Agenda packet — Capitola City Council, February 23, 2023

City of Capitola
City Council Meeting Agenda
Thursday, February 23, 2023 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Keiser
Vice Mayor: Kristen Brown
Council Members: Yvette Brooks, Joe Clarke, Alexander Pedersen Closed Session – 5:10 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.
i. CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code § 54957.6) Negotiator: Chloe Woodmansee, Assistant to the City Manager Employee Organizations: Mid Management Employees
ii. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (§ 54956.9) Significant exposure to litigation pursuant to § 54956.9(d)(4): one case Regular Meeting of the Capitola City Council – 6 PM
All correspondence 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 Yvette Brooks, Joe Clarke, Alexander Pedersen, Kristen Brown, and Mayor Margaux Keiser.

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Introductions of new Environmental Projects Manager Erika Senyk and Development Services Technician Shelon Bennett
B. Presentation from the Soquel Creek Water District on the Pure Water Soquel Project and Strategic Plan

4. Report on Closed Session

5. Additional Materials
Additional information submitted to the City after distribution of the agenda packet. 1 City Council Meeting Agenda – February 23, 2023
City of Capitola Page 2

6. Oral Communications by Members of the Public
Please review the Notice of Remote Access for instructions. Oral Communications allows time for members of the Public to address the City Council on any “Consent Item” on tonight’s agenda, or on any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” section of the Agenda. Members of the public may speak for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications at this time.

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

8. Consent Items
All items listed as “Consent Items” will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time the Council votes on the action unless members of the City Council request specific items to be discussed for separate review. Items pulled for separate discussion will be considered following General Government. Note that all Ordinances which appear on the public agenda shall be determined to have been read by title and further reading waived.

A. Consider and Approve 2/9/2023 City Council Meeting Minutes B. Approval of City Check Registers Dated January 20, 2023, and February 3, 2023 Recommended Action: Approve check registers.

C. Capitola Municipal Code Amendment Regarding the Storage of Waste Collection Containers Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola amending Capitola Municipal Code Sections 8.04.020 and 8.04.080 regarding the storage of waste collection containers.

9. General Government / Public Hearings
All items listed in “General Government / Public Hearings” are intended to provide an opportunity for public discussion of each item listed. The following procedure pertains to each General Government item: 1) Staff explanation; 2) Council questions; 3) Public comment; 4) Council deliberation; 5) Decision.

A. Wharf Update and Termination of Local Emergency
Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency.

B. Design Contract for the Community Center Renovation Project Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Boone Low Ratliff Architects in an amount not to exceed $149,713 for the design of the remodel of the Community Center in substantially similar form, as approved by the City Attorney, as the attached Agreement.

C. Environmentally Sensitive Habitat Area Riparian Vegetation Planting Reimbursement Program Recommended Action: Approve a reimbursement program to award one-time grants in an amount not-to-exceed $300 per eligible applicant to plant and maintain native riparian vegetation on areas immediately adjacent to Soquel Creek and Noble Gulch, and find the project is exempt from CEQA under CEQA Guidelines Section 15333, small habitat restoration projects.

D. City Council Appointments to City Advisory Bodies
Recommended Action: 1) Review City Council representatives to the Santa Cruz County Children’s Network Cabinet and appoint an alternate representative to Santa Cruz County 2 City Council Meeting Agenda – February 23, 2023
City of Capitola Page 3
METRO Board of Directors; and 2) Appoint members of the public to the City of Capitola Arts and Cultural Commission and Financial Advisory Committee.

10. Adjournment
_____________________________________________________
Notice of In-Person & Remote Access
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010 Other ways to Watch:

Spectrum Cable Television channel 8
City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:

Meeting
link: https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09 Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799 Meeting ID: 833 2817 3113
Meeting Passcode: 678550
To make a remote public comment:

Via Zoom Application: Use participant option to “raise hand”. The moderator will unmute you Via Zoom phone call: Dial *9 on your phone to “raise your hand”. The moderator will unmute you Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 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. 3 Capitola City Council
Agenda Report
Meeting: February 9, 2023
From: City Manager Department
Subject: Consider and Approve 2/9/2023 City Council Meeting Minutes Recommended Action: Approve minutes from the regular meeting on February 9, 2023.

Background: Attached for Council review and approval are the draft minutes from the regular City Council meeting on February 9, 2023.

Attachments:

1. 2/9/2023 Regular Minutes
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
4 Item 8 A.

City of Capitola
City Council Meeting Minutes
Thursday, February 09, 2023 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Keiser
Vice Mayor: Kristen Brown
Council Members: Yvette Brooks, Joe Clarke, Alexander Pedersen Regular Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance
The meeting was called to order at 6:02 PM. In attendance: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser.

2. Additions and Deletions to the Agenda - None

3. Additional Materials
One email was received from a member of the public regarding the Housing Element but it was received after the deadline to distribute to Council.

4. Oral Communications by Members of the Public - None

5. Staff / City Council Comments
Nikki Bryant LeBlond advised the City Council that there will be a Beach Cleanup Event on February 19, 2023, at 9 AM.

Council Member Clarke advised that there was a fundraiser on February 25, 2023 to benefit the MidCounty Senior Center.

6. Consent Items
A. Consider and Approve 1/26/2023 City Council Meeting Minutes B. 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.

C. Revised 2023 City Council Meeting Schedule
Recommended Action: Approve the revised 2023 City Council Meeting Schedule to correct the second February meeting date.

D. Liability Claims
Recommended Action: Deny Matt Schaffer and Sonia Miller liability claims.

E. Design Contract for the Jade Street Park Universally Accessible Playground Project 5 Item 8 A.

City Council Meeting Minutes – February 09, 2023
City of Capitola Page 2
Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Verde Design in an amount not to exceed $87,053 for the design of a universally accessible playground at Jade Street Park in substantially similar form, as approved by the City Attorney, as the attached Agreement.

Motion to approve the Consent Calendar: Council Member Pedersen Seconded: Council Member Clarke
Voting Yea: Mayor Keiser, Vice Mayor Brown, Council Member Brooks, Council Member Pedersen, Council Member Clarke

7. General Government / Public Hearings
A. Prospect Walking Path Repair and Continued Maintenance Recommended Action: Provide direction to staff on the repair, continued maintenance and future use of the Prospect Walking Path.

Public Works Director Kahn presented the staff report.

Council Member discussion included: ADA compliance, use of Resiliency Funds from the FY 2022-23 Budget, and timeline of repairs.

Motion to use Resiliency Funds to repair the walking path that is currently in place, then apply for FEMA reimbursement: Council Member Brooks
Seconded: Vice Mayor Brown
Voting Yea: Mayor Keiser, Vice Mayor Brown, Council Member Brooks, Council Member Pedersen, Council Member Clarke
B. Storm Update and General Special Event Permit for a Capitola Village Benefit Concert Recommended Action: Receive update regarding the 2022-2023 Winter Storm Event and approve a General Special Event Permit for a Capitola Village Benefit Concert, including an Encroachment Permit and an Amplified Sound Permit.

City Manager Goldstein and Police Chief Dally presented the staff report.

Public Comment received from a resident who said that Congressman Jimmy Panetta will be in attendance.

Council Member discussion included compliments to staff and business owners on the bike corral.

Motion to approve the General Special Event Permit, including the Encroachment Permit and Amplified Sound Permit: Council Member Clarke Motion amended to waive fees and seconded: Council Member Brooks Voting Yea: Vice Mayor Brown, Council Member Brooks, Council Member Pedersen, Council Member Clarke
Abstaining: Mayor Keiser
C. Citywide Housing Element
Recommended Action: 1) Receive the presentation introducing the Housing Element Update and provide feedback regarding the planned update process.

Community Development Director Herlihy and Consultant Veronica Tam presented the staff report.

Council Member discussion included: City requirements for building once the Housing Element is adopted, community outreach efforts, timeline for zoning updates, and City Council representation on AMBAG during the RHNA allocation process.

Public Comment received from John Mulry, who inquired about AMBAG representation and lack of development in Capitola that may have led to RHNA allocations. Staff clarified 6 Item 8 A.

City Council Meeting Minutes – February 09, 2023
City of Capitola Page 3
that the RHNA allocation process is not punitive and that there was representation on AMBAG during the process.

8. Adjournment - Adjourned at 7:33 PM to the next regularly scheduled meeting on February 23, 2023.
7 Item 8 A.

Capitola City Council
Agenda Report
Meeting: February 23, 2023
From: Finance Department
Subject: Approval of City Check Registers Dated January 20,2023, and February 3, 2023
Recommended Action: Approve check registers.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
1/20/2023 102514 102582 100 $ 374,327.14
2/3/2023 102583 102690 115 $ 1,400,945.97
The main account check register dated January 9, 2023, ended with check #102513.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
1/20/2023 5817 5817 88 $ 1,096.46
2/3/2023 21268 21357 90 $ 183,900.76
The payroll account check register dated January 9, 2023, ended with EFT #21180.

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

Check/
EFT Issued to Dept Description Amount
102520 American Foam Experts PW City Hall roof repair $ 63,857.10 102554 Pacific Gas & Electric PW January utilities $ 20,037.11 102580 Visit Santa Cruz County Fin Jul – Sep TMD $ 72,045.66 1470 CalPERS Member
Services Division CM PERS contributions PPE 1/7/23 $ 54,661.20 1471 Employment Development
Department CM State taxes PPE 1/7/23 $ 11,684.01
1472 Internal Revenue Service CM Federal taxes & Medicare PPE 1/7/23 $ 37,227.77
102614 Donald W Alley PW Soquel Lagoon monitoring $ 16,166.09 102615 Eide Bailly LLP Fin FY22 audit services & financial transactions report $ 46,283.00
102636 MBASIA CM Workers’ comp & liability
insurance $ 604,949.00
102637 McKim Corporation PW Clares St traffic calming $ 296,501.05 102650 Pavement Engineering Inc PW Capitola Rd improvement project $ 30,450
102656 Santa Cruz County Animal
Shelter CM Quarterly animal services contribution $ 16,098.40 8 Item 8 B.
102683 VMI Inc CM Council chambers additional
Zoom features $ 17,382.09
102690 SZS Consulting Group PW ADA transition plan & self evaluation $ 11,096.00
1475 CalPERS Health Insurance CM January health insurance $ 63,899.80 1476 CalPERS Member
Services Division CM PERS contributions PPE 1/21/23 $ 54,846.79 1477 Employment Development
Department CM State taxes PPE 1/21/23 $ 10,403.01
1478 Internal Revenue Service CM Federal taxes & Medicare PPE 1/21/23 $ 34,278.25
Attachments:

1. 1-20-23 Check Register

2. 2-3-23 Check Register
Report Prepared By: Leda Laidlaw-Hunter, Accountant I
Reviewed By: Julia Moss, City Clerk and Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
9 Item 8 B.
10 Item 8 B.
11 Item 8 B.
12 Item 8 B.
13 Item 8 B.
14 Item 8 B.
15 Item 8 B.
16 Item 8 B.
17 Item 8 B.
18 Item 8 B.
19 Item 8 B.
20 Item 8 B.
21 Item 8 B.
22 Item 8 B.
23 Item 8 B.
24 Item 8 B.
25 Item 8 B.
26 Item 8 B.
27 Item 8 B.
28 Item 8 B.
29 Item 8 B.
30 Item 8 B.
31 Item 8 B.
32 Item 8 B.
33 Item 8 B.
34 Item 8 B.
35 Item 8 B.
36 Item 8 B.

Capitola City Council
Agenda Report
Meeting: February 26, 2023
From: Public Works Department
Subject: Capitola Municipal Code Amendment Regarding the Storage of Waste Collection Containers
Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola amending Capitola Municipal Code Sections 8.04.020 and 8.04.080 regarding the storage of waste collection containers.

Background: In December 2021, the City Council, pursuant to the requirements of State Senate Bill 1383, adopted Ordinance No. 1049 repealing Capitola Municipal Code Chapter 8.04 “Garbage” and enacting Chapter 8.04 “Solid Waste and Edible Food Recovery”. Upon further review of the ordinance, Staff discovered that the sections regulating the storage of waste collection containers in the previous ordinance were inadvertently omitted from the new ordinance.

Language regarding commercial containers was included in the original code as Section 8.04.070(B)(1):

When garbage containers and/or garbage container storage areas, in commercial areas, are likely to be smelled by or seen by persons other than the owners, occupiers, or employees of the premises in question. For the purposes of this section, dumpster-type containers which are not shielded from public view by an enclosure shall, be deemed a nuisance unless waiver from this requirement has been granted in writing by a city enforcement officer upon a showing that no realistic alternative is available.

In 2008, Ordinance 928 added the following language regarding residential collections containers as Section 9.04.070(D)
Containers shall be placed out of public view on noncollection days. The city manager shall have the authority to approve exceptions to this code section. In no case shall containers be placed in the public right-of-way or in a manner that constitutes a hazard or danger to vehicular or pedestrian, traffic.

Discussion: Staff has prepared the attached ordinance to correct the above omissions, by adding to following code language.

Section 8.404.020(E):

Containers shall be placed out of public view on non-collection days. The city manager shall have the authority to approve exceptions to this subsection. In no case shall containers be placed in the public right-of-way or in a manner that constitutes a hazard or danger to vehicular or pedestrian traffic.

Section 8.040.080(A):

Commercial waste collection containers must be stored in designated enclosures, to ensure that such containers are kept out of the public view and to ensure smells or other nuisance conditions associated with garbage and rubbish collection are mitigated. If siting constraints prohibit storage of commercial waste containers in designated enclosures, the city manager may approve an alternate location on the premises.

Fiscal Impact: There is no fiscal impact related to adopting this ordinance.

Environmental Determination: Enactment of this Ordinance is not a project under Section 15060(c)(2) of the California Environmental Quality Act ("CEQA") Guidelines because the Ordinance will not result in a 37 Item 8 C.
direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15060(c)(3), because the activity required by the Ordinance is not a project as defined in Section 15378 of the CEQA Guidelines. Alternatively, enactment of this Ordinance is statutorily exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have significant effect on the environment.

Attachments:

1. Proposed Ordinance
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
38 Item 8 C.

ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF CAPITOLA AMENDING SECTION 8.04.020 AND SECTION 8.04.080 OF THE CITY OF CAPITOLA MUNICIPAL CODE REGARDING THE

STORAGE OF WASTE COLLECTION CONTAINERS
WHEREAS, in December 2021, the City Council of City of Capitola adopted amendments to Chapter 8.04 of the Capitola Municipal Code regarding Solid Waste and Edible Food Recovery to comply with the Sate’s Mandatory ; and WHEREAS, the December 2021 amendments inadvertently omitted certain requirements for storage of waste collection containers on residential and commercial properties that existed in the prior version of Chapter 8.04; and
WHEREAS, the City of Capitola has an interest in ensuring that waste collection containers are stored in an aesthetically pleasing and sanitary manner; and WHEREAS, the City Council desires to implement regulations on the storage of waste collection containers within the City, similar to requirements that existed prior to the 2021 amendments to Chapter 8.04.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPITOLA DOES ORDAIN AS FOLLOWS:

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

Section 2. Section 8.04.020 (Accumulation of solid waste) is amended as follows:

Subsection E is added as follows:

E. Containers shall be placed out of public view on non-collection days. The city manager shall have the authority to approve exceptions to this subsection. In no case shall containers be placed in the public right-of-way or in a manner that constitutes a hazard or danger to vehicular or pedestrian traffic.

Section 3. Section 8.04.080(a) (Commercial business requirements) is amended as follows.

New language is shown in underline.

A. Each owner, operator, or manager of a commercial business shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site follow source separation requirements related to solid waste as required by the authorized collector. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.

Commercial waste collection containers must be stored in designated enclosures, to ensure that such containers are kept out of the public view and to ensure smells or other nuisance 39 Item 8 C.
conditions associated with garbage and rubbish collection are mitigated. If siting constraints prohibit storage of commercial waste containers in designated enclosures, the city manager may approve an alternate location on the premises.

Section 4. Environmental Review.

The City Council finds and determines that enactment of this Ordinance is not a project under Section 15060(c)(2) of the California Environmental Quality Act ("CEQA") Guidelines because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15060(c)(3), because the activity required by the Ordinance is not a project as defined in Section 15378 of the CEQA Guidelines. Alternatively, enactment of this Ordinance is statutorily exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have significant effect on the environment.

Section 5. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.

Section 6. Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and 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 7. 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 23rd day of February, 2023, and was adopted at a regular meeting of the City Council on the ___ day of _______ 2023, by the following vote:

AYES:

NOES:

ABSENT:

Margaux Keiser, Mayor
Attest: ___________________________
Julia Moss, City Clerk

Approved as to form:
___________________________________
Samantha W. Zutler, City Attorney
40 Item 8 C.

Capitola City Council
Agenda Report
Meeting: February 23, 2023
From: City Manager Department
Subject: Wharf Update and Termination of Local Emergency Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency.

Background: The California Emergency Services Act defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions beyond the control of the services, personnel, equipment, and facilities of a city.

Capitola Municipal Code Section 8.08.060 empowers the Director of Emergency Services (City Manager) for Capitola to proclaim the existence of a local emergency when the City is affected or likely to be affected by the existence of disaster or extreme peril which is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to control.

On December 30 and 31, 2022, our region experienced a major rain event. As a result, flooding in Soquel Creek caused damage to public and private property and various other roads and infrastructure.

On January 4, 2023, the City Manager/Director of Emergency Services signed a Proclamation of Local Emergency. On January 6, 2023, the City Council ratified the Proclamation of Local Emergency.

Discussion: Since the City Council ratified the Proclamation of Local Emergency on January 6, 2023, staff has provided regular updates at City Council meetings on actions taken to address storm damages.

Government Code Section 8630 requires the Council to terminate the local emergency at the earliest possible date that conditions warrant.

Wharf Update: During the storm event on January 5, 2023, the Capitola Wharf sustained significant damages to both the midspan and head of the structure; including damages to decking, trestle, piles, lighting, and stairways as shown in Attachment 4. Prior to the storm damage, staff had intended on starting construction of the $8 million Capitola Wharf Resiliency and Public Access Improvement Project (Wharf Resiliency Project) in October after the completion of the summer season.

The City engaged the engineering team on the Wharf Resiliency Project, Moffatt & Nichol, to complete a detailed cost estimate of the storm damages, which amount to approximately $932,000 in capital repairs and $200,000 in mobilization costs.

The City is currently in the process of obtaining funding for storm-related repairs through the Federal Emergency Management Agency (FEMA) Public Assistance Program. Staff anticipates the City will be able to start utilizing FEMA Public Assistance Program funds in May. Any work done prior to May would not be eligible for reimbursement through the Public Assistance Program.

Repairing the storm damage as a separate standalone emergency project would take around four months to complete, two months for the contractor to obtain materials and two months to build. Additionally, a standalone project would require additional permitting. If the City were to receive authorization to begin an emergency standalone storm repair project in May, construction on that project could be completed in September.

Assuming all these timelines could be met, proceeding with a standalone emergency repair means the wharf could theoretically be open for a couple weeks at the end of the summer, prior to it being closed for another 8-9 months to complete the overall Wharf Resiliency Project. Further, completing the projects separately would cost the City far more in total cost, likely hundreds of thousands of dollars. 41 Item 9 A.

Instead, Staff proposes repairing the storm damages in tandem with the previously planned Wharf Resiliency Project. This would reduce the overall cost of the storm damage repairs by removing the need for additional mobilization and would not require any additional permitting. Ideally, the project could be started earlier than the originally anticipated October start date, which would effectively get the wharf open sooner than by proceeding with separate projects.

Moving up the start date for the Wharf Resiliency Project is dependent on Federal approvals to utilize the $3.5M in U.S. Department of Housing and Urban Development (HUD) funding allocated to the City in December. The City is not authorized to begin the project until these funds are released by HUD through the Community Project Funding program.

Staff has determined that emergency conditions in the City have subsided, and thus termination of the state of emergency is warranted.

Fiscal Impact: Staff has submitted an Initial Damage Estimate to the Santa Cruz County Office of Response, Recovery & Resiliency as a part of a County-wide submittal to CalOES. There is no fiscal impact associated with the actions listed in this report.

Attachments:

1. Proclamation of Local Emergency

2. Resolution Ratifying the Local Emergency

3. Resolution Terminating the Local Emergency

4. Capitola Wharf Storm Damage Assessment
Report Prepared By: Julia Moss, City Clerk; Jessica Kahn, Public Works Director Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
42 Item 9 A.

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY

BY THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF CAPITOLA, STATE OF CALIFORNIA
WHEREAS, the California Emergency Services Act (California Government Code sections 8639, 8550, et. seq.) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as an epidemic, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat;
WHEREAS, Capitola Municipal Code Section 8.08.060 empowers the Director of Emergency Services for the City of Capitola to proclaim the existence of a local emergency when the City is affected or likely to be affected by the existence of disaster or extreme peril which is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to control; and WHEREAS, on December 30 and 31, 2022, Santa Cruz County, including the City of Capitola, experienced a major rain event (the “2022-23 Atmospheric River Winter Storm”); and WHEREAS, as a result of the 2022-23 Atmospheric River Winter Storm, major flooding of Soquel Creek in Santa Cruz County caused damage to public and private property in the unincorporated County just upstream from Capitola; and
WHEREAS, various other roads and infrastructure in the City of Capitola has been damaged as a result of the 2022-23 Atmospheric River Winter Storm; and WHEREAS, current estimates of the damage caused by the 2022-23 Atmospheric River Winter Storm exceed $1.5 million, and the true extent of the damage caused by the 2022-23 Atmospheric River Winter Storm has yet to be ascertained; and WHEREAS, soil conditions in the City of Capitola and County of Santa Cruz remain saturated as a result of the 2022-23 Atmospheric River Winter Storm, and an additional atmospheric storm event is expected on January 4 and 5, 2023, increasing the likelihood of further damage from earth slippage events, including the potential for flooding; and WHEREAS, at the time of this Proclamation, the City Council is not in session.

NOW, THEREFORE, IT IS PROCLAIMED AS FOLLOWS:

1. Conditions caused by the 2022-23 Atmospheric River Winter Storm in the City of Capitola, including but not limited to flooding along Soquel Creek, as well as other currently undiscovered damage related to the 2022-23 Atmospheric River Winter Storm, constitute conditions of disaster and extreme peril to the safety of persons, their property and public services.

DocuSign Envelope ID: 0B1AA1CF-7D59-419F-8617-C29A6B23A47B 43 Item 9 A.

2. An emergency, as defined in Section 8.08.020 of the Capitola Municipal Code, Government Code Section 8558(c), and Public Contract Code Section 1102, now exists in the City of Capitola.

3. During the existence of said local emergency the powers, functions, and duties of the City Manager or designee shall be those prescribed by State law and the ordinances, resolutions, codes and approved plans of the City of Capitola in order to mitigate the effects of the local emergency.

4. Pursuant to Section 8.08.090 of the Capitola Municipal Code, all expenditures made in connection with this local emergency, including mutual aid activities, shall be deemed to be for the direct protection and benefit of the inhabitants and property of the City of Capitola.

5. The City Manager, or his designee, is hereby designated as the authorized Agent for the City of Capitola for the purposes of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available County, State, and federal assistance.

6. Pursuant to Government Code section 8630, the local emergency shall be deemed to continue to exist for a period of up to seven (7) days, and thereafter by ratification and extension by the City Council until it is terminated by the City Council.

DATE: January 4, 2023 ______________________________

JAMIE GOLDSTEIN

CITY MANAGER/ DIRECTOR OF

EMERGENCY SERVICES
APPROVED AS TO FORM:
________________________________
SAMANTHA W. ZUTLER

CITY ATTORNEY
Distribution: City Council
Governor Gavin Newsom
Santa Cruz County Sherriff-Coroner
Santa Cruz County Office of Response, Recovery and Resilience Emergency Consolidated Communications Center
Assemblymember Robert Rivas
Senator John Laird
Congressmember Zoe Lofgren
Congressmember Jimmy Panetta
California Office of Emergency Services
DocuSign Envelope ID: 0B1AA1CF-7D59-419F-8617-C29A6B23A47B 44 Item 9 A.

RESOLUTION NO. 4301

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA RATIFYING THE EMERGENCY SERVICES DIRECTOR’S PROCLAMATION DECLARING THE

EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, the California Emergency Services Act (California Government Code sections 8630, 8550 et seq.) empowers the City of Capitola (“City”) City Council to authorize, by ordinance a local official, to proclaim the existence of a local emergency when the City Council is not in session; and
WHEREAS, a local emergency proclaimed by an official designated by ordinance shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body; and
WHEREAS, Capitola Municipal Code Sections 8.08.050 designates the City Manager as the Director of Emergency Services for the City, and Capitola Municipal Code Section 8.08.060 empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected or likely to be affected by the existence of disaster or extreme peril which is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to control; and
WHEREAS, Capitola Municipal Code Section 8.08.020 defines an emergency as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions…which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities for this city, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, commencing on December 30, 2022, the City experienced heavy rains causing flood related significant damage to public infrastructure and private property throughout the City; and
WHEREAS, on January 4, 2023, due to the conditions created by the weather, the Director of Emergency Services issued a Proclamation of Existence of Local Emergency (“Proclamation”), a copy of which is attached hereto; and WHEREAS, on January 4, 2023, the Director of Emergency Services issued an evacuation order for Capitola Village/Riverview neighborhoods; and WHEREAS, at the time of issuance of the Proclamation, the City Council was not in session.

NOW, THEREFORE, the City Council of the City of Capitola does resolve as follows:

1. A local emergency exists throughout the City; and
DocuSign Envelope ID: BBC296C3-2D6D-496F-866D-223624D2844E 45 Item 9 A.

2. The Proclamation issued by the City Manager acting as the Director of Emergency Services on January 4, 2023 is hereby ratified; and

3. During the existence of said emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City of Capitola shall be those prescribed by State law, ordinances, and resolutions of the City and by the City of Capitola Emergency Plan; and

4. Pursuant to Capitola Municipal Code Section 8.08.090, all expenditures made in connection with this local emergency, including mutual aid activities, shall be deemed to be for the direct protection and benefit of the inhabitants and property of the City of Capitola; and

5. Said local emergency shall be deemed to continue to exist until it is terminated by the City Council.

PASSED AND ADOPTED by the City Council of the City of Capitola, California, this 6
th day of January, 2023, by the following vote:

AYES: BROOKS, CLARKE, PEDERSEN, BROWN, KEISER
NAYS: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________
Margaux Keiser, Mayor
ATTEST:
___________________
Julia Moss, City Clerk
DocuSign Envelope ID: BBC296C3-2D6D-496F-866D-223624D2844E 46 Item 9 A.

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY

BY THE DIRECTOR OF EMERGENCY SERVICES

NOW, THEREFORE, IT IS PROCLAIMED AS FOLLOWS:

DocuSign Envelope ID: 0B1AA1CF-7D59-419F-8617-C29A6B23A47B DocuSign Envelope ID: BBC296C3-2D6D-496F-866D-223624D2844E 47 Item 9 A.

2. An emergency, as defined in Section 8.08.020 of the Capitola Municipal Code, Government Code Section 8558(c), and Public Contract Code Section 1102, now exists in the City of Capitola.

DATE: January 4, 2023 ______________________________

JAMIE GOLDSTEIN

CITY MANAGER/ DIRECTOR OF

EMERGENCY SERVICES
APPROVED AS TO FORM:
________________________________
SAMANTHA W. ZUTLER

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, the California Emergency Services Act (California Government Code sections 8630, 8550 et seq.) empowers the City of Capitola (“City”) City Council to authorize, by ordinance, a local official to proclaim the existence of a local emergency when the City Council is not in session; and
WHEREAS, a local emergency proclaimed by an official designated by ordinance shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body; and
WHEREAS, Capitola Municipal Code Sections 8.08.050 designates the City Manager as the Director of Emergency Services for the City, and Capitola Municipal Code Section 8.08.060 empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected or likely to be affected by the existence of disaster or extreme peril which is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to control; and
WHEREAS, Capitola Municipal Code Section 8.08.020 defines an emergency as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions…which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities for this city, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, commencing on December 30, 2022, the City experienced heavy rains causing flood related significant damage to public infrastructure and private property throughout the City; and
WHEREAS, on January 4, 2023, due to the conditions created by the weather, the Director of Emergency Services issued a Proclamation of Existence of Local Emergency (“Proclamation”); and
WHEREAS, on January 6, 2023, the City Council adopted and ratified said Proclamation of Existence of Local Emergency during a Special City Council Meeting; and
WHEREAS, Cal. Gov. Code Section 8630(d) requires that a governing body proclaim termination of the local emergency at the earliest possible date that conditions warrant; and
WHEREAS, flood conditions appear to have subsided in the City, thus warranting the termination of the local emergency.
49 Item 9 A.

NOW, THEREFORE, pursuant to California Government Code section 8630, the City Council of the City of Capitola does resolve as follows:

1. The local emergency ratified by the City Council on January 6, 2023, is hereby terminated.

PASSED AND ADOPTED by the City Council of the City of Capitola, California, this 23rd day of February, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
___________________
Margaux Keiser, Mayor
ATTEST:
___________________
Julia Moss, City Clerk
50 Item 9 A.
40 50 60 70 76
INDEX: OF C-100WHARF STORM DAMAGE EMERGENCY DRAWINGS 1 OF 3 1 01/10/2023 JEJE BP BP 3 Designed by: Dwn by: Reviewed by: Date: Rev. Ckd by: Submitted by: Drawing Scale: Plot scale: MOFFATT & NICHOL M&N Project No. : Drawing code: Description Date Appr. Mark CAPITOLA WHARF RESILIENCY AND PUBLIC ACCESS IMPROVEMENT PHASE 2 Sheet Reference No. - 1:1 (D SHEET)
DRAWING SCALES SHOWN BASED ON 22"x34" DRAWING 9154-01 SEAL A 1 File: Q:\WC\9154-01 Capitola Wharf Beach\4_CADD\_Active\_Exhibits\20230105 Storm Damage\Colorized\Capitola Wharf 20230105 Storm Damage Color ; Plotted: 2/8/2023 4:21 PM by ESTRADA, JUSTIN ; Saved: 2/8/2023 4:20 PM by JESTRADA 2 3 4 5 6 BCDE 1 2 3 4 5 6 ABCDE 2185 N. CALIFORNIA BLVD. SUITE 500 WALNUT CREEK, CA 94596 3-31-20 FINAL REVIEW - 12/16/2022 NOT FOR CONSTRUCTION LEGEND

CONSTRUCT BOTTOM FLIGHT OF STAIRS

DEMOLISHED TRESTLE

DAMAGED DECKING AT HEAD OF WHARF

CONSTRUCT RAILING

CONSTRUCT LIGHT POST
RESET DISPLACED PILES MATCH LINE MATCH LINE 1- WHARF REPAIRS SCALE: 1" = 15' 3
C-121 1 10 20 30
40 50 60 70 76
A'
B'

C' DEF AC
130 LF
25 LF 150 LF

DEMOLISHED TRESTLE, REPLACE DECKING,

STRINGERS, PILE CAPS, AND PILES
210 LF DEMOLISHED RAILING

AT HEAD OF WHARF

DAMAGED DECKING AT
HEAD OF WHARF 2100 SF,
30% BOARD REPLACEMENT
15'-0" 0'-0" 15'-0" 30'-0" 1"=15'
51 Item 9 A.

Capitola City Council
Agenda Report
Meeting: February 23, 2023
From: Public Works Department
Subject: Design Contract for the Community Center Renovation Project Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Boone Low Ratliff Architects in an amount not to exceed $149,713 for the design of the remodel of the Community Center in substantially similar form, as approved by the City Attorney, as the attached Agreement.

Background: On November 22, 2022, the City entered a Long-Term Use Agreement between the City of Capitola and Soquel Union Elementary School District for the Jade Street Park Property inclusive of the Capitola Community Center. The agreement requires the City to complete certain specific infrastructure improvements to the Community Center within four years. Staff estimates the cost for those improvements will likely total $720,000. Additional “ancillary” improvements, such as replacement of flooring and partitions, specified as intended improvements to be made by the City are estimated at an additional $725,000.

Discussion: Staff issued a request for proposals (RFP) for a project architect on November 28, 2022. The RFP was advertised on the City’s website, on industry sites, and through direct solicitation of experienced firms in order to solicit qualified consultants. Proposals were due on January 18, 2023, providing a sevenweek response period. Four proposals were submitted.

A selection panel consisting of Capitola Public Works and Recreation staff evaluated and ranked all proposals using the evaluation criteria included in the RFP. Three firms (Boone Low Ratliff Architects, Goring & Straja Architects and Jayson Architecture) were interviewed by the review panel on January 30, 2023. Based upon their rankings and interviews, the panel recommends Boone Low Ratliff Architects.

Boone Low Ratliff Architects is located in Santa Cruz, has led multiple successful remodel projects for public buildings, and has worked locally on projects in Santa Cruz County.

Following the selection process, staff began negotiations with Boone Low Ratliff Architects, based on their proposed scope of work. The scope (Attachment 1) includes stakeholder outreach and input, site analysis, preparation of conceptual alternatives, presentations to City Council, and development of initial construction documents. The negotiated fee of $149,713 is incorporated into the Professional Services Agreement (Attachment 2).

Upon the award of contract, meetings with the Boone Low Ratliff Architects team will begin immediately to run much of the design efforts in coordination with the design of the Universally Accessible Park. Staff anticipates the Community Center will be fully designed by the end of 2023.

Fiscal Impact: The FY 2022-23 Capital Improvement Program Budget has allocated $150,000 to this project; therefore, sufficient funds are available for approval of this Professional Services Agreement.

The proposed agreement is for Phase 1 of the Community Center design, which is inclusive of community outreach, alternative analysis, and 50% construction documents. Phase 2 will consist of completion of final plans, specifications, and estimates for construction, bidding support and construction administration. Additional costs for Phase 2 are estimated at $95,000, dependent on final project construction scope.

Future budget allocations will be required to complete the design process and fully fund the construction project.
52 Item 9 B.

Attachments:

1. Scope of Work

2. Professional Services Agreement
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
53 Item 9 B.

CAPITOLA COMMUNITY CENTER REMODEL
02/14/2023
BOONE LOW RATLIFF ARCHITECTS, INC.

Scope of Work & Phase 1 & 2 Work Plan
SCOPE OF WORK:

1. Architectural design services to include:
a. Design for the remodel and accessibility upgrades of the Capitola Community Center. b. Replacement and repairs to the (E) building envelope, including replacement of siding and built-up roof, and repairs to exterior rafters.
c. Remodel of the (E) kitchen facility to meet current user needs and be fully accessible d. Remodel of the (E) bathroom facilities including providing a single user accessible stall. e. Improvement of acoustic performance in meeting areas. f. Accessibility upgrades to the parking, paths of travel and exterior areas that service the community center.
g. Design of exterior patio break-out spaces opening off the meeting areas with shelter & landscaping
WORK PLAN PHASE 1:

A1 & A2. Predesign & Programming Phase

2. Meet with Stakeholder to confirm the scope of work, timeline and Stakeholder’s objectives.

3. Provide a project workplan based on feedback from initial Stakeholder meeting including primary team members, dates & descriptions of tasks, phasing and milestones.

4. Use old drawings and measurements of as-built community center. Convert as-builts into current CAD platform.

5. Have an initial meeting with the City of Capitola Planning Department to review building history, development review requirements and zoning requirements.

B. Conceptual Design Phase.

1. Prepare three (3) conceptual plan sketches to illustrate the proposed design. Plans will include existing and proposed site plan, floor plans, floor areas, furniture and equipment.

2. Meet three times (3) with Stakeholders, City staff and community center users to review conceptual plan sketches and choose scheme.

3. At the end of this phase, Architect will provide a preliminary cost estimate and outline specifications of key building systems.

C. Design Development Phase.

1. Refine chosen scheme and prepare schematic design drawings showing site plan, floor plans, elevations, and sections to explain the design.

2. Meet with stakeholders and City staff to review plans to confirm that the proposed layouts meet their requirements.

3. Make any required changes to the drawings based on the comments received.

D1. Construction Documents 50% Phase

1. Meet with Stakeholders at 50% CD phase and make any required changes to the drawings based on feedback received.

2. Coordinate with a professional cost estimator after 50% CD Phase for cost estimate and one client meeting to review construction estimate.
54 Item 9 B.

CAPITOLA COMMUNITY CENTER REMODEL
02/14/2023
BOONE LOW RATLIFF ARCHITECTS, INC.

WORK PLAN PHASE 2:

D2. Construction Documents 100% Phase & Technical Specifications

1. Meet with Stakeholders at 90% CD phase and make any required changes to the drawings based on feedback received.

2. Coordinate with a professional cost estimator after 90% CD Phase for cost estimate and one client meeting to review construction estimate.

3. Coordinate plan review process to procure building permit.

4. The construction drawings will include site plan, demolition plan, floorplan, reflected ceiling plan, door and finish schedules, interior elevations and details. Architect will also provide coordination of consultants.

5. A CSI specification will be provided.

6. Coordinate with a professional cost estimator to provide a final construction cost estimate.

E. Project Bidding Phase

4. Answer bid RFI questions and clarifications and prepare addendas/ revisions to incorporate into bid documents.

5. Attend pre-bid walkthrough
F. Construction Administration

6. Attend minimum of 4 site meetings & 1 final inspection during construction period of ± 8 months

7. Review and respond to RFI’s, submittals, Change Orders, claims and issue Architectural Supplemental Instructions.

8. Architect is not responsible for Contractor’s work schedule or methods of construction. 55 Item 9 B.

CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

THIS AGREEMENT is entered into on February 23, 2023, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and Boone Low Ratliff Architects, Inc., 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 the Community Center Renovation Project and further detailed in Appendix One.

SECTION 2
Duties of Consultant
In providing services under this Agreement, Consultant shall perform, consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultants profession, practicing in the same or similar locality and under similar circumstances. (“Standard of Care”) Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with consultants’ services except that the services will be performed consistent with the standard of care stipulated herein.”
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 Public Works 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. City shall not control or direct the manner in which the services are to be performed. However, the work in progress hereunder shall be reviewed from time to time by 56 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 2 ends

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
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 February 23, 2023.

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. 57 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 3 ends

SECTION 8
Insurance
Consultant shall procure and maintain for the duration of the contract and for ___ 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, or insurer’s equivalent).

2. Insurance Services office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto) , or insurer’s equivalent.

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 limited 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
58 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 4 ends

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.

4. If Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned) satisfies the requirement.

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 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 59 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 5 ends

from and against any and all claims, demands, actions, liabilities, damages, or expenses (including attorneys’ fees and costs) but only to the extent actually caused by the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s employees, or agents in any way related to the obligations or in the performance of design professional services under this Agreement as defined in Civil Code §2782.8, except where caused by the sole or active negligence, or willful misconduct of the City. The costs to defend charged to the Consultant relating to design professional services shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8.and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the 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 relief to which he or she may be entitled. The laws of the State of California shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of 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. 60 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 6 ends

SECTION 14
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 thereby represents that he or she has an established trade, occupation, or business in the same nature of services Consultant is performing under this Agreement.

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. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CONSULTANT, and made available to the City upon request. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. 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. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee of the City.

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:
61 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 7 ends

62 Item 9 B.

Professional Services Agreement February 23, 2023
Community Center Renovation Project
Boone Low Ratliff Architects, Inc.

Page 8 ends

CITY CONSULTANT

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
Boone Low Ratliff Architects
2837 Mission Street,
Santa Cruz CA 95060
831-423-1316
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________

Dated:________________________________ Dated:_______________________________ Approved as to Form:
_______________________________
Samantha W. Zutler, City Attorney
63 Item 9 B.

APPENDIX ONE
Scope of Services
SCOPE OF WORK:

1. Architectural design services to include:
a. Design for the remodel and accessibility upgrades of the Capitola Community Center. b. Replacement and repairs to the (E) building envelope, including replacement of siding and built-up roof, and repairs to exterior rafters.
c. Remodel of the (E) kitchen facility to meet current user needs and be fully accessible. d. Remodel of the (E) bathroom facilities including providing a single user accessible stall. e. Improvement of acoustic performance in meeting areas. f. Accessibility upgrades to the parking, paths of travel and exterior areas that service the community center.
g. Design of exterior patio break-out spaces opening off the meeting areas with shelter & landscaping
WORK PLAN PHASE 1:

A1 & A2. Predesign & Programming Phase

1. Meet with Stakeholder to confirm the scope of work, timeline and Stakeholder’s objectives.

2. Provide a project workplan based on feedback from initial Stakeholder meeting including primary team members, dates & descriptions of tasks, phasing and milestones.

3. Use old drawings and measurements of as-built community center. Convert as-builts into current CAD platform.

4. Have an initial meeting with the City of Capitola Planning Department to review building history, development review requirements and zoning requirements.

B. Conceptual Design Phase.

1. Prepare three (3) conceptual plan sketches to illustrate the proposed design. Plans will include existing and proposed site plan, floor plans, floor areas, furniture and equipment.

2. Meet three times (3) with Stakeholders, City staff and community center users to review conceptual plan sketches and choose scheme.

3. At the end of this phase, Architect will provide a preliminary cost estimate and outline specifications of key building systems.

C. Design Development Phase.

4. Refine chosen scheme and prepare schematic design drawings showing site plan, floor plans, elevations, and sections to explain the design.

5. Meet with stakeholders and City staff to review plans to confirm that the proposed layouts meet their requirements.

6. Make any required changes to the drawings based on the comments received.

D1. Construction Documents 50% Phase

1. Meet with Stakeholders at 50% CD phase and make any required changes to the drawings based on feedback received.

2. Coordinate with a professional cost estimator after 50% CD Phase for cost estimate and one client meeting to review construction estimate.
64 Item 9 B.

Scope of Expenses

PROPOSED DESIGN COSTS
ARCH. STRUCT. MECH. ELEC. ESTIMATOR ACOUSTIC LANDSCAPE TOTAL A1. PRE-DESIGN $ 2,500.00 $ 4,900.00 $ - $ 1,145.20 $ - $ - $ - $ 8,545.20 A2. PROGRAMMING PHASE $ 4,000.00 $ - $ - $ - $ - $ - $ - $ 4,000.00 B. CONCEPTUAL DESIGN PHASE $ 7,500.00 $ - $ 5,235.00 $ 2,290.35 $ 3,715.00 $ 2,500.00 $ 20,500.00 $ 41,740.35 C. DESIGN DEVELOPMENT PHASE $ 20,250.00 $ - $ 5,711.00 $ 5,702.90 $ - $ 2,500.00 $ - $ 34,163.90 D1. CONSTRUCTION DOCUMENTS
50%
$ 24,975.00 $ 3,000.00 $ 14,575.00 $ 4,008.08 $ 4,705.00 $ 10,000.00 $ - $ 61,263.08 SUBTOTAL PHASE 1 $ 59,225.00 $ 7,900.00 $ 25,521.00 $ 13,146.53 $ 8,420.00 $ 15,000.00 $ 20,500.00 $ 149,712.53 NOTES:

1. Structural fees include evaluation of building's structure (without destructive testing) but does not include changes to building to repair damages determined by structural evaluation.

2. The landscaping fee includes work up to and including Conceptual Design Phase only.

EXCLUSIONS:

The following items are excluded from the scope of work:
a. Permit and application fees if required (to be responsibility of City of Capitola) b. Lead, asbestos and/ or other hazardous material abatement, if required c. Prevailing wage documents & monitoring, if required (to be responsibility of City of Capitola) d. State or County licensing review & permitting costs
e. Construction administration meetings beyond 10
f. Any additional work not listed in the scope of services will be charged at Architect's standard hourly rates 65 Item 9 B.

APPENDIX TWO
Fees and Payments
For the services performed, City will pay consultant on a not-to-exceed, lump sum basis upon satisfactory completion of the services and delivery of work products. Payments will be issued monthly as charges accrue.

Consultant hereby represents and warrants, based upon Consultant’s independent determination of the time and labor, 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.

Expenses may 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.

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $ 149,713 (One Hundred Forty-Nine Thousand Seven Hundred Thirteen Dollars and Zero Cents), 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 a brief description of the services performed, the date the services were performed, the hours spent and by whom, and a brief description of the actual costs and expenses incurred. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. 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 Verde Design, Inc, that the charge of $ 149,713 as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated February 9, 2023 and has not been previously paid." 66 Item 9 B.

Capitola City Council
Agenda Report
Meeting: February 23, 2023
From: Public Works Department
Subject: Environmentally Sensitive Habitat Area Riparian Vegetation Planting Reimbursement Program
Recommended Action: Approve a reimbursement program to award one-time grants in an amount notto-exceed $300 per eligible applicant to plant and maintain native riparian vegetation on areas immediately adjacent to Soquel Creek and Noble Gulch, and find the project is exempt from CEQA under CEQA Guidelines Section 15333, small habitat restoration projects.

Discussion: In an effort to incentivize and promote sustainable development, water conservation, and storm water pollution prevention, the Commission on the Environment has developed and recommended the attached Environmentally Sensitive Habitat Area (ESHA) Riparian Vegetation Planting Reimbursement Program (Program) for approval by City Council.

In summary, the Program offers a reimbursement of up to $300 per parcel immediately adjacent to Soquel Creek and Noble Gulch to plant native riparian vegetation on areas. The program requires pre-approval to verify applicant eligibility for reimbursement. The applicant is responsible for all project costs above the approved reimbursement amount. Project plants must be from the approved native plantings list included in the application. All rebate funds are to be reimbursements to the approved applicant and will be dispersed after the submission of required documentation. Public Works staff will review applications and award reimbursement funds.

Staff proposes the Program be funded by Green Building Funds for FY22-23. Per Capitola Municipal Code Section 15.18.080, Green Building Funds may be used for incentive programs, materials, and supplies to promote sustainable development, water conservation, and storm water pollution prevention.

Staff will assess the program effectiveness evaluate the continuation of the program for FY23-24.

The program was drafted over several months and on February 1, 2023 the Commission unanimously recommend the City Council establish the Program and fund the program and promotional material with Green Building Funds.

Fiscal Impact: The Program will result in a maximum expense of $40,000 from the Green Building Fund.

Each of the 125 eligible parcels may apply for a maximum $300 reimbursement. The actual expense amount will depend on Program participation.

Environmental Determination: Approval of this reimbursement program is not a project under Section 15060(c)(2) of the California Environmental Quality Act ("CEQA") Guidelines because approving a grant program is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, the planting of trees and maintenance of native vegetation constitutes a small restoration of habitat and is thus exempt from CEQA pursuant to CEQA Guidelines 15333.

Attachments:

1. Environmentally Sensitive Habitat Area (ESHA) Riparian Vegetation Planting Reimbursement Program
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk;
Approved By: Jamie Goldstein, City Manager
67 Item 9 C.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
FY 22‐23 Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
Rebate Program Information
The City of Capitola (City) offers a reimbursement of up to $300 per parcel to plant and maintain native riparian vegetation on areas immediately adjacent to Soquel Creek and Noble Gulch. The landowner is responsible for all project costs above the approved reimbursement amount. Please read the eligibility criteria, terms and conditions, and project requirements below and follow the instructions carefully. Work with City staff during the development of your project to ensure that you meet all incentive requirements.

Table of Contents:

Why Restore Riparian Vegetation
Eligibility Criteria
Planting Recommendations
Checklist
Rebate Request
Terms and Conditions
Appendix A: Plant List
1 2
4 5
6 7
8 Why Restore Riparian Vegetation?
Riparian areas are vegetated areas found between aquatic and terrestrial habitats. The vegetation along streams, wetlands, and lakes can all be considered riparian
vegetation. Often the plant species found here are
adapted to living in this zone of fluctuating water
availability. Healthy riparian zones provide a variety of benefits for water quality, wildlife (both aquatic and
terrestrial), and people. These areas are distinguished as “buffers” because of the role they play in filtering
68 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
2 pollutants and absorbing flood water, as well as providing food and shelter for wildlife. More specifically, riparian zones:
• Stabilize streambanks with plant roots
• Provide corridors for migrating wildlife
• Help maintain water tables
• Play a role in terrestrial and aquatic food webs
• Provide shade to maintain water temperatures for aquatic organisms • Improve water quality by trapping sediment which can be harmful to aquatic animals • Slow flood waters, thereby protecting waterfront properties By planting native trees and shrubs in the riparian zone on your property, you are providing numerous benefits to the landscape around your property. Native species improve habitat for birds, mammals, fish and other aquatic animals, and protect the water quality of our beautiful streams.

Eligibility Criteria
• Project must be located on parcels in or immediately adjacent to ESHA adjacent to Soquel Creek and Noble Gulch.
• Applicant owns the land or has authorization to implement the project. • Project plants must be listed in Appendix A of the attached application.

69 Item 9 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 70 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
4 Planting Recommendations
Plant Selection
The City requires that riparian areas be planted with native vegetation. See Appendix A for a list of native plants based on ecosystem site and function.

Planting Densities
We recommend planting new vegetation such that, combined with existing native vegetation, the area has a plant every 64 ft2, or 8ft. spacing between plants. Smaller trees and shrubs may be planted closer together depending on species. See Appendix B for more information on specific plant species. For example, a 1,000 ft2 riparian area would have approx. 16 plants. Use a mixture of shrubs and trees.

Planting Timing and Site Preparation
A layer of mulch or straw over the planting site can also reduce the risk of erosion and suppresses weeds. Each planting location should have a 2’ to 3’ radius clear of grass and/or competing vegetation. Fall planting is favorable for sites above the seasonal highwater mark.

Spring planting is favorable for sites at risk for inundation and erosion during winter storms.

Irrigation Instructions
Hand water by buckets or hoses for smaller plantings. Use drip or micro‐spray systems for larger plantings. Water deep and infrequently to promote deep root growth. In the first 2 or 3 years, water 1 to 3 times per week. Consult plant specific information on how much water each species needs per irrigation cycle and how long to provide supplemental water.

71 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
5 Checklist
Part 1 – Pre‐application project assessment and design
☐ Obtain a signature authorization from the property owner and evidence of eligibility (Utility bill or driver's license with the property's address) ☐ Read the entire application, planting recommendations, terms and conditions ☐ Determine the plants to be planted and how to protect and water them ☐ Sign and submit this application to the City of Capitola.

Part 2 – Implementation (Can be completed by the landowner or a qualified contractor) ☐ Obtain any permits/ landscape plans necessary to complete the project. ☐ Save all receipts to submit to the City of Capitola. Copies are acceptable, ensure that receipts indicate plantings purchased are included in Appendix A Part 3 – Post‐Installation inspection and submission for rebate ☐ Provide City staff with all invoices and receipts to confirm the purchase of approve plants and total cost
☐ Submit photo of completed plantings (encouraged but not required)

72 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
6 Rebate Request
Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
Contact Information
Applicant Name(s): ______________________________________________ Address: ________________________________________________ Phone: ________________________________________________ Email: ________________________________________________ Project location (check one): ☐ Noble Gulch ☐ Soquel Creek Signatures above indicate that the Applicant has reviewed eligibility criteria, terms and conditions, and project requirements below. The Applicant also indicates that they indemnify and hold harmless the City, its officers, directors, agents and employees, against any and all losses, claims (including third‐ party claims), damages and expenses, including reasonable and necessary attorney's fees, to the extent any such losses, claims, damages and expenses are due to the acts or omissions of the Applicant, its officers, directors, agents and employees.

Authorizing Signatures
____________________________________________   _____________________________   ____________ Applicant Signature Print Name Date
____________________________________________   _____________________________   ____________ Landowner Signature (if different than Applicant)   Print Name   Date ____________________________________________   _____________________________ ____________ City Representative Signature   Print Name   Date Completion Report and Rebate Request
Total number of plants purchased:   __________    Payment Issued: __________ Rebate total: $__________                Issued By: _______________ 73 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
7 Signatures below indicate that the Applicant has completed installation of the project as outlined in this application according to the below terms, conditions, and project requirements. The City agrees to release an incentive for the above total within 30 days of the signing of this agreement. ____________________________________________ _____________________________ ____________ Applicant Signature Print Name Date
____________________________________________ _____________________________ ____________ Landowner Signature (if different than Applicant) Print Name Date ____________________________________________ _____________________________ ____________ City Representative Signature Print Name Date Terms & Conditions
• City of Capitola offers a rebate of up to $300 per eligible parcel for plant purchases on the approved plant list.
• All rebate funds are reimbursements to the approved applicant and will be paid out after the submission of required documentation.
• The amount of the rebate will not exceed the total project cost. The applicant will provide receipts and invoices for the project to demonstrate that the rebate amount does not exceed the total cost of the project. The applicant cannot include receipts dated before the application date in the total cost of the project.
• Projects must comply with any federal, state, local, or other ordinances that may apply • No rebate reimbursements will be disbursed prior to submission of required documentation as determined by City staff.
• The City does not endorse any particular manufacturer, contractor or product in promoting this program. City does not warranty any materials or services used during the implementation of this project.
• The City offers this FY22‐23 rebate program on a first come first served basis, contingent upon available funds. The approved City annual budget and City staff determine the availability of funding.

74 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
8 Appendix A: Plant Lists
Riparian Native Planting List
George McMenamin, Environmental Consultant
Discussion
This is not a complete list of native plant species indigenous to the Soquel Creek watershed.

The plants found on this native plant list are indigenous to many of the general riparian habitats found along Soquel Creek. However, some of these species are found only in specific environmental conditions related to levels of sunlight, moisture and soil type. It is recommended that plants selected fit your specific conditions.

Most will require some level of maintenance such as summer water and possibly weeding for 2‐ 4 years to get established. After that time, most will survive and flourish with minimal to no maintenance or watering required. If they are planted in the appropriate locations many of the herbaceous plants and woody shrubs will form sustainable patches and provide habitat and aesthetic value for decades, if not into perpetuity.

Large/Medium Trees (some of these may be too large for a given location) ‐ Flat areas to gentle slope
 Big‐leaf maple (Acer macrophyllum)
 Black cottonwood (Populus trichocarpa) ‐ Keep away from structures, loses branches when large
 Box elder (Acer negundo)
 California buckeye (Aesculus californica)
 Coast live oak (Quercus agrifolia)
 Coastal redwood (Sequoia sempervirens)
 Red alder (Alnus rubra)
 White alder (Alnus rhombifolia)
Small trees (prefer to be closer to water)‐ may be appropriate on the low to mid bank of a creek
 Dogwood (Cornus sericea subsp. occidentalis)
 Willow (Salix sp.)
Shrubs (prefer mixed sun and shade)
 Hazelnut (Corylus cornuta subsp. Californica)
 Snowberry (Symphoricarpos albus var. laevigatus)
 Pink‐flowering currant (Ribes sanguineum var. glutinosum) 75 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
9  Canyon gooseberry (Ribes menziesii)
 Wood Rose (Rosa gymnocarpa)
 California Rose (Rosa califórnica
Shrubs (prefer moderate sun to full sun and are evergreen)  Toyon (Heteromeles arbutifolia)
 Coffeeberry (Frangula californica)
 Blue blossom (Ceanothus thyrsiforus) – pioneer species Ferns ‐ Most of the ferns cannot tolerate full summer sun for extended periods of the day  Coastal wood fern (Dryopteris arguta) – top of the bank to the top of the bank and on flat land
 Giant chain fern (Woodwardia fimbriata) – middle to upper bank, can be partially submerged for brief periods.
 Lady fern (Athyrium filix‐femina) – low to middle of the bank, can be partially submerged for brief periods.
 Western sword fern (Polystichum munitum) – can tolerate more sun than most ferns, mid to the top of the bank and on flat
land.

Ground cover and ground dwelling native species
 Redwood sorrel (Oxalis oregana) ‐under the redwoods in mostly shade to full shade only  Sticky monkey flower (Diplacus aurantiacus) – upper bank and level ground, tolerates full sun and rocky soil
 Wood strawberry (Fragaria vesca)
 Yerba buena (Clinopodium douglasii) – partial sun to mostly shade  There are ground dwelling native cultivars of Ceanothus and Baccharis that could serve as ground cover
Herbaceous native plant species and bulbed native species  Douglas’s iris (Iris douglasiana)
 Fernald’s iris (Iris fernaldii)
 Western coltsfoot (Petasites frigidus var. palmatus)‐ flat areas close to water  California hedge nettle (Stachys bullata)
 Two‐eyed violet (Viola ocellata)
 Small‐flowered alum root (Heuchera micrantha) – mostly shade to some sun, avoid full summer sun
76 Item 9 C.

Environmentally Sensitive Habitat Area (ESHA)
Riparian Vegetation Planting Reimbursement Program
10  Fringe cups (Tellima grandiflora) ‐ mostly shade to some sun, avoid full summer sun  Artemsia douglasiana‐ wild areas only, spreads aggressively  Beeplant ‐ wild areas only, spreads aggressively
Rushes and Sedges – require some supplemental water if planted in full sunlight, unless placed close to a water source
 Spreading rush (Juncus patens) – anywhere, but full shade  Bog rush (Juncus hesperius) – prefers mostly sun to full sun  Foothill sedge (Carex tumulicola) – top of bank, flat areas, can grow in full sun to mostly shade
77 Item 9 C.

Capitola City Council
Agenda Report
Meeting: February 23, 2023
From: City Manager Department
Subject: City Council Appointments to City Advisory Bodies Recommended Action: 1) Review City Council representatives to the Santa Cruz County Children’s Network Cabinet and appoint an alternate representative to Santa Cruz County METRO Board of Directors; and 2) Appoint members of the public to the City of Capitola Arts and Cultural Commission and Financial Advisory Committee.

Background: City Council Members sit on several County and Multi-Jurisdiction boards, of which certain appointments need to be reviewed and updated. Table 1 lists the current County and Regional Board appointments, expiration dates, and next meeting dates. The Santa Cruz County Children’s Network and METRO appointments need to be reviewed and updated.

In addition, members of the public are appointed to the City’s advisory bodies for terms, some of which expired in December 2022 and will require that the Council make reappointments or new appointments for the next term. Table 2 lists the advisory bodies with current vacancies.

Discussion: Staff recommends appointments to the following County and Multi-Jurisdiction groups:

Table 1: County and Regional Boards
Board/Commission Current Council
Representative
Expiration Date Next Meeting Date
SCC Children’s Network
Cabinet
Brooks (Alt – Vacant) N/A 5/4/2023 at 3:30
PM
SCC METRO Brown (Alt. – Bertrand) Dec. 2024 2/24/2023 at 9 AM The following City advisory bodies currently have vacancies. Staff suggests making appointments to the following advisory bodies:

Table 2: Vacancies on City Advisory Bodies
Commission/Committee/Board Term (Years) Vacancies
Arts & Cultural Commission 2 1 Regular Vacancy
Finance Advisory Committee 2 1-2 Regular Vacancies – Business Rep(s).

FAC bylaws call for 1 or 2 business
representatives. Currently there are no
Business representatives appointed to FAC
Unscheduled Vacancies: vacancies occurred due to resignation, termination, etc. Regular Vacancies: terms expiring and available for appointment/reappointment.

Applications for membership on advisory bodies are accepted year-round and are valid for one year.

Members who are currently serving on advisory bodies were notified of their term expiration and asked to notify staff if seeking reappointment.
78 Item 9 D.

As a part of the advisory body appointment process, staff published a regular vacancy notice on the City website and through social media, and an unscheduled vacancy notice in the Santa Cruz Sentinel.

Attachment 1 outlines the current composition of each group, applicants seeking reappointment, new applicants, and the next meeting date for all groups with current vacancies. Attachment 2 includes the applications for appointment received on or before the printing of this agenda packet.

Fiscal Impact: None.

Attachments:

1. Advisory Body Composition

2. Advisory Group Applications and Requests for Reappointment Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
79 Item 9 D.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
Key
Applicants Seeking Reappointment
Applicants Leaving Office (Not Reapplying)
New Applicants
City Council Representatives
Arts & Cultural Commission
The Arts and Cultural Commission is composed of 5 “at large” members, 1 artist, and 1 art professional. These members each serve a two-year term. The Commission also has one representative from the Planning Commission and one representative from the City Council.

Commissioner Name Appointed Date Term Expiration
Council Member Clarke 12/8/2022 Dec. 2023
Courtney Christiansen – Planning
Commission Representative
12/8/2022 12/31/2024
Mary Beth Cahalen (At Large) 1/27/2022 12/31/2023
Laurie Hill (At Large) 1/27/2022 12/31/2023
James Wallace (At Large) 1/27/2022 12/31/2023
Kelly Mozumder (Artist) 1/12/2023 12/31/2024
Roy Johnson (Art Professional) 1/12/2023 12/31/2024
Peter Wilk (At Large) 1/12/2023 12/31/2024
Laura Orantes (At Large) N/A N/A New Applicant
Finance Advisory Committee
The Finance Advisory Committee is composed of 3 members appointed by the City Council and two business representatives who are nominated by the Capitola Chamber of Commerce and appointed by the City Council. These members each serve a two-year term. The Commission also has two representatives from the City Council.

Commissioner Name Appointed Date Term Expiration
Council Member Pedersen 12/8/2022 Dec. 2023
Vice Mayor Brown 12/8/2022 Dec. 2023
Laura Alioto (Clarke) 1/12/2023 12/31/2024
Anthony Rovai (Keiser) 1/12/2023 12/31/2024
80 Item 9 D.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
Michelle Coffman (Brooks) 1/12/2023 12/31/2024
Alexander Pedersen (Business
Rep.)
1/27/2022 12/31/2022
Alexandra Dale (Business Rep.) 1/27/2022 12/31/2022
Diana Varcados (At Large) N/A N/A New Applicant
Enrique Dolmo (At Large) N/A N/A New Applicant
Dana Massopust (At Large) N/A N/A New Applicant
Peter Wilk (At Large) N/A N/A New Applicant
Michael Lavigne (Business Rep.) N/A N/A New Applicant
81 Item 9 D.
82 Item 9 D.
83 Item 9 D.
84 Item 9 D.

Capitola City CouncilFebruary 23, 2023

Capitola City Council
February 23, 2023