Agenda packet — Capitola City Council, March 9, 2023

City of Capitola
City Council Meeting Agenda
Thursday, March 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 Closed Session – 5:30 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 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 correspondences received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

1. Roll Call and Pledge of Allegiance
Council Members 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. Proclamation declaring March 2023 as Red Cross Month

4. Report on Closed Session

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

A. Correspondence Received - Item 8B
B. Correspondence Received - Item 8C

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 1 City Council Meeting Agenda – March 09, 2023
City of Capitola Page 2
any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” section of the Agenda. Members of the public may speak for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.

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

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

A. Consider and Approve 2/23/2023 & 3/1/2023 City Council Meeting Minutes B. Capitola Bar & Grill Entertainment Permit Administrative Appeal Recommended Action: Set the hearing date and time for the Capitola Bar & Grill administrative appeal for April 13, 2023, at 6:00 PM.

C. Beach House Rentals, LLC Transient Occupancy Tax Administrative Appeal Recommended Action: Set the hearing date and time for the Beach House Rentals, LLC appeal for May 25, 2023, at 6:00 PM.

D. Ordinance Amending Capitola Municipal Code Sections 8.04.020 and 8.04.080 Recommended Action: Adopt 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.

E. Termination of Local Emergency
Recommended Action: Adopt a resolution terminating the Proclamation of the Existence of a Local Emergency due to the Worldwide Spread of the Coronavirus (“COVID-19”).

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. Consider Changes to Administrative Policy V-18: Outdoor Display of Governmental and NonGovernmental Flags on City Property Recommended Action: Approve changes to policy.

B. Fiscal Year 2023-2024 Federal Funding Requests
Recommended Action: Consider requests for Fiscal Year 2023-24 Federal Funding.

C. City Council Orientation Presentation
Recommended Action: Receive presentation and provide feedback regarding potential Administrative Policy updates.

10. Adjournment
_____________________________________________________
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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 4
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1 Moss, Julia
From: Ryan Yates <[email protected]>
Sent: Wednesday, March 8, 2023 9:32 AM
To: Moss, Julia
Cc: Keiser, Marguax; Brown, Kristen; Brooks, Yvette; Clarke, Joe; Pedersen, Alexander Subject: [PDF] Letter of Concern Regarding Capitola Bar and Grill Attachments: Personal Statement to City of Capitola.pdf Dear Honorable City Council Members and Madam Mayor,
I am writing to express my deep concern about the appeal made by Capitola Bar and Grill to have live music at their establishment. As a concerned citizen and resident of this community, I strongly support the City of Capitola's denial of the appeal.

I have attached a letter outlining my concerns, which I believe are shared by many other residents in the community and the building. The letter summarizes the reasons why live music at Capitola Bar and Grill is not only disruptive to the peace and tranquility of the community but also potentially hazardous to the physical and psychological well-being of residents.

Furthermore, I believe that the behavior of the owner towards residents who have voiced their concerns is unacceptable and a clear violation of the city's regulations on entertainment permits. The owner's intimidation tactics and disregard for the peace and quiet of non-patrons are concerning and should not be tolerated in our community.

I hope that you will consider my concerns and take action to ensure that all businesses in the area comply with the city's laws and regulations. Please let me know if there is anything else I can do to support this cause.

Thank you for your attention to this matter.

Sincerely,
Ryan Yates
831.247.7604
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1 Moss, Julia
From: Carly Bittman <[email protected]>
Sent: Wednesday, March 8, 2023 9:32 AM
To: Moss, Julia
Cc: Ed Swanson; Muscolino, Nicholas J.; Samantha Zutler; Burke, Tamar M.

Subject: RE: Appeal Filed 2/24/2023
Thank you, Julia. We would like to request a hearing date of May 25th and submit the following written comments regarding the requested hearing date:

Beach House Rentals requests that the City Council set a hearing on its appeal for May 25th. Beach House Rentals has appealed the Fee Administrator’s imposition of interest and penalties in light of Beach House Rental’s financial circumstances and taking into account potential civil judgments and criminal restitution to be paid by Beach House Rentals and/or Dede Harrington in favor of property owners in the City of Capitola. Beach House Rentals hopes to have a better understanding of these financial issues in late May 2023.

Carly Bittman
Swanson & McNamara LLP
300 Montgomery St., Suite 1100
San Francisco, CA 94104
Telephone: (415) 477-3800
Fax: (415) 477-9010
[email protected]
www.smllp.law
From: Moss, Julia <[email protected]>
Sent: Friday, March 3, 2023 1:21 PM
To: Carly Bittman <[email protected]>
Cc: Ed Swanson <[email protected]>; Muscolino, Nicholas J. <[email protected]>; Samantha Zutler <[email protected]>; Burke, Tamar M. <[email protected]> Subject: Appeal Filed 2/24/2023
Good Afternoon,
In accordance with Capitola Municipal Code Section 3.32.100, the City Council will set the time and place of the hearing of your appeal at their next regularly scheduled meeting on March 9, 2023. The agenda and staff report for this item can be found online.

If you would like to provide commentary on this item, you have options:

1. You may appear at the Council meeting (in person or via Zoom) and provide comments to the Council (March 9th at 6 PM).

2. You may submit comments in writing to me in advance of the meeting, I will distribute comments to the City Council and these comments will be made a part of the written record of this meeting.

Please do not hesitate to reach out to me with any questions. Thank you, Julia Moss
City Clerk - City of Capitola
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2 831.475.7300 x228
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Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: Consider and Approve 2/23/2023 & 3/1/2023 City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on February 23, 2023, and the special meeting on March 1, 2023.

Background: Attached for Council review and approval are the draft minutes from the regular City Council meeting on February 23, 2023, and the special City Council meeting on March 1, 2023.

Attachments:

1. 2/23/2023 Regular Minutes

2. 3/1/2023 Special Minutes
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
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City of Capitola
City Council Meeting Minutes
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
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

1. Roll Call and Pledge of Allegiance
Meeting 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. Presentations
A. Public Works Director Kahn introduced Erika Senyk, Environmental Projects Manager, and Shelon Bennett, Development Services Technician.

B. Ron Duncan and Melanie Mow Schumacher of the Soquel Creek Water District presented on the Pure Water Soquel Project and Strategic Plan.

4. Report on Closed Session
The City Council met and discussed two items on the Closed Session Agenda and took no reportable action.

5. Additional Materials - None

6. Oral Communications by Members of the Public
Judy Kessler, resident, spoke about public safety concerns at the Capitola Bar and Grill.

7. Staff / City Council Comments
Mayor Keiser commended staff and the public on the Beach Clean Up Event that took place on February 19th.

Recreation Division Manager Bryant LeBlond presented information about the "Beyond the Flood Benefit Concert" that took place on February 18th.

8. Consent Items
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City Council Meeting Minutes – February 23, 2023
City of Capitola Page 2
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. Motion to approve the Consent Calendar: Vice Mayor Brown Seconded: Council Member Clarke
Voting Yea: Mayor Keiser, Vice Mayor Brown, Council Member Brooks, Council Member Pedersen, Council Member Clarke

9. General Government / Public Hearings
A. Wharf Update and Termination of Local Emergency
Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency.

City Manager Goldstein and Public Works Director Kahn presented the staff report.

Council Member discussion included: clarification on sources and constraints on funding, community outreach, and the Memorial Plaque Program.

Public Comments: None
Motion to adopt the resolution: Vice Mayor Brown
Seconded: Council Member Pedersen
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser 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.

Public Works Director Kahn presented the staff report.

Council Member discussion included an inquiry on summer programming at the Community Center.

Public Comments: None
Motion to authorize the City Manager to execute the agreement: Council Member Brooks
Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser 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.

Public Works Director Kahn presented the staff report.

Council Member discussion included: clarification on permit requirements, community outreach, and eligibility for applicants who are members of a home ownership association (HOA).
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City Council Meeting Minutes – February 23, 2023
City of Capitola Page 3
Public Comments: Sheryl Coulston, resident, spoke in favor of the reimbursement program.

Motion to approve the reimbursement program with the amendment that HOA's can collect reimbursement for individual parcels: Council Member Brooks Seconded: Council Member Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser 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 METRO Board of Directors; and 2) Appoint members of the public to the City of Capitola Arts and Cultural Commission and Financial Advisory Committee.

Motion to make the following appointments: Vice Mayor Brown 1) Santa Cruz County Children's Network Cabinet: Council Member Brooks (Primary), Council Member Clarke (Alternate)
2) Santa Cruz County METRO: Vice Mayor Brown (Primary), Council Member Pedersen (Alternate)
3) Arts and Cultural Commission: Laura Orantes (At Large), term ending 12/31/2024
4) Finance Advisory Committee: Michael Lavigne (Business Rep.), term ending 12/31/2024
Seconded by Council Member Brooks.

Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser

10. Adjournment - Adjourned at 7:07 PM to a Special City Council Meeting on March 1, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
___________________________
Julia Moss, City Clerk
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City of Capitola
City Council Workshop Minutes
Wednesday, March 01, 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 Special Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance
The meeting was called to order at 6:03 PM. In attendance: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser.

2. Additions and Deletions to the Agenda - None

3. Additional Materials - None

4. Oral Communications by Members of the Public – None

5. Staff / City Council Comments - None

6. Consent Items
A. FY 2023-24 Budget Calendar
Recommended Action: Approve Budget Calendar for Fiscal Year (FY) 2023-24.

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

7. 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. FY 2022-23 Mid-Year Budget Report
Recommended Action: Adopt the proposed resolution amending the Fiscal Year 2022-23 Budget.

City Manager Goldstein and Finance Director Malberg presented the staff report.

Council Member discussion: None
Public Comments: None
Motion to adopt the resolution amending the Fiscal Year 2022-23 Budget: Council Member Brooks
Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser 14 Item 8 A.

City Council Workshop Minutes – March 01, 2023
City of Capitola Page 2
B. FY 2023-24 Budget Principles and Goals
Recommended Action: 1) Review progress and status of Fiscal Year 2022-23 budget goals; 2) Adopt the Fiscal Year 2023-24 budget principles; and 3) Identify goals and related key projects/programs for Fiscal Year 2023-24.

City Manager Goldstein and Finance Director Malberg presented the staff report.

Council Member discussion included suggested changes to the funding allocations in the FY 2023-24 Budget in line with the City Council's goals and priorities.

Public Comments: None
Direction provided to staff.

8. Adjournment - Adjourned at 8:02 PM to the next regularly scheduled meeting on March 9, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
___________________________
Julia Moss, City Clerk
15 Item 8 A.

Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: Capitola Bar & Grill Entertainment Permit Administrative Appeal Recommended Action: Set the hearing date and time for the Capitola Bar & Grill administrative appeal for April 13, 2023, at 6:00 PM.

Background: In accordance with Capitola Municipal Code Chapter 5.24, Capitola Bar & Grill proprietors, Michelle and Lasalle Strong (Appellant) applied for a 2023 Entertainment Permit. Capitola Municipal Code Section 5.24.080 allows the City Manager to develop application forms.

On January 31, 2023, the City Manager denied the permit application (Attachment 1). Capitola Municipal Code Section 5.24.045 allows for appeals of permit application decisions in accordance with Chapter

2.52 of the City Code. Staff received an appeal letter on February 21, 2023 (Attachment 2). The appeal letter satisfies the requirements of Section 2.52.020 of the Capitola Municipal Code.

Discussion: In accordance with Section 2.52.030 of the Capitola Municipal Code, staff recommends that the City Council set the time and place of the hearing of this appeal for April 13, 2023, at 6:00 PM.

Fiscal Impact: There is no fiscal impact associated with this report.

Attachments:

1. City Manager Letter Dated 1/31/2023

2. Appeal Dated 2/21/2023
Report Prepared By: Julia Moss, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: March 1, 2023
From: City Manager Department
Subject: Beach House Rentals, LLC Transient Occupancy Tax Administrative Appeal
Recommended Action: Set the hearing date and time for the Beach House Rentals, LLC appeal for May 25, 2023, at 6:00 PM.

Background: On December 20, 2022, the City of Capitola held an evidentiary hearing regarding the status of unpaid Transient Occupancy Tax (TOT), penalties, and interest owed to the City by Beach House Rentals, LLC (appellant).

On February 10, 2023, a letter was sent to the appellant regarding the Fee Administrator’s determination of unpaid TOT, penalties, and interest and demanded payment from the appellant.

On February 24, 2023, the City Clerk received an appeal request from the appellant’s legal counsel in accordance with Capitola Municipal Code Section 3.32.100.

Discussion: In accordance with Section 3.32.100 of the Capitola Municipal Code, staff recommends the City Council set the hearing of this appeal for May 25, 2023, at 6:00 PM.

Fiscal Impact: There is no fiscal impact associated with this report.

Attachments:

1. Appeal Dated 2/24/2023
Report Prepared By: Julia Moss, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: Ordinance Amending Capitola Municipal Code Sections 8.04.020 and

8.04.080
Recommended Action: Adopt 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: On February 23, 2023, the City Council unanimously approved the introduction of the draft ordinance to amend Municipal Code Sections 8.04.020 and 8.04.080.

Discussion: The proposed amendments corrects inadvertent omissions from a December 2021 update to Chapter 8.04 of the Capitola Municipal Code.

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

Attachments:

1. Proposed Ordinance
Report Prepared By: Julia Moss, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
42 Item 8 D.

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 43 Item 8 D.
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
44 Item 8 D.

Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: Termination of Local Emergency
Recommended Action: Adopt a resolution terminating the Proclamation of the Existence of a Local Emergency due to the Worldwide Spread of the Coronavirus (“COVID-19”).

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 Chapter 8.08 designates the City Manager as the Director of Emergency Services for the City and empowers the Director to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session.

Discussion: On March 4, 2020, the Governor of the State of California proclaimed a State of Emergency due to the presence of and threat posed by the Novel Coronavirus (COVID-19). On March 12, 2020, the City Council of the City of Capitola adopted Resolution No. 4168, proclaiming the existence of a local emergency due to the worldwide spread of COVID-19. In times of declared emergencies, the proclamation of a local emergency enables the City to more effectively respond to the emergency, potentially obtain reimbursement for the response, and ensure that City staff have the necessary tools at their disposal aimed at keeping the community safe.

For the past three years, the City of Capitola has balanced pandemic response with ongoing local government operations, scaling the emergency response focus to continuously changing public health needs in the community and/or county/state/federal mandates. In light of the termination of the Statewide state of emergency on March 1, 2023 and with vaccines and boosters widely available to the public and treatment options expanding, staff recommends the termination of the local emergency.

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

Fiscal Impact: There is no fiscal impact related to the adoption of this ordinance.

Attachments:

1. Resolution No. 4168

2. Resolution Terminating the Local Emergency
Report Prepared By: Julia Moss, City Clerk
Reviewed By: Tamar Burke, Assistant City Attorney
Approved By: Jamie Goldstein, City Manager
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CITY OF CAPITOLA

CITY COUNCIL
RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

TERMINATING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL

EMERGENCY DUE TO THE WORLDWIDE SPREAD OF THE CORONAVIRUS (“COVID-19”)
WHEREAS, on March 4, 2020, the Governor proclaimed a state of Emergency throughout California arising out of the COVID-19 Pandemic and the need for a statewide response; and
WHEREAS, in March 2020, the County of Santa Cruz Health Officer and the County of Santa Cruz Board of Supervisors both declared a local emergency arising from the COVID-19 pandemic; and
WHEREAS, Chapter 8.08 of the City of Capitola Municipal Code designates the City Manager as the Director of Emergency Services for the City and empowers the Director of Emergency Services to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and WHEREAS, on March 12, 2020, the City Council by Resolution No. 4168 proclaimed a local emergency based on conditions of extreme peril to the safety of persons and property within City resulting from COVID-19; and WHEREAS, Governor Newsom announced on October 17, 2022 that he would end the state of emergency he declared on March 4, 2020 to respond to the COVID-19 pandemic; and
WHEREAS, President Biden announced that termination of the national emergency arising out of the COVID-19 pandemic will occur on May 13, 2023; and WHEREAS, on January 31, 2023, the Governor further confirmed that the COVID-19 State of Emergency will end on February 28, 2023 as previously announced; and
WHEREAS, in ending the March 2020 State of Emergency the Governor stated and found that the October 17, 2022 announcement timeline gave the health care system needed flexibility to handle any potential surge that may occur after the holidays in January and February, in addition to providing state and local partners the time needed to prepare for this phase out and set themselves up for success afterwards; and WHEREAS, the Governor announced that hospitalizations and deaths dramatically reduced due to the state’s vaccination and public health efforts such that 48 Item 8 E.

Resolution No. 2023-xxx

Page 2 ends

“California has the tools needed to continue fighting COVID-19 when the State of Emergency terminates at the end of February, including vaccines and boosters, testing, treatments and other mitigation measures like masking and indoor ventilation.”; and WHEREAS, the Governor further stated that as a result of the operational preparedness built up and the measures that will continue to be employed moving forward, California is ready to phase out the State of Emergency; and WHEREAS, the statements by the Governor in ending of the State of Emergency are reflective of local conditions in Capitola related to the COVID-19 pandemic and that the City no longer requires the use emergency powers authorized under the City of Capitola Municipal Code and state law to obtain supplies, equipment, as needed for the protection of life or property and to authorize the City Manager to issue orders or take actions to mitigate effects of the declared local emergency.

NOW, THEREFORE, BE IT RESOLVED that based on the above facts and circumstances, the City Council of the City of Capitola hereby terminates the Proclamation of the Existence of a Local Emergency due to the Worldwide Spread of the Coronavirus (“COVID-19”), issued on March 12, 2020.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CAPITOLA this XXX day of March 2023, by the following vote:

AYES:

NOTES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
__________________________ __________________________
Margaux Keiser Julia Moss
Mayor City Clerk
49 Item 8 E.

Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: Consider Changes to Administrative Policy V-18: Outdoor Display of Governmental and Non-Governmental Flags on City Property Recommended Action: Approve changes to policy.

Background: On May 27, 2021, the City Council approved current Administrative Policy V-18: Outdoor Display of Governmental and Non-Governmental Flags on City Property. Since that time City Council has received and reviewed three flag requests from members of the public pursuant to that Policy. Two of the three were denied. On January 26, 2023, the City Council approved flying a flag this May in honor of Armed Forces Day.

On January 26, 2023, the City Council requested that staff bring potential administrative changes to Section IV: Non-Governmental Flag Procedure to Council for discussion and potential approval.

Discussion: Based on the Council request on January 26, and a review of flag policies in nearby jurisdictions, staff prepared two versions of potential policy updates. The specific changes in those drafts are:

Option 1:
 Flag requests must be sponsored and brought forward by a Council Member  The time requirement for a denied flag request to be resubmitted is one year (not six months)  Requested flags will be the same size as the City’s Government flags.

Similar requirements are currently included in the City of Scotts Valley and City of Watsonville flag policies.

Option 2
 Same as Option 1 with an additional requirement that a super-majority vote by Council is needed to approve flag requests.

The City of Watsonville currently requires a super-majority vote by Council to approve flag requests.

Fiscal Impact: None.

Attachments:

1. Redlined Flag Policy Draft – option 1

2. Redlined Flag Policy Draft – option 2
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
50 Item 9 A.

ADMINISTRATIVE PROCEDURE
Number: V-18
Issued: May 27, 2021
Revised: March 9, 2023
Jurisdiction: City Council
Outdoor Display of Governmental and Non-Governmental
Flags on City Property
I. Purpose
The purpose of this administrative policy is to establish uniform policies to govern the flying of the United States and California flags (“Governmental Flags”) on City-owned flagpoles, and the flying of flags other than the United States and California flag (“Non-Governmental Flags”) as an expression of the City’s official sentiments on City-owned flagpoles. The City’s flagpoles are intended to serve as a forum for expression by the City, and not a forum for expression by the public.

II. Applicability
The City shall regularly fly, on official, City-owned flagpoles, the flags of the United States of America and the State of California, and Non-Governmental flags pursuant to this Policy. Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or wearing or carrying a flag. City employees must comply with City policy.

III. Half-Staff
National flags and/or the California flag on City-owned property shall be flown at half-staff upon order of the President of the United States, or authorization by the Governor of California or the City Council of the City.

National and/or California flags on City-owned property shall also be flown at half-staff upon the death of:
 A City Councilmember, past or present;
 A current City employee;
 A City retiree having served the City for 25 or more years;  A public safety officer (police officer, Sheriff’s deputy, or firefighter) killed in the line of duty and employed by an agency in Santa Cruz County, San Mateo County, Santa Clara County, San Benito County or Monterey County; and
 A person whose accomplishments and contributions to the community demonstrated a significant commitment to the Capitola community, as determined by the City Manager and the Mayor.

In most of the above circumstances, flags will ordinarily be flown at half-staff as soon as practicable following the notification of a death, and for an additional 48 hours. For public safety officer line of duty deaths, the flag will fly at half-staff immediately from notification of death to sunset on the day of service/funeral.

IV. Non-Governmental Flag Procedure
51 Item 9 A.

Any person wishing for the City to display a Non-Governmental flag that is not on the “Approved NonGovernmental Flags List” below must submit a request to the City Manager’s office. The Council shall only consider a request for authorization to display a Non-Governmental flag if made by a member of the Capitola City Council. Such authorization shall be only by resolution at a regular or special meeting of the Council and approved by the affirmative vote of a majority of the Council. Requests should be submitted at least 60 days in advance of the first date on which the flag is requested to be flown. The request must include a photograph and dimensions of the flag, and the dates on which the flag is requested to be flown.

The flag dimensions shall be the same size as the City’s regular Governmental flag. The City Council shall determine whether the request will be granted, denied, or granted in part.

If the request is approved, this policy may be updated to include the approved flag, time when the flag shall be displayed, and approved flag image. If the request is not approved, it shall be deemed to have been denied and shall not be reconsidered for a period of six one year(6) months. The City Council’s determination shall be final and not subject to appeal.

Unless otherwise noted herein, or approved by the City Council, Non-Governmental flags shall only be flown at City Hall and, when raised, shall replace the flag of the State of California, not the flag of the United States.

If, while a Non-governmental flag is flying for its approved time, there is reason to fly flags at Half-Staff, the Non-governmental flag shall follow the same protocol as outlined above.

The City will take responsibility for obtaining and paying for any approved Non-Governmental Flags.

Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or wearing or carrying a flag. City employees must comply with City policy.

V. Approved Non-Governmental Flag List
The following flag(s) are approved for the following locations and time periods. The City Council may update this list at its discretion.

Flag Location Time Period Approved Flag Image
LGBTQ+ Pride
“Progress” Flag
City Hall June 1 – June 30
APPROVED: _____________________________
Jamie Goldstein, City Manager
52 Item 9 A.

IV. Non-Governmental Flag Procedure
53 Item 9 A.

Any person wishing for the City to display a Non-Governmental flag that is not on the “Approved NonGovernmental Flags List” below must submit a request to the City Manager’s office. The Council shall only consider a request for authorization to display a Non-Governmental flag if made by a member of the Capitola City Council. Such authorization shall be only by resolution at a regular or special meeting of the Council and approved by the affirmative vote of at least four members of the Council. Requests should be submitted at least 60 days in advance of the first date on which the flag is requested to be flown. The request must include a photograph and dimensions of the flag, and the dates on which the flag is requested to be flown. The flag dimensions shall be the same size as the City’s regular Governmental flag. The City Council shall determine whether the request will be granted, denied, or granted in part.

If, while a Non-governmental flag is flying for its approved time, there is reason to fly flags at Half-Staff, the Non-governmental flag shall follow the same protocol as outlined above.

The City will take responsibility for obtaining and paying for any approved Non-Governmental Flags.

V. Approved Non-Governmental Flag List
The following flag(s) are approved for the following locations and time periods. The City Council may update this list at its discretion.

Flag Location Time Period Approved Flag Image
LGBTQ+ Pride
“Progress” Flag
City Hall June 1 – June 30
APPROVED: _____________________________
Jamie Goldstein, City Manager
54 Item 9 A.

Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: Fiscal Year 2023-2024 Federal Funding Requests Recommended Action: Consider requests for Fiscal Year 2023-24 Federal Funding.

Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
55 Item 9 B.

Capitola City Council
Agenda Report
Meeting: March 9, 2023
From: City Manager Department
Subject: City Council Orientation Presentation
Recommended Action: Receive presentation and provide feedback regarding potential Administrative Policy updates.

Background/Discussion: The City Manager, City Attorney, Assistant to the City Manager, and City Clerk will present on general City Government topics including:
 Council/City Manager Form of Government
 City Manager & Staff Responsibilities
 Council Conflicts
 Code of Conduct & Current Applicable Administrative Policies  Parliamentary Procedure
 Agenda Format & Meeting Structure
 Potential Administrative Policies
 Council Member Questions
Attachments:

1. Admin Policy I-18: Council and Committee Use of Social Media

2. Admin Policy I-31: City Council Abstentions

3. Admin Policy I-35: Proclamation Procedure

4. Admin Policy I-42: Council & Board Code of Conduct
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
56 Item 9 C.

ADMINISTRATIVE POLICY
Number: I-18
Issued: June 27, 2019
Jurisdiction: City Council

ELECTED/APPOINTED OFFICIALS & SOCIAL MEDIA
I. PURPOSE
The purpose of this policy is to provide guidance for the appropriate use of social media by elected and appointed City of Capitola officials, and members of City committees subject to the Brown Act. The policy will also outline the proper response if elected/appointed officials and Brown Act committee members use social media inconsistently with this policy.

The First Amendment of the United States’ Constitution defines every citizens’ freedom of religion, speech, press, assembly, and petition. Under this amendment, the exercise of free speech, including on social media outlets, is protected. All Capitola Officials are entitled to this right, and this policy does not revoke it.

II. DEFINITIONS
A. Social Media: an online forum or communication tool that enables individuals to create online communities to share information, messages, images and other content.

B. Quasi-Judicial/Administrative Decisions: “occurs when a) a hearing is held to apply a rule or standard to an individual person, project or circumstance; c) it involves the taking of evidence; d) it results in the rendering or a written decision issued by the hearing officer or tribunal (including adoption of findings); and e) the written decision is based on the facts and arguments submitted at the hearing”.

These types of hearings affect individual properties or parties.

1. Examples: Planning Commission decisions on project applications C. Legislative Decisions: Actions include “adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations”. These types of hearings establish public policy and rules that apply to groups of property or people.

1. Examples: Zoning Code updates, Ordinance adoption, changes in policy, approval of the budget, etc.

D. Ex-Parte Communication: any material or substantive oral or written communication with a decisionmaker that is relevant to the merits of an adjudicatory proceeding, and which takes place outside of a noticed proceeding open to all parties to the matter (Gov. Code 11430.10)
III. SOCIAL MEDIA USE
Utilizing social media outlets can be useful for elected/appointed officials to engage with the public and present City information. For the purposes of this policy, a social media post includes the creation of any content; either new or linked to another’s, on all social media 57 Item 9 C.
platforms. This includes and is not limited to; information posted on your own social media account in picture or text form, commenting on other posts, re-posting or sharing content by other social media users, liking other’s posts, etc. Regardless of username, elected and appointed officials are accountable for their online behavior. Social Media Accounts under private names or dissociated from the City could still come under scrutiny if they are run by an elected or appointed official. For example, Facebook accounts with usernames “Jane Doe” and “Mayor Jane Doe” should both be managed in accordance with this policy. This policy will outline the best practices that should be considered so that all Officials use social media expression in positive ways and avoid potential liability for the City or themselves.

IV. BEST PRACTICES WHEN POSTING ON SOCIAL MEDIA
The chart below (section VII) is designed for easy reference to demonstrate the different levels of appropriate and inappropriate social media engagement. Consequences of writing and posting certain types of content are simply stated in the second row, so that Officials understand their responsibilities after engaging in such types of social media engagement. As an elected or appointed official, you will be called upon to render decisions that affect the City of Capitola, and it is important to remain mindful of how online communication regarding these decisions will be perceived. Because the type of decisions (quasi-judicial vs. legislative) varies, their content type should be considered when posting about them on social media.

A. Keep it Neutral: Use caution when expressing yourself online. This is a permanent, public record that may preserve your thoughts on a subject that ends up coming in front of the City for a decision. Neutrality can be the easiest way to avoid later recusal and preserve your reputation as an impartial, unbiased decision maker.

B. Keep it Equal: Treat City Business in a similar way online. This is another way to preserve your neutrality for future decisions.

V. ISSUES WHEN POSTING ON SOCIAL MEDIA
Particularly when related to quasi-judicial decisions, social media content posted by elected or appointed officials can be problematic. Online conversation can also easily lead to Brown Act Violations.

A. Showing Bias on Quasi-Judicial Hearings: Elected and appointed officials are obligated to remain neutral and unbiased regarding quasi-judicial matters prior to their vote on the matter. Officials should use caution when expressing themselves, in all types of communication including on social media outlets, to remain unbiased.

B. Using Social Media to Gauge Public Opinion: Communicating online about specific upcoming City decisions may result in valuable resources such as public opinion and community input, which then is left out the public record unless action is taken to disclose it. Purposefully gathering information on quasi-judicial decisions prior to their respective public hearings negates the inherent neutrality of a public hearing; where all information is heard at one time and decisions are made based upon the facts and opinions presented in that public forum.

C. Conversing with Other Officials Online: The Brown Act dictates much of elected and appointed officials’ behavior both during and outside of public meetings.

Online conversation between multiple elected and appointed officials should not relate to quasi-judicial matters.
58 Item 9 C.

1. Ralph M. Brown Act & Serial Meetings: The general point of this California State Law is that “California legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly." A serial meeting, expressly prohibited by the Brown Act, is when multiple members of Council or Committee engage in conversation regarding a quasi-judicial matter outside of a duly noticed public meeting. Serial Meetings can occur between elected or appointed officials when two or more comment, post, or engage in online conversation regarding City business. This type of social media use will put officials in violation of the Brown Act.

VI. TYPES OF SOCIAL MEDIA POSTS
Acceptable Potentially
Acceptable
Discouraged Against Policy
Action • Sharing Citycreated social
media posts
• Sharing content
regarding
legislative
proceedings, City
policy, budget and
events
• Posting selfcreated content
regarding
legislative
proceedings, City
policy, budget and
events
• Sharing or posting
content regarding
quasi-judicial City
matters in a
consistent fashion.
• Treating
individual quasijudicial matters
differently. For
example, only
sharing content
related to selected
development
projects and not
others.
• Expressing
personal opinions
on quasi-judicial
matters, prior to
voting
• Violations of the
Brown Act
Remedy • No additional
action
• Ex-parte
Communications
must be submitted
to the City for
inclusion in the
record
• Ex-parte
Communications
must be
submitted to the
City for inclusion
in the record
• Official may need
to recuse from
voting
• Ex-parte
Communications
must be submitted
to the City for
inclusion in the
record
• Official must
recuse from voting
59 Item 9 C.

ADMINISTRATIVE PROCEDURE

Number: I-31
Issued: March 14, 2013
Jurisdiction: City Council
City Council Abstentions
I. PURPOSE
The purpose of this procedure is to set forth consistent procedures concerning City Council abstentions.

The Fair Political Practices Commission (FPPC) has adopted a process for determining when an official must disqualify him or herself from participating in a decision. These regulations state that Council Members are prohibited from participating in governmental decisions that may have a material financial effect on their economic interests, including the economic interest that every public official has in his or her personal finances.

II. POLICY
Each Council Member in attendance at a Council meeting has a responsibility to vote on each item presented to Council for action. It may be tempting to abstain because of concerns about making an unpopular decision or simply not knowing which decision is best. As hard as some decisions are, making decisions is what you were elected to do. Decisions made should reflect the views of every voting elected official who can participate in the decision. Responsibility is a key component of ethical behavior. Attending and being prepared for meetings is a major element of an elected official’s responsibilities and hence, ethical behavior. So is voting in general.

III.PROCEDURE
If a member of the Council has any legitimate basis for not voting on a particular item other than that set by FPPC the Council Member may abstain from voting by complying with the following procedures:

A. It shall be the practice of the Councilmembers to vote on items that are placed on the agenda for consideration if the Councilmember has no conflict of interest. Councilmembers shall not abstain simply to avoid casting a controversial vote.

B. If a Councilmember has any legitimate basis for not voting on a particular item, the Councilmember may abstain from voting by complying with the following procedures:

1. During the Council meeting, and prior to the vote on the item being considered, the Councilmember shall announce the intention to abstain from voting on the item, and disclose the basis for abstention in sufficient detail to be understood by the public.

Examples of legitimate bases for abstention include:
a. The Councilmember does not have sufficient information regarding the item under consideration (for example, the item was previously considered by the Council in the member’s absence, and the Councilmember did not have an opportunity to review the record of Council’s previous consideration). b. The Councilmember is concerned about the perception of personal or financial conflict even if there is no reasonable good faith belief of a required disqualification (e.g., an effect on the financial interest of a relative [other than a spouse or dependent of the Councilmember).
60 Item 9 C.

Administrative Procedure I-30
City Council Abstentions Policy

Page 2 of 2 ends

C. It is inappropriate for a Councilmember to participate in a City Council debate, ask questions, express opinions and then abstain from voting.

D. Any Councilmember who abstains from voting on an item shall be counted as a member of the quorum of the City Council, and the member shall be counted as going along with the vote of the majority of those members voting on the item; provided, however, that Councilmember shall not be entitled to make a motion or make a second on the item, and that Councilmember shall not be entitled to make a motion for reconsideration. (As an example of counting votes of abstention:
(a) 2 yes, 2 no, and 1 abstain would fail; (b) 2 yes, 1 no, and 2 abstain would pass; (c) 2 yes, 2 no, and 1 recuse would fail; and (d) 2 yes, 1 no, and 2 recuse would pass).

Note: If a Council Member has reservations regarding potential abstentions it is recommended that he or she contact City Attorney for assistance as early as possible prior to the meeting.

Approved and authorized by the Capitola City Council at its meeting of February 28, 2013. _________________________
Jamie Goldstein, City Manager
61 Item 9 C.
62 Item 9 C.
63 Item 9 C.

ADMINISTRATIVE POLICY
Number: I-42
Issued: September 10, 2020
Jurisdiction: City Council

CITY COUNCIL AND COMMISSIONER

CODE OF CONDUCT
Table of Contents

1.0 Preamble .............................................................................................................................. 1

2.0 Core Values.......................................................................................................................... 1

3.0 Setting a Higher Standard within the Existing Framework ................................................. 2

4.0 Transparency in decision making. ....................................................................................... 2

4.1 Public Meetings................................................................................................................ 2

4.2 Council Communications & Serial Meetings................................................................... 2

4.3 Closed Session Discussions. ............................................................................................ 3

4.4 Closed Session Materials. ................................................................................................ 3

5.0 Fairness of Process............................................................................................................... 3

5.1 Decisions on the Merits.................................................................................................... 3

5.2 Disclose Information........................................................................................................ 3

5.3 Consider All Sides............................................................................................................ 4

5.4 Decorum........................................................................................................................... 4

5.5 Attentiveness. ................................................................................................................... 4

6.0 Ethical Decision Making...................................................................................................... 4

6.1 Avoiding the Appearance of Impropriety. ....................................................................... 4

6.2 Ethical Principles to Follow. ............................................................................................ 5

6.2.1 Avoid Personal Interests. .......................................................................................... 5

6.2.2 No Personal Gain. ..................................................................................................... 5

6.2.3 City Stationery. ......................................................................................................... 5

6.2.4 Appearing before Council......................................................................................... 5

6.2.5 Gifts........................................................................................................................... 5

7.0 Efficiency and Accountability ............................................................................................. 5

7.1 Members Should Not Interfere with Operations. ............................................................. 6 64 Item 9 C.

7.2 Interaction of Members. ................................................................................................... 7

7.2.1 Positions of Mayor and Chairperson......................................................................... 7

7.2.2 At Public Meetings ................................................................................................... 7

7.2.3 Relations with Fellow Members............................................................................... 8

7.2.4 Public Communication and Appearance................................................................... 8

8.0 Enforcement......................................................................................................................... 9

8.1 Member Responsibility. ................................................................................................... 9

8.2 Council Authority............................................................................................................. 9

8.2.1 Training and Education............................................................................................. 9

8.2.2 Councilmembers. ...................................................................................................... 9

8.3 Violation of Oath of Office. ........................................................................................... 10

8.3.1 Oath of Office. ........................................................................................................ 10

8.4 Violation of Protocols. ................................................................................................... 10

8.4.1 Complaint................................................................................................................ 10

8.4.2 Investigation............................................................................................................ 10

8.4.3 Enforcement............................................................................................................ 10 APPENDIX A – LEGAL FRAMEWORK & RESOURCES....................................................... 13 APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS ................................. 15 APPENDIX C – Receipt of Code of Conduct .............................................................................. 17 65 Item 9 C.
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1.0 Preamble
The Capitola City Council declares that citizens of the City of Capitola are entitled to have fair, open, ethical, efficient and accountable local government and that City officials should continually strive to earn the public’s confidence. Toward that end, these Protocols establish higher standards of conduct for members of the City Council and members of City boards and commissions (collectively “Members”) than are currently required under the laws of the State of California.

The Members pledge to hold themselves and other Members responsible for observing the standards set forth in these Protocols, and to enforce these Protocols when necessary to preserve the integrity of City government.

2.0 Core Values
Responsibility
• I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• I will keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit
• I will avoid and discourage conduct which is divisive or harmful to the best interests of Capitola
• I make decisions based on the merits of an issue, including research and facts. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

Integrity
• I am honest with my fellow City officials, City staff, members of the community, and others.
• I promote equity and non-discrimination in public agency decision-making. • I encourage diverse public engagement in our decision-making processes and support the public’s right to know.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my actions as a City Official Respect/Value others
• I recognize the worth and dignity of individual members and appreciate their individual talents, perspectives and contributions; value in others. • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. 66 Item 9 C.
- 2 -
• I help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential. • I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff.

Accountability
• I am prepared to make decisions when necessary for the public’s best interests, whether those decisions are popular or not.
• I do not make promises on behalf of the City without concurrence from the City Council at a duly noticed public meeting.
• I take responsibility for my actions, even when it is uncomfortable to do so. • I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.

3.0 Setting a Higher Standard within the Existing Framework By adopting these Protocols, the Council intends to supplement and not to supersede California’s existing legal framework applicable to local governments. Similarly, the Council intends that these Protocols will not merely restate existing legal obligations but will establish a higher standard of conduct for Members in the governance of the City.

Members are referred to Appendix “A” (Legal Framework & Resources) for pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability of the legal framework.

4.0 Transparency in decision making.

Transparency in decision making is of the utmost importance in maintaining ethical, representative local governance. Toward that end, Members will adhere to the following standards:

4.1 Public Meetings.

Members will hold public meetings in accordance with the Ralph M. Brown Act (the “Brown Act”). Members will seek guidance from the City Attorney as to the Brown Act requirements and will apply those provisions conservatively in favor of the public’s right to participate in public decisions.

4.2 Council Communications & Serial Meetings.

Members will not engage in “serial meetings” with colleagues – a discussion of City issues among a majority of Councilmembers or Commissioners either collectively (i.e. all meeting together) or in a sequence (A talks to B who talks to C). Members 67 Item 9 C.
- 3 -
will not use other persons as intermediaries to accomplish a serial meeting or to circumvent the Ralph M. Brown Act.

4.3 Closed Session Discussions.

As part of a properly agendized meeting, Members may only hold sessions closed to the public, pursuant to the advice of the City Attorney, in accordance with the commonly accepted interpretation of Brown Act requirements. Discussions held in closed session are to be directly limited to the matter at hand. Such discussions, along with materials reviewed, are confidential and shall not be disclosed except as the City Attorney may advise.

4.4 Closed Session Materials.

Confidential materials provided in preparation for and during closed sessions must be returned to the City Attorney at the conclusion of the closed session.

5.0 Fairness of Process
Members will comply with the meeting and hearing procedures set forth by these protocols, the Brown Act, and Rosenberg’s Rules of Order. Additionally, in order to cultivate an environment of fairness and to encourage public confidence in City decisions, Members will adhere to the following standards of conduct:

5.1 Decisions on the Merits.

Members will base their decisions on the facts and merits of each matter, not upon personal or other biases, and will strive to make decisions that are in the best interests of the community as a whole.

5.2 Disclose Information.

Prior to any deliberations on a project or matter at a public meeting, Members shall publicly disclose information about the matter that they have obtained from sources, not presented in the staff report (e.g. their own site visit, from the public, from the applicant, etc.), which may influence their decision or that of Members.

Remain neutral on quasi-judicial hearings. A quasi-judicial hearing occurs when; a) a hearing is held to apply a rule or standard to an individual person, project or circumstance;
b) it involves the taking of evidence;
c) it results in the rendering or a written decision issued by the hearing officer or tribunal (including adoption of findings); and 68 Item 9 C.
- 4 -
d) the written decision is based on the facts and arguments submitted at the hearing.

Elected and appointed officials are obligated to remain neutral and unbiased regarding quasi-judicial matters prior to their vote on the matter.

5.3 Consider All Sides.

Members should consider the various viewpoints related to a project or matter and afford project applicants and interested persons an adequate opportunity to comment upon a project or matter before action is taken.

5.4 Decorum.

To ensure the fairness and integrity of the deliberative process, the presiding officer should preserve decorum and conduct meetings in an orderly manner.

Members should remain attentive of the business at hand and conduct themselves in a manner that is civil, polite and respectful. Members should refrain from unnecessarily interrupting speakers and not engage in abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City staff and/or the public.

5.5 Attentiveness.

Members should remain attentive at meetings. Members should not make or receive phone calls, text messages or e-mails from the dais. Members should place cellphones and other communication devices in “off” or “silent” mode.

Members should refrain from side-bar conversations with other Members while at the dais.

6.0 Ethical Decision Making
Members should observe the highest standards of ethical conduct in dealing with the community and carrying out their official duties. In every action and decision, Members should avoid even the appearance of impropriety and apply the guidelines for “Making Ethical Decisions” provided below:

6.1 Avoiding the Appearance of Impropriety.

6.1.1 Make Ethical Decisions. Members are referred to Appendix “B” (Guidelines for Making Ethical Decisions) for the process Members are encouraged to utilize in making City related decisions.

6.1.2 You May Need to Refrain from Participating. Conflict-of-interest issues are complex. Some situations are not “legal” conflicts of interest but may nevertheless pose the “appearance of impropriety” to the public. If a Member believes they have a conflict, the Member should contact the City 69 Item 9 C.
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Attorney or FPPC for advice as soon as possible. The Member should not participate in any matter in which they have a conflict.

6.1.3 Get Help. To assist in making a decision not to participate, Members should consult the guidelines for Making Ethical Decisions (below), the City Attorney or the FPPC helpline, and/or their constituents.

6.2 Ethical Principles to Follow.

6.2.1 Avoid Personal Interests.

Members are prohibited from using their official positions to influence decisions in which they have a personal financial interest, are members of an interested organization, or have a personal relationship that would be affected.

6.2.2 No Personal Gain.

Members shall not take advantage of, or use, public property and equipment, public services, confidential public information, public resources, or other opportunities afforded by their office, for personal gain.

6.2.3 City Stationery.

City letterhead or stationery or other City resources may not be used by Members to promote personal interests.

6.2.4 Appearing before Council.

Members shall not appear before the City Council or other City board or commission representing any private interest or community group.

Members are permitted to speak as a member of the public on any matter related solely to the Council Member’s personal interest but may not participate in the matter as a Member.

6.2.5 Gifts.

Members will refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, or the appearance that they are independent and unbiased.

7.0 Efficiency and Accountability
The City of Capitola operates under a council-manager form of government under which the Council’s role is to provide legislative direction, set City policy and monitor its implementation. The City Manager serves as the City’s administrative head and is 70 Item 9 C.
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responsible for directing the day-to-day operations of the City and for administering all City business.

7.1 Members Should Not Interfere with Operations.

Implementing this Rule:
a) City Manager is responsible for City Personnel Members will not interfere with the appointment, evaluation, discipline, or removal by the City Manager of any Department Head or employee of the City. (i) Exception – City Attorney. The City Attorney is hired, appointed, evaluated, and removed directly by the Council. b) Orders and Direction to Employees. Only the City Manager or applicable Department Head may give orders and direction to City employees. Members may not direct the work or actions of City employees. (CMC Section 2.08.090)
(i) Requests for Information. All Members should direct requests for information, research, or reports to the City Manager or applicable Department Head. If there is a legal question it should be directed to the City Attorney. Questions regarding elections and disclosure statements may be addressed to the City Clerk.
(ii) Responses. Substantive responses to Member’s information inquiries will be provided to all Members of the legislative body (e.g. a response to a request by a Councilmember will be provided to all Councilmembers).
(iii) Notifications. Where the City Manager or Department Head provides general facts or information about the City, a program, or a City event to one Member, the information should be provided to all Members of the legislative body. c) Staff Liaisons to City Commissions / Committees and Outside Agencies. Members serving as the City’s representative to a City Commission or Committee or to an outside agency may interact directly with the City employee assigned to that effort by the City Manager.
d) Operations and Service Levels. Criticisms of City operations and service levels may be made only to the City Manager and not to City employees or Department Heads, unless first cleared through the City Manager or expressed in general during a regular Council, board or commission meeting.
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e) Political Solicitation & Activities. Members will not solicit political support from City employees (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.). Members will not engage in political activities at City Hall or other City facilities. This provision is not intended to impair the free exercise of federal and state constitutional and statutory rights by City employees.

7.2 Interaction of Members.

7.2.1 Positions of Mayor and Chairperson.
a) Honorary Presiding Officer. The positions of Mayor and Mayor Pro Tempore on the City Council and the positions of chairperson and vice chairperson on City boards and commissions are generally considered honorary and ceremonial, but also serve an important procedural role as the presiding officer at meetings of their body.

Persons appointed to those positions by a majority of their council, board or commission serve at the pleasure of their appointing body. b) Maintain Order, Decorum & Procedure. The Mayor and chairperson are responsible for maintaining order and decorum of their body’s meetings and enforcing these policies where necessary. They are responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion.
c) Ceremonial Head. The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries.
d) Spokesperson. The Mayor is the official spokesperson for the City and has the primary responsibility for communications with the press and public on official City business, with the exception of a state of emergency. During a state of emergency, the Director of Emergency Services may serve as the primary contact for the public, other governing officials and the press. The Mayor will work on press releases and statements to the press with the City Manager and will report the majority position adopted by the Council, and not his or her personal opinion on matters.

7.2.2 At Public Meetings
a) Follow Rules of Order, Decorum and Procedure. Members should adhere to the rules of order, decorum and procedure for the conduct of public meetings adopted by the City Council from time to time.

Abiding by these rules will maintain civility and the orderly conduct of business.
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b) Keep Conduct Professional. Members should conduct themselves in an orderly, professional, and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly. c) Keep Comments On-Topic. Public meetings are to attend to and resolve City business. Members should avoid being overly repetitious and should endeavor to limit their comments to the subject matter at hand. Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates. d) Ask Questions in Advance. When preparing for public meetings, Members are encouraged to provide their questions far enough in advance to the City Manager or City employee responsible for the meeting so that meaningful information and responses can be shared at the meeting.

7.2.3 Relations with Fellow Members
a) Civility. Members should always practice civility. By doing so, Members help the City to fulfill its potential by putting the common good ahead of personal rivalries or irritations. Civility is best fostered by a collective commitment to following established rules of procedure.
b) Different Points of View. Members should exercise tolerance for the different opinions, perspectives, and points of view of their colleagues and recognize their right to express these views on matters of City business within the established rules of decorum and order of business.
c) Managing Conflict. Members should manage disagreement with civility and professionalism and not allow disagreement to turn into open conflict or hostility. Members should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City employees and/or members of the public.

7.2.4 Public Communication and Appearance
a) Personal versus City Positions. It is an important part of each Member’s responsibility to communicate with the public. In communications regarding City business, it is important to distinguish a Member’s personal views and opinions and the adopted City position. When appearing before another governmental agency or organization, the Member should clearly set forth the City’s official position, and then may express their own position.
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(i) Expressing Dissent. Each Member has a right under the First Amendment to express their views and opinions, even if
contrary to the official position of the City. However, Members should express their dissenting views with tact and civility. b) Use of Official Titles. Members may use their official title only when conducting official City business, for informational purposes, or as an indication of background and expertise, after having carefully considered whether they are exceeding or appearing to exceed their authority.
c) Response to Public Communication. Members are encouraged to respond promptly to letters, telephone calls, electronic communication, and other communications received from member of the Public who have requested a response. Members are not required to respond to commercial solicitations or to anonymous, obnoxious or harassing communications.

8.0 Enforcement

8.1 Member Responsibility.

Upon assuming office each Member shall sign a statement affirming that they have received and reviewed these Protocols. Each Member is responsible for adhering to these Protocols as well as the laws that comprise the basic legal framework for local government.

8.2 Council Authority.

The City Council has authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.

8.2.1 Training and Education.

The City Council may sponsor or require periodic training opportunities for Members to become more familiar with the Protocols and the legal framework (See Appendix “A”).

8.2.2 Councilmembers.

Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 8.4.3, a majority of the Councilmembers may remove a Councilmember from all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council. 74 Item 9 C.
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8.3 Violation of Oath of Office.

8.3.1 Oath of Office.

All Members take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law.

8.4 Violation of Protocols.

8.4.1 Complaint.

Where any Board or Commission Member, Councilmember, City employee, or resident of the City believes that a Member has violated these Protocols or their Oath of Office, they may file a written complaint with the City Clerk who will then provide it to the City Manager and City Attorney. The complaint shall be considered confidential until the City Attorney has determined the appropriate next action.

8.4.2 Investigation.

Within thirty (30) days of receipt of a Complaint as provided in Section

7.4.1., the City Manager and City Attorney shall review the complaint. If, in the City Attorney’s determination, the complaint alleges a violation of law, the City Attorney shall determine appropriate next steps.

For example, a complaint alleging theft of public funds or bribery, or a complaint from a purported whistle-blower (pursuant to California Labor Code Section 1102.5) may be forwarded to the Office of the District Attorney. Complaints alleging other violations of the law may be forwarded to the City’s risk-management pool for a determination. The City Attorney shall have the authority to retain an outside investigator to investigate complaints from employees alleging violations of the Fair Employment and Housing Act.

All complaints, including complaints alleging violations of these protocols and any other City policy or procedure, at the appropriate point in the process as determined by the City Attorney shall be forwarded to the City Council for consideration in open session. The City Council may order an investigation.

8.4.3 Enforcement.

The City Council may use any of the following to respond to any and all violations of these protocols: (i) a warning (ii) a written reprimand; or (iii) censure. In addition, the City Council shall have the authority to remove 75 Item 9 C.
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Board or Commission Members from office as a remedy for violations. (CMC 2.12.020 for Planning Commissioners).

The City Council, Boards and Commissions shall use the following procedure to consider complaints forwarded by the City Attorney:
a) Receipt of Complaint. Upon receipt of the complaint, the Council will hold a public meeting at which it will determine whether the complaint should be dismissed for the reasons stated in section b)(i), below, or added to a future agenda for further discussion and determination. if the complaint is added to a future agenda, the subject Member shall have the opportunity to address the allegations in the complaint at the future meeting.
b) Determination. The Council shall make a determination on the allegations in the complaint based on the following:
(i) Dismissal. Where the Council determines that no violation occurred or that only a trivial violation occurred, or that the complaint does not have merit for any other reason, the Council may dismiss the complaint.
(ii) Reprimand. The Council may adopt a verbal or written statement reprimanding the subject Member for their conduct.

The subject Member may file a rebuttal to the Reprimand with the City Clerk which will become a matter of public record. (iii) Censure. Where the Council, based on the Report, any statement from the subject Member, and other evidence
accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of these Protocols, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the subject member by condemning their actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting them if they hold a position of mayor, mayor pro tempore, chairman or vice chairman, stating that the violations shall cease, and
demanding corrective actions. The subject Member may file a rebuttal to the Censure with the City Clerk which will become a matter of public record.
c) Commissioner and Board Member Removal from Office.
(i) Planning Commissioner - Notwithstanding any of the
provisions in this Section 9.0, the City Council may remove a 76 Item 9 C.
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Planning Commissioner by following procedure in CMC
Section 2.12.020. Nothing in these Protocols affects or diminishes such power nor vests Planning Commissioners
with any additional rights, including, without limitation, rights of procedural due procession.
(ii) Other Commissioners and Board Members - Notwithstanding any of the provisions in this Section 9.0, the City Council may remove any commissioner or board member appointed by the City Council. Nothing in these Protocols affects or diminishes such power nor vests such commissioners or board members with any additional rights, including, without limitation. 77 Item 9 C.
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APPENDIX A – LEGAL FRAMEWORK & RESOURCES

1.0 Legal Framework
Law or Regulations Citation
California Laws
California Constitutions Article XI §§ 2, 5, 7, & 11.

General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.

Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.

Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.

Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.

Conflicts, Disclosures & Campaigns
Legally Required Participation 2 Cal. Code Regs. §18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq., Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices
City of Capitola Documents
City’s Charter
City Municipal Code
City Council Rules of Order and Protocols
Reimbursement Policy
Social Media Policy
Handbook
Anti-Harassment and Ethics Training
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2.0 Online Resources
Resource Web Address
State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.ca.fppc
Conflict of Interest Info
Cal. Attorney General www.ag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Cal. Joint Powers Insurance Authority www.cjpia.gov
Risk Management & Training
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making
Institute for Local Self Government www.ilsg.org
Government Ethics
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APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS
[Please visit the Markkula Center for Applied
Ethics at the University of Santa Clara]
How to Make an Ethical Decision. When presented with an opportunity to participate in making a decision for the City, the City Official should:

A. Recognize whether an ethical issue is involved.

1. Will the decision result in damage or injury to people?

2. Is there a clear good or bad result?

3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?

4. Ethical decisions are often not the easiest decision nor the most popular.

B. Get the facts.

1. Read the staff report and get questions answered by the City Manager in advance.

2. Are there alternatives that would lead to better or worse results?

3. What are the viewpoints of the stakeholders? Are some more important than others?

4. Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:

1. Produce the most good and do the least harm? (See the Markkula Center’s Utility Test.)
a. Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions. b. For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c. Select the action in the current situation that produces the greatest benefits over costs for all affected.
d. Ask what would happen if the action were a policy for all similar situations.

2. Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)
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a. Identify the right being upheld or violated.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.

3. Treat people equally or proportionately? (See The Markkula Center’s Justice Test.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process to decide the issue.

4. Best serve the community as a whole. (See The Markkula Center’s Common Good Test.)
a. Identify what parts of the common good are involved. b. Explain obligations to promote or protect the common good. c. Discern whether the proposed action conflicts with an obligation to promote or protect the common good.

5. Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a. Will the action help to make you the kind of person you want to be? b. Will the action fit the City’s reputation or vision of what it would like to be?
c. Will the action maintain the right balance between excellence and success for the City?
D. Make a decision and test it.

1. Which approach best suits the situation and arrives at the most ethical decision?

2. Which option is likely to be most respected by the Member’s colleagues and constituents?
E. Act and reflect on the outcome.

1. How can the decision be implemented to best reflect the intention and reasons for the decision?

2. What was the end result of the decision and what feedback has the City Official received?
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APPENDIX C – Receipt of Code of Conduct
I affirm that I have read and that I understand, accept and support the City of Capitola City Council and Commissioner Code of Conduct
____________________________________________________________________ Board, Commission, Committee Position
____________________________________________________________________ (Print Name)
____________________________________________________________________ Signature
____________________________________________________________________ Date
82 Item 9 C.

Capitola City CouncilMarch 9, 2023

Capitola City Council
March 9, 2023