $124.29
1310 - Gas Tax $6,843.28
1311 - Wharf Fund $2,484.67
100218 03/25/2022 $51.86
Invoice Date Amount
639527-0 03/17/2022 $26.92
639776-0 03/21/2022 $24.94
2210 - Stores Fund
Corp. yard uniform cleaning
Recreation mats, mops, towels
Recreation mats, mops, towels
MISSION LINEN SUPPLY
Description
Gaskets, crankshaft seal assembly, water pump, cylinder cover
O'REILLY AUTO PARTS
Description
Member dues
NORTH BAY FORD
Description
Recreation towels, mops, mats
NATIONAL LEAGUE OF CITIES
Description
Graffiti paint
Saw blades
Lawnmower blades, gloves
OUTDOOR SUPPLY HARDWARE
Description
Tie downs, sockets, bulk fasteners, storage bin
Starter, core charge
Radiator cap
Coolant hose
Description
Water cups
Paper
Pacific Cove parking lot utilities
Library gas & electricity
PALACE BUSINESS SOLUTIONS
PACIFIC GAS & ELECTRIC
Description
March gas & electricity
Pages: 4 of 8
47 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
100219 03/25/2022 $17,848.50
Invoice Date Amount
2202-080 03/11/2022 $17,848.50
1308 - SB1 $8,924.25
1309 - RTC $8,924.25
100220 03/25/2022 $422.87
Invoice Date Amount
2615321 03/12/2022 $422.87
100221 03/25/2022 $6,917.48
Invoice Date Amount
022022070 03/16/2022 $6,917.48
100222 03/25/2022 $113.80
Invoice Date Amount
55-0712384 03/14/2022 $113.80
1311 - Wharf Fund
100223 03/25/2022 $186.24
Invoice Date Amount
2057394-3 03/21/2022 $186.24
100224 03/25/2022 $172.88
Invoice Date Amount
SCMU022822 02/28/2022 $172.88
100225 03/25/2022 $106,813.85
Invoice Date Amount
SCR031522-2 03/15/2022 $31,680.50
SCR031522 03/15/2022 $75,133.35
100226 03/25/2022 $261.63
Invoice Date Amount
1679 03/09/2022 $261.63
100227 03/25/2022 $1,815.00
Invoice Date Amount
06-14476-0030722 03/07/2022 $121.60
08-15299-0031122 03/11/2022 $155.17
08-15562-0031122 03/11/2022 $48.01
09-15964-0031122 03/11/2022 $1,490.22
PHOENIX GROUP INFORMATION SYSTEMS
Description
February citation processing
PET PALS DISCOUNT PET SUPPLIES
Description
K-9 supplies
PAVEMENT ENGINEERING INC.
Description
Pavement management system update
SANTA CRUZ MUNICIPAL UTILITIES
Description
February water service for medians
SANTA CRUZ COUNTY TAX COLLECTOR
Description
Library sanitation district charges
SAN LORENZO LUMBER
Description
Wharf deck screws
Biohazard vehicle cleaning #162
SOQUEL CREEK WATER DISTRICT
Description
Fourth quarter operating contribution
SERVPRO OF SANTA CRUZ
Description
SANTA CRUZ REGIONAL 911
Description
Second half capital/debt service payment
Monterey Ave. Esplanade water
430 Kennedy Drive water service
Monterey Ave. water
Cliff and Fairview water service
Pages: 5 of 8
48 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
100228 03/25/2022 $128.46
Invoice Date Amount
8065536790 03/12/2022 $72.02
8065460179 03/05/2022 $56.44
100229 03/25/2022 $297.17
Invoice Date Amount
127382 03/15/2022 $297.17
100230 03/25/2022 $43.02
Invoice Date Amount
4494130 03/22/2022 $43.02
100231 03/25/2022 $2,033.00
Invoice Date Amount
673033130 03/09/2022 $38.55
674005764 03/14/2022 $176.47
674264767 03/15/2022 $1,526.34
674616289 03/17/2022 $256.52
674795414 03/17/2022 $35.12
100232 03/25/2022 $265.00
Invoice Date Amount
USPS032022 03/20/2022 $265.00
2210 - Stores Fund
100233 03/25/2022 $14.15
Invoice Date Amount
0000954791122 03/19/2022 $14.15
100234 03/25/2022 $274.60
Invoice Date Amount
2535129 02/28/2022 $274.60
100235 03/25/2022 $24.80
Invoice Date Amount
104900 03/17/2022 $24.80
100236 03/25/2022 $139.60
Invoice Date Amount
14681148 03/01/2022 $69.80
14681149 03/01/2022 $69.80
Office supplies
Forks & spoons
STATE STEEL COMPANY
STAPLES ADVANTAGE
Description
Description
Public restroom supplies
Nitrile gloves
Description
Bank deposit slip book
THE HOME DEPOT PRO
Description
Loader steel
SUPERIOR PRESS
UPS
Description
PD shipping, missing PLD fee
UNITED STATES POSTAL SERVICE
Description
Permit #7013 fee
Public restroom supplies
Public restroom supplies
Public restroom supplies
WESTERN EXTERMINATOR COMPANY
Description
March City Hall rodent control
WATSONVILLE BLUEPRINT
Description
Sidewalk map
VITAL RECORDS HOLDING LLC
Description
February record strorage
March turnouts rodent control
Pages: 6 of 8
49 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
100237 03/25/2022 $70.00
Invoice Date Amount
2005577.002 03/14/2022 $70.00
100238 03/25/2022 $30.00
Invoice Date Amount
DS032122 03/22/2022 $30.00
100239 03/25/2022 $96.00
Invoice Date Amount
500125816 03/17/2022 $96.00
100240 03/25/2022 $37.00
Invoice Date Amount
GH031822 03/18/2022 $37.00
100241 03/25/2022 $141.00
Invoice Date Amount
2005578.002 03/18/2022 $141.00
100242 03/25/2022 $476.00
Invoice Date Amount
500124843 02/24/2022 $476.00
100243 03/25/2022 $96.00
Invoice Date Amount
700123835 03/17/2022 $96.00
100244 03/25/2022 $69.00
Invoice Date Amount
2005579.002 03/21/2022 $69.00
100245 03/25/2022 $102.00
Invoice Date Amount
2005576.002 03/14/2022 $102.00
100246 03/25/2022 $24,497.36
Invoice Date Amount
74536 03/24/2022 $24,497.36
$216,183.58
Sound permit refund (event canceled)
Dosya Conley
Description
Balance refund
Donna Starr
Description
Carol Lemon
Description
Water color class refund
Jennifer Anderson
Description
Class refund
Hanna Schultz
Description
Citation refund
Gail Huff
Description
Balance refund
Steve Goud
Description
Citation refund
Sharyn Sears
Description
Citation refund
Naveen Nimmu
Description
Security bollards (25)
Check Totals:
Facility rental deposit refund
ATKORE INTERNATIONAL INC.
Description
Pages: 7 of 8
50 Item 8 B.
Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued March 25, 2022
1298 03/25/2022 $135.00
Invoice Date Amount
0001485108-IN 02/28/2022 $135.00
$135.00
Main City Totals Count Total
Checks 60 $216,183.58
EFTs 1 $135.00
All 61 $216,318.58
Payroll Totals
Checks 0 $0.00
EFTs 91 $166,737.99
All 91 $166,737.99
Grand Totals:
Checks 60 $216,183.58
EFTs 92 $166,872.99
All 152 $383,056.57
EFT Totals:
WEX HEALTH INC.
Description
February COBRA and FSA admin.
EFT
Pages: 8 of 8
51 Item 8 B.
Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: City Manager Department
Subject: Receive Update on Pandemic Response and Consider Adopting Proposed Resolution Allowing for the Continuation of Teleconferencing
Recommended Action: 1) Make the determination that all hazards related to the worldwide spread of the coronavirus (COVID-19) as detailed in Resolution No. 4168 adopted by the City Council on March 12, 2020, still exist and there is a need to continue action; and 2) Adopt the proposed resolution authorizing the City Council (along with the Planning Commission and all advisory bodies) to continue to conduct teleconferencing meetings.
Background: In December 2019, an outbreak of a respiratory illness linked to the novel coronavirus (COVID-19) was first identified. In March 2020, the State of California, the County of Santa Cruz, and the City of Capitola each declared a state of emergency due to the virus. Also in March 2020, the World Health Organization declared COVID-19 a pandemic.
State and local health officers issued health orders to stop the spread of COVID-19; in Santa Cruz County this included March, April, and May 2020 Shelter-In-Place orders that were more restrictive than statewide guidance. Since then, the County Health Officer has incorporated all Orders of the State Public Health Officer, which set baseline statewide restrictions on travel and business activities.
As of April 8, 2022, more than 6.1 million people worldwide have died of COVID-19. This is likely an undercount of all those that have died from the virus. There have been 496 million cases reported worldwide. At least 5.2 million children have lost a parent or caretaker due to the virus.
Since the beginning of the pandemic in the United States more than 981,112 people have died from the virus and more than 80 million COVID-19 cases have been reported. According to November 2021 reports, one in 500 children in the U.S. has lost a parent or caregiver to COVID.
Discussion: Since the beginning of the pandemic in California, 89,240 deaths due to COVID-19 have been reported; there is currently a daily average of 57 deaths a day, down from 95 twoweeks ago. According to data from April 4, 2022, the average new COVID-19 case count per 100k was 5.2 (down from 6.5 on March 8). In California, at least 1 in 4 residents have been infected with COVID-19.
Omicron BA.2 & Surge in Cases
The Omicron variant of SARS-CoV-2 (COVID) is comprised of several lineages and sub-lineages.
The three most common lineages of Omicron currently are BA.1, BA.1.1, and BA.2. The Omicron variant spreads more easily than the earlier variants of the virus, including the Delta variant. It is Omicron BA.2 that seems to be causing a steady rise in cases once again, first seen in the U.K. and now reflected in the U.S. primarily on the east coast in more than a dozen states.
According to reports from NBC News on April 6, the BA.2 subvariant is now 72 percent of new COVID cases in the United States.
52 Item 8 C.
According to a New York Times April 7 report, where cases are rising, like in New York City where the positivity rate is above 6 percent in some neighborhoods, Omicron BA.2 “has yet to produce a rise in hospitalizations, and deaths remain low.”
On April 8, the New York Times reported that cases are spiking in New York City and Washington, DC, where cases have doubled and risen to 60 percent (respectively) in recent weeks. The report states that “Across the United States, caseloads have stopped falling, and have started to rise in states including Alaska, Vermont, Colorado, Rhode Island and New York. Experts have been warning that another surge was coming since the recent surge in Europe, where past virus waves have been a harbinger of what was to come in the United States”.
Boosters
On March 29, 2022, the Center for Disease Control (CDC) announced a recommendation that certain individuals (outlined below) receive an additional mRNA booster (a Moderna or Pziser shot). Those recommended for an additional booster are:
1) Immunocompromised individuals
2) People over the age of 50 who received an initial booster dose at least 4 months ago 3) Adults who received a primary vaccine and booster dose of Johnson & Johnson’s Janssen COVID-19 vaccine at least 4 months ago
Masks
The California Department of Public Health updated its guidance on facial coverings in February.
Everyone is required to wear masks in:
• Public transit and in stations, terminals, and airports • Healthcare settings
• Emergency shelters and cooling and heating centers
• State and local correctional facilities and detention centers • Homeless shelters
• Long-term care settings and adult and senior care facilities Masks are strongly recommended for everyone in:
• Indoor public settings (now including K-12 schools and daycare, since March 12) • Retail
• Restaurants
• Theaters
• Family entertainment centers
• Meetings
• State and local government offices that serve the public The U.S. Government is giving out free N95 masks to those that need them. Each person is eligible for three masks, and masks will be available at community health centers, pharmacies, and other stores. Locally, Walgreens and CVS are currently distribution points.
At-home tests are now more readily available at many drug stores. Four free rapid antigen athome tests are also available for all residents, provided by the federal government. Shipments are limited per household, and you can sign up for your free delivery through the United States Postal Service with this link: https://special.usps.com/testkits. Tests are generally delivered within a week-and-a-half of ordering.
Local Case Numbers and Statistics in Santa Cruz County
On March 3, the total known case count was at 46,601 with 1,433 active cases. Now according to data from April 6, in Santa Cruz County the total known case count is 47,914 with 431 active 53 Item 8 C.
cases, and an average case count per 100k of 9.1, a slight rise from 7.3 which reported earlier this week (two weeks ago the average case count per 100k was 13.8).
In our County the total death count due to COVID-19 is 259.
City Hall Operations
City Hall has been open to the public since June 2020 in one configuration or another, dependent upon applicable health guidance and local COVID-19 case levels. Staff has returned to the COVID-default setup, with the lobby open to one member of the public at a time.
Virtual/Teleconferencing Meetings & In-Person Meetings
The Governor signed Assembly Bill 361 on September 16, 2021. The Bill allows cities to continue virtual meetings (much as Capitola City Council Meetings function now) as long as the state is under a proclaimed state of emergency; through 2024 when the bill will sunset. The Bill requires legislative bodies to comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate and observe local government meetings.
One of the requirements is for Council to adopt findings every thirty days.
Attached is a resolution that makes the following findings:
1) Find that current conditions authorize teleconference public meetings, based on the Governor’s state of emergency regarding the COVID-19 Pandemic 2) Authorize legislative bodies to conduct teleconference meetings, allowing Capitola City Council, Planning Commission, and other advisory bodies to continue to meet using Zoom.
After feedback provided by Council during the March 24, 2022, meeting, staff is in the process of acquiring, installing, and testing the necessary equipment to allow for “hybrid” Council meetings (with both virtual and in-person attendance). Depending on changes in the pandemic, Council and staff will discuss conducting meetings in this manner beginning in summer. When Council does return for hybrid meetings, the public will be notified in advance that in-person attendance is welcome with information on the published meeting agenda as well as on the City website.
Fiscal Impact: Fiscal impacts are continually reviewed by Staff as business restrictions and consumer behaviors change in our community. In addition, the City Council has set aside $600,000 to help ensure the City has available resources should the pandemic result in further unforeseen impacts, which remains in the approved FY 2021/22 Budget.
Attachments:
1. Proposed Teleconferencing resolution
Report Prepared By: Chloé Woodmansee, City Clerk
Approved By: Jamie Goldstein, City Manager
54 Item 8 C.
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AND ON BEHALF
OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY
PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 12, 2020, the Capitola City Council proclaimed the existence of a local emergency due to the worldwide spread of the coronavirus with Resolution No. 4168, pursuant to Section 8.08.020 of the Capitola Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings; and
WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and
WHEREAS, the Delta Variant has caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the City; and WHEREAS, on October 14, November 23, and December 9, 2021, January 13, February 10, and February 27, March 10, and March 24, 2022, the City Council adopted a resolution proclaiming the need to meet by teleconference pursuant to Government Code Section 54953; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use 55 Item 8 C.
teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola that the City Council does hereby:
1. Recitals. The Recitals set forth above are true and correct and are hereby incorporated by this reference.
2. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. The City Council has reconsidered the circumstances of the state of emergency and finds that based on the California Governor’s continued declaration of a State of Emergency and current conditions, meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
I HEREBY CERTIFY that the foregoing resolution was PASSED and ADOPTED by the City Council of the City of Capitola on the 14th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Sam Storey, Mayor
ATTEST: __________________
Chloé Woodmansee, City Clerk
56 Item 8 C.
Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: City Manager Department
Subject: Report on Community Grant Program Review
Recommended Action: Receive report and provide direction.
Background: The City of Capitola, with the Community Grant Program (CGP), awarded more than $150,000 to 24 different agencies in Fiscal Year 2021-22. In addition, the City has received a Community Development Block Grant of over $450,000 that will be used to support agencies that provide food assistance and low income transportation over the next three years.
In 2019, the City issued a Request for Proposals (RFP) to review and recommend process improvements to the City’s Community Grant Program. Optimal Solutions Consulting (OSC) was awarded the contract and reported back to the City Council on February 13, 2020. The City Council adopted the plan with the goal of making incremental changes to the program.
Unfortunately, due to the rise of COVID-19 in March 2020 and uncertainty of the pandemic’s fiscal impacts, City Council did not initially fund the Community Grant Program in Fiscal Year 2020-21.
During that mid-year budget review, Council funded the CGP at lower level than in the past. In the Fiscal Year 2021-22 budget, City Council included funding for OSC to move forward with Phase 2 of the Community Grant Program review.
Discussion: As part of the Community Grants Program review, OSC created a Capitola Community Profile and interviewed stakeholders, including Council Members.
The attached Capitola Community Profile was created in response to the desire to have Capitolaspecific data to use when making decisions and assessing the needs of the community when considering grant awards.
OSC used the questions in Attachment 2 to better understand how Council Members would like the program to move forward. In addition to the City Council interviews, OSC spoke with community-based organizations to better understand how the program works for them.
OSC developed recommendations for the City Council to consider, including:
Identify 3-4 priority areas: informed by data about overall needs and specific populations, aligned with City goals and commitments, organized by CORE Conditions for Health & Well-being
Allocate an equal percentage of CGP funds across selected priority areas unless/until a more thorough community-centered prioritization process is conducted Consider multi-year grants that align with other local funding cycles to increase stability, enhance leveraging potential, and reduce workload for grantees and staff Consider using GuideStar profiles and Candid's Seals of Transparency as the program application, supplemented with some additional, Capitola-specific information 57 Item 9 A.
Establish 2-3 types of Community Grants, with varying award amounts and expectations that are proportionate to the amount of funding requested Staff requests feedback and guidance from Council regarding the recommendations and the future of the Community Grant Program. Regardless of the recommendations Council chooses to address, current staffing at the City does not have expertise in administering and assessing completive grant programs.
Fiscal Impact: To be determined.
Attachments:
1. Capitola Community Profile
2. Questions for City Council Members
Report Prepared By: Larry Laurent, Assistant to the City Manager Reviewed By: Chloé Woodmansee, City Clerk
Approved By: Jamie Goldstein, City Manager
58 Item 9 A.
City of Capitola
Community ProfileA Snapshot of Community Health & Well-beingPrepared for Capitola’s Community Grants Program Review, Phase 2 March 2022Nicole Young, Optimal Solutions ConsultingNicole Lezin, Cole Communications 59 Item 9 A.
Under 5 years 5-17 years 18-24 years 25-64 years 65+ years Age3Nearly one in five residents of Capitola is a child or youth under the age of 18, and one in four residents is an older adult, age 65 or older.Capitola has the highest percentage of older adults in the county – two times higher than the City of Santa Cruz (12%) and the City of Watsonville (10%).Capitola 5% 13% 8% 50% 24%County of Santa Cruz 5% 14% 15% 50% 16% Santa Cruz (City) 3% 10% 31% 44% 12%
Scotts Valley 5% 15% 12% 51% 17%
Watsonville 10% 21% 11% 48% 10% City/County Population
Capitola 9,938Scotts Valley 12,224Watsonville 52,590Santa Cruz (City) 62,956County of Santa Cruz 270,861 Race, Ethnicity & Language4
of Capitola residents were born in a 12% country outside of the United States Capitola’s population is primarily White, but there is growing diversity among city residents. 19% of Capitola residents ages 5 years and older speak Spanish at home.
Population Size1Who Lives in Capitola?
65%White
25%Hispanic or Latino
7%2 or more races
4%Asian
.7%American Indian or Alaska Native
.6%Black or African American
.1%Native Hawaiian or Pacific Islander
56%
44% Female
Male
Gender2More city residents identify as female than male 2 60
Item 9 A.
A Framework for Understanding Community Health & Well-being in the City of Capitola
The Collective of Results and Evidence-based (CORE) Investments is a funding model and a movement to achieve equitable health and well-being in Santa Cruz County, using a results-based, collective impact approach that is responsive to community needs.
Several local funders, service providers, collaboratives, and initiatives are aligning their efforts in support of the CORE vision of an equitable, thriving, resilient community where everyone shares responsibility for ensuring the health and well-being of all people, at every stage of life.
These partners recognize that fulfilling the CORE vision requires investing in programs, practices, policies, and transformational systems changes that create equitable opportunities to experience eight vital, interconnected CORE Conditions for Health & Well-being across the life span, throughout the community.
CORE Conditions for Health & Well-being
The data in the remainder of this Community Profile offer a “snapshot” of aspects of health and well-being in the City of Capitola that could potentially be influenced or impacted by the City’s Community Grants Program, as well as other City resources. The data are organized by the CORE Conditions and represent a subset of communitylevel indicators of health and well-being. The data included in this Profile either highlight community strengths and positive trends to build on, community challenges and concerning trends to explore and address, and/or differences in opportunities or wellbeing that appear to be related to race, ethnicity, age, income, or other “dimensions of equity.” Data were included in this Community Profile if they were available for Capitola based on Census Place, Zip Code, or Census Tract (i.e., not all community-level data are available by geographic area of the county). Data sources are provided on the last page of this Profile.A complete set of Community Impact statements and Community Indicators for each CORE Condition can be found in the CORE Results Menu, one of several CORE tools embedded in the web-based DataShare Santa Cruz County platform. 3 61
Item 9 A.
CORE Condition: Health & Wellness
All community members experience optimal physical, mental, social-emotional, behavioral, and spiritual health across the life span of Capitola residents have some type of disability. This is the highest percentage in the county and higher than the statewide rate (11%).7 17%
of older adults (ages 65+) in Capitola have a disability. This is higher than the state (35%) and county (29%) rates.8 40%
CORE Condition: Lifelong Learning & EducationHigh-quality education and learning opportunities from birth to end of life Babies in Capitola are born with an average of 10.1 out of 12 “family assets” that promote resilience, such as a healthy birthweight, timely prenatal care, parental education level, and parents’ ability to afford and access health care.6This is higher than the statewide and countywide Strong Start score of 9.4.
Many babies in Capitola are getting a strong start in life. of people in the 95010 zip code are fully vaccinated against COVID-19. This is the 3rdhighest rate among all zip codes in the county, exceeded only by 95041 (Mt. Hermon) and 95007 (Brookdale), both at 100%.9 89%
There is not enough child care available in the 95010 zip code, particularly for infants and toddlersin families who are eligible for subsidized care. 11 93%
Unmet need for infant
& toddler care (0-35
months) in 2018
42%
Unmet need for
preschool (3-5 years
old) in 2018
of Capitola residents age 25+ years have a Bachelor’s degree or higher. This is the 2nd lowest percentage in the county. 34% 16 of Capitola residents age 25+ years have a High School degree or higher. This is higher than the statewide and countywide percentages. 92% 15 Prior to COVID, one out of five adults in Capitola reported having ever been diagnosed with depression… $5,742
$10,090
$10,809
$12,045
$13,104
Infant/Toddler - Center $17,160PreK - CenterI/T - FCCHPreK - FCCHUCsCSUs The cost of child care varies based on the age of the child and whether it’s in a Center or Family Child Care Home (FCCH). In many cases, the average annual cost is more than the annual tuition at Cal State Universities (CSUs) and UCs. 12, 13, 14 4 …and one out of three 7thgraders at New Brighton Middle School (who completed the CA Healthy Kids Survey) reported having depression-related feelings.10 62 Item 9 A.
CORE Condition: Economic Security and Social Mobility
Stable employment, livable wages, food security, ability to afford basic needs, wealth accumulation, and prosperityCORE Condition: Thriving FamiliesSafe, nurturing relationships and environments that promote optimal health and well-being of all family members across generations $108,289
$82,234
$77,921
$71,059
$55,470
Scotts Valley
Santa Cruz County
Santa Cruz (City)
Capitola
Watsonville
CA Median Income: $75,235
The median household income in Capitola is lower
than the statewide and countywide median income. 17
The December 2021 rate of 1.2%is
down from a high of 4.1 in April 2020 and is the lowest rate in the county. 18 Of the four cities, Capitola has the highest percentage of children living in families with low incomes in the county. 28%
There is a moderate level of food insecurity in the 95010 zip code compared to other zip codes in the county, according to the Food Insecurity Index (FSI). 20 Zip Code FSI95019 (Freedom) 78.095076 (Watsonville) 42.895010 (Capitola) 18.795060 (Santa Cruz) 15.795064 (Santa Cruz) 4.395066 (Scotts Valley) 2.8 The unemployment rate in Capitola is returning to
pre-pandemic levels.
of children and youth under age 18 in Capitola live in families with incomes below the Federal Poverty Level. Watsonville has the next highest rate (21.3%). 19 33% of older adults in Capitola live alone. 22
While some older adults may enjoy living alone, others might experience loneliness and increased risk for falls or other health issues that may go undetected. 21% of households in Capitola have single parents.21
While being a single parent does not automatically increase the risk for hardship in a family, it can be stressful for single parents to juggle the responsibilities of raising children, earning a living, and running a household, unless there’s a strong support network in place. 56 AARP Livability Index for Capitola, out of a possible score of 100, based on factors such as: 23 Access to grocery stores, farmers’ markets within 1/2 mileAccess to parks within 1/2 mileEstimated walk trips per household per day Access to libraries within 1/2 mileCultural, arts, and entertainment institutions per 10k peopleAge-group diversity compared to the national population Near-roadway pollutionHousing cost burdenSocial involvement index (county) Top third of neighborhoods across the country Middle third of neighborhoods Bottom third of neighborhoods 5 63 Item 9 A.
CORE Condition: Community Connectedness
A sense of belonging, diverse and inclusive neighborhoods and institutions, vibrant arts and cultural life, and civic engagementCORE Condition: Healthy EnvironmentsClean, safe, sustainable natural environment and a built environment and infrastructure that support health and well-being
23.5 24.6
26.3 27.7
28.3 29.8
Santa Cruz (City)
Capitola
Watsonville
Santa Cruz County
Scotts Valley
California
85 On average, Capitola is ranked as Very Walkable by Walk Score, meaning most errands can be accomplished on foot.27 The average commute times to work (in minutes) for Capitola residents are lower, compared to most other areas of the county and the statewide average.26 100% of Capitola residents live within a
half-mile of a park, considerably higher than the countywide percentage (86%).28 Parks contribute to health and well-being by providing opportunities to exercise, gather outdoors, or enjoy nature.
While the Walk Score can vary by specific neighborhood in the city, Capitola’s Walk Score is the highest of all jurisdictions. 51 63 69
Scotts Valley Santa Cruz
(city)
Watsonville
72% of Capitola
residents are registered to vote. This is higher than the countywide average of 63%. 25 of 7th graders at New Brighton Middle School* reported high levels of school supports, an indicator of Community Connectedness among youth—e.g., they have caring relationships with adults at school, have high expectations from adults at school, and have opportunities for meaningful participation at school. 24 This was the second highest percentage among all school districts, but the percentage has decreased in recent years. 33%(2017-19)
Students who identified as Hispanic/Latino; Multiracial; Gay, Lesbian, or Bisexual; or Not sure of their sexual orientation were less likely to report having high levels of school supports, compared to students who identified as White or Straight.
* These data are not exclusive to Capitola, as not all students who attend New Brighton live in Capitola, and some Capitola youth may attend other schools High Levels of School Supports 2017-19 2015-17 2013-15All 7th graders 33% 43% 39% Hispanic/Latino 30% 37% 32%Multiracial 24% 43% 21%Gay/Lesbian/Bisexual 18% Data suppressed (fewer than 10 respondents) Not Sure (sexual orientation) 25%
White 40% 47% 49%Straight 33% 42% 39%
6 64
Item 9 A.
CORE Condition: Safe & Just Community
Fair, humane approaches to ensuring personal, public, and workplace safety that foster trust, respect, and dignityCORE Condition: Stable, Affordable Housing & Shelter An adequate supply of housing and shelter that is safe, healthy, affordable, and accessible Capitola’s home ownership rate of 40.2% is the lowest in Santa Cruz County and its 14% vacancy rate is the highest.31 A measure of housing burden is paying more than 30% of income in rent. Capitola’s rate of housing burden among renters is the lowest in the County—52% of renters pay more than 30% of income in rent (compared to 62.6% of renters in the City of Santa Cruz and 67% in Watsonville). 32 55 18
44 2011 2016 2020
In 2020, 44 domestic violence-related calls for
assistance were received in Capitola, of which 32 involved using hands or feet as weapons and 5 involved knives or other dangerous weapons. Three involved strangulation or suffocation.30 The total number of calls was 20% lower than in 2011,
but 144% higher than in 2016.
In 2020, Capitola had one of the lowest rates of violent crimes (homicide, rape, robbery, aggravated assault) in the county BUT had the highest property crime rate.29 215
355
113
151
389
57 49
23 13
22 Watsonville PD
Santa Cruz PD
SCC Sheriffs Office
Scotts Valley PD
Capitola PD
Violent Crime Rate (per 10,000)Property Crime Rate (per 10,000) 66%
54%
43%
42%
40%
Scotts Valley
Santa Cruz
(county)
Santa Cruz
(city)
Watsonville
Capitola
5%8%6%3%
14%
Homeownership Vacancy Rate
There were approximately 465 Extremely Lowincome Renters (ELI) in Census Tracts 1216, 1218, and 1221 as of May 2021, according to the Urban Institute’s Rental Assistance Priority Index. The Index is based on indicators of housing instability, COVID-19 impact, and equity. 33 1216
1218 1221
7 Capitola’s number of Persons per Household (2.08) is the lowest in the county – and among the lowest in the state. 31 65 Item 9 A.
Data Sources
¹ Population Size. QuickFacts. United States Census Bureau. July 2021. https://www.census.gov/quickfacts . ² Ibid³ Age. American Community Survey. 2015-19. Retrieved from Census Reporter. https://censusreporter.org/profiles/16000US0611040-capitola-ca/. 4 Race & Ethnicity. QuickFacts. United States Census Bureau. July 2021. https://www.census.gov/quickfacts/capitolacitycalifornia. 5 Language & Nativity. American Community Survey. 2015-19. Retrieved from Census Reporter. https://censusreporter.org/profiles/16000US0611040-capitola-ca/. 6 California Strong Start Index, 2019. https://strongstartindex.org/. 7 Adults with Disability. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=82&localeId=281. 8 Adults 65+ with a Disability. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=4307&localeId=281. 9 Persons Fully Vaccinated Against COVID-19. Centers for Disease Control and Prevention. Jan 14, 2022. Retrieved February 28, 2022 from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=11663&localeId=281. 10 Adults Ever Diagnosed with Depression. CDC-PLACES, 2019. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=2867&localeId=281. Depression-related Feelings, by Grade Level. WestEd, California Healthy Kids Survey (CHKS) and Biennial State CHKS. California Dept. of Education (Aug. 2020). Retrieved from Kidsdata.org. https://www.kidsdata.org/topic/662/depressive-feelings-grade/table#fmt=943&loc=2,370,1311,1314,1315,1317,1318,1319,1320&tf=134&ch=69,305,306,431,1177,1176&sortColumnId=0&sortType=asc 11 Unmet Need for Subsidized Care. Early Learning Needs Assessment Tool. American Institutes for Research. 2018. https://www.elneedsassessment.org/NeedsAssessment.aspx. 12 Average Annual Cost of Child Care for Infants and Preschoolers in Family Child Care Homes and Child Care Centers. California Child Care Resource & Referral Network. 2018. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/
13 CSU 2021-22 Tuition. The California State University. https://www.calstate.edu/attend/paying-for-college/tuition-by-year.14 UC Tuition & Cost of Attendance. University of California Admissions. https://admission.universityofcalifornia.edu/tuition-financial-aid/tuition-cost-of-attendance/. 15 People 25+ with a High School Degree or Higher. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=341&localeId=281. 16 People 25+ Years with a Bachelor’s Degree or Higher. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=340&localeId=281. 17 Median Household Income. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=315&localeId=281. 18 Monthly Labor Force Data for Cities and Census Designated Places (CDP). California Employment Development Department, Labor Market Division. Retrieved February 1, 2022. http://www.labormarketinfo.edd.ca.gov
19 Children Living Below Poverty Level. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=189&localeTypeId=39&periodId=4523. 20 2021 Food Insecurity Index. Conduent Health Communities Institute. 2021. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/index.php?module=indicators&controller=index&action=foodinsecurity. 21 Single-Parent Households. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=411&localeTypeId=39&periodId=4523&comparisonId=6635. 22 People 65+ Living Alone. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=342&localeId=281. 23 AARP Livability Index. Updated June 2018. https://livabilityindex.aarp.org/search#Capitola+CA+USA. 24 Student Supports (Student Reported), by District, by Race/Ethnicity, and by Sexual Orientation. WestEd, California Healthy Kids Survey (CHKS) and Biennial State CHKS. California Dept. of Education (Aug. 2020).
Retrieved from Kidsdata.org. https://www.kidsdata.org/topic/645/school-supportsgrade/table#fmt=913&loc=2,370,1311,1314,1315,1317,1318,1319,1320&tf=134&ch=69,305,306,431,777,778,779&sortColumnId=0&sortType=asc 25 Voter Registration Totals by District and Party. October 27, 2020 Report of Registration to Secretary of State. Retrieved from County of Santa Cruz Elections Department https://www.votescount.us/Home/VoterRegistrationTotalsandInformation/WeeklyTotals.aspx. Population Size. QuickFacts. United States Census Bureau. July 2021. https://www.census.gov/quickfacts . 26 Mean Travel Time to Work. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=314&localeId=281. 27 Walk Score. Retrieved February 1, 2022 from https://www.walkscore.com/. 28 Residents Who Live Further Than a Half-mile From a Park. Park Access Tool. California Department of Parks and Recreation. 2002. Retrieved from https://www.parksforcalifornia.org/parkaccess/?overlays1=parks%2Cnoparkaccess&overlays2=parks%2Cparksper1000. 29 Crime Rates per 10,000 people. California Department of Justice Open Justice. Retrieved February 1, 2022 from https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances. Population Size.
QuickFacts. United States Census Bureau. July 2021. https://www.census.gov/quickfacts /. 30 Domestic Violence-related Calls for Assistance. California Department of Justice Open Justice. Retrieved February 1, 2022 from https://openjustice.doj.ca.gov/exploration/crime-statistics/domestic-violencerelated-calls-assistance. 31 Homeownership. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=272&localeId=281. Housing Vacancy Rates & Persons Per Household. State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2011-2021. Sacramento, California, May 2021. https://www.dof.ca.gov/forecasting/demographics/estimates/e-5/ 32 Renters Spending 30% or More of Household Income on Rent. American Community Survey, 2015-19. Retrieved from DataShare Santa Cruz County. https://www.datasharescc.org/indicators/index/view?indicatorId=393&localeId=281. 33 Emergency Rental Assistance Priority Index. Urban Institute, May 2021. Retrieved from https://www.urban.org/features/where-prioritize-emergency-rental-assistance-keep-renters-their-homes. 8 Send data-related questions or corrections to Nicole Young ([email protected]) and Nicole Lezin ([email protected]) 66 Item 9 A.
Interview Questions for Capitola City Councilmembers
2022 Community Grants Program (CGP) Review
Capitola Community Profile
1. Were there any surprises or “a-ha’s” (or questions) as you reviewed this?
2. Are there indicators or pieces of data that should be added to this profile in order to tell a more complete story about community strengths and challenges related to community health and well-being in Capitola?
3. What are the 2-3 key take-aways from this Community Profile that you would want more people (Councilmembers, staff, community members) to be aware of? Community Grants Program (CGP)
4. How do you see CGP funding contributing to health and well-being in Capitola?
5. What’s reasonable to achieve with this funding? What impact could it have on community-level health and well-being in Capitola, given the amount of funding available?
6. What would an ideal version of the CGP funding process look like for you?
7. What would you like this Council’s legacy to be in terms of CGP? 67 Item 9 A.
Questions/prompts from prior interviews …
1. What are you hoping will be accomplished by conducting this review of the City’s Community Grants Program?
If needed, ask follow-up questions, such as:
• Is there anything you’d like to understand about the current portfolio of community grants and/or about organizations that could have applied but didn’t?
• Do you have concerns about the current process, including the application process (i.e. who has the opportunity to apply), how grants are selected/awarded, the reporting process, etc? • Do you have suggestions or hopes about how it will be improved?
2. What do you think is reasonable to achieve with the City’s Community Grant funding? If needed, ask follow-up questions, such as:
• Are there other ways to achieve these goals, besides awarding community grants? (e.g. are some services that are being funded through community grants actually considered essential City services that could be funded via the City’s budget?)
• What information would you look to that would tell you whether the City’s community grants program has achieved these goals or met your expectations?
3. Looking ahead, what is your ideal version of Capitola’s Community Grant program? If needed, ask follow-up questions, such as:
• If “getting to results” meant awarding fewer but larger grants, is that a direction you would support? Why or why not?
• If modifications to the Community Grant program resulted in reducing or eliminating grants to some of the current grantees, is that a direction you would be willing to support? Why or why not? • Do you have any concerns about making changes to the historical community grants process? • What concerns or “push-back” do you anticipate the community (general public) or nonprofit agencies might have about changing the grants process? How would you hope the concerns/resistance are handled by Councilmembers and City staff?
• How interested are you in exploring the possibility of aligning with what other jurisdictions are doing to support local nonprofits (e.g. City of Watsonville Community Programs, County/City of SC CORE contracts, etc)?
68 Item 9 A.
Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: City Manager Department
Subject: Consider a Community Survey Contract
Recommended Action: Authorize the City Manager to enter a contract with Gene Bregman and Associates in an amount not to exceed $17,000 for a community survey to help gauge public interest on potential ballot measures for the November election and approve the proposed resolution amending the FY 2021/22 Budget.
Background: In 2020, prior to the last General Election, the City conducted a survey of residents to gauge community interest regarding several potential ballot measures. Based on those survey results, and the pandemic situation during summer 2020, the City Council elected not to put any measures on the ballot.
During the City’s goal setting session for the upcoming fiscal year, City Council identified a goal to consider potential ballot measures for the November 2022 General Election. In general, staff recommends the City seek community feedback prior to placing measures on the ballot.
Community polling helps the City Council understand, in a statistically relevant way, what issues resonate with voters and provides feedback about likely voting outcomes.
The City has used Gene Bregman and Associates in previous election years to gauge potential voter support for ballot measures.
Discussion: The proposed contract with Gene Bregman and Associates includes a phone survey of 175 to 200 likely voters in Capitola. The proposed contract includes enough time per phone interview to obtain community feedback on approximately two separate topics and include a few baseline questions regarding City performance, particularly public outreach.
Staff recommends the City conduct a community survey prior to placing items on the ballot, particularly if the City is contemplating multiple ballot items.
Potential Polling Items
Second Home Tax: A second home tax would create an annual tax on people who own a home that is generally unoccupied. In California, this concept was first put in place in the City of Oakland in 2018. The Oakland second home tax is a $3,000-$6,000 annual assessment on homes that are occupied for less than 50 days per year. The purpose behind second home taxes is generally to discourage vacant properties and preserve existing housing stock for people to utilize as a primary residence. The City of San Francisco and community members in Santa Cruz are reportedly considering such a tax.
According to the US Census Bureau, approximately 410 units in Capitola are classified as “seasonal, recreation or occasional use.” An additional 104 are classified as “other vacant,” a portion of which may be subject to a second home tax1.
Clearly the biggest challenge behind a second home tax would be enforcement. Staff has reached
1 The Oakland second home tax exempts units that are in active construction and during the settlement of an estate, both of which are included in the Census “other vacant” category. 69 Item 9 B.
out to other jurisdictions who are considering such a tax to research enforcement models. In addition, staff has been in contact with local utilities to learn what data might be available to help ensure equitable enforcement. Should Council wish to poll a second home tax, staff would continue to research enforcement options, which could be presented alongside polling results.
The City of Capitola has never polled voter opinions regarding a potential second home tax.
Temporary Sales Tax: The City of Capitola currently has two local 0.25% “district” sale tax measures. Measures O, which is permanent, and Measure F, which expires in 2027. Both district taxes are general taxes, in that the revenues are allocated to the City’s General Fund. However, Measure F was passed with the intention of using the funds to support renovations to the wharf and City’s beach-front infrastructure and public safety. The actual language from the ballot states the tax will be used to pay for, “general City programs and services, including public safety, wharf, beaches, parks, and street and sidewalk improvements.”
Each 0.25% district tax generates about $1 million per year. Capitola’s total sales tax rate is 9%, of which the City receives 1.5% (1% Bradley Burns plus Measures O/F). Because the district taxes have generally not kept up with inflation, staff suggests that a potential new district tax should be utilized for a focused purpose over a limited timeframe. For example, the City could consider a new 0.5% district tax for five-seven years that would be restricted to road improvements. This would potentially allow the City to invest between $8-$14 million to resurface roads and make significant improvements to the City’s pavement management index.
Generally, City of Capitola voters have supported district sales tax measures, provided the tax is designated for projects of community interest and/or concern.
Utility Users Tax (UUT): Currently the City of Capitola does not have a UUT in place. Cities that assess UTTs generally charge between 1 percent to 11 percent and the utilities subject to the UUT varies from city to city. The most common UTTs are applied to telephone, electricity, and gas services followed by cable television and water service. Approximately half of California residents pay a UUT, which provides an average of 15 percent of general fund revenues to those jurisdictions. The most common rate is 5 percent and the average rate is 5.4 percent.
In Santa Cruz County the cities of Santa Cruz, Watsonville, and Scotts Valley all have UTTs. The City of Santa Cruz UUT is 8.5 percent on all utilities and generates $10.7 million annually (or 16 percent of general fund revenues) with an annual per capita cost of $161. In Watsonville the UUT is 5.5 percent on telephone and cable television and 6 percent on electricity, gas, and water, and generates approximately $3 million annually (or 13 percent of general fund revenues) with an annual per capita cost of $66. Finally, Scotts Valley levies a 4 percent UUT on electricity and gas generating approximately $600,000 annually (or 7 percent of general fund revenues) with an annual per capita cost of $55.
In 2020 the City of Capitola polled voter opinions regarding a potential UUT and less than 50% of likely voters indicated they would “definitely or probably” support such a tax. Given those recent poll results staff does not recommend polling a UUT at this time.
At the March 15 Finance Advisory Committee (FAC) meeting, staff presented several potential 2022 ballot measures for consideration including a Utility Users Tax, Special District Sales Tax, an extension of Measure F, Vacant Second Home Parcel Tax, and possible changes to the Transient Occupancy Tax (TOT). After discussion, the FAC recommended the polling contract question participants regarding a Vacant Second Home Parcel Tax but did not feel the timing was right for the other potential ballot measures.
70 Item 9 B.
The attached polling contract proposal from Gene Bregman and Associates would complete the survey work in time for the Council to review the results prior to the deadline to place a measure on the November 2020 ballot.
Fiscal Impact: Funding for the not to exceed $17,000 polling contract would be allocated from contract savings and the City Manager Unanticipated Events account, as outlined in the attached Budget Adjustment.
Attachments:
1. Bregman and Associates Polling Proposal
2. Proposed resolution with budget amendment
Report Prepared By: Report Prepared By: Jamie Goldstein, City Manager Reviewed By: Chloé Woodmansee, City Clerk, Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
71 Item 9 B.
2443 Fair Oaks Blvd., #328
Sacramento, CA 95825
916.564.2000
www.GeneBregmanAndAssociates.com
MEMORANDUM
To: Jamie Goldstein, City Manager
City of Capitola
420 Capitola Avenue
Capitola, CA 95010
From: Gene Bregman
Gene Bregman & Associates
Date: March 31, 2022
Re: Poll
Per your request, this proposal letter summarizes the scope of work for Gene Bregman & Associates (GBA) to conduct public opinion research for the City of Capitola, California.
Upon completion of the survey, a statistical compilation of the crosstabulated results will be delivered and findings and recommendations will be presented and discussed.
We will conduct the survey among those Capitola residents who are likely to vote in November, 2022. We will complete the interviews either telephone poll by contacting eligible voters via text or email. Safeguards are built into the process to prevent non-qualified respondents from completing the survey. Based on our previous research, we believe it will be possible to complete between approximately 175 and 200 interviews.
The poll will achieve the following objectives:
1. Explore the current image of the City of Capitola, voters' attitudes towards the City, and their assessments of the strengths and weaknesses of local government;
2. Determine voter perceptions of the needs of the City and the priorities that voters set for those needs;
72 Item 9 B.
Memo: City of Capitola 2
March 31, 2022
3. Determine voter attitudes towards a possible ballot measure for the City related to various possible revenue enhancement measures;
4. Evaluate voters' top priorities for money raised in order to determine if these uses are sufficient for voters to support a ballot measure;
5. Determine the most effective and important reasons for your voters to support a measure;
6. Track and compare current data with those obtained in previous research for the City;
7. Develop a demographic profile of City voters, including how various demographic groups differ in their opinions and attitudes towards a possible ballot measure.
The cost of the survey will be $17,000.
All of the data obtained by GBA is the exclusive property of the City of Capitola. If requested, GBA will provide an electronic copy of the data to the client. GBA is entitled to retain the original interview forms used in the field and copies of all data and analysis for its own internal use.
In summary, GBA will provide to the City of Capitola:
Random telephone and internet survey of 175-200 likely November 2022 voters in the City of Capitola;
Consultation solely with principal of Gene Bregman & Associates; Assistance in developing topic areas to be investigated; Development of survey questionnaire;
Scientific sample selection to assure our reaching accurate representations of the population;
Pre-testing of questionnaire;
Conduct of field work from our central phone bank;
Editing, coding, and electronic data processing;
Full computer printouts of all cross-tabulated data;
Analyses of survey results, including appropriate graphical presentation;
On-going strategy and consultation.
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Memo: City of Capitola 3
March 31, 2022
We look forward to having the opportunity to assist you and the City of Capitola in this most important effort. If you have any questions, or would like to further discuss your polling needs, please do not hesitate to call me at (916)564-2000 or on my cell (415)971-0972.
74 Item 9 B.
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE 2021-22 FISCAL YEAR CITY BUDGET AND CAPITAL IMPROVEMENT
PROGRAM BUDGET
WHEREAS, it is necessary to adopt the 2021-22 Fiscal Year Budget for all City funds and Capital Improvement Program; and
WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 24, 2021 adopted such budget for the Fiscal Year July 1, 2021, through June 30, 2022; and WHEREAS, since the adoption of the FY 2021-22 budget the City Council has adopted their FY 2022-23 Budget Principles and Goals which includes considering potential ballot measures for the November 2022 election; and
WHEREAS, the costs associated with conducting preliminary polling prior to placing measures on the ballot were not included in the adopted FY 2021-22 budget; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2021-2022 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Finance Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Finance Director's assistance, shall assure compliance therewith.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 14
th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________
Sam Storey, Mayor
ATTEST:
____________________ ___
Chloe Woodmansee, City Clerk
75 Item 9 B.
76 Item 9 B.
Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: Department of Public Works
Subject: Adopt a Resolution Declaring an Emergency for Storm Drain Repairs in Noble Gulch Park
Recommended Action: Adopt a resolution that 1) declares an emergency, 2) authorizes procurement and services without giving notice for bids pursuant to Public Contract Code Section 22050 and authorizing staff to enter a contract for such services with Graniterock Construction for repairs to a storm drain located in Noble Gulch Park at the intersection of Bay Avenue and Monterey Avenue and 3) approves a budget amendment transfer of $60,000 from Emergency Reserve Fund to the Capital Improvement Project fund and authorize the creation of a new project entitled Noble Gulch Park Storm Drain Project.
Background: While performing routine maintenance in Noble Gulch Park, Public Works crews discovered a six-foot-deep sink hole over a storm drainpipe that conveys water from Monterey Avenue to the larger Noble Gulch storm pipe.
Discussion: The sink hole in the park is located immediately adjacent to the sidewalk along Bay Avenue and presented a hazard to both pedestrians walking along the sidewalk and park users.
Public Works crews secured that area and staff contracted Graniterock Construction to expose the storm drainpipe and make repairs.
Graniterock began work on Wednesday March 30, 2022, and unfortunately was not able to locate the failed pipe due to its depth. Workers originally thought that the pipe was 5-7 feet deep, but after digging to a depth of twelve feet without reaching the pipe, the contractor had to halt work.
A utility locating company then determined the pipe was at a depth of 15-18 feet. For safety reasons, the hole was refilled with the removed dirt. Graniterock restarted work on Monday, April 4, and hopes to have repairs completed by the end of the week.
Fiscal Impact: A $60,000 transfer from the Emergency Reserve Fund should be sufficient to complete the repairs. Any remaining funds will be transferred back to the Emergency Reserve Fund; and if additional funding is necessary, staff will return with a follow-up report to the Council.
An allocation back to the Emergency Reserve Fund to replace the costs of the project will be recommended as part of the fiscal year 2022/23 budget adoption.
Attachments:
1. Proposed Resolution and budget amendment
2. Emergency Contract with Graniterock Construction
Report Prepared By: Steven Jesberg, Public Works Director Reviewed By: Chloé Woodmansee, City Clerk; Jim Malberg, Finance Director; Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
77 Item 9 C.
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
DECLARING
A BROKEN STORM DRAIN IN NOBLE GULCH PARK AN EMERGENCY;
AUTHORIZING PROCUREMENT AND SERVICES WITHOUT GIVING NOTICE FOR BIDS PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050; AUTHORIZING
STAFF TO ENTER INTO A CONTRACT FOR SERVICES WITH GRANITEROCK CONSTRUCTION; APPROVING A BUDGET TRANSFER OF $40,000 FROM THE EMERGENCY RESERVE FUND TO THE CAPITAL IMPROVEMENT PROJECT FUND; AND
AUTHORIZING THE CREATION OF A NEW PROJECT ENTITLED NOBLE GULCH PARK
STORM DRAIN PROJECT
WHEREAS, California Public Resources Code Section 21060.3 defines an emergency as a “sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services;” and
WHEREAS, Section 22050(a) of the California Public Contract Code allows a public agency, in the event of an emergency, and pursuant to a four-fifths vote of its governing body, to repair or replace a public facility; take any directly related and immediate action required by that emergency; and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, City of Capitola Public Works crews discovered a sink hole above a storm drain pipe in Noble Gulch park; and
WHEREAS, the sink hole presents an immediate danger to pedestrians and park users who could fall into the hole and repairs should be made immediately; and WHEREAS, compliance with competitive bidding procedures typically takes several months and would not allow prompt action to be taken, as required to safeguard the public; and WHEREAS, GraniteRock Construction is available and qualified to perform the necessary repair work; and
WHEREAS, it is necessary to adopt the 2021-22 Fiscal Year Budget for all City funds and Capital Improvement Program; and
WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 24, 2021, adopted such budget for the Fiscal Year July 1, 2021, through June 30, 2022; and WHEREAS, a $60,000 transfer from the Emergency Reserve Fund should be sufficient to complete the repairs necessary due to the sinkhole; and WHEREAS, by the City Council of the City of Capitola that the 2021-2022 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution WHEREAS, California Public Resources Code subsections 21080(b)(2) and (4) provide that the California Environmental Quality Act (CEQA) does not apply to emergency repairs to public service facilities or specific actions necessary to prevent or mitigate an emergency, and Section 15269 of the CEQA Guidelines establishes a statutory exemption for emergency repairs to public 78 Item 9 C.
Noble Gulch Park Storm Pipe Repairs
April 14, 2022
service facilities necessary to maintain service, and other specific actions necessary to prevent or mitigate an emergency; and
WHEREAS, damage to the storm drain is the likely cause of the sink hole and the damage was unexpected and involves a clear and imminent threat demanding immediate action to mitigate the immediate threat to public safety, and therefore emergency repairs to the storm drain and related infrastructure and improvements are exempt under CEQA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola that:
1. Based on substantial evidence, the broken storm drain and resulting sinkhole at Noble Gulch Park is a “sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services.”
2. The emergency will not permit a delay resulting from competitive solicitation for bids for the repairs associated with the broken storm drain, and that this action is necessary to respond to the emergency.
3. Staff is authorized to proceed with the repair of the storm drain and procurement of the necessary equipment, services, and supplies for that purpose without giving notice for bids to let contracts.
4. Staff is authorized to enter into a contract with GraniteRock Construction for repair services of the storm drain.
5. Staff is authorized to obtain all necessary regulatory authorizations for the repair on an expedited basis using all available emergency procedures.
6. A transfer of $40,000 from the Emergency Reserve Fund to the Capital Improvement Project Fund is authorized.
7. A project entitled “Noble Gulch Storm Drain Project” is created.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 14th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Sam Storey, Mayor
Attest:
______________________________
Chloe Woodmansee, City Clerk
79 Item 9 C.
80 Item 9 C.
CITY OF CAPITOLA
PROFESSIONAL SERVICES AGREEMENT
Emergency Storm Drain Repair Project in Noble Gulch Park Graniterock Construction
THIS AGREEMENT is entered into on March 30, 2022, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and Graniterock Construction, Inc., hereinafter called "Contractor".
WHEREAS, City desires certain services described in Appendix One and Contractor is capable of providing and desires to provide these services.
NOW, THEREFORE, City and Contractor for the consideration and upon the terms and conditions hereinafter specified agree as follows:
SECTION 1
Scope of Services
The services to be performed under this Agreement are for emergency repairs to a storm drain pipe located in Noble Gulch Park at the intersection of Bay Avenue and Monterey Avenue and further detailed in Appendix One.
SECTION 2
Duties of Contractor
All work performed by Contractor, or under its direction, shall be sufficient to satisfy the City's objectives for entering into this Agreement and shall be rendered in accordance with the generally accepted practices, and to the standards of, Contractor's profession.
Contractor shall not undertake any work beyond the scope of work set forth in Appendix One unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Contractor by City on the same basis as provided for in Section 4.
If, in the prosecution of the work, it is necessary to conduct field operations, security and safety of the job site will be the Contractor's responsibility excluding, nevertheless, the security and safety of any facility of City within the job site which is not under the Contractor's control.
Contractor shall meet with Director of Public Works, called “Director," or other City personnel, or third parties as necessary, on all matters connected with carrying out of Contractor's services described in Appendix One. Such meetings shall be held at the request of either party hereto. Review and City approval of completed work shall be obtained monthly, or at such intervals as may be mutually agreed upon, during the course of this work.
SECTION 3
Duties of the City
City shall make available to Contractor all data and information in the City's possession which City deems necessary to the preparation and execution of the work, and City shall actively aid and assist Contractor in obtaining such information from other agencies and individuals as necessary.
The Director may authorize a staff person to serve as his or her representative for conferring with Contractor relative to Contractor's services. The work in progress hereunder shall be reviewed from time to time by City at the discretion of City or upon the request of Contractor. If the work is satisfactory, it will 81 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
be approved. If the work is not satisfactory, City will inform Contractor of the changes or revisions necessary to secure approval.
SECTION 4
Fees and Payment
Payment for the Contractor's services shall be made upon a schedule and within the limit, or limits shown, upon Appendix Two. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Contractor in carrying out the work. If Contractor is compensated on an hourly basis, Contractor shall track the number of hours Contractor, and each of Contractor’s employees, has worked under this Agreement during each fiscal year (July 1 through June 30) and Contractor shall immediately notify City if the number of hours worked during any fiscal year by any of Contractor’s employees reaches 900 hours. In addition, each invoice submitted by Contractor to City shall specify the number of hours to date Contractor, and each of Contractor’s employees, has worked under this Agreement during the current fiscal year.
SECTION 5
Changes in Work
City may order major changes in scope or character of the work, either decreasing or increasing the scope of Contractor's services. No changes in the Scope of Work as described in Appendix One shall be made without the City's written approval. Any change requiring compensation in excess of the sum specified in Appendix Two shall be approved in advance in writing by the City.
SECTION 6
Time of Beginning and Schedule for Completion
This Agreement will become effective on Wednesday March 20, 2022 and will terminate on the earlier of:
⚫ The date Contractor completes the services required by this Agreement, as agreed by the City; or ⚫ The date either party terminates the Agreement as provided below.
Work shall begin on or about March 20, 2022.
In the event that major changes are ordered, or Contractor is delayed in performance of its services by circumstances beyond its control, the City will grant Contractor a reasonable adjustment in the schedule for completion provided that to do so would not frustrate the City's objective for entering into this Agreement.
Contractor must submit all claims for adjustments to City within thirty calendar days of the time of occurrence of circumstances necessitating the adjustment.
SECTION 7
Termination
City shall have the right to terminate this Agreement at any time upon giving ten days written notice to Contractor. Contractor may terminate this Agreement upon written notice to City should the City fail to fulfill its duties as set forth in this Agreement. In the event of termination, City shall pay the Contractor for all services performed and accepted under this Agreement up to the date of termination. 82 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
SECTION 8
Insurance
Contractor shall procure and maintain for the duration of the contract and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).
2. Insurance Services office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability:
(including operations,
products and completed
operations)
$1,000,000 per occurrence and $2,000,000 in
aggregate (including operations, for bodily injury,
personal and property damage.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. 4.
Employer’s Liability Insurance $1,000,000 per accident for bodily injury and property damage.
Blank
Other Insurance Provisions
83 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Capitola, its officers, officials, employees, and volunteers are to be covered as additional insured’s as respects: liability arising out of work or operations performed by or on behalf of the Contractor or automobiles owned, leased, hired, or borrowed by the Contractor.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Capitola for all work performed by the Contractor, its employees, agents, and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 9
Indemnification
For General Services: To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the City, its directors, officers, employees from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses (including attorneys’ fees and costs) arising from the acts or omissions of Contractor’s employees or agents in any way related to the obligations or in the performance of services under this Agreement, except for design professional services as defined in Civil Code § 2782.8, and except where caused by the sole or active negligence, or willful misconduct of the City.
For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the City, its directors, officers, and employees from and against any and all claims, demands, actions, liabilities, damages, or expenses (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Contractor, 84 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
Contractor’s employees, or agents in any way related to the obligations or in the performance of design professional services under this Agreement as defined in Civil Code §2782.8, except where caused by the sole or active negligence, or willful misconduct of the City. The costs to defend charged to the Contractor relating to design professional services shall not exceed the Contractor’s proportionate percentage of fault per Civil Code §2782.8.and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, Contractor’s employees, agents or subcontractors, except where caused by the active negligence, sole negligence, or willful misconduct of the City.
SECTION 10
Civil Rights Compliance/Equal Opportunity Assurance
Every supplier of materials and services and all contractors doing business with the City of Capitola shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, contractor shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age, or sex with respect to hiring, application for employment, tenure or terms and conditions of employment. Contractor agrees to abide by all of the foregoing statutes and regulations.
SECTION 11
Legal Action/Attorneys' Fees
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he or she may be entitled. The laws of the State of California shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Contractor and the City.
SECTION 12
Assignment
This Agreement shall not be assigned without first obtaining the express written consent of the Director after approval of the City Council.
SECTION 13
Amendments
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Contractor. Contractor acknowledges that no such amendment shall be effective until approved and authorized by the City Council, or an officer of the City when the City Council may from time to time empower an officer of the City to approve and authorize such amendments. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Appendix Two. Such authority is retained solely by the City Council. Unless expressly authorized by the City Council, Contractor's compensation shall be limited to that set forth in Appendix Two.
SECTION 14
Miscellaneous Provisions
85 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
1. Project Manager. Director reserves the right to approve the project manager assigned by Contractor to said work. No change in assignment may occur without prior written approval of the City.
2. Contractor Service. Contractor is employed to render professional services only and any payments made to Contractor are compensation solely for such professional services.
3. Licensure. Contractor warrants that he or she has complied with any and all applicable governmental licensing requirements.
4. Other Agreements. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter, and no other agreement, statement or promise related to the subject matter of this Agreement which is not contained in this Agreement shall be valid or binding.
5. City Property. Upon payment for the work performed, or portion thereof, all drawings, specifications, records, or other documents generated by Contractor pursuant to this Agreement are, and shall remain, the property of the City whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with the City's use and/or occupancy of the project. The drawings, specifications, records, documents, and Contractor's other work product shall not be used by the Contractor on other projects, except by agreement in writing and with appropriate compensation to the City.
6. Contractor's Records. Contractor shall maintain accurate accounting records and other written documentation pertaining to the costs incurred for this project. Such records and documentation shall be kept available at Contractor's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final City payment for Contractor's services.
7. Independent Contractor. In the performance of its work, it is expressly understood that Contractor, including Contractor's agents, servants, employees, and subcontractors, is an independent contractor solely responsible for its acts and omissions, and Contractor shall not be considered an employee of the City for any purpose.
8. Conflicts of Interest. Contractor stipulates that corporately or individually, its firm, its employees and subcontractors have no financial interest in either the success or failure of any project which is, or may be, dependent on the results of the Contractor's work product prepared pursuant to this Agreement.
9. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:
86 Item 9 C.
87 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
APPENDIX ONE
Scope of Services
A sink hole has developed under a grass area in Noble Gulch Park at the corner of Bay Avenue and Monterey Avenue. A video inspection of the line completed by the City indicates that failed corrugated metal pipe (CMP) needs replacement. This work shall consist of replacing the CMP from an upstream manhole to a downstream connection to a 76-inch pipe. Replacement pipe will be PVC.
Contractor shall coordinate all work with Department of Public Works personnel to ensure inspections of the work are completed. It is anticipated that decisions and directions to the final layout and construction will be made by City and Contractor personnel in the field.
Time is of the essence in completing this work and the contractor shall diligently work to complete this project as quickly as possible.
88 Item 9 C.
Professional Services Agreement March 30, 2022
Emergency Storm Repair Project in Noble Gulch Park
Graniterock Construction
APPENDIX TWO
Fees and Payments
For the services performed, City will pay contractor on a force account basis for time, materials, and equipment needed to satisfactory complete the services and delivery of work products. Payments will be issued monthly as charges accrue, the sum of contractor’s salary expenses and non-salary expenses. For work that is performed payments under this contract the Contractor will be made per the markups specified in the attached Daily Extra Work Report (DEWR).
Contractor hereby represents and warrants, based upon Contractor’s independent determination of the time and labor, including overtime, which will be required to perform said services, that Contractor will provide all said services. Contractor shall provide daily reports on labor, materials, and equipment used on the job site for verification by the City.
Salary expenses include the actual direct pay of personnel assigned to the project (except for routine secretarial and account services) plus payroll taxes, insurance, sick leave, holidays, vacation, and other fringe benefits. The percentage of compensation attributable to salary expenses includes all of Contractor’s indirect overhead costs and fees. For purposes of this Agreement, Contractor’s salary expenses and non-salary expenses will be compensated at the rates set forth in the fee schedule attached to this appendix and in accordance with the terms set forth therein. Non-salary expenses include travel, meals and lodging while traveling, materials other than normal office supplies, reproduction and printing costs, equipment rental, computer services, service of subcontractors or subcontractors, and other identifiable job expenses. The use of Contractor’s vehicles for travel shall be paid at the current Internal Revenue Service published mileage rate.
Payments shall be made monthly by the City, based on itemized invoices from the Contractor which list actual costs and expenses. Such payments shall be for the invoice amount. The monthly statements shall contain the following affidavit signed by a principal of the Contractor’s firm:
"I hereby certify as principal of the firm of _______________, that the charge of $_______ as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated , , and has not been previously paid." 89 Item 9 C.
Capitola City Council
Agenda Report
Meeting: April 14, 2022
From: Police Department
Subject: Consider Adding a Section to the Municipal Code in Accordance with Assembly Bill 481
Recommended Action: Introduce for first reading, by title only, waiving the full reading of the text, an ordinance adding Section 2.60 to the Capitola Municipal Code, approving a Military Equipment Use Policy for Police Services.
Background: Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §7070, et seq.) requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies engage in specified activities related to the use of what the state legislature has now defined as “military equipment” in Government Code §7070. The Capitola Police Department has some equipment that qualifies as “military equipment” in inventory and engages in critical public safety activities in coordination with other local jurisdictions, which will be prohibited within 180 days unless an ordinance meeting the requirements of the Government Code §7071 is adopted.
Discussion: The Capitola Department (CPD) does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.
Notwithstanding, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing board for approval.
The proposed ordinance (Attachment 1) would approve a Military Equipment Use Policy (Attachment 2) that is consistent with the Police Department’s current policy and meets the relevant requirements of AB 481 (Attachment 3). As required by Government Code §7071(b), the proposed policy was posted on the Department’s website at: www.cityofcapitola.org/police on March 13, 2022. If adopted, the Police Department would be responsible for ensuring that all provisions of Government Code §§7071 and 7072 are met. The Council would be required by law to review the ordinance and policy at least annually and can renew it or make any necessary changes.
The proposed policy approves the continued use of equipment currently in the Police Department’s inventory by authorized and trained personnel when the use is necessary to maintain safety.
The proposed policy would also allow the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City when exigent circumstances require a swift response. The Department works closely with other local, county, state, and federal law enforcement agencies on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid, and responding to emergencies. In exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members. When military equipment is used under exigent circumstances, the proposed ordinance requires reporting on the use to the City Council within a specified time frame.
90 Item 9 D.
Government Code §7071(d)(1) sets forth the findings that Council must make to adopt the proposed policy and ordinance. Staff believes that Council can make the required findings because:
1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment are part of the Capitola Police Department’s overall approach to Critical Incident Management, Use of Force, DeEscalation, and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Capitola.
3. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.
Fiscal Impact: There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement agencies, including in mutual aid circumstances. Maintenance costs of existing equipment are within the Department’s budget.
There will be staff time associated with compliance, annual review, reporting, and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code.
Public Notice: The proposed Military Equipment Use Policy was made public via the Police Department’s website at least 30 days before the April 14, 2022, Council Meeting. Instead of the full text of the ordinance being published within 15 days after passage, the City Clerk shall publish and post the summary of the proposed ordinance at least five days before the meeting at which the ordinance is to be adopted, and within 15 days after adoption.
Attachments:
1. Proposed Ordinance
2. Proposed Military Use Policy #706
3. Capitola Police Department Equipment
4. Assembly Bill 481
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
91 Item 9 D.
Attachment 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAPITOLA, CALIFORNIA, ADDING
CHAPTER 2.60 TO THE CAPITOLA MUNICIPAL
CODE, APPROVING A MILITARY EQUIPMENT USE
POLICY FOR POLICE SERVICES
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, pursuant to Government Code Section 7071(a)(1), such an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and WHEREAS, the Capitola Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Capitola Police Department works closely with other local, county, state and federal law enforcement agencies within San Diego County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, Capitola Police Policy 706 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and
WHEREAS, public notice has been provided in accordance with applicable law; and 92 Item 9 D.
Attachment 1
WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.
NOW, THEREFORE, the City Council of the City of Capitola, California, DOES HEREBY ORDAIN as follows:
Section 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.
Section 2. The City Council finds that this ordinance and Capitola Police Policy 706 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 3. The Capitola Municipal Code is hereby amended to add Chapter 2.06 to read as follows: See Exhibit A attached hereto.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Capitola shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Capitola at a regular meeting thereof this ____ day of __________ 2022 by the following vote to wit:
93 Item 9 D.
Attachment 1
AYES:
NAYS:
ABSTAIN:
ABSENT:
____________________________________
Mayor of the City of Capitola, California
ATTEST:
____________________________
City Clerk
City of Capitola, California
94 Item 9 D.
Attachment 1
EXHIBIT A
Amendment to Capitola Municipal Code adding Chapter 2.60 95 Item 9 D.
Attachment 1
ADDING A NEW CHAPTER 2.60 TO THE CAPITOLA MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF “MILITARY EQUIPMENT”
BE IT ORDAINED by the Council of the City of Capitola as follows:
Section 1. The Capitola Municipal Code Chapter 2.60 is amended to read as follows:
Chapter 2.60
“MILITARY EQUIPMENT” USE ORDINANCE
Sections:
2.60.010 Name of Ordinance
2.60.020 Definitions
2.60.030 Military Equipment Use Policy Requirement
2.60.040 Use In Exigent Circumstances
2.60.050 Reports on the Use of Military Equipment
2.60.060 Severability
2.60.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.
2.60.020 Definitions
A. “Military Equipment” includes all of the following (Per Cal. Gov. Code §7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
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9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. "City" means any department, agency, bureau, and/or subordinate division of the City of Capitola.
C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Capitola Police Department.
D. “City Council” means the governing body that is the Capitola City Council.
E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type 97 Item 9 D.
Attachment 1
of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
H. "Type" means each item that shares the same manufacturer model number.
2.60.030 Military Equipment Use Policy Requirement
A. The Capitola Police Department shall obtain approval of the City Council, by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Capitola.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Capitola Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Capitola Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
C. In seeking the approval of City Council, the Capitola Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
98 Item 9 D.
Attachment 1
D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
E. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
2.60.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.
2.60.050 Reports on the Use of Military Equipment.
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use. 99 Item 9 D.
Attachment 1
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
2.60.060 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.
B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.
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Military Equipment Use Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
The Capitola Department (CPD) does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. Notwithstanding, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing board for approval.
California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Capitola Police Department, or reasonably likely to be deployed in Capitola by other law enforcement partners. 706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – includes but is not limited to the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
4. Tracked armored vehicles that provide ballistic protection to their occupants.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive. This does not include a handheld, one-person ram.
8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, except for standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles.
11. Noise-flash diversionary devices and explosive breaching tools. 101
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12. Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
14. Kinetic energy weapons and munitions.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. 706.2 POLICY
It is the policy of the Capitola Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Police Captain to act as the Military Equipment Coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as a liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Capitola Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond promptly.
1. A complaint, concern, or question related to Military Equipment utilization by the Capitola Police Department can be made:
(a) Via email to: [email protected]
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(b) Via phone call to: 831.475.4242 and request to speak to the Military Equipment Coordinator. (c) Via mail sent to Capitola Police Department; Attn: Military Equipment Coordinator; 422 Capitola Avenue, Capitola, CA 95010
706.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be presented to the governing body by May 1, 2022, for approval by the governing body within 180 days of the presentation (Government Code § 7071(2)) for continuing use of military equipment currently being utilized by the Department. Thereafter, the following must be approved by the governing body, prior to engaging in (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 706.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Departmental policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in a law enforcement operation in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid as defined by Government Code § 7070; Government Code § 7071; and Government Code § 7072. 103
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706.6 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use.
The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.8 MILITARY EQUIPMENT INVENTORY
The attached list is divided into three sections.
• Section One - lists qualifying equipment that is owned and/or utilized by the Capitola Police Department.
• Section Two - lists qualifying equipment that is not owned or regularly utilized by the Capitola Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the Capitola Police Department collaborates and/ or participates for law enforcement purposes. • Section Three - lists qualifying equipment that the Capitola Police Department will be procuring, with anticipated dates of procurement.
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Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Section One: Qualifying Equipment Owned/Utilized by the Capitola Police Department Lethal Weapon
Equipment Type: Semi-Automatic Patrol Rifles - These rifles are standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10).
They have been included in this document in an abundance of caution and the interest of transparency.
Description: Colt LE6945, semi-auto rifle, black with an adjustable stock.
Quantity Owned/Sought: 6 owned – Department Lifespan: 10 years Equipment Capabilities: A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Manufacturer Product Description: The Colt LE6945CQ Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO (M4), with adjustable stock, featuring a monolithic upper receiver, 10.3” barrel, and A2 flash hider.
Purpose/Authorized Uses: The Colt M4 enables officers when in compliance with the CPD’s Use of Force Policy, to address short to long-distance threats, or those threats who are heavily armed, armored, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal Impacts: $1,200.00 (each)
Legal/Procedural Rules Governing Use: Use is subject to the applicable policies 300, 300.4, 300.4.1, 300.4.2, 300.5.1, 300.5.2, 300.5.3, 300.11, 303.
Training Required: Officers must complete a CA POST certified 16-hour patrol rifle course and annual department firearms training and qualifications as required by law and policy.
Compliance mechanisms: Use is subject to the applicable policies 300.4, 300.9, 303.3.2, 303.5, 303.7, 303.8, 303.9.
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Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Lethal Weapon
Equipment Type: Semi-Automatic Patrol Rifles - These rifles are personally owned and are registered with the Department under CPD policy 312.2.4 and are standard service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and the interest of transparency.
Description: Smith and Wesson M&P 15 Sport .223/5.56 with 16” barrel Quantity Owned/Sought: 5 owned – personal Lifespan: 10 years Equipment Capabilities: A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Manufacturer Product Description: Smith and Wesson M&P15 rifles are the ideal modern sporting rifle. Built to perform multiple uses under various conditions, M&P15 Rifles are as versatile as they are reliable. Engineered for a wide variety of recreational, sport shooting, and professional applications, M&P15 Rifles are easy to accessorize, but hard to put down. M&P15 Rifles are lightweight and rugged embodying the best combination of function and form.
Purpose/Authorized Uses: The Smith and Wesson M&P rifle enables officers when in compliance with the CPD’s Use of Force Policy, to address short to long-distance threats, or those threats who are heavily armed, armored, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal Impacts: $812
Legal/Procedural Rules Governing Use: Use is subject to the applicable policies 312.2.4 300, 300.4, 300.4.1, 300.4.2, 300.5.1, 300.5.2, 300.5.3, 300.11, 303.
Training Required: Officers must complete a CA POST certified 16-hour patrol rifle course and annual department firearms training and qualifications as required by law and policy.
Compliance mechanisms: Use is subject to the applicable policies 312.2.4 300.4, 300.9, 303.3.2, 303.5, 303.7, 303.8, 303.9.
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Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Lethal Weapon
Equipment Type: Semi-Automatic Patrol Rifles - This rifle is personally owned and is registered with the Department under CPD policy 312.2.4 and is standard service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and the interest of transparency.
Description: Sig Sauer MP 400 rifle .223/5.56 with 16” barrel Quantity Owned/Sought: 1 owned – personal Lifespan: 10 years Equipment Capabilities: A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Manufacturer Product Description: The Sig Sauer MP400 rifle is designed, engineered, and manufactured in America, and ready to perform whenever and wherever the need arises. SIG SAUER is combining industry-leading product innovation with decades of battle-tested experience to engineer the toughest and most accurate rifles for the military and federal agencies. It’s our mission at SIG SAUER to provide our elite end-users with a complete weapons system they can depend on to prevail under any circumstance.
Purpose/Authorized Uses: Sig Sauer MP 400 rifle enables officers when in compliance with the CPD’s Use of Force Policy, to address short to long-distance threats, or those threats who are heavily armed, armored, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal Impacts: $1615
Legal/Procedural Rules Governing Use: Use is subject to the applicable policies 312.2.4 300, 300.4, 300.4.1, 300.4.2, 300.5.1, 300.5.2, 300.5.3, 300.11, 303.
Training Required: Officers must complete a CA POST certified 16-hour patrol rifle course and annual department firearms training and qualifications as required by law and policy.
Compliance mechanisms: Use is subject to the applicable policies 312.2.4 300.4, 300.9, 303.3.2, 303.5, 303.7, 303.8, 303.9.
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Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Lethal Weapon
Equipment Type: Semi-Automatic Patrol Rifles - This rifle is personally owned and is registered with the Department under CPD policy 312.2.4 and is standard service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and the interest of transparency.
Description: Rainier Arms RUC Mod 2 rifle .223/5.56 with 16” barrel Quantity Owned/Sought: 1 owned - personal Lifespan: 10 years Equipment Capabilities: A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Manufacturer Product Description: Rainier Arms RUC Mod2 Rifle weighs 6 lbs. empty, the Rainier Arms RUC Mod2 has a 15” RA Force Key Mod Rail, as well as the brand-new Rainier Arms Compensator (RAC), a tuned mil sped trigger, and RA MPI/HP Bolt with staked FA carrier, and much more.
Purpose/Authorized Uses: Rainier Arms RUC Mod 2 rifle enables officers when in compliance with the CPD’s Use of Force Policy, to address short to long-distance threats, or those threats who are heavily armed, armored, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal Impacts: $1615
Legal/Procedural Rules Governing Use: Use is subject to the applicable policies 312.2.4 300, 300.4, 300.4.1, 300.4.2, 300.5.1, 300.5.2, 300.5.3, 300.11, 303.
Training Required: Officers must complete a CA POST certified 16-hour patrol rifle course and annual department firearms training and qualifications as required by law and policy.
Compliance mechanisms: Use is subject to the applicable policies 312.2.4 300.4, 300.9, 303.3.2, 303.5, 303.7, 303.8, 303.9.
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Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Lethal Weapon
Equipment Type: Semi-Automatic Patrol Rifles - This rifle is personally owned and is registered with the Department under CPD policy 312.2.4 and is standard service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and the interest of transparency.
Description: BRO-SPEC15-P rifle .223/5.56 with 16” barrel Quantity Owned/Sought: 1 owned personal Lifespan: 10 years Equipment Capabilities: A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Manufacturer Product Description: Black Rain Ordnance manufacturing standards are prominent throughout our line of Spec Series weapons, allowing us to produce the highest quality rifle with a costeffective price tag. The Chromoly barrels and black nitride bolt-carrier groups in the Spec Series combine to provide the reliability and dependability you expect from the BRO family of rifles. Whether it’s your first rifle, a patrol weapon, or simply supplementing your collection, the Spec Series is a great addition to your lineup.
Purpose/Authorized Uses: BRO-SPEC15-P rifle enables officers when in compliance with the CPD’s Use of Force Policy, to address short to long-distance threats, or those threats who are heavily armed, armored, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal Impacts: $1,050
Legal/Procedural Rules Governing Use: Use is subject to the applicable policies 312.2.4 300, 300.4, 300.4.1, 300.4.2, 300.5.1, 300.5.2, 300.5.3, 300.11, 303.
Training Required: Officers must complete a CA POST certified 16-hour patrol rifle course and annual department firearms training and qualifications as required by law and policy.
Compliance mechanisms: Use is subject to the applicable policies 312.2.4 300.4, 300.9, 303.3.2, 303.5, 303.7, 303.8, 303.9.
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Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Lethal Ammunition
Equipment Type: Speer Gold Dot Duty Ammunition .223 Caliber 55 grain rifle round.
Description: Speer Gold Dot features nickel-plated brass cases and Boxer primers and is a non-corrosive round. The Gold Dot projectile goes through a process of joining the jacket and core one molecule at a time which eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass.
Gold Dot rifle ammunition asserts remarkable accuracy with exact tolerances and unparalleled bullet uniformity.
Quantity Owned/Sought: 5000 Lifespan: 10 years
Equipment Capabilities: Operational range 0-300 yards
Manufacturer Product Description: SPEER LE® Gold Dot® Duty Rifle brings proven bullet technology to rifle platform. The Gold Dot® bullet was the first high-performance, bonded-core bullet available in handgun ammunition, and has since set the bar for duty ammunition. The nation's number one law enforcement option is now available in rifle ammunition for agencies everywhere. These specially designed loads bring law enforcement rifle ammunition to the next level. Gold Dot rifle bullets are optimized to ensure expansion out of barrels down to 10" at a wide variety of velocities out to 200 yards. This kind of performance greatly increases the capabilities of duty rifles and gives law enforcement personnel a distinct advantage when it matters most. In addition, these new loads boast outstanding feeding in short, very short, and standard-length AR platforms. Like their handgun counterparts, the Gold Dot rifle bullets are constructed using Gold Dot technology. The process of joining the jacket and core one molecule at a time eliminates the potential for the leading cause of bullet failure—jacket/core separation. It also ensures impressive weight retention through barriers as tough as auto-glass. In addition to being tough, Gold Dot rifle loads boast outstanding accuracy. Exact tolerances and unprecedented bullet uniformity of jacket thickness give Gold Dot rifle loads outstanding accuracy. In addition, these loads feature flash suppressed propellants and a muzzle velocity of up to 3000 fps. The versatility, reliability, and superior construction of the new Speer LE Gold Dot Duty Rifle loads allow law enforcement agencies to utilize this tested and proven bullet technology in duty rifles with complete confidence.
Purpose/Authorized Uses: To project a force against a selected target to have an effect and stop the threat when other reasonable options are not viable. A verbal warning should precede its application.
Fiscal Impacts: $560.00 per case of 1000
Legal/Procedural Rules Governing Use: Refer to policies 300, 300.4, 300.4.1, 300.5, 300.5.1, 300.5.3, 300.11, 303, 303.3
Training Required: Sworn members utilizing Speer Gold Dot ammunition are trained in their use by CA POST certified instructors.
Compliance Mechanism: Use is subject to applicable policies 303.3, 303.3.2. 110
Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Lethal Ammunition – Practice
Equipment Type: Winchester Target Ammunition 5.56 Caliber 55 grain rifle round.
Description: Winchester Target Ammunition features brass cases and Boxer primers and is a non-corrosive round. This ammunition is loaded with a full metal jacket bullet which is known for its positive functioning and exceptional accuracy. On impact, this bullet does not expand and is ideal for target shooting.
Quantity Owned/Sought: 7000 rounds Lifespan: 10 years
Equipment Capabilities: Operational range 0-300 yards
Manufacturer Product Description: Winchester "USA White Box" stands for consistent performance and outstanding value, offering high-quality ammunition to suit a wide range of shooter's needs by providing consistent accuracy, positive functioning, and no expansion.
Purpose/Authorized Uses: Practice
Fiscal Impacts: $380.00 per case of 1000
Legal/Procedural Rules Governing Use: Refer to policies 300, 300.4, 300.4.1, 300.5, 300.5.1, 300.5.3, 300.11, 303, 303.3
Training Required: Sworn members utilizing Winchester Target Ammunition are trained in their use by CA POST certified instructors.
Compliance Mechanism: Use is subject to applicable policies 303.3, 303.3.2. 111
Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Less Lethal Weapon
Equipment Type: Less Lethal Shotgun with orange stock and foregrip.
Quantity Owned/Sought: 4 owned – Departmental Lifespan: 15 Equipment Capabilities: The Remington 870 Police Magnum with orange stock and foregrip deploys lesslethal weighted munitions. These are used to de-escalate hostile situations and reduce the chance of using deadly force.
Manufacturer Product Description: The Remington Model 870 Pump Shotgun is a reliable 12-gauge with double-action bars for smooth pump operation. A steel-lined/grooved fore-end provides a stronger grip, while the Flexitab feeding system provides positive and easier cycling. A less-lethal application shotgun is available with the addition of a blaze orange synthetic stock and foregrip for the instant recognition required.
Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.
Fiscal Impacts: $454 each
Legal/Procedural Rules Governing Use: Refer to policies 300, 301, 301.8-301.11 Training Required: Sworn members utilizing the Remington 870 less-lethal shotguns are trained in their use by CA POST-certified less-lethal instructors.
Compliance mechanisms: Use is subject to the applicable policies 300.5, 300.5.1, 300.5.3, 301, 303.4. 112
Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Less Lethal Ammunition
Equipment Type: Combined Tactical System (CTS) Model 2851 Super-sock 12-Gauge Less Lethal Round Description: A less lethal 2 ¾ inch 12-gauge shotgun shell firing a Super-Sock bean bag round.
Quantity Owned/Sought: 100 Lifespan: 5 years
Equipment Capabilities: 12-gauge “Super-Sock” bean bag round with an effective range between 5 and 20 yards.
Manufacturer Product Description: Super Sock projectile is in it’s deployment state immediately upon exiting the weapon’s barrel. It does not require a minimum range to “unfold” or “stabilize”. Optimal ranges are between 5 and 20 yards.
Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.
Fiscal Impacts: Approximately $5.24 per round
Legal/Procedural Rules Governing Use: Refer to policies 300, 301, 301.8-301.11 Training Required: Sworn members utilizing the Remington 870 less-lethal shotguns are trained in their use by CA POST-certified less-lethal instructors.
Compliance Mechanisms: Use is subject to the applicable policies 300.5, 300.5.1, 300.5.3, 301, 303.4. 113
Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Section Two: Qualifying equipment not owned but utilized by the Capitola Police Department 706.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with Departmental policy. Military equipment can be used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in a law enforcement operation in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid as defined by Government Code § 7070; Government Code § 7071; and Government Code § 7072.
Section Three: Qualifying Equipment to be procured by the Capitola Police Department Lethal Weapon
Equipment Type: Semi-Automatic Patrol Rifles - These rifles will replace the Colt M4 and will be standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and the interest of transparency.
Description: Primary Weapons System MK107 with RC2 Suppressor Quantity Owned/Sought: 6 sought – Department Lifespan: 10 years Equipment Capabilities: A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Manufacturer Product Description: The Primary Weapons System MK107 Mod 1-M is a 7.75” semiautomatic AR-15 platform rifle. The rifle features a long stroke piston system with a three-way adjustable gas system. The size, weight, and reliability are unmatched by any standard production rifle company. The Surefire suppressor protects the operator and the public. The suppressor is proven to provide a minimal impact shift and group size to ensure accuracy in the field.
Purpose/Authorized Uses: The PWS MK107 enables officers when in compliance with the CPD’s Use of Force Policy, to address short to long-distance threats, or those threats who are heavily armed, armored, or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal Impacts: $2,049 (each)
Legal/Procedural Rules Governing Use: Use is subject to the applicable policies 300, 300.4, 300.4.1, 300.4.2, 300.5.1, 300.5.2, 300.5.3, 300.11, 303.
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Item 9 D.
Andrew Dally
Chief of Police CITY OF CAPITOLA
POLICE DEPARTMENT
Training Required: Officers must complete a CA POST certified 16-hour patrol rifle course and annual department firearms training and qualifications as required by law and policy.
Compliance mechanisms: Use is subject to the applicable policies 300.4, 300.9, 303.3.2, 303.5, 303.7, 303.8, 303.9.
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
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(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
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or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
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authority, and, if applicable, what le
gally enforceable sanctions are put in
place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
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the military equipment until it recei
ves the approval of the governing body
in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
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(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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