Capitola City Council
April 13, 2023

REVISED 4/12/2023 2:45 PM
City of Capitola
City Council Meeting Agenda
Thursday, April 13, 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 – 5:15 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.

1. CONFERENCE WITH LABOR NEGOTIATORS (Gov’t Code § 54957.6) Negotiator: Chloe Woodmansee, Assistant to the City Manager Employee Organizations: Mid-Management Employees
Regular Meeting of the Capitola City Council – 6 PM
All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

1. Roll Call and Pledge of Allegiance
Council Members Yvette Brooks, Joe Clarke, Alexander Pedersen, Kristen Brown, and Mayor Margaux Keiser.

2. Additions and Deletions to the Agenda
A. Item 9A has been pulled from the April 13, 2023, City Council agenda by staff.

B. Item 9B has been pulled from the April 13, 2023, City Council agenda by staff.

3. Presentations
Presentations are limited to eight minutes.

A. 2022 Oral Health Report - Dientes Community Dental
B. Proclamation in honor of Woodworm Party Supply's 50th Anniversary

4. Report on Closed Session

5. Additional Materials
Additional information submitted to the City after distribution of the agenda packet. 1 City Council Meeting Agenda – April 13, 2023
City of Capitola Page 2
A. Correspondence Received - Item 9A
B. Correspondence Received - Item 9B

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

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

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

A. Consider and Approve 3/23/2023 City Council Meeting Minutes B. Completion of the 41st Avenue Traffic Signal Coordination Project Recommended Action: 1) Accept as complete the 41st Avenue Traffic Signal Coordination Project as constructed by Bear Electrical Solutions at the final cost of $747,012; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $39,316 as prescribed in the contract.

C. Completion of the Clares Street Traffic Calming Improvement Project Recommended Action: 1) Approve Contract Change Order #2 in the amount of $75,968; 2) accept, as complete, the Clares Street Traffic Calming Improvement Project constructed by the McKim Corporation; 3) authorize the City Clerk to file and record a Notice of Completion; and 4) authorize the release of the contract retention of $62,271 as prescribed in the contract.

D. Officer Wellness Grant
Recommended Action: Adopt a resolution accepting the Officer Wellness and Mental Health Grant award in the amount of $20,000 from the California Board of State and Community Corrections (BSCC), authorizing the Police Chief to execute the grant agreement with BSCC, and authorizing the Finance Director to amend the FY 2023-24 general fund budget to increase revenues and expenditures by $20,000.

E. Grant Application for Cliff Drive Roadway Stabilization Design and Alternatives Analysis Recommended Action: Adopt a resolution authorizing the application for grant funds in the amount of $400,000 from the California Coastal Commission Local Coastal Program (LCP) Local Assistance Grant Program, and authorizing the City Manager, or his designee, to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.

F. California Assembly Bill 1035
Recommended Action: Authorize the Mayor to sign a letter in support of California Assembly Bill 1035, which proposes a statewide ceiling on mobile home space rent increases. 2 City Council Meeting Agenda – April 13, 2023
City of Capitola Page 3

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. Off-Leash Dog Area in a City Park
Recommended Action: Provide direction to staff for establishment of additional off-leash dog areas within public parks. (This item was pulled from the agenda by staff.) B. Capitola Bar and Grill Entertainment Permit Appeal
Recommended Action: Adopt a resolution denying an appeal of the City Manager’s decision to deny an application for a 2023 Regular Entertainment Permit for Capitola Bar and Grill, due to the application not including the required authorization from the property owner. (This item was pulled from the agenda by staff.)

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

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

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

Via Zoom Application: Use participant option to “raise hand”. The moderator will unmute you Via Zoom phone call: Dial *9 on your phone to “raise your hand”. The moderator will unmute you Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 6:00 p.m. in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola.

Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website: www.cityofcapitola.org and at Capitola City Hall prior to the meeting. Agendas are also available at the Capitola Post Office located at 826 Bay Avenue Capitola.

Need more information? Contact the City Clerk’s office at 831-475-7300.

Agenda Materials Distributed after Distribution of the Agenda Packet: Pursuant to Government Code §54957.5, materials related to an agenda item submitted after distribution of the agenda packet are 3 City Council Meeting Agenda – April 13, 2023
City of Capitola Page 4
available for public inspection at the Reception Office at City Hall, 420 Capitola Avenue, Capitola, California, during normal business hours.

Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990. Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475-7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products.

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Memo
To: City Council
From: Austin Westly, Deputy City Clerk
Date: April 12, 2023
Re: Removal of Item 9A
At the request of the dog park proponents, staff is removing Item 9A from the April 13, 2023, City Council agenda. Staff has communicated with the proponents to notify members of the public and the school district that the item has been removed.

CITY CLERK
5 Item 2 A.

Memo
To: City Council
From: Julia Moss, City Clerk
Date: April 11, 2023
Re: Removal of Item 9B
Staff is removing Item 9B from the April 13, 2023, City Council agenda at the request of the appellant.

The attached letter was received from the appellant’s legal representative on April 10, 2023.

This public hearing will be rescheduled pending the arbitration between the appellant and their landlord, and appropriately re-noticed.

CITY CLERK
6 Item 2 B.
1 Moss, Julia
From: James Anthony <[email protected]>
Sent: Monday, April 10, 2023 5:13 PM
To: Samantha Zutler; Moss, Julia
Cc: Burke, Tamar M.; Hannah Young; Jamila Colbert; Drew Sanchez; Firehouse Brew & Grill; [email protected]
Subject: [PDF] Urgent: Request for continuance: City of Capitola CC meeting of 4/13/23: Capitola Bar & Grill's Appeal of Entertainment Permit Denial
Attachments: Notice of Request for Emergency Arbitrator.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Dear Madam Clerk and Esteemed Counsel:

My firm represents the Appellant Capitola Bar & Grill (Michelle and LaSalle Strong), CB&G, in this appeal and in their pending JAMS arbitration with the landlord La Serena Properties (Steve Yates).

Last week Thursday 4/6/23 at 11:00 am CB&G had a hearing before an emergency arbitrator seeking the equivalent of a preliminary injunction seeking an emergency arbitrator order to the effect that:
1) The Respondent Landlord is deemed for all purposes to have irrevocably consented to live music entertainment under the lease agreement, absent a showing of nuisance in fact, proven in arbitration; 2) The Respondent Landlord must sign any documents reasonably required to document that consent to live music entertainment as needed.

See attached Notice of Request for Emergency Arbitrator and Emergency Injunctive Relief [JAMS Rule 2(c)] (additional pleadings and JAMS documentation available on request).

At the close of the hearing mid-day on 4/6/23, the Arbitrator Judge (ret.) Glenda Sanders, said that she hoped to have her ruling out by the end of the week. So we anticipated getting the decision last Friday or today Monday 4/10 at the latest. But in the email below, JAMS informed us at 3:55 pm today that the ruling will be made next week.

We had hoped to have the arbitrator's ruling in time for the City Council appeal hearing currently scheduled for this Thursday 4/13/23. It is our position that if CB&G obtains the requested relief and the landlord is legally deemed to have consented to live music, the City Council hearing is unnecessary because the only basis for denial for the permit in the staff report is the lack of that consent and the City should simply grant the permit. (If on the other hand CB&G does not get the relief requested, our position is that the City Council still has the power to grant the appeal based on their own independent conclusions of law as the quasi-judicial agency not bound by the advice of staff or counsel.) Because this ruling, either way, is critical to the hearing, we respectfully request a continuance of the City Council hearing until the Ruling has been made and the City Council's agenda allows.

Counsel, I am available to discuss at any time at my direct line 510-207-6243.

Yours very truly,
7 Item 2 B.
2 James Anthony
To help
protect your
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James Anthony

PRINCIPAL
(510) 842-3553 office
(510) 207-6243 cell
[email protected]
---------- Forwarded message ---------
From: Geraldine Yulo <[email protected]>
Date: Mon, Apr 10, 2023 at 3:55 PM
Subject: Strong, Michelle, et al. vs. La Serena Properties LLC - JAMS Ref No. 5130000363 To: [email protected] <[email protected]>, [email protected] <[email protected]>, [email protected] <[email protected]> Cc: [email protected] <[email protected]>, [email protected] <[email protected]> Dear Counsel:

Judge Sanders wanted to let the parties know that she will have the Ruling next week.

Best,
Geri
Geraldine “Geri” Yulo
Arbitration Practice Consultant
Direct: 213-253-9711
Email: [email protected]
JAMS - Local Solutions. Global Reach.TM
8 Item 2 B.
3 www.jamsadr.com

Manage your case anytime, anywhere. Register now for JAMS Access.

Follow us on LinkedIn, Facebook and Twitter.

Member of AAPI@JAMS, a Community Group dedicated to creating and fostering a diverse and inclusive workplace. Learn more about Diversity, Equity and Proud Inclusion at JAMS.

9 Item 2 B.
10 Item 2 B.
11 Item 2 B.
12 Item 2 B.
13 Item 2 B.
1 Moss, Julia
From: Richard Lippi <[email protected]>
Sent: Monday, April 10, 2023 8:45 PM
To: City Council
Cc: Kailash Mozumder
Subject: Item 9.A. on April 13, 2023, CC Mtg, Off-leash dog areas at public parks Attachments: PVT No Barking signs.docx
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Council Members,
I am writing to ask for your consideration to install signs at Monterey Ave Park (and possibly other Parks) to address the current problem of unnecessary noise disturbances at public parks.

According the Agenda Packet for April 13, 2023, in re: off-leash dog areas at public parks... "Staff have been in contact with Soquel Union Elementary School District (District) regarding a fenced dog area in Monterey Park. District representatives have indicated that they are not in support of any off leash dog areas in the park due to the potential of excessive barking and increased dog waste interfering with student and District staff use of the park area.

Based on the existing uses in the park area and District feedback, staff does not consider a fenced-in dog area, as proposed by the community group, a compatible use in Monterey Park" But the existing problem of barking dogs, unnecessary screaming and the yelling of profanities still exists. No matter how the off-leash dog issue proceeds, will you please consider the incorporation of signs that will encourage park users to respect the impact of loud, unnecessary noises upon the neighbors? For your reference, I have included a WORD document illustrating some commercially produced Park signs that address the noise issue. On the last page of the WORD document I have created a proposed sign specifically for Monterey Ave Park. I would suggest two (2) locations to start---one (1) at the front of the Park near the entrance path and one (1) at the eucalyptus grove facing the grassy area. If we can all agree on the appropriate text, I will fund the purchase of the first two (2) signs as an experiment.

Please see the attached WORD document.

Thank you for your consideration.

Richard Lippi
620 Monterey Ave, Capitola
Cc: Kailash Mozumder
14 Item 5 A.
15 Item 5 A.

---------------------------------------------------------------------------------------- A proposed, custom, prototype Monterey Ave Park
sign follows. I would be willing to purchase the first
two (2) custom signs for the Park.
16 Item 5 A.

PLEASE RESPECT

OUR NEIGHBORS

BY QUIETING

BARKING DOGS

PLEASE KEEP

LOUD NOISES TO
A MINIMUM.

THANK YOU!
17 Item 5 A.
1 Moss, Julia
From: Matthew Hereford <[email protected]>
Sent: Friday, April 7, 2023 4:14 PM
To: City Council; [email protected]; Clarke, Joe; Moss, Julia; [email protected]; Brown, Kristen; Brooks, Yvette
Subject: Capitola Bar & Grill
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Mayor and City Council Members,
I was the General Manager at Capitola Bar & Grill from March 2022 - Late July 2022 and I want to share with you heavy concerns over the music license and the owners in general.

Both LaSalle and Michelle Strong are very two faced people that look to take advantage of young people and people in need of a job. I’ve never in my 20 years working in the industry seen a more ridiculous pair of owners. They would show up to the bar completely intoxicated with a large group of friends often, take as long as possible to pay people who voluntarily quit, pay many people under the table, have minors work behind the bar doing glassware and buy alcohol last minute from liquor stores if they ran out which is illegal. The bartender Mario has been there since they opened and they have always paid him under the table including all his tips because he’s illegal and doesn’t have a visa. This made my job incredibly difficult as others found out and were upset because his paychecks were so much more with zero taxes coming out. Even my father was paid under the table from them for a few months. Vendors would cut them off because they simply would decide to stop paying and find a new vendor. Customers would be belligerent and assault the staff and LaSalle refused to support anyone but the customer which gets me to the music.

When I was hired I was hired to be the GM for a restaurant which is what they told me was the role. I was never told that I would basically become the manager of a club/ music venue which is what LaSalle wanted it to become. I shared with him concerns over the volume level and massive number of complaints I was receiving from many different people in the village community. His response was he laughed and said “fuck em.” After one of the tenants in the building complained LaSalle became vindictive and widened the set up where the bands played so that their speaker stack was right up against a main beam for the building saying “now we’re gonna rock the house.” He would often offer the bands extra money to go past their scheduled set time to try and retaliate against the tenants and upset them. I was instructed to never ask the band to turn down the volume level. One of the many nights the police came by to warn us over the volume and check the music license LaSalle was angry that they came two times in the same night and told me to kick them the fuck out of the restaurant which I did because I knew he would probably let me go if I didn’t. This upset the police Chief naturally and LaSalle begged me with a cash bonus to go a meeting at city hall and apologize which I did. In the meeting he claimed he installing new special sound proof curtains and then laughed that he had installed regular old curtains. Some of the neighbors who would complain I was told to offer them a couple glasses of free wine when they complained which one lady did and then had an episode because she was on medication.

I’m sure you all have received many emails about this matter so I tried my best to keep this short and to the point but believe when I say there is many more situations I could talk about regarding Capitola Bar & Grill. The Strongs have absolutely no business owning and running anything let only obtaining another music permit.

Thank you for your consideration.

Matt Hereford
18 Item 5 B.
1 Moss, Julia
From: ANNIE FITE <[email protected]>
Sent: Friday, April 7, 2023 9:24 PM
To: City Council
Subject: I support Capitola Bar & Grill
Follow Up Flag: Follow up
Flag Status: Flagged
I love Capitola. I went to school in Capitola and so happy to live close enough to support my hometown village. I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

My mom spent her 75th birthday at Capitola Bar & Grill and danced all day long. She had so much fun. The music is wonderful and the crowd is never rowdy or rude. They have done a great job of bringing more live music to the village.

Their location is perfect too and attracts passersby.

Please approve their permit by allowing this fabulous lively fun multicultural community to thrive in the village! Thank you for your time
Annie Fite
Sent from my iPhone
19 Item 5 B.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: City Manager Department
Subject: Consider and Approve 3/23/2023 City Council Meeting Minutes Recommended Action: Approve minutes from the regular meeting on March 23, 2023.

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

Attachments:

1. 3/23/2023 Regular Minutes
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
20 Item 8 A.

City of Capitola
City Council Meeting Minutes
Thursday, March 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 Regular Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:00 PM. In attendance: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser.

2. Additions and Deletions to the Agenda – None

3. Presentations
A. Sophia Schwirzke, Customer Accounts Manager, provided an Annual Update from Central Coast Community Energy.

4. Additional Materials
A. Additional Materials - Item 8B - Correspondence
B. Additional Materials - Item 8C - Correspondence
C. Additional Materials - Item 8D - Correspondence & Updated Final Local Action Notice and Zoning Permit

5. Oral Communications by Members of the Public
John Hakin, resident, spoke about Cabrillo Mobile Home Estates.

Gerry Jensen, resident, spoke about Capitola Wharf Enhancement Team fundraising efforts.

Douglas Kastle, resident, spoke about Cabrillo Mobile Home Estates.

Kathleen Barron, resident, spoke about electric/motorized bicycle usage within the City.

6. Staff / City Council Comments
 Vice Mayor Brown requested that staff bring back a City Council item to send a letter of support for Assembly Bill 1035.
 Council Member Clarke commended the Operation Surf event.  City Manager Goldstein mentioned that staff secured a device to lower the lighting at Noble Gulch Park.
 Recreation Division Manager Bryant LeBlond provided an update for the UA Playground Community Meeting, which was rescheduled to March 29th at 7 PM at the Jade Street Community Center and provided an update on Summer 2023 programming registration.

7. Consent Items
A. Consider and Approve 3/9/2023 & 3/16/2023 City Council Meeting Minutes B. Approval of City Check Registers Dated February 17, 2023, and March 3, 2023 Recommended Action: Approve check registers.
21 Item 8 A.

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

8. General Government / Public Hearings
A. Temporary Village Parking Committee Recommendations
Recommended Action: Direct staff to prepare the necessary documentation to approve the Temporary Village Parking Committee recommendations.

Finance Director Malberg presented the staff report.

Public Comments:
 Dharmesh Patel, Capitola Hotel business owner, spoke about the hotel parking permit cost and loading zone availability.
 Bhavna Patel, Capitola Hotel business owner, spoke about hotel parking permit cost and parking space availability.
 Carin Hana, resident, spoke about signage consistency, parking availability, parking meter replacement, and dedicated hotel parking space.  Dennis Norton, resident, spoke in favor of the committee recommendations.  John Mulry, resident, spoke in favor of the committee recommendations but recommended the parking signage be standardized to blue parking signage.

Council Member discussion included clarification about the Coastal Commission's approval of the recommendations, discussion of signage, permitting and availability of parking for hotel usage, and upgrade or replacement of parking meters.

Direction provided to staff to prepare the necessary documentation to approve and implement the Temporary Village Parking Committee recommendations, and research dedicated parking for the Village hotels.

B. Coastal Rail Trail Segments 10 and 11
Recommended Action: Receive report on the Coastal Rail Trail Segments 10 and 11 Project through the City of Capitola.

Capitola Public Works Director Kahn; Grace Blakeslee, SCCRTC Transportation Planner; Rob Tidmore, Project Manager for Segments 10 and 11 and SCC Park Planner; and Guy Preston, SCCRTC Executive Director, presented the staff report.

Public Comments:
 Carin Hana, resident, spoke about dangers to bicyclists.  Dennis Norton, resident, spoke in favor of a train.
 Kathleen Barron, resident, spoke against allowing electric bicycles on proposed trails.
 Paula Bradley, resident, spoke in support of the Ultimate Rail Trail design and the City's Active Transportation Plan.
 John Mulry, resident, spoke in favor of the train.

C. 401 Capitola Avenue Appeal
Recommended Action: Adopt a resolution affirming the Planning Commission’s decision to deny Application #22-0282 seeking a Conditional Use Permit, Parking Variance, and Coastal Development Permit for a restaurant/café at 401 Capitola Avenue (Capitola Tap House).

City Planner Brian Froelich presented the staff report.

Amy Chen, Appellant, and Lynne Lampros presented the appellant's report. 22 Item 8 A.

City Council Meeting Minutes – March 23, 2023
City of Capitola Page 3
Public Comments:
 Public speaker in favor of the appellant's proposal.
 Kathleen Barron, resident, spoke in favor of the appellant's proposal.  Christy, resident, spoke in favor of the appellant's proposal.  Mario Beltramo, resident, spoke in favor of the appellant's proposal.  Ed Newman, resident, spoke in opposition to the appellant’s proposal.  Dennis Norton, resident, spoke about consistency in granting variances.  Tanya Lorien spoke in favor of the appellant’s proposal.

Lynne Lampros provided closing comments for the appellant.

Council Member discussion included a desire to support small business, concerns about parking, concerns about the ratio of alcoholic vs. non-alcoholic taps within the business, and concern for nearby neighbors.

Direction provided to staff to bring back a resolution to the City Council to affirm the Planning Commission’s decision to deny Application #22-0282 and making findings to allow the following:

1. Implementation of the Tap System

2. Alcoholic Taps May Account for 49% or Less of Total Use

3. Allowance of Self-Pour System

4. Limited Hours (8:00 PM Closing Time)

5. Maximum of Six Seats

6. Clear Signage for Open Containers
Motion to uphold the Planning Commission’s denial of Application #22-0282 and for staff to return to the City Council with a resolution including findings as provided in direction above: Council Member Brooks
Seconded: Council Member Pedersen
Voting Yea: Council Members Brooks, Pedersen, Brown, and Mayor Keiser Voting Nay: Council Member Clarke
D. Kennedy Drive Sidewalk Project
Recommended Action: Approve the plans, specifications, and construction budget of $214,000 for the Kennedy Drive Sidewalk Project; approve the Coastal Development Permit and the findings listed in the Final Local Action Notice; and authorize the Department of Public Works to advertise for construction bids.

Public Works Director Kahn presented the staff report.

Council Member discussion included clarification on public outreach efforts.

Public Comments:
 John Mulry, resident, spoke in favor of the project.

Motion to approve the plans, specifications, construction budget, Coastal Development Permit, and findings listed in the Final Local Action Notice, and authorize the Public Works Department to advertise for construction bids: Vice Mayor Brown Seconded: Council Member Pedersen
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser 23 Item 8 A.

City Council Meeting Minutes – March 23, 2023
City of Capitola Page 4

9. Adjournment - Adjourned at 10:06 PM to the next regularly scheduled meeting on April 13, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
____________________________
Julia Moss, City Clerk
24 Item 8 A.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: Department of Public Works
Subject: Completion of the 41st Avenue Traffic Signal Coordination Project
Recommended Action: 1) Accept as complete the 41st Avenue Traffic Signal Coordination Project as constructed by Bear Electrical Solutions at the final cost of $747,012; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $39,316 as prescribed in the contract.

Background: Capitola Public Works staff has been working with the Monterey Bay Air Resources District (MBARD), the California Department of Transportation (Caltrans), and the County of Santa Cruz since 2010 to install an adaptive signal control system along 41st Avenue. The objective of the project was to substantially reduce emissions, decrease average travel time, and improve operating levels and traffic flow along the corridor. MBARD awarded the City grants in 2019 and 2020 for the installation of signal coordination equipment for City-controlled traffic and Caltrans-operated intersections on 41st Avenue at Jade Street/Brommer Street, Capitola Road, the Mall entrance, Clares Street, Gross Road, southbound Highway 1 ramp, and the northbound Highway 1 ramp.

On August 26, 2021, the City awarded a construction contract to Bear Electrical Solutions to install an adaptive signal control system for the City-owned traffic signals along 41st Avenue. The original project scope did not include coordination with the Caltrans signals at Highway 1 due to difficulty in receiving the required approvals from Caltrans. Soon after award of the contract, Caltrans approved the installation of the adaptive system and the City was able to modify the scope of work to include the Caltrans intersections.

Discussion: Construction of the project began in September 2021 and was completed in February 2023.

Fiscal Impact: The total project funding was $885,000, and total project costs were $860,000.

The remaining funds will be used for Caltrans coordination and future maintenance.

The project budget is as follows:

Funding: Total MABRD Grants $ 760,000
General fund $ 100,000
Gas Tax fund $ 25,000
Total $ 885,000
Costs: Construction $ 777,012
Engineering and reporting $ 83,000
Total $ 860,000
Attachments:
25 Item 8 B.

1. Notice of Completion

2. Project Cost Summary
Report Prepared By: Kailash Mozumder, Public Works Project Manager Reviewed By: Jessica Kahn, Public Works Director; Julia Moss, City Clerk; Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
26 Item 8 B.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Capitola
Public Works Department
Attn: Jessica Kahn
420 Capitola Avenue
Capitola, California 95010

SPACE ABOVE THIS LINE FOR RECORDER'S USE

THIS INSTRUMENT IS BEING RECORDED FOR THE BENEFIT OF THE CITY OF CAPITOLA NO RECORDING FEE IS REQUIRED PURSUANT TO GOVERNMENT CODE §27383

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Capitola, owner of the property hereinafter described, whose address is 420 Capitola Avenue, Capitola, California, has caused a work of improvements more particularly described as follows:

PROJECT NAME: 41st Avenue Adaptive Traffic Signal System PROJECT DESCRIPTION: Adaptive signal system from Jade/Brommer over Hwy 1 to be constructed on property more particularly described as follows:

DESCRIPTION: 41st Avenue
ADDRESS: NA
APN: NA
The work of the improvement was completed by:

CONTRACTOR: Bear Electrical Solutions, Inc.

ADDRESS: P.O. Box 924 Alviso, CA 95002
The work of the improvements was actually completed on the 14th day of February, and accepted by the City Council of said City on the 13th day of April 2023.

Signature of City Official: _____________________________ The undersigned certifies that he is an officer of the City of Capitola, that he has read the foregoing Notice of Completion and knows the content thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that he believes to be true. I certify under penalty of perjury that the foregoing is true and correct.

Executed at the City of Capitola, County of Santa Cruz, State of California.

Jessica Kahn
Director of Public Works
Signed: ___________________________________

Date: ___________________________________
27 Item 8 B.

Project Title: 41st Avenue Adaptive Traffic Signal System Final Cost Summary
CITY INTERSECTIONS Progress Payment #1 Progress Payment #2 Progress Payment #3 Progress Payment #4 Progress Payment #4 Item Description Unit Bid QTY
Actual
Final
QTY
QTY
Difference Unit Cost Bid Amount Final Cost Difference QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost 1 Traffic Control LS 1 1 0 $5,000.00 $5,000.00 $5,000 $0 0.5 $2,500.00 $0.00 0.5 $2,500.00 $0.00 $0.00 2 Mobilization LS 1 1 0 $3,000.00 $3,000.00 $3,000 $0 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 3 Temporary Water Pollution Control LS 1 1 0 $2,500.00 $2,500.00 $2,500 $0 1 $2,500.00 $0.00 $0.00 $0.00 $0.004 Utility Potholing EA 12 17 5 $1,325.00 $15,900.00 $22,525 $6,625 12 $15,900.00 $0.00 5 $6,625.00 $0.00 $0.00 5 Furnish and Install Adaptive Traffic Signal System LS 1 1 0 $271,791.00 $271,791.00 $271,791 $0 0.8 $217,432.80 0.15 $40,768.65 $0.00 0.05 $13,589.55 $0.006 Furnish and Install Category 6 Cable LF 2,400 2400 0 $5.13 $12,312.00 $12,312 $0 $0.00 2400 $12,312.00 $0.00 $0.00 $0.00 7 Furnish and Install No. 14 AWG Conductors LF 1,700 1700 0 $7.33 $12,461.00 $12,461 $0 $0.00 1700 $12,461.00 $0.00 $0.00 $0.008 Furnish and Install Ethernet Extender Device EA 4 1 -3 $5,137.50 $20,550.00 $5,138 -$15,413 $0.00 $0.00 1 $5,137.50 $0.00 $0.00 9 Furnish and Install Camera Mounting Hardware EA 16 16 0 $935.00 $14,960.00 $14,960 $0 $0.00 12 $11,220.00 4 $3,740.00 $0.00 $0.00 10 Furnish and Install 3” Schedule 80 PVC Conduit LF 350 356 6 $157.86 $55,251.00 $56,198 $947 285 $44,990.10 $0.00 71 $11,208.06 $0.00 $0.00 11 Furnish and Install Caltrans No. 5 Pull Box EA 6 3 -3 $1,775.00 $10,650.00 $5,325 -$5,325 $0.00 $0.00 1 $1,775.00 $0.00 2 $3,550.00 12 Furnish and Install wireless 4G Cellular Modem EA 2 2 0 $1,600.00 $3,200.00 $3,200 $0 $0.00 $0.00 1 $1,600.00 1 $1,600.00 $0.00 13 Furnish and Install 2-cell Flexible Fabric Innerduct LF 1,700 1700 0 $8.53 $14,501.00 $14,501 $0 $0.00 825 $7,037.25 875 $7,463.75 $0.00 $0.00 14 Minor Concrete SF 450 427.5 -22.5 $41.00 $18,450.00 $17,528 -$923 60 $2,460.00 $0.00 9 $369.00 $0.00 358.5 $14,698.50 Bid Total $460,526.00 $446,438 -$14,088 Subtotal $288,782.90 Subtotal $83,798.90 Subtotal $40,418.31 Subtotal $15,189.55 Subtotal $18,248.50 5% Retention $14,439.15 5% Retention $4,189.95 5% Retention $2,020.92 5% Retention $759.48 5% Retention $912.43 Subtotal $274,343.76 Subtotal $79,608.96 Subtotal $38,397.39 Subtotal $14,430.07 Subtotal $17,336.08 CALTRANS INTERSECTIONS Progress Payment #1 Progress Payment #2 Progress Payment #3 Progress Payment #4 Progress Payment #4 Item Description Unit Bid QTY
Actual
Final
QTY
QTY
Difference Unit Cost Bid Amount Final Cost Difference QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost 1 Traffic Control LS 1 1 0 $4,709.38 $4,709.38 $4,709 $0 $0.00 $0.00 1 $4,709.38 $0.00 $0.002 Mobilization LS 1 1 0 $1,000.00 $1,000.00 $1,000 $0 $0.00 $0.00 $0.00 1 $1,000.00 $0.00 3 Furnish and Install Category 6 Cable LF 4000 4000 0 $6.13 $24,520.00 $24,520 $0 $0.00 $0.00 $0.00 4000 $24,520.00 $0.00 4 Furnish and Install Ethernet Extender Device EA 2 2 0 $5,137.50 $10,275.00 $10,275 $0 $0.00 $0.00 $0.00 2 $10,275.00 $0.00 5 Furnish and Install Camera Mounting Hardware EA 8 8 0 $935.00 $7,480.00 $7,480 $0 $0.00 $0.00 $0.00 6.4 $5,984.00 1.6 $1,496.00 6 Furnish and Install wireless 4G Cellular Modem EA 1 1 0 $1,600.00 $1,600.00 $1,600 $0 $0.00 $0.00 $0.00 1 $1,600.00 $0.00 7 Furnish and Install 2-cell Flexible Fabric Innerduct LF 1,000 1000 0 $8.53 $8,530.00 $8,530 $0 $0.00 $0.00 $0.00 1000 $8,530.00 $0.00 8 Furnish and Install Adaptive Traffic Signal System LS 1 1 0 $220,873.00 $220,873.00 $220,873 $0 $0.00 $0.00 $0.00 0.8 $176,698.40 0.2 $44,174.60 9 41st Ave & Capitola Signal Rewire LS 1 1 0 $25,150.00 $25,150.00 $25,150 $0 $0.00 $0.00 $0.00 1 $25,150.00 $0.00 10 MVDS Communication Cable LF 1000 1000 0 $8.75 $8,750.00 $8,750 $0 $0.00 $0.00 $0.00 $0.00 1000 $8,750.00 11 MVDS Communication System LS 1 1 0 $9,275.00 $9,275.00 $9,275 $0 $0.00 $0.00 $0.00 $0.00 1 $9,275.00 12 Furnish and Install Category 6 Cable LF 3600 1011 -2589 $5.13 $18,468.00 $5,186 -$13,282 $0.00 1011 $5,186.43 $0.00 $0.00 $0.0013 Furnish and install No. 14 AWG conductors LF 4,300 1711 -2589 $7.33 $31,519.00 $12,542 -$18,977 $0.00 1711 $12,541.63 $0.00 $0.00 $0.00 Bid Total $372,149.38 $339,890 -$32,259 Subtotal $0.00 Subtotal $17,728.06 Subtotal $4,709.38 Subtotal $253,757.40 Subtotal $63,695.60 5% Retention $0.00 5% Retention $886.40 5% Retention $235.47 5% Retention $12,687.87 5% Retention $3,184.78 Subtotal $0.00 Subtotal $16,841.66 Subtotal $4,473.91 Subtotal $241,069.53 Subtotal $60,510.82 Final Cost $747,012.17 Total Retention $14,439.15 Total Retention $5,076.35 Total Retention $2,256.38 Total Retention $13,447.35 Total Retention $4,097.21 Final Retention $39,316.43 Total Billing $274,343.76 Total Billing $96,450.61 Total Billing $42,871.31 Total Billing $255,499.60 Total Billing $77,846.90 28 Item 8 B.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: Department of Public Works
Subject: Completion of the Clares Street Traffic Calming Improvement Project
Recommended Action: 1) Approve Contract Change Order #2 in the amount of $75,968; 2) accept, as complete, the Clares Street Traffic Calming Improvement Project constructed by the McKim Corporation; 3) authorize the City Clerk to file and record a Notice of Completion; and 4) authorize the release of the contract retention of $62,271 as prescribed in the contract.

Background: On April 28, 2022, the City Council approved the plans, specifications, and construction estimate for the Clares Street Traffic Calming Improvement Project and authorized advertising for construction bids with an approved budget of $1,153,000 and available funding of $1,247,696. Following this approval, the project was advertised, and bids were received on June 29, 2022. The low bid received was from McKim Corporation in the amount of $1,052,667.

Because the bid was lower than the approved budget, the City Manager awarded the contract to McKim Corporation. On September 22, 2022, the City Council approved Contract Change Order (CCO) #1 in the amount of $118,925 to increase the scope of the project to include two additional components that were originally omitted to minimize project costs. The additional work extended the road rehabilitation limits along Clares Street to 40th Avenue and added safety lights on Wharf Road at the library driveway.

Discussion: Construction of the project began in October 2022 and was completed in March 2023.

During construction, Public Works staff worked with the contractor to minimize construction impacts and delays to the adjacent residential areas and determined that night work would be the best solution. CCO #2 (Attachment 1) captures the additional costs associated with the night work, sidewalk grinding to eliminate tripping hazards, as well as the additional material quantities observed during construction.

Fiscal Impact: The total available funding for the project is $1,247,696. The addition of CCO #1 & #2 brings the total project cost to $1,247,560. The available Santa Cruz County Regional Transportation Commission (SCCRTC) funding was originally estimated to be $833,264, however an additional $36,736 was identified and programmed by the SCCRTC, reducing the City General fund contribution from $150,000 to $113,264.

Funding
Measure D $ 264,432
General Fund $ 113,264
SCCRTC - multiple sources $ 870,000
Total $ 1,247,696
29 Item 8 C.

Project Costs
McKim Contract $ 1,052,667
CCO No. 1 $ 118,925
Proposed CCO No. 2 $ 75,968
Total Cost $ 1,247,560
Attachments:

1. Change Order #2

2. Notice of Completion

3. Project Cost Summary
Report Prepared By: Kailash Mozumder, Public Works Project Manager Reviewed By: Jessica Kahn, Public Works Director; Julia Moss, City Clerk; Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
30 Item 8 C.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Capitola
Public Works Department
Attn: Jessica Kahn
420 Capitola Avenue
Capitola, California 95010

SPACE ABOVE THIS LINE FOR RECORDER'S USE

THIS INSTRUMENT IS BEING RECORDED FOR THE BENEFIT OF THE CITY OF CAPITOLA NO RECORDING FEE IS REQUIRED PURSUANT TO GOVERNMENT CODE §27383

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Capitola, owner of the property hereinafter described, whose address is 420 Capitola Avenue, Capitola, California, has caused a work of improvements more particularly described as follows:

PROJECT NAME: Clares Street Traffic Calming Improvements PROJECT DESCRIPTION: Complete street improvements from 40th to Wharf Rd. to be constructed on property more particularly described as follows:

DESCRIPTION: Clares Street
ADDRESS: N/A
APN: N/A
The work of the improvement was completed by:

CONTRACTOR: McKim Corporation
ADDRESS: 60 W. 4th St., #210, Gilroy, CA 95020
The work of the improvements was actually completed on the 22 nd day of March, and accepted by the
City Council of said City on the 13th day of April 2023.

Signature of City Clerk: _____________________________
Julia Moss, City Clerk
The undersigned certifies that he is an officer of the City of Capitola, that he has read the foregoing Notice of Completion and knows the content thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that he believes to be true. I certify under penalty of perjury that the foregoing is true and correct.

Executed at the City of Capitola, County of Santa Cruz, State of California.

Jessica Kahn
Director of Public Works
Signed: ___________________________________
Date: ___________________________________
31 Item 8 C.

CITY OF CAPITOLA

DEPARTMENT OF PUBLIC WORKS

CONTRACT CHANGE ORDER
Project: Clares Street Traffic Calming Change Order No. 2 Contractor: McKim Corporation Date: March 22, 2023
Scope of Work or Change: Additional costs when directed to complete the work at night, sidewalk grinding of all sidewalks in the project area and differences in final observed quantities.

Add/Subtract Unit Change in price Notes
Night Work + 1 LS $22,804 Additional rental and plant fees Warm Mix + 1,623 TON $14,234 Additional $8.77 per TON
Sidewalk Grinding + 1 LS $2,139 1 crew, 1 day T&M
Difference in Final QTY Add & subtract $36,791 Difference in Final QTY’s see attached
Total $75,968
This Change Order will X increase the contract amount by $75,968 decrease
not change
and is based on X Agreed lump sum/unit price proposal.

X Contract unit prices.

Cost plus 15 percent (Force Account)
NOTE: Approval of this Change Order by the Contractor constitutes agreement as to the final compensation for the scope of work listed in accordance with Section 4.03 of the Standard Specifications.

Approved for By: Date:

Contractor Title:

Approved for By: Date:

X City of Capitola Title: Public Works Director

****************************************************************************************************************** Summary of Amounts Payable Under Contract
Net effect of previous Change Orders
This Change Order
Net effect of all Change Orders
Original contract amount
New contract amount
$ 118,925
$ 75,968
$ 194,893
$ 1,052,667
$ 1,247,560
President
3/28/23
32 Item 8 C.

City of Capitola Project Title : Clares Street Traffic Calming Improvements Change Order #2
Bid + CO1
& CO2
Actual
Final QTY Cost
UNITS Bid QTY Quantity Quantity Diff Difference
1 Mobilization LS 1 1 1 0.00 $0.00
2 Construction Area Signs LS 1 1 1 0 $0.003 Traffic Control System LS 1 1 1 0.00 $0.004 Survey and Construction Staking LS 1 1 1 0 $0.005 Temporary Water Pollution Control and Erosion Control LS 1 1 1 0 $0.006 Adjust Water Valve Box to Grade EA 26 29 32 3 $1,800.00 7 Adjust Sanitary Sewer Manhole to Grade EA 15 16 17 1 $900.008 Adjust Storm Drain Manhole to Grade EA 4 4 4 0 $0.009 Adjust Gas Valve Box to Grade EA 4 4 4 0 $0.00 10 Adjust Utility Frame and Cover to Grade EA 5 5 5 0 $0.0011 Cold Plane Asphalt Concrete Pavement SQYD 1130 1130 1130 0 ‐$5.00 12 Cold In-Place Recycling (CIR) SQYD 10784 12384 12800 416 $8,798.00 13 Wedge and Conform Grinding LF 4568 5138 5138 0 $6.64 14 Conform Grinding SQYD 86 86 86 0 $0.02
15 Aggregate Base (Class 2) CY 73 73 139.58 66.58 $13,188.01 16 Hot Mix Asphalt (Type A) TON 1483 1661 1696.08 35.08 $5,163.66 17 Minor Concrete (Curb and Gutter) LF 185 185 205 20 $2,075.45 18 Minor Concrete (Valley and Cross Gutter) SQFT 492 492 492 0 $1.28 19 Minor Concrete (Sidewalk) SQFT 1154 1154 1154 0 ‐$4.28 20 Minor Concrete (Driveway) SQFT 266 266 0 ‐266 ‐$16,700.00 21 Minor Concrete (Curb Ramp Remove and Replace) EA 10 10 12 2 $14,000.00 22 Thermoplastic Traffic Stripe LF 11,218 12,218 11974 ‐244.016 ‐$747.54 23 Thermoplastic Pavement Marking SQFT 4169 4384 5807 1423 $8,538.00 24 Thermoplastic Pavement Marking (Green) SQFT 3079 3079 3056 ‐23 ‐$253.0025 Decorative Crosswalk LS 1 1 1 0 $0.00 26 Blue Fire Hydrant Pavement Marker EA 4 4 6 2 $30.00
27 Roadside Sign EA 37 37 37 0 $0.0028 Rectangular Rapid Flashing Beacon (RRFB) Assembly LS 3 3 3 0 $0.00 CO1 Library Entrance Vehicle Activate Safety Lights LS 1 1 0 $0.00CO1 Mobilization Add LS 1 1 0 $0.00CO1 Traffic Control Add LS 1 1 0 $0.00CO2 Night Work, , LS 1 1 0 $0.00CO2 Warm Mix TON 1,623 1623 0 $0.00 CO2 Sidewalk Grinding LS 1 1 0 $0.00
$36,791.24
33 Item 8 C.

INVOICE NO.

DATE
TO Job :

FOREMAN JOB TIME AND

MATERIALS WORK ORDER DATE PAYMENT TERMS DUE DATE
Miguel Lepe 22-Clares X T&M #2 12/2/22 Due on receipt PP #3

LABOR HRS/TON/CY HRS/TON/CY RATE TOTAL
Laborers 8 HRS 85.00 16.00 $ 1,360.00 $
MATERIAL $ -
$ -
$ -
$ -
$ -

EQUIPMENT
Concrete Planer 1 Day 1.00 250.00 $ 250.00 $
Crew Truck 1 Day 1.00 250.00 $ 250.00 $
SUBTOTAL $ 1,860.00
15% $ 279.00
TOTAL 2,139.00 $

DESCRIPTION
SCOPE: Grind down raised sidewalk
areas
2 Laborers
City of Capitola, DPW Clares Street Ped. Improvments
Gilroy, Ca. 95020 December 20, 2022
(408-848-8700 Fax (408) 848-8778 CUSTOMER ID
[email protected]
60 W. 4th Street
McKim Corporation
34 Item 8 C.

City of Capitola Project Title : Clares Street Traffic Calming Improvements Final Cost Summary
Actual
Bid + CO1
& CO2 Final Total Projected Final
UNITS Bid QTY Unit Price Total QTY Total QTY Total Unit Quantity Quantity Diff Cost Cost Difference QTY Cost QTY Cost QTY Cost QTY Cost QTY Cost 1 Mobilization LS 1 22,000.00 $22,000 LS 1.000 1 0.00 $22,000 $22,000.00 $0.00 0.25 $5,500.00 0.65 $14,300.00 $0.00 0.08 $1,760.00 0.02 $440.00 2 Construction Area Signs LS 1 2,500.00 $2,500 LS 1 1 0 $2,500 $2,500.00 $0.00 0.25 $625.00 0.65 $1,625.00 $0.00 0.1 $250.00 $0.003 Traffic Control System LS 1 131,000.00 $131,000 LS 1.000 1 0.00 $131,000 $131,000.00 $0.00 0.15 $19,650.00 $0.65 $85,150.00 0.1 $13,100.00 0.08 $10,480.00 0.02 $2,620.00 4 Survey and Construction Staking LS 1 9,000.00 $9,000 LS 1 1 0 $9,000 $9,000.00 $0.00 $0.00 1 $9,000.00 $0.00 $0.00 $0.00 5 Temporary Water Pollution Control and Erosion Control LS 1 4,000.00 $4,000 LS 1 1 0 $4,000 $4,000.00 $0.00 0.15 $600.00 0.75 $3,000.00 $0.00 0.1 $400.00 $0.00 6 Adjust Water Valve Box to Grade EA 26 600.00 $15,600 3 $1,800.00 EA 29 32 3 $17,400 $19,200.00 $1,800.00 $0.00 $0.00 $0.00 32 $19,200.00 $0.00 7 Adjust Sanitary Sewer Manhole to Grade EA 15 900.00 $13,500 1 $900.00 EA 16 17 1 $14,400 $15,300.00 $900.00 $0.00 $0.00 $0.00 17 $15,300.00 $0.008 Adjust Storm Drain Manhole to Grade EA 4 900.00 $3,600 EA 4 4 0 $3,600 $3,600.00 $0.00 $0.00 $0.00 $0.00 4 $3,600.00 $0.00 9 Adjust Gas Valve Box to Grade EA 4 600.00 $2,400 EA 4 4 0 $2,400 $2,400.00 $0.00 $0.00 $0.00 $0.00 4 $2,400.00 $0.00 10 Adjust Utility Frame and Cover to Grade EA 5 400.00 $2,000 EA 5 5 0 $2,000 $2,000.00 $0.00 $0.00 $0.00 $0.00 5 $2,000.00 $0.0011 Cold Plane Asphalt Concrete Pavement SQYD 1130 11.50 $13,000 SQYD 1130 1130 0 $13,000 $12,995.00 ‐$5.00 $0.00 1130 $12,995.00 $0.00 $0.00 $0.00 12 Cold In-Place Recycling (CIR) SQYD 10784 21.15 $228,082 1600 $33,840.00 SQYD 12384 12800 416 $261,922 $270,720.00 $8,798.00 $0.00 12800 $270,720.00 $0.00 $0.00 $0.00 13 Wedge and Conform Grinding LF 4568 4.73 $21,600 570 $2,696.10 LF 5138 5138 0 $24,296 $24,302.74 $6.64 $0.00 5138 $24,302.74 $0.00 $0.00 $0.00 14 Conform Grinding SQYD 86 79.07 $6,800 SQYD 86 86 0 $6,800 $6,800.02 $0.02 $0.00 86 $6,800.02 $0.00 $0.00 $0.00 15 Aggregate Base (Class 2) CY 73 198.08 $14,460 CY 73 139.58 66.58 $14,460 $27,648.01 $13,188.01 10 $1,980.80 129.58 $25,667.21 $0.00 $0.00 $0.00 16 Hot Mix Asphalt (Type A) TON 1483 147.05 $218,070 178 $26,174.90 TON 1661 1696.08 35.08 $244,245 $249,408.56 $5,163.66 $0.00 $0.00 1696.08 $249,408.56 $0.00 $0.00 17 Minor Concrete (Curb and Gutter) LF 185 103.89 $19,222 LF 185 205 20 $19,222 $21,297.45 $2,075.45 163 $16,934.07 42 $4,363.38 $0.00 $0.00 $0.00 18 Minor Concrete (Valley and Cross Gutter) SQFT 492 39.84 $19,600 SQFT 492 492 0 $19,600 $19,601.28 $1.28 $0.00 492 $19,601.28 $0.00 $0.00 $0.00 19 Minor Concrete (Sidewalk) SQFT 1154 22.18 $25,600 SQFT 1154 1154 0 $25,600 $25,595.72 ‐$4.28 639 $14,173.02 515 $11,422.70 $0.00 $0.00 $0.00 20 Minor Concrete (Driveway) SQFT 266 62.78 $16,700 SQFT 266 0 ‐266 $16,700 $0.00 ‐$16,700.00 $0.00 $0.00 $0.00 $0.00 $0.00 21 Minor Concrete (Curb Ramp Remove and Replace) EA 10 7,000.00 $70,000 EA 10 12 2 $70,000 $84,000.00 $14,000.00 3 $21,000.00 9 $63,000.00 $0.00 $0.00 $0.00 22 Thermoplastic Traffic Stripe LF 11,218 3.29 $36,852 1000 $3,290.00 LF 12,218 11974 ‐244.016 $40,142 $39,394.46 ‐$747.54 $0.00 $0.00 $0.00 11974 $39,394.46 $0.00 23 Thermoplastic Pavement Marking SQFT 4169 6.00 $25,014 215 $1,290.00 SQFT 4384 5807 1423 $26,304 $34,842.00 $8,538.00 $0.00 $0.00 $0.00 5807 $34,842.00 $0.00 24 Thermoplastic Pavement Marking (Green) SQFT 3079 11.00 $33,869 SQFT 3079 3056 ‐23 $33,869 $33,616.00 ‐$253.00 $0.00 $0.00 $0.00 3056 $33,616.00 $0.00 25 Decorative Crosswalk LS 1 24,340.00 $24,340 LS 1 1 0 $24,340 $24,340.00 $0.00 $0.00 $0.00 1 $24,340.00 $0.00 $0.00 26 Blue Fire Hydrant Pavement Marker EA 4 15.00 $60 EA 4 6 2 $60 $90.00 $30.00 $0.00 $0.00 $0.00 6 $90.00 $0.00 27 Roadside Sign EA 37 150.00 $5,550 EA 37 37 0 $5,550 $5,550.00 $0.00 $0.00 $0.00 $0.00 37 $5,550.00 $0.00 28 Rectangular Rapid Flashing Beacon (RRFB) Assembly LS 3 22,750.00 $68,250 LS 3 3 0 $68,250 $68,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 $68,250.00 CO1 Library Entrance Vehicle Activate Safety Lights LS 1 $41,324.00 LS 1 1 0 $41,324 $41,324.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $41,324.00 CO1 Mobilization Add LS 1 $1,400.00 LS 1 1 0 $1,400 $1,400.00 $0.00 $0.00 0.75 $1,050.00 0.25 $350.00 CO1 Traffic Control Add LS 1 $6,210.00 LS 1 1 0 $6,210 $6,210.00 $0.00 $0.00 0.75 $4,657.50 0.25 $1,552.50 CO2 Night Work, , LS 1 $22,804.00 LS 1 1 0 $22,804 $22,804.00 $0.00 $0.00 0.6 $13,682.40 0.4 $9,121.60 $0.00 $0.00 CO2 Warm Mix TON 8.77 1,623 $14,233.71 TON 1,623 1623 0 $14,234 $14,233.71 $0.00 1623 $14,233.71 CO2 Sidewalk Grinding LS 1 $2,139.00 LS 1 1 0 $2,139 $2,139.00 $0.00 Total Cost $1,052,667.00 $118,925.00 $39,176.71 $1,194,398 $1,247,561.95 $36,791.24 Total $80,462.89 Total $571,337.23 Total $312,106.37 Total $168,882.46 Total $112,634.00 Summary Retention $4,023.14 Retention $28,566.86 Retention $15,605.32 Retention $8,444.12 Retention $5,631.70 Original Bid $1,052,667.00 Payment $76,439.75 Payment $542,770.37 Payment $296,501.06 Payment $160,438.34 Payment $107,002.30 Changes $158,102
Additional QTY Costs $36,791
Final Cost $1,247,559.95
Base Bid CO1 Payment #1 (OCT) Payment #2 (NOV) CO2 Payment #3 (DEC) Payment #4 (JAN) Payment #5 (FEB) McKim Corporation McKim Corporation McKim Corporation
35 Item 8 C.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: Police Department
Subject: Officer Wellness Grant
Recommended Action: Adopt a resolution accepting the Officer Wellness and Mental Health Grant award in the amount of $20,000 from the California Board of State and Community Corrections (BSCC), authorizing the Police Chief to execute the grant agreement with BSCC, and authorizing the Finance Director to amend the FY 2023-24 general fund budget to increase revenues and expenditures by $20,000.

Background: The Officer Wellness and Mental Health Grant Program, established in the 2022 California State Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies to improve officer wellness and expand mental health resources. The funding may be used for establishing or expanding officer wellness units, establishing or expanding peer support units, receiving services provided by a licensed mental health professional, expanding multiagency mutual aid programs focused on officer wellness and mental health, or on other programs and services that are evidence-based or have a successful track record of enhancing officer wellness.

Discussion: The purpose of this grant is to improve officer wellness and to expand mental health sources. “Officer wellness” means the consideration of the physical, emotional, or mental condition or wellbeing of an officer. Mental health is as important as physical health and many times law enforcement officers shoulder the solemn responsibility of protecting the public, and deal with tremendous mental and emotional strain throughout their careers. Healthy officers are crucial to building healthy and safe communities.

Staff intends to use awarded funds to support the current Police Department officer wellness program for the next two years. Current programming focuses on mental and physical wellbeing, emotional support, and nutritional information. An internal staff survey was sent to Police Department staff to determine the most impactful way to allocate funds.

Fiscal Impact: No fiscal impact as there is no required General Fund match. Acceptance of the grant will increase revenues and expenditures by $20,000. All funds received from the grant must be used for any of the purposes outlined above.

Attachments:

1. Award Letter

2. Funding Distribution Schedule

3. Draft Resolution
Report Prepared By: Esmeralda Gonzalez, Administrative Analyst Reviewed By: Andrew Dally, Chief of Police; Julia Moss, City Clerk; Jim Malberg, Finance Director; Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
36 Item 8 D.

DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.
37 Item 8 D.

Officer Wellness & Mental Health Grant Recipients

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections
38 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER $ 709,103.49
ALAMEDA COUNTY ALAMEDA PD $ 47,741.62
ALAMEDA COUNTY ALBANY PD $ 20,000.00
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD $ 145,331.11
ALAMEDA COUNTY BERKELEY PD $ 106,014.48
ALAMEDA COUNTY EAST BAY REG PARK DPS $ 37,912.46
ALAMEDA COUNTY EMERYVILLE PD $ 28,000.00
ALAMEDA COUNTY FREMONT PD $ 117,949.89
ALAMEDA COUNTY HAYWARD PD $ 113,737.39
ALAMEDA COUNTY LIVERMORE PD $ 63,187.44
ALAMEDA COUNTY NEWARK PD $ 34,402.05
ALAMEDA COUNTY OAKLAND PD $ 483,032.87
ALAMEDA COUNTY PIEDMONT PD $ 15,000.00
ALAMEDA COUNTY PLEASANTON PD $ 54,762.45
ALAMEDA COUNTY SAN LEANDRO PD $ 49,847.87
ALAMEDA COUNTY UNION CITY PD $ 47,039.54
ALPINE COUNTY ALPINE CO SO $ 15,000.00
AMADOR COUNTY AMADOR CO SO/CORONER $ 32,997.89
AMADOR COUNTY IONE PD $ 15,000.00
AMADOR COUNTY JACKSON PD $ 15,000.00
AMADOR COUNTY SUTTER CREEK PD $ 15,000.00
BUTTE COUNTY BUTTE CO SO/CORONER $ 122,162.38
BUTTE COUNTY CHICO PD $ 65,293.69
BUTTE COUNTY GRIDLEY PD $ 15,000.00
BUTTE COUNTY OROVILLE PD $ 15,000.00
BUTTE COUNTY PARADISE PD $ 15,000.00
CALAVERAS COUNTY ANGELS CAMP PD $ 15,000.00
CALAVERAS COUNTY CALAVERAS CO SD $ 40,018.71
COLUSA COUNTY COLUSA COUNTY SD $ 25,000.00
COLUSA COUNTY COLUSA PD $ 15,000.00
COLUSA COUNTY WILLIAMS PD $ 15,000.00
CONTRA COSTA COUNTY ANTIOCH PD $ 77,229.09
CONTRA COSTA COUNTY BRENTWOOD PD $ 46,337.46
CONTRA COSTA COUNTY CLAYTON PD $ 15,000.00
CONTRA COSTA COUNTY CONCORD PD $ 93,376.99
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER $ 435,993.33 CONTRA COSTA COUNTY EL CERRITO PD $ 25,000.00
CONTRA COSTA COUNTY HERCULES PD $ 20,000.00
CONTRA COSTA COUNTY KENSINGTON PD $ 15,000.00
CONTRA COSTA COUNTY MARTINEZ PD $ 28,000.00
CONTRA COSTA COUNTY MORAGA PD $ 15,000.00
CONTRA COSTA COUNTY OAKLEY PD $ 28,000.00
CONTRA COSTA COUNTY PINOLE PD $ 20,000.00
CONTRA COSTA COUNTY PITTSBURG PD $ 62,485.36
CONTRA COSTA COUNTY PLEASANT HILL PD $ 30,891.64
CONTRA COSTA COUNTY RICHMOND PD $ 83,547.84
CONTRA COSTA COUNTY SAN PABLO PD $ 37,912.46
CONTRA COSTA COUNTY SAN RAMON PD $ 46,337.46
CONTRA COSTA COUNTY WALNUT CREEK PD $ 51,252.03
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1
39 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD $ 15,000.00
DEL NORTE COUNTY DEL NORTE COUNTY SO $ 15,000.00
EL DORADO COUNTY EL DORADO CO SO $ 117,247.80
EL DORADO COUNTY PLACERVILLE PD $ 15,000.00
EL DORADO COUNTY SOUTH LAKE TAHOE PD $ 28,000.00
FRESNO COUNTY CLOVIS PD $ 73,718.68
FRESNO COUNTY COALINGA PD $ 15,000.00
FRESNO COUNTY FIREBAUGH PD $ 15,000.00
FRESNO COUNTY FOWLER PD $ 15,000.00
FRESNO COUNTY FRESNO CO SO $ 288,555.97
FRESNO COUNTY FRESNO PD $ 557,453.63
FRESNO COUNTY HURON PD $ 15,000.00
FRESNO COUNTY KERMAN PD $ 25,000.00
FRESNO COUNTY KINGSBURG PD $ 20,000.00
FRESNO COUNTY MENDOTA PD $ 15,000.00
FRESNO COUNTY ORANGE COVE PD $ 15,000.00
FRESNO COUNTY PARLIER PD $ 15,000.00
FRESNO COUNTY REEDLEY PD $ 25,000.00
FRESNO COUNTY SANGER PD $ 28,000.00
FRESNO COUNTY SELMA PD $ 28,000.00
GLENN COUNTY GLENN CO SO/CORONER $ 30,891.64
GLENN COUNTY ORLAND PD $ 15,000.00
HUMBOLDT COUNTY ARCATA PD $ 20,000.00
HUMBOLDT COUNTY EUREKA PD $ 28,000.00
HUMBOLDT COUNTY FERNDALE PD $ 15,000.00
HUMBOLDT COUNTY FORTUNA PD $ 15,000.00
HUMBOLDT COUNTY HUMBOLDT CO SO $ 128,481.13
HUMBOLDT COUNTY RIO DELL PD $ 15,000.00
IMPERIAL COUNTY BRAWLEY PD $ 20,000.00
IMPERIAL COUNTY CALEXICO PD $ 20,000.00
IMPERIAL COUNTY CALIPATRIA PD $ 15,000.00
IMPERIAL COUNTY EL CENTRO PD $ 28,083.31
IMPERIAL COUNTY IMPERIAL CO SO $ 63,187.44
IMPERIAL COUNTY IMPERIAL PD $ 15,000.00
IMPERIAL COUNTY WESTMORLAND PD $ 15,000.00
INYO COUNTY BISHOP PD $ 15,000.00
INYO COUNTY INYO COUNTY SO $ 28,000.00
KERN COUNTY ARVIN PD $ 15,000.00
KERN COUNTY BAKERSFIELD PD $ 305,405.96
KERN COUNTY BEAR VALLEY PD $ 15,000.00
KERN COUNTY CALIFORNIA CITY PD $ 15,000.00
KERN COUNTY DELANO PD $ 33,699.97
KERN COUNTY KERN COUNTY SO $ 501,989.10
KERN COUNTY MCFARLAND PD $ 15,000.00
KERN COUNTY RIDGECREST PD $ 25,000.00
KERN COUNTY SHAFTER PD $ 25,000.00
KERN COUNTY STALLION SPRINGS PD $ 15,000.00
KERN COUNTY TAFT PD $ 15,000.00
KERN COUNTY TEHACHAPI PD $ 15,000.00
KINGS COUNTY AVENAL PD $ 15,000.00
KINGS COUNTY CORCORAN PD $ 15,000.00
KINGS COUNTY HANFORD PD $ 42,827.04
December 12, 2022 2
40 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE $ 136,204.04
KINGS COUNTY LEMOORE PD $ 28,000.00
LAKE COUNTY CLEARLAKE PD $ 20,000.00
LAKE COUNTY LAKE CO SO $ 64,591.60
LAKE COUNTY LAKEPORT PD $ 15,000.00
LASSEN COUNTY LASSEN CO SO $ 38,614.55
LASSEN COUNTY SUSANVILLE PD $ 15,000.00
LOS ANGELES COUNTY ALHAMBRA PD $ 56,868.70
LOS ANGELES COUNTY ARCADIA PD $ 45,635.37
LOS ANGELES COUNTY AZUSA PD $ 36,508.30
LOS ANGELES COUNTY BALDWIN PARK PD $ 40,720.79
LOS ANGELES COUNTY BELL GARDENS PD $ 32,295.80
LOS ANGELES COUNTY BELL PD $ 25,000.00
LOS ANGELES COUNTY BEVERLY HILLS PD $ 94,781.16
LOS ANGELES COUNTY BURBANK PD $ 103,908.23
LOS ANGELES COUNTY CLAREMONT PD $ 28,000.00
LOS ANGELES COUNTY COVINA PD $ 40,720.79
LOS ANGELES COUNTY CULVER CITY PD $ 70,910.35
LOS ANGELES COUNTY DOWNEY PD $ 80,037.42
LOS ANGELES COUNTY EL MONTE PD $ 75,824.93
LOS ANGELES COUNTY EL SEGUNDO PD $ 37,912.46
LOS ANGELES COUNTY GARDENA PD $ 60,379.11
LOS ANGELES COUNTY GLENDALE PD $ 162,883.18
LOS ANGELES COUNTY GLENDORA PD $ 34,402.05
LOS ANGELES COUNTY HAWTHORNE PD $ 64,591.60
LOS ANGELES COUNTY HERMOSA BEACH PD $ 28,000.00
LOS ANGELES COUNTY HUNTINGTON PARK PD $ 37,210.38
LOS ANGELES COUNTY INGLEWOOD PD $ 120,056.14
LOS ANGELES COUNTY IRWINDALE PD $ 25,000.00
LOS ANGELES COUNTY LA VERNE PD $ 28,000.00
LOS ANGELES COUNTY LONG BEACH PD $ 520,243.25
LOS ANGELES COUNTY LOS ANGELES CO SD $ 6,548,325.00
LOS ANGELES COUNTY LOS ANGELES PD $ 6,499,179.21
LOS ANGELES COUNTY MANHATTAN BEACH PD $ 40,720.79
LOS ANGELES COUNTY MONROVIA PD $ 32,295.80
LOS ANGELES COUNTY MONTEBELLO PD $ 47,741.62
LOS ANGELES COUNTY MONTEREY PARK PD $ 49,847.87
LOS ANGELES COUNTY PALOS VERDES ESTATES PD $ 15,000.00
LOS ANGELES COUNTY PASADENA PD $ 152,351.94
LOS ANGELES COUNTY POMONA PD $ 105,312.40
LOS ANGELES COUNTY REDONDO BEACH PD $ 63,187.44
LOS ANGELES COUNTY SAN FERNANDO PD $ 25,000.00
LOS ANGELES COUNTY SAN GABRIEL PD $ 32,997.89
LOS ANGELES COUNTY SAN MARINO PD $ 25,000.00
LOS ANGELES COUNTY SANTA MONICA PD $ 141,118.62
LOS ANGELES COUNTY SIERRA MADRE PD $ 15,000.00
LOS ANGELES COUNTY SIGNAL HILL PD $ 28,000.00
LOS ANGELES COUNTY SOUTH GATE PD $ 51,954.12
LOS ANGELES COUNTY SOUTH PASADENA PD $ 28,000.00
LOS ANGELES COUNTY TORRANCE PD $ 141,820.70
LOS ANGELES COUNTY VERNON PD $ 30,189.55
LOS ANGELES COUNTY WEST COVINA PD $ 65,293.69
December 12, 2022 3
41 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD $ 87,058.25
MADERA COUNTY CHOWCHILLA PD $ 20,000.00
MADERA COUNTY MADERA CO SO $ 75,122.84
MADERA COUNTY MADERA PD $ 40,720.79
MARIN COUNTY BELVEDERE PD $ 15,000.00
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY $ 28,000.00 MARIN COUNTY FAIRFAX PD $ 15,000.00
MARIN COUNTY MARIN CO SO $ 132,693.62
MARIN COUNTY MILL VALLEY PD $ 20,000.00
MARIN COUNTY NOVATO PD $ 39,316.63
MARIN COUNTY ROSS PD $ 15,000.00
MARIN COUNTY SAN RAFAEL PD $ 44,933.29
MARIN COUNTY SAUSALITO PD $ 15,000.00
MARIN COUNTY TIBURON PD $ 15,000.00
MARIPOSA COUNTY MARIPOSA CO SO $ 44,231.21
MENDOCINO COUNTY FORT BRAGG PD $ 15,000.00
MENDOCINO COUNTY MENDOCINO CO SO $ 75,824.93
MENDOCINO COUNTY UKIAH PD $ 20,000.00
MENDOCINO COUNTY WILLITS PD $ 15,000.00
MERCED COUNTY ATWATER PD $ 20,000.00
MERCED COUNTY DOS PALOS PD $ 15,000.00
MERCED COUNTY GUSTINE PD $ 15,000.00
MERCED COUNTY LIVINGSTON PD $ 15,000.00
MERCED COUNTY LOS BANOS PD $ 30,189.55
MERCED COUNTY MERCED CO SO $ 84,249.92
MERCED COUNTY MERCED PD $ 65,995.77
MODOC COUNTY ALTURAS PD $ 15,000.00
MODOC COUNTY MODOC CO SO $ 15,000.00
MONO COUNTY MAMMOTH LAKES PD $ 15,000.00
MONO COUNTY MONO CO SD $ 20,000.00
MONTEREY COUNTY CARMEL PD $ 15,000.00
MONTEREY COUNTY DEL REY OAKS PD $ 15,000.00
MONTEREY COUNTY GONZALES PD $ 15,000.00
MONTEREY COUNTY GREENFIELD PD $ 20,000.00
MONTEREY COUNTY KING CITY PD $ 15,000.00
MONTEREY COUNTY MARINA PD $ 25,000.00
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE $ 196,583.15 MONTEREY COUNTY MONTEREY PD $ 32,997.89
MONTEREY COUNTY PACIFIC GROVE PD $ 20,000.00
MONTEREY COUNTY SALINAS PD $ 96,887.41
MONTEREY COUNTY SAND CITY PD $ 15,000.00
MONTEREY COUNTY SEASIDE PD $ 25,000.00
MONTEREY COUNTY SOLEDAD PD $ 15,000.00
NAPA COUNTY CALISTOGA PD $ 15,000.00
NAPA COUNTY NAPA CO SO $ 72,314.51
NAPA COUNTY NAPA PD $ 44,933.29
NAPA COUNTY SAINT HELENA PD $ 15,000.00
NEVADA COUNTY GRASS VALLEY PD $ 25,000.00
NEVADA COUNTY NEVADA CITY PD $ 15,000.00
NEVADA COUNTY NEVADA CO SO $ 42,827.04
NEVADA COUNTY TRUCKEE PD $ 20,000.00
ORANGE COUNTY ANAHEIM PD $ 260,472.67
December 12, 2022 4
42 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD $ 41,422.88
ORANGE COUNTY BUENA PARK PD $ 58,272.86
ORANGE COUNTY COSTA MESA PD $ 93,376.99
ORANGE COUNTY CYPRESS PD $ 37,210.38
ORANGE COUNTY FOUNTAIN VALLEY PD $ 42,827.04
ORANGE COUNTY FULLERTON PD $ 79,335.34
ORANGE COUNTY GARDEN GROVE PD $ 122,162.38
ORANGE COUNTY HUNTINGTON BEACH PD $ 148,841.52
ORANGE COUNTY IRVINE PD $ 160,776.93
ORANGE COUNTY LA HABRA PD $ 50,549.95
ORANGE COUNTY LA PALMA PD $ 20,000.00
ORANGE COUNTY LAGUNA BEACH PD $ 34,402.05
ORANGE COUNTY LOS ALAMITOS PD $ 15,000.00
ORANGE COUNTY NEWPORT BEACH PD $ 94,079.08
ORANGE COUNTY ORANGE CO SD/CORONER $ 1,285,513.36
ORANGE COUNTY ORANGE PD $ 102,504.07
ORANGE COUNTY PLACENTIA PD $ 32,295.80
ORANGE COUNTY SANTA ANA PD $ 246,431.01
ORANGE COUNTY SEAL BEACH PD $ 28,000.00
ORANGE COUNTY TUSTIN PD $ 65,293.69
ORANGE COUNTY WESTMINSTER PD $ 57,570.78
PLACER COUNTY AUBURN PD $ 15,000.00
PLACER COUNTY LINCOLN PD $ 25,000.00
PLACER COUNTY PLACER COUNTY SO $ 176,222.75
PLACER COUNTY ROCKLIN PD $ 41,422.88
PLACER COUNTY ROSEVILLE PD $ 89,866.58
PLUMAS COUNTY PLUMAS CO SO $ 25,000.00
RIVERSIDE COUNTY BANNING PD $ 28,000.00
RIVERSIDE COUNTY BEAUMONT PD $ 35,104.13
RIVERSIDE COUNTY BLYTHE PD $ 20,000.00
RIVERSIDE COUNTY CATHEDRAL CITY PD $ 34,402.05
RIVERSIDE COUNTY CORONA PD $ 104,610.32
RIVERSIDE COUNTY DESERT HOT SPRINGS PD $ 25,000.00
RIVERSIDE COUNTY HEMET PD $ 48,443.70
RIVERSIDE COUNTY INDIO PD $ 44,933.29
RIVERSIDE COUNTY MENIFEE PD $ 53,358.28
RIVERSIDE COUNTY MURRIETA PD $ 70,910.35
RIVERSIDE COUNTY PALM SPRINGS PD $ 68,804.10
RIVERSIDE COUNTY RIVERSIDE CO SD $ 1,951,087.72
RIVERSIDE COUNTY RIVERSIDE PD $ 245,026.85
SACRAMENTO COUNTY AMTRAK PD $ 25,000.00
SACRAMENTO COUNTY CITRUS HEIGHTS PD $ 54,762.45
SACRAMENTO COUNTY ELK GROVE PD $ 89,866.58
SACRAMENTO COUNTY FOLSOM PD $ 51,252.03
SACRAMENTO COUNTY GALT PD $ 28,000.00
SACRAMENTO COUNTY SACRAMENTO CO SD $ 902,176.22
SACRAMENTO COUNTY SACRAMENTO PD $ 480,926.62
SAN BENITO COUNTY HOLLISTER PD $ 28,000.00
SAN BENITO COUNTY SAN BENITO CO SO $ 37,912.46
SAN BERNARDINO COUNTY BARSTOW PD $ 28,000.00
SAN BERNARDINO COUNTY CHINO PD $ 77,931.18
SAN BERNARDINO COUNTY COLTON PD $ 37,210.38
December 12, 2022 5
43 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD $ 136,204.04
SAN BERNARDINO COUNTY MONTCLAIR PD $ 32,295.80
SAN BERNARDINO COUNTY ONTARIO PD $ 193,072.73
SAN BERNARDINO COUNTY REDLANDS PD $ 55,464.53
SAN BERNARDINO COUNTY RIALTO PD $ 78,633.26
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD $ 1,347,296.63 SAN BERNARDINO COUNTY SAN BERNARDINO PD $ 172,010.25
SAN BERNARDINO COUNTY UPLAND PD $ 45,635.37
SAN DIEGO COUNTY CARLSBAD PD $ 84,952.00
SAN DIEGO COUNTY CHULA VISTA PD $ 163,585.26
SAN DIEGO COUNTY CORONADO PD $ 30,891.64
SAN DIEGO COUNTY EL CAJON PD $ 82,845.75
SAN DIEGO COUNTY ESCONDIDO PD $ 94,781.16
SAN DIEGO COUNTY LA MESA PD $ 42,124.96
SAN DIEGO COUNTY NATIONAL CITY PD $ 58,272.86
SAN DIEGO COUNTY OCEANSIDE PD $ 142,522.78
SAN DIEGO COUNTY SAN DIEGO CO SD $ 1,809,969.10
SAN DIEGO COUNTY SAN DIEGO PD $ 1,263,046.71
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO $ 536,391.15
SAN FRANCISCO COUNTY SAN FRANCISCO PD $ 1,407,675.74
SAN JOAQUIN COUNTY ESCALON PD $ 15,000.00
SAN JOAQUIN COUNTY LODI PD $ 47,741.62
SAN JOAQUIN COUNTY MANTECA PD $ 51,252.03
SAN JOAQUIN COUNTY RIPON PD $ 20,000.00
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO $ 223,262.29
SAN JOAQUIN COUNTY STOCKTON PD $ 275,918.49
SAN JOAQUIN COUNTY TRACY PD $ 73,718.68
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD $ 20,000.00
SAN LUIS OBISPO COUNTY ATASCADERO PD $ 25,000.00
SAN LUIS OBISPO COUNTY GROVER BEACH PD $ 20,000.00
SAN LUIS OBISPO COUNTY MORRO BAY PD $ 15,000.00
SAN LUIS OBISPO COUNTY PASO ROBLES PD $ 28,000.00
SAN LUIS OBISPO COUNTY PISMO BEACH PD $ 20,000.00
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO $ 216,943.54 SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD $ 42,124.96
SAN MATEO COUNTY ATHERTON PD $ 20,000.00
SAN MATEO COUNTY BELMONT PD $ 25,000.00
SAN MATEO COUNTY BRISBANE PD $ 15,000.00
SAN MATEO COUNTY BROADMOOR PD $ 15,000.00
SAN MATEO COUNTY BURLINGAME PD $ 28,000.00
SAN MATEO COUNTY COLMA PD $ 15,000.00
SAN MATEO COUNTY DALY CITY PD $ 63,889.52
SAN MATEO COUNTY EAST PALO ALTO PD $ 25,000.00
SAN MATEO COUNTY FOSTER CITY PD $ 28,000.00
SAN MATEO COUNTY HILLSBOROUGH PD $ 25,000.00
SAN MATEO COUNTY MENLO PARK PD $ 28,785.39
SAN MATEO COUNTY PACIFICA PD $ 25,000.00
SAN MATEO COUNTY REDWOOD CITY PD $ 56,166.61
SAN MATEO COUNTY SAN BRUNO PD $ 31,593.72
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE $ 202,199.81 SAN MATEO COUNTY SAN MATEO PD $ 75,122.84
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD $ 53,358.28
December 12, 2022 6
44 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD $ 15,000.00
SANTA BARBARA COUNTY LOMPOC PD $ 28,785.39
SANTA BARBARA COUNTY SANTA BARBARA CO SO $ 348,233.00
SANTA BARBARA COUNTY SANTA BARBARA PD $ 82,143.67
SANTA BARBARA COUNTY SANTA MARIA PD $ 83,547.84
SANTA CLARA COUNTY CAMPBELL PD $ 30,189.55
SANTA CLARA COUNTY GILROY PD $ 43,529.13
SANTA CLARA COUNTY LOS ALTOS PD $ 28,000.00
SANTA CLARA COUNTY LOS GATOS PD $ 28,000.00
SANTA CLARA COUNTY MILPITAS PD $ 60,379.11
SANTA CLARA COUNTY MORGAN HILL PD $ 28,000.00
SANTA CLARA COUNTY MOUNTAIN VIEW PD $ 57,570.78
SANTA CLARA COUNTY PALO ALTO PD $ 47,741.62
SANTA CLARA COUNTY SAN JOSE PD $ 758,951.36
SANTA CLARA COUNTY SANTA CLARA CO SO $ 841,095.03
SANTA CLARA COUNTY SANTA CLARA PD $ 98,291.57
SANTA CLARA COUNTY SUNNYVALE DPS $ 139,012.37
SANTA CRUZ COUNTY CAPITOLA PD $ 20,000.00
SANTA CRUZ COUNTY SANTA CRUZ CO SO $ 101,801.99
SANTA CRUZ COUNTY SANTA CRUZ PD $ 50,549.95
SANTA CRUZ COUNTY SCOTTS VALLEY PD $ 15,000.00
SANTA CRUZ COUNTY WATSONVILLE PD $ 47,039.54
SHASTA COUNTY ANDERSON PD $ 15,000.00
SHASTA COUNTY REDDING PD $ 72,314.51
SHASTA COUNTY SHASTA CO SO $ 82,845.75
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE $ 15,000.00
SISKIYOU COUNTY ETNA PD $ 15,000.00
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD $ 15,000.00
SISKIYOU COUNTY MOUNT SHASTA PD $ 15,000.00
SISKIYOU COUNTY SISKIYOU CO SD $ 45,635.37
SISKIYOU COUNTY TULELAKE PD $ 15,000.00
SISKIYOU COUNTY WEED PD $ 15,000.00
SISKIYOU COUNTY YREKA PD $ 15,000.00
SOLANO COUNTY BENICIA PD $ 28,000.00
SOLANO COUNTY DIXON PD $ 20,000.00
SOLANO COUNTY FAIRFIELD PD $ 82,143.67
SOLANO COUNTY SOLANO CO SO $ 120,056.14
SOLANO COUNTY SUISUN CITY PD $ 20,000.00
SOLANO COUNTY VACAVILLE PD $ 70,208.27
SOLANO COUNTY VALLEJO PD $ 61,783.27
SONOMA COUNTY CLOVERDALE PD $ 15,000.00
SONOMA COUNTY COTATI PD $ 15,000.00
SONOMA COUNTY HEALDSBURG PD $ 15,000.00
SONOMA COUNTY PETALUMA PD $ 46,337.46
SONOMA COUNTY ROHNERT PARK DPS $ 51,252.03
SONOMA COUNTY SANTA ROSA PD $ 117,247.80
SONOMA COUNTY SEBASTOPOL PD $ 15,000.00
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE $ 287,151.81
STANISLAUS COUNTY CERES DPS $ 32,997.89
STANISLAUS COUNTY MODESTO PD $ 127,779.04
STANISLAUS COUNTY NEWMAN PD $ 15,000.00
STANISLAUS COUNTY OAKDALE PD $ 20,000.00
December 12, 2022 7
45 Item 8 D.

COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD $ 369,997.56
STANISLAUS COUNTY TURLOCK PD $ 57,570.78
SUTTER COUNTY SUTTER CO SO $ 70,910.35
SUTTER COUNTY YUBA CITY PD $ 41,422.88
TEHEMA COUNTY CORNING PD $ 15,000.00
TEHEMA COUNTY RED BLUFF PD $ 20,000.00
TEHEMA COUNTY TEHAMA CO SO $ 47,039.54
TRINITY COUNTY TRINITY COUNTY SO $ 28,000.00
TULARE COUNTY DINUBA PD $ 28,000.00
TULARE COUNTY EXETER PD $ 15,000.00
TULARE COUNTY FARMERSVILLE PD $ 15,000.00
TULARE COUNTY LINDSAY DPS $ 15,000.00
TULARE COUNTY PORTERVILLE PD $ 46,337.46
TULARE COUNTY TULARE CO SO $ 358,062.16
TULARE COUNTY TULARE PD $ 46,337.46
TULARE COUNTY VISALIA PD $ 102,504.07
TULARE COUNTY WOODLAKE PD $ 15,000.00
TUOLUMNE COUNTY SONORA PD $ 15,000.00
TUOLUMNE COUNTY TUOLUMNE CO SO $ 65,293.69
VENTURA COUNTY OXNARD PD $ 152,351.94
VENTURA COUNTY PORT HUENEME PD $ 20,000.00
VENTURA COUNTY SANTA PAULA PD $ 25,000.00
VENTURA COUNTY SIMI VALLEY PD $ 77,229.09
VENTURA COUNTY VENTURA CO SO $ 503,393.27
VENTURA COUNTY VENTURA PD $ 95,483.24
YOLO COUNTY DAVIS PD $ 39,316.63
YOLO COUNTY WEST SACRAMENTO PD $ 47,741.62
YOLO COUNTY WINTERS PD $ 15,000.00
YOLO COUNTY WOODLAND PD $ 47,039.54
YOLO COUNTY YOLO CO SHERIFF'S OFFICE $ 54,060.37
YUBA COUNTY MARYSVILLE PD $ 15,000.00
YUBA COUNTY WHEATLAND PD $ 15,000.00
YUBA COUNTY YUBA CO SD $ 73,016.60
December 12, 2022 8
46 Item 8 D.

RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AMENDING THE FY 2023-24 BUDGET BY ACCEPTING $20,000 FROM THE CALIFORNIA BOARD OF STATE

AND COMMUNITY CORRECTIONS (BSCC) GRANT REVENUES AND APPROPRIATING THEM TO FUND AN OFFICER WELLNESS AND MENTAL HEALTH INITIATIVE.

WHEREAS, the California Board of State and Community Corrections (BSCC) has awarded the Capitola Police Department a grant to fund an officer wellness and mental health initiative; and
WHEREAS, reimbursable costs total $20,000 and an application has been submitted therefore; and
WHEREAS, budget amendments are necessary to accept and appropriate these funds.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola that the FY 2023-24 general fund budget is amended to accept $20,000 unanticipated revenues and increase the appropriation for grant program expenditures in the Police Department budget a like amount.

BE IT FURTHER RESOLVED that the Finance Department shall record these changes into the City's accounting records in accordance with appropriate accounting practices.

I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 13th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Julia Moss, City Clerk
Margaux Keiser, Mayor
47 Item 8 D.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: Public Works and Community Development Departments Subject: Grant Application for Cliff Drive Roadway Stabilization Design and Alternatives Analysis
Recommended Action: Adopt a resolution authorizing the application for grant funds in the amount of $400,000 from the California Coastal Commission Local Coastal Program (LCP) Local Assistance Grant Program, and authorizing the City Manager, or his designee, to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.

Background: The California Coastal Commission (CCC) Local Coastal Program (LCP) Local Assistance Grant Program provides up to $500,000 in non-competitive funding to assist local governments responsible for developing and amending LCPs. Funds may be used for projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component.

Cliff Drive is a heavily used arterial and a primary evacuation route for the low‐lying Capitola Village mixed-use district. Cliff Drive is also a primary coastal access point with low‐cost coastal public access parking and a stairway to the beach. The City’s LCP currently identifies Cliff Drive as a priority for coastal access improvements (Policy II-4) as the pedestrian and bicycle facilities currently consist of an unimproved road shoulder. Improvements to coastal access cannot be made at this time as episodic bluff erosion threatens the roadway, as most recently demonstrated during the January 5, 2023, winter storm which necessitated closure of several parking spots adjacent to the roadway.

Discussion: Staff proposes to apply for the CCC LCP Local Assistance Grant Program in the amount of $400,00 to perform an Alternatives Analysis, which will inform amendments to the Public Access and Natural Hazards Components of the City’s LCP and be integrated into a future anticipated project on Cliff Drive.

The Alternatives Analysis will be a culmination of:
 Community & Stakeholder Engagement under a transparent, community-based planning process that allows Capitola community members to provide ideas and comments to inform the development of alternatives for the project.
 Regulatory Engagement between City staff and regulatory agencies (inclusive of the CCC), to ensure agencies’ needs and concerns are considered in the project alternatives. Anticipated are two meetings with California Coastal Commission (CCC) staff, and one meeting including the following agencies: United States Army Corps of Engineers (USACE), San Francisco Region Water Quality Board (SFRWQB), CA Fish & Wildlife (CDFW), and California State Lands Commission (CSLC).  Technical and Environmental Studies including Wave Runup, Sand Supply Study, Geotechnical, Topographic, Biological, and Cultural Resource studies and assessments.

The completed Alternatives Analysis will be leveraged in future funding requests to implement measures identified in the Alternatives Analysis. Future requests would include preliminary and final design, project permitting, and construction funds for both preserving road utility and enhancing public coastal access on Cliff Drive.
48 Item 8 E.

Fiscal Impact: The requested grant amount is $400,000. Staff anticipates an in-kind staff time match to this grant of approximately $48,000 split between the Community Development and Public Works Departments.

Attachments:

1. Grant Application

2. Resolution
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Jessica Kahn, Public Works Director; Julia Moss, City Clerk; Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
49 Item 8 E.

APPLICATION FORM

APPLICANT INFORMATION
Applicant name (agency): City of Capitola
Address: 420 Capitola Avenue, Capitola, CA 95010
Primary Contact name: Katie Herlihy Title:

Telephone: 831-475-7300 x216 Fax: 831-479-8879
Email: Community Development Director
Federal Tax ID#: 94-600-2834
Person authorized to sign grant agreement, amendments, and Request for Funds:

Name: Jamie Goldstein Title: City Manager
Telephone: 831-475-7300 x258 Email: [email protected]

PROJECT INFORMATION
Project Title: Cliff Drive Resiliency Project – Alternatives Analysis LCP/LCP Segment: Public Access Component
Project Location
City/Geographic area: City of Capitola
County: Santa Cruz
Project Timeline
Start date: 07/01/2023 End date: 06/30/2025
Signature: Date:
50 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Project Description
Cliff Drive Resiliency Project – Alternatives Analysis
The City of Capitola seeks to protect public access, public recreation, and coastal dependent land uses currently established on and accessible by Cliff Drive by amending the City’s LCP to reflect continuing episodic bluff erosion. The project will include an Alternatives Analysis, which will inform amendments to the Public Access Component of the City’s Local Coastal Program and be integrated into a future anticipated project on Cliff Drive. The completed Alternatives Analysis will be leveraged in future funding requests to implement measures identified in the Alternatives Analysis.

Cliff Drive is a heavily used, arterial and a primary evacuation route for the low‐lying Capitola Village mixed-use district. Cliff Drive is also a primary coastal access point with low‐cost coastal public access parking and stairway to the beach. The City’s LCP currently identifies Cliff Drive as a priority for coastal access improvements (Policy II-4) as the pedestrian and bicycle facilities currently consists of an unimproved road shoulder. Improvements for coastal access cannot be made at this time as episodic bluff erosion threatens the roadway. The purpose of this project is to identify a preferred alternative to improve the road structure and configuration, which will then be incorporated as an amendment to the LCP.

The Alternatives Analysis will be a culmination of:

Community & Stakeholder Engagement under a transparent, community-based planning process that allows Capitola community members to provide ideas and comments to inform the development of alternatives for the project.

Regulatory Engagement between City staff and regulatory agencies (inclusive of the CCC), to ensure agencies’ needs and concerns are considered in the project alternatives.

Anticipated are two meetings with California Coastal Commission (CCC) staff, and one meeting including the following agencies: United States Army Corps of Engineers (USACE), San Francisco Region Water Quality Board (SFRWQB), CA Fish & Wildlife (CDFW), and California State Lands Commission (CSLC).

Technical and Environmental Studies including Wave Runup, Sand Supply Study, Geotechnical, Topographic, Biological, and Cultural Resource studies and assessments Beach and bluff access to the coastline is a crucial element of Capitola’s coastal character and is valued by the community. The loss or disruption of these assets could have far reaching impacts and affect everyone in Capitola, not just those living or doing business in the Coastal Zone. The Cliff Drive Resiliency Alternatives Analysis will allow the City to identify a preferred improvement alterative and create policies that will protect Cliff Drive utility and provide for coastal access enhancements.
51 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Task Descriptions
Task 1: Project Initiation
City staff does not have the expertise to conduct an adequate analysis of resiliency options on Cliff Drive. In order to develop a report to adequately make revisions to the City’s LCP and utilize it as a foundation for future potential improvements along the bluff side access along Capitola’s shoreline, and outside consultant will need to be procured to perform the work.

Following the Execution of the Grant Agreement, the City will select and enter into contract with a qualified consultant to complete the scope of work through the normal bidding process. The City and consultant will then conduct a kickoff meeting discuss the project objectives, schedule and milestones, and identify issues for further discussion, cumulating in a project roadmap. This meeting will also serve to start the process for gathering existing background materials and information.

Subtasks:

1.1 Develop and release Request for Proposals (RFP) to procure qualified consultant

1.2 Select consultant and enter into agreement

1.3 Kick off meeting to discuss project objectives, schedule, milestones

1.4 Initial gathering of existing background materials/information Outcomes/Deliverables:
 RFP seeking qualified firms for project scope
 Executed contract between City and Consultant
 Kick off meeting material and Project Roadmap
Task 2: Community & Stakeholder Engagement
The consultant will design and conduct a transparent, community-based planning process that allows Capitola community members to provide ideas and comments to inform the development of improvement alternatives. This approach recognizes that local stakeholders are most familiar with the needs and issues of the surrounding community, and leverage their knowledge and interest as valuable assets. Throughout the process, stakeholders will have direct access to relevant project information and will have multiple opportunities to provide input on all project concepts.

The consultant will develop a Community & Stakeholder Engagement Strategy that will serve as the roadmap for meaningful, effective engagement throughout the planning process. The memo will identify desired public participation outcomes for the project, and it will detail the specific stakeholder communication and engagement activities that will be implemented to achieve those outcomes .

The City intends on convening three public workshops to educate stakeholders on the project and to actively engage them in the identification of needs, priorities, and ultimately 52 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

the identification of improvement alternatives. The workshops will be held at strategic times in the process around key project milestones.

The consultant will facilitate a series of meetings between City staff and regulatory agencies during the alternative design process to ensure agencies’ needs and concerns are considered in the improvement alternatives. Anticipated are two meetings with California Coastal Commission (CCC) staff, and one meeting including the following agencies: United States Army Corps of Engineers (USACE), San Francisco Region Water Quality Board (SFRWQB), CA Fish & Wildlife (CDFW), and California State Lands Commission (CSLC).

Subtasks:

2.1. Community & Stakeholder Engagement Memo outlining project engagement

2.2. Materials and agendas for three public meetings

2.3. Materials and agendas for regulatory agency meetings Outcomes/Deliverables:
 Community & Stakeholder Engagement Memo outlining project engagement  Materials and agendas for three public meetings
 Materials and agendas for regulatory agency meetings
Task 3: Technical Studies
These studies are critical to providing a sound technical basis for describing the need for improvements and informing feasibility.

Wave Runup Study and Sand Supply Study: This analysis would include wave activity and sand supply/transport processes for normal conditions (long term average) as well as storm/extreme conditions. The long-term average would give a sense of expected beach/bluff conditions that would occur the majority of the time, and the storm conditions would allow impact evaluation with regards to permanent damage to beach, bluff, and infrastructure. A discussion of Sea Level Rise, Wave Runup, and Tsunami Hazards will be provided as part of this work. This study would also address the “no action alternative” describing what would happen in the absence of bluff protection measures.

The purpose of the geotechnical study is to assess surface and subsurface conditions in the site area. This is accomplished by reviewing existing information, conducting a subsurface investigation, perform slope stability analysis and other site-specific analysis to provide the necessary geotechnical recommendations for the proposed bluff protection measures.

The Topographic Survey is intended to document existing ground elevations prior to starting the design effort. In addition to topography, the survey effort will include location of existing utilities, other infrastructure in the vicinity, and property boundaries. 53 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Subtasks:

3.1. Analysis of wave activity and sand supply processes for normal and extreme conditions and impact of bluff protection

3.2. Preliminary assessment of surface and subsurface conditions to provide geotechnical recommendations

3.3. Topographic survey of existing ground elevations to aid in design Outcomes/Deliverables:
 Wave Runup Study
 Sand Supply Study
 Geotechnical Report
 Topographic and Utility survey Data
Task 4: Environmental Documentation
The following assessments will inform the criteria for the evaluations of alternatives under Task 5.

The consultant will complete a Biological Resources Assessment to document the biological baseline setting for the project area. The objective of the assessment will be to provide information on sensitive biological resources so that the project alternatives can be considered to avoid and/or minimize any potentially significant impacts. Potential impacts to sensitive habitats and/or species will be identified and a list of plant species recommended to revegetate areas disturbed by potential future activities to assist in reducing erosion.

The consultant will complete a Cultural Resources Assessment to document the cultural baseline setting for the project area. A reconnaissance-level investigation of pre-historic and historic archaeological resources for the proposed project will be performed, including a search of the California Historical Resources Information System and consultation with Native American tribes through the Native American Heritage Commission. The objective of the assessment will be to provide information on sensitive cultural resources so that the project alternatives can be considered to avoid and/or minimize any potentially significant impacts.

Subtasks:

4.1. Analysis of biological and cultural resource assessments Outcomes/Deliverables:
 Biological Assessment
 Cultural Resource Assessment
54 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Task 5: Alternatives Analysis
With a solid understanding of the existing conditions and the potential risks along this reach of shoreline, the consultant will develop practical and creative resiliency options that solve the issues being faced while looking for opportunities to enhance or revitalize the area.

Enhancements will be included in functional design feature alternatives, such as high value public space features like pedestrian improvements, coastal overlooks, and benches.

The consultant will develop project design alternatives, including no project alternatives. A multi-criteria decision matrix will be prepared comparing the advantages and disadvantages of each considering topic areas such as environmental impacts, visual impacts, flood reduction, habitat creation, recreational opportunities and initial and maintenance costs.

Those alternatives that are found to be feasible will be further evaluated and refined, leading ultimately to the determination of the preferred alternative.

Subtasks:

5.1. Evaluation of technical merit, construction cost, maintenance needs, service life and environmental impact.

5.2. Identification of preferred alternative
Outcomes/Deliverables:
 Alternatives Analysis Report (Draft and Final)
Task 6: LCP Amendment
Develop amendments to the Local Coastal Plan in order to facilitate improvements proposed in the identified project alternative on Cliff Drive. LCP amendments are anticipated to include changes to the Public Access Component. Such amendments will be informed by the Alternatives Analysis Report developed under Task 5 and agency coordination, including the CCC, conducted under Task 2.

Subtasks:

6.1. Develop, circulate, and revise Administrative Draft LCP Amendment based on outcomes of Task 5

6.2. Council adopts Final LCP Amendment for submission to the Coastal Commission

6.3. City submits locally adopted LCP Amendment to the Coastal Commission for adoption
Outcomes/Deliverables:
 Administrative Draft LCP Amendments
 Public Draft LCP Amendments
 Revised Draft LCP Amendments
 Council resolution adopting LCP Amendments
 LCP Amendment submittal to the CCC
55 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Schedule
Proposed Start/End Dates: July 1, 2023 – June 30, 2025
Task 1. Project Initiation Projected start/end dates:

1.1 Develop and release Request for
Proposals (RFP) to procure qualified
consultant
7/1/23 – 7/30/23

1.2 Select consultant and enter into
agreement
8/1/23-8/30/23

1.3 Kick off meeting to discuss project
objectives, schedule, milestones. 10/1/23

1.4 Initial gathering of existing
background materials/information 9/15/23-10/15/23
Outcome/Deliverables:
a. RFP seeking qualified firms for
project scope
b. Executed Contact between City
and Consultant
c. Project Plan
a. July 2024
b. 9/1/23
c. 10/1/23
Task 2. Community & Stakeholder
Engagement Projected start/end dates:

2.1 Develop a Community &
Stakeholder Engagement Strategy 12/1/23-1/31/24

2.2 Convene three public workshops to
educate stakeholders on the project
and to actively engage them in the
identification of needs, priorities, and
ultimately the identification of project
alternatives.

Tentatively January, March, and June 2024

2.3 Meetings regulatory agencies during
the alternative design process to ensure
agencies’ needs and concerns are
considered in the project alternatives.

Meetings are anticipated with
CCC,USACE,CCRWQCB, CDFW, and CSLC
Various
Outcome/Deliverables
a. Community & Stakeholder
Engagement Memo outlining
project engagement.
b. Materials and agendas for three
public meetings
c. Materials and agendas for
regulatory agency meetings
a. April 2024
b. Various
c. Various
56 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Task 3. Technical Studies Projected start/end dates:

3.1 Analysis of wave activity and sand
supply processes for normal and
extreme conditions and impact of bluff
protection
10/1/23-12/31/23

3.2 Preliminary assessment of surface
and subsurface conditions to provide
geotechnical recommendations
10/1/23-2/28/24

3.3 Topographic survey of existing
ground elevations to aid in design 9/1/23-10/31/23
Outcome/Deliverables
a. Wave Runup Study
b. Sand Supply Study
c. Geotechnical Report
d. Topographic and Utility survey
Data
a. January 2024
b. January 2024
c. March 2024
d. December 2023
Task 4. Environmental Documentation Projected start/end dates:

4.1 Complete biological and
archeological assessments 10/1/23 - 1/31/24
Outcome/Deliverables
d. Biological Assessment
e. Archaeological Resources
Assessment
a. February 2024
b. February 2024
Task 5. Alternatives Analysis Projected start/end dates:

5.1 Evaluation of technical merit,
construction cost, maintenance needs,
service life and environmental impact
1/1/24-4/30/24

5.2 Identification of preferred
alternative 5/1/24-6/30/24
Outcome/Deliverables
a. Alternatives Analysis Report
(Draft and Final)
a. July 2024
Task 6. LCP Amendment Projected start/end dates:

6.1 Develop, circulate, and revise
Administrative Draft LCP Amendment
based on outcomes of Task 5
8/1/24 - 2/28/25

6.2 Council adopts Final LCP
Amendment for submission to the
Coastal Commission
4/1/25-4/30/25

6.3 City submits locally adopted LCP
Amendment to the Coastal Commission
for adoption
5/1/25-6/30/25
Outcome/Deliverables a. December 2024
57 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

a. Administrative Draft LCP
Amendments
b. Public Draft LCP Amendments
c. Revised Draft LCP Amendments
d. Council resolution adopting LCP
Amendments
e. LCP Amendment submittal to
the CCC
b. January 2025
c. March 2025
d. April 2025
e. May 2025
Benchmark Schedule

ACTIVITY COMPLETION DATE
Kickoff meeting with selected consultant October 2023
Alternatives Analysis Report July 2024
Final LCP Amendment March 2025
Locally adopted LCP and submittal to the CCC May 2025
58 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Application Budget Information
Funding Request: $400,000 Total Project Cost: $448,000
Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
LABOR COSTS1
City Staff Labor
Task 1 – Project Initiation $0 $2,000 $2,000
Task 2 – Community &
Stakeholder Engagement $0 $6,000 $6,000
Task 3 – Technical Studies $0 $0 $0
Task 4 – Environmental
Documentation
$0 $0 $0
Task 5 – Alternatives Analysis $0 $10,000 $10,000
Task 6 – LCP Amendment $0 $30,000 $30,000
Total Labor Costs $0 $48,000 $48,000

DIRECT COSTS
County/City Staff Project Supplies
Community Meeting
Materials and Supplies $5,000 $0 $5,000
Printing and Noticing $5,000 $0 $5,000
Total $10,000 $0 $10,000
County/City Staff Travel In State2
Mileage $0 $0 $0
Hotel, etc. $0 $0 $0
Total $0 $0 $0
Consultants3/Partners
Consultant TBD
Task 1 – Project Initiation $25,000 $0 $25,000
Task 2 – Community &
Stakeholder Engagement $60,000 $0 $60,000
Task 3 – Technical Studies $200,000 $0 $200,000
Task 4 – Environmental
Documentation
$20,000 $0 $20,000

1 Amount requested should include total for salary and benefits. 2 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. 59 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Task 5 – Alternatives Analysis $75,000 $0 $75,000
Task 6 – LCP Amendment $10,000 $10,000
Consultants Total $390,000 $0 $390,000
Total Direct Costs $390,000 $0 $390,000
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs $0 $0 $0
TOTAL PROJECT COST $400,000 $48,000 $448,000

4 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.”
60 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE CALIFORNIA COASTAL COMMISSION’S LCP LOCAL ASSISTANCE

GRANT PROGRAM
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, City of Capitola has an effectively certified LCP; and WHEREAS, the City of Capitola desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP in part; and
WHEREAS, the City of Capitola commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Capitola, hereby:

1. Directs staff to submit the grant application package attached hereto as Attachment 1 to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $400,000 to fund the project more particularly described in the grant application package.

2. Authorizes the City Manager of the City of Capitola, to execute, in the name of the City of Capitola, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.

I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 13th day of April, 2023 by the following vote:
61 Item 8 E.

LCP Local Assistance Grant Program
City of Capitola: Cliff Drive Resiliency Project – Alternatives Analysis

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Keiser, Mayor
ATTEST:
_______________________
Julia Moss, City Clerk
62 Item 8 E.

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE CALIFORNIA COASTAL COMMISSION’S LCP LOCAL ASSISTANCE

GRANT PROGRAM
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, City of Capitola has an effectively certified LCP; and WHEREAS, the City of Capitola desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP in part; and
WHEREAS, the City of Capitola commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Capitola, hereby:

1. Directs staff to submit the grant application package attached hereto as Attachment 1 to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $400,000 to fund the project more particularly described in the grant application package.

2. Authorizes the City Manager, or his designee, of the City of Capitola, to execute, in the name of the City of Capitola, all necessary applications, contracts and agreements and 63 Item 8 E.
amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.

I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 13th day of April, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Keiser, Mayor
ATTEST:
_______________________
Julia Moss, City Clerk
64 Item 8 E.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: City Manager Department
Subject: California Assembly Bill 1035
Recommended Action: Authorize the Mayor to sign a letter in support of California Assembly Bill 1035, which proposes a statewide ceiling on mobile home space rent increases.

Background: At the March 23, 2023, City Council meeting, Vice Mayor Brown requested an item be brought forward to Council to support proposed California State Assembly Bill 1035 (AB1035), which prohibits management of a mobile home park from increasing the gross space rental rate more than 3% (plus the percentage change in cost of living) over the course of any 12-month period.

Assemblymember Al Muratsuchi (District 66) presented AB1035 to the California Assembly on February 15, 2023; the Bill was referred to the Committee on Housing and Community Development on March 2, 2023.

The California League of Cities has not taken an official position on AB1035.

Discussion: Attached is a letter of support for AB1035, which, once signed, will be sent to the California Committee on Housing and Community Development, with copies to Senator Laird and Assemblymember Addis.

Fiscal Impact: None.

Attachments:

1. Letter of Support
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed/Approved By: Julia Moss, City Clerk; Jamie Goldstein, City Manager 65 Item 8 F.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: www.cityofcapitola.org
April 14, 2023
The Committee on Housing and Community Development
1020 N Street, Room 156
Sacramento, California 95814
Subject: City of Capitola’s Support of California AB 1035 (Muratsuchi) Dear Chair Wicks and Vice Chair Patterson,
I am writing to you on behalf of the City of Capitola to express support of California Assembly Bill 1035. This bill would prohibit management of a mobile home park from increasing the gross rental rate more than 3% (plus the percentage change in cost of living) over the course of any 12-month period.

Like the surge in home prices, the cost of renting is steadily increasing, making California increasingly unaffordable. Half of California’s renters pay more than 30% of their income on rent; almost 1 in 3 renters pay 50% or more of their income on rent each month. According to data collected in 2018, 39.2% of our residents are renters and though sometimes overlooked, the rising rent crisis also impacts manufactured home park residents. In Capitola, 14% of housing units are mobile homes; they are installed in eight mobile home parks varying in size from 36 to 114 units.

The proposed statewide rent cap for mobile home housing residents protects mobile home renters from park owners indiscriminately raising rent, ensuring that longtime renters feel safe. In Capitola, we want our mobile home renters to know they will not be forced to leave their homes and community due to unexpected and prohibitively high spikes in rent.

For these reasons, the City of Capitola supports Assembly Bill 1035 (Muratsuchi).

Sincerely,
Margaux Keiser
Mayor, City of Capitola
66 Item 8 F.

Memo
To: City Council
From: Austin Westly, Deputy City Clerk
Date: April 12, 2023
Re: Removal of Item 9A
At the request of the dog park proponents, staff is removing Item 9A from the April 13, 2023, City Council agenda. Staff has communicated with the proponents to notify members of the public and the school district that the item has been removed.

CITY CLERK
67 Item 9 A.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: Public Works Department
Subject: Establishment of an Off-Leash Dog Area in a City Park Recommended Action: Provide direction to staff for establishment of additional off-leash dog areas within public parks.

Background: The City of Capitola has an established off-leash dog park at McGregor Park. Dogs are currently permitted on leash at Monterey Avenue Park, Noble Gulch Park, Perry Park, Soquel Creek Park, Jade Street Park, and Esplanade Park.

On September 22, 2022, the City Council was presented with a community petition to establish an offleash dog area in Monterey Avenue Park. Public Works staff notified residents and owners within 500 feet of Monterey Avenue Park, and seven members of the public spoke in support of the petition.

Monterey Avenue Park is currently used by New Brighton Middle School on weekdays from 8 a.m. to 4 p.m. for physical education classes and after-school team activities. The field is also rented by youth softball and soccer sports leagues from 4 p.m. to 8 p.m. during the week and 10 a.m. to 3 p.m. on Saturdays. During the September 22, 2022, the City Council directed staff to work with the community to explore alternatives to the Monterey Avenue Park proposal, due to conflicts with current park uses.

Discussion: Staff met with representatives of the community group in October and November of 2022 and presented the following options for off-leash dog areas (Attachment 1):

Noble Gulch Park:

This park was previously identified as a potential off-leash dog area in 2007. Staff proposed collectively identifying modifications to the rear dirt area to better accommodate off-leash dogs.

The community group declined this proposal due to the lack of turf (creating muddy conditions) and proximity to the roadway.

Monterey Avenue Park:

In consideration of other park uses, any off-leash dog area in Monterey Park would need to be fenced. Staff proposed two locations to minimize impacts to current park uses. Option A would enclose an approximately 9,000 square foot area in the northeastern corner of the park, closest to Monterey Avenue. Option B would enclose a small, approximately 6,000 square foot area in the southwest corner of the park, closest to New Brighton Middle School. Both options would require the purchase and installation of fencing and regular maintenance of the dog park area (disposal receptable, bags, etc.).

The community group subsequently presented staff with an alternative to the staff proposed areas in Monterey Avenue Park (Figure 1). This alternative would require adjusting the established walkway, planting turf in the previous walkway footprint, in addition to installing fencing and ongoing maintenance. 68 Item 9 A.

Figure 1. Off-leash dog area as proposed by community group On Wednesday, March 29, staff held a virtual community meeting to provide information and solicit feedback from the community. Residents and owners within 500 feet of Monterey Avenue Park were provided with notice of this meeting. There were 15 community members in attendance. The meeting resulted in generally positive feedback from dog park users, along with concerns from community members. Particularly noted was the need for noise dampening between the proposed dog park and adjacent homes and concern of an increased intensity of park use, both inside and outside the off-leash area, by non-responsible dog owners. Questions were posed regarding park hours, enforcement of use, and the possibility of temporary fencing prior to the establishment of a permanent fenced dog area.

In preparation of this report, Staff evaluated the proposed off-leash dog area in the field and developed the following schematic to scale with the existing soccer field striping (Figure 2). Based on this evaluation the enclosed dog area would be considerably smaller than the proposal brought forward by the community group.
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Figure 2.Sacle Drawing of Off-leash Dog Area
Staff have been in contact with Soquel Union Elementary School District (District) regarding a fenced dog area in Monterey Park. District representatives have indicated that they are not in support of any off leash dog areas in the park due to the potential of excessive barking and increased dog waste interfering with student and District staff use of the park area.

Based on the existing uses in the park area and District feedback, staff does not consider a fenced-in dog area, as proposed by the community group, a compatible use in Monterey Park.

Fiscal Impact: If directed to move forward with establishment of an off-leash dog area, staff would incorporate the project into the FY 23-24 budget. The cost for establishment of the option featured in Figure 1 in Monterey Avenue Park is estimated at $25,000. Costs of alterative options presented would vary depending on location and scope.

Soccer Field
250’x160’ 10’ buffer
45’
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Attachments:

1. Staff proposed off-leash dog area locations
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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Noble Gulch Park - Potential Location for Off-Leash Dogs County of Santa Cruz
November 14, 2022
0 40 80 160 ft
0 12.5 25 50 m
1:960
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Noble Gulch Park ‐ Potential Location for Off‐Leash Dogs                     North (rear) of the Park 73 Item 9 A.

Monterey Avenue Park - Potential Fenced Locations for Off-Leash Dogs County of Santa Cruz
November 14, 2022
0 40 80 160 ft
0 12.5 25 50 m
1:960
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Monterey Avenue Park ‐ Potential Fenced Locations for Off‐Leash Dogs              Option A – NE Corner (front) of the Park 75 Item 9 A.

Monterey Avenue Park ‐ Potential Fenced Locations for Off‐Leash Dogs              Option B – SW Corner (rear) of the Park 76 Item 9 A.

Memo
To: City Council
From: Julia Moss, City Clerk
Date: April 11, 2023
Re: Removal of Item 9B
Staff is removing Item 9B from the April 13, 2023, City Council agenda at the request of the appellant.

The attached letter was received from the appellant’s legal representative on April 10, 2023.

This public hearing will be rescheduled pending the arbitration between the appellant and their landlord, and appropriately re-noticed.

CITY CLERK
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1 Moss, Julia
From: James Anthony <[email protected]>
Sent: Monday, April 10, 2023 5:13 PM
To: Samantha Zutler; Moss, Julia
Cc: Burke, Tamar M.; Hannah Young; Jamila Colbert; Drew Sanchez; Firehouse Brew & Grill; [email protected]
Subject: [PDF] Urgent: Request for continuance: City of Capitola CC meeting of 4/13/23: Capitola Bar & Grill's Appeal of Entertainment Permit Denial
Attachments: Notice of Request for Emergency Arbitrator.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Dear Madam Clerk and Esteemed Counsel:

My firm represents the Appellant Capitola Bar & Grill (Michelle and LaSalle Strong), CB&G, in this appeal and in their pending JAMS arbitration with the landlord La Serena Properties (Steve Yates).

Last week Thursday 4/6/23 at 11:00 am CB&G had a hearing before an emergency arbitrator seeking the equivalent of a preliminary injunction seeking an emergency arbitrator order to the effect that:
1) The Respondent Landlord is deemed for all purposes to have irrevocably consented to live music entertainment under the lease agreement, absent a showing of nuisance in fact, proven in arbitration; 2) The Respondent Landlord must sign any documents reasonably required to document that consent to live music entertainment as needed.

See attached Notice of Request for Emergency Arbitrator and Emergency Injunctive Relief [JAMS Rule 2(c)] (additional pleadings and JAMS documentation available on request).

At the close of the hearing mid-day on 4/6/23, the Arbitrator Judge (ret.) Glenda Sanders, said that she hoped to have her ruling out by the end of the week. So we anticipated getting the decision last Friday or today Monday 4/10 at the latest. But in the email below, JAMS informed us at 3:55 pm today that the ruling will be made next week.

We had hoped to have the arbitrator's ruling in time for the City Council appeal hearing currently scheduled for this Thursday 4/13/23. It is our position that if CB&G obtains the requested relief and the landlord is legally deemed to have consented to live music, the City Council hearing is unnecessary because the only basis for denial for the permit in the staff report is the lack of that consent and the City should simply grant the permit. (If on the other hand CB&G does not get the relief requested, our position is that the City Council still has the power to grant the appeal based on their own independent conclusions of law as the quasi-judicial agency not bound by the advice of staff or counsel.) Because this ruling, either way, is critical to the hearing, we respectfully request a continuance of the City Council hearing until the Ruling has been made and the City Council's agenda allows.

Counsel, I am available to discuss at any time at my direct line 510-207-6243.

Yours very truly,
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2 James Anthony
To help
protect your
privacy,
Micro so ft
Office
prevented
auto matic
download of
this picture
from the
Internet.

James Anthony

PRINCIPAL
(510) 842-3553 office
(510) 207-6243 cell
[email protected]
---------- Forwarded message ---------
From: Geraldine Yulo <[email protected]>
Date: Mon, Apr 10, 2023 at 3:55 PM
Subject: Strong, Michelle, et al. vs. La Serena Properties LLC - JAMS Ref No. 5130000363 To: [email protected] <[email protected]>, [email protected] <[email protected]>, [email protected] <[email protected]> Cc: [email protected] <[email protected]>, [email protected] <[email protected]> Dear Counsel:

Judge Sanders wanted to let the parties know that she will have the Ruling next week.

Best,
Geri
Geraldine “Geri” Yulo
Arbitration Practice Consultant
Direct: 213-253-9711
Email: [email protected]
JAMS - Local Solutions. Global Reach.TM
79 Item 9 B.
3 www.jamsadr.com

Manage your case anytime, anywhere. Register now for JAMS Access.

Follow us on LinkedIn, Facebook and Twitter.

Member of AAPI@JAMS, a Community Group dedicated to creating and fostering a diverse and inclusive workplace. Learn more about Diversity, Equity and Proud Inclusion at JAMS.

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Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: Police Department
Subject: Capitola Bar and Grill Entertainment Permit Appeal Recommended Action: Adopt a resolution denying an appeal of the City Manager’s decision to deny an application for a 2023 Regular Entertainment Permit for Capitola Bar and Grill, due to the application not including the required authorization from the property owner.

Background: Capitola Municipal Code Chapter 5.24 governs entertainment permits. Section 5.24.020 requires any business to obtain an entertainment permit before arranging for or allowing entertainment to be conducted on the premises of any business. Section 5.24.010 defines “entertainment” as a performance by live entertainers for entertaining patrons; or playing recorded music, with or without video, for the specific purpose of entertaining patrons.

Section 5.24.030 divides entertainment permits into three categories, with varying fees and conditions based on the type of entertainment and activities.
 “Single-event” entertainment permits are required for activities that occur within a single sevenday period.  “Minor” entertainment permits are required for businesses that have entertainment that is incidental to the primary business, have no dance floor or elevated stage, and never require a cover charge.
 “Regular” entertainment permits are required for businesses that provide entertainment but do not qualify for a single-event or minor entertainment permit. This permit governs establishments that have live music and entertainment that attracts business.

Section 5.24.040.B authorizes the City Manager, or department head designee, to issue certain entertainment permits upon making the findings in Section 5.24.040.C. Section 5.24.040.D authorizes the City Council or City Manager to condition the permit to assure that the authorized entertainment does not cause disturbances.

To further guard against disturbance, CMC Section 5.24.040.D authorizes the City Manager to add conditions to each permit regarding the days and times of operation, addressing any public safety issues, and requiring the permittee to manage noise level limits.

Section 5.24.080 authorizes the City Manager to develop application forms for entertainment permits.

Applicants may be required to submit any nonprivileged information reasonably related to the intent of the ordinance.

The current application form, which has been used by the City since 2018, requires applicants to provide information about the business, proposed entertainment, the hours of intended operation, and, if the applicant is a tenant, to obtain the signature of the property owner.

Entertainment permits for the cities of Santa Cruz, Watsonville, and Scotts Valley all require the property owner’s consent.

This year, the Capitola Police Department has issued five entertainment permits; three additional permits are in progress. The Department issued six permits in 2019, ten in 2020, seven in 2021, and twelve in 2022.

Discussion: On October 21, 2021, Michelle and Lasalle Strong applied for a new Minor Entertainment Permit for Capitola Bar and Grill, located at 231 Esplanade, #102, that would be effective for the remaining few months in 2021. 231 Esplanade is a mixed-use residential/business structure. The building 85 Item 9 B.
is comprised of residential apartments, a coffee shop, and two restaurants (Margaritaville and Capitola Bar and Grill). The application did not include the property owner’s signature.

The Strongs had recently acquired the business, and their ABC license was pending due to the transfer of ownership. The type of ABC license issued to the applicant is important in the application process because ABC can place restrictions and specific requirements based on the type of license. Capitola Bar and Grill has a Type 47 – On Sale General Eating Place. The City requires a current ABC license and fire inspection before issuing entertainment permits. The applicant received their ABC license on October 29, 2021, and completed the required fire inspection on November 10, 2021.

The City issued the permit on November 16, 2021, for the remaining six weeks of 2021. Unfortunately, the City issued the permit without the property owner’s signature, inconsistent with the City’s entertainment permit application and past practice.

On January 3, 2022, the Strongs applied to renew their Minor entertainment permit for 2022. The Police Department accepted their previously submitted ABC license and recent fire inspection and began processing their application. The 2022 application did not include the property owner's signature.

Because the applicant intended to offer more than incidental entertainment, staff recommended the applicant apply for a “Regular” entertainment permit. The applicant agreed and staff issued Capitola Bar and Grill a 2022 Regular Entertainment Permit on January 27, 2022.

During the summer of 2022, the property owner, Steve Yates, contacted the Police Department and expressed concerns about the noise levels and live music being played at Capitola Bar and Grill. Staff explained that the City had issued Capitola Bar and Grill a Regular Entertainment Permit for 2022. Mr.

Yates expressed his concerns about the sound levels and explained he had not signed the application form.

Staff then reviewed the application materials for Capitola Bar and Grill and determined that the application had not been signed by the property owner and the permit had been issued in error.

In December 2022, Capitola Bar and Grill applied for a 2023 General Entertainment Permit (Attachment 1). The application lists Steve Yates as the property owner with an email address but does not include Mr. Yates’s signature.

As the application did not include the required signature, staff determined the application was incomplete.

Staff notified the Strongs of this issue and met with the Strongs on December 23, 2022, to discuss options. At the meeting, staff explained why the application was incomplete, and that their prior permits had been issued in error. Staff offered to reach out to the property owner to recommend mediation. The Strongs indicated they were interested in mediation and, following that meeting, staff reached out to Mr.

Yates to recommend a mediation process.

On January 31, 2023, staff sent the Final Notice of Decision to the Strongs, denying their application for a 2023 Entertainment Permit (Attachment 2). On February 21, 2023, the Strongs appealed the denial (Attachment 3).

Following receipt of the appeal, staff reviewed all entertainment permits for prior years that remained on file at the City to determine if other applications lacked a property owner's signature. Of 21 applications, 18 included the property owner's signature. The three applications that did not have the property owner's signature were the Capitola Bar and Grill applications for 2021 and 2022, and the Wharf House Restaurant application for 2022. The City of Capitola is the property owner of the Wharf House, and staff had previously determined that the issuance of the Wharf House permit by the City constituted property owner consent.

Appellant’s arguments in the appeal are below, with staff’s response in bold.

Appellant states, “[t]he City Manager’s letter says that he canceled the Permit (or denied the application for renewal, it comes to the same thing) because it did not include the landlord Steve Yates’ consent on the application form that the City Manager himself made up. But under the Municipal Code section that he cites, his power to develop the form is limited. One legal question for you to decide is if that requirement 86 Item 9 B.
is properly on the form or not.” Appellant further notes that “CMC 5.24.080 gives the City Manager limited power to develop the application form. Specifically, it limits the form to ‘any nonprivileged information reasonably related to the concerns expressed in Section 5.24.005.’” Section 5.24.080 authorizes the City Manager to “develop application forms pertinent to this chapter.” It does not limit the questions the City Manager may include on the form. Section

5.24.040.C allows the City Manager to issue permits upon making certain findings, including that no significant number of non-patrons will be disturbed by the entertainment. Similarly, Section

5.24.040.D allows the City Manager to condition the permit to assure non-disturbance by including certain permit-specific conditions. Both of these provisions underscore the City Manager’s authority in administering Chapter 5.24. In addition, if the requirement for the property owner’s signature did not appear on every application form, Section 5.24.040.D authorizes the City Manager to impose it as a condition on any specific permit.

The requirement for the property owner’s signature is related to the concerns expressed in Section 5.24.005, which states that, in adopting the Chapter, the Council found that “[e]ntertainment often produces noise which is obtrusive to persons not patronizing the business or activity which produces the noise.” Because property owners often have more than one tenant in a building, ensuring the property owner is supportive of the permit request helps protect the property owner’s other tenants in the same building. Finally, any complaints about noise from the business could affect the property owner in multiple ways, including impacting the property owner’s ability to lease the premises (or nearby properties) in the future or exposing the property owner to complaints about the noise. Lastly, requiring the property owner’s signature helps ensure the City is not authorizing entertainment on the property when such uses are not authorized in the lease between the tenant and property owner.

Second, appellant states that “the City should not cancel that permit unless there is a good reason such as excessive noise complaints.”
The City did not revoke the previously issued entertainment permits. The City denied the applicant’s 2023 entertainment permit because it lacked the landowner’s signature granting permission to use their property for entertainment purposes. There is no indication in Chapter

5.24 that the City is only permitted to revoke, or not issue a permit, for a specific reason. Instead, Section 5.24.050 states that a permit is valid for no more than one year from the date of issuance and that the issuance of a permit “does not establish a vested right to a renewal of the permit.” It also authorizes the City to cancel any permit for not complying with the requirements in the permit, however in this case the City is not canceling or revoking a permit for failure to comply with the permit requirements. The City is simply not issuing a 2023 entertainment permit because the permit lacks the landowner’s signature.

Third, appellant states that “the landlord is legally bound by his agreements to allow Entertainment.” The City is not a party to the lease between the landlord and the appellant. Staff thus cannot comment on the provisions in the lease. The City is charged with administering and enforcing its own Municipal Code, which is what it is doing here.

Finally, appellant states that, because the City has twice issued the permit in the past, without the landlord’s signature, it should reissue it now.

Staff regrets its error in issuing permits without the landlord's signature. However, the remedy for that error is not to grant another permit for 2023, especially given that other businesses in the City have been required to provide the property owner’s signature to obtain an entertainment permit. Based on staff’s review of prior entertainment permits that remain on file pursuant to the City’s record retention schedule, and staff’s historical experience administering the entertainment permit program, there has been no other example of a business obtaining an entertainment permit without the property owner’s consent over the last decade. 87 Item 9 B.

Alternative Actions: Council may grant the appeal or modify staff’s determination. In either case, staff suggests that it return at a subsequent meeting with a resolution consistent with Council direction.

Fiscal Impact: None.

Attachments:

1. 2023 Capitola Bar and Grill Entertainment Permit Application

2. Denial Letter from the City

3. Appeal Letter from the Capitola Bar and Grill

4. Resolution

5. Correspondence
Report Prepared By: Andrew Dally, Police Chief
Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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4867-4826-8380 v1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAPITOLA DENYING AN APPEAL OF THE CITY
MANAGER’S DECISION TO DENY AN APPLICATION FOR A
2023 REGULAR ENTERTAINMENT PERMIT FOR

CAPITOLA BAR AND GRILL
WHEREAS, on December 12, 2022, applicants Michelle and Lasalle Strong applied for a 2023 General Entertainment Permit pursuant to Capitola Municipal Code Section 5.24.020; and WHEREAS, Capitola Municipal Code Section 5.24.080 authorizes the City Manager to develop application forms for entertainment permits that are pertinent to Chapter 5.24; and WHEREAS, Capitola Municipal Code Section 5.24.040D authorizes the City Manager to condition the permit to assure non-disturbance; and
WHEREAS, the application form for entertainment permits includes a requirement for the property owner’s signature; and
WHEREAS, Capitola Municipal Code Section 5.24.005A states that, in adopting the Chapter, the City Council found that “[e]ntertainment often produces noise which is obtrusive to persons not patronizing the business or activity which produces the noise.”; and WHEREAS, because property owners often have more than one tenant in a building, ensuring the property owner is supportive of the permit request helps protect the property owner’s other tenants in the same building from noise or other nuisance issues; and WHEREAS, any complaints about noise from a tenant could affect the property owner in multiple ways, including impacting the property owner’s ability to lease the premises (or nearby properties) in the future or exposing the property owner to complaints about the noise; and WHEREAS, requiring the property owner’s signature helps ensure the City is not authorizing entertainment on the property when such uses are not authorized in the lease between the tenant and property owner; and
WHEREAS, the December 12, 2022 application submitted by appellants did not include the landlord’s signature; and
WHEREAS, because the application did not include the required signature, the City Manager denied the application; and
WHEREAS, on February 21, 2023 the Applicant submitted a timely appeal (“Appeal”) of the City Manager’s denial; and
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4867-4826-8380 v1
WHEREAS, the City Council of the City of Capitola held a duly noticed public hearing on April 13, 2023, at which time it considered the Appeal, including all oral and documentary evidence presented.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola as follows:

A. The above recitals are true and correct and material to this Resolution.

B. The City Council affirms the authority of the City Manager to develop an application form for an entertainment permit, and finds that the application form used here was appropriate and consistent with Capitola Municipal Code Chapter 5.24.

C. The City Council upholds the decision of the City Manager to deny the application, and denies the Appeal.

D. The City Council’s action to deny this Appeal is not subject to the California Environmental Quality Act (CEQA) because it is an administrative activity and thus not a “project” as defined by CEQA. Even if the action were considered a project under CEQA, CEQA does not apply to projects which a public agency rejects or approves (CEQA Guidelines Section 15270.)
ADOPTED by the City Council of the City of Capitola, California, at a regular meeting thereof this 13th day of April, 2023 by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
____________________________________
MAYOR
ATTEST:
__________________________________
CLERK
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1 Moss, Julia
From: james frederickson <[email protected]>
Sent: Wednesday, March 22, 2023 9:06 AM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; [email protected]; [email protected] Subject: I support Capitola Bar & Grill
Follow Up Flag: Follow up
Flag Status: Flagged
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

We have been coming to the Capitola Esplanade and wharf for enjoyment and entertainment for years. As near as I can tell, the area is the lifeblood of the tourist industry for the entire greater Santa Cruz area. People come from miles around, even from around the world, to stay there and enjoy what Capitola has to offer.

We endlessly support the local economy and local talent. The storms have done enough damage to both, don't you think? Other establishments on the Esplanade have rebuilt and are offering live entertainment - due, in part, by donations from us and others like us who felt the pain of losing the vibrancy of the area.

There is absolutely no logic in denying the Capitola Bar and Grill the permit for live entertainment that they and all the others have put to good use. They have all respected the privilege and have NEVER abused their right.

It is clearly un-American to deny them, and us, the rights that others are enjoying.

Please do the right thing with your vote, your voice, and restore to the Capitola Bar and Grill and us, your constituents, the access to the positive enjoyment of Capitola.

Vote YES to the entertainment permit.

James Frederickson
Sharon D'alessio
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1 Moss, Julia
From: Tamra Loomis <[email protected]>
Sent: Wednesday, March 22, 2023 9:57 AM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; [email protected]; [email protected] Subject: I support Capitola Bar & Grill
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

This is a great restaurant and the music makes it even better. Greta owners, great staff, great food and amazing music.

Pulls it all together for a great experience. Makes me keep coming back to Capitola.

Thank you
Tamra Loomis
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1 Moss, Julia
From: madeline thechiavettas.com <[email protected]> Sent: Friday, March 24, 2023 7:45 AM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; [email protected]; [email protected] Subject: I support Capitola Bar & Grill
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

Madeline Chiavetta
The Chiavettas
Let our Family Help Yours
Luxury Property Specialist
International President’s Premier
Top 1% Society of Excellence
#10 Small Team in the USA
[email protected]
408-506-5393
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1 Moss, Julia
From: Steven Henderson <[email protected]>
Sent: Saturday, March 25, 2023 12:08 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; [email protected]; [email protected] Subject: Support for live music at Capitola Bar and Grill Dear City Council Member,
My name is Steve Henderson and lived on Prospect Avenue Capitola for 14 years, I now live just outside of Capitola city limits on Thompson Ave.

This email is in support of Capitola Bar and Grills appeal, that they should be granted a live music permit.

I regularly attend live music events in Capitola, at the Wharfhouse, Sand Bar, Paradise Grill, Cork and Fork, and Capitola Bar & Grill.

Wharfhouse is closed for the foreseeable future, as is, Sandbar and other village businesses. Paradise no longer hosts live bands.

To reduce the number of venues by even more will negatively impact the number of visitors to the village who specifically come for the entertainment.

The financial impact to the village economy, will not only effect Capitola Bar and Grill, but all other businesses as they have a synergistic relationship, each benefiting the others by cross traffic.

Capitola Bar and Grill should have their entertainment permit renewed for the overall benefit of the village community.

If noise is the problem, put reasonable restrictions in place, such as limiting days, time of day, or decibel limitations.

Most people don't like their music too loud anyway, resorting to wearing earplugs at venues where the volume it too high.

Thanks for your attention.

Steve Henderson
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From: Mike Craig <[email protected]>
Sent: Sunday, March 26, 2023 12:27 PM
To: City Council
Subject: Music permit for Capitola Bar & Grill
I am writing in support of the petition for live music at Capitola Bar & Grill.

As you know, many businesses have tried to be successful at their location, and they have not been able to sustain their business.

Given the storm related damage in the Village, we need more reasons to bring people down to the Village.

Sal and Michelle have worked hard to build a great venue - I am a proud supporter of theirs.

Please give their request the favorable decision it deserves.

Thanks for your consideration.

Regards,
Mike Craig
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From: Julie Monet <[email protected]>
Sent: Sunday, March 26, 2023 12:29 PM
To: Moss, Julia
Subject: I support Capitola Bar & Grill
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

I am a small business owner in the Village, Monet Salon. Nobody has ever made the location of Capitola Bar and Grill successful.LaSalle and Michelle are a great asset to our village! Best Regards,
Julie Monet
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From: John Michael <[email protected]>
Sent: Monday, March 27, 2023 2:36 PM
To: City Council
Subject: John Michael Support Music
Attachments: John Michael Letter of Recommendation.docx My name is John Michael, from the John Michael Band. I am contacting the city council in support of music in Capitola.

Attached is a letter by me for recommendation. Please read!! John Michael
johnmichaelband.com
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3/27/2023
To: Capitola City Council,
My name is John Michael, local resident and
vocalist for the band John Michael Band. I am
writing this letter, requesting the Council to grant
a permit for The Capitola Bar and Grill, so that
they can continue to present live music that many
have enjoyed.

Please consider my recommendation for The
Capitola Bar and Grill to continue presenting live
music at their establishment.

Sincerely,
John Michael
Johnmichaelband.com

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From: Flávia Oliveira <[email protected]>
Sent: Tuesday, March 28, 2023 2:52 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; [email protected]; [email protected] Subject: I support Capitola Bar & Grill
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

Flávia Oliveira
Sent from my iPhone
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From: George Zaferes <[email protected]>
Sent: Wednesday, March 29, 2023 2:00 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe Subject: April 13 Board Meeting: RE: Capitola Bar and Grill Live Music Permit Follow Up Flag: Follow up
Flag Status: Flagged
Greetings Capitola City Council:

Thank you for taking the time to read my email in SUPPORT of the LIVE MUSIC PERMIT For the Capitola Bar and Grill. As a musician and a LONG TIME patron of the businesses in Capitola Village . I support the CBG request for this permit; This is one of the more VISIBLE venues in Capitola Village and it attracts patrons(tourists) by its location AND the MUSIC it offers in the Village.

The accusations of the LANDLORD and the Strong's persistent, yet RESPECTFUL, exchanges will be judged by you April 13.

PLEASE use your combined experience and WISDOM
to grant this permit..for the Strong's, the musicians, the patrons, the live music enjoying community, of DANCERS and listeners and RESIDENTS of Capitola.

Respectfully Yours,
George Zaferes
831-251-0969
Aptos, CA
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From: Alison <[email protected]>
Sent: Wednesday, March 29, 2023 2:00 PM
To: [email protected]; City Council; [email protected]; [email protected]
Cc: Keiser, Marguax; Brooks, Yvette; Clarke, Joe
Subject: I support Capitola Bar and Grill
Follow Up Flag: Follow up
Flag Status: Flagged
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill. Please support a locally owned business! As a long time local I enjoy going to this restaurant!!
Thanks,
Alison McClure, owner of Ohana Wealth Management
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From: Ed Vyeda <[email protected]>
Sent: Thursday, March 30, 2023 10:58 AM
To: City Council
Subject: I support Capitola Bar & Grill
Follow Up Flag: Follow up
Flag Status: Flagged
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

Ed Vyeda
Soquel
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From: Ryan Yates <[email protected]>
Sent: Sunday, April 2, 2023 11:03 AM
To: Dally, Andrew ([email protected]); Ryan, Sarah ([email protected]); Dally, Andrew ([email protected]); Moss, Julia
Subject: [PDF] Capitola Bar and Grill
Attachments: Chapter 5.24 ENTERTAINMENT PERMITS.pdf; Facebook.png; License Details Alcoholic Beverage Control.pdf; Matt Hereford Email.pdf
Good Day Chief Dally,
I hesitate to write in on this matter however feel compeled to do so given the circumstances. I have attemted to make it a personal point to not be bothersome to you or your force unnessisarily. However, I wanted to give you notice in advance on some issues to hopefully not have problems in the future.

In a very blatent and obvious retalitory manner Capitola Bar and Grill increased the volume and bass of their music in the bar, directly below the apartment. It starts between 7:30 am and goes until roughly between 10:30 and 11pm. There appears to be a new system installed as of the January storms as it was never this way previously. I bring this to your attention not to be petty. If the music was incidental I would of course have no issues with hearing it as I only want the best for the patrons in the village. I am aware living here comes with noise so I assure you I am not being unreasonable. The levels are obvious, deliberete and loud and intrusive enough that no person could resonably tolerate it for an extended period of time.

Additionally, Capitola Bar and Grill has begun promoting live music again starting wednesday the 5th, this week. Advertisement attached.

Both of these matters are concerning given.
 CBG has no entertainment permit from the city.
 Capitola code 5.24.010 describes entertainment as: (copy attached) A. " a performance by live entertainers for the purpose of entertaining the partons of a business; or B. "Playing recorded music, whether with or without video, for the specific purpose of entertaining the patrons, invitees or visiors of a business, commercial establishment or meeting facility" 127
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2  Capitola Bar and Grill has specific restrictions on their liquor license with regard to noise stating: ( copy attached )
"Entertainment provided shall not be audible beyond the area under the control of the licensee" These are matters of the law and I thought it best to bring it to the attention of yourself and your team. I have personally seen entertainers playing an acoustic guitar on the sidewalk asked to leave by the police for playing music without a permit, so I don't really understand the tolerance for the abysmal behavior of Capitola Bar and Grill.

One last note I wanted to make you aware of. Due to Michelle and Laslalle Strongs publications of my personal phone number and name on social media and website, I have had an unsolicited outreach of ex-employee's of thiers offering to help speak up about the actions and behavior of the owner and her husband, Michelle and Lasalle Strong. One in particular is their previous general manager Matt Hereford. I have attached a letter from him simply regarding the sound and previous complaints received from other residents and tourists. In addition, he is insisting on not only speaking at the hearing, but writing a full account of the retaliation and harassemnt he witnessed towards me, from Lasalle Strong, during his time as the general manager of Capitola Bar and Grill. Given what Matt has told me, any form of mobilization or embolded behavior with impunity is especially concerning.

Thank you for your time and attention to this matter.

Best,
Ryan A. Yates
831.247.7604
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From: Jefferson Hancock <[email protected]>
Sent: Wednesday, April 5, 2023 8:44 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; Pedersen, Alexander; [email protected]
Subject: I support Capitola Bar & Grill
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

Capitola needs live music and musicians like me love having a place to play like Capitola Bar and Grill. Patrons dance, sing, eat, drink, and love Capitola. If live music continues here, they will spend money -- and time -- in Capitola.

This town has something rare in its appreciation for live music. Don't lose it. Approve the live music permit for Capitola Bar and Grill.
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From: Ryan Yates <[email protected]>
Sent: Thursday, April 6, 2023 10:05 AM
To: Keiser, Marguax; Brown, Kristen; Brooks, Yvette; Clarke, Joe; City Council Cc: Gonzalez, Francisco@ABC; Moss, Julia
Subject: [PDF] Support for the City of Capitola's DENIAL of appeal by Capitola Bar and Grill for live music
Attachments: City Council Letter.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Honorable City Council Members and Madam Mayor,
I am a concerned citizen of this community, writing to express my support for the City of Capitola's denial of the appeal made by Capitola Bar and Grill to have live music at their establishment. Please find attached a letter that provides further details on my concerns regarding this issue for your upcoming hearing.

Thank you,
Ryan A. Yates
831.247.7604
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Dear Honorable City Council Members and Madam Mayor,
I am Ryan Yates, a concerned citizen of this community, writing to express my support for the City of Capitola's denial of the appeal made by Capitola Bar and Grill to have live music at their establishment. I know that it may be easy to conclude that I am simply in support of their denial on my own behalf. I assure you that is not the case. It is true that I do not want horrific cover bands blasting into my home at 80 – 100 decibels, however there are far more concerning matters to consider.

The owner of Capitola Bar and Grill has squandered the unique opportunity of having a beautiful restaurant on the beach by alienating 99% of locals with loud and invasive music, which forces unwilling families, children, patrons of other businesses, and community members to bear an incredibly intrusive experience that they do not want, nor did they ask to be apart of. The negative impact of the bar's amplified music is evident in the experiences of individuals who have dined there, such as finding human fecal matter on the restroom floor and walls, management allowing weed to be smoked on the deck during dinner service or children experiencing overly intoxicated patrons smoking cigarettes on the street corner while they walk home from Jr. Guards. (yelp) In addition to the negative impact on the community, the owner and her husband have exhibited deliberate and intentional tactics to attempt to harass, annoy, and intimidate me personally into submission or remove me from my home. Matt Hereford, their previous general manager has quoted; “Lasalle is an incredibly mean spirited and two-faced individual. He would insist the band spread out as wide as possible and press the subwoofer and speaker stacks up against the column in the dining room that runs up through the bedroom of the apartment.” Matt quoted Lasalle saying: “were gonna rock the house for that motherfucker.” Matt goes on to state. “So many people complained. I was instructed to NEVER turn down the music but offer anyone who complained 2 free drinks any time they wanted.”
During this time they were having bands 6 nights a week. 2 of which were horrific karaoke blasted at full volume. How is this a restaurant? I have also recently discovered that Lasalle Strong, who exhibits such behavior, is not an owner of Capitola Bar and Grill and has no standing with Capitola Strong, Inc., nor is he on the liquor license. Lasalle and Michelle Strong or Mishelleena Mendez, or what every she is calling herself to people here in Capitola, do not care about anyone or anything but themselves.

Secretary of State documents (available to anyone) attached along with further unsolicited statements in writing from Matt Hereford regarding complaints.

Additionally, the ABC (alcoholic beverage control for the state of California) has imposed specific restrictions on Capitola Bar and Grill’s license to sell alcohol. This one of many restrictions on them that reads verbatim: “Entertainment provided shall not be audible beyond the area under the control of the licensee.” Meaning. A person walking down the sidewalk should not hear their music per the liquor license. Full Stop.

Liquor license (available to anyone) attached.

Thus, in support of the denial to their “music permit” I urge you to consider the abysmal content of character of the owner and her husband and what their idea of “music in the village” really means. I ask you to consider the unique restrictions on Capitola Bar and Grill's liquor license by the state and the specific literature from the city regarding entertainment and its impact on non-patrons.

Please consider asking the following questions as you deliberate: Why is the ABC imposing such a specific restriction on their ability to sell alcohol? Why does the City of Capitola have such specific literature regarding entertainment, as well as the impact of said entertainment on non-patrons? Why does the lease in the building, the city of Capitola, the county of Santa Cruz, and the State of California have laws and regulations regarding quiet enjoyment of others? Why is the person who claims to be the owner nowhere to be found on any of the business documentation regarding Capitola Bar and Grill, or any of their other “businesses”.

Thank you for your attention and I look forward to standing before you in person on this matter.

Sincerely,
Ryan Yates
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California Secretary of State
Electronic Filing
Corporation - Statement of Information
Entity Name:

Entity (File) Number:

File Date:

Entity Type:

Jurisdiction:

Detailed Filing Information
Entity Name:

Business Addresses:

Street Address of Principal
Office in California:

Mailing Address:

Street Address of Principal
Executive Office:

Officers:

Chief Executive Officer:
b. Secretary:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. 231 Esplanade #102
Capitola, California 95010
United States of America
231 Esplanade #102
Capitola, California 95010
United States of America
231 Esplanade #102
Capitola, California 95010
United States of America
Michelle Strong
231 Esplanade #102
Capitola, California 95010
United States of America
Michelle Strong
231 Esplanade #102
Capitola, California 95010
United States of America
C4768976

CALIFORNIA
01/13/2022
CAPITOLA STRONG INC.

CAPITOLA STRONG INC.

H110924 H110924
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California Secretary of State
Electronic Filing
Director:

Number of Vacancies on the Board of
Directors:

Service of Process:

Type of Business:

Electronic Signature:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.

Michelle Strong
0 Michelle Strong
231 Esplanade #102
Capitola, California 95010
United States of America
Restaurant
Michelle Strong
231 Esplanade #102
Capitola, California 95010
United States of America
Michelle Strong
231 Esplanade #102
Capitola, California 95010
United States of America
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. H110924 148
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1 Moss, Julia
From: [email protected]
Sent: Thursday, April 6, 2023 5:27 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; Pedersen, Alexander; [email protected]
Subject: Entertainment permit for Capitola Bar and Grill Dear Council Members,
No doubt you have received many letters and other communications about the importance of the entertainment permit. The devastation of the pandemic lockdown and the recent storm have battered local businesses and our community of workers whose livelihoods were disrupted. For those reasons, it is important for our business to quickly rebuild for the sake of the businesses, their staff, and the community which benefits from their businesses.

However, there is another issue that I believe is equally important. We have had a heavy blow to the spirit and soul of our community. People feel battered. Three long years of our lives have been disrupted by the lockdown and then spiked by the destruction of our favorite places on the Esplanade and wharf.

We need to feel good again. We need to feel hope. We need to be able to come together to listen to music and to dance. We need to rebuild our humanity and the bonds that tie us together in the community.

Now is not the time to quibble over bureaucratic details. We need bold leadership to rebuild our community. For all of our benefit, please issue the permit so that we come together, heal, and rebuild our community.

Respectfully,
Mark McWhinney
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From: Roberta Marquis <[email protected]>
Sent: Friday, April 7, 2023 9:46 AM
To: City Council; Keiser, Marguax; [email protected] Subject: Capitola Bar and Grill Live Music Permit Please Attachments: capitola letter.docx
Sent from Mail for Windows
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April 6th2023
To: The City Council of Capitola
Please allow Capitola Bar and Grill to have music again! We miss music in Capitola! I moved here because of the fantasƟc music community here in Capitola. Now due to the storms, this is a no music community, there is only one wonderful place to go and dance with friends, Cork and Fork. With our wonderful Sand Bar rebuilding there is no place to enjoy live music with room to dance and enjoy a variety of food and cocktails.

Capitola Bar and Grill always brought in wonderful musicians. We would dance in that beauƟful view with so much space, and delight our souls. It was wonderful to walk into the village and walk by and hear music from their door step. Bringing life to the Village. I also loved that they had music early evening. Having a variety of music venues keeps people in the village spending money on food at other places, plus I always seem to leave with a giŌ from my favorite giŌ stores or clothing.

Example of what is happening. Last Sunday friends and I finished a pracƟce and wanted to meet in Capitola for music. Cork and Fork being the only music stopped at 5:30. We missed it.

I walked to Capitola Bar and Grill with the sadness of no music…. Looked around, no music anywhere. Texted my group, what to do. We all decided to go other places in Santa Cruz. I live in Aptos so I went to watch sunset at Seabright and went home. I normally would go have a bite at Britannia or Thai, then go dance and work off my meal, enjoy friends and leave Capitola with joy in my heart. Now I leave with such sadness.

I am 60, female, a Boat Captain in Moss Landing who thrives on the community of dance and friendships we had in Capitola. I am missing this very much in my life! Please give Capitola Bar and Grill their Permit to have live music back and support our local musicians and the Village.

Sincerely, with all my heart
Roberta Marquis
[email protected]
831-600-6990
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From: madeline adamczeski <[email protected]>
Sent: Friday, April 7, 2023 11:15 AM
To: City Council
Subject: Capitola Bar & Grill’s Live Music
To: City Council Members
Mayor - Margaux Keiser
Vice Mayor - Kristen Brown
Council Member - Yvette Brooks
Council Member - Joe Clarke
From: Madeline Adamczeski
Re:Capitola Bar & Grill (CBG)
Date: 4/7/2023
Dear Member(s) of the City Council,
I’m both surprised and dismayed to learn that CBG’s permit to allow live music has not yet been approved in spite of multiple efforts by the business owners/leasers. Family, friends, and I are big music enthusiasts and fans of local musicians hosted local establishments. Specifically, we are loyal patrons to CBG employers and employees as well as their musicians. Can you kindly help me/us understand why live music at CBG has been discontinued & has been allowed to lapse despite a staunch fan base comprised of current business owners and their clientele? In the meantime, please do not hesitate to offer suggestions on how I/we can help bring back local musicians so that CBG can continue hosting live music in this jewel of a venue.

Thank you.

Respectfully,
Madeline Adamczeski
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From: Michelle Strong <[email protected]>
Sent: Friday, April 7, 2023 11:58 AM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; Pedersen, Alexander; [email protected]; Moss, Julia Subject: [PDF] I support Capitola Bar & Grill
Attachments: support-live-music-at-capitola-bar-amp-grill_040723.pdf Dear Mayor and City Councilmembers:

This is additional information for your consideration of our appeal. Attached petition signatures to print.

Our operation hours are Monday through Thursday 8:00am to 9:00pm, Saturday and Sunday 8:00am to 10:00pm. Total hours per week average 93 hours. Of the 93 hours of business, our music program at most was 9 hours per week, that is less than 10%. Selling food is our primary focus of business and we serve food until closing.

It’s not our goal to be a nightclub. We were very clear in our lease application that we want to join the vibrant Village and offer live music. Our restaurant is in the “Mixed Use Village” Zone. There should be an expectation of daytime noise while living in a mixed-use zone.

Calls for service since our occupancy have decreased along with being less severe violations. Among the calls of 2022 and 2023 the calls are unfounded noise complaints or normal business activity of the tourist area.

The umbrella noise ordinance for the City of Capitola is 10:00pm. Even the residential units in our building can have live entertainment until 10:00 pm. The coffee shop in the building has live music.

We offer entertainment during our operations hours, for which we close by 10:00pm. Municipal Code 5.24.005 Entertainment Permit states the permit is to regulate “night time noise”. Several times it states, “Infringe upon the peace and quiet and nightly sleep of non patrons”, “open after 9:00pm,” and “an afterhours draw”.

As business owners, we have made many alterations to assist in noise control, however the landlord has made no efforts to meet for a compromise nor has he made any efforts to add soundproofing for his son’s unit. The unit above our bar area not only has noise from the surrounding traffic from the Village; there are several exhaust systems for the two restaurant’s kitchen hoods, and a Verizon cell tower that has a generator and motor running 24 hours per day. The City of Capitola itself offers live music in the open outdoor Esplanade Park Bandstand. There are several neighboring 157
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2 businesses that have some form of entertainment or amplified music. Through the street traffic, the pedestrians, and the normal sounds of a restaurant, we should not have an expectation to keep all sounds inside our building. The landlord is responsible for the walls, roof and membrane of the building. It would fall on his burden to provide the building with proper insulation.

Out of the mixed-use building there are three restaurants and three residentials units. The landlord’s agent, Steve Yates, has concern of the “tenants” of the building. However out of the six commercial and residential units, we occupy two of the spaces out of six, that’s one-third of the buildings occupancy. As we occupy the restaurant and an apartment in the building. Of the two other restaurants, the Coffee shop offers live music, and has a piano in its dining area, while Margaritaville does offer background music in the dining and the patio. Among the neighboring businesses Paradise Beach Grille, less than 10 feet from our building, offers live entertainment, which from their permit, may go later than 10:00pm. Directly across the street from our restaurant, The Mercantile has an entertainment permit, with events that are held outdoors. This is what the Village is made off and what draws our customers. Visitors and locals alike come for breakfast and stay all day, finding new gems that have become their favorites, shops, eats, and music.

We are not asking you to rewrite the municipal code, nor are we asking for anything out of your reach. The City Manager’s form has a place for the landlord’s signature or consent; however the landlord has already given consent by signing our lease and agreeing that we would offer live music. The landlord cannot now add words to the lease as “sit-down only”, nor can it exclude music after signing. The time for the landlord to exclude live music was before signing, as it did when it excluded the use of a "Mexican restaurant" in the lease.

Per our lease, “Section 1.09. Permitted Use/Exclusive Use. Tenant shall use the Premises for a restaurant, as defined in the City of Capitola use permit existing at the time of execution of this Lease, and for no other purpose.

Notwithstanding, in no event shall the use include a Mexican food type restaurant.”

Attached is a list I received of the Entertainment Permits issued in 2021. Out of the 43 permits issued, all 43 would fall under the “Restaurant” as permitted use. In our appeal we are asking to receive a permit in absence of the landlord’s signature, as has been the City's typical procedure, as only 19 of the 43 have an actual application on file with the landlord's signature.

The landlord has not presented any support for loss; however, we have a significant loss of revenue, along with the loss of clientele, and staff. Our staff highly relies on tips, and through the reduction of sales, we are not able to retain valuable staff, especially in the slow season.

My husband, Lasalle Strong, and I have three restaurants. We are a part of this community, and we do our part to make the community a functioning place. By owning two businesses in Santa Cruz County, we employ over 40 residents, not to mention the many artists and musicians that have received income from playing at our establishments. Our business not only provides sales tax for the county, through our commercial lease we are responsible for paying the property and sewage taxes for the building, as a split cost with the other two commercial tenants. 158
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3 We own a business in a tourist-driven community. Restaurants are an anchor for the retail and rental properties. This is not a zoning issue that should require the landlord’s consent. The multi-use building has obstacles for both the residential and the commercial tenants. Lasalle and I have compromised enough by closing early, scheduling entertainment to end by 10:00 pm.

The residential landlords of the Multi-Use Village know what our Village entails, being in the Village adds value to their rental income. They should not be allowed to interfere with that mixed use in the Village, or impose on the businesses there that provide entertainment.

This location has changed hands numerous times. The past six years, we are the fourth business owners. We are proudly coming upon our two year anniversary, surviving two winters in a tourist town is not an easy feat. Consequently, the most unfortunate obstacle for our business has been the lack of support from our landlord.

I understand this matter has taken a lot of thought and may have caused some discomfort for those that are aware of Steve Yates’ rath. However instead of looking at the negative repercussions, we ask that you look at, “How can the City Council of Capitola, help this family owned small business continue in their success?” We are a BLACK owned, MEXICAN owned, WOMAN owned business, why is the landlord and his son “intimidated” by us?
Yours very truly,
LaSalle and Michelle Strong
Proprietors, Capitola Bar & Grill
Please attach the petition signatures attached.
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From: Debra de Roos <[email protected]>
Sent: Friday, April 7, 2023 12:06 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; Pedersen, Alexander; [email protected]
Subject: I support Capitola Bar & Grill
I am writing this letter in support of Capitola Bar & Grill. I request the City Council of Capitola, CA approve the Entertainment Permit for Capitola Bar & Grill.

Sincerely,
Debbie de Roos. 805-259-6456
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From: Michelle Strong <[email protected]>
Sent: Friday, April 7, 2023 12:15 PM
To: City Council; Keiser, Marguax; [email protected]; Brooks, Yvette; Clarke, Joe; Pedersen, Alexander; [email protected]; Moss, Julia Subject: [PDF] RE: I support Capitola Bar & Grill
Attachments: Public Records - List of Entertainment Permits.pdf Attached is the list of Entertainment Permits from 2019 to Feb. 21, 2023.

Thank you,
Michelle Strong
231 Esplanade #102
Capitola, CA 95010
Cell #559-341-5418
From: Michelle Strong
Sent: Friday, April 7, 2023 11:57:51 AM
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Moss, Julia <[email protected]>
Subject: I support Capitola Bar & Grill

Dear Mayor and City Councilmembers:

This is additional information for your consideration of our appeal. Attached petition signatures to print.

Our operation hours are Monday through Thursday 8:00am to 9:00pm, Saturday and Sunday 8:00am to 10:00pm. Total hours per week average 93 hours. Of the 93 hours of business, our music program at most was 9 hours per week, that is less than 10%. Selling food is our primary focus of business and we serve food until closing.

It’s not our goal to be a nightclub. We were very clear in our lease application that we want to join the vibrant Village and offer live music. Our restaurant is in the “Mixed Use Village” Zone. There should be an expectation of daytime noise while living in a mixed-use zone.

Calls for service since our occupancy have decreased along with being less severe violations. Among the calls of 2022 and 2023 the calls are unfounded noise complaints or normal business activity of the tourist area.

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2 The umbrella noise ordinance for the City of Capitola is 10:00pm. Even the residential units in our building can have live entertainment until 10:00 pm. The coffee shop in the building has live music.

We offer entertainment during our operations hours, for which we close by 10:00pm. Municipal Code 5.24.005 Entertainment Permit states the permit is to regulate “night time noise”. Several times it states, “Infringe upon the peace and quiet and nightly sleep of non patrons”, “open after 9:00pm,” and “an afterhours draw”.

As business owners, we have made many alterations to assist in noise control, however the landlord has made no efforts to meet for a compromise nor has he made any efforts to add soundproofing for his son’s unit. The unit above our bar area not only has noise from the surrounding traffic from the Village; there are several exhaust systems for the two restaurant’s kitchen hoods, and a Verizon cell tower that has a generator and motor running 24 hours per day. The City of Capitola itself offers live music in the open outdoor Esplanade Park Bandstand. There are several neighboring businesses that have some form of entertainment or amplified music. Through the street traffic, the pedestrians, and the normal sounds of a restaurant, we should not have an expectation to keep all sounds inside our building. The landlord is responsible for the walls, roof and membrane of the building. It would fall on his burden to provide the building with proper insulation.

Out of the mixed-use building there are three restaurants and three residentials units. The landlord’s agent, Steve Yates, has concern of the “tenants” of the building. However out of the six commercial and residential units, we occupy two of the spaces out of six, that’s one-third of the buildings occupancy. As we occupy the restaurant and an apartment in the building. Of the two other restaurants, the Coffee shop offers live music, and has a piano in its dining area, while Margaritaville does offer background music in the dining and the patio. Among the neighboring businesses Paradise Beach Grille, less than 10 feet from our building, offers live entertainment, which from their permit, may go later than 10:00pm. Directly across the street from our restaurant, The Mercantile has an entertainment permit, with events that are held outdoors. This is what the Village is made off and what draws our customers. Visitors and locals alike come for breakfast and stay all day, finding new gems that have become their favorites, shops, eats, and music.

We are not asking you to rewrite the municipal code, nor are we asking for anything out of your reach. The City Manager’s form has a place for the landlord’s signature or consent; however the landlord has already given consent by signing our lease and agreeing that we would offer live music. The landlord cannot now add words to the lease as “sit-down only”, nor can it exclude music after signing. The time for the landlord to exclude live music was before signing, as it did when it excluded the use of a "Mexican restaurant" in the lease.

Per our lease, “Section 1.09. Permitted Use/Exclusive Use. Tenant shall use the Premises for a restaurant, as defined in the City of Capitola use permit existing at the time of execution of this Lease, and for no other purpose.

Notwithstanding, in no event shall the use include a Mexican food type restaurant.”

Attached is a list I received of the Entertainment Permits issued in 2021. Out of the 43 permits issued, all 43 would fall under the “Restaurant” as permitted use. In our appeal we are asking to receive a permit in absence of the landlord’s signature, as has been the City's typical procedure, as only 19 of the 43 have an actual application on file with the landlord's signature.

The landlord has not presented any support for loss; however, we have a significant loss of revenue, along with the loss of clientele, and staff. Our staff highly relies on tips, and through the reduction of sales, we are not able to retain valuable staff, especially in the slow season.

My husband, Lasalle Strong, and I have three restaurants. We are a part of this community, and we do our part to make the community a functioning place. By owning two businesses in Santa Cruz County, we employ over 40 residents, not to mention the many artists and musicians that have received income from playing at our establishments. Our business not only provides sales tax for the county, through our commercial lease we are responsible for paying the property and sewage taxes for the building, as a split cost with the other two commercial tenants.

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3 We own a business in a tourist-driven community. Restaurants are an anchor for the retail and rental properties. This is not a zoning issue that should require the landlord’s consent. The multi-use building has obstacles for both the residential and the commercial tenants. Lasalle and I have compromised enough by closing early, scheduling entertainment to end by 10:00 pm.

The residential landlords of the Multi-Use Village know what our Village entails, being in the Village adds value to their rental income. They should not be allowed to interfere with that mixed use in the Village, or impose on the businesses there that provide entertainment.

This location has changed hands numerous times. The past six years, we are the fourth business owners. We are proudly coming upon our two year anniversary, surviving two winters in a tourist town is not an easy feat. Consequently, the most unfortunate obstacle for our business has been the lack of support from our landlord.

I understand this matter has taken a lot of thought and may have caused some discomfort for those that are aware of Steve Yates’ rath. However instead of looking at the negative repercussions, we ask that you look at, “How can the City Council of Capitola, help this family owned small business continue in their success?”

We are a BLACK owned, MEXICAN owned, WOMAN owned business, why is the landlord and his son “intimidated” by us?

Yours very truly,

LaSalle and Michelle Strong
Proprietors, Capitola Bar & Grill

Please attach the petition signatures attached.
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420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
Re: February 21, 2023, Public Records Act Request
Dear Mr. and Mrs. Strong,
The City of Capitola (“City”) is in receipt of the appeal to the City Council of City Manager’s decision regarding your entertainment permit, received on February 21, 2023. As part of your appeal documents, you also posed a list of questions, which appear to request public records. Thus, consistent with its duty to assist the public in making a focused and effective request that reasonably describes an identifiable record(s), the City has interpreted these requests to constitute a Public Records Act request (“Request”).

The City intends to cooperate to the fullest extent possible with the Public Records Act (“PRA”) (Government Code section 7920.000 et seq.) Under established California law, the City is obliged to comply with a request for a public record so long as the requestor makes a specific and focused request for information, that information is maintained by the City in its ordinary course of business, the information is disclosable, and the record can be located with reasonable effort. The PRA provides for the inspection or copying of existing identifiable public records; it does not compel the City to respond directly to questions or create new records, lists, or reports in response to a request.

The City now makes the following determinations:

Request No. 1: “Did the City Manager delegate his authority to issue Entertainment Permits to the Chief of Police?”
Determination No. 1: Request No. 1 appears to request information only, and therefore does not request any public records.

Request No. 2: “Did the police exercise discretion to issue permits with or without the explicitly landlord consent on the form?”
Determination No. 2: Request No. 2 appears to request information only, and therefore does not request any public records.

Request No. 3: “How many entertainment permits issued in the last five years? How many with explicit landlord consent on the form? How many without?” Determination No. 3: The City is not required to create records in response to a request for public records. However, in an effort to provide available information to you, the City provides the following information:
2023 – Four Entertainment Permits have been issued; four applications are pending:

Britannia Arms (Signed by property owner) – Permit issued on 1/26/2023 Capitola Mercantile (Signed by property owner) – Pending Captain Ryan’s review Capitola Wine Bar (Signed by property owner) – Pending Central Fire Inspection Report Gayle’s Bakery (Signed by property owner) – Permit issued on 1/9/2023 169
Item 9 B.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
Monarch Cove Inn (Signed by property owner) – Permit issued on 2/28/2023 Paradise Beach Grille (Signed by property owner) – Permit issued on 2/28/2023 The Sand Bar (Signed by property owner) – Pending ABC Alcohol License Zelda’s (Signed by property owner) – Pending Captain Ryan’s review 2022 – Twelve Entertainment Permits were issued:

Bay Bar and Grill (Signed by property owner) – Permit issued on 2/23/2022 Britannia Arms (Signed by property owner) – Permit issued on 1/27/2022 Capitola Bar & Grill (NOT signed) – Permit issued on 1/27/2022 Capitola Mercantile (Signed by property owner) – Permit issued on 2/14/2022 Capitola Wine Bar (Signed by property owner) – Permit issued on 6/6/2022 Cork & Fork (Signed by property owner) – Permit issued on 2/14/2022 Gayle’s Bakery (Signed by property owner) – Permit issued on 7/5/2022 Monarch Cove Inn (Signed by property owner) – Permit issued on 3/22/2022 Paradise Beach Grille (Signed by property owner) – Permit issued on 3/29/2022 The Sand Bar (Signed by property owner) – Permit issued on 1/27/2022 Wharf House (NOT signed) – Permit issued on 1/27/2022
Zelda’s (Signed by property owner) – Permit issued on 2/14/2022 2021 – Seven Entertainment Permits were issued:

Bay Bar & Grill (No application on file) – Permit issued on 4/27/2021 Britannia Arms (No application on file) – Permit issued on 4/28/2021 Capitola Bar & Grill (NOT Signed) – Permit issued on 11/16/2021 Cork & Fork (No application on file) – Permit issued on 4/23/2021 Paradise Beach Grille (No application on file) – Permit issued on 4/6/2021 Wharf House (No application on file) – Permit issued on 3/23/2021 Zelda’s (No application on file) – Permit issued on 4/2/2021 2020 – Ten Entertainment Permits were issued:

Britannia Arms (No application on file) – Permit issued on 1/3/2020 Capitola Wine Bar (No application on file) – Permit issued on 11/4/2020 Cork & Fork (No application on file) – Permit issued on 12/31/2019 Fast Eddy’s (No application on file) – Permit issued on 1/10/2020 Gayle’s Bakery (No application on file) – Permit issued on 12/19/2019 Monarch Cove Inn (Signed by property owner) – Permit issued on 6/9/2020 Paradise Beach Grille (No application on file) – Permit issued on 12/31/2019 Shadowbrook (No application on file) – Permit issued on 1/10/2020 The Sand Bar (No application on file) – Permit issued on 1/10/2020 Zelda’s (No application on file) – Permit issued on 1/21/2020 170
Item 9 B.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
2019 – Six Entertainment Permits were issued:

Britannia Arms (No application on file) – Permit issued on 1/30/2019 Cork & Fork (No application on file) – Permit issued on 5/2/2019 Fast Eddy’s (No application on file) – Permit issued on 6/14/2019 Gayle’s Bakery (No application on file) – Permit issued on 12/27/2018 Monarch Cove Inn (No application on file) – Permit issued on 2/25/2019 Wharf House (No application on file) – Permit issued on 1/10/2019 If the information above is not what you intended to request or you would like to request additional documentation, please inform us.

Request No. 4: “Why that change in policy?”
Determination No. 4: Request No. 4 appears to request information only, and therefore does not request any public records.

Request No. 5: “Did the City Manager, Police Department, or any other staff communicate with Steve Yates about this matter?”
Request No. 6: “When, how, and what did he say?” Did Mr. Yates say that he never consented to entertainment, or that he changed his mind?

Request No. 7: “Did he say or imply he would sue the City if the permit was not cancelled or not reviewed?”
Determinations Nos. 5-7: The City is interpreting these three requests to seek correspondence between City staff (including the City Manager and Police Department) and Mr. Yates between August 1, 2021 through February 21, 2023. Consistent with its interpretation, the City possesses records responsive to this request, and is currently collecting and reviewing such records. 171
Item 9 B.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
If the City’s interpretations of the above requests do not reflect the public records you intended to request, please provide additional clarification to assist the City in effectively searching for and collecting responsive public records. The City is collecting and reviewing records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a first batch of responsive records on or before March 16, 2023. If you have any questions regarding the City’s response or would like to discuss your Request, please contact me at [email protected].

Thank you,
Julia Moss
City Clerk
831-475-7300 (ext. 228)
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