Agenda packet — Capitola City Council, May 12, 2022 (part 1 of 2)

City of Capitola
City Council Meeting Agenda
Thursday, May 12, 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 Jacques Bertrand, Yvette Brooks, Kristen Brown, Vice Mayor Margaux Keiser, and Mayor Sam Storey

2. Additions and Deletions to the Agenda

3. Report on Closed Session

4. Additional Materials
Additional information submitted to the City after distribution of the agenda packet.

5. 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 1 City Council Meeting Agenda – May 12, 2022
City of Capitola Page 2
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.

6. Staff / City Council Comments
Comments are limited to three minutes.

7. 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 minutes from the April 28, 2022, regular City Council meeting Recommended Action: Approve minutes.

B. Approval of City Check Registers Dated April 1, April 8, April 15, April 22, and April 29 Recommended Action: Approve check registers.

C. Updated Travel Reimbursement Policy
Recommended Action: Approve amended Administrative Policy III-2: Employee & Public Official Travel Expense Reimbursement & Travel Regulations.

D. Contract for Housing Element Update
Recommended Action: Authorize the City Manager to enter a contract with RRM Design Group in the amount of $183,560 for the Housing Element Update.

E. 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
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. Application from the Capitola Village and Wharf Business Improvement Association to Replace Arbor Sign at Stockton Avenue and Capitola Avenue Recommended Action: Consider an application from the Capitola Village and Wharf Business Improvement Association to replace the sign hanging at the Stockton-Capitola Avenue arbor with a surfboard-style sign.

B. Women on Waves Surf and Swim Contest
2 City Council Meeting Agenda – May 12, 2022
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Recommended Action: Consider expanding Women on Waves Surf and Swimming Contest, a previously approved General Special Event, from a one-day to a two-day event.

C. Senate Bill 9 Residential Developments and Urban Lot Splits Ordinance Recommended Action: 1) Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola adding Municipal Code Chapters 16.78 and 17.75, adding Municipal Code section 16.08.020, and amending section 17.74.040 for the implementation of government code sections 66411.7 and 65852.21 related to Urban Lot Splits and Senate Bill 9 Residential Developments; and 2) Adopt proposed resolution Authorizing Submittal to the California Coastal Commission for the Certification of an Amendment to the Local Coastal Program Adding Municipal Code Chapters 16.78 and

17.75, adding Municipal Code Section 16.08020, and Amending Section 17.74.040 for the Implementation of Government Code Sections 66411.7 and 65852.21 Related to Urban Lot Splits and Senate Bill 9 Residential Developments.

D. Objective Standards for Multifamily and Mixed-Use Residential Ordinance Recommended Action: 1) Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola adding Municipal Code Chapter 17.82 to establish objective standards for multifamily dwellings and mixed-use residential development, amending section 17.16 Residential Zoning Districts, section 17.20 Mixed Use Zoning Districts, and 17.24 Commercial and Industrial Zoning Districts to reference Chapter

17.82 Objective Standards for Multifamily Dwellings and Mixed-Use Residential Development; and 2) Adopt the proposed resolution Authorizing Submittal to the California Coastal Commission for the Certification of an Amendment to the Local Coastal Program.

9. 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 at https://www.cityofcapitola.org/meetings
 Spectrum Cable Television channel 8
 City of Capitola, California YouTube Channel
To Join Zoom by Computer or Phone:
 Meeting ID: 814 9248 3812
 Meeting Passcode: 426714
 Meeting link:
https://us02web.zoom.us/j/81492483812?pwd=bnJJN25aYkRhRHlUajAzM3o1cnpDQT09  Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799 To make public comment:
3 City Council Meeting Agenda – May 12, 2022
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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. You will have three minutes to speak, and emails will be read aloud for no longer than three minutes. They Mayor will announce the public comment period for each agenda item.  If you have joined the Zoom Meeting: Use participant option to “raise hand”. The moderator will unmute you
 If called in over the phone: Dial *9 on your phone to “raise your hand”. The moderator will unmute you
 If you want to send an email: During the meeting, email written public comment to [email protected]
o 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
o Emailed comments should be a maximum of 450 words, which corresponds to approximately 3 minutes of speaking time
o 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: May 12, 2022
From: City Manager Department
Subject: Consider the minutes from the April 28, 2022, regular City Council meeting
Recommended Action: Approve minutes.

Discussion: Attached for Council review and approval are the draft minutes from the regular City Council meeting held on April 28, 2022.

Attachments:

1. April 28 draft
Report Prepared By: Chloé Woodmansee, City Clerk
Reviewed/Approved By: Jamie Goldstein, City Manager
5 Item 7 A.

City of Capitola
City Council Meeting Minutes
Thursday, April 28, 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 – 6:15 PM
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Gov’t Code § 54956.9(d)(4).

One potential case

CONFERENCE WITH LABOR NEGOTIATORS
(Gov’t Code § 54957.6)
Negotiator: Larry Laurent
Employee Organizations: (1) Association of Capitola Employees; (2) Police Captains; 3) Mid-Management Group; (4) Department Heads; (5) Confidential Employees; (6) Capitola Police Officers Association
Regular Meeting of the Capitola City Council – 7 PM

1. Roll Call and Pledge of Allegiance
Council Members Jacques Bertrand, Kristen Brown, Vice Mayor Margaux Keiser, and Mayor Sam Storey were present. Council Member Brooks joined the meeting at around 8:05pm.

2. Additions and Deletions to the Agenda

3. Presentations
A. Acknowledge Local Government Academy Class of 2022
City Manager Goldstein congratulated this year’s 25 participants of the local government academy; the Mayor thanked those who attended the workshops for showing interest and dedicating time to learning about the City of Capitola.

4. Report on Closed Session
City Attorney Zutler said that direction was given to staff on the items on the agenda.

5. Additional Materials
A. Item 7.E – seven public comment emails.

6. Oral Communications by Members of the Public
6 Item 7 A.

City Council Meeting Minutes – April 28, 2022
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Marley Morales, Program Coordinator for Ventures, and spoke about the organization which helps working class families obtain an equitable financial future. She invited the City to consider a program such as “A Santa Cruz Like Me”, which is a partnership between Ventures and the County of Santa Cruz.

7. Staff / City Council Comments
Public Works Director Jesberg announced that, as hoped, the City has been granted funding from Central Coast Community Energy to pay for an electric street sweeper, however there is a delay in receiving funds.

Council Member Brown announced that May is both Community Action Month and Affordable Housing Month.

8. Consent Items
Motion: Approve, Pass, Determine, and Adopt, as recommended Result: Passed, 4:0 (Unanimous)
Mover: Council Member Brown
Seconder: Vice Mayor Keiser
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brown

Absent: Council Member Brooks
A. Consider the minutes from the April 14, 2022, regular City Council meeting Recommended Action: Approve minutes.

B. Consider Adding a Section to the Municipal Code in Accordance with Assembly Bill 481 Recommended Action: Pass an ordinance adding Section 2.60 to the Capitola Municipal Code, approving a Military Equipment Use Policy for Police Services.

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
A. Approval of Plans, Specifications, and Budget for the Clares Street Traffic Calming Project
Recommended Action: Approve the plans, specifications, and construction budget of $1,153,000 for the Clares Street Traffic Calming Project and authorize the Department of Public Works to advertise for construction bids.

Project Manager Project Manager Mozumder presented a staff report.

Council Member Bertrand confirmed that there is no RDA money for this project.

Mayor Storey confirmed that the project’s proposed bike lane at the 41st intersection, which serves to the center, follows best practices, and is preferred by the biking committee.
7 Item 7 A.

City Council Meeting Minutes – April 28, 2022
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Council Member Bertrand asked about community outreach for affected residents.

Mayor Storey asked about the dedicated bike lanes at intersections and how the lane is protected. Director Jesperg explained that this layout is preferred for bicyclists and there are currently two other City intersections in this layout.

In public comment, Bridget Hawkins enquired about the Clares Street crosswalk and if a calming bump was also planned.

Mayor Storey asked about the durability of the decorative crosswalk; Project Manager Mozumder said that the thermoplastic used is quite lasting.

Council Member Brown complimented the project.

Vice Mayor Keiser thanked staff for the work on this project.

Council Member Bertrand commented that the area is dark at night, which should be considered.

Motion: Approve the project plans, specifications, and $1,153,000 budget and authorize the advertising of bids
Result: Passed, 4:0 (Unanimous)
Mover: Council Member Brown
Seconder: Vice Mayor Keiser
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brown

Absent: Council Member Brooks
B. Presentation Regarding Senate Bill 9 and Draft City Ordinance Recommended Action: Accept staff presentation.

Community Development Director Herlihy presented a staff report.

Mayor Storey asked about a section of the ordinance regarding limitations of demolishing affordable/rental housing and asked that staff research and come back with more information.

Mayor Storey reordered the rest of the agenda, as Council Member Brooks joined the meeting; the remaining items were heard in this order: Item 9.E, Item 9.D, Item 9.C.

C. Presentation on Objective Standards for Multifamily and Mixed-Use Residential and Related Upcoming Proposed Ordinance
Recommended Action: Accept staff presentation.

Director Herlihy presented a brief staff report.

Council Member Bertrand clarified that if an applicant proposes a project that meets the intent of the Bill the project still has potential for approval but must be heard by Planning Commission.

There was no public comment.

D. Temporary Village Parking Committee Goals and Appointments Recommended Action: Approve the goals for the Temporary Village Parking Committee, consider applications, and make appointments to the committee including three Village business representatives, three City residents, one member of the Finance Advisory Committee, and two members of City Council.
8 Item 7 A.

City Council Meeting Minutes – April 28, 2022
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Director Jesberg presented a staff report, and Clerk Woodmansee explained the appointment requirements.

There was no public comment.

Motion: Adopt proposed committee goals
Result: Passed, 5:0 (Unanimous)
Mover: Vice Mayor Keiser
Seconder: Council Member Brown
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
Motion: Appoint Anthony Guarjardo, Vicki Guinn, and Carin Hanna to the Temporary Village Parking Committee as Village Business Representatives Result: Passed, 5:0 (Unanimous)
Mover: Vice Mayor Keiser
Seconder: Council Member Brooks
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
Motion: Appoint Dennis Norton, Molly Ording, and Peter Wilk to the Temporary Village Parking Committee as City Residents
Result: Passed, 5:0 (Unanimous)
Mover: Council Member Brown
Seconder: Council Member Brooks
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
Motion: Appoint Council Members Bertrand and Vice Mayor Keiser to the Temporary Village Parking Committee as Council representatives
Result: Passed, 5:0 (Unanimous)
Mover: Council Member Brooks
Seconder: Council Member Brown
Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
E. Temporary Outdoor Dining Program
Recommended Action: 1) Receive a report on the coastal commission certification of Ordinance 1050: Outdoor Dining in the Public Right of Way; and 2) Consider adopting the proposed resolution extending the COVID-19 temporary outdoor dining use permits with new modified conditions, including fees.

Vice-Mayor Keiser was recused from the item.

Director Herlihy presented the staff report.

Council Member Bertrand asked if the reduced use of outdoor dining spaces correlates with the relaxation of COVID restrictions. He confirmed that restaurant owners were informed of potential changes.

Council Member Brooks asked about proposing changes to the City Ordinance regarding outdoor dining.
9 Item 7 A.

City Council Meeting Minutes – April 28, 2022
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Council Member Brown confirmed that any changes to the Ordinance would require submittal to Coastal Commission for certification.

Mayor Storey asked about the required planters.

In public comment, Peter Wilk said he did not support outdoor dining on the Esplanade.

Linda Smith asked that temporary outdoor dining be extended until at least the end of September. Josh Fisher supported all proposed conditions but asked that the cost be cut in half with an extension to October 1. Police Chief Dally spoke on behalf of the Public Safety Foundation and the Car Show scheduled for June 11 and 12; he said the event can go on if temporary outdoor dining is extended. Via email, Doug Conrad wrote about why outdoor dining spaces were empty at the time that City staff surveyed them and asked that patron safety be considered. Doug spoke against the proposed fee and encouraging safer nicer looking design for the permanent outdoor dining spaces.

Council Member Bertrand supported changing the open day requirement from five to four days.

Council Member Brown suggested extending the temporary program until two months after Coastal Commission Certification of Ordinance 1050.

Council Member Brooks confirmed that any extension would be longer than two months.

Mayor Storey said he was concerned about patron safety and that appropriate replacements for benches are used. He suggested a lower rate per square foot.

Motion: Adopt proposed resolution with the edits read by the City Attorney, including extending the temporary outdoor dining program in the entire City until two months after the Coastal Commission adopts Ordinance 1050; requiring 1) 4 open days 2) the removal of all benches 3) a $500 deposit and 4) rent of $200 a month per space Result: Passed, 4:0 (Unanimous)
Mover: Council Member Brown
Seconder: Council Member Bertrand
Yea: Mayor Storey, Council Member Bertrand, Council Member Brooks, Council Member Brown
Recused: Vice Mayor Keiser

10. Adjournment
The meeting was adjourned at 9:50PM to the next regular City Council meeting on May 12, 2022.
10 Item 7 A.

Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: Finance Department
Subject: Approval of City Check Registers Dated April 1, April 8, April 15, April 22, and April 29
Recommended Action: Approve check registers.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
4/1/2022 100247 100276 35 $ 180,297.93
4/8/2022 100277 100320 45 $ 133,265.96
4/15/2022 100321 100410 96 $ 200,563.69
4/22/2022 100411 100445 35 $ 98,146.34
4/29/2022 100446 100488 50 $ 186,057.44
The main account check register dated March 25, 2022, ended with check #100246.

Account: Library
Date Starting Check # Ending Check # Payment
Count Amount
The library account check register dated March 4, 2022, ended with check #301.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
4/8/2022 19115 19215 101 $ 171,221.49
4/22/2022 19216 19304 89 $ 168,691.52
The payroll account check register dated March 25, 2022, ended with EFT #19114.

Following is a list of payments issued for more than $10,000 and descriptions of the expenditures:

Check/
EFT Issued to Dept Description Amount
100255 CSG Consultants CD February plan review and
inspection services $ 13,796.69
100265 McKim Corporation PW Road repair project $ 33,734.50 100273 Workbench CD
SB2 ADU construction
documents, engineer
coordination
$ 14,285.00
1299 CalPERS Member
Services FN PERS contributions PPE 3/25/22 $ 55,778.46
1301 IRS FN Federal taxes & Medicare PPE $ 28,278.27
11 Item 7 B.
3/19/22
100308 Santa Cruz County
Auditor-Controller PD March citation processing $ 16,961.00 1304 CalPERS Health CM April health insurance $ 60,324.29 100330 Bear Electrical Solutions PW Flashing crosswalk pole $ 12,600.00 100345 Economic & Planning
Systems CD Affordable housing nexus study & feasibility analysis $ 13,533.75 1305 CalPERS Member
Services FN PERS contributions PPE 4/2/22 $ 56,318.24
1307 IRS FN Federal taxes & Medicare PPE
4/2/22 $ 29,314.03
100411 Wells Fargo Bank CM March credit card charges $ 13,117.65 100418 Burke Williams &
Sorensen CM February legal services $ 17,056.92
100435 PG&E PW April gas & electricity $ 15,130.47
100439 Soquel Creek Water
District PW Water service $ 10,288.79
100481 Visit Santa Cruz County FN January – March tourism marketing district $ 28,933.81
1313 CalPERS Member
Services FN PERS contributions PPE 4/16/22 $ 56,318.33
1315 IRS FN Federal taxes & Medicare PPE
4/16/22 $ 28,833.04
Attachments:

1. 4-1-22 Check Register

2. 4-8-22 Check Register

3. 4-15-22 Check Register

4. 4-22-22 Check Register

5. 4-29-22 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 7 B.
13 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100247 04/01/2022 $182.47
Invoice Date Amount
1557834-5 03/25/2022 $182.47
100248 04/01/2022 $1,437.50
Invoice Date Amount
4114 03/04/2022 $1,437.50
1350 - CDBG
100249 04/01/2022 $40.00
Invoice Date Amount
2 04/01/2022 $40.00
100250 04/01/2022 $812.81
Invoice Date Amount
12485505 04/07/2022 $392.06
12485506 04/07/2022 $420.75
100251 04/01/2022 $212.50
Invoice Date Amount
62838 03/16/2022 $212.50
2211 - IT Fund
100252 04/01/2022 $187.42
Invoice Date Amount
1VC7-4P7Q-3MW7 03/28/2022 $187.42
100253 04/01/2022 $53.90
Invoice Date Amount
1676601 02/16/2022 $53.90
100254 04/01/2022 $174.55
Invoice Date Amount
47114 03/24/2022 $174.55
100255 04/01/2022 $13,796.69
Invoice Date Amount
B220266 03/01/2022 $10,148.69
42404 03/11/2022 $3,648.00

A TOOL SHED
Description
Camp day 6/29

ALLIED UNIVERSAL
Description
February CDBG CV2-3 admin.

AGILITY TRIBE LLC
Description
Skid steer tractor brush cutter rental

ADAMS ASHBY GROUP INC
Description
Description
Mutt mitt dispensers

BIG CREEK LUMBER
Description
April antivirus

AMAZON CAPITAL SERVICES
April McGregor skate park foot patrol
April Esplanade park foot patrol

ALVAREZ TECHNOLOGY GROUP INC
Description
February plan review services
February building inspector services
Description
Concrete repair, overlay primer, textured roller, trowel CSG Consultants Inc.

Description
Nobel Gulch cedar railing, split end post
CAPITOL BARRICADE INC.

City of Capitola
City Checks Issued April 1, 2022
Pages: 1 of 5
14 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 1, 2022
100256 04/01/2022 $2,604.93
Invoice Date Amount
16312366 03/21/2022 $322.87
16312352 03/21/2022 $244.42
16317682 03/22/2022 $556.24
16326970 03/23/2022 $234.76
16338301 03/24/2022 $137.45
16238944 03/10/2022 $1,109.19
100257 04/01/2022 $250.02
Invoice Date Amount
9819050 03/21/2022 $250.02
100258 04/01/2022 $1,806.31
Invoice Date Amount
22-494600 03/24/2022 $520.76
22-494599 03/24/2022 $1,285.55
100259 04/01/2022 $1,775.87
Invoice Date Amount
GM032822 03/28/2022 $1,775.87
100260 04/01/2022 $1,746.50
Invoice Date Amount
6620375 03/22/2022 $87.09
7523083 03/21/2022 $50.73
7613094 03/21/2022 $45.68
0510175 03/18/2022 $73.60
2515653 03/16/2022 $43.22
3625650 03/15/2022 $445.88
4625400 03/14/2022 $103.43
3033402 03/15/2022 $231.90
3625618 03/15/2022 $43.08
0626136 03/18/2022 $105.66
1520797 03/07/2022 $60.70
4623614 03/04/2022 $136.36
5623452 03/03/2022 $6.51
6520075 03/02/2022 $40.90
7623142 03/01/2022 $49.85
9624550 03/09/2022 $131.17
9642402 03/09/2022 $65.38
4510894 03/24/2022 $20.67
4620748 03/24/2022 $4.69
1000 - General Fund $1,657.74
1311 - Wharf Fund $88.76
Lawn Way PVC coupling, corner wrench, saw blade, tee
Esplanade park sod
FERGUSON ENTERPRISES LLC #795
Village PVC parts, teflon tape, primer, corner wrench
Lawn Way PVC parts, corner wrench, bucket
Lawn Way corner wrench, PVC parts, bucket, primer, coupling

EWING IRRIGATION
Description
Basketball nets, fertilizer
GEORGE McMENAMIN
Description
March riparian restoration, vinca control, site checks
Description
80 gallons diesel
225 gallons gasoline
Description
Jade St. supplies

FLYERS ENERGY LLC
Wrench, circuit breaker
Village trash cans, door stopper, lumber, bolt
Fileset, pliers, cleanout plugs, adapters, steel flange Jade St. supplies
Flap discs, wheel brush
Rust stopper, cable ties, earbuds

HOME DEPOT CREDIT SERVICES
Description
Bathroom cleaning supplies
Nozzle, broom, floor brush
Jade St. bathroom supplies
Caster wheels for dolly, lag screws
Jade St. bathroom supplies
Jade St. kitchen faucet
Screw driver set
Jade St. supplies
Wharf supplies
Jade St. supplies
Jade St. bathroom supplies
Esplanade bathroom screws
Esplanade bathroom door stop
Pages: 2 of 5
15 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 1, 2022
100261 04/01/2022 $431.36
Invoice Date Amount
442312 03/28/2022 $431.36
100262 04/01/2022 $637.31
Invoice Date Amount
Q-86652 03/29/2022 $637.31
100263 04/01/2022 $252.59
Invoice Date Amount
120120373 03/28/2022 $252.59
100264 04/01/2022 $171.03
Invoice Date Amount
A0321252 03/28/2022 $171.03
100265 04/01/2022 $33,734.50
Invoice Date Amount
20901-2 02/22/2022 $33,734.50
1308 - SB1 Road Maint. & Rehab $16,867.25
1309 - RTC $16,867.25
100266 04/01/2022 $551.14
Invoice Date Amount
M-1634195 03/02/2022 $6.47
M-1660893 03/22/2022 $509.40
M-1661822 03/23/2022 $35.27
100267 04/01/2022 $97.23
Invoice Date Amount
2763-269431 03/18/2022 $97.23
100268 04/01/2022 $947.34
Invoice Date Amount
E94891 02/28/2022 $28.30
E96147 03/02/2022 $13.82
E98613 03/07/2022 $34.18
E98754 03/07/2022 $55.57
F02766 03/14/2022 $66.97
F06416 03/21/2022 $30.48
F06842 03/22/2022 $225.25
F08558 03/25/2022 $43.59
F08498 03/25/2022 $28.32
F08504 03/25/2022 $109.99
F09066 03/26/2022 $26.98
F07960 03/24/2022 $283.89
IN-SITU Inc.

Description
VuLink CI

HOSE SHOP
Description
Crimp fittings, clamp, nylon sleeve, hose assembly, brass balls McKim Corporation
Description
2021 road repair project
KING'S PAINT AND PAPER INC.

Description
Jade St. paint supplies, steel wool, brushes

INTERSTATE BATTERY SYSTEM OF SAN JOSE
Description
Batteries
Description
Semi-met pad, spark plugs, air filter

OUTDOOR SUPPLY HARDWARE
Alternator
Valve stem seal

O'REILLY AUTO PARTS

MID COUNTY AUTO SUPPLY
Description
Filter wrench
ABS P-trap
Folding knife, plumbing sealant, epoxy, adhesive, pipe wrap Noble Gulch green poultry fence
Brass pipe, brass nipple
Wrecking bar, supplies
Crimp wire wheel, stop rust spray, supplies
Description
Socket adapter, socket, supplies
Screw driver, mach scribe
Fleet supplies
Wharf entrance plants
Noble Gulch cable ties, green poultry fence, U-post
Loop chain, lap links
Pages: 3 of 5
16 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 1, 2022
100269 04/01/2022 $243.94
Invoice Date Amount
453343 03/28/2022 $243.94
100270 04/01/2022 $520.00
Invoice Date Amount
1783-02-0222 03/15/2022 $520.00
100271 04/01/2022 $15.38
Invoice Date Amount
14508-434251 02/23/2022 ($52.01)
14508-437286 03/28/2022 $67.39
100272 04/01/2022 $432.47
Invoice Date Amount
10-16317-0031522 03/15/2022 $270.57
10-16315-0031522 03/15/2022 $53.61
10-16316-0031522 03/15/2022 $108.29
100273 04/01/2022 $14,285.00
Invoice Date Amount
21097-107 03/17/2022 $14,285.00
100274 04/01/2022 $500.00
Invoice Date Amount
21-0455 03/15/2022 $500.00
100275 04/01/2022 $500.00
Invoice Date Amount
21-0555 03/15/2022 $500.00
100276 04/01/2022 $500.00
Invoice Date Amount
21-0220 03/15/2022 $500.00
$78,900.76
1299 03/28/2022 $55,778.46
Invoice Date Amount
1002074265-8 03/25/2022 $55,778.46
1001 - Payroll
1300 03/28/2022 $8,181.76
Invoice Date Amount
0-236-976-736 03/25/2022 $8,181.76
1001 - Payroll
Safety glasses

RRM DESIGN GROUP
Description

PK SAFETY SUPPLY
Description
Description
420 Capitola Ave. water
504 Beulah Dr. water
Returned fuel filter
Primer, gloves, kitty hair, string refill

SOQUEL CREEK WATER DISTRICT
#21-0122 720 Hill St. hotel design peer review services SANTA CRUZ AUTO PARTS INC.

Description
Tree deposit refund
Todd McClean
Description
SB2 ADU constructions docs, engineer coordination
Ronald MacDonald
Description
426 Capitola Ave. water

WORKBENCH
Description

EMPLOYMENT DEVELOPMENT DEPARTMENT
Description
State taxes PPE 3/19/22
CalPERS Member Services Division
Description
PERS contributions PPE 3/25/22
Tree deposit refund 620 Capitola Ave.

Check Totals:

EFT
Tree deposit refund 533 Riverview Dr.

Walter Hickey
Description
Pages: 4 of 5
17 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 1, 2022
1301 03/28/2022 $28,278.27
Invoice Date Amount
91504778 03/25/2022 $28,278.27
1001 - Payroll
1302 03/28/2022 $1,575.68
Invoice Date Amount
39205404 03/25/2022 $1,575.68
1001 - Payroll
1303 03/28/2022 $7,583.00
Invoice Date Amount
VOYA032522 03/25/2022 $7,583.00
1001 - Payroll
$101,397.17
Main City Totals Count Total
Checks 30 $78,900.76
EFTs 5 $101,397.17
All 35 $180,297.93
EFT Totals:

VOYA FINANCIAL
Description
Employee 457 contributions PPE 3/19/22

STATE DISBURSEMENT UNIT
Description
Employee garnishments PPE 3/19/22

INTERNAL REVENUE SERVICE
Description
Federal taxes & Medicare PPE 3/19/22
Pages: 5 of 5
18 Item 7 B.
19 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100277 04/02/2022 $337.88
Invoice Date Amount
2615321-2 03/12/2022 $337.88
100278 04/08/2022 $394.75
Invoice Date Amount
AH032722 03/27/2022 $394.75
100279 04/08/2022 $225.21
Invoice Date Amount
ADT032922 03/29/2022 $225.21
100280 04/08/2022 $1,403.12
Invoice Date Amount
713737 03/29/2022 $1,403.12
1001 - Payroll
100281 04/08/2022 $442.00
Invoice Date Amount
AF032422 03/24/2022 $442.00
100282 04/08/2022 $785.08
Invoice Date Amount
1NGG-1RWK-9GYJ 03/24/2022 $22.53
1Q3J-RKKM-49R7 03/24/2022 $543.91
16GG-KQT9-G663 03/28/2022 $54.99
173K-HRC6-3FPC 03/28/2022 $8.88
17J6-6VY9-VCP9 03/30/2022 $99.18
1196-F6F9-VTHJ 04/02/2022 $55.59
1000 - General Fund $566.44
2211 - IT Fund $218.64
100283 04/08/2022 $375.00
Invoice Date Amount
FY22INEFI103435 03/31/2022 $125.00
FY22INEFI098421 01/31/2022 $125.00
FY22INEFI100913 02/28/2022 $125.00
2211 - IT Fund
100284 04/08/2022 $207.64
Invoice Date Amount
18401047 03/23/2022 $30.54
18420371 03/30/2022 $177.10

PET PALS DISCOUNT PET SUPPLIES
Description
City of Capitola
City Checks Issued April 8, 2022
Corp. yard & museum ADT monitoring
AFLAC
Description
Instructor payment
ADT SECURITY SERVICES INC.

Description
K-9 supplies

ADRIENNE HARRELL
Description
Railroad board
Prime membership
Surface USB-C to ethernet adapter
Instructor payment

AMAZON CAPITAL SERVICES
Description
March supplemental insurance

ALEX FERBER
Description
January AppAssure storage
February AppAssure storage

BAY PHOTO LAB

AXCIENT
Description
March AppAssure storage
Monitor cable
Wireless mouse, wireless keyboard
Wireless mouse
Description
Museum prints, styrene mounting
Museum metal print, float hanger
Pages: 1 of 6
20 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 8, 2022
100285 04/08/2022 $71.50
Invoice Date Amount
BA032722 03/27/2022 $71.50
100286 04/08/2022 $5,304.60
Invoice Date Amount
B04WJG 03/30/2022 $5,304.60
1000 - General Fund $13.80
1001 - Payroll $5,290.80
100287 04/08/2022 $1,638.00
Invoice Date Amount
POA032522 03/25/2022 $1,638.00
1001 - Payroll
100288 04/08/2022 $9,262.62
Invoice Date Amount
CSCC022822 03/31/2022 $9,262.62
1305 - Restricted TOT
100289 04/08/2022 $1,619.04
Invoice Date Amount
CH040122 04/01/2022 $1,619.04
1321 - BIA
100290 04/08/2022 $52.00
Invoice Date Amount
CF032722 03/27/2022 $52.00
100291 04/08/2022 $5,862.92
Invoice Date Amount
29584 03/31/2022 $5,862.92
1000 - General Fund $5,015.48
1311 - Wharf Fund $847.44
100292 04/08/2022 $1,014.00
Invoice Date Amount
3077 03/31/2022 $1,014.00
100293 04/08/2022 $234.00
Invoice Date Amount
CK032722 03/27/2022 $234.00
BENEFIT COORDINATORS CORP.

Description
March dental & vision insurance

BECKY ADAMS
Description
Instructor payment

CARIN HANNA
Description
BIA storage, mailchimp, website, SOS filing reimbursement

CAPITOLA-SOQUEL CHAMBER OF COMMERCE
Description
November - February TOT

CAPITOLA PEACE OFFICERS ASSOCIATION
Description
POA & gym dues PPE 3/19/22

COMMUNITY TELEVISION OF SANTA CRUZ COUNTY
Description
February televised meetings
CLEAN BUILDING MAINTENANCE CO.

Description
March janitorial services

CLAUDIO FRANCA
Description
Instructor payment

CYNTHIA KASKEY
Description
Instructor payment
Pages: 2 of 6
21 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 8, 2022
100294 04/08/2022 $1,244.10
Invoice Date Amount
DC032722 03/27/2022 $1,244.10
100295 04/08/2022 $214.40
Invoice Date Amount
DSA033122 03/24/2022 $214.40
100296 04/08/2022 $3,634.98
Invoice Date Amount
GE032722 03/27/2022 $3,634.98
100297 04/08/2022 $1,250.00
Invoice Date Amount
SIN015722 02/28/2022 $1,250.00
100298 04/08/2022 $477.00
Invoice Date Amount
22-61745 04/01/2022 $477.00
100299 04/08/2022 $34.98
Invoice Date Amount
55Y1263766 04/01/2022 $34.98
1000 - General Fund $24.00
2211 - IT Fund $10.98
100300 04/08/2022 $1,099.80
Invoice Date Amount
LA032722 03/27/2022 $1,099.80
100301 04/08/2022 $97.50
Invoice Date Amount
LJ032422 03/24/2022 $97.50
100302 04/08/2022 $1,075.20
Invoice Date Amount
FF9685 03/25/2022 $1,075.20
1001 - Payroll
100303 04/08/2022 $221.00
Invoice Date Amount
MM032722 03/27/2022 $221.00
Division of the State Architect
Description
January - March disability access & education fees

DAVID SCOTT COBABE
Description
Instructor payment

INTERNATIONAL BRONZE PLAQUE COMPANY
Description
Memorial bench plaques (3)

HINDERLITER DELLAMAS AND ASSOCIATES
Description
TOT and STR admin. fees

GINA ENRIQUEZ
Description
Instructor payment

LINDSAY MITCHELL JOHNSON
Description
Instructor payment

LAURA ALIOTO
Description
Instructor payment
KBA Document Solutions LLC
Description
City Hall & Recreation copier usage charges

MELINDA LEE MOXLEY
Description
Instructor payment

LIUNA PENSION FUND
Description
March LIUNA dues
Pages: 3 of 6
22 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 8, 2022
100304 04/08/2022 $210.60
Invoice Date Amount
ML032422 03/24/2022 $210.60
100305 04/08/2022 $419.52
Invoice Date Amount
62658 03/21/2022 $281.78
62690 03/31/2022 $137.74
1000 - General Fund $137.74
2210 - Stores Fund $281.78
100306 04/08/2022 $366.80
Invoice Date Amount
NAA032722 03/27/2022 $366.80
100307 04/08/2022 $7,385.50
Invoice Date Amount
21-22-4CA 03/24/2022 $7,385.50
100308 04/08/2022 $16,961.00
Invoice Date Amount
SCC033122 03/31/2022 $16,961.00
100309 04/08/2022 $60.00
Invoice Date Amount
2022-00000974 04/01/2022 $60.00
100310 04/08/2022 $193.71
Invoice Date Amount
TM032122 03/21/2022 $193.71
100311 04/08/2022 $498.00
Invoice Date Amount
16285 03/29/2022 $498.00
100312 04/08/2022 $2,668.00
Invoice Date Amount
00019 04/01/2022 $2,668.00
1321 - BIA

MICHAEL G LEW
Description
Instructor payment
Instructor payment

SANTA CRUZ COUNTY ANIMAL SHELTER
Description
Planning and building business cards

NATIONAL ACADEMY OF ATHLETICS
Description

MISSION PRINTERS
Description
Envelopes (1.500)
New hire live scans

T MOBILE
Description
March citation processing
SANTA CRUZ LIVE SCAN INC.

Description
Quarterly animal services contribution

SANTA CRUZ COUNTY AUDITOR-CONTROLLER
Description
April BIA marketing, website management, media boost
Citywide garage sale advertising

TODD HANSON
Description
March cell phone usage
TIMES PUBLISHING GROUP INC.

Description
Pages: 4 of 6
23 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 8, 2022
100313 04/08/2022 $1,652.75
Invoice Date Amount
154792772-0 03/23/2022 $1,652.75
1000 - General Fund $922.13
2211 - IT Fund $730.62
100314 04/08/2022 $20.00
Invoice Date Amount
UW032522 03/25/2022 $20.00
1001 - Payroll
100315 04/08/2022 $4.30
Invoice Date Amount
0000954791142 04/02/2022 $4.30
100316 04/08/2022 $174.40
Invoice Date Amount
468387519 03/24/2022 $174.40
2210 - Stores Fund
100317 04/08/2022 $315.01
Invoice Date Amount
468715818 03/28/2022 $315.01
2210 - Stores Fund
100318 04/08/2022 $399.98
Invoice Date Amount
PARS032522 03/25/2022 $399.98
1001 - Payroll
100319 04/08/2022 $2,890.78
Invoice Date Amount
9901533531 03/10/2022 $2,890.78
100320 04/08/2022 $143.00
Invoice Date Amount
37312348 04/05/2022 $143.00
$72,941.67

TPX COMMUNICATIONS
Description
Missing PLD fees

US BANK EQUIPMENT FINANCE
Description
March employee United Way contributions
UPS
Description
March phone service

UNITED WAY OF SANTA CRUZ COUNTY
Description
PARS contributions PPE 3/25/22

VERIZON WIRELESS
Description
City Hall copier lease
US BANK PARS Acct 6746022400
Description
City Hall copier lease

US BANK EQUIPMENT FINANCE
Description
Class refund
Check Totals:

March telephone charges
Anne Marie Miles
Description
Pages: 5 of 6
24 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 8, 2022
1304 04/04/2022 $60,324.29
Invoice Date Amount
1002078307 04/01/2022 $60,324.29
1000 - General Fund $3,460.69
1001 - Payroll $56,863.60
$60,324.29
Main City Totals Count Total
Checks 44 $72,941.67
EFTs 1 $60,324.29
All 45 $133,265.96
Payroll Totals
Checks 0 $0.00
EFTs 101 $171,221.49
All 101 $171,221.49
Grand Totals:

Checks 44 $72,941.67
EFTs 102 $231,545.78
All 146 $304,487.45
EFT Totals:

CalPERS Health Insurance
Description
April health insurance
EFT
Pages: 6 of 6
25 Item 7 B.
26 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100321 04/15/2022 $410.00
Invoice Date Amount
20226397 03/29/2022 $410.00
100322 04/15/2022 $1,000.00
Invoice Date Amount
4166 04/01/2022 $1,000.00
1350 - CDBG
100323 04/15/2022 $281.45
Invoice Date Amount
AH041222 04/12/2022 $281.45
100324 04/15/2022 $379.42
Invoice Date Amount
12485489 04/07/2022 $379.42
100325 04/15/2022 $13.08
Invoice Date Amount
53590 03/31/2022 $13.08
100326 04/15/2022 $527.83
Invoice Date Amount
1VP6-6VNJ-7FVJ 04/03/2022 $198.15
1WGX-QN4R-3DY6 04/06/2022 $15.25
1Y6Q-JQFC-11WR 04/07/2022 $166.60
1VJC-WM4K-1LXL 04/07/2022 $78.07
1YPX-RGTQ-4M3P 04/13/2022 $69.76
100327 04/15/2022 $1,504.20
Invoice Date Amount
492913 03/18/2022 $54.48
493387 03/25/2022 $1,220.79
494291 04/07/2022 $228.93
100328 04/15/2022 $36.08
Invoice Date Amount
P50177315 03/30/2022 $36.08
100329 04/15/2022 $600.00
Invoice Date Amount
45659 03/25/2022 $600.00
City of Capitola
March CDBG CV1 admin.

ADRIENNE HARRELL
Description
PD HVAC maintenance

ADAMS ASHBY GROUP INC
Description

ACCO ENGINEERED SYSTEMS
Description
City Checks Issued April 15, 2022
Keys

AMAZON CAPITAL SERVICES
Description
April Jade St. park foot patrol

ALLSAFE LOCK COMPANY
Description
Instructor payment

ALLIED UNIVERSAL
Description
Description
Saw blade
AR 2000 kit
Belt buckle, wireless portable charger
Yellow jacket traps

B & B SMALL ENGINE REPAIR
Work gloves (15 pairs)
Wireless mouse
COVID-19 antigen rapid tests (10)
Contaminated waste recycling
Batteries
BAYSIDE OIL II INC.

Description
Bar oil, ultra mix oil, supplies

BATTERIES PLUS BULBS
Description
Pages: 1 of 11
27 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100330 04/15/2022 $12,600.00
Invoice Date Amount
15196 03/31/2022 $12,600.00
100331 04/15/2022 $266.50
Invoice Date Amount
BA041222 04/12/2022 $266.50
100332 04/15/2022 $680.26
Invoice Date Amount
CDC033122 03/31/2022 $680.26
100333 04/15/2022 $147.00
Invoice Date Amount
572762 04/05/2022 $147.00
100334 04/15/2022 $197.11
Invoice Date Amount
168382 03/14/2022 $197.11
100335 04/15/2022 $214.20
Invoice Date Amount
CBSC033122 03/31/2022 $214.20
100336 04/15/2022 $1,613.00
Invoice Date Amount
POA040822 04/08/2022 $1,613.00
1001 - Payroll
100337 04/15/2022 $78.80
Invoice Date Amount
503112 04/05/2022 $78.80
100338 04/15/2022 $995.95
Invoice Date Amount
66585888 12/09/2021 $39.62
66585452 05/04/2021 $956.33
100339 04/15/2022 $104.00
Invoice Date Amount
CF041222 04/12/2022 $104.00
BEAR ELECTRICAL SOLUTIONS INC.

Description
Jan. - March strong motion & seismic hazard mapping fees

CA DEPARTMENT OF JUSTICE
Description
Instructor payment

CA DEPARTMENT OF CONSERVATION
Description
Flashing crosswalk pole (reimbursed thru insurance)

BECKY ADAMS
Description
Jan. - March building standards admin. fee

CAPITOLA PEACE OFFICERS ASSOCIATION
Description
CALE card reader

CALIFORNIA BUILDING STANDARDS COMMISSION
Description
Employee fingerprinting
CALE AMERICA INC.

Description
Corp. yard medical supplies
Corp. yard medical supplies

CLAUDIO FRANCA
2011 Tahoe cover

CINTAS CORPORATION
Description
POA & gym dues PPE 4/2/2022

CHEVROLET OF WATSONVILLE
Description
Description
Instructor payment
Pages: 2 of 11
28 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100340 04/15/2022 $455.26
Invoice Date Amount
CAB032522 03/25/2022 $274.15
CAB032522-2 03/25/2022 $181.11
5552 - Housing Successor
100341 04/15/2022 $320.50
Invoice Date Amount
CSW033122 03/31/2022 $320.50
100342 04/15/2022 $1,372.80
Invoice Date Amount
CK041222 04/12/2022 $1,372.80
100343 04/15/2022 $874.53
Invoice Date Amount
288788 03/31/2022 $621.13
288789 03/31/2022 $134.05
288790 03/31/2022 $119.35
100344 04/15/2022 $243.60
Invoice Date Amount
DSC041222 04/12/2022 $243.60
100345 04/15/2022 $13,533.75
Invoice Date Amount
201117-5 09/30/2021 $13,533.75
100346 04/15/2022 $118.09
Invoice Date Amount
0164439-IN 03/09/2022 $118.09
100347 04/15/2022 $7.00
Invoice Date Amount
I712164388506 04/07/2022 $7.00
100348 04/15/2022 $1,209.17
Invoice Date Amount
9847753 03/28/2022 $285.78
9847753-1 03/30/2022 $923.39
CRYSTAL SPRINGS WATER CO.

Description
March drinking water
Description
February emergency mortgage assistance
February emergency housing assistance

COMMUNITY ACTION BOARD
Jade st. park hand wash station rental
Cortez park hand wash station

DAVID SCOTT COBABE

D & G SANITATION
Description
Skate park hand wash station, portable toilets

CYNTHIA KASKEY
Description
Instructor payment
Description
Dome badge 531

FASTRAK
Description
Affordable housing nexus study and feasibility analysis ENTENMANN-ROVIN CO.

Description
Instructor payment
ECONOMIC & PLANNING SYSTEMS INC.

Description
Plumbing supplies
Tiolet bowls (5)
Description
Bridge toll
FERGUSON ENTERPRISES LLC #795
Pages: 3 of 11
29 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100349 04/15/2022 $5,102.85
Invoice Date Amount
22-499458 03/30/2022 $2,300.19
22-499460 03/30/2022 $305.88
22-503685 04/11/2022 $2,496.78
100350 04/15/2022 $315.00
Invoice Date Amount
FB041122 04/11/2022 $315.00
100351 04/15/2022 $415.08
Invoice Date Amount
020151521 01/06/2022 ($85.46)
020151515 01/06/2022 ($174.35)
020687228 03/16/2022 $190.29
020687720 03/16/2022 $155.95
020720381 03/21/2022 $138.41
020720728 03/21/2022 $190.24
100352 04/15/2022 $373.92
Invoice Date Amount
10687035 04/01/2022 $373.92
100353 04/15/2022 $124.80
Invoice Date Amount
GE041222 04/12/2022 $124.80
100354 04/15/2022 $1,230.00
Invoice Date Amount
22-079 03/25/2022 $1,230.00
100355 04/15/2022 $456.30
Invoice Date Amount
HKMSC041222 04/12/2022 $456.30
100356 04/15/2022 $302.27
Invoice Date Amount
6032194 04/11/2022 $91.23
1623039 04/06/2022 $47.85
8621860 03/30/2022 $163.19
100357 04/15/2022 $52.50
Invoice Date Amount
INV-038472 03/31/2022 $52.50

FLYERS ENERGY LLC
Description
412 gallons gasoline
Description
Returned pants
Returned boots
Description
Softball sports official

GALLS LLC
50 gallons diesel
450 gallons gasoline
FRED C. BEYERS
April armored car service

GINA ENRIQUEZ
Description
Boots

GARDAWORLD
Description
Patrol uniform pants (2)
Commendation bar, mourning bands
Quick kits
Instructor payment

HOME DEPOT CREDIT SERVICES
Description
Records Tech. background investigation

HO KUK MU SUL CORPORATION
Description
Instructor payment
GUARDIAN PSBI INC.

Description

HUMBOLDT PETROLEUM LLC
Description
March car washes
Diesel exhaust fluid
Hook, bucket, lid, weeder, cultivator
Drop cloth, mixing container, buckets, brushes, paint supplies Pages: 4 of 11
30 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100358 04/15/2022 $298.00
Invoice Date Amount
22-61437 02/25/2022 $298.00
100359 04/15/2022 $127.53
Invoice Date Amount
814026 04/06/2022 $127.53
100360 04/15/2022 $820.90
Invoice Date Amount
21842 04/01/2022 $820.90
100361 04/15/2022 $250.00
Invoice Date Amount
JG041222 04/12/2022 $250.00
100362 04/15/2022 $408.94
Invoice Date Amount
A0321360 03/31/2022 $179.23
A0321736 04/12/2022 $229.71
100363 04/15/2022 $1,491.15
Invoice Date Amount
LA041222-2 04/12/2022 $990.00
LA041222 04/12/2022 $501.15
100364 04/15/2022 $547.69
Invoice Date Amount
69581767 03/22/2022 $201.59
69991862 04/08/2022 $346.10
100365 04/15/2022 $825.50
Invoice Date Amount
MM041222 04/12/2022 $825.50
100366 04/15/2022 $4,178.63
Invoice Date Amount
45790 03/18/2022 $4,178.63
100367 04/15/2022 $511.39
Invoice Date Amount
M-1682152 04/07/2022 $30.46
M-1686072 04/11/2022 $480.93

INTERNATIONAL BRONZE PLAQUE COMPANY
Description
Memorial bench plaques

JAMIE GOLDSTEIN
Description
Digital reading device reimbursement

JACKSON LANDSCAPE
Description
Palm tree replacement, remove roots and stump

INTERSTATE ALL BATTERY CENTER
Description
Range supplies
Instructor payment
Instructor payment
LINDE GAS & EQUIPMENT INC.

Esplanade paint

LAURA ALIOTO
Description
KING'S PAINT AND PAPER INC.

Description
Graffiti paint coverup

METRO MOBILE COMMUNICATIONS
Description
BMW motorcycle wireless helmet radio kit & installation

MELINDA LEE MOXLEY
Description
Instructor payment
Description
Acetylene rental
Welding gas, cutter, energy, fuel, material charges
Batteries

MID COUNTY AUTO SUPPLY
Description
Mower oil
Pages: 5 of 11
31 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100368 04/15/2022 $282.49
Invoice Date Amount
516742543 03/30/2022 $97.07
516742542 03/30/2022 $34.03
516783439 04/06/2022 $34.03
516783440 04/06/2022 $117.36
100369 04/15/2022 $4,384.25
Invoice Date Amount
768213 03/31/2022 $4,384.25
1200 - CIP
100370 04/15/2022 $1,400.00
Invoice Date Amount
1200 04/08/2022 $1,400.00
100371 04/15/2022 $1,929.20
Invoice Date Amount
NAA041222 04/12/2022 $1,929.20
100372 04/15/2022 $1,050.00
Invoice Date Amount
2571 03/28/2022 $1,050.00
100373 04/15/2022 $151.17
Invoice Date Amount
284578CM 03/22/2022 ($138.43)
284624 03/16/2022 $108.46
284749 03/28/2022 $55.88
284869 04/07/2022 $64.00
284902 04/11/2022 $61.26
100374 04/15/2022 $20.81
Invoice Date Amount
2763-273187 04/06/2022 $20.81
Corp. yard uniform cleaning
Fleet uniform cleaning
Fleet towels

MISSION LINEN SUPPLY
Description
Concrete park bench ends mold refurbishment, materials

NATIONAL ACADEMY OF ATHLETICS
Description
Wharf final design

MONTEREY BAY CAST STONE
Description
Corp. yard uniform cleaning, mats, towels

MOFFATT AND NICHOL
Description
Returned gaskets, crankshaft seal assembly, cylinder cover Parts
Door moulding
4320 Clares St. arborist services #22-0009

NORTH BAY FORD
Description
Instructor payment

NIGEL BELTON
Description
Description
Master cylinder
Silicone sealant
Antifreeze

O'REILLY AUTO PARTS
Pages: 6 of 11
32 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100375 04/15/2022 $892.90
Invoice Date Amount
F04060 03/17/2022 $37.01
F04099 03/17/2022 $50.14
F07914 03/24/2022 $28.39
F08469 03/25/2022 $54.89
F10608 03/28/2022 $7.63
F10982 03/29/2022 $50.71
F10983 03/29/2022 $11.98
F11015 03/29/2022 $13.07
F12129 03/31/2022 $21.79
F12280 03/31/2022 $92.56
F19901 04/12/2022 $128.91
F13373 04/02/2022 $33.87
F14776 04/04/2022 $29.47
F16598 04/07/2022 $29.11
F12583 04/01/2022 $34.20
F14756 04/04/2022 $20.70
F14855 04/04/2022 $7.07
F14886 04/04/2022 $124.46
F14954 04/04/2022 $17.43
F17164 04/08/2022 $47.22
F19878 04/12/2022 $52.29
100376 04/15/2022 $102.97
Invoice Date Amount
640800-0 03/30/2022 $102.97
100377 04/15/2022 $163.75
Invoice Date Amount
50433 04/08/2022 $163.75
100378 04/15/2022 $3,500.00
Invoice Date Amount
PAST032522 03/25/2022 $3,500.00
100379 04/15/2022 $271.80
Invoice Date Amount
P4616239 04/11/2022 $271.80
100380 04/15/2022 $583.33
Invoice Date Amount
7719-1015044 04/05/2022 $489.96
7719-1016056 04/11/2022 $93.37
Description
USB cable, tape, stop rust spray
Spray paint, paint brush set

OUTDOOR SUPPLY HARDWARE
FB2 type C & A charger
Tape measure, cutoff wheel, sanding discs, bucket
Leather wipes, fasteners, reciprocating saw blades, pliers brushes, batteries
Chalk reel
Duct tape
Paint thinner, cleanout plug, PVC outlet box, sponge
Putty knife, volt detector, flashlight
Fasteners
Paint pail, rust stopper, spray can, paint
Quick set cement
ABS cleanout body, couplings, pipe tees
Wallpaper shaver blade, scraper
Wrench kit
Stop rust spray
Esplanade paint supplies
Fasteners
Drill bit set, fasteners, wood screws
PARS fees

PAST CONSULTANTS LLC
Description
Paper, markers, pens
PARS
Description
Paint roller cover, pole, t-shirt

PALACE BUSINESS SOLUTIONS
Description
Jade St. supplies
Jade St. supplies
Lawn mower oil filters, filter elements

ROYAL WHOLESALE ELECTRIC
Description
#21-0404 106 Cliff Ave. standards design review letter
RDO EQUIPMENT CO.

Description
Pages: 7 of 11
33 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100381 04/15/2022 $243.28
Invoice Date Amount
55-0709803 03/03/2022 $21.57
55-0716497 03/31/2022 $72.67
55-0718659 04/07/2022 $149.04
1000 - General Fund $94.24
1311 - Wharf Fund $149.04
100382 04/15/2022 $37.44
Invoice Date Amount
14508-437421 03/29/2022 $35.69
14508-437366 03/29/2022 $1.75
100383 04/15/2022 $66.37
Invoice Date Amount
42443 03/31/2022 $66.37
100384 04/15/2022 $704.99
Invoice Date Amount
Radio Shop 3/22 04/01/2022 $704.99
100385 04/15/2022 $314.24
Invoice Date Amount
108983 03/18/2022 $314.24
100386 04/15/2022 $1,869.50
Invoice Date Amount
3044 03/14/2022 $1,869.50
1311 - Wharf Fund
100387 04/15/2022 $712.00
Invoice Date Amount
00001330470 03/31/2022 $712.00
100388 04/15/2022 $622.59
Invoice Date Amount
111 04/07/2022 $622.59
100389 04/15/2022 $4,450.00
Invoice Date Amount
12721 03/09/2022 $4,450.00
1321 - BIA

SAN LORENZO LUMBER
Foam pad, supplies
Valve keeper

SANTA CRUZ COUNTY DEPT OF PUBLIC WORKS
Wharf supplies
SANTA CRUZ AUTO PARTS INC.

Description
Description
Magnetic mini sweeper
Lumber
Description
Community center fire extinguisher semi-annual service

SANTA CRUZ GARAGE DOORS
Description
Jan - March radio shop charges
SANTA CRUZ FIRE EQUIPMENT CO.

Description
Treated wood waste landfill charges

SANTA CRUZ COUNTY INFORMATION SERVICES
Description
RTC lease 194279 annual rent
SCRATCHSPACE INC.

Description
March legal ads
SCCRTC
Description
Wharf garage door balance due

SANTA CRUZ SENTINEL
Description
BIA redesign/repair of website
Pages: 8 of 11
34 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100390 04/15/2022 $344.29
Invoice Date Amount
SS041222 04/12/2022 $344.29
100391 04/15/2022 $84.59
Invoice Date Amount
13-10919-0032122 03/21/2022 $48.01
34-18508-0032522 03/25/2022 $36.58
100392 04/15/2022 $2,118.59
Invoice Date Amount
79277 03/15/2022 $983.28
79339 03/17/2022 ($73.28)
77837 12/09/2021 $1,208.59
100393 04/15/2022 $2,950.00
Invoice Date Amount
6535 03/31/2022 $2,950.00
100394 04/15/2022 $2,908.74
Invoice Date Amount
676874019 03/29/2022 $176.47
676956766 03/30/2022 $2,332.35
676344518 03/25/2022 $399.92
100395 04/15/2022 $1,597.12
Invoice Date Amount
669417 03/31/2022 $1,597.12
1310 - Gas Tax
100396 04/15/2022 $670.50
Invoice Date Amount
UPEC043022 04/08/2022 $670.50
1001 - Payroll
100397 04/15/2022 $7.00
Invoice Date Amount
0000954791152 04/09/2022 $7.00
100398 04/15/2022 $26.06
Invoice Date Amount
469049209 04/01/2022 $26.06
Description
2000 Wharf Road water service
1510 McGregor Drive water service
Description
Instructor payment

SOQUEL CREEK WATER DISTRICT

SHANTA SHENOY
Description
Village sidewalk pressure washing

THE HOME DEPOT PRO
Credit PEO duty belt
PEO uniform
THE CLEANING MACHINE INC.

SUMMIT UNIFORMS
Description
Vest for 527
Sweeper blended filaments, hardware, filters, G.B. set
UPEC LIUNA LOCAL 792
Description
Restroom bath tissue
TRANSPORTATION ALLIANCE BANK INC.

Description
Description
Nitrile gloves
Janitorial supplies
Recreation copier lease
PD shipping

US BANK EQUIPMENT FINANCE
Description
April UPEC dues
UPS
Description
Pages: 9 of 11
35 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100399 04/15/2022 $103.57
Invoice Date Amount
469049050 04/01/2022 $103.57
100400 04/15/2022 $288.83
Invoice Date Amount
469049332 04/01/2022 $288.83
100401 04/15/2022 $506.25
Invoice Date Amount
PARS040822 04/08/2022 $506.25
1001 - Payroll
100402 04/15/2022 $43.04
Invoice Date Amount
105269 04/11/2022 $43.04
100403 04/15/2022 $1,602.00
Invoice Date Amount
T14414 04/06/2022 $650.00
T14379 03/28/2022 $302.00
T14378 03/28/2022 $650.00
100404 04/15/2022 $144.50
Invoice Date Amount
2005582.002 04/07/2022 $144.50
100405 04/15/2022 $43.00
Invoice Date Amount
37530392 04/11/2022 $43.00
100406 04/15/2022 $573.31
Invoice Date Amount
EML120121 12/01/2021 $573.31
100407 04/15/2022 $122.00
Invoice Date Amount
2005583.002 04/11/2022 $122.00
100408 04/15/2022 $147.00
Invoice Date Amount
2005581.002 04/07/2022 $147.00

US BANK EQUIPMENT FINANCE
Description
PARS contributions PPE 4/2/2022

WATSONVILLE BLUEPRINT
Description
PD copier lease
US BANK PARS Acct 6746022400
Description
Recreation copier lease

US BANK EQUIPMENT FINANCE
Description
Ashley Strangio
Description
Balance refund
March K-9 training
Dog boarding, dog walking, bath
February K-9 training
Clares St. traffic calming plans
WITMER TYSON IMPORTS INC.

Description
Rebecca Woods
Description
Balance refund
Emily Mitchell-Lynn
Description
Museum classic wall calendars (50)
Baharih Kerrani
Description
Class refund
Shaun Carroll
Description
Balance refund
Pages: 10 of 11
36 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 15, 2022
100409 04/15/2022 $33.00
Invoice Date Amount
21-0494 03/25/2022 $33.00
100410 04/15/2022 $500.00
Invoice Date Amount
21-0513 03/25/2022 $500.00
$96,182.50
EFT
1305 04/11/2022 $56,318.24
Invoice Date Amount
1002085063-6 04/08/2022 $56,318.24
1001 - Payroll
1306 04/11/2022 $8,392.11
Invoice Date Amount
2-096-682-592 04/08/2022 $8,392.11
1001 - Payroll
1307 04/11/2022 $29,314.03
Invoice Date Amount
63689239 04/08/2022 $29,314.03
1001 - Payroll
1308 04/11/2022 $1,575.68
Invoice Date Amount
39371720 04/08/2022 $1,575.68
1001 - Payroll
1309 04/11/2022 $7,584.21
Invoice Date Amount
VOYA040822 04/08/2022 $7,584.21
1001 - Payroll
1310 04/11/2022 $1,196.92
Invoice Date Amount
WF041122 04/11/2022 $1,196.92
$104,381.19
Main City Totals Count Total
Checks 90 $96,182.50
EFTs 6 $104,381.19
All 96 $200,563.69
Check Totals:

CalPERS Member Services Division
Ted Burke
Description
Tree deposit refund 1750 Wharf Rd.

Soquel Creek Water District
Description
Deposit refund for public right of way - monitoring well Description
Federal taxes & Medicare PPE 4/2/22

STATE DISBURSEMENT UNIT
Description
State taxes PPE 4/2/22

INTERNAL REVENUE SERVICE
Description
PERS contributions PPE 4/2/22

EMPLOYMENT DEVELOPMENT DEPARTMENT
Description
April client analysis charges
EFT Totals:

Description
Employee 457 contributions PPE 4/2/22

WELLS FARGO BANK
Description
Employee garnishments PPE 4/2/22

VOYA FINANCIAL
Pages: 11 of 11
37 Item 7 B.
38 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100411 04/19/2022 $13,117.65
Invoice Date Amount
WF040322 04/03/2022 $13,117.65
1000 - General Fund $11,243.368
2211 - IT Fund $1,873.97
Purchases over $500:

Hyatt Regency $666.72 CPRS conference
Zelda's $576.10 Lunch for Badges
Portola Hotel & Spa $750.00 Team building
CalCities Registration $625.00 Conference registration
Luxedecor.com $4,358.16 Picnic tables & j-bolt mounts
Zoom $999.60 Licensing
Indeed $500.02 Receruitment services
100412 04/20/2022 $94.00
Invoice Date Amount
2005559.002 02/15/2022 $94.00
100413 04/22/2022 $346.56
Invoice Date Amount
11RK-D9C1-GY3W 04/13/2022 $18.77
1WV3-6QH1-1GCQ 04/14/2022 $196.00
1R3Q-1MMM-TWHR 04/17/2022 $131.79
1000 - General Fund $327.79
2211 - IT Fund $18.77
100414 04/22/2022 $9.38
Invoice Date Amount
ATT040122 04/01/2022 $9.38
1000 - General Fund $4.62
2211 - IT Fund $4.76
100415 04/22/2022 $204.03
Invoice Date Amount
000018053860 04/13/2022 $204.03
1000 - General Fund $154.81
2211 - IT Fund $49.22
100416 04/22/2022 $1,202.76
Invoice Date Amount
000018054528 04/13/2022 $1,202.76
Class refund (check re-issued)

AMAZON CAPITAL SERVICES
Description
March credit card charges
Kari Casey
Description

WELLS FARGO BANK
Description
City of Capitola
AT&T/CALNET 3
Description
April telephone service
AT&T
Description
April long distance charges
HDMI cable
COVID rapid tests (10)
Anti-corrosion tape, boots
AT&T/CALNET 3
Description
April T-1 access
City Checks Issued April 22, 2022
Pages: 1 of 5
39 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 22, 2022
100417 04/22/2022 $1,439.55
Invoice Date Amount
15311 03/28/2022 $646.80
15310 03/28/2022 $792.75
1310 - Gas Tax
100418 04/22/2022 $17,056.92
Invoice Date Amount
282736 03/31/2022 $11,496.16
282737 03/31/2022 $203.00
282738 03/31/2022 $4,505.00
282739 03/31/2022 $742.00
282740 03/31/2022 $110.76
100419 04/22/2022 $130.00
Invoice Date Amount
571291 04/05/2022 $130.00
100420 04/22/2022 $1,492.99
Invoice Date Amount
31237011 04/11/2022 $1,492.99
1321 - BIA
100421 04/22/2022 $23.00
Invoice Date Amount
CS041922 04/19/2022 $23.00
1310 - Gas Tax
100422 04/22/2022 $90.00
Invoice Date Amount
DOD040422 04/04/2022 $90.00
100423 04/22/2022 $3,451.40
Invoice Date Amount
12413 04/01/2022 $3,451.40
2211 - IT Fund
100424 04/22/2022 $1,328.84
Invoice Date Amount
22-506800 04/14/2022 $1,328.84
100425 04/22/2022 $8,500.00
Invoice Date Amount
GBA041822 04/18/2022 $8,500.00
March traffic signal maintenance - response

BURKE WILLIAMS AND SORENSEN LLP
Description
BEAR ELECTRICAL SOLUTIONS INC.

Description
March traffic signal maintenance - routine
Description
Employee fingerprinting

COMMUNITY PRINTERS
February police legal services
February legal services

CA DEPARTMENT OF JUSTICE
February legal services
February code enforcement
February planning legal services
Description
Medical testing

EXCEEDIO
Description
Sweeper exempt plate reimbursement

DOCTORS ON DUTY
Description
BIA visitor's guide brochures

COOPER SANDEN
Description
Community survey
Description
236 gallons gasoline

GENE BREGMAN & ASSOCIATES
Description
April IT service

FLYERS ENERGY LLC
Pages: 2 of 5
40 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 22, 2022
100426 04/22/2022 $155.39
Invoice Date Amount
3633283 04/14/2022 $86.25
7033209 04/20/2022 $69.14
100427 04/22/2022 $217.28
Invoice Date Amount
55Y1266896 04/13/2022 $6.02
55Y1267912 04/18/2022 $211.26
1000 - General Fund $6.02
2211 - IT Fund $211.26
100428 04/22/2022 $9,800.00
Invoice Date Amount
21114678 03/31/2022 $8,800.00
21114680 03/31/2022 $1,000.00
1200 - CIP
100429 04/22/2022 $152.23
Invoice Date Amount
A0321908 04/19/2022 $88.26
A0321965 04/20/2022 $63.97
100430 04/22/2022 $1,254.22
Invoice Date Amount
26-201502 04/15/2022 $1,254.22
100431 04/22/2022 $7,667.24
Invoice Date Amount
20901-3 04/15/2022 $7,667.24
1308 - SB1 $3,833.62
1309 - RTC $3,833.62
100432 04/22/2022 $68.16
Invoice Date Amount
M-1694153 04/18/2022 $68.16
100433 04/22/2022 $34.03
Invoice Date Amount
516828739 04/13/2022 $34.03
100434 04/22/2022 $48.09
Invoice Date Amount
284986 04/18/2022 $4.68
285012 04/19/2022 $43.41

HOME DEPOT CREDIT SERVICES
City Hall copier usage charges

KIMLEY HORN AND ASSOCIATES INC
Description
KBA Document Solutions LLC
Description
Monthly copier usage charges
Description
Brass adapter, reducers, bushing, comp tee
Sakrete sand, spray paint, rust stopper, gloves

LABORMAX STAFFING
Description
Public works seasonal labor 4/11 - 4/15
Description
Acetone
Jade St. paint
Clares St. traffic calming field visit, final PS&E, bike access Park Ave. traffic calming
KING'S PAINT AND PAPER INC.

MISSION LINEN SUPPLY
Description
Fleet towels, uniform cleaning

MID COUNTY AUTO SUPPLY
Description
Thermostat, water outlet, activator, clear coat
McKim Corporation
Description
2021 road repairs retention release
Panel

NORTH BAY FORD
Description
Relay
Pages: 3 of 5
41 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 22, 2022
100435 04/22/2022 $15,130.47
Invoice Date Amount
PGE041422-acct9 04/14/2022 $15,130.47
1000 - General Fund $5,222.55
1300 - SLESF $116.72
1310 - Gas Tax $6,875.31
1311 - Wharf $2,915.89
100436 04/22/2022 $29.42
Invoice Date Amount
642090-0 04/13/2022 $29.42
100437 04/22/2022 $42.39
Invoice Date Amount
14508-439326 04/20/2022 $42.39
100438 04/22/2022 $235.80
Invoice Date Amount
SCMU033122 03/31/2022 $235.80
100439 04/22/2022 $10,288.79
Invoice Date Amount
06-14476-0040622 04/06/2022 $107.61
08-15299-0040822 04/08/2022 $147.06
08-15562-0040822 04/08/2022 $48.01
09-15964-0040822 04/08/2022 $1,791.43
42-14952-0032922 03/29/2022 $496.64
42-15297-0032922 03/29/2022 $149.27
42-15969-0032922 03/29/2022 $311.88
42-16122-0032922 03/29/2022 $66.78
42-10504-0032922 03/29/2022 $64.40
42-11090-0132922 03/29/2022 $149.27
42-11467-0032922 03/29/2022 $4,728.50
42-14404-0032922 03/29/2022 $491.93
42-16130-0032922 03/29/2022 $64.40
42-16136-0032922 03/29/2022 $551.67
42-16407-0032922 03/29/2022 $65.10
42-14431-0032922 03/29/2022 $741.66
42-17688-0032922 03/29/2022 $99.51
42-18238-0032922 03/29/2022 $64.40
42-11517-0032922 03/29/2022 $149.27
1000 - General Fund $9,737.12
1311 - Wharf Fund $551.67
April gas & electricity

PALACE BUSINESS SOLUTIONS
Description

PACIFIC GAS & ELECTRIC
Description
March water service for medians

SOQUEL CREEK WATER DISTRICT
Description
Fuel filter, oil filters, wiper blades, fuel/water separator

SANTA CRUZ MUNICIPAL UTILITIES
Description
Wall calendar
SANTA CRUZ AUTO PARTS INC.

Description
Lawn Way irrigation
Esplanade fountain irrigation
Cliff Drive irrigation
Monterey Ave. Esplanade water
Cortez Park irrigation
426 Capitola Ave irrigation
430 Kennedy Drive water service
Monterey Ave. water
Cliff and Fairview water service
Monterey Ave irrigation
Lawn Way irrigation
Capitola Road irrigation
Wharf Road irrigation
1400 Wharf Road irrigation
Bay Ave. irrigation
Capitola Road irrigation
Jade Street park irrigation
Monterey Ave. Nobel Gulch Park irrigation
41st Avenue irrigation
Pages: 4 of 5
42 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 22, 2022
100440 04/22/2022 $3,755.15
Invoice Date Amount
677735912 04/04/2022 $1,478.68
679540708 04/12/2022 $58.53
679540716 04/12/2022 $176.47
679625400 04/13/2022 $2,041.47
100441 04/22/2022 $259.60
Invoice Date Amount
2584287 03/31/2022 $259.60
100442 04/22/2022 $75.00
Invoice Date Amount
516852038 04/18/2022 $75.00
100443 04/22/2022 $150.00
Invoice Date Amount
INV22-00603 03/11/2022 $150.00
100444 04/22/2022 $80.00
Invoice Date Amount
2005584.002 04/18/2022 $80.00
100445 04/22/2022 $216.00
Invoice Date Amount
37614773 04/19/2022 $216.00
$98,146.34
Main City Totals Count Total
Checks 35 $98,146.34
EFTs 0 $0.00
All 35 $98,146.34
Payroll Totals
Checks 0 $0.00
EFTs 89 $168,691.52
All 89 $168,691.52
Grand Totals:

Checks 35 $98,146.34
EFTs 89 $168,691.52
All 124 $266,837.86
Scholarship refund
Check Totals:

Class refund
Julia Thomas
Description
New Brighton restroom use
Cassandra Bryce
Description
Community center mats, mops, towels

SOQUEL UNION SCHOOL DISTRICT
Description
March record strorage

MISSION LINEN SUPPLY
Description
Janitorial supplies

VITAL RECORDS HOLDING LLC
Description
Bathroom supplies
Toilet paper spindles
Nitrile gloves

THE HOME DEPOT PRO
Description
Pages: 5 of 5
43 Item 7 B.
44 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
100446 04/29/2022 $1,403.12
Invoice Date Amount
094298 04/27/2022 $1,403.12
1001 - Payroll
100447 04/29/2022 $220.00
Invoice Date Amount
63198 04/19/2022 $220.00
2211 - IT Fund
100448 04/29/2022 $932.52
Invoice Date Amount
196K-YGX1-KTY3 04/21/2022 $137.04
1P1G-CK97-FR1Y 04/23/2022 $370.59
1NCY-GWQJ-G9JK 04/23/2022 $228.89
1CYY-46TW-P1T3 04/25/2022 $196.00
100449 04/29/2022 $500.00
Invoice Date Amount
AT042522 04/25/2022 $500.00
100450 04/29/2022 $5,290.40
Invoice Date Amount
B057MC 04/01/2022 $5,290.40
1000 - General Fund $13.80
1001 - Payroll $5,276.60
100451 04/29/2022 $2,740.00
Invoice Date Amount
INV489401 04/20/2022 $2,740.00
100452 04/29/2022 $1,588.00
Invoice Date Amount
POA042222 04/22/2022 $1,588.00
1001 - Payroll $
100453 04/29/2022 $6,665.84
Invoice Date Amount
45522011 04/15/2022 $6,665.84
100454 04/29/2022 $65.12
Invoice Date Amount
66585597 07/06/2021 $65.12
2210 - Stores Fund
May antivirus

AMAZON CAPITAL SERVICES
Description
April supplemental insurance

ALVAREZ TECHNOLOGY GROUP INC
Description
AFLAC
Description
Museum research
BENEFIT COORDINATORS CORP.

Description
COVID-19 antigen tests

ANN ELIZABETH THIERMANN
Description
Anti-corrosion tape
Standing desk converter
LED rooftop light bar
POA & gym dues PPE 4/16/22

CASEY PRINTING
Description
Dog waste bags

CAPITOLA PEACE OFFICERS ASSOCIATION
Description
April dental and vision insurance
BIOBAG AMERICAS INC.

Description
City Hall first aid supplies
Recreation Summer 2022 activity guide

CINTAS CORPORATION
Description
City of Capitola
City Checks Issued April 29, 2022
Pages: 1 of 7
45 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 29, 2022
100455 04/29/2022 $719.00
Invoice Date Amount
GC0006861 04/25/2022 $719.00
100456 04/29/2022 $7,513.04
Invoice Date Amount
7023 04/21/2022 $7,513.04
100457 04/29/2022 $3,695.99
Invoice Date Amount
13758 04/19/2022 $445.99
13780 04/22/2022 $3,250.00
1000 - General Fund $445.99
2212 - Equipment Fund $3,250.00
100458 04/29/2022 $2,686.35
Invoice Date Amount
1286263 04/23/2022 $2,686.35
1001 - Payroll
100459 04/29/2022 $76.70
Invoice Date Amount
9889031 04/19/2022 $76.70
100460 04/29/2022 $2,526.33
Invoice Date Amount
22-511691 04/22/2022 $2,526.33
100461 04/29/2022 $270.00
Invoice Date Amount
FB042622 04/26/2022 $270.00
100462 04/29/2022 $543.75
Invoice Date Amount
GM042422 04/24/2022 $543.75
100463 04/29/2022 $3,577.60
Invoice Date Amount
GE042522 04/25/2022 $3,577.60
100464 04/29/2022 $1,123.20
Invoice Date Amount
HF041822 04/18/2022 $70.20
HF041822-2 04/18/2022 $1,053.00
Municipal code web update
COMPLETE MAILING SERVICE INC.

Description

CODE PUBLISHING COMPANY
Description
Description
April LTD, STD, AD&D, life insurance
FERGUSON ENTERPRISES LLC #795
Red/blue LED tail lights
Labor to install patrol lighting and siren package VIN 23196

EQUITABLE
Spring brochure mailing and postage
EMERGENCY VEHICLE SPECIALISTS INC.

Description
Description
Softball official 4/12 - 4/20/22
GEORGE McMENAMIN
Description
444 gallons gasoline
FRED C. BEYERS
Description
Bathroom supplies

FLYERS ENERGY LLC
Description
Instructor payment
Instructor payment
Description
Instructor payment

HANYA FOJACO
Description
Bay St. & Peer Park maintenance, site checks

GINA ENRIQUEZ
Pages: 2 of 7
46 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 29, 2022
100465 04/29/2022 $1,250.00
Invoice Date Amount
SIN016133 03/31/2022 $1,250.00
100466 04/29/2022 $1,591.39
Invoice Date Amount
1632368 04/06/2022 $5.90
3011486 04/14/2022 $68.57
3521588 04/14/2022 $21.71
3613755 03/25/2022 $5.97
3645225 04/14/2022 $129.49
4515815 04/13/2022 $119.96
5032305 04/12/2022 $157.79
5034686 03/23/2022 $63.72
5613387 03/23/2022 $96.78
7012183 04/20/2022 $129.10
7014884 03/31/2022 $394.25
7033232 04/20/2022 $33.76
7511906 03/31/2022 $12.16
7624762 04/20/2022 $54.34
7624789 04/20/2022 $124.66
8522381 04/19/2022 $36.30
8524644 03/30/2022 $14.55
9030224 03/29/2022 $99.32
9522162 04/18/2022 $23.06
1000 - General Fund $756.80
1311 - Wharf Fund $834.59
100467 04/29/2022 $124.06
Invoice Date Amount
A0322153 04/26/2022 $124.06
1311 - Wharf Fund
100468 04/29/2022 $1,254.22
Invoice Date Amount
26-203317 04/22/2022 $1,254.22
100469 04/29/2022 $221.08
Invoice Date Amount
70209319 04/22/2022 $221.08
Pliers, cutoff discs
Wharf paint
Clear gloss rust stopper

HOME DEPOT CREDIT SERVICES
Description
Wharf supplies

HINDERLITER DELLAMAS AND ASSOCIATES
Description
March TOT and STR admin. fees
Wharf supplies
Trimmer line head
Wharf supplies
Jade St. wood float, concrete mix, spring link, rings
Floating docks supplies
Library deck screws, wood, concrete mix
Wharf supplies
Rust stopper, switches, spray bottle
Impact sockets, coupler, socket rails
KING'S PAINT AND PAPER INC.

Description
Floating docks paint, chip brushes
Fence post sakrete mix
Rebar, fluorescent light
Esplanade bathroom supplies
Wharf floating docks supplies
Museum supplies
Fence post, concrete patch
LINDE GAS & EQUIPMENT INC.

Description
Acetylene rental

LABORMAX STAFFING
Description
Seasonal labor 4/18 - 4/22
Pages: 3 of 7
47 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 29, 2022
100470 04/29/2022 $1,075.20
Invoice Date Amount
FG3652 04/22/2022 $1,075.20
1001 - Payroll
100471 04/29/2022 $65.87
Invoice Date Amount
62758 04/18/2022 $65.87
100472 04/29/2022 $380.00
Invoice Date Amount
14335 04/08/2022 $380.00
100473 04/29/2022 $1,052.31
Invoice Date Amount
F20468 04/13/2022 $55.93
F21507 04/15/2022 $9.70
F21634 04/15/2022 $64.08
F23187 04/18/2022 $16.33
F23188 04/18/2022 $35.93
F23902 04/19/2022 $103.52
F24307 04/20/2022 $137.24
F24784 04/21/2022 $260.29
F24791 04/21/2022 $34.85
F25026 04/21/2022 $81.78
F25271 04/22/2022 $19.60
F27217 04/25/2022 $126.53
F27711 04/26/2022 $17.17
F27880 04/26/2022 $13.07
F27899 04/26/2022 $76.29
100474 04/29/2022 $64.78
Invoice Date Amount
642734-0 04/20/2022 $32.39
642734-1 04/21/2022 $32.39
2210 - Stores Fund
100475 04/29/2022 $475.15
Invoice Date Amount
RE041822 04/18/2022 $142.35
RE041822-2 04/18/2022 $332.80

LIUNA PENSION FUND
Description
April LIUNA pension dues

OUTDOOR SUPPLY HARDWARE
Description
Brush, sealant, paint

MONTEREY ONE WATER
Description
Regional TV ad buy program

MISSION PRINTERS
Description
Recreation coordinator business cards
Handheld spreader, cable ties, t-posts, deer fence
P-trap, joint compound, ribbon mud mixer
Hose bibbs, boiler drain, copper adapter
Marking spray, white field striping
Blower kit, starter handle, manure
Tapered countersinks, round nail stakes, garden hoe
Bulk fasteners
Epoxy, sanding discs, sand paper
Jade St. supplies
Description
Pens
Pens
Duct tape
Step drill bit

PALACE BUSINESS SOLUTIONS
Marker spray
Supplies
Fasteners
Instructor payment

ROBIN H EVEREST
Description
Instructor payment
Pages: 4 of 7
48 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 29, 2022
100476 04/29/2022 $448.56
Invoice Date Amount
10-16317-0041522 04/15/2022 $288.20
10-16315-0041522 04/15/2022 $52.07
10-16316-0041522 04/15/2022 $108.29
100477 04/29/2022 $127.50
Invoice Date Amount
0347 04/23/2022 $127.50
100478 04/29/2022 $20.00
Invoice Date Amount
UW042222 04/22/2022 $20.00
1001 - Payroll
100479 04/29/2022 $31.75
Invoice Date Amount
0000954791162 04/16/2022 $15.57
0000954791172 04/23/2022 $16.18
100480 04/29/2022 $332.57
Invoice Date Amount
PARS042222 04/22/2022 $332.57
1001 - Payroll
100481 04/29/2022 $28,933.81
Invoice Date Amount
VSCC033122 03/31/2022 $28,933.81
100482 04/29/2022 $308.00
Invoice Date Amount
1020621.001 01/24/2022 $308.00
100483 04/29/2022 $180.00
Invoice Date Amount
1038041.002 12/03/2021 $180.00
100484 04/29/2022 $186.00
Invoice Date Amount
37821766 04/21/2022 $186.00
100485 04/29/2022 $90.00
Invoice Date Amount
1020633.001 01/26/2022 $90.00
420 Capitola Ave. water
504 Beulah Dr. water
426 Capitola Ave. water

SOQUEL CREEK WATER DISTRICT
Description
UPS
Description
PD shipping

UNITED WAY OF SANTA CRUZ COUNTY
Description
April employee United Way contributions

THELMA FREEMAN
Description
2022 art at the beach design
January - March tourism marketing district
Claire Le Gall
Description
PARS contributions PPE 4/22/22

VISIT SANTA CRUZ COUNTY
Description
PD shipping
US BANK PARS Acct 6746022400
Description
Credit after scholarship allocation
Katie Cordero
Description
Class refund
Johanna Ronsse
Description
Class refund
Devin Kato
Description
Class refund
Pages: 5 of 7
49 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 29, 2022
100486 04/29/2022 $90.00
Invoice Date Amount
1020360.001 12/17/2021 $90.00
100487 04/29/2022 $81.00
Invoice Date Amount
2001605.002 03/07/2020 $81.00
100488 04/29/2022 $74.70
Invoice Date Amount
SS042622 04/22/2022 $74.70
$80,594.91
1311 04/23/2022 $2,687.04
Invoice Date Amount
PB041922 04/19/2022 $2,687.04
2210 - Stores Fund
1312 04/25/2022 $135.00
Invoice Date Amount
0001501729-IN 03/31/2022 $135.00
1313 04/25/2022 $56,318.33
Invoice Date Amount
1002093800-3 04/22/2022 $56,318.33
1001 - Payroll
1314 04/25/2022 $8,308.74
Invoice Date Amount
0-324-050-528 04/22/2022 $8,308.74
1001 - Payroll
1315 04/25/2022 $28,833.04
Invoice Date Amount
95500817 04/22/2022 $28,833.04
1001 - Payroll
1316 04/25/2022 $1,575.68
Invoice Date Amount
39525648 04/22/2022 $1,575.68
1001 - Payroll
Account refund
Check Totals:

Account credit refund
Stephanie Staley
Description
Class refund
Melanie Newby
Description
Leann Alameda
Description

STATE DISBURSEMENT UNIT
Description
Employee garnishments PPE 4/16/22

INTERNAL REVENUE SERVICE
Description
Federal taxes & Medicare PPE 4/16/22

EMPLOYMENT DEVELOPMENT DEPARTMENT
Description
State taxes PPE 4/16/22
CalPERS Member Services Division
Description
PERS contributions PPE 4/16/22
WEX HEALTH INC.

Description
March COBRA and FSA admin.

PITNEY BOWES
Description
City Hall postage machine refill, supplies, late fees
Pages: 6 of 7
50 Item 7 B.

Check
Number Invoice Number Invoice Date Description Payee Name Transaction
Amount
City of Capitola
City Checks Issued April 29, 2022
1317 04/26/2022 $7,604.70
Invoice Date Amount
VOYA042221 04/22/2022 $7,604.70
1001 - Payroll
$105,462.53
Main City Totals Count Total
Checks 43 $80,594.91
EFTs 7 $105,462.53
All 50 $186,057.44
EFT Totals:

VOYA FINANCIAL
Description
Employee 457 contributions PPE 4/22/22
Pages: 7 of 7
51 Item 7 B.

Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: City Manager Department
Subject: Updated Travel Reimbursement Policy
Recommended Action: Approve amended Administrative Policy III-2: Employee & Public Official Travel Expense Reimbursement & Travel Regulations.

Background: The City’s current Travel Reimbursement Policy (Attachment 1) was originally written in 2002 and was last updated in 2009. The purpose of the policy is to establish standards for approving and reimbursing employee and Public Official expenses incurred while traveling for City business.

In addition to reimbursement for travel related expenses, the existing policy includes language on how employees are reimbursed for purchasing local meals while conducting City business (for example, while on a “working lunch”). Staff believes local meal reimbursement should be addressed in a separate administrative policy, so this language is no longer included in the proposed update. A draft of the proposed amended policy is included as Attachment 2.

Discussion: The existing policy includes specific reimbursement amounts for each meal and lodging cost. Staff believes the using the federal Government Services Administration (GSA) rates as maximums for meal and lodging reimbursement amounts is more appropriate, due to significant cost variations based on geographic locations. The GSA rates are updated on an annual basis and formulated for specific counties; for example, the GSA rate for lodging in Santa Monica (currently $239/night) is different than for Truckee (currently $126/night).

Receipts will still be required to qualify for travel expenses reimbursement. Employees/Public Officials will be reimbursed based on their actual expenses, up to the GSA limits. It will be the responsibility of the person travelling to know the GSA reimbursement rate prior to travel.

Fiscal Impact: Unknown.

Attachments:

1. Current Policy III-2: Employee & Public Official Travel Expense Reimbursement & Travel Regulation

2. Proposed amended policy
Report Prepared By: Larry Laurent, Assistant to the City Manager Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
52 Item 7 C.
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ADMINISTRATIVE POLICY
Number: III-2
Issued: Jan 24, 2002
Revised: 2/23/06, 911 0/09
Jurisdiction: City Council

EMPLOYEE & PUBLIC OFFICIALS EXPENSE REIMBURSEMENT &

TRAVEL REGULATION

I PURPOSE
This regulation shall establish standards for the documentation, approval and payment of cash advances and reimbursements of expenses incurred for meals, room and travel by employees, elected officials and other persons who conduct City business; with the understanding that any such standards shall balance the City's fiduciary responsibility of managing public fimds with the recognition of the need to provide transportation, lodging, and meals to employees and public officials as they pursue City business.

II POLICY
The City of Capitola recognizes that from time to time employees and Public Officials must either conduct the City's business during a mealtime, or must engage in the pursuit of City business that in tum may interfere with the normal mealtime of such persons .. It is the policy of the City of Capitola to recognizel this inconvenience by appropriately reimbursing. or compensating those individuals as detailed below. In no case shall anyone be compensated under this policy beyond the direct cost of the meals, board or travel that complies with tIns policy, nor shall anyone contrive to conduct City business or to create the illusion bf City business to enj oy the benefits of this policy. Compensation for meals, board or travel shall only be provided to those who comply with the procedures and criteria of this policy.

For the purposes of this policy Public Official means any elected official or appointed employee or volunteer working fOr the interests of the City of Capitola. This definition includes Council Members, Commissioners, committee members, regular employees, authorized volunteers, and others such as those who participate in oral boards and who assist the City in its business.

III PROCEDURES AND CRITERIA
Administration:

It shall be the responsibility of the City Manager to administer these procedltres. The Finance Director shall assist the City Manager in the administration of this regulation, and the dissemination and review of forms, receipts, documentation and other information necessary to process and audit claims.
53 Item 7 C.
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ADMINISTRATIVE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

Page 2 ends

Expense Authorization:

By necessity, elected and appointed officials and public employees must sometimes attend meetings, conferences, enroll in training seminars and perform other official functions away from their normal place of work. It is the responsibility of the City Manager, or the Mayor in the case ofthe City Manager or the City Manager's designee to approve travel claims and related expenses prior to registration and/or out-of-area travel and to authorize cash advances and/or reimbursement for the costs incurred. Department heads are authorized to approve travel expense reimbursement for meetings, training, and similar events that do not exceed their budget appropriations. The City Manager can approve any such request for Council Members or other Public Officials for which travel is not identified in any specific budget.

Reimbursement:

Elected and appointed officials and public employees authorized to travel on official City business shall be reimbursed for actual and necessary expenses incurred for mileage, transportation, lodging and meals in addition to any regular compensation to which they are entitled; provided, however, that the maximum amount(s) that shall be reimbursed are as follows:

1. Transportation: The most econornical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.

Private Conveyance - See Private Conveyance section.

Airplane Travel- Actual cost of coach fare.

Carrier Services - actual costs for taxis, buses, public carriers or car rentaL Vehicle Parking - actual cost.

Payment for service received (tips) in conjunction with travel such as taxi or shuttle service is recognized as a legitimate and reasonable expense, and can be included in addition to the amounts herein but shall not exceed fifteen percent (15%) of the price of the travel service.

2. Lodging: Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Actual cost not to exceed $120 per day or the single occupancy room rate, whichever is lower, plus applicable taxes. When the individual travels to attend a conference, seminar or similar event the maximum allowable reimbursement shall be the conference facility group room rate plus applicable taxes.

3. Meals: Meals will only be reimbursed for official travel requiring an overnight stay.

Exceptions include: Police Officers attending P.O.S.T. Training will be reimbursed at the P.O.S.T. rate or for emergency meals. Exceptions also include attendance at an official standing meeting that has city wide or jurisdictional impact. Examples include AMBAG, League of California Cities, or a City Selection Committee meetings etc.

Individual Meals- Breakfast
Lunch
Dinner
$12.00
$18.00
$30.00
54 Item 7 C.

ADMINISTRATNE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

Page 3 ends

Advance approval by the City Manager or Mayor is required for meal maximums over the above amounts for high-cost travel destinations (e.g. New York City) Payment for service received (tips) in conjunction with meals is recognized as a legitimate and reasonable expense, and can be added to the above amounts but shall not exceed fifteen percent (15%) of the price of the meal.

Alcoholic beverages are never an eligible expense.

Private Conveyance:

Employees using private means of conveyance such as their personal vehicle for authorized travel on official City business shall be reimbursed at the then-current IRS mileage rate, except for mileage outside Capitola and the Local Bay Area, in which case the amount reimbursed shall not exceed the lowest coach airfare on a scheduled commercial air carrier as may be reasonably determined by the City. Vehicle odometer readings are required to substantiate vehicle mileage. If odometer readings are not available internet map services such as Yahoo Maps can be used. Mileage shall be measured from Capitola City Hall or the Public Officials home address, whichever is less; unless the Public Official is required to be at City Hall prior to leaving, in which case the City Hall address shall be used to measure miles. When a personal conveyance is used to carpool employees, City Hall address shall be used. Bridge and road tolls are reimbursable expenses.

Advance of Money:

Individuals traveling on City business that involve an overnight stay may request a cash advance for the estimated travel and meal costs, excluding personal vehicle mileage. A written claim for cash advance shall be submitted to the Finance Director sufficiently early for the Finance Department to include the advance with regular check processing immediately prior to when the Public Official must leave.

Advances cannot be made out of petty cash. Cash advances for travel and meal requests will be allowed only if adequate appropriations exist in the appropriate budget, and if the request has been signed by the department head and/or City Manager.

Individuals who accept cash advances shall~ within ten (10) working days after his or her return from such trip, file with the Finance Director an itemized expense accounting together with proper receipts or other documentation, and shall pay to the City any unexpended balance of the advance.

Claims for All Expenses:

No travel or meal costs shall be reimbursed unless the claiming individual prepares and signs an itemized accounting of such expenses on the Statement of Expense form (attachment A), which shall have entered thereon and/or attached thereto, the following:
a. Date of departure at commencement of travel, and date of return upon completion of travel. b. Date of arrival at and departure from each city or location at which City business was performed.
55 Item 7 C.
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ADMINISTRATIVE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

Page 4 ends

c. Receipts for all expenditures for lodging and all other expenditures, including meals, in sufficient detail so as to establish the allowability of each element of the expense claimed.

If for some reason a receipt is not available a memorandum from the individual attesting to the exact expense may be approved by the City Manager
d. Ifunusual or unanticipated circumstances arise, the City Manager, or the Mayor in the case of the pty Manager, can approve exceptions to this policy.

Unallowable Expenses:

Unauthorized expenditures, which shall never be reimbursed, include but are not limited to:

1. Alcoholic beverages

2. Expenses of a spouse or other companion

3. Personal entertainment

4. Theft, loss or damage to personal property

5. Barber, beauty, tailor, laundry & other similar personal services

6. Airline or other trip insurance

7. Personal postage, telephone calls or reading materials

8. Personal portion of any trip
Reports to City Council
Members of the City Councilor any other public official subject to this policy shall provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body (Council, Planning Commission, etc .. ,). Cal. Gov't Code Sect.53232.3( d). This report can either be written or oral.

A: Statement of Expense
RH/lgm
R:\Admin Policies\Travel policy. doc
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City Manager
56 Item 7 C.

CITY OF CAPITOLA - STATEMENT OF EXPENSES
"*,!<* Com BLUE information. Do NOT in the YELL cells ***

NAME EXPENSE DATE (S)

PURPOSE OF CLAIMED
Use Odometer Reading OR www.MapQuest.com (attach)
PURPOSE and DESTINATION· enter below
certify that this claim is'a true record of expenses incurred on official business .the City of Capitola during the above period.

Date:
eal Reimbursement: Complete the "Meals Reimbursement" worksheet located to right. Only for overnight travel -or POST reimbursable milage rate http://www.irs.gov/newsroom/article/O .. id=151226.OO.html

1. Complete form (only enter in BLUE cells -do NOT enter in YELLOW areas) , attach all receipt 2006 =$ 0.445/mil~ Upon audit and approval, reimbursement will be made payable in a check . · Refer to Administrative Policy 111-2 Employee and Public Official Expense Reimbursement & Travel Regulation for allowable expenses · Exceptions to the Policy require City Manager review and authorization · POST Police Attendance- reimbursement POST ulati6ns
~~===~
VERSION#G Expense Form-revised G 2009 mileage rate Jan09.xls 7 57 Item 7 C.
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CITY OF CAPITOLA - MEAL EXPENSE FORM
SIMPLE MEAL INSTRUCTIONS ..... employee please complete meal information in BLUE font * Please n amount" INCLUDES the ti id. r-~~~~~~~--~~~~--~~~~~~ I·enter name her~]
OTHER
NOT
MEAL MAX. PLACE * INCLUDE TIP TIPS ALCOHOL ALLOWED
Breakfast $ 12.00
Lunch $ 18.00
Dinner $ 30.00.

MAX. PLACE TIPS ALCOHOL
$ 12.00
$ 18.00
$ 30.00
MEAL MAX. PLACE * INCLUDE TIP TIPS ALCOHOL
Breakfast $ 12.00 0
Lunch $ 18.00
$ 30.00
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MEAL MAX. PLACE * INCLUDE TIP TIPS ALCOHOL
Breakfast $ 12.00
Lunch $ 18.00
Dinner $ 30.00
VERSION # G Expense Form-revised G 2009 mileage rate Jan09.xls 8 58 Item 7 C.

ADMINISTRATIVE POLICY
Number: III-2
Issued: Jan 24, 2002
Revised: 2/23/06, 9/10/09, 5/12/2022
Jurisdiction: City Council

EMPLOYEE & PUBLIC OFFICIAL TRAVEL EXPENSE REIMBURSEMENT &

TRAVEL REGULATION

I PURPOSE
This regulation shall establish standards for the documentation, approval and payment of cash advances and reimbursements of expenses incurred during travel for meals, room, and travel by employees, elected officials and other persons who conduct City business; with the understanding that any such standards shall balance the City’s fiduciary responsibility of managing public funds with the recognition of the need to provide transportation, lodging, and meals to employees and public officials as they travel to pursue City business.

II POLICY
The City of Capitola recognizes that from time to time employees and Public Officials must travel to conduct the City’s business. It is the policy of the City of Capitola to recognize this inconvenience by appropriately reimbursing or compensating those individuals as detailed below.

In no case shall anyone be compensated under this policy beyond the direct cost of the meals, board, or travel that complies with this policy, nor shall anyone contrive to conduct City business or to create the illusion of City business to enjoy the benefits of this policy. Compensation for travel shall only be provided to those who comply with the procedures and criteria of this policy.

For the purposes of this policy Public Official means any elected official or volunteer working for the interests of the City of Capitola. This definition includes Council Members, Commissioners, committee members, regular authorized volunteers.

III PROCEDURES AND CRITERIA
Administration:

It shall be the responsibility of the City Manager to administer these procedures. The Finance Director shall assist the City Manager in the administration of this regulation, and the dissemination and review of forms, receipts, documentation, and other information necessary to process and audit claims.
59 Item 7 C.

ADMINISTRATIVE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

Page 2 of 5 ends

Expense Authorization:

By necessity, Public Officials and employees must sometimes attend meetings, conferences, enroll in training seminars, and perform other official functions away from their normal place of work. It is the responsibility of the City Manager, the City Manager’s designee, or the Mayor in the case of the City Manager to approve travel claims and related expenses prior to registration and/or out-ofarea travel and to authorize cash advances and/or reimbursement for the costs incurred.

Department heads are authorized to approve travel expense reimbursement for meetings, training, and similar events for staff, boards and commissions under their responsibility which do not exceed their budget appropriations. The City Manager or the City Manager’s designee can approve such requests from Council Members and Department heads which do not exceed the budget appropriation.

Reimbursement:

Public Officials and employees authorized to travel on official City business shall be reimbursed for actual and necessary expenses incurred for mileage, transportation, lodging, and meals in addition to any regular compensation to which they are entitled; provided, however, that the maximum amount(s) that shall be reimbursed are as follows:

Transportation: The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and timeefficient route. Government and group rates must be used when available. a) City Pool Vehicle – Preferred method of driving
b) Private Conveyance – See Private Conveyance section. c) Airplane Travel – Actual cost of coach fare.
d) Carrier Services – actual costs for taxis, ride sharing, buses, public carriers, or car rental.
e) Vehicle Parking – actual cost.

Payment for service received (tips) in conjunction with travel such as taxi or shuttle service is recognized as a legitimate and reasonable expense and can be included in addition to the amounts herein but shall not exceed eighteen percent (18%) of the price of the travel service.

Lodging: Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Public Officials and employees should use the available Government Services Administration (GSA) government rate and book the hotel with that rate if available.

If due to market conditions or availability, costs for acceptable accommodations exceed GSA rates for the destination, department head approval is required prior to travel. When the individual travels to attend a conference, seminar, or similar event, the maximum allowable reimbursement shall be the conference facility group room rate plus applicable taxes.

Meals: Meals will only be reimbursed for official travel requiring an overnight stay. Exceptions include Police Officers attending Peace Officer Standards and Training (P.O.S.T.) will be 60 Item 7 C.

ADMINISTRATIVE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

Page 3 of 5 ends

reimbursed at the P.O.S.T. rate. Exceptions also include attendance at an official standing meeting that has city wide or jurisdictional impact. Examples include AMBAG, League of California Cities, or a City Selection Committee meetings, etc.

The City will reimburse the individual for up to the current GSA Federal Meals & Incidentals Per Diem for the destination and up to 75% of that rate for First and Last Day of Travel. Itemized receipts must be provided for all meals. If more than one employee meal is paid for, employee names must be included.

Current GSA Per Diem Rates can be found at:
https://www.gsa.gov/travel/plan-book/per-diem-rates
It is the responsibility of the Public Official or employee traveling for City business to know GSA rates for the location.

Payment for service received (tips) in conjunction with meals is recognized as a legitimate and reasonable expense and can be added to the above amounts but shall not exceed fifteen percent (18%) of the price of the meal.

Alcoholic beverages and products containing cannabis are never an eligible expense.

Private Conveyance:

Employees using private means of conveyance such as their personal vehicle for authorized travel on official City business shall be reimbursed at the then-current IRS mileage rate. For travel mileage outside the San Francisco Bay Area to a location where air travel is reasonably convenient. the amount reimbursed shall not exceed the lowest coach airfare on a scheduled commercial air carrier as determined by the City. Vehicle odometer readings should substantiate vehicle mileage. If odometer readings are not available, internet map services such as Google Maps can be used. Mileage shall be measured from Capitola City Hall or the Public Officials home address, whichever is less. If the Public Official or employee is required to be at City Hall prior to leaving the City Hall address shall be used to measure miles. When a personal conveyance is used to carpool employees, City Hall address shall be used. Parking costs and bridge and road tolls are reimbursable expenses.

Advance of Money:

The City’s preference is to reimburse traveler’s actual and necessary costs after travel has occurred through receipts, rather than provide travelers funds in advance of travel or expense. However, the City will, on a case-by-case basis, provide travel advances upon request by the traveler and approval of the Department Head. A written claim for cash advance shall be submitted to the Finance Director sufficiently early for the Finance Department to include the advance with regular check processing immediately prior to when the Public Official or employee must leave. Advances cannot be made out of petty cash. Cash advances for travel and meal requests will be allowed only if adequate appropriations exist in the appropriate budget, and if the request has been signed by the department head and/or City Manager.
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Employee & Public Officials Expense Reimbursement & Travel Regulations

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Individuals who accept cash advances shall, within ten (10) working days after his or her return from such trip, file with the Finance Director an itemized expense accounting together with proper receipts or other documentation and shall pay to the City any unexpended balance of the advance.

Claims for All Expenses:

No travel costs shall be reimbursed unless the claiming individual prepares and signs an itemized accounting of such expenses on the City of Capitola - Statement of Expense form which shall have entered thereon and/or attached thereto, the following:
a. Date of departure at commencement of travel, and date of return upon completion of travel. b. Date of arrival at and departure from each city or location at which City business was performed.
c. Receipts for all expenditures for lodging, meals, and all other expenditures, in sufficient detail so as to establish the allowability of each element of the expense claimed. If a receipt is not available for an expense, a memorandum from the individual attesting to the exact expense may be approved by the City Manager
d. If unusual or unanticipated circumstances arise, the City Manager, or the Mayor in the case of the City Manager, can approve exceptions to this policy.

Unallowable Expenses:

Unauthorized expenditures, which shall never be reimbursed, include but are not limited to:

1. Alcoholic beverages or any products containing cannabis

2. Expenses of a spouse or other companion

3. Personal entertainment

4. Theft, loss, or damage to personal property

5. Barber, beauty, tailor, laundry & other similar personal services

6. Airline or other trip insurance

7. Personal postage, telephone calls, or reading materials

8. Personal portion of any trip (i.e. extending stay)
Reports to City Council
62 Item 7 C.

ADMINISTRATIVE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

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Members of the City Council or any other public official subject to this policy shall provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body (Council, Planning Commission, etc.). Cal. Gov’t Code Sect.53232.3(d). This report can either be written or oral.
______________________________
Jamie Goldstein
City Manager
63 Item 7 C.

Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: Community Development Department
Subject: Contract for Housing Element Update
Recommended Action: Authorize the City Manager to enter a contract with RRM Design Group in the amount of $183,560 for the Housing Element Update.

Background: Since 1969, the State of California has required all cities and counties adequately plan to meet their housing needs. Cities comply with this requirement by updating their housing elements on regular cycles defined by the state. The housing element is part of the City’s General Plan which is the long-range planning document delineating how the city will evolve and develop in the future.

The City’s existing Housing Element for the 5th Cycle (2015-2023) planning period was adopted by Capitola City Council in 2015, and certified by the State of California Department of Housing and Community Development (HCD) on February 4, 2016. The City’s existing Housing Element is available on the City’s website at: www.cityofcapitola.org/communitydevelopment/page/2015- 2023-housing-element.

The 6th Cycle Housing Element is due to HCD by December 2023. In February 2022, Staff published a Request for Proposals (RFP) for the Housing Element update to ensure adequate time for an update reflective of the community’s goals and in full compliance with state law. In April 2022, a selection committee comprised of two Capitola staff members and two planners from neighboring jurisdictions interviewed qualified consultants who submitted proposals. RRM Design Group was selected by the committee as the top choice due to their approach to the project, high quality work samples, and successful record producing certified housing elements.

Discussion: Since 1969, the State of California has required all cities and counties adequately plan to meet their housing needs. Cities comply with this requirement by updating their housing elements on regular cycles defined by the state. The housing element is part of the City’s General Plan which is the long-range planning document delineating how the city will evolve and develop in the future.

Fiscal Impact: The City received a REAP grant through AMBAG for $65,000 to use towards the Housing Element Update. Staff expects to receive a second REAP grant in 2022, although the 64 Item 7 D.
amount is unknow. The cost beyond grants will be covered through the General Plan Maintenance fund, as the Housing Element is part of the General Plan.

Attachments:

1. Professional Services Agreement

2. RRM Scope of Services

3. RRM Fee Schedule
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
65 Item 7 D.

CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT
RRM Design Group
THIS AGREEMENT is entered into on May 13, 2022, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and RRM Design Group, hereinafter called "Consultant".

WHEREAS, City desires certain services described in Appendix One and Consultant is capable of providing and desires to provide these services;
NOW, THEREFORE, City and Consultant 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 consulting services and further detailed in Appendix One.

SECTION 2
Duties of Consultant
All work performed by Consultant, 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, Consultant's profession.

Consultant 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 Consultant 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 Consultant's responsibility excluding, nevertheless, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with Community Development Director, called “Director," or other City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant'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 Consultant 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 Consultant 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 Consultant relative to Consultant'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 Consultant. If the work is satisfactory, it will be approved. If the work is not satisfactory, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4
66 Item 7 D.

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RRM Design Group

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Fees and Payment
Payment for the Consultant'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 Consultant in carrying out the work. If Consultant is compensated on an hourly basis, Consultant shall track the number of hours Consultant, and each of Consultant’s employees, has worked under this Agreement during each fiscal year (July 1 through June 30) and Consultant shall immediately notify City if the number of hours worked during any fiscal year by any of Consultant’s employees reaches 900 hours. In addition, each invoice submitted by Consultant to City shall specify the number of hours to date Consultant, and each of Consultant’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 Consultant'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 when signed by both parties and will terminate on the earlier of:
⚫ The date Consultant 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 May 16, 2022.

In the event that major changes are ordered or Consultant is delayed in performance of its services by circumstances beyond its control, the City will grant Consultant 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.

Consultant 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 Consultant. Consultant 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 Consultant for all services performed and accepted under this Agreement up to the date of termination.

SECTION 8
Insurance
67 Item 7 D.

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Consultant shall procure and maintain for the duration of the contract and for 1 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 Consultant, 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.

4. Professional (Errors and Omissions) Liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage shall include contractual liability.

Minimum Limits of Insurance
Consultant 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
Errors and Omissions
Liability:

Limits
$1,000,000 per accident for bodily injury and
property damage.
$1,000,000 per claim and $2,000,000 in the
aggregate.

Other Insurance Provisions
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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 Consultant or automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to this project, the Consultant’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 Consultant’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
Consultant 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, Consultant 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 nonprofessional the acts or omissions of Consultant’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, Consultant 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 69 Item 7 D.

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reimbursement of attorneys’ fees and costs) to the extent found to be arising from the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s employees, or agents 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 Consultant relating to design professional services shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. to the extent found to be caused in whole or in part by any negligent act or omission of the Consultant, Consultant’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 consultants 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, consultant 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. Consultant 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 as part of total relief to which he or she may be granted by a court of competent jurisdiction 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 Consultant 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 Consultant. Consultant 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, Consultant's compensation shall be limited to that set forth in Appendix Two.

SECTION 14
70 Item 7 D.

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Miscellaneous Provisions

1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work. No change in assignment may occur without prior written approval of the City.

2. Consultant Service. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Licensure. Consultant 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 Consultant 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 Consultant 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 Consultant's other work product shall not be used by the Consultant on other projects, except by agreement in writing and with appropriate compensation to the City.

6. Consultant's Records. Consultant 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 Consultant'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 Consultant's services.

7. Independent Contractor. In the performance of its work, it is expressly understood that Consultant, including Consultant's agents, servants, employees, and subcontractors, is an independent contractor solely responsible for its acts and omissions, and Consultant shall not be considered an employee of the City for any purpose.

8. Conflicts of Interest. Consultant 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 Consultant'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:
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CITY CONSULTANT

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________

Dated:________________________________ Dated:_______________________________ Approved as to Form:
_______________________________
Samantha Zutler, City Attorney
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APPENDIX ONE
Scope of Services
73 Item 7 D.

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APPENDIX TWO
Fees and Payments
Consultant will provide invoices to the City for all services and expenses on a monthly basis.

City will endeavor to pay all invoices within 30 days of receipt. The total amount billed by Consultant and paid by City pursuant to this agreement shall not exceed $183,560 without written advance authorization from the City.

Consultant hereby represents and warrants, based upon Consultant’s independent determination of the time and labor, including overtime, which will be required to perform said services, that Consultant will provide all said services at a cost which will not exceed the maximum price set forth in this agreement for Consultant’s services. Consultant hereby assumes the risk that Consultant will perform said services within this maximum price constraint and Consultant acknowledges that its inability to do so shall not excuse completion of the services and shall not provide a basis for additional compensation.

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 Consultant’s indirect overhead costs and fees. For purposes of this Agreement, Consultant’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 subconsultants or subcontractors, and other identifiable job expenses. The use of Consultant’s vehicles for travel shall be paid at the current Internal Revenue Service published mileage rate.

Salary payment for personnel time will be made at the rates set forth in the attached fee schedule for all time charged to the project. Normal payroll rates are for 40 hours per week. Consultant shall not charge the City for personnel overtime salary at rates higher than those set forth in the attached fee schedule without the City’s prior written authorization.

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $183,560, without specific, written advance authorization from the City.

Payments shall be made monthly by the City, based on itemized invoices from the Consultant 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 Consultant’s firm:
"I hereby certify as principal of the firm of RRM Design Group, that the charge of $183,560 as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated May 13, 2022, and has not been previously paid." 74 Item 7 D.

City of Capitola | Proposal FOR Housing Element Update 33 2APPROACH, WORK PROGRAM, AND ASSUMPTIONS
Proposal for City of Capitola Housing Element Update
75 Item 7 D.
76 Item 7 D.

City of Capitola | Proposal FOR Housing Element Update 35

APPROACH
The City of Capitola is poised to commence the preparation of the 6th Cycle Housing Element. The Association of Monterey Bay Area Governments (AMBAG) has estimated 1,336 dwelling units for Capitola in the 6th Cycle Regional Housing Needs Assessment (RHNA) numbers. In contrast, the previous 5th Cycle Housing Element addressed an RHNA of 143 units. Key challenges that must be navigated for successful Housing Element adoption include not only a substantially higher RHNA allocation but also strict site eligibility requirements focusing on development feasibility, an expanded assessment of fair housing conditions, and a fast-pasted changing housing legislation landscape.

In preparing this work program, we carefully reviewed the issued RFP, the existing Capitola Housing Element and General Plan, and other available City documents. Proposed tasks generally follow those outlined in the issued RFP, with City Council adoption of the updated Housing Element anticipated ahead of the statutory deadline of December 2023. We have tailored our proposed work program based on our knowledge of the project context and extensive experience preparing Housing Element updates. However, we are prepared to refine tasks as necessary to best satisfy City objectives, budget, and timeframes.

Approach, Work Program, and Assumptions | SECTION 2
77 Item 7 D.
36 WORK PROGRAM
TASK 1: PROJECT ADMINISTRATION

PROJECT KICKOFF
RRM Design Group, with Veronica Tam Associates
(VTA) and Morse Planning Group (MPG), will
prepare for and conduct an initial kickoff meeting
with City staff. This task is anticipated to be
conducted as a conference call and includes the
following topics:
• Identification of key project contacts and
information exchange
• Review and refinement of project objectives,
scope of work, and project timeline
• Discussion of issues to be focused on during the
project
• Identification of optimal working relationships
(such as turnaround times)
• Review and refinement of the public outreach
strategy
Deliverables:
• Meeting agenda and list of data/material needs
• Meeting summary with project goals, objectives, and
action items

PROJECT SCHEDULE
The RRM team will work with City staff to finalize a
project schedule within ten working days after the
kickoff meeting and include tasks and milestones
for HCD certification of the Housing Element. The
refined schedule will address the following:
• Planning Commission and City Council study
sessions
• Community engagement opportunities
• Delivery of analysis, findings and
recommendations for the inventory of the site
• Delivery of analysis, findings, and
recommendations for the Housing Element
Update
• Response to HCD reviews and City staff review
times
• Delivery of draft and final draft Housing Element
• Planning Commission and City Council public
hearings
Deliverables
• Refined final project schedule (project schedule
may be modified during the project to account for
possible changes in State law, which may affect
project timing)

PROJECT MANAGEMENT
Project management and coordination include
regular communication between the project
manager and the City. The project manager
will coordinate the overall project schedule.

This task is intended to allow for necessary
coordination between the project team members
and city staff, including teleconferences, meetings,
correspondence, record-keeping, electronic file
management, and additional necessary coordination.

This task includes the review of deliverables and
coordination of strategy with VTA as needed.

Deliverables:
• Ongoing project management and coordination
(assumes 4 hours per month over the course of 20
months)
• Meeting summaries with action items
• Maintain an internet-based folder for all project
materials accessible to City staff and consultants
(via MS Sharepoint or other another acceptable
platform)
SECTION 2 | Approach, Work Program, and Assumptions
78 Item 7 D.

City of Capitola | Proposal FOR Housing Element Update 37 TASK 2: HOUSING ELEMENT

UPDATE COMPONENTS

REVIEW OF EXISTING CONDITIONS AND
NEEDS
The Capitola 2015-2023 Housing Element and
General Plan will be evaluated to determine
the revisions that must be made to comply
with current state law and HCD requirements.

This evaluation will be submitted as a written
outline with recommended changes or annotated
documents with areas for improvement, programs
that should be considered, and any other relevant
housing issues that might be included in this update.

Obsolete sections shall be identified for removal. In
collaboration with City staff, the consultant team
will prepare an analysis of results from the 2015-
2023 Housing Element’s identified goals, policies,
and programs and their cumulative effectiveness.

The issued RFP suggests using HCD’s streamlined
update process; however, the State does not offer
this type of review for 6th Cycle Housing Elements.

This task will include a review of documents, data,
and materials relevant to the Housing Element
update:
• 2015 - 2023 Housing Element
• All past communication with HCD, including any
findings letters
• Land Use Element
• General Plan
• Housing Element Annual Progress Reports
• Adopted and draft specific plans and zoning
amendments
• Municipal code/zoning code
• Code enforcement data
• Consolidated Annual Performance and
Evaluation Report (CAPER)
• 2013 - 2022 Annual Action Plans (AAP)
Deliverables:
• Evaluation of the existing Housing Element, General
Plan, Zoning Ordinance, and other supporting
materials in comparison to current State housing law

PUBLIC OUTREACH
To facilitate preliminary budgeting for the project,
we have outlined a general approach for the Housing
Element Update public outreach process to inform
and seek input. The budget estimate assumes
a combination of web conferencing and online
engagement, considering COVID-19 constraints.

This approach can be further refined with City staff
to accommodate changes to local health protocols.

The consultant team will consult with City staff to
develop a tailored outreach approach that meets
HCD requirements and engages the communities
throughout the City. For the Housing Element
update process, we recommend the following
potential activities for outreach to yield constructive education and input:
• Online housing needs survey
• One (1) set of stakeholder meetings held over
the course of one day
• Two (2) community meetings (via Zoom or
another acceptable platform)
• One (1) joint City Council/Planning Commission
study session
Over the course of the project, this task also
includes the provision of materials for posting on
the City’s website, such as project scope, schedule,
and completed products as they are developed. To
support additional meetings, City staff may wish
to conduct with decision makers or stakeholders.

Briefing materials would be provided under this
task. It is assumed City staff will be responsible for
meeting notification, facilities (if any), and logistics.

Public hearings with the Planning Commission and
City Council are provided under Task 3.

Deliverables:
• Refine public outreach plan with City staff and
conduct agreed-upon activities
• Electronic copies of all branded outreach materials
for distribution and communication/advertising
purposes
Approach, Work Program, and Assumptions | SECTION 2
79 Item 7 D.
38 HOUSING ASSESSMENT AND NEEDS ANALYSIS
A housing assessment and needs analysis will
be prepared pursuant to State housing law.

The consultant team will obtain and analyze
demographic, economic, infrastructure and housing
data needed to complete this task. The housing
assessment and needs analysis will contain the
following topics to satisfy Government Code
Section 65583(a) and Senate Bill 379 requirements:
• Population, demographics, income, and
employment trends
• Housing cost, affordability, housing
characteristics, housing stock, and market
conditions
• Housing stock characteristics, including at-risk
units and vacant and underutilized land
• Special housing needs (e.g., large families,
female-headed households, seniors, homeless,
people with disabilities, employee housing, etc.)
• Regional housing needs assessment data
provided by AMBAG
Deliverables:
• Draft housing assessment and needs analysis (in
both PDF and Word format)

HOUSING RESOURCES AND OPPORTUNITIES
In collaboration with City staff, including members
of the Economic Development Division, the project
team will identify housing resources, including
available programmatic, physical and financial
resources.

Deliverables:
• Draft housing resources and opportunities analysis
for integration into the Housing Element Update (in
both PDF and Word format)

HOUSING PRODUCTION CONSTRAINTS

ANALYSIS
Potential governmental and non-governmental
constraints to housing production will be identified,
including environmental and infrastructural
constraints. This analysis must contain a review
of factors that may potentially constrain the
development, improvement, and preservation of
housing in Capitola. New housing element laws
require the assessment of non-governmental
constraints, including NIMBYism, lending practices,
shortage of labor, and other economic factors.

This work will include a review of existing city
regulations, codes, and standards related to housing.

Where constraints exist, strategies will be proposed
to address them.

Deliverables:
• Draft housing constraints analysis, formatted for
integration into the Housing Element update (in
both PDF and Word format)

HOUSING SITES INVENTORY
AMBAG has estimated 1,336 dwelling units for
Capitola in the 6th Cycle Regional Housing Needs
Assessment (RHNA). The previous 5th Cycle
Housing Element addressed an RHNA of 143 units.

RRM will use the inventory of the current site as a
starting point and work with the City to determine
sites citywide that may be viable RHNA sites
based on the following new State law requirements
bulleted below:
• Conduct additional analysis for sites larger than
one-half acre or smaller than 10 acres assumed
to accommodate lower-income households
• Conduct additional analysis for underutilized
sites
• Identify sites included in the past two housing
element cycles that are now required to allow
affordable housing by-right
• Identify if sites are publicly owned
• Indicate whether a site has available or planned
and accessible infrastructure
SECTION 2 | Approach, Work Program, and Assumptions
80 Item 7 D.

City of Capitola | Proposal FOR Housing Element Update 39 RRM will update the site selection criteria to
identify new sites and reevaluate sites identified
for the 5th Cycle Housing Element land inventory.

We will consider the General Plan policies and land
use density range, zoning, available infrastructure,
and opportunities within approved specific plans as
part of the site selection process. We will formulate
General Plan and zoning strategies that will address
additional housing unit capacity.
• Document potential sites - RRM will
prepare an inventory, map, and analysis clearly
illustrating the City’s capacity to accommodate
the 6th Cycle RHNA. In keeping with State law,
we will document the realistic development
capacity of each site and prepare a map showing
all identified sites. The sites inventory will be
compiled using the HCD template.
• Housing development concepts for
residential capacity - In collaboration
with City staff, RRM will analyze and prepare
residential concepts to create greater housing
options and density opportunities. These
concepts are intended to illustrate development
potential to inform decision-makers and the
community at large. While such concepts are
not identified in the issued RFP, we find them
extremely useful in our work with other cities
to support analysis, review, and discussion of
potential residential intensification needed to
meet raised RHNA requirements.
• Investigate alternative RHNA credits
- This includes analyzing the capacity for
alternative RHNA credits for accessory
dwelling units, preservation of existing at-risk
affordable housing projects, and other similar,
nontraditional RHNA credit opportunities.
• Underutilized sites analysis - RRM will
complete an analysis of nonvacant sites to
address a portion of the RHNA. As part of this
task, we will analyze the realistic development
potential within the planning period by
considering the extent to which a nonvacant
site’s existing use impedes additional residential
development, the jurisdiction’s past experience
converting existing uses to higher density
residential development, market trends and
conditions, and regulatory or other incentives
or standards that encourage additional housing
development on any nonvacant sites.
• Analyze the feasibility of applicable
densities to meet the lower-income
RHNA - Typically, this is done by reviewing
similarly situated built projects in the vicinity,
contacting local developers, and reviewing pro
formas/development applications submitted to
the City to infer development feasibility.
• Infrastructure analysis - With supporting
GIS data provided by the City, we will work
to determine if parcels included in the
inventory have sufficient water, sewer, and
dry utilities supply available and accessible to
support housing development. This analysis
is not required to be parcel specific. We will
review existing General Plan programs or
other mandatory programs or plans to secure
sufficient water, sewer, and dry utilities supply
to support housing development on the site.

Deliverables:
• Draft summary of analysis findings (in Excel format)
• Final housing sites inventory using the HCD standard
template
• Preparation of up to two (2) housing development
concepts to illustrate potential residential capacity

AFFIRMATIVELY FURTHERING FAIR HOUSING

ANALYSIS
The RRM team will utilize data collected from
HCD’s Affirmatively Furthering Fair Housing
(AFFH) Data and Mapping Resources website
to analyze current and historical federal, State,
regional, and local AFFH data in assessing fair
housing conditions, policies and programs pursuant
to State law, Assembly Bill 686 (AB 686). State
law defines “affirmatively furthering fair housing”
to mean “taking meaningful actions, in addition to
combating discrimination, that overcome patterns
of segregation and foster inclusive communities free
Approach, Work Program, and Assumptions | SECTION 2
81 Item 7 D.
40 from barriers that restrict access to opportunity”
for persons of color, persons with disabilities, and
other protected classes. Pursuant to AB 686, we
will prepare an assessment of fair housing to the
Housing Element, which includes the following
components:
• Analysis of fair housing issues and assessment
of the City’s fair housing enforcement and
outreach capacity
• Analysis of segregation patterns and disparities
in access to opportunities
• Consideration of local data and knowledge from
local planners and city administrators, and city
records and reports
• Assessment of contributing factors to fair
housing issues
• Identification of fair housing goals, actions,
metrics, and milestones
We will also work with City staff to determine
if the sites identified in the inventory are located
throughout the community in a manner that
affirmatively furthers fair housing. In addition, RRM
will seek support from City staff to identify past
trends and local knowledge to incorporate into the
AFFH analysis.

Deliverables:
• Draft AFFH assessment, including associated GIS
mapping, formatted for integration into the Housing
Element Update (in both PDF and Word format)

IMPLEMENTATION PROGRAM
A Housing Element implementation program will
be formulated, inclusive of quantifiable objectives
and programs, to address housing needs for all
income levels, the elderly, veterans, and populations
with disabilities, special needs or experiencing
homelessness. This may also include establishing a
rezoning plan to identify potential areas for rezoning
if properties are needed to address an RHNA
allocation shortfall.

Deliverables:
• Draft implementation program formatted for
integration into the Housing Element Update (in
both PDF and Word format)

GENERAL PLAN AMENDMENT
The project team will identify sections of the City’s
General Plan that may need to be amended to be in
compliance with State law.

Deliverables:
• Brief memorandum summarizing recommended
General Plan revisions
SECTION 2 | Approach, Work Program, and Assumptions
82 Item 7 D.

City of Capitola | Proposal FOR Housing Element Update 41 TASK 3 HOUSING ELEMENT

UPDATE REVIEW AND HCD

COORDINATION

SCREENCHECK DRAFT AND PUBLIC REVIEW
DRAFT
Integrating draft components developed under
Task 2, The project team will prepare and submit a
Screencheck Draft Housing Element to the City for
review. The Screencheck Draft will be a complete
draft and include all required components of a
Housing Element pursuant to State law, including all
tables, maps, and graphics. Following receipt of the
single set of consolidated City comments, RRM will
produce a Screencheck Draft document. City staff
will review and provide a consolidated, redlined set
of comments and changes to RRM for revision.

The Public Review Draft Housing Element will be
prepared based on the City staff’s comments on
the Screencheck Draft. City staff will provide the
project team with comments on the Screencheck
Draft within 14 days for preparation of the Public
Review Draft. City staff will provide a consolidated,
redlined set of comments and changes to RRM for
revision.

Deliverables:
• Screencheck Draft Housing Element Update (one
electronic copy and three hard copies)
• Public Review Draft Housing Element Update (one
electronic copy and twelve hard copies)

HCD COORDINATION
With support from VTA, RRM will serve as the
City’s liaison with HCD throughout the Housing
Element Update process. The project team will
support HCD communications and review, such as
answering questions and resolving any issues that
may arise during the review process, including:
• Pre-submittal consultation with HCD staff, as
necessary, depending on any issues that arise
during preparation of the Public Review Draft
• Submittal of Public Review Draft Housing
Element to HCD, in accordance with State law
(Assembly Bill 215)
• Preparation of changes to the Public Review
Draft Housing Element required for HCD
certification
• Submission of the Final Housing Element to
HCD for review and certification
Deliverables:
• Coordination with HCD staff, as described above
• Support up to three (3) rounds of HCD review

FINAL HOUSING ELEMENT
Following the public review and comment period,
the project team will prepare the final Housing
Element in response to comments from HCD,
responsible agencies, City staff, the Planning
Commission, City Council, and the public.

Deliverables:
• Final Public Review Draft of Housing Element in
electronic format (PDF and Word) and twelve bound
hard copies

PUBLIC HEARINGS
The project team will support the City review and
approval of the Housing Element Update and will
virtually attend up to four public hearings. A revision matrix may be used between public hearings to
track recommended document edits and changes.

Final edits to the Housing Element Update resulting
from the hearing process will be accommodated
under this task.

Deliverables:
• Prepare PowerPoint presentation for Planning
Commission and City Council hearings and provide
review of other hearing materials as requested
• RRM will virtually attend two (2) Planning
Commission public hearing and two (2) City Council
public hearing. If requested, the costs of additional
or in-person hearing attendance would be on a
mutually-agreeable per meeting cost
Approach, Work Program, and Assumptions | SECTION 2
83 Item 7 D.
42 TASK 4 ENVIRONMENTAL

ANALYSIS
Morse Planning Group (MPG) will lead the
environmental review and compliance task. As
background, the City certified a Final Environmental
Impact Report (FEIR) for the General Plan Update
in March 2014 (General Plan Final EIR). It adopted a
Negative Declaration for the 2014 - 2021 Housing
Element in January 2014. The General Plan FEIR
analyzed the following projected General Plan
growth: 80 dwelling units, 280 new residents, and
1,200 new jobs. The Housing Element analyzed the
2015-2023 Regional Housing Needs Assessment
(RHNA) numbers: 34 extremely low-/very lowincome, 23 low-income, 26 moderate-income, and 60 above moderate-income; 143 total units.

AMBAG estimates 1,336 dwelling units for Capitola
in the 6th Cycle RHNA numbers. The 2014 General
Plan does not have sufficient projected capacity to
accommodate the 6th cycle RHNA numbers.

ENVIRONMENTAL NOTICING AND OUTREACH
• Native American Tribal Consultation
Per SB 18 and/or AB 52 - MPG will prepare
the Local Government Tribal Consultation List
Request form for the City to contact the Native
American Heritage Commission (NAHC) for a
list of Native American tribes to consult with
respect to SB 18 and/or AB 52. Upon receipt
of the NAHC letter from the City, MPG will
support the City by providing draft letters for
City review and to be put on City letterhead.

Upon receipt of the signed letters back from
the City, MPG will transmit letters via email
initiating the consultation process under SB 18
and/ or AB 52 18. It is assumed that City staff
would meet with requested tribes in person
or by phone. MPG would assist City staff in
drafting a summary of the consultation process.
• CEQA Notices - MPG will prepare CEQA
public notices required for the project for City
review and signature: Negative Declaration,
Notice of Intent to Adopt a Negative
Declaration, and Notice of Determination.

The City will be responsible for transmitting/
filing notices to the Santa Cruz County
Clerk and documents and notices to the
State Clearinghouse (SCH) online portal, as
applicable. It is assumed that the City will be
responsible for public noticing to comply with
City requirements, such as posting notices or
newspaper notices. This scope of work excludes
payment of any California Department of Fish
and Wildlife (CDFW) filing fees, if applicable.

The City will be responsible for paying any fees
for such filings.

DRAFT ENVIRONMENTAL ANALYSIS
This scope of work assumes preparation of a
Negative Declaration for the 2024-2031 Housing
Element, and other General Plan amendments
identified to comply with State law.

ASSUMPTIONS

1. It is assumed that the CEQA document will
tier off the City of Capitola General Plan
Update Final EIR (General Plan EIR) and
any relevant adopted CEQA documents.

These CEQA documents allow for the use
of information relative to the identified
housing opportunity sites or sites identified
for rezoning in the Housing Element Update
and applicable mitigation measures.

2. No technical analyses are included as part
of this scope of work for either option. If
determined necessary, a separate scope and
fee would be prepared.

3. Effective January 1, 2022, Assembly Bill
(AB) 819 (Levine) requires electronic filing
of specified environmental documents
and notices to the Office of Planning and
Research (OPR) by Lead Agencies. https://
leginfo.legislature.ca.gov/faces/billTextClient.
xhtml?bill_id=202120220AB819. This
scope assumes City will be responsible
for electronic filing of environmental
documents and notices via CEQAnet.

SECTION 2 | Approach, Work Program, and Assumptions
84 Item 7 D.

City of Capitola | Proposal FOR Housing Element Update 43 • Initial Study/Environmental Assessment -
MPG will prepare an Initial Study in accordance
with CEQA, the CEQA Guidelines, and the City
of Capitola’s CEQA Guidelines. The Initial Study
will include detailed explanations of all checklist
determinations, discussions of potential
environmental impacts, and mitigation measures,
if applicable. The Initial Study analysis shall be in
accordance with all applicable sections of CEQA
and the CEQA Guidelines. The environmental
document will be presented with the following
sections: Introduction, Project Description,
Initial Study Checklist, Environmental Analysis,
and Initial Study Determination. MPG’s approach
to the document’s analysis portion is to provide
thorough, detailed, and conclusive impact
analysis. The topics to be reviewed include all
topics included in the most current version of
CEQA Guidelines Appendix G.
• Administrative Draft Initial Study - MPG
will submit the Administrative Draft Initial Study
for review and comment by City Staff. MPG will
also submit a Second Administrative Draft Initial
Study (“check copy”), which will incorporate
one complete set of comments received from
City staff.

FINAL ENVIRONMENTAL ANALYSIS AND

ADOPTION
• Public Review Draft Initial Study - MPG
will submit the Public Review Draft Initial Study
to the City, which will be distributed for public
review.
• Response to Comments - MPG will
respond to written comments received on the
Public Review Draft Initial Study during the
public review period and prepare thorough,
reasoned and sensitive responses to relevant
environmental issues. MPG will prepare the
Administrative Draft Responses to Comments
for review and comment by City staff. MPG
will submit one “check copy” of the final
Responses to Comments document, which will
incorporate one complete set of comments
received from City staff on the Administrative
Draft Responses to Comments. For budgeting
purposes, a maximum of 8 hours has been
assumed for MPG to prepare the Responses to
Comments. Should the comments be excessive
and require more than the budgeted time, this
task and associated costs would be revisited.
• Adoption - Following City Council approval of
the CEQA document, MPG will prepare a final
environmental document, which will consist
of the revised Public Review Draft Initial Study
text, as necessary to address the comments
received during the public review period.

MEETINGS AND PUBLIC HEARINGS
• Meetings - MPG Staff will attend up to two
meetings with City staff, including the kickoff
meeting. This task assumes a budget of four
hours per meeting for a total of eight hours.
• Public Hearings - MPG will attend up to
four virtual public hearings, two each with the
Capitola Planning Commission and City Council.

This task assumes a budget of six hours per
meeting for a total of 24 hours. The costs of
additional or in-person hearing attendance
would be on a time and materials basis if
requested.

Deliverables:
• One (1) electronic copy (Word and PDF) of Native
American Consultation Letters
• One (1) electronic copy (Word and PDF) of Native
American Consultation Summary
• One (1) electronic file (Word and PDF) of
Administrative Draft IS/ND
• One (1) electronic file (Word and PDF) of “Check
Copy” of Draft IS/ND
• One (1) electronic copy (Word and PDF)) of Draft
IS/ND
• One (1) electronic copy (Word and PDF) of Final IS
and ND
• MPG assumes that the City will provide one set of
consolidated City comments on draft work products
Approach, Work Program, and Assumptions | SECTION 2
85 Item 7 D.
44 WORK PROGRAM ASSUMPTIONS
• City Data and Materials. The City is responsible for providing city data and materials necessary for RRM to conduct required analysis in preparation for the Housing Element update. City resources may include records and information from various city departments/divisions, as well GIS parcel data from the City or County.
• Meeting Notices. RRM Design Group will provide website content to notice upcoming meetings and workshops. The City is responsible for printing and distributing physical meeting and workshop notices.

The costs of providing printing and/or distribution of physical meeting and workshop notices would be on a time and materials basis if requested.
• Meeting Attendance. The project budget includes attendance at public meetings and workshops identified in the work program. The costs of additional meeting attendance would be on a time and materials basis if requested. Meeting attendance is generally assumed to be virtually conducted for the project’s duration due to COVID-19 conditions. The costs of additional or in-person meeting attendance would be on a time and materials basis (or other mutually-agreeable approach) if requested. • Draft Documents. A draft of each document will be provided to staff and revised based on a single set of consolidated City comments in track changes providing clear direction. • Printing. The project budget assumes the City will be responsible for printing and distributing documents unless otherwise indicated (e.g., transmitting physical documents to HCD as required by State law)
• Coastal Commission. The City is responsible for any coordination, document preparation, and meeting attendance required for Coastal Commission review and consideration during the Housing Element Update process.
• Fees. Filing fees such as for environmental documentation agency filings, if required, would be the responsibility of the City.

SECTION 2 | Approach, Work Program, and Assumptions
86 Item 7 D.

RRMDIANE BATHGATE RRMBRADY WOODS RRMBRET STINSON RRMMATT OTTOSON RRMSUPPORT STAFF RRMSCOTT MARTIN VERONICA TAM + ASSOCIATES MORSE PLANNING GROUP 230 $ per hour 175 $ per hour 150 $ per hour 170 $ per hour 105 $ per hour 220 $ per hour Task 1: PROJECT ADMINISTRATION FEE TYPE
T&M NTE $ 1,800 2 $460 4 $700 2 $300 2 $340 0 $0 0 $0
T&M NTE $ 1,160 2 $460 4 $700 0 $0 0 $0 0 $0 0 $0
T&M NTE $ 20,100 20 $4,600 60 $10,500 0 $0 0 $0 0 $0 0 $0 Task 1 Value: 23,060 $
Task 2: HOUSING ELEMENT UPDATE COMPONENTS FEE TYPE
T&M NTE $ 5,420 4 $920 24 $4,200 2 $300 0 $0 0 $0 0 $0
T&M NTE $ 21,000 24 $5,520 40 $7,000 16 $2,400 16 $2,720 32 $3,360 0 $0 T&M NTE $ 7,080 4 $920 16 $2,800 0 $0 0 $0 32 $3,360 0 $0T&M NTE $ 8,900 4 $920 36 $6,300 0 $0 0 $0 16 $1,680 0 $0T&M NTE $ 9,780 4 $920 36 $6,300 0 $0 0 $0 16 $1,680 4 $880 T&M NTE $ 16,080 8 $1,840 16 $2,800 32 $4,800 8 $1,360 0 $0 24 $5,280 T&M NTE $ 12,500 4 $920 48 $8,400 0 $0 0 $0 16 $1,680 0 $0 T&M NTE $ 3,720 4 $920 16 $2,800 0 $0 0 $0 0 $0 0 $0T&M NTE $ 4,920 8 $1,840 8 $1,400 0 $0 0 $0 16 $1,680 0 $0 Task 2 Value: 89,400 $
Task 3: HOUSING ELEMENT UPDATE REVIEW AND HCD COORDINATION FEE TYPE T&M NTE $ 14,560 8 $1,840 40 $7,000 0 $0 4 $680 48 $5,040 0 $0 T&M NTE $ 12,460 16 $3,680 32 $5,600 0 $0 0 $0 16 $1,680 0 $0 T&M NTE $ 6,240 4 $920 16 $2,800 0 $0 0 $0 24 $2,520 0 $0T&M NTE $ 16,040 32 $7,360 40 $7,000 0 $0 0 $0 16 $1,680 0 $0 Task 3 Value: 49,300 $
Task 4: ENVIRONMENTAL ANALYSIS FEE TYPE
T&M NTE $ 1,800 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0
T&M NTE $ 12,000 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0
T&M NTE $ 1,800 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0T&M NTE $ 4,200 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Task 4 Value: 19,800 $
$ 181,560$ 2,000$ 183,560
Senior Planner
$0
$1,500 $0
$4,200
$0
$1,800
$0 $0$0 $12,000$0 $1,800$0 $0
$1,500 $0
$0$0$0$0$0$0$0$0
Capitola Housing Element UpdateFee ScheduleRevised May 4, 2022 Principal-In-Charge Project Manager Senior Planner Architect Planner Environmental Consultant lump sum per task
$0$0
$5,000
Housing Element
Strategist
lump sum per task
$0$0$0$0$0$0$0$0$0$0
Fee Footnotes Estimated fees for tasks shown as “Time and Materials - Not to Exceed" (T&M/NTE) are provided for informational purposes only. Amounts billed for these tasks, which will reflect actual hours, will not be exceeded without prior approval by the client.Reimbursable ExpensesIncidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Adjustment to Hourly Billing RatesRRM reserves the right to adjust hourly rates on an annual basis.

Subtotal
Estimated Project Total
Reimbursable Expenses
$0$0$0
Meetings and Public HearingsFinal Environmental Analysis and AdoptionDraft Environmental Analysis Environmental Noticing and OutreachGeneral Plan AmendmentImplementation ProgramAffirmatively Furthering Fair Housing Analysis Public HearingsFinal Housing ElementHCD CoordinationScreencheck Draft and Public Review DraftReview of Existing Conditions and Needs Project ManagementProject ScheduleProject KickoffHousing Sites Inventory Housing Production Constraints AnalysisHousing Resources and Opportunities Housing Assessment and Needs AnalysisPublic Outreach 87 Item 7 D.

Capitola City Council
Agenda Report
Meeting: May 12, 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 May 3, 2022, more than 6.2 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 515 million cases reported worldwide. At least 5.2 million children have lost a parent or caretaker due to the virus.

On May 5, 2022, The World Health Organization said that “nearly 15 million more people died during the pandemic than would have in normal times”.

Since the beginning of the pandemic in the United States more than 992,033 people have died from the virus and more than 81.2 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, 89,694 deaths due to COVID-19 have been reported; there is currently a daily average of 13 deaths a day, down from 57 twoweeks ago. According to data from May 3, 2022, the average new COVID-19 case count per 100k was 12.4 (up from 10.6 on May 2 and 6.9 on April 22). In California, at least 1 in 4 residents have been infected with COVID-19.

Rising 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.

The New York Times reported on May 3 that in the United States “cases are increasing in all but four states and territories, and in more than a dozen, the daily case average is twice as high 88 Item 7 E.
today as it was two weeks ago. Despite this rapid growth, the virus's true spread is believed to be even greater, since many infections go uncounted in official case reports”.

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 Pfizer 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 April 20, the active case count in Santa Cruz County was 727. Now according to data from May 4, the active case count is 1.054. The average case count per 100k is 23.9. This number has risen from where it was on April 17 at 16.3 per 100k.

In our County the total death count due to COVID-19 is 261. 89 Item 7 E.

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
90 Item 7 E.

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, March 24, April 14, and April 28, 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 91 Item 7 E.
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 28th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Sam Storey, Mayor
ATTEST: __________________
Chloé Woodmansee, City Clerk
92 Item 7 E.

Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: Public Works Department
Subject: Application from the Capitola Village and Wharf Business Improvement Association to Replace Arbor Sign at Stockton Avenue and Capitola Avenue
Recommended Action: Consider an application from the Capitola Village and Wharf Business Improvement Association to replace the sign hanging at the Stockton-Capitola Avenue arbor with a surfboard-style sign.

Background: In May 2019, City Council adopted Administrative Policy V-16 regarding decorations placed in public areas within Capitola Village (Attachment 1). Pursuant to this policy, the Capitola Village and Wharf Business Improvement Association (BIA) submitted a proposal to replace the existing sign hanging in the arbor at Stockton Avenue and Capitola Avenue with a new surfboard in April 2021. At that hearing, Council directed the BIA to update the sign and prepare a mockup of the proposed sign. Last month, the BIA submitted a new proposed sign for that location (Attachment 2), shaped like a surfboard but printed on aluminum.

The existing sign (Attachment 3), installed in 2005, welcomes visitors to Capitola Village and provides direction (in the form of an arrow) to public parking.

Discussion: The proposed surfboard sign would replace the existing decorative sign in the same location, which was installed as part of a 2005 sign program. That program included signs with the same design concept featuring historical images of Capitola, which were installed and currently remain in the Upper and Lower Beach and Village parking lots (behind City Hall), as well as wayfinding signs along Capitola Avenue, which direct visitors to Capitola Beach and the Village. Some of the wayfinding signs have since been replaced with new signs in a different design, but the signs in the upper parking lot remain and new duplicate signs for the lower lot are on order.

As detailed in the BIA request (Attachment 4), the proposed surfboard sign will be produced by Pleasure Point Design. It will be a digital print laminated on aluminum, as a real surfboard proved to be expensive and likely not allow crisp wording.

If approved, the City’s Public Works Department will install the new sign.

Fiscal Impact: The Public Works Crew’s installation costs can be covered with existing budgeted staffing costs.

Attachments:

1. Administrative Policy V-16: Village Streetscape Decoration

2. Proposed Surfboard Sign

3. Existing Village Arbor Sign

4. BIA email request
Report Prepared By: Steve Jesberg, Public Works Director Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
93 Item 8 A.

ADMINISTRATIVE POLICY

Number: V-16
Issued: 5/9/19

Jurisdiction: City Council

VILLAGE STREETSCAPE DECORATIONS
I. PURPOSE
The purpose of this policy is to provide a process for the review and authorization of decorations placed in public spaces within Capitola Village. Decorations may include tree lighting, banners hung from streetlights, and any temporary placement of decorative itemssuch as a seasonal décor or holiday celebrations.

This policy is intended to regulate the placement of decorations independent from approved Special Events. Any decorations proposed as part of a Special Event shall be reviewed and approved through the Special Event process.

For the sole purpose of this policy, the term “Village streetscape” includes all public road rightsof-way in the CV (Central Village) zoning district including streets, sidewalks, green belts (Lawn Way), and Esplanade Park.

II. POLICY
All proposals for the installation or placement of decorations shall be submitted to the Public Works Department a minimum of sixty (60) days prior to the desired date of installation. All proposals will be reviewed by Public Works staff who will consult with other City departments as needed.

Village streetscape decorations must promote the Village or City. Decorations cannot advertise any specific business or product.

All new proposed Village decorations must be approved by the City Council. Applicants are advised not to purchase any decorations until City approval is granted.

Previously approved Village decorations may be approved by the City Manager provided the City Manager can make all of the following findings:

1. The decorations were previously approved by the City Council.

2. The decorations were installed the previous year.

3. There are no significant modifications or variations to the decorations as compared to prior years.

4. There were no major issues with the decorations in recent prior years.

5. The decorations, as proposed, can function safely.

6. The decorations will not cause undue interference with previously approved or ongoing activities, construction, road maintenance, public transit systems, or traffic.

7. The decorations provide a benefit to the Village or City. 94 Item 8 A.

Administrative Policy V-16
Village Streetscape Decorations

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If the City Manager cannot make the above findings, the proposal shall be denied, or the City Manager may refer the proposal to the City Council. The City Manager’s approval/denial of a decorating proposal is appealable to the City Council. All appeals must be made pursuant to Chapter 2.52 of the Capitola Municipal Code.

The City Manager may refer any recurring decorating proposal to the City Council for consideration. Any Council Member may require that any recurring decorating plan be brought to the City Council for consideration by making such a request prior to the City Manager’s approval.

III. INSURANCE
All entities installing decorations on Village streetscape must provide proof of general liability insurance that names the City of Capitola as an additional insured. Insurance coverage must be maintained for the duration that the decorations are installed. The insurance requirements shall meet the levels stipulated in the most current contract between the City and the Capitola Village and Wharf Business Improvement Association
IV. INSTALLATION
Installation of all decorations must be coordinated with the Department of Public Works.

All decorations to be installed by the City must be delivered to the City Public Works Corporation Yard located at 430 Kennedy Drive, Capitola CA 95010 at least one (1) week prior to the installation date.

If the applicant proposes to self-install decorations, the Public Works Department must be notified 72 hours in advance of the installation date. Any corrective action to applicant-installed decoration must be remedied immediately by the applicant upon notice from the City. Failure by the applicant to take required corrective actions may result in removal of the decoration by the Public Works Department. Applicant will be changed for any costs associated with removal due to failure by the applicant to take corrective action.

The City reserves the right to remove Village streetscape decorations at any time for any or no reason.

V. PROCEDURE
A. Submit Village Streetscape proposals to Public Works 60 days prior to desired installation.

Repeat plans may be submitted 30 days in advance.

Plan shall include the following:
1) Description of decoration purpose and theme
2) Date of installation and date of removal
3) Description of decorations including:
a. Description of individual elements
b. Pictures or sketches required for all elements
c. Manufacturer or supplier and color of any lights
d. Size of elements if applicable
4) Placement (use of a plan sheet is encouraged)
95 Item 8 A.

Administrative Policy V-16
Village Streetscape Decorations

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5) Insurance certificate
B. Initial review by applicable Public Works Department C. Public Works will route to City Departments
D. Approval by the City Manager or City Council
E. Public Works Department will issue notice of approval This policy is approved and authorized by

96 Item 8 A.

P
©2022 PPD MULTIMEDIA, INC.

Studio 831.479.9098
3700 Portola Drive • Santa Cruz, CA 95062
www.ppdmultimedia.com • Lic. #971270
•Please Inspect and Read This Proof Very Carefully•
This proof is an important phase of your project. Now is the time to catch any errors. Items like phone numbers, addresses, and names cannot be spell checked, therefore PPD is not accountable for incorrect information. Please take the time to verify all printed information prior to signing this form.

Client: Capitola BIA
Project: Surfboard Parking Sign
Date: 4-13-22 Filename: capitola bia/signs/parking sign/surfboardparkingsign_proof4.ai 96”w x 28”h
Approved By Date
All Day Parking Capitola Village
P
All Day Parking Capitola Village
97 Item 8 A.
98 Item 8 A.
1 Jesberg, Steve ([email protected])
From: Goldstein, Jamie ([email protected])
Sent: Wednesday, April 13, 2022 5:30 PM
To: Jesberg, Steve ([email protected])
Subject: Fwd: [PDF] Parking sign
Attachments: surfboardparkingsign .pdf
Get Outlook for Android
From: Carin Hanna <[email protected]>
Sent: Wednesday, April 13, 2022 4:34:23 PM
To: Goldstein, Jamie ([email protected]) <[email protected]> Subject: [PDF] Parking sign

Hi Jamie,
The BIA board has voted on the final design for the parking sign at the intersection of Stockton and Cap Ave. Obviously this needs to go through the city. We are hoping since the general concept of a surfboard shaped sign has already been to the council and the only real objection was the wording, we are hoping we can see some sort of fast track on this. We took the council suggestions with minimal wording and predominantly international blue coloring. Could it go directly to the council rather than through Planning Commish? Also we hope not to get the Arts Commission involved to even further muddy the waters.

The sign will be produced by Pleasure Point Design. It will be a digital print laminated on aluminum as a real surfboard proved to be expensive and likely not look as crisp.

Please let me know what the next step will be. Summer's almost here.

Thanks, Carin
99 Item 8 A.

Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: Police Department
Subject: Women on Waves Surf and Swim Contest
Recommended Action: Consider expanding Women on Waves Surf and Swimming Contest, a previously approved General Special Event, from a one-day to a two-day event.

Background: Women on Waves Surf Contests (WOW) are surf and swimming contests that highlight and celebrate female surfing while raising money to benefit women-focused non-profit organizations in the local community. Since its inaugural event in 1997, leadership has expanded and evolved. This year’s event is being organized by local business owner Aylana Zanville.

Historically, Women on Waves events in Capitola drew crowds less than 200 attendees, necessitating only a Minor Special Event permit, processed by the Police Department, and approved by the City Manager. However, in 2018, due to positive surf conditions and weather, the event was a pivotal success with many more spectators and more than 200 participants. Event organizers did not apply for any type of SEP in 2019 and the event did not take place. As result of the 2018 success and the event’s impact on City services, organizers were directed to apply for a General Special Event Permit in 2020, which was approved by City Council on March 12, 2020. The event did not end up taking place due to the onset of the COVID-19 pandemic. Now, WOW would like to expand the event proposed for this year to a two-day event held on October 22 and 23, 2022.

Discussion: Special Event Permits (SEP) are divided into two categories: Minor Special Events, with less than 200 attendees and limited City impact and which can be approved by the City Manager; and General Special Events, which have more than 200 attendees and/or expect notable impacts to City services or a neighborhood. Applications for new General Special Events must be presented to Council for review, consideration, and approval. Currently, the City has approved 19 Minor Event Permits this year and 11 General Event Permits. Furthermore, three of the 11 General events are 2-day events.

The applicant for the Women on Wave event has applied for a two-day General Event SEP on Saturday and Sunday, October 22 and 23, 2022, from 7:30 am – 7:30 pm. The event is comprised of women and girls surfing and swimming contests and the anticipated attendance is between 250 to 350 people. Vendor concession tents have been requested along the grassy area of the Esplanade Park, including a few contestant tents on the beach along the seawall. Vendors will be limited to selling event-shirts apparel, sunscreen, jewelry, and arts and crafts. There will also be a skin-cancer screening tent to encourage self-care. Attendees will be encouraged to dine at local restaurants. No food will be sold at the event and no merchandise will be sold outside of Esplanade Park.

Participants and attendees will use local City parking and no requests for road closures have been made. The applicant has agreed to supply two portable toilets and additional trash/recyclable receptacles. The applicant will rely on volunteers to staff the event and will hire off-duty lifeguards for the swimming event.

The Police Department has not received any complaints or citizen calls for police services during the designated operational period during any of the previous WOW events. 100
Item 8 B.

Fiscal Impact: The fiscal impact on the City of Capitola is offset by the event operator fees.

Attachments:

1. 2022 Women on Waves Surf and Swim Contest SEP Application Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: Community Development Department
Subject: Senate Bill 9 Residential Developments and Urban Lot Splits Ordinance
Recommended Action: 1) Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola adding Municipal Code Chapters 16.78 and 17.75, adding Municipal Code section 16.08.020, and amending section 17.74.040 for the implementation of government code sections 66411.7 and 65852.21 related to Urban Lot Splits and Senate Bill 9 Residential Developments; and 2) Adopt proposed resolution Authorizing Submittal to the California Coastal Commission for the Certification of an Amendment to the Local Coastal Program Adding Municipal Code Chapters 16.78 and 17.75, adding Municipal Code Section 16.08020, and Amending Section 17.74.040 for the Implementation of Government Code Sections 66411.7 and 65852.21 Related to Urban Lot Splits and Senate Bill 9 Residential Developments.

Background: The State legislature passed Senate Bill 9 (SB 9) in 2021; the bill went into effect on January 1, 2022. SB 9 enacted Government Code Sections 66411.7 and 65852.21, which apply solely to properties within a single-family (R-1) zone. The bill allows the subdivision on R-1 lots into two lots with up to two residential units on each new lot.

In February, 2022, the Planning Commission reviewed the draft SB9 ordinance and provided feedback. The feedback is outlined in the discussion portion of this report. During a special meeting in March the Commission reviewed SB9 buildout models designed to fit on typical Capitola lots and provided policy direction regarding height, setbacks, and parking options for smaller lots that cannot accommodate SB9 development without adding additional height or allowing parking within the entire front yard. On April 15, 2022, the City republished the draft ordinance, including all Planning Commission guidance. On April 21, 2022, the Planning Commission recommended City Council adopt the ordinance.

During the last Council meeting, staff provided an overview of SB9 and the draft ordinance.

Discussion: The proposed ordinance establishes two new chapters of the Capitola Municipal Code: Chapter 16.78 for Urban Lots Splits and Chapter 17.75 for Two Unit Developments. The ordinance establishes eligibility requirements, review procedures, and objective standards for review of urban lot splits and SB-9 residential development applications.

Consistent with State law requirements, the ordinance includes the following:

Eligibility:
 All properties located in the single family (R-1) zoning district Subdivision  Up to two new parcels of at least 1,200 square feet in area  Created lots at least 40 percent of the lot area of the original parcel  Lots with access to the public right-of-way
Allowed Development:
 Up to two units allowed on each lot. Maximum of four units, total. 114
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 Guaranteed allowance of up to 800 square feet per unit, regardless of setbacks, parking, and height
 4 feet maximum side and rear yard setback
Ministerial Review:
 Ministerial review by staff. Not subject to discretionary review by the Planning Commission.  Review limited to applying objective development standards  Review cannot apply subjective standards, such as compatibility within the neighborhood.

When Planning Commission reviewed the first draft of the ordinance on February 3, it provided the following feedback:

1. Add requirement for deed restriction that development be limited to the standards within Chapter 17.75: Two-Unit Development in Chapter 17.75 and Chapter 17.74 Accessory Dwelling Units and prohibit Vacation Rental

2. Keep guaranteed allowance for unit size at 800 square feet

3. Increase maximum unit size to 1,200 square feet for consistency with ADU regulations

4. Do not require separation between residential units

5. Limit front porch development to maintain front yards

6. Remove requirement that color and materials must match other structures on the same parcel

7. Include stormwater and onsite infiltration/pervious surface requirements

8. Specify if accessory uses, such as home occupancy or childcare, are allowed

9. For guaranteed allowance, protect front yards as the last option to expand into

10. Consider decreased side and rear setbacks for smaller lots

11. For lots created through SB9 Urban Lot Split, allow zero setbacks from the new central lot line

12. Minimize curb cuts for driveways. Require shared driveways with a maximum of one curb cut

13. Create maximum driveway widths rather than minimum driveway widths

14. Add standards to preserve front yards in single-family neighborhoods

15. Do not require covered parking

16. Guide parking to the side and rear of homes, not in the front yard On March 31, 2022, the Planning Commission reviewed SB9 buildout models on typical Capitola lots and provided feedback. Specifically, further study of the proposed SB9 development standards applied to Capitola’s typical lot sizes revealed that lots under 5,500 square feet in size cannot accommodate four 800-square-feet units which comply with the SB9 ordinance setbacks, height, and parking requirements. For instance, on a 3,200 square foot lot, if parking is required onsite but not in the front yard, a third story and decreased front yard setbacks must be allowed to fit four 800 square foot units within the two lots. During the meeting, three of the five Commissioners directed staff to allow additional height up to three stories and require parking through shared access toward the back to the property to preserve front yards in the R-1 zone.

Commissioners Routh and Wilk preferred parking in the front yard rather than additional height.

Ultimately, the standards for additional height and no parking in the front yard were included in the draft ordinance recommended by Planning Commission, pursuant to the majority direction.

The draft ordinance was also sent to Coastal Commission staff for comments. In general, Coastal Commission staff comments suggested putting in protections for areas prone to flooding, sea 115
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level rise, environmentally sensitive habitat areas (ESHA), and geologic hazards. Another suggestion of Coastal staff was to require onsite parking or limit development in areas with limited street parking availability to ensure coastal access. Lastly, they requested additional notes to ensure the requirement of a Coastal Development Permit (CDP) and necessary CDP findings are required for all SB9 development projects within the coastal zone. In response to Coastal Staff’s suggestions, City staff updated the draft ordinance to prohibited SB9 Residential Developments and Urban Lot Splits within the 100-year and 500-year flood areas, the Geological Hazards (GH) overlay, and within the Environmentally Sensitive Habitat Areas (ESHA) overlay. The ordinance was also updated to not allow any parking exceptions to onsite parking requirement for properties located on streets with extremely limited street parking near the coast to ensure coastal access is not impacted. A map of impacted streets is included in the ordinance.

At the April 28, 2022, City Council meeting, Mayor Story asked if the language regarding the Ellis Act in Section 16.78.020.B.6.c should be modified to state something other than “evict tenants”.

The specific language from the Ellis Act is “withdraw accommodations from rent or lease”. The draft ordinance has been updated with this change.

CEQA: This action is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to implement the requirements of sections 65852.21 and 66411.7 of the Government Code.

Fiscal Impact: None.

Attachments:

1. SB9 Ordinance

2. Resolution Authorizing Submittal to California Coastal Commission for Certification

3. SB9 Buildout Models

4. SB9 Map

5. Environmentally Sensitive Habitat Area Map

6. Geologic Hazards Map

7. Flood Map

8. Zoning Map

9. HCD SB9 Guidance

10. Coastal Commission SB9 Guidance
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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Page 1 of 4 ends

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF CAPITOLA ADDING MUNICIPAL CODE CHAPTERS 16.78 AND 17.75, ADDING MUNICIPAL CODE SECTION 16.08.020, AND AMENDING SECTION 17.74.040 FOR THE IMPLEMENTATION OF GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 RELATED TO URBAN LOT SPLITS AND SB9 RESIDENTIAL DEVELOPMENTS
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 66411.7 and 65852.21 to the Government Code, effective January 1, 2022; and WHEREAS, these provisions require the City to provide ministerial approval of urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling units (“SB9 Residential Developments”) on each single-family residential zoned lot within the City, subject to certain limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of Urban Lot Splits by size and proportionality; and
WHEREAS, Government Code sections 66411.7(a)(3)(C) and 65852.21(a)(2) limit Urban Lot Splits and SB9 Residential Developments, respectively, to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties, unless projects on such sites meet specified conditions; and WHEREAS, Government Code sections 66411.7(a)(3)(D) and 65852.21(a)(3) through (a)(5) limit eligibility of an Urban Lot Split and a SB9 Residential Development, respectfully, that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow a city to deny an Urban Lot Split for properties within an historic district or listed on the State’s Historic Resource Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and
WHEREAS, Government Code sections 66411.7(c) and 65852.21(b) allow a city to establish objective zoning standards, objective subdivision standards, and objective 117
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design review standards for Urban Lot Splits and SB9 Residential Developments, respectively, subject to limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction of two units on either of the resulting parcels from an Urban Lot Split or that would result in a unit size of less than 800 square feet” for a SB9 Residential Development; and
WHEREAS, Government Code sections 66411.7 and 65852.21 allow a city to deny a proposed SB9 Residential Development or Urban Lot Split, respectively, if the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, pursuant to Government Code sections 65852.21(j) and 66411.7(n), the City may adopt an ordinance to implement the provisions of Government Code sections 65852.21 and 66411.7, and such an ordinance shall not be considered a project under the California Environmental Quality Act (“CEQA”); and WHEREAS, in recognition of the City of Capitola’s unique geography and proximity to the Pacific Ocean, the City Council desires to implement objective standards and an application process for projects undertaken pursuant to Government Code Sections 65852.21 and 66411.7 by the adoption of such an ordinance; WHEREAS, on February 3, 2022, and March 31, 2022, the Planning Commission provided feedback on draft objective standards.

WHEREAS, on April 21, 2022, the Planning Commission recommended to the City Council adoption of the objective standards.

BE IT ORDAINED by the City of Capitola as follows:

Section 1. The above findings are adopted and incorporated herein.

Section 2. Section 16.08.120 (Urban Lot Split) is added to Chapter 16.08 (Definitions) to read as follows:

16.08.020 Urban Lot Split.
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The subdivision of a parcel within a residential single-family (R-1) zone into two parcels pursuant to Section 66411.7 of the Government Code and Chapter 16.78 of the Capitola Municipal Code.

Section 3. Chapter 16.78 (Urban Lot Splits) is added to Title 16 (Subdivisions) of the Capitola Municipal Code as set forth in Attachment 1, attached hereto and incorporated herein by this reference.

Section 4. The following subsection M is added to Section 17.74.040 (General Requirements) of Chapter 17.74 (Accessory Dwelling Units) of the Capitola Municipal Code to read as follows:

M. Pursuant to the authority provided by section 65852.21(f) of the Government Code, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: 1) an Urban Lot Split has been approved pursuant to Chapter 16.78 herein; and 2) a SB9 Residential Development with two units has been approved for construction pursuant to Chapter 17.75 herein.

Section 5. Chapter 17.75 (SB9 Residential Developments) is added to Title 17, Part 3 (Zoning, Citywide Standards) of the Capitola Municipal Code as set forth in Attachment 2, attached hereto and incorporated herein by this reference.

Section 6: Environmental Review.

The City Council finds and determines that enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to implement the requirements of sections 65852.21 and 66411.7 of the Government Code.

Section 7: Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption except that it will not take effect within the coastal zone until certified by the California Coastal Commission. This Ordinance shall be transmitted to the California Coastal Commission and shall take effect in the coastal zone immediately upon certification by the California Coastal Commission or upon the concurrence of the Commission with a determination by the Executive Director that the Ordinance adopted by the City is legally adequate.

Section 8: Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and 119
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phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 9: Certification.

The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the ___ day of _______ 2022, and was adopted at a regular meeting of the City Council on the ___ day of _______ 2022, by the following vote:

AYES:

NOES:

ABSENT:

Sam Story, Mayor
Attest: ___________________________
Chloe Woodmansee, City Clerk

Approved as to form:
___________________________________
Samantha Zutler, City Attorney
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CHAPTER 16.78 – URBAN LOT SPLITS
Sections:

16.78.010 Purpose and Intent

16.78.020 Eligibility

16.78.030 Objective Standards

16.78.040 Parcel Map Application Review and Action

16.78.050 Use and Development Requirements

16.78.060 Deed Restrictions

16.78.010 Purpose and Intent
This chapter contains requirements for urban lot splits to implement Government Code Section 66411.7. These requirements are necessary to preserve of the public health, safety, and general welfare, and to promote orderly growth and development. In cases where a requirement in the chapter directly conflicts with Government Code Section 66411.7, the Government Code governs.

16.78.020 Eligibility
A. Parcel Map Required. A parcel map is required for all urban lot splits pursuant to Government Code Section 66411.7.

B. Requirements to Accept Application. The City shall accept a parcel map application for an urban lot split only if the application complies with all of the following requirements:

1. Existing Parcel Size. The area of the existing parcel is 2,400 square feet or more.

2. Number of New Parcels. The urban lot split creates no more than two new parcels.

3. New Parcel Size. The area of each newly created parcel is:
a. At least 1,200 square feet; and
b. No smaller than 40 percent of the parcel area of the original parcel.

4. Zoning District. The parcel is located within the Residential Single-Family (R-1) zoning district.

5. Environmental Resources and Hazards.
a. The parcel satisfies the requirements of Government Code subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, which prohibits development on sites subject to specified environmental resources and hazards. b. The parcel is not located in any of the following areas as identified in the City’s certified Local Coastal Program:
(1) Geological hazard areas.
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(2) 100-year and/or 500-year flood hazard areas.
(3) Environmentally Sensitive Hazard Habitat Areas (ESHA).

6. Affordable and Rental Housing. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code (the Ellis Act) to withdraw accommodations from rent or lease evict tenants due to the property owner’s decision to no longer use the property for rental housing within 15 years before the date that the development proponent submits an application.
d. Housing that has been occupied by a tenant in the last three years based on the date of the application for an urban lot split.

7. Historic Resources.
a. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.
b. The parcel is not located on a site which includes a structure that is a Designated Historic Resource or that meets the criteria provided in Municipal Code Section

17.84.020.B. to qualify as a Designated Historic Resource.

8. No Prior Urban Lot Split.
a. The parcel has not been established through prior exercise of an urban lot split provided for in Government Code Section 66411.7 of this chapter. b. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.

16.78.030 Objective Standards
All urban lot splits shall comply with the following standards, unless the applicant can demonstrate that a standard would have the effect of physically precluding the construction of two units on either of the resulting parcels or would preclude a unit size of 800 square feet for either unit.

A. Parcel Line Angles. New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines. 122
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B. Street Frontage/Flag Lots. Parcels without 20 feet or more of frontage on a street are not permitted, except that flag lots are permitted if:

1. The front corridor portion of the flag lot is at least 5 feet in width; and

2. The lot shares with the other newly created lot a driveway or private road at least 10 feet in width and no more than 40 percent of the parcel width or 20 feet, whichever is less.

C. Parking.

1. Number of Spaces.
a. A minimum of one off-street parking space shall be provided for each dwelling unit except that no parking is required where the parcel satisfies one or more of the following circumstances:
(1) The parcel is located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(2) There is a car share vehicle located within one block of the parcel. b. The exception for parcels that satisfy subparagraphs (1) or (2) does not apply to areas identified in Figure 1.

Figure 1
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2. Shared Driveways.
a. Both newly created parcels shall share one driveway providing vehicle access to the parcels. A maximum of one curb cut is permitted to serve both newly created parcels. b. The maximum width of the new driveway crossing a public sidewalk is 12 feet.

D. Access to Public Right-of-way. The newly created parcels shall provide access to or adjoin the public right-of-way, sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq. (Intent).

E. Setbacks.

1. No setback is required for an existing structure or a structure reconstructed in the same location and to the same dimensions as an existing structure. In all other circumstances minimum setbacks consistent with Zoning Code Section 17.75.050 (Objective Development Standards) are required.

2. Within the coastal zone, structures must comply with minimum setbacks from environmentally sensitive habitat areas and geologic hazards as specified in Zoning Code Chapter 17.64 (Environmentally Sensitive Habitat Areas) and Chapter 17.68 (GH Geologic Hazards District).
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3. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

F. Existing Structure on One Parcel. The proposed lot split shall not result in the splitting of any structure between the two parcels and shall not create a new encroachment of an existing structure over a property line.

G. Residential Land Use. The proposed new parcels must be intended for residential use.

H. Floor Area Calculation. Floor area calculation exclusions in 17.48.040(B)(6) do not apply to an SB9 residential development.

I. Compliance with Subdivision Requirements. The parcel map shall satisfy the objective requirements of the Subdivision Map Act and this title regarding parcel maps, including Chapter

16.24 (Design Standards) except as provided in this chapter.

16.78.040 Parcel Map Application Review and Action
A. Application Contents. A parcel map application for an urban lot split must be filed with the Community Development Department on an official City application form. Applications shall be filed with all required fees, information, and materials as specified by the Community Development Department. At a minimum, an application package shall include the following:

1. Title report showing the current ownership and all liens and encumbrances.

2. Copies of deeds for all properties included in the request.

3. A plat map drawn to scale by a licensed land surveyor or registered civil engineer depicting all of the following:
a. Existing and proposed parcel lines.
b. Location of easements required for the provision of public services and facilities to each of the proposed parcels.
c. Location of any easements necessary for each parcel to have access to the public right-of-way.
d. Survey of existing conditions signed and stamped by licensed land surveyor or civil engineer.
e. Site plan with existing conditions, proposed parcel lines, driveways, and location of utility easements.

4. An affidavit, signed by the property owner under penalty of perjury, declaring all of the following to be true:
a. Any housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.
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b. The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
c. The owner has not previously subdivided an adjacent parcel using an urban lot split. d. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

B. Ministerial Approval. The Community Development Director shall ministerially approve a parcel map for an urban lot split if the application complies with all requirements of this chapter.

No public hearing or discretionary review is required.

C. Basis for Denial.

1. The Community Development Director shall deny the urban lot split if either of the following is found:
a. The urban lot split fails to meet or perform one of more objective requirements imposed by the Subdivision Map Act or by this chapter. Any such requirement or condition that is the basis for denial shall be specified by the Community Development Director in writing.
b. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. For an urban lot split in the coastal zone, the Community Development Director shall deny the application upon finding that the development is inconsistent with policies of the Local Coastal Plan and/or will have an adverse impact on coastal resources.

3. The Community Development Director shall not deny an urban lot split solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

D. Conditions of Approval.

1. Easements. The Community Development Director shall condition parcel map approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-ofway. 126
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2. Nonconforming Zoning Conditions. The Community Development Director may not require the correction of nonconforming zoning conditions on the parcel a condition of parcel map approval.

E. Within Coastal Zone.

1. A proposed urban lot split that is located in the coastal zone may require a Coastal Development Permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in 17.44.130 (Findings for Approval).

2. A public hearing for a CDP application for an urban lot split is not required.

3. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code).

16.78.050 Use and Development Requirements
A. Short-term Rentals Prohibited. It is unlawful to use a dwelling unit constructed on a parcel created under this chapter for vacation rentals as defined in Chapter 17.160 (Glossary).

B. Residential Use. The primary use of a dwelling unit constructed on a parcel created under this chapter must be residential.

C. Maximum Unit Size. New dwelling units constructed on a parcel created under this chapter shall be no more than 800 square feet in floor area, or 1,200 square feet if each newly created parcels contain only one dwelling unit.

D. Compliance with Zoning Requirements

1. New dwelling units constructed on a parcel created under this chapter are subject to the requirements of Zoning Code Chapter 17.75 (Two-Unit Developments) and shall also comply with all applicable objective zoning requirements set forth in Zoning Code.

2. The standards described in this paragraph (1) of this subsection apply to all urban lot splits except where a standard directly conflicts with a provision of this chapter, or where the applicant demonstrates that a standard would:
a. Have the effect of physically precluding the construction of two units on either of the newly created parcels; or
b. Necessarily result in a unit size of less than 800 square feet.

E. Maximum Number of Dwelling Units. Notwithstanding any other provision of the Municipal Code, no more than two dwelling units, including any accessory dwelling units or junior accessory dwelling units, are permitted on a parcel created under this chapter.

16.78.060 Deed Restrictions
A. Before obtaining a building permit for a dwelling unit constructed on a parcel created under this chapter, the property owner shall file with the County Recorder a declaration of restrictions 127
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containing a reference to the deed under which the property was acquired by the current owner.

The deed restriction shall state that:

1. The maximum size of the dwelling unit is limited to 1,200 square feet for two-unit projects and 800 square feet for three and four-unit projects;

2. The primary use of the unit must be residential;

3. Use of shared driveway must be permanently provided and maintained for both newly created parcels through a reciprocal access easement or other comparable mechanism; and

4. The unit may not be used for vacation rentals as defined in Zoning Code Chapter 17.160 (Glossary).

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement.

C. The deed restriction shall lapse upon removal of all dwelling units established on a parcel created under this chapter.
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CHAPTER 17.75 – SB 9 RESIDENTIAL DEVELOPMENTS
Sections:

17.75.010 Purpose and Intent

17.75.020 Definitions

17.75.030 Permitting Process

17.75.040 General Requirements

17.75.050 Objective Development Standards

17.75.060 Objective Design Standards.

17.75.070 Deed Restrictions

17.75.010 Purpose and Intent
This chapter contains requirements for SB 9 residential developments pursuant to Government Code Section 65852.21. These requirements are necessary to preserve the public health, safety and general welfare, and to promote orderly growth and development. In cases where a requirement in the chapter directly conflicts with Government Code Section 65852.21, the Government Code governs.

17.75.020 Definitions
A. SB 9 Residential Development. An SB 9 residential development is a proposed residential project pursuant to Government Code Section 65852.21.

B. Urban Lot Split. The subdivision of a parcel within the Residential Single-family (R-1) zoning district into two parcels pursuant to Government Code Section 66411.7 and Municipal Code Chapter 16.78 (Urban Lot Splits).

17.75.030 Permitting Process
A. Administrative Permit. The Community Development Director shall ministerially approve an Administrative Permit for an SB 9 residential development if the application complies with all requirements of this chapter and Municipal Code Chapter 16.78 (Urban Lot Split), when applicable. No discretionary review or public hearing is required.

B. Basis for Denial.

1. The Community Development Director shall deny an application for an SB 9 residential development if either of the following is found:
a. The two-unit development fails to comply with any objective requirement imposed by this chapter. Any such requirement or condition that is the basis for denial shall be specified by the Community Development Director in writing; or 129
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b. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. For an SB 9 residential development in the coastal zone, the Community Development Director shall deny the application upon finding that the development is inconsistent with policies of the Local Coastal Plan and/or will have an adverse impact on coastal resources.

3. The Community Development Director shall not deny an SB 9 residential development solely because it conflicts with the City’s density limitations for the R-1 zoning district.

C. Within Coastal Zone. A proposed Two-Unit Development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).

1. A public hearing for a CDP application for an SB 9 residential development is not required.

2. Nothing in this chapter shall be construed to supersede or in any other way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code).

D. Building Permit. A building permit for an SB 9 residential development may be submitted only after:

1. The City approves the Administrative Permit for the two-unit development; and

2. A parcel map for the urban lot split parcel map is recorded by the Santa Cruz County Recorder if a dwelling unit will be constructed on a lot created by an urban lot split.

17.75.040 General Requirements
A. Eligibility Requirements. The City shall accept an application for an SB 9 residential development only if the project complies with the following requirements:

1. Zoning District. The two-unit development is located in the Residential Single-Family (R1) zoning district.

2. Compliance with Chapter. The two-unit development complies with all applicable requirements of this chapter.

3. Environmental Resources and Hazards.
a. The two-unit development satisfies the requirements of Government Code subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, which prohibits development on sites subject to specified environmental resources and hazards.
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b. The parcel is not located in any of the following areas as identified in the City’s certified Local Coastal Program:
(1) Geological hazard areas.
(2) 100-year and/or 500-year flood hazard areas.
(3) Environmentally Sensitive Hazard Habitat Areas (ESHA).

4. Affordable and Rental Housing.
a. The two-unit development will not require demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years. b. The parcel subject to the proposed Two-Unit Development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. (the Ellis Act) to withdraw accommodations from rent or lease evict tenants due to the property owner’s decision to no longer use the property for rental housing within 15 years before the date that the Two-Unit Development proponent submits an application.

5. Historic Resources.
a. The two-unit development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1.
b. The two-unit development is not located on a site which includes a structure that is a Designated Historic Resource or that meets the criteria provided in Capitola Municipal Code Section 17.84.020.B. to qualify as a Designated Historic Resource.

B. Number of Primary Dwelling Units.

1. A maximum of two primary dwelling units are allowed on a parcel.

2. If a parcel is subdivided pursuant to Municipal Code Chapter 17.78 (Urban Lot Splits), a maximum of two primary dwelling units are allowed on each newly created parcel. Up to four units are allowed on the two parcels combined.

C. Accessory Dwelling Units.

1. Projects with Urban Lot Split. The following accessory dwelling unit (ADU) rules apply to a parcel created through an urban lot split as provided in Chapter 16.78 (Urban Lot Split.) 131
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a. If the parcel contains one primary dwelling unit, one ADU or Junior ADU is also allowed on the parcel.
b. If the parcel contains two primary dwelling units, an ADU or Junior ADU is not allowed on the parcel.

2. Projects Without Urban Lot Split. Where a parcel has not been subdivided as provided in Chapter 16.78 (Urban Lot Split), one ADU and/or JADU is allowed on the parcel in addition to the two primary dwelling units.

D. Utility Connections.

1. Each dwelling unit shall be served by a separate utility connection for water, sewer, and electrical services.

2. The Community Development Director shall condition approval of a dwelling unit on the dedication of any easements deemed necessary to provide public services to the unit and access to the public right-of-way.

E. Residential Uses Only.

1. The primary use of a dwelling unit must be residential. A dwelling unit may not be utilized for a non-residential primary use otherwise permitted in the R-1 zoning district as identified in Table 17.16-1.

2. Home occupations and other accessory uses are permitted in a dwelling unit consistent with Section 17.96.040 (Home Occupations) and Section 17.52 (Accessory Uses).

F. Vacation Rentals. A dwelling unit may not be used for vacation rentals as defined in Chapter

17.160 (Glossary).

G. Guaranteed Allowance.

1. The standards in 17.75050 (Objective Development Standards) and 17.75.060 (Objective Design Standards) shall not prohibit up to two dwelling units each with up to 800 square feet of floor area, provided the dwelling units comply with all other applicable standards.

2. The Community Development Director shall determine which standards must be adjusted, if any, to comply with this section.

H. Floor Area Calculation. Floor area calculation exclusions in 17.48.040(B)(6) do not apply to an SB9 residential development.

I. Existing Nonconformities. Establishing a dwelling unit shall not require the correction of an existing legal nonconforming zoning condition on the property.

17.75.050 Objective Development Standards.

A. General. Table 17.75-1 shows development standards for two-unit development on parcels with an area of 5,500 square feet or more. Table 17.75-2 shows development standards on parcels with an area of less than 5,500. Parcel sizes are based on the area of a parcel prior to an urban lot split.
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Table 17.75-1: Development Standards for Parcels 5,500 Sq. Ft. or More Maximum Unit Size
Projects with Two Units 1,200 sq. ft. per unit
Projects with Three and Four Units [1] 800 sq. ft. for each unit within the project Minimum Setbacks
Front
Ground floor 15 ft.

Second story 15 ft.

Garage 20 ft.

New Interior Property Line [2] 0 ft.

Rear 4 ft.

Interior Side 4 ft.

Street Side 4 ft.

Maximum Height
One-story Building 16 ft.

Two-story Building
Plate height [3] 20 ft.

Roof peak 3 ft. above plate height
Three-story Building Not allowed
Minimum Private Open Space [4] 48 sq. ft.

Notes:
[1] For projects with a dwelling unit on a parcel created through an urban lot split pursuant to Chapter 16.78 (Urban Lot Split). [2] “New interior property line” means a property line created pursuant to 16.78 (Urban Lot Split) that does not abut an existing parcel outside of the property subject to the urban lot split.
[3] “Plate height” means the vertical distance from the assumed ground surface of the building to the point that exterior wall meets the roof eave. [4] Private open space may include screened terraces, decks, balconies, and other similar areas. 133
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Table 17.75-2: Development Standards for Parcels Less than 5,500 Sq. Ft.

Number of Units [1]
Up to Two Three Four
Maximum Unit Size 1,200 sq. ft. 800 sq. ft. 800 sq. ft.

Minimum Setbacks
Front
Ground floor 15 ft. [2] 10 ft. 0 ft.

Second story 15 ft. [2] 10 ft. 0 ft.

Garage 20 ft. [2] 10 ft. 0 ft.

New Interior Property Line [3] 0 ft. 0 ft. 0 ft.

Rear 4 ft. [4] 4 ft. [4] 4 ft. [5]
Interior Side 4 ft. [4] 4 ft. [4] 4 ft. [6]
Street Side 4 ft. [4] 4 ft. [4] 4 ft. [6]
Maximum Height
One-story Building 16 ft. 16 ft. 16 ft.

Two-story Building
Plate height [7] 20 ft. 20 ft. 20 ft.

Roof peak 3 ft. above plate
height
3 ft. above plate
height
3 ft. above plate
height
Three-story Building Not allowed Allowed [8] Allowed
Plate height [7] - 20 ft. 28 ft.

Roof peak - 33 ft. 3 ft. above plate
height
Minimum Private Open Space [9] 48 sq. ft. 48 sq. ft. 48 sq. ft.

Notes:
[1] Standards for three and four-unit projects apply to projects with a dwelling unit on a parcel created through an urban lot split pursuant to Chapter

16.78 (Urban Lot Split). Standards apply to all units established as part of the project. [2] For parcels less than 3,200 sq. ft., minimum front setback is 10 feet for ground floor and second story and 15 feet for garage. [3] “New interior property line” means a property line created pursuant to 16.78 (Urban Lot Split) that does not abut an existing parcel outside of the property subject to the urban lot split.
[4] For parcels less than 3,200 sq. ft., the minimum rear, interior side, and street side setback is 3 feet. [5] On parcels less than 3,200 sq. ft., 0 ft. rear setback allowed where a side driveway provides vehicle access to parking located behind the front building. A 3-foot rear setback is allowed for all other 4-unit configurations on parcels less than 3,200 sq. ft. [6] 0 ft. side setback allowed where a side driveway provides vehicle access to parking located behind the front building. A 3-foot side setback is allowed for all other 4-unit configurations on parcels less than 3,200 sq. ft. [7] “Plate height” means the vertical distance from the assumed ground surface of the building to the point that exterior wall meets the roof eave. [8] Third story must be built into roof element (2 ½ stories) [9] Private open space may include screened terraces, decks, balconies, and other similar areas.

B. Additional Setback Standards.

1. Converting and Replacing Existing Structures. No setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2. Within Coastal Zone. Within the coastal zone, structures must comply with minimum setbacks from environmentally sensitive habitat areas and geologic hazards as specified in Zoning Code Chapter 17.64 (Environmentally Sensitive Habitat Areas) and Chapter 17.68

3. (GH Geologic Hazards District).
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Page 7 of 9 ends

C. Separation Between Dwelling Units.

1. No minimum separation is required between dwelling units on a parcel.

2. Dwelling units may be connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.

D. Parking.

1. Required Parking. A minimum of one off-street parking space is required per dwelling unit except as provided in subsection (D)(7) of this section.

2. Tandem Spaces. Required off-street parking for two separate dwelling units shall not be provided as tandem parking.

3. Parking Placement. Required off-street parking may not be located within minimum required front setback area.

4. Number of Driveways.
a. A maximum of one curb cut is allowed to provide vehicle access to the parking. b. Shared driveways are required to serve parking on separate parcels created through an urban lot split.

5. Driveway Width. The maximum width of a new driveway crossing a public sidewalk is 12 feet.

6. Alley Access. Parking accessed from an alley shall maintain a 24-foot back-out area, which may include the alley.

7. Exceptions to Required Parking.
a. No off-street parking is required in the following cases:
(1) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(2) There is a car share vehicle located within one block of the parcel. b. The exception for parcels that satisfy subparagraphs (1) or (2) does not apply to areas identified in Figure 1.
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Page 8 of 9 ends

Figure 1

17.75.060 Objective Design Standards
A. Entrance Orientation. The primary entrance to each new dwelling unit shall face the front or interior of the parcel unless the dwelling unit is directly accessible from an alley.

B. Neighbor Privacy. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:

1. For a single-story wall or the first story of a two or three-story wall, privacy impacts shall be minimized by either:
a. A 6-foot solid fence on the property line; or
b. Clerestory or opaque windows for all windows facing the adjacent property.

2. For a second or third-story wall, all windows facing an adjacent property shall be clerestory or opaque.
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Page 9 of 9 ends

C. Upper Story Decks and Balconies. Second and third-story exterior decks and balconies and rooftop decks are prohibited.

D. Front Porches, Patios and Entry Features.

1. If a dwelling unit is set back 15 feet or more from a front property line, a front porch or covered patio may project up to 5 feet into the front setback area.

2. A front porch or covered patio less than 15 feet from a front property line may not exceed a width greater than 10 feet.

3. For a dwelling unit setback less than 15 feet from a front property line, the primary entrance may be covered by a roof element, or other similar overhanging feature provided that:
a. The covering is attached to the building wall and is not supported by columns, walls, or other vertical structural elements that extend to the ground; and b. The covering dimensions do not exceed five feet width and three feet depth.

E. Pervious Surface Area. Pervious materials shall be used for all on-site paved areas including driveways, walkways, and patios.

F. Stormwater. SB 9 residential developments shall comply with Municipal Code Chapter 13.16 (Stormwater Pollution Prevention and Protection).

17.75.070 Deed Restrictions
A. Before obtaining a building permit for an SB 9 residential development, the property owner shall file with the County Recorder a declaration of restrictions containing a reference to the deed under with the property was acquired by the current owner. The deed restriction shall state that:

1. The maximum size of the dwelling unit is limited to 1,200 square feet for two-unit projects and 800 square feet for three and four-unit projects;

2. The primary use of the dwelling unit must be residential;

3. For SB 9 residential developments involving an urban lot split, use of shared driveway must be permanently provided and maintained for both newly created parcels through a reciprocal access easement or other comparable mechanism; and

4. The dwelling unit may not be used for vacation rentals as defined in 17.160 (Glossary).

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement.

C. The deed restriction shall lapse upon removal of all dwelling units established under this chapter. 137
Item 8 C.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING

SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION FOR THE

CERTIFICATION OF AN AMENDMENT TO THE LOCAL COASTAL PROGRAM ADDING MUNICIPAL CODE CHAPTERS 16.78 AND 17.75, ADDING
MUNICIPAL CODE SECTION 16.08.020, AND AMENDING SECTION 17.74.040 FOR THE IMPLEMENTATION OF GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 RELATED TO URBAN LOT SPLITS AND SB9 RESIDENTIAL DEVELOPMENTS.

WHEREAS, the City of Capitola’s Local Coastal Program (LCP) was certified by the California Coastal Commission in December of 1981 and has since been amended from time to time; and
WHEREAS, the City Council adopted the General Plan Update on June 26, 2014; and WHEREAS, the Local Coastal Program Land Use Plan is a comprehensive longterm plan for land use and physical development within the City’s coastal zone and includes the Coastal Land Use Plan Map; and
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 66411.7 and 65852.21 to the Government Code, effective January 1, 2022; and WHEREAS, these provisions require the City to provide ministerial approval of urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling units (“SB9 Residential Developments”) on each single-family residential zoned lot within the City, subject to certain limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of Urban Lot Splits by size and proportionality; and
WHEREAS, Government Code sections 66411.7(a)(3)(C) and 65852.21(a)(2) limit Urban Lot Splits and SB9 Residential Developments, respectively, to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties, unless projects on such sites meet specified conditions; and
WHEREAS, Government Code sections 66411.7(a)(3)(D) and 65852.21(a)(3) through (a)(5) limit eligibility of an Urban Lot Split and a SB9 Residential Development, respectfully, that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow a city to deny an Urban Lot Split for properties within an historic district or listed on the State’s Historic Resource Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and WHEREAS, Government Code sections 66411.7(c) and 65852.21(b) allow a city to establish objective zoning standards, objective subdivision standards, and objective design review 138
Item 8 C.

RESOLUTION NO.
standards for Urban Lot Splits and SB9 Residential Developments, respectively, subject to limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction of two units on either of the resulting parcels from an Urban Lot Split or that would result in a unit size of less than 800 square feet” for a SB9 Residential Development; and WHEREAS, Government Code sections 66411.7 and 65852.21 allow a city to deny a proposed SB9 Residential Development or Urban Lot Split, respectively, if the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS, pursuant to Government Code sections 65852.21(j) and 66411.7(n), the City may adopt an ordinance to implement the provisions of Government Code sections 65852.21 and 66411.7, and such an ordinance shall not be considered a project under the California Environmental Quality Act (“CEQA”); and
WHEREAS, in recognition of the City of Capitola’s unique geography and proximity to the Pacific Ocean, the City Council desires to implement objective standards and an application process for projects undertaken pursuant to Government Code Sections 65852.21 and 66411.7 by the adoption of such an ordinance;
WHEREAS, on February 3, 2022, and March 31, 2022, the Planning Commission provided feedback on draft objective standards.

WHEREAS, on April 21, 2022, the Planning Commission recommended to the City Council adoption of the objective standards.

WHEREAS, City staff consulted with Coastal Commission staff in the preparation of the Zoning Ordinance amendments to ensure that the proposed program and ordinance would comply with the California Coastal Act and Capitola’s Local Coastal Program; and WHEREAS, the draft ordinance was then circulated for a 60-day public review period on January 28, 2022; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 3, 2022, March 31, 2022, and April 21, 2022, at which time it reviewed the proposed amendments, considered all public comments on the revisions and related CEQA exemption, and provided input on the draft ordinance, and a recommendation to approve the proposed ordinance; and WHEREAS, the Capitola City Council conducted duly noticed public hearings on May 12, 2022, at which the City Council introduced and performed a first reading of the added and revised municipal code sections. On May 26, 2022, the City Council adopted the ordinance, which added municipal code chapters 16.78 and 17.75, added municipal code section 16.08.020, and amended section 17.74.040 for the implementation of government code sections 66411.7 AND 65852.21 related to urban lot splits and SB9 residential developments; and WHEREAS, the City Council determined that the amendments are consistent with the General Plan and that the revisions would be internally consistent with all other provisions of the Municipal Code.

WHEREAS, the amendments would become a component of Implementation Plan of the 139
Item 8 C.

RESOLUTION NO.

City’s Local Coastal Program and is intended to be implemented in a manner that is in full conformance with the California Coastal Act.

WHEREAS, following the City Council’s adoption, Capitola staff submitted the Zoning Code update to the Californian Coastal Commission staff for preliminary review in preparation for Local Coastal Plan (LCP) certification; and
WHEREAS, the Local Coastal Program Implementation Plan establishes specific land use and development regulations to implement the Local Coastal Program Land Use Plan, and Chapter 16 (Subdivision), Chapter 17 (Zoning) and the Zoning Map are part of Capitola’s Local Coastal Program Implementation Plan; and
WHEREAS, the City provided Public Notice, as required under Coastal Act 30514 et seq., for Certification of the LCP Implementation Plan and Corresponding Maps.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Capitola, that this Resolution declares and reflects the City’s intent to amend the LCP Implementation Plan as it pertains to Chapter 16 (Subdivisions) and Chapter 17 (Zoning), as drafted, if certified by the California Coastal Commission, in full conformity with the City of Capitola LCP and provisions of the California Coastal Act.

BE IT FURTHER RESOLVED, that the City Manager or his designee is directed to submit the said Coastal Commission LCP Amendments to the California Coastal Commission for its review and certification. If the Coastal Commission approves the amendment package, it will take 140
Item 8 C.

RESOLUTION NO.
__________________________
effect automatically upon Coastal Commission approval. If the Coastal Commission modifies the amendment package, only the modifications will require formal action by the City of Capitola.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Capitola on the 26th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sam Storey, Mayor
ATTEST:

Chloé Woodmansee, City Clerk
141
Item 8 C.

C. 3 stories, garage parking w/three driveways

1. 40’x70’ lot (4 units with parking)
A. 2 stories, surface parking in front setback B. 3 stories, garage parking w/one driveway A. B. C.

Front setback 18’ 0’ 0’
Side setbacks 3’ 3’ 0’
Rear setback 3’ 3’ 0’
Height (stories) 2 3 3

All layouts
Units 4
Parking (per unit) 1
142
Item 8 C.

2. 40’x70’ lot (4 units with no parking)
D. E.

Front setback 5’ 10’
Height (stories) 2 3
All layouts
Units 4
Side setbacks 4’
Rear setback 4’
Parking (per unit) 0
D. 2 stories, no onsite parking E. 3 stories, no onsite parking 143
Item 8 C.

3. 40’x70’ lot (2 and 3 units)
F. 3 units, 2 stories, surface parking in
front setback/garage parking in front
G. 3 units, 3 stories
garage parking in front and rear
H. 2 units, 2 stories, parking in rear
F. G. H.

Units 3 3 2
Front setback 18’ 10’ 10’
Height (stories) 2 3 2
All layouts
Side setbacks 3’
Rear setback 3’
Parking (per unit) 1
144
Item 8 C.

4. 40’x80’ lot (4 units with parking)
A. 2 stories, surface parking in front setback B. 3 stories, garage parking w/one driveway Front setback 18’ 5’ 0’
Side setbacks 4’ 4’ 0’
Height (stories) 2 3 3
All layouts
Units 4
Rear setback 4’
Parking (per unit) 1
A. B. C.

C. 3 stories, garage parking w/three driveways
145
Item 8 C.

5. 40’x80’ lot (4 units with no parking)
D. E.

Front setback 10’ 15’
Height (stories) 2 3
All layouts
Units 4
Side setbacks 4’
Rear setback 4’
Parking (per unit) 0
D. 2 stories, no onsite parking E. 3 stories, no onsite parking 146
Item 8 C.

I. 3 stories, parking in rear

6. 40’x80’ lot (3 units)
F. 2 stories, surface parking in front
setback/garage parking in front
G. 2 stories, parking in side/rear
H. 2 stories, parking in rear
F. G. H. I.

Front setback 18’ 0’ 0’ 10’
Side setbacks 4’ 4’ 3’ 4’
Height (stories) 2 2 2 3
All layouts
Units 3
Rear setback 4’
Parking (per unit) 1
147
Item 8 C.

7. 40’x80’ lot (2 units)
J. 2 stories, 2 units
J.

Units 2
Front setback 15’
Side setbacks 4’
Rear setback 4’
Height (stories) 2
Parking (per unit) 1
148
Item 8 C.

Units 4
Front setback 15’
Side setbacks 4’
Rear setback 4’
Height (stories) 2
Parking (per unit) 1

8. 60’x100’ lot (4 units)
A. Surface parking in rear B. Garage parking, detached units C. Garage parking, attached units
Note: Consider requiring shared driveway access for 60x100 lots All layouts
149
Item 8 C.

Park Avenue
Capitola Road
Wharf Road
Clares Street
Jade Street
Jade
Street
Park
Escalona Drive
49th Avenue
Central Avenue
Rosedale Avenu
C
e
apitola Avenue
Capitola
42nd Avenue
46th Avenue
Avenue
City Hall
± 0 500 1,000 Feet
City Limit
Boundary of Non-Applicability
SB9 Parking Exemptions Not Applicable
150
Item 8 C.

C I T Y O F C A P I T O L A
Source: ESRI, 2017; Kimley-Horn, 2017.

O 0 465 930 1,860
Feet
LEGEND
ESHA
Coastal Bluff/Sea Cliff, Beach, and Tidelands
Escalona Gulch Monarch Butterfly Grove
Noble Gulch Riparian Corridor
Soquel Creek Monarch Butterfly Grove
Soquel Creek Riparian Corridor, Creek and Lagoon
Tannery Gulch Riparian Corridor
City Limit

E N V I R O N M E N T A L L Y S E N S I T I V E H A B I T A T 151
Item 8 C.

M O N T E R E Y B A Y

G E O L O G I C A L H A Z A R D M A P

C I T Y O F C A P I T O L A

Z O N I N G C O D E U P D A T E
0 500 1,000 Feet
Geological Hazard
City Limits
Land Parcels
J A N U A R Y 1 1 , 2 0 1 7
Source: ESRI 2017; PlaceWorks, 2017.
152
Item 8 C.

M O N T E R E Y B A Y
Park Avenue
Capitola Road
41st Avenue
Wharf Road
Bay Avenue
Clares Street
Jade Street
Monterey
Sir Francis Avenue
Escalona Drive
49th Avenue
Central Avenue Capitola Avenue
Kennedy Drive
42nd Avenue
46th Avenue
Auto Plaza
Clares Street
Capitola Mall
Kings Plaza
Avenue

F L O O D M A P

C I T Y O F C A P I T O L A

Z O N I N G C O D E U P D A T E
0 500 1,000 Feet
J A N U A R Y 1 1 , 2 0 1 7
¬«1
100-year flood
500-year flood
City Limit
Sphere of Influence
Source: ESRI, 2017; PlaceWorks, 2017.
153
Item 8 C.

Capitola Road
Clares Street
Jade Street
Kennedy Drive
1 M O N T E R E Y B A Y 41st Avenue
Wharf Road
Bay Avenue
Monterey Avenue
Park Avenue
Escalona Drive
49th Avenue
Capitola Avenue
45th Avenue
MH
MH
MH
MH
C-R
CF
CF
CF
CF I
R-1
R-1
R-1
R-1
R-1 R-1
C-C
RM-M
MU-N
RM-L
PD
PD
MU-N

P/OS-VS MH
MH
C-C
C-C
R-1
P/OS

C I T Y O F C A P I T O L A

Z O N I N G M A P
0 500 1,000 Feet
Capitola Avenue
Monterey Ave
*See Local Coastal Program Habitats Map for boundaries of Environmentally Sensitive Habitats Area Overlay Zone.

Residential Zoning Districts
R-1 - Single-Family Residential
RM-L - Multi-Family Residential, Low Density
RM-M - Multi-Family Residential, Medium Density
RM-H - Multi-Family Residential, High Density
MH - Mobile Home Park
Mixed-Use Zoning Districts
MU-V - Mixed Use Village
MU-N - Mixed Use Neighborhood
Commercial and Industrial Zoning Districts
C-R - Regional Commercial
C-C - Community Commercial
I - Industrial
Other Zoning Districts
P/OS - Parks and Open Space
CF - Community Facility
PD - Planned Development
VS - Visitor Serving
Overlay Zones*
-AHO - Affordable Housing Overlay
-CZ - Coastal Zone
-VRU - Vacation Rental Use
-VR - Village Residential
-VS - Visitor Serving
City Limit
Santa Cruz Coastal Zone Boundary
49th Avenue
Capitola Avenue
Monterey Avenue
Capitola Avenue
Vacation Rental Use Village Residential
Source: ESRI, 2017; PlaceWorks, 2017.
154
Item 8 C.

California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022
155
Item 8 C.

California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.

Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.

Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination. 156
Item 8 C.

California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.

Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.

Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:

Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.

The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or 157
Item 8 C.

California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)
158
Item 8 C.

California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.

Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.

California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years. 159
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California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.

Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.

Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
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California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.

Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.

No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.

See HCD’s ADU and JADU webpage for more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.

Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees, 161
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California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.

Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a local ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its singlefamily residential zone(s) to the extent possible. Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.

Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.

Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.
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STATE OF CALIFORNIA—THE RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION 455 MARKET STREET, SUITE 300 SAN FRANCISCO, CA 94105- 2219
VOICE (415) 904- 5200
FAX ( 415) 904- 5400
WWW.COASTAL.CA.GOV
1 To: Planning Directors of Coastal Cities and Counties From: John Ainsworth, Executive Director, California Coastal Commission Date: January 21, 2022
Re: Implementation of New SB 9 Housing Laws in Sea Level Rise Vulnerable Areas ______________________________________________________________________________ As of January 1, 2022, SB 9 (Atkins) changed the way that local governments can regulate new residential development and lot splits in single-family residential zones within designated urban areas, with the goal of increasing housing density in those areas. The new housing laws added by SB 9, Government Code Sections 65852.21 and 66411.7, contain Coastal Act savings clauses.

This means that, except for public hearing requirements, the Coastal Act continues to apply in full force in the coastal zone. Accordingly, certified Local Coastal Program (LCP) provisions continue to apply but, in most places, will need to be updated to conform with SB 9 to the greatest extent possible while still complying with the Coastal Act. This memorandum focuses on how to harmonize the new SB 9 requirements with LCP and Coastal Act policies in areas that are vulnerable to sea level rise because increasing residential density in these areas presents unique challenges and risks. When updating LCPs, local governments should keep in mind that LCP provisions must continue to be consistent with all applicable Coastal Act policies in all areas.

I. Housing in the Coastal Zone
The State of California is experiencing a critical shortage of affordable housing. In recognition of this critical shortage, the state Legislature passed numerous laws in recent years aimed at increasing construction of additional housing units, and preferably affordable units. Many of these measures, including SB 9, state that they do not supersede or lessen the application of the Coastal Act. The Coastal Commission (Commission) recognizes the particularly critical shortage of affordable housing in the coastal zone and has strongly supported strategies to increase access to affordable housing near the coast. To address housing shortages in the coastal zone over the long-term, new residential development must be built in locations and with designs that ensure it will be safe from hazards, have access to adequate public services, and will minimize coastal resource impacts.

Importantly, siting new housing in areas projected to be impacted by sea level rise, without planning for adaptation, will not address the housing crisis over the long-term and will instead put more residences and lives at risk and exacerbate housing shortages. The hazards and other impacts associated with sea level rise require local governments to plan carefully to ensure that new housing is safe both now and for future generations. Likewise, effective January 1, 2022, a 163
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2 new section was added to the Coastal Act that explicitly requires the Commission to “take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, avoid and mitigate the adverse effects of sea level rise.” (Pub. Res. Code § 30270.) While the Commission has considered sea level rise in its planning, policies, and activities for many decades, the new section of the Coastal Act further emphasizes the importance of accounting for sea level rise.

New residential development in the coastal zone must be consistent with Coastal Act and LCP policies, including requirements relating to protection of coastal resources and hazards, such as Coastal Act Sections 30250, 30253, 30235 and 30240, as discussed further below. In addition to these requirements, a variety of other provisions in the Coastal Act relate to housing in the coastal zone. As relevant here, the Coastal Act does not exempt local governments from complying with state and federal law “with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any other law hereafter enacted.” (Pub. Res. Code § 30007.) The Coastal Act also requires the Commission to encourage housing opportunities for low- and moderate-income households (Pub. Res. Code § 30604(f)), but states that “[n]o local coastal program shall be required to include housing policies and programs.” (Pub. Res. Code § 30500.1.) Lastly, the Coastal Act regulates where new development can be sited. New residential development must be “located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it” or in other areas where development will not have significant adverse effects, either individually or cumulatively, on coastal resources. (Pub.

Res. Code § 30250(a).) Land divisions, other than leases for agricultural uses, are permitted outside existing developed areas “only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.” (Pub. Res. Code § 30250(a).)
II. Overview of New Legislation
As of January 1, 2022, SB 9 adds Government Code Sections 65852.21 and 66411.7, and amends Government Code Section 66452.6. The new laws apply only to parcels located in: (a) a city that includes some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, within the city’s boundaries; or (b) an unincorporated area, and the parcel is located entirely within either an urbanized area or urban cluster, as designated by the United States Census Bureau. (Gov. Code §§ 65852.21(a)(1), 66411.7(a)(3)(B).) Currently certified LCPs are not superseded by the new laws and continue to apply until an LCP amendment is adopted.

The new legislation makes two primary changes to existing law:
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3 a. Ministerial consideration of proposals to develop two or fewer residential units in urban areas
For projects outside the coastal zone, local governments must now ministerially consider, without discretionary review, proposals to develop two or fewer residential units in a singlefamily residential zone in designated urban areas when certain criteria are met. (Gov. Code § 65852.21.) Proposals to construct two new residential units and proposals to add one new unit to a parcel with an existing unit are both covered by this section. (Gov. Code § 65852.21(i)(1).) For ministerial consideration of proposed residential development to be required, proposals must meet the many criteria set forth in the statute, including that rental of any new unit created is for a term longer than 30 days. (See Gov. Code § 65852.21(a), (d)-(g).) Local governments are free to adopt objective zoning, subdivision, and design review standards for development of residential units in any residential zone that do not conflict with Government Code Section 65852.21. (Gov. Code § 65852.21(b)-(c).) This new section of the Government Code does not supersede or in any way alter application of the Coastal Act, except that local governments are not required to hold public hearings for coastal development permit (CDP) applications. (Gov. Code § 65852.21(k).) This means that, aside from CDP public hearing requirements, Government Code Section 65852.21 does not override the Coastal Act or LCP policies implementing the Coastal Act, which may involve the application of discretion.

Therefore, local governments should adopt LCP amendments with standards that harmonize with SB 9 requirements as much as is feasible and that also ensure such new development is consistent with the Coastal Act and any applicable LCP policies, including requirements relating to notice of local decisions to the public and the Commission. b. Ministerial approval of urban lot splits
For projects outside the coastal zone, local governments must now ministerially approve lot splits that create no more than two new lots in single-family residential zones in designated urban areas when certain criteria are met, (Gov. Code § 66411.7). However, as with the new requirements regarding residential development, this section of the Government Code does not supersede or in any way alter application of the Coastal Act, except that local governments are not required to hold public hearings for coastal development permit (CDP) applications. (Gov. Code § 66411.7(o).) Accordingly, for projects in the coastal zone, review for consistency with Coastal Act and applicable LCP policies is still required, and that may involve the application of discretion. For ministerial approval to be required outside the coastal zone, proposals must meet the many criteria set forth in the statute, including that no more than two new lots are created, and that rental of any new unit created is for a term longer than 30 days. (See Gov. Code § 66411.7.) Although discretionary review is prohibited in these circumstances in non-coastal zone areas, local governments are free to adopt objective zoning standards, objective subdivision standards, and objective design review standards applicable to urban lot splits that do not conflict with Government Code § 66411.7. (Gov. Code § 66411.7(c), (e).) 165
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4 Although the new laws do not supersede the Coastal Act, and the requirement for ministerial approval does not automatically apply in the coastal zone, the laws should be harmonized with the Coastal Act as much as feasible. This could be accomplished, for example, by updating LCPs to create a checklist of objective standards for qualifying projects so that little or no discretion is involved when considering them. Overall, local governments should adopt LCP amendments with standards to ensure that such new development is consistent with the Coastal Act and any applicable LCP policies, including requirements relating to notice of local decisions to the public and the Commission.
1 III. SB 9 Application to Coastal Act Policies Generally Local governments should consider how to amend their LCPs to comply with SB 9 to the greatest extent possible, while continuing to be consistent with the Coastal Act. Approval of the types of lot split and residential development projects contemplated by SB 9 is likely to increase residential density in urban areas, both in terms of the overall number of residential units and in terms of the nature of the built environment itself. In some areas, this increase in density may be able to be accommodated with limited coastal resource impacts. However, in other areas, there may be cases where such projects cause significant adverse impacts to coastal resources such as public access, sensitive habitats, and recreation areas. (See Pub. Res. Code § 30250.) For example, approval of new residential development projects and lot splits pursuant to SB 9 would not be consistent with the Coastal Act if the projects are adjacent to environmentally sensitive areas (ESHA) and are not sited and designed to prevent impacts which would significantly degrade those areas, or are incompatible with the continuance of those habitat and recreation areas. (Pub. Res. Code § 30240.) Residential areas in the coastal zone are often intertwined with significant coastal resource areas, such as along the immediate shoreline, between the first public road and the sea, near LCP-designated scenic areas, and near sensitive habitat areas. LCPs generally include a myriad of provisions protecting these coastal resources; LCP provisions designed to implement SB 9 should not conflict with or inappropriately diminish any such LCP protections that already apply. At the same time, SB 9’s focus on ensuring that applicable standards are objective and processed ministerially means that local governments should consider ways to evaluate the potential for coastal resource impacts at the LCP planning stage, such as by using checklists or other such ministerial tools that can be employed at the CDP application stage as much as possible. Local governments are encouraged to coordinate with Commission staff as they develop LCP provisions to implement SB 9.
1 SB 9 also amends Government Code § 66452.6 to allow local governments to provide by ordinance an additional 24-month time period before an approved or conditionally approved tentative subdivision map expires.
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5 IV. SB 9 Application in Sea Level Rise Vulnerable Areas As described in Chapter 3 of the Coastal Commission’s 2018 Update to the Sea Level Rise Policy Guidance (SLR Guidance), as sea levels rise, tidal and groundwater inundation, flooding, wave impacts, bluff and beach erosion, saltwater intrusion, and other impacts are projected to worsen and further threaten residential development and coastal resources in the coastal zone.

The applicability of SB 9 in areas vulnerable to the impacts associated with sea level rise is thus a critical concern.
a. Development of two or fewer residential units in sea level rise vulnerable areas In many cases, increasing density in areas subject to sea level rise impacts without including appropriate siting, design, and mitigation features will not be consistent with Coastal Act policies. Proposals to develop two or fewer residential units pursuant to Government Code Section 65852.21 may be permitted in sea level rise-vulnerable areas if they can be developed in such a way as to be found consistent with the Coastal Act and LCP provisions, and can be designed and sited to be safe from hazards for the expected life of the structures. Proposed projects to construct two or fewer residential units pursuant to Government Code Section 65852.21 typically qualify as “development” under the Coastal Act because such projects usually involve “the placement or erection of any solid material or structure,” and/or a “change in the density or intensity of use of land. . . .” (Pub. Res. Code § 30106.)2 As new development, the new units must minimize risks to life and property in areas of geologic and flood hazard; assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area; and not in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Pub. Res. Code §§ 30253, 30270; see also corresponding LCP provisions.) New residential development must be consistent with the Chapter 3 policies of the Coastal Act and any relevant LCP policies, including that they must be sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas and to allow the continuance of those areas into the future (Pub. Res. Code § 30240(b)).

In some areas vulnerable to sea level rise, the risk of hazards during the anticipated life of the structure may be too great to permit development of two residential units on one lot if the new unit(s) cannot be sited and designed safely and consistent with relevant Coastal Act and LCP provisions. In other vulnerable areas, development may be permitted where adaptation strategies and special conditions can minimize hazard risks and avoid impacts on coastal 2 As discussed in the Updates Regarding the Implementation of New ADU Laws Memorandum (Jan. 2022), conversion of existing habitable space within a single-family residence into another residential unit may not qualify as development if there are no major structural changes (e.g., changes to roofs, exterior walls, foundations, etc.) and no change to the size or intensity of use of the existing structure. (See Pub. Res. Code § 30106.)
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6 resources. Local governments and applicants should refer to the Commission’s SLR Guidance when determining whether construction of residential units pursuant to Government Code Section 65852.21 in vulnerable areas is consistent with the Coastal Act and LCP policies.

Chapter 7 of the SLR Guidance describes some of the adaptation strategies to consider when planning for development in sea level rise vulnerable areas. Some adaptation strategies may require land use plans or proposed projects to anticipate long-term impacts now. Other strategies may build adaptive capacity into the plan or project itself, such as special conditions that require elevation or removal of structures when certain triggers are met, so that future changes in hazard risks can be effectively addressed while ensuring long-term resource protection.
b. Lot splits in sea level rise vulnerable areas
As discussed above, Government Code Section 66411.7 requires ministerial consideration of urban lot splits in single-family residential zones in designated areas outside the coastal zone when certain criteria are met. “[S]ubdivision . . . and any other division of land, including lot splits,” qualify as “development” under the Coastal Act, thereby triggering the need for a CDP or other appropriate authorization. (Pub. Res. Code § 30106.) Lot splits also qualify as development because they constitute a “change in the density or intensity of use of land.” (Id.) As new development, proposals to subdivide land must:
(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Pub. Res. Code § 30253.) New development must also be sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas and to allow the continuance of those areas in the future. (Pub. Res. Code § 30240(b).) In addition, new development must be consistent with all Chapter 3 policies of the Coastal Act, including Sections 30210 through 30224 protecting public access and recreational opportunities; Sections 30230 and 30231 protecting marine habitats and water quality; Section 30250 requiring development to have adequate public services; and Section 30251 protecting visual resources.

Subdivisions in areas with certified LCPs must also be consistent with corresponding, relevant LCP provisions. The Commission must also consider the effects of sea level rise in its coastal resources planning and management policies and activities, including those relating to new residential development. (Pub. Res. Code § 30270.)
The Commission’s SLR Guidance states that to comply with Section 30253 of the Coastal Act or the equivalent LCP section, projects will need to be planned, located, designed, and engineered 168
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7 for the changing water levels and associated impacts that might occur over the life of the development. In addition, Chapter 7 of the SLR Guidance recommends concentrating development away from hazardous areas and limiting subdivisions in areas vulnerable to sea level rise. To be consistent with the Coastal Act, including how it is interpreted through the SLR Guidance, proposals to subdivide land in areas vulnerable to sea level rise should be considered very carefully for several reasons.

First, subdividing land projected to be negatively impacted by sea level rise in the foreseeable future is not a sound way to minimize risks to life and property in areas with high flood and geologic hazards. (See Pub. Res. Code § 30253.) Instead, subdivision in these areas is likely to increase risks to life and property by allowing for increased density and intensity of use of sites that are projected to be exposed to hazards such as tidal and groundwater inundation, flooding, wave impacts, bluff and beach erosion, and saltwater intrusion. Under SB 9, a lot currently zoned for a single-family residence could support many additional residential units. For example, a lot could be subdivided pursuant to Government Code Section 66411.7, and then two residential structures could be built on each of the newly divided lots pursuant to Government Code Section 65852.21. This scenario would result in four residences on a lot that, prior to SB 9, could only support one residence. When considering the circumstances in which residentially zoned lot splits (pursuant to SB 9 or otherwise) should be allowed in the coastal zone, local governments should consider whether each of the new lots would have a buildable area that is safe from coastal hazards for the foreseeable future without relying on shoreline armoring and could be developed in conformance with relevant coastal resource protection policies of the LCP and Coastal Act.

Second, it is important to analyze the safety of proposed lot splits over the longest feasible timeframe. Hazard analyses typically evaluate potential hazards for the expected life of the development. Unlike the development of residential structures that may only need to be safe for approximately 75-100 years, land divisions tend to be permanent and have little to no adaptive capacity. Although the SLR Guidance does not suggest a specific timeframe for the hazard analysis of proposed lot splits, it does note that projects that are expected to last indefinitely should consider time frames of 100 years or more, and this is also consistent with past Commission action. For example, Commission staff recently recommended denial of a proposal to subdivide property in Orange County that was particularly vulnerable to sea level rise because, among other reasons, the project did not minimize risks to life and property and could not assure stability and structural integrity of the project, as Section 30253 of the Coastal Act requires. (Staff Report, Application Nos. 5-18-0907 & 5-18-0908, August 29, 2019.) The staff report found that the proposed subdivision could last in perpetuity, potentially long beyond the anticipated life of the proposed residential structure, and that both new lots would likely be subject to sea level rise impacts after the anticipated life of the residential structure. (Id.) After some deliberation with the Commission at the public hearing, the applicant withdrew its application and submitted a new proposal to build two single-family residences on the lot 169
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8 without subdivision. The Commission approved the new application with the condition that the property cannot be subdivided now or in the future, among other conditions addressing the property’s sea level rise vulnerabilities. (Staff Report, Application No. 5-20-0646, May 21, 2021.) In the zoning context, the Commission denied a request by the County of Santa Barbara to amend its Land Use Plan (LUP) to rezone a single oceanfront property from recreation/open space to single-family residential because the property was projected to be impacted by hazards in the foreseeable future, among other reasons. The Commission found that the hazards analysis for a proposed land use designation change should consider hazards for the foreseeable future because “[u]nlike residential structural development, where the Commission generally analyzes whether the structure will be stable and safe for its expected life of 75 to 100 years, the land use designation change of a parcel would be more or less permanent.” (Staff Report, Application No. LCP-4-STB-18-0039-1- Part D, July 10, 2019, p. 16.) Land divisions, like land use designation changes, may last in perpetuity. Thus, the Commission’s past guidance and actions demonstrate that, in most circumstances, a hazard analysis for a lot split proposal should consider the longest time frame feasible.

Third, subdivision may limit the adaptation strategies available to individuals and communities as sea levels rise. Unlike structural development, which can be designed to incorporate adaptive elements like waterproofing, elevation, or relocation, subdivisions have little to no adaptive capacity; thus, it is not always feasible to mitigate the impacts created by subdivisions.

Subdividing a parcel can also limit the opportunities to adapt to sea level rise on that land by decreasing the land available on a lot for existing development to be moved landward, or for new development to be sited in a more landward or higher elevation location. Land divisions also increase the number of property interests in a site. This can add cost and logistical complexity to community-scale adaptation strategies, making it harder to form and manage geological hazard abatement districts, negotiate buyouts, and implement conservation easements, and making it more difficult to minimize hazards and protect coastal resources in the future.

Lastly, allowing subdivisions in vulnerable areas may negatively impact coastal resources and public access. Coastal resources such as beaches and wetlands will migrate and naturally adapt due to future coastal erosion and sea level rise conditions. Increased residential density and intensity of use along the shoreline and in vulnerable areas may impact coastal resources through, for example, “coastal squeeze” where shoreline development prevents beaches and bluffs from migrating inland, which causes the narrowing and eventual loss of beaches, dunes, and other shoreline habitats as well as the loss of offshore recreational areas. Having fewer structures on relatively larger lots may allow more opportunities for those structures to adapt—for example, by being moved to other parts of the lot that are safer. Depending on the geography and other site-specific conditions, creating additional, smaller lots with more structures may reduce this adaptive capacity.
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9 In light of the potential hazards and coastal resource impacts associated with subdivision in areas vulnerable to sea level rise, many local governments have avoided such land divisions. For example, Policy 7-2 of the City of Half Moon Bay’s Local Coastal LUP limits “subdivisions in areas vulnerable to environmental hazards, including as may be exacerbated by climate change, by prohibiting any new land divisions, including subdivisions, lot splits, and lot line adjustments that create new building sites unless specific criteria [are] met that ensure that when the subject lots are developed, the development will not be exposed to hazards, pose any risks to protection of coastal resources, or create or contribute to geologic instability.” Likewise, San Mateo County’s LCP Implementation Plan (IP) requires applications for proposed subdivisions to include a development footprint analysis that comprehensively evaluates site development constraints and potential impacts, including sea level rise impacts, prior to approval of subdivision parcel maps. These LCP policies allow lot splits, such as those authorized by Government Code § 66411.7, but only when consistent with the Coastal Act. c. Identifying areas vulnerable to sea level rise
The best available, up-to-date scientific information about coastal hazards and sea level rise should be used to determine whether proposals for lot splits and new residential units in areas vulnerable to sea level rise are consistent with the Coastal Act and LCP provisions. Local governments and applicants should refer to the SLR Guidance when conducting this analysis.

Step 1: Identify sea level rise projections. First, identify the best available, locally-relevant sea level rise projections. In line with statewide guidance, the Commission currently recognizes the Ocean Protection Council’s 2018 State Sea-Level Rise Guidance as the best available science on sea level rise projections for California.
• Tide gauges. Appendix G of the SLR Guidance includes sea level rise projections for every 10 years from 2030 to 2150 for 12 tide gauges along the California coast; the projections from the closest tide gauge to the project site should be used. • Planning horizon. Hazard analyses typically evaluate potential hazards for the expected life of the development. Some LCPs include a specified design life for new types of development. If no specified time frame is provided, a time frame may be chosen based on the type of development. For proposed development of new residential units, it is generally appropriate to analyze sea level rise impacts for at least the expected life of the proposed structure(s), often 75-100 years for residential structures, as described in Chapter 6 of the SLR Guidance. Although situations may vary, local governments and applicants should typically use a longer planning horizon of at least 100 years for lot splits because, as described in subsection (b), land divisions are expected to be permanent, unlike many other kinds of development, and have a limited ability to adapt.
• Risk aversion scenario. Evaluate impacts from the “medium-high risk aversion” scenario, as described in Chapters 5 and 6 of the SLR Guidance. The SLR Guidance recommends 171
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10 that all communities evaluate the impacts from the “medium-high risk aversion” scenario (p. 76), and that residential structures and projects with greater consequences and/or a lower ability to adapt use this projection scenario (p. 102). In addition, impacts under other risk aversion scenarios may be helpful to analyze.

Step 2: Analyze the physical effects of sea level rise. Analyze the following hazards under the medium-high risk aversion scenario: erosion of beaches, bluffs, cliffs, and other landforms; tidal inundation of shoreline areas; flooding (wave run-up and storm impacts); and saltwater intrusion and groundwater impacts, consistent with the SLR Guidance and Coastal Act and LCP requirements.

Step 3: Assess impacts to future development and coastal resources. Determine whether the proposed residential units and/or potential building sites on new parcels are vulnerable to sea level rise impacts.

Step 4: Determine whether proposed development is appropriate. Lastly, determine whether the proposed development is consistent with the LCP and Coastal Act as proposed, or can be made consistent with design modifications, adaptive strategies, or other conditions.

Development of new residential units in areas projected to be impacted by sea level rise may be inconsistent with the Coastal Act or LCPs if adaptive strategies cannot minimize the risk of hazards and protect coastal resources, as discussed in subsection (a). Lot splits may be inconsistent with the Coastal Act or LCP policies if they occur in areas projected to be impacted by the hazards associated with sea level rise over the next 100+ years under the medium-high risk aversion scenario, as discussed in subsection (b). As described in the SLR Guidance, local governments should consider whether to “[p]rohibit any new land divisions, including subdivisions [and] lot splits . . . that create new beachfront or blufftop lots unless the lots can meet specific criteria that ensure that when the lots are developed, the development will not be exposed to hazards or pose any risks to protection of coastal resources.” (SLR Guidance, p. 130.) A lot split may be appropriate if the project site is not projected to be impacted by sea level rise hazards for the longest time frame feasible, typically at least 100 years, and is otherwise consistent with the LCP and Coastal Act.

V. Local Government Application of SB 9 in the Coastal Zone a. Update applicable LCP provisions
Local governments in the coastal zone are required to comply with both the Coastal Act and, to the extent they do not conflict with Coastal Act requirements, the new SB 9 requirements.

Currently certified provisions of LCPs are not superseded by Government Code Sections 65852.21 and 66411.7 and continue to apply to CDP applications until an LCP amendment is adopted. Where LCP provisions directly conflict with the new Government Code provisions or require refinement to be consistent with the new laws, those LCP provisions should be updated to be consistent with SB 9 to the greatest extent feasible while still complying with Coastal Act 172
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11 requirements. As discussed above, when updating LCP policies to account for SB 9, local governments should also consider how proposed lot splits and residential development might impact public access, sensitive habitats, recreation areas, and other coastal resources. Local governments should also consider new LCP provisions that limit or prohibit subdivisions in areas vulnerable to sea level rise, and that appropriately account for coastal hazards and coastal resource impacts, including as exacerbated or associated with sea level rise, for new residential development.

Although a public hearing is not required under SB 9, public notice requirements still apply. LCP amendment applications should specify how local and Coastal Act public notice requirements will be fulfilled, including the notice requirements for: (a) pending action to interested parties prior to a local decision, and (b) notice of final action to the Commission and those who have requested such notice after a local decision. LCP amendment applications should specify the procedures for issuing a Final Local Action Notice (FLAN) for local decisions on applications for development that are appealable to the Commission. Some LCP amendments may qualify for streamlined review as minor or de minimis amendments. (Pub. Res. Code § 30514(d); Cal. Code Regs., tit. 14, § 13554.)
b. Review SB 9 applications consistent with the Coastal Act/LCP and SB 9 Local governments should generally follow the below process when considering proposed SB 9 projects outside of areas that are potentially vulnerable to sea level rise.

Review Prior CDP History. First, determine whether a CDP or other form of Coastal Act authorization was previously issued for development of the site and whether that CDP and/or authorization limits, or requires a CDP or CDP amendment for, changes to the approved development or for future development or uses of the site. The applicant should contact the appropriate Commission district office if a Commission-issued CDP and/or authorization limits the applicant’s ability to apply to construct two or fewer residential units or split the lot.

Consider Possible Expedited Permitting Processes. Second, and only if an application proposes to undertake development in an area where it will be consistent with LCP and Coastal Act hazard and coastal resource protection policies, consider whether any expedited permitting processes, such as waivers or administrative permits, are available. If a local government’s LCP includes a waiver provision, and the proposed lot split and/or residential unit development proposal meets the criteria for a CDP waiver, the local government may issue a CDP waiver in place of a CDP. The Commission has generally allowed a CDP waiver only when the Executive Director determines that the proposed development is de minimis (i.e., it is development that has no potential for any individual or cumulative adverse effect on coastal resources and is consistent with all Chapter 3 policies of the Coastal Act). Such a finding can typically be made when the proposed project has been sited, designed, and limited in such a way as to ensure any potential impacts to coastal resources are avoided (such as through habitat and/or hazards setbacks, provision of adequate off-street parking to ensure that public access to the coast is 173
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12 not impacted, etc.). (See Pub. Res. Code § 30624.7.) Projects that qualify for a CDP waiver typically allow for a substantially reduced evaluation process and streamlined approval.

It may be appropriate for local governments to use waivers to approve applications in both appealable and non-appealable areas to streamline permitting. 3 Local governments interested
in exploring this option should consult with Commission staff. LCP amendment applications that propose to allow waivers in appealable areas should ensure that there are proper procedures for notifying the public and the Commission of approvals for individual, appealable waivers (such as Final Local Action Notices) so that the proper appeal period can be set, and any appeals received are properly considered.4
Require and Review a CDP Application. Lastly, if a proposal is not eligible for a waiver or similar expedited process authorized by the Coastal Act and the certified LCP, including because it is located in an area potentially subject to coastal hazards and/or future sea level rise hazards, it requires a CDP. (Pub. Res. Code § 30600.) The CDP must be consistent with the requirements of the certified LCP and any relevant policies of the Coastal Act. Local governments must provide all required public notice for any CDP applications for development covered by SB 9 and process the application pursuant to LCP requirements, but local governments are not required to hold public hearings. (Gov. Code §§ 65852.21(k); 66411.7(o).) Once the local government has made a CDP decision, it must send the required final local action notice of that decision to the appropriate Commission district office. If the CDP decision on the proposed project is appealable, a local government action to approve a CDP for the proposed project may be appealed to the Commission. (Pub. Res. Code § 30603.)
3 Most, if not all, LCPs with CDP waiver provisions do not allow for waivers in areas where local CDP decisions are appealable to the Coastal Commission. There have been a variety of reasons for this in the past, including that the Commission’s regulations require that local governments hold a public hearing for all applications for appealable development (14 Cal. Code Regs § 13566), and also that development in such areas tends to raise more coastal resource concerns and that waivers may therefore not be appropriate. However, under SB 9 provisions, public hearings are not required for qualifying development. Because of this, the above-described public hearing issue would not be a concern, so it could be appropriate for LCPs to allow CDP waivers in both appealable and non-appealable areas at least related to this criterion. Local governments should consult with Commission staff should they consider proposing CDP waiver provisions in their LCP.
4 The development authorized by SB 9—specifically, residential lot splits and development of new residential units that change the intensity of use—are not types of development that the Commission has typically found to be exempt from CDP requirements as improvements to single-family residences. (See Pub. Res. Code § 30610; Cal. Code Regs., tit. 14, § 13250(a).) In addition, any development that is not designated as the principal permitted use under the approved zoning ordinance or zoning district map—such as lot splits—is appealable to the Commission. (Pub. Res. Code § 30603(a)(4).) 174
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13 VI. Conclusion
The Commission strongly supports increased access to affordable housing and increased residential density in the coastal zone. For new housing to be a long-term solution to the housing shortage, it must be sited and designed to be safe from hazards, such as sea level rise, and to not have significant adverse effects on coastal resources. Local governments should review their LCPs to determine what changes are necessary to implement SB 9 in a manner that is consistent with the Coastal Act and appropriate for local geography, and prepare and submit LCP amendments to the Commission as soon as is feasible.

This document was developed using federal financial assistance provided by the Coastal Zone Management Act, as amended, under award NA19NOS4190073, administered by the Office for Coastal Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author and do not necessarily reflect the views of the National Oceanic and Atmospheric Administration or the U.S. Department of Commerce.
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Capitola City Council
Agenda Report
Meeting: May 12, 2022
From: Community Development Department
Subject: Objective Standards for Multifamily and Mixed-Use Residential Ordinance
Recommended Action: 1) Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola adding Municipal Code Chapter 17.82 to establish objective standards for multifamily dwellings and mixed-use residential development, amending section 17.16 Residential Zoning Districts, section 17.20 Mixed Use Zoning Districts, and 17.24 Commercial and Industrial Zoning Districts to reference Chapter 17.82 Objective Standards for Multifamily Dwellings and Mixed-Use Residential Development; and 2) Adopt the proposed resolution Authorizing Submittal to the California Coastal Commission for the Certification of an Amendment to the Local Coastal Program.

Background: In 2017, the State of California established the Senate Bill 2 (SB2) grant program to fund city planning efforts that streamline housing approvals and accelerate housing production.

Capitola utilized part of its SB2 grant to create objective standards for multi-family and mixed-use development projects, which will ensure quality design and development in Capitola, while keeping the City in compliance with new state housing laws.

In 2021, the City began to prepare objective standards for multifamily dwellings and mixed-use residential development. These standards are needed to protect the city and ensure quality development considering new state housing laws. The City is using part of its SB2 grant funds for this project and is working with consultants Ben Noble and Bottomley Design and Planning on the project.

The City has held the following meetings regarding the Objective Standards project:
 2021:
o February 3: Planning Commission Study Session to present project goals and approach
o April 8: City Council Study Session to present project goals and approach o July 21: Stakeholder Meeting #1 to receive preliminary input from developers, architects, and residents on potential draft standards
 2022:
o February 16: Stakeholder Meeting #2 to receive feedback on draft standards o March 31: Planning Commission to receive feedback on draft standards o April 21: Planning Commission positive recommendation to City Council o April 28: City Council receives staff presentation on recommended ordinance Discussion: Recent changes to state law aimed at increasing housing production mandate an “expedited review” process for multifamily housing projects. These laws include Senate Bill (SB) 35, the Housing Accountability Act, and SB 330. The state created a streamlined administrative review process for applicable multifamily housing projects which comply with the local jurisdiction’s objective standards. Objective standards are defined by the state as standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. Subjective standards, such as “neighborhood 176
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compatibility,” are not allowed in the review of applicable multifamily and mixed-use housing applications. Multifamily housing is allowed in the Multifamily Residential (RM) zoning districts in the City, and mixed-use applications are allowed in Mixed-Use Neighborhood (MU-N), Community Commercial (C-C), and Regional Commercial (C-R) zoning districts as shown in Zoning Map in Attachment 3.

The objective standards for multifamily and mixed-use residential development would apply to all new multifamily and mixed-use residential development in the Multifamily Residential (RM), Mixed-Use Neighborhood (MU-N), Community Commercial (C-C), and Regional Commercial (CR) districts. The standards would not apply in the Mixed-Use Village (MU-V) district as sufficient standards are already in place for this district. The standards would apply to projects that require a design permit, as well as projects requesting ministerial approval under SB 35.

The standards are divided into six categories. Each category includes an intent statement to explain the purpose of the standards followed by the objective standards to guide the design and citing. The six categories are:

1. Circulation and Streetscape

2. Parking and Vehicle Access

3. Building Placement, Orientation, and Entries

4. Building Massing

5. Facade and Roof Design

6. Other Site Features
A proposed project would be permitted to request deviation from one or more standards with Planning Commission review. The Planning Commission could approve a deviation upon finding the project successfully incorporates an alternative method to achieve the intent of the standard.

A project requesting a deviation would not be eligible for streamlined review under SB 35.

CEQA:

State CEQA Guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. There is no possibility that the objective design standards will have a significant effect on the environment, and all non-ministerial projects approved pursuant to the objective design standards shall be subject to CEQA review.

Fiscal Impact: None.

Attachments:

1. Objective Standards for Multifamily and Mixed-Use Residential Ordinance

2. Objective Standards LCP Amendment Resolution

3. Memorandum on Objective Standards for Multifamily and Mixed-Use Development

4. Zoning Map
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Chloé Woodmansee, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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Capitola City CouncilMay 12, 2022

Capitola City Council
May 12, 2022