Capitola City Council
April 27, 2023

City of Capitola
City Council Meeting Agenda
Thursday, April 27, 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
All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

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

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Presentation from Capitola Police Department on Pedestrian and E-Bike Safety

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

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

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

7. Consent Items
All items listed as “Consent Items” will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time the Council votes on the action unless members of the City Council request specific items to be discussed for separate review. Items pulled for separate discussion will be considered following General Government. Note that all Ordinances 1 City Council Meeting Agenda – April 27, 2023
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which appear on the public agenda shall be determined to have been read by title and further reading waived.

A. Consider and Approve 4/13/2023 City Council Meeting Minutes B. Approval of City Check Registers
Recommended Action: Approve check registers dated March 17, 2023, March 31, 2023, and April 14, 2023.

C. Broadband Middle Mile Network Project
Recommended Action: Authorize a consolidated coastal development permit for the Regional Broadband Middle Mile Project.

D. Regional Bikeshare Contract Amendment
Recommended Action: Authorize City Manager to sign Amendment 1 to the Professional Service Agreement with BCycle for a regional bikeshare program to modify the required aggregate insurance coverage for cyber liability from $10 million to $5 million.

E. Conflict of Interest Code
Recommended Action: Adopt a resolution amending the City of Capitola’s Conflict of Interest Code to reflect the current organizational structure.

F. California Assembly Bill 953
Recommended Action: Authorize the Mayor to sign a letter in support of California Assembly Bill 953, which proposes a voluntary vessel speed reduction and sustainable shipping program.

G. Surplus Sale and Purchase of City Vehicles
Recommended Action: Declare two Police Department vehicles as surplus property and authorize the sale of the vehicles; authorize the City Manager to purchase a replacement vehicle in an amount not to exceed $55,000; and adopt a resolution amending the Fiscal Year 2022-23 Adopted Budget.

H. Stockton Avenue Bridge Repairs Design Contract
Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Moffatt and Nichol in an amount not to exceed $34,488 for design, permitting, and construction support services for the repair of for the Stockton Avenue Bridge in substantially similar form, as approved by the City Attorney, as the attached agreement.

I. 401 Capitola Avenue Appeal
Recommended Action: Adopt a resolution upholding the Planning Commission’s decision to deny Application #22-0282 and approving a modified Conditional Use Permit and Coastal Development Permit for an existing takeout establishment to allow beer and wine sales for onsite consumption at 401 Capitola Avenue (Capitola Tap House).

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

A. Administrative Policy I-7: Memorial Program
Recommended Action: Consider options for memorial plaques currently installed on the Capitola Wharf; review and approve changes to Administrative Policy I-7: Memorial Program.

B. Administrative Policy on Training and Travel for Public Officials 2 City Council Meeting Agenda – April 27, 2023
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Recommended Action: Approve an administrative policy to formalize the process for public officials to receive reimbursement for training and travel.

C. Administrative Policy on Additional Materials
Recommended Action: Approve an administrative policy to outline the process for receiving, recording, and distributing additional materials related to the City Council or Planning Commission agendas.

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

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

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

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

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

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

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

Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990. Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475-7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products. 3 City Council Meeting Agenda – April 27, 2023
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Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: City Manager Department
Subject: Consider and Approve 4/13/2023 City Council Meeting Minutes Recommended Action: Approve minutes from the regular meeting on April 13, 2023.

Background: Attached for Council review and approval are the draft minutes from the regular City Council meeting on April 13, 2023.

Attachments:

1. 4/13/2023 Regular Minutes
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
5 Item 7 A.

City of Capitola
City Council Meeting Minutes
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
The Closed Session meeting was called to order at 5:17 PM. In attendance: Council Members Brooks, Clarke, Brown, and Mayor Keiser. Absent: Council Member Pedersen. i. 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

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:12 PM. In attendance: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser.

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

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

3. Presentations
A. Dr. Sepideh Taghvaei, Dientes Community Dental, provided a presentation on the 2022 Oral Health Assessment of Santa Cruz County.

B. Mayor Keiser presented a proclamation to Woodworm Party Supply in honor of their 50th anniversary in Capitola.

4. Report on Closed Session – The City Council met and discussed one item on the Closed Session Agenda and took no reportable action.

5. Additional Materials
A. Correspondence Received - Item 9A
B. Correspondence Received - Item 9B

6. Oral Communications by Members of the Public
Gary Richard Arnold spoke about regional and local government.

Tom Parker, resident, spoke about the Grand Avenue Path.

A resident spoke about space rent increases in Cabrillo Estates Mobile Home Park.

A resident spoke about space rent increases in Cabrillo Estates Mobile Home Park.

7. Staff / City Council Comments
6 Item 7 A.

City Council Meeting Minutes – April 13, 2023
City of Capitola Page 2
Chloe Woodmansee, Assistant to the City Manager, spoke about the Citywide Garage Sale on April 22nd.

Council Member Brooks requested an update on the Chief’s Council and agenda item update on the Cabrillo Estates Mobile Home Park.

Vice Mayor Brown provided an update on METRO programming and requested an agenda item to authorize a letter of support for Assembly Bill 953.

8. Consent Items
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.

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

9. General Government / Public Hearings
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 7 Item 7 A.

City Council Meeting Minutes – April 13, 2023
City of Capitola Page 3
the application not including the required authorization from the property owner. (This item was pulled from the agenda by staff.)

10. Adjournment – Adjourned at 6:45 PM to the next regularly scheduled meeting on April 27, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
____________________________
Julia Moss, City Clerk
8 Item 7 A.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: Finance Department
Subject: Approval of City Check Registers
Recommended Action: Approve check registers dated March 17, 2023, March 31, 2023, and April 14, 2023.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
3/17/2023 102901 102992 97 $ 787,641.38
3/31/2023 102993 103078 93 $ 437,173.40
4/14/2023 103079 103183 111 $ 709,783.08
The main account check register dated March 3, 2023, ended with check #102900.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
3/17/2023 5818 5818 92 $ 181,885.62
3/31/2023 5819 5820 99 $ 181,368.54
4/14/2023 21735 21842 108 $ 182,591.35
The payroll account check register dated March 3, 2023, ended with EFT #21544.

Payroll check #5820 dated March 23,2023 for $118.75 was voided.

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

Check/
EFT Issued to Dept Description Amount
102910 Bear Electrical Solutions
Inc. PW Adaptive traffic signal system $ 77,846.89
102915 California Grey Bears Inc. CDD CDBG health food program grant $ 35,282.56
102919 CDW Government Inc. CM Computer Components $ 26,238.04 102922 Community Bridges CDD Oct-Dec CDBG CV1 meals $ 39,365.43 102925 CSG Consultants Inc. PW January building plan review $ 11,656.63 102928 Environmental Innovations
Inc. PW CalRecycle reporting $ 10,528.05
102949 McKim Corporation PW Clares St traffic calming $ 23,482.51 102961 RRM Design Group CDD Capitola Housing Element
Update $ 10,532.50
102966 Santa Cruz County Dept of
Public Works PW Household Hazardous wasteprogram
$ 30,914.06
102978 Tessco PD Radio System upgrage $ 10,249.10
102984 US Bank PARS Fin Quarterly PARS trust contribu $250,000.00 9 Item 7 B.
102988 Vision Communications PD Radio System upgrade $ 20,495.77 102991 Wells Fargo Bank Fin February Credit Card Charges $ 12,781.70 1494 CalPERS Member
Services Division CM PERS contributions PPE 3/4/23 $ 54,934.75 1496 Internal Revenue Service CM Federal Taxes & Medicare PPE 3/4/23 $ 33,418.55
103004 Burke Williams and
Sorensen LLP CM February legal services $ 35,137.87
103020 GreenWaste Recovery Inc PW Flood Relief $ 15,381.10 103036 McKim Corporation PW Clares St traffic calming
progress
$ 33,171.00
103043 Pacific Gas & Electric PW March Utilities $ 13,772.48 103054 Santa Cruz Regional 911 PD FY22/23 Fourth quarter operating contribution $111,701.85
103065 Traffic Logix Corporation PW
Evolution radar feedback
signs, cloud service for speed
signs
$ 16,507.86
1501 CalPERS Member
Services Division CM PERS contributions PPE 3/18/23 $ 55,452.33 1503 Internal Revenue Service CM Federal taxes & Medicare PPE 3/18/23 $ 32,827.27
103091 Bear Electrical Solutions
INC PW Final retention release adaptive traffic signal system $ 39,316.43 103104 Community Action Board CDD January emergency housing assistance $ 14,338.20
103124 Granite Rock Company PW
Wilson Rd Materials, Repairs
@ Walkway at 427 Riverview
Ave
$ 35,162.49
103125 Hinderliter Dellamas and
Associates Fin
November Services Cannabis
Mgt Program, Quarterly district
sales tax audit, February TOT
and STR admin
$ 11,097.64
103139 McKim Corporation PW
Clares St traffic calming
progress & final retention
release
$136,102.30
103143 Moffatt and Nichol PW
Dec-Jan svc – wharf design,
permitting, bidding & constr
support, Wharf Design
Services 1/29 – 2/25/23
$ 51,214.03
103148 Precision Concrete Cutting PW Sidewalk offset repair $ 17,156.00 103157 Second Harvest Food
Bank CDD CDBG-CV2-3 grant July –September & October – March $ 51,686.00 103172 Verde Design Inc PW Jade St – universally
accessible playground design $ 25,992.41
103177 Wells Fargo Bank Fin March Credit Card Charges $ 15,981.59 1500 CalPERS Health Insurance CM April Health Insurance $ 64,303.43 1507 CalPERS Member Service CM PERS Contribution PPE 4/1/23 $ 55,839.50 1509 Internal Revenue Service CM Federal Taxes & Medicare PPE 4/1/23 $ 32,310.61
10 Item 7 B.

Attachments:

1. 3-17-23 Check Register

2. 3-31-23 Check Register

3. 4-14-23 Check Register
Report Prepared By: Luis Ruiz, Accountant I
Reviewed By: Julia Moss, City Clerk and Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: Community Development Department
Subject: Broadband Middle Mile Network Project
Recommended Action: Authorize a consolidated coastal development permit for the Regional Broadband Middle Mile Project.

Background: On January 24, 2023, staff from the California Coastal Commission requested authorization by the City of Capitola to process a Consolidated Coastal Development Permit (CDP) for the California Department of Transportation (Caltrans) for the Regional Broadband Middle Mile Project.

The project involves development in areas of the Coastal Commission’s permitting jurisdiction as well as Capitola’s permitting jurisdiction. Referred to as the Broadband Middle Mile Network Project, the project involves installation of 10,000 miles of broadband infrastructure throughout the entire state to make highspeed internet service broadly available throughout California, particularly in unserved and underserved areas. The project is supported through funding by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years. Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026.

Discussion: Within the proposed project, all broadband infrastructure will be placed within the State Highway System right-of-way, which is owned and operated by Caltrans. Approximately 900 miles of the network will occur within the coastal zone, and approximately 2 miles will be installed in Capitola within Highway 1. The infrastructure will include fiber optic conduit and cable, network hubs, vaults, and markers. Caltrans is responsible for the planning, permitting, and construction of the project. This includes obtaining CDPs for the portions of the project within the coastal zone pursuant to the Coastal Act and Local Coastal Programs (LCPs). Caltrans District 5 has requested a consolidated CDP application so one permit could cover all of the coastal zone geographic area within the district.

Section 30601.3 of the Coastal Act allows for a consolidated CDP process in cases where projects cross the Commission’s permitting jurisdiction and the jurisdiction of a local government with a certified LCP, such as is the case here since the Commission retains permitting jurisdiction in multiple areas within Caltrans District 5. A consolidated CDP will assist Caltrans in meeting their highly compressed project timeline, while reducing the burden on local governments and ensuring a smoother, more consistent approach to reviewing this project for compliance with the Coastal Act. The City Council must authorize the Coastal Commission and Caltrans to proceed with a CDP, rather than require local permitting by the Capitola Planning Commission.

The applicant submitted a project description, a coastal area map, and a memo on coastal compliance.

The project will follow the guidance included in the coastal compliance memo providing adequate mitigation to any impacts within the Highway 1 corridor on coastal resources and access.

While the current consolidated CDP request is specific to the project within the Highway 1 Corridor, connectivity from the Broadband Middle Mile Network into the city will be available upon completion. The project is expected to be completed statewide by December of 2025. The timing for the portion which goes through the City of Capitola is currently unknown as a contractor was recently selected and a schedule is currently being produced. Grant money through the state will be available for connection from the Middle Mile Network into individual cities.

Fiscal Impact: None
Attachments:

1. Project Description
55 Item 7 C.

2. Coastal Map Area

3. Coastal Compliance Information
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
56 Item 7 C.

Background
Governor Gavin Newsom signed historic broadband legislation in July 2021 to help bridge the digital divide and provide reliable and affordable internet access to all Californians. SB 156 (Chapter 112, Statutes of 2021) expands the state’s broadband fiber infrastructure and increases internet connectivity for families and businesses. This essential backbone infrastructure is a foundational step towards the entire state having broadband access. This effort is supported by Executive Order (EO) 8.14.20 EO N 73 20 and Senate Bill (SB) SB-156 Communications: broadband.

Broadband Middle Mile Network (BMMN) is an open access, state-owned high-capacity fiber lines that carry large amounts of data at higher speeds over longer distances between local networks. It will connect to a last-mile broadband infrastructure that will connect homes and businesses with local networks.

The lack of available middle-mile broadband infrastructure has been a major issue in connecting California’s unserved and underserved communities. The statewide open-access middle-mile network included in SB 156 will be a foundational investment to ensure every Californian has access to broadband Internet service that meets the connectivity needs of today, and well into the future. Lastmile infrastructure relies on middle-mile to provide service to residents, large and small-businesses, schools, government offices, public safety agencies, and libraries. An open-access middle-mile network can provide the backbone for last-mile providers to serve residences and reduce costs of providing service for businesses and anchor institutions.

California Department of Technology (CDT) and the Office of Broadband and Digital Literacy will oversee the acquisition and management of contracts for the development, construction, maintenance and operation of the network, retain a third-party administrator to construct and establish the network, and create a nine-member Middle-Mile Advisory Committee.

An experienced nonprofit entity will serve as the third-party administrator to manage the development, acquisition, construction, maintenance and operation of the statewide open-access middle-mile broadband network.

Caltrans will work with the third-party administrator to manage construction of the middle-mile infrastructure along state highways and rights of way.

GENERAL PROJECT DESCRIPTION
This project would include the installation of a statewide middle-mile network along approximately 10,000 miles of the State Highway System (SHS).

1. Install four (4) two-inch high-density polyethylene (HDPE) conduits, a minimum of 42 inches clearance underground.
• Conduit installation methods: (see Electrical Systems Details plan sheet ED-1):
a. plowing (4 inches wide) – Detail B.
b. trenching (6-12 inches wide) – Detail C.
57 Item 7 C.
c. Horizontal Directional Drilling (HDD) boring (8 inches in diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized) – Typical horizontal directional drilling detail
d. Jack and Drill-(8 inches in diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized)- Typical Jack and Drill detail e. trenching in-pavement (3-6 inches wide and minimum depth of 24 inches) – Detail A.

Caltrans chooses the location of conduit placement from row line to row line (along right-of-way fence, next to roadway prism, in- pavement or in between), with avoidance of sensitive environmental resources and existing utilities as the first priority. • Longitudinal installations are prohibited in the highway median.

2. Install vaults (30”x48”x36”) approximately every 2,500 feet (maximum spacing). Every 5th vault will be larger for splicing (48”x48”x48”). Vaults will be flush with the ground or buried. (note: if Caltrans secures it’s own fiber then separate Caltrans pullboxes will be installed adjacent to vaults with spacing approximately every 1 mile)
• Place vaults to avoid sensitive environmental resources and existing utilities, if possible. • If a vault must be accessed from the mainline on “access-control” non-Interstate routes, then the vault must be installed no more than 10 feet from the right-of-way line. • If a vault can only be accessed from the mainline and ramps on non- Interstate routes, then a maintenance vehicle pullout (see C-2) must be installed, unless maintenance can be performed using existing pullouts or existing maintenance access. Buried boxes do not require a maintenance vehicle pullout. (see ED-2)
• If longitudinal installations are installed on a bridge, splice vaults are recommended to facilitate future bridge work. Splice vaults are allowed at both ends of the bridge and as maintenance access points (MAPs), the locations for these vaults should follow the criteria outlined above.

3. Cable marker posts (see ED-4) would be located at approximately 1 mile intervals to alert people of the presence of the fiber optic cable. The posts are typically x-inch-diameter round PVC posts with orange caps X feet aboveground. The caps are imprinted with embossed lettering that indicates the presence of fiber optic cable.

4. Aerial Installation on existing poles – fiber is vulnerable to fire, theft, vandalism, animal damage and exposure to weather. This is the least desired installation method

5. Aerial Installation on new poles

6. Network Hub (Repeater Hut/Exchange Hub (see sheet ED-14)- approximately 190-200 statewide:

These provide retransmission and reamplify the signals
• Hubs exterior dimension are 12’x16’x10’: fenced area approximately 29’ X 32’ • Hubs are placed on concrete pad
58 Item 7 C.
• Hubs are located at a maximum of 50 miles apart; place to avoid sensitive environmental resources (siting guidance being written)
• Hubs can be located less than 50 miles apart if they are appropriately located • Hubs to be furnished by CDT – pad to be constructed by Caltrans based on Hub requirements (Note: Turnkey package (racks, table ladders) supplied by CDT and installed by contractor.) • Need to locate in proximity to power hook-up. Backup power to be supplied by- generator (propane or diesel) or solar…generators will require fuel storage; may require additional potential impacts to environmental resources
• Access road

TRENCHING DETAILS FOR CONDUIT INSTALLATION
The following is a general discussion of the types of construction methods that would be used to install the broadband conduit. All of these methods would be used at various locations to accommodate constraints, including considerations for sensitive resources. Please see Attachment – Standard Plan Details and Standard Specifications Sections. The Standard Plans can be modified for specific locations.

1. Plowing (4-inch-wide trench) – Detail B on Sheet ED-1 Plowed installation uses a tracked vehicle with a cable reel in front and a plow blade in back. As the vehicle moves, it simultaneously furrows the soil and installs the conduit or cable. In some instances, the soil may be pre ripped by a tractor in front of the plow. Pre-rip the ground surface to a depth 8 inches greater than minimum conduit depth, in the direction conduit is to be installed. Ripping is a technique in which a slit is made in the surface of the soil to loosen it. The amount of surface disturbed by plowing is typically less than with the trenching method. The construction corridor is usually 20 feet wide. In sensitive areas, the construction corridor can occasionally be restricted to less than 20 feet, Figure 1:
59 Item 7 C.

Heavy Duty Vibratory Plow

1. Trenching (6- to 12-inch wide trench) – Detail C on Sheet ED-1 Trenched installations typically involve a rubber-tired backhoe or an excavator digging a trench approximately 6-12 inches wide by 46-50 inches deep (need 42-inch clearance from top of conduit).

Typically, no more than 1,000 feet of trench would be exposed by a crew at any time during construction, and trenches would be filled at the end of each day. If conditions do not allow for small, isolated areas, such as handholes or assist points, to be backfilled at the end of each day, appropriate safety, erosion, and wildlife control features would be installed. Access vaults or handholes would be installed approximately every 2,500 feet (max distance between vaults, however can be installed closer together, if needed). Vault locations can be adjusted to avoid sensitive resources. The construction corridors would typically be confined to within the existing rights-of-way and approximately 20 feet wide In some cases, the conduit and cable may be installed in the roadbed to avoid sensitive resources in the road shoulder or right-of-way margin (see in-pavement trenching below).

2. Horizontal Directional Drilling (8-inch diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized)- Typical horizontal directional drilling detail on Sheet ED-1
Directional boring would be used in various locations along the project routes to cross areas where surface disturbance or sensitive resources must be avoided (e.g., cultural resources, crossing railroads, highways, rivers/streams). For streams/rivers, boring would only occur if the conduit could not be attached to a structure. Directional bore lengths can range from less than 100 feet to more than 10,000 feet, depending on the type of equipment used. To complete the bore, a work area is established on each side of the crossing. For river, stream, and wetland crossings, the work areas would be located at 60 Item 7 C.
least 100 feet from the bank or edge of the wetland resource. One work area contains the “entry point/pilot hole” and drilling equipment. The other work area contains the “exit point/receiving hole”.

From the exit point, a reamer is attached along with the conduits. The drilling machine will ream a larger hole (8 inches) from the exit point while pulling the conduits at the same time back towards the entry point. Once the reamer and all the conduits are pulled back through the initial entrance pit, conduit placement is complete. For relatively short bores, smaller drilling equipment is used, and the two work areas would measure approximately 100 by 50 feet Larger equipment, and a correspondingly larger work area (approximately 150 by 100 feet), is needed for longer bores. Drilling equipment most suitable for site-specific conditions would be used for each bore. Silt fences, straw bales, and other erosion control measures would be installed around these work areas, consistent with the Stormwater Pollution Prevention Plans (SWPPPs).

During the boring process, a bentonite slurry is typically pumped through the bore hole to help lubricate the drill bit, prevent the bore tunnel from collapsing, and carry drill cuttings to the surface. Bentonite is a naturally occurring Wyoming clay known for its hydrophilic characteristics. The slurry is pumped through the bore hole, collected at the surface, passed through machinery to remove the bore cuttings, and then recirculated through the hole. The slurry is stored in tanks at the drill site when not in use. Any excess slurry remaining after the bore is complete would be removed from the site and either reused by the drilling contractor or discarded at an appropriate location.

The soil conditions at the drilling site are identified. The conditions help determine what type of additives are needed. For example, in non-reactive clay, a mixture of bentonite will likely be needed, which helps produce needed cutting carrying capacity to flush the bore hole, and a lubricant to keep soil from sticking and bit balling to your tooling. If working in reactive clay, sand or cobble, a polymer additive may be needed. Polyanionic cellulose (PAC) polymers are typically added to a bentonite mixture to help provide secondary filtration control (sands and cobbles). PAC is a water-soluble polymer derived from cellulose. In formations with high concentrations of reactive clays, partially hydrolyzed polyacrylamide (PHPA) polymers are used in place of bentonite. PHPA is used as a functional additive in water-based drilling fluids. PHPA influences cuttings and wellbore stability and enhances solids removal by flocculation.
61 Item 7 C.

Figure 2: Directional Drill
Figure 3: Vacuum with 800 gallon capacity tank to collect excess soil material 62 Item 7 C.

3. Jack and Drill (8-inch diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized)- Typical Jack and Drill detail on Sheet ED-1 Jack and Drill is an established method when installing steel pipes or casing under roads or railways. As with horizontal directional drilling, auger boring is a useful option when trying to cause minimal disruption to traffic.

The jack and drill method has always been one of the most economical and reliable ways to bore under objects such as established highways and railroads. The Jack and Drill makes this task much simpler, while reducing labor costs and increasing productivity. Generally, jack and drill or auger boring is accomplished with an auger boring machine by jacking a casing pipe through the earth while at the same time removing earth spoil from the casing by means of rotating auger inside the casing.

Jack and Drill is a trenchless method of construction. It is suitable for installing short pipe runs in stable and dry soils without large boulders. Crews dig a sending pit and a receiving pit.

4. In-pavement Trenching (3-6 inches wide trench and minimum depth of 24 inches; slurry backfill) – Detail A
Trenching in pavement (Micro-trenching) is a construction method that can allow quick and economical installation of broadband conduits under the pavement structure. Broadband conduits should typically be installed in the ground outside of pavement structures as micro trenching through pavement pose the risk of interfering with pavement performance and future pavement rehabilitation activities.

However, site specific constraints may preclude the placement of broadband conduits away from pavements. For example, in an urban environment where the edge of pavement is next to a sound wall.

The equipment includes a specially designed saw blade (for cutting into the asphalt) which is connected to a vacuum truck/trailer, which removes any spoils, dust, or dirt creating a neat and tidy construction site. The construction corridor width is approximately 20 ft. The depth is shallower at (24-26 inches) and the width is 3-6 inches. Trenches in concrete pavements are not permitted at this time due to their high susceptibility for failure when continuity of concrete slabs is interfered with through trenching. It is cost effective and less disruptive to the public when compared to traditional trenching. Extensive environmental review is not typically required.

Trenching in pavement is permitted in asphalt pavement shoulders only when all the following conditions apply:
• Off-pavement solutions are not feasible due to site specific restrictions, 63 Item 7 C.
• Shoulders are not used as part time lane,
• Shoulder/lane widening is not anticipated soon,
• Shoulders do not contain high-risk utility lines.

Figure 4: Trench in pavement (Microtrenching)

STRUCTURE (BRIDGE) AND CULVERT DETAILS

ACCEPTABLE BRIDGE MOUNTED BROADBAND LOCATIONS
64 Item 7 C.

1.Bridge mounted fiber optic conduits (see Sheets SES-1 thru 5). The sheets show acceptable locations for mounting broadband utilities on bridges or bridge length culverts.

2. Install 4-2” conduits
The table provided below will assist in assessing the risk of installation method:

Location/Installation Method: Comments:

Underground/off bridge No/low risk, fully protected from damage/vandalism
Utilizing existing bridge utility openings inside box
girder bridges between girders, or existing utility
openings in sidewalk(s) or in bridge rail(s)
(District personnel are responsible for reviewing
all as-built plans from BIRIS to determine the
availability of any utility openings in bridges)
Minimal risk as conduit is usually surrounded by
concrete and not accessible to vandalism,
however bridge rail location is susceptible to
vehicular impact and conduit may be damaged or
may need to be relocated for bridge rail upgrade
or bridge widening projects
Attached to exterior surface of concrete bridge
rail, or soffit of bridge deck overhang
Moderate/high risk as conduit will be accessible
to vandalism, may be damaged by vehicular
impact, or may need to be relocated for future
bridge rail upgrade or bridge widening projects
No attachments will be allowed to bridge rails classified as poor/substandard. The list of bridges with rails classified as poor/substandard can be requested from the Asset Management groups in each District.

Attachments to slab bridges or bridge length culverts will be permitted on the waterway downstream side of the structure only and may be attached to the edge of slab deck or concrete culvert headwall.

All broadband utility installations on bridges shall be designed to accommodate thermal and/or seismic movements at bridge joints located at abutments, bents and hinges.

All broadband mounting installations on bridges shall conform to the Caltrans Standard Specifications.

Concrete anchors shall conform to the requirements of Section 75-3. Additionally, for concrete anchors, reinforcement must be located by nondestructive means before installing holes for anchors. Rotary drills are to be used, no impact drills or coring. If reinforcement is encountered, the anchor hole shall be abandoned, patched, and a new hole installed. Anchors must be on Caltrans’ Authorized Materials List for Concrete Anchorage Devices (https://dot.ca.gov/programs/engineering-services/authorizedmaterials-lists) and installed per recommendations by manufacturer.

In some cases, the conduit may need to be painted or covered with an approved coating that must match the color of the structure.
65 Item 7 C.

CULVERTS
Install conduit under or over culvert or other obstructions (see details Sheet ED-2) or attach conduit to downstream headwall
The depth of fiber optic conduit path in unpaved areas must be a minimum of 42 inches to the top of conduit. In addition to the minimum conduit cover, the following requirements for fiber optic conduit path apply for:
• Culverts – conduits must be a minimum 12 inches above or below the culvert. • Lined channels – conduits must be 12 inches below the channel. • Unlined channels or ditches – conduits must be 24 inches below the channel or ditch

DETAILS FOR VAULTS/OTHER PROJECT FEATURES
flexibility for placement to avoid wetlands/waters US/cultural and tribal resources.

VAULTS (see sheets ED-6-10)
• Maximum spacing is 2500’ between vaults
• Vaults will be flush with the ground or buried
• Vaults cannot be placed in the pavement/roadway
Closer spacing of vaults is expected at the following locations:
• To avoid sensitive environmental areas or utilities
• if 360 degrees of conduit bends is exceeded between vaults • sharp change in conduit alignment
• before or after bridge attachment
• before or after wall attachment
• before or after a long length of boring
• branching in the network
When installing vaults, every 5th vault will be a splice vault. A splice vault performs all of the functions of a pull vault but also allows for the splicing of the of the fiber optic cable segments based on the maximum spool length and serves as a demarcation point for broadband middle mile network trunk cable. A demarcation point is the physical point at which the last mile broadband provider connects to the statewide broadband middle mile network. As an example, a splice vault accepts a large cable 288 stands, 432 stands or 864 stands where the network cable segments are spliced and allows for fiber optic cable splices for delivery to last mile broadband network provider. Splice vaults also allow for 66 Item 7 C.

Caltrans to access the broadband middle mile middle mile network for connecting to Traffic Management System (TMS) elements.

Pull vaults must be placed at the end of structures to allow for conduit transitions and to allow for easier installation of the fiber because of the number of conduit bends required at a structure.

Pull vaults, commonly referred to as “hand holds” perform several important functions:
• Facilitate pulling cables for long distances.
• Provide drainage for the conduit system so that freezing water does not damage the conduit or cables.
• Provide a location for bending the conduit run without damaging the cables. • Provide a junction for conduits coming from different directions. • Provide access to the system for maintenance.
• In some situations, provides a location where a splice is made to allow local access to the fiber backbone.

Geotechnical Borings
Subsurface exploration boring may be required along the 10,000-mile installation in areas where trenchless technology (HDD or Jack and Drill) is used to determine the suitability of the construction, i.e. jacking and receiving pits, and ground movement at surface. These borings may be extended to about 5- to 10-foot below the bottom of the pits typically. Boring may also be required to determine the suitability of the subsurface conditions for the Repeater Hub foundations and would include sampling and testing. Where a majority of the 10,000-mile installation appears to be less than 5-foot construction using cut-and-cover method (trenching, plowing, trench in pavement), it’s anticipated that subsurface exploration boring may not be necessary unless there is substantial rock.

OTHER FOOTPRINT CONSIDERATIONS
The following describes staging and storage areas, access roads or other access needs. • Conduit, vaults, and fiber will be delivered to the construction site, stored and staged. • The bulk of the construction materials will be stored in warehouses throughout the state and then delivered to the contractor.
• Staging areas for construction equipment, materials, fuels, lubricants, and solvents will be established along the project routes during construction to allow more efficient use and 67 Item 7 C.
distribution of materials and equipment. Staging areas are typically locations where materials or equipment are stored for more than two days. Temporary parking areas may also be established to park vehicles and equipment during the workday or overnight. No new staging areas would be established in undisturbed areas. All staging areas will be located on private lands in existing contractor yards; existing commercial areas used for storing and maintaining equipment; previously cleared, graded, or paved areas; or level areas where grading and vegetation clearing are not required. Staging and parking areas are typically selected by the construction contractor, as needed, before and/or during construction. This practice is consistent with construction methods used throughout California and the United States. To ensure that sensitive environmental resources are avoided or adequately protected, the locations of all staging and parking areas would be determined in consultation with qualified biologists and archaeologists.

Because fuels, lubricants, and solvents would be stored in staging areas, all staging areas would be located at least 150 feet from sensitive stream/drainages. • Access to projects will be by existing access roads. Access roads will be needed to access the Repeater Huts. New access roads may be necessary to access vaults, but these will be avoided if possible. If a need for new access roads is determined, then the areas for these roads will require environmental compliance to be completed.

TYPICAL TIMING/SEQUENCING AT EACH LOCATION
Typical sequence and duration of activities and details and methods in the standard plans and standard specifications.

Standard Specifications: NSSP 87-19 FIBER OPTIC CABLE SYSTEMS (what other sections 86, 87? Section 9 Vegetation removal
Standard Plans curb gutter sidewalk, striping, drainage, MMBN Standard Details Sheets 1-47- which includes trenching and other installation methods, bridge attachment, obstructions, culvert
Duration of Activities
Installation is typically linear parallel to the state highway and is continually moving. Duration: plowing is the fastest and can install up to a few miles per day of conduit; Boring is at a medium rate (unless challenging soils encountered) and can install 2 to 3 runs of 500-700 feet each; Trenching is the slowest and has the largest disturbed footprint; trench-in-pavement (slower than plowing but quicker than boring) least footprint as it is within the road prism
Typical Sequence
a. Trench/bore/ or place on structure
b. Install vaults
c. Install conduit
68 Item 7 C.
d. Backfill – at the end of each day of trenching
e. Pull fiber
f. Splice fiber

FUTURE MAINTENANCE NEEDS
California Department of Technology (CDT) is the owner/operator and will be maintaining the middle mile. This will be done through the encroachment permit process. The encroachment permit issued by Caltrans will include the requirements for future permits, mitigation, etc. The permittee will be responsible for this prior to initiating construction.

AVOIDANCE OF SENSITIVE RESOURCES
Caltrans Environmental staff will work to design the project routes around sensitive resources and to site repeater stations, directional drilling points, vaults, and other project features in areas that do not support sensitive resources.

Sensitive resources (i.e., biological resources, cultural resources, waters, etc.) can be avoided through various means identified during the project design phase. However, there would also be avoidance measures occurring in the field during construction as a result of preconstruction surveys by qualified environmental staff. As required, the construction technique would be coordinated through a resource specialist (i.e., wildlife biologist, wetland ecologist, botanist, archaeologist, cultural resource specialist, tribes, water quality) familiar with the resource issue being avoided. Typical avoidance measures include minor modification of the project routes around the sensitive resource within the disturbed right-ofway, boring under the resource, or attaching the fiber optic cable to an existing bridge (in consideration of the historic status of the bridge). The locations of all sensitive resources and the methods to avoid them would be shown on the construction drawings. All sensitive resources would be staked and flagged in the field and marked on the construction drawings. Monitoring of these areas by biologists, archaeologists, and tribal members may be necessary and required. 69 Item 7 C.

Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community 0 0.5 0.25 Miles
0 0.5 1 0.25 Kilometers
N
Coastal Zone Boundary
MMBN Project Area
LCP Segments Santa Cruz
Aptos
Capitola

CITY OF CAPITOLA
Caltrans Middle-Mile Broadband Network (MMBN)
Soquel Creek
Capitola Wharf

SANTA CRUZ
CO

M O N T E R E Y B A Y
·}1
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MIDDLE-MILE BROADBAND NETWORK COASTAL ZONE

GUIDELINES FOR PROGRAMMATIC PERMITTING
California Department of Transportation
December 2022

TARGET AUDIENCE
This guidance is to support District Project Development Teams (PDTs) in complying with the California Coastal Act (Coastal Act), which mandates protection of coastal resources in California’s coastal zone. Design and construction of the Middle-Mile Broadband Network (MMBN) should consider opportunities to avoid and minimize coastal resource and public access impacts associated with project components as described in this guidance including the fiber optic conduit path, installation methods, vaults, network hub shelters, and fiber optic markers. Where necessary, mitigation for coastal resource impacts may be required.

District Project Environmental Team staff are available to support PDTs through the assessment of environmental impacts of feasible design options and associated best management practices to avoid and minimize coastal resource impacts—ultimately supporting an efficient and programmatic permitting process for MMBN projects. A key initial ingredient for streamlining permits will be to bundle together each District’s project segments that require Coastal Development Permits (CDPs) and work with the California Coastal Commission’s and local government’s staff to submit a consolidated permit application for processing.

This document covers suggestions for planning, siting, designing, and constructing the MMBN in ways to conform to Coastal Act policies. It is anticipated that there will be a clear reflection of the selected MMBN project design, along with any necessary permit conditions, within standard and nonstandard special provision contract specifications for MMBN projects in the coastal zone.

INTRODUCTION
Environmental considerations for the Coastal Zone are provided in this document to avoid and minimize impacts to environmental resources protected by the Coastal Act (“coastal resources”) and support a more streamlined coastal development permitting process for MMBN projects. Coastal resources include environmentally sensitive habitat areas (ESHAs); the marine 71 Item 7 C.

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environment; coastal waters including wetlands, streams, estuaries, lakes, and the ocean; cultural resources; scenic and visual resources; and prime agricultural lands. The Coastal Act generally requires new development, which includes the scope of work of the MMBN project, to avoid or minimize impacts to coastal resources. The Coastal Act also requires new development to protect and enhance public coastal access and minimize risks to life and property in areas with environmental hazards such as fire zones, flood zones, geologic hazards, and areas subject to sea level rise. Relevant policies of the Coastal Act are provided in Appendix A at the end of this document.

In general, the coastal development permitting process can be streamlined by avoiding coastal resources or by ensuring that the development activities have no potential for any adverse effect, either individually or cumulatively, on coastal resources. Where it is not possible to fully avoid areas with coastal resources, or impacts to such resources, implementation of sensitive design options and best management practices (BMPs) as discussed below can help minimize impacts and support findings of consistency of MMBN projects with the Coastal Act. Mitigation may be required for any unavoidable temporary or permanent coastal resource impacts. Early and frequent coordination with District Project Environmental Teams and California Coastal Commission (Coastal Commission) staff is strongly recommended to identify opportunities for coastal resource protection and coastal development permit streamlining.

This document focuses on environmental impacts to coastal zone resources resulting from feasible design options and BMP options for MMBN project segments within the Coastal Zone for the purposes of streamlining the coastal development permitting process. It aims to facilitate the siting, design, and construction of MMBN projects to be consistent with Coastal Act policy requirements. Separately, but similarly, this guidance is also consistent with SB 156 requirements for CEQA exemptions as follows:

1. The project is constructed along, or within 30-feet of, the right-of-way of any public road or highway.

2. The project is either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way.

3. The project incorporates, as a condition of project approval, measures developed to address potential environmental impacts.

4. The project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources.

FIBER OPTIC CONDUIT PATH
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For the fiber optic conduit path, the preferred siting from a coastal resource standpoint will be dependent on the location, the presence of coastal resources or coastal hazards, and the potential for impacts to those resources (including the potential need for mitigation). Determining these factors will heavily rely on discussions between District Project Environmental Teams, Coastal Commission staff, and other resource agencies as necessary. In general, placing conduit within the existing pavement footprint is most likely to avoid coastal resource impacts as construction would be occurring in a previously disturbed area and may reduce permitting requirements. Placing conduit as close to the edge of pavement as possible and/or in areas devoid of coastal resources as characterized in the March 25, 2022, Caltrans “Accommodation of Wired Broadband Facilities Within Access Controlled State Highway Right of Way” Memorandum also has the potential to avoid or reduce coastal resource impacts, as well as permitting complexities.

FIBER OPTIC CONDUIT INSTALLATION METHOD
Of the fiber optic conduit installation methods discussed in the MMBN Design Guidelines, the preferred option(s) from a coastal resource standpoint will depend on location, presence of coastal resources and environmental hazards, and the potential for coastal resource impacts. In general, in-pavement microtrenching and horizontal direction drilling (also known as boring) have reduced environmental impacts in past broadband projects as compared to the other underground installation methods (e.g., plowing and trenching) due to their reduced disturbance to unpaved surfaces that may contain coastal resources.

The following discussion addresses the potential impacts that the various installation methods can have on coastal resources, and best management practices (BMPs) for avoiding such impacts.

General BMPs that should be employed for programmatic permitting regardless of the installation method:

BIOLOGICAL AND CULTURAL BMPS:

1. As a general practice, ensure that biological and cultural resource awareness training with construction crews occurs prior to commencement of construction in or near such resource areas and that such training provides construction crews with relevant context on the requirements of the Coastal Act and any permit conditions of approval.

2. Prior to construction, as appropriate along focus segments, complete biological “clearance” surveys for sensitive species of nesting birds, amphibians, other wildlife, and rare plants as well as their habitat areas and flag off the boundaries of any identified nesting or breeding area, wetland, and any other type of ESHA with temporary construction 73 Item 7 C.

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fencing, flags, or similar means. Exact installation locations or methods may need to be adjusted to avoid these areas accordingly.

3. Prior to construction, as appropriate along focus segments, complete cultural “clearance” surveys for sensitive archaeological and tribal resources and flag off the boundaries of any identified resource areas with temporary construction fencing, flags, or similar means. Exact timing for clearance surveys may need to be adjusted to ensure they occur during the appropriate time for plant, animal, or bird identification, such as during the blooming period of various rare plant species. Exact installation locations or methods may need to be adjusted to avoid any identified sensitive areas accordingly.

4. Ensure that tribal consultations are timely and coordinated with Coastal Commission staff. Absent a process specific to MMBN, refer to the November 2022 Coastal Commission Memo: Tribal Consultation for Caltrans Projects for provisions, and that results of those consultations inform appropriate BMPs for constructing in or near areas of known or potential cultural resources.

5. Avoid ground-disturbing activities in areas that contain known cultural resources to the extent feasible. Cultural monitoring should occur in areas of known or potential cultural resources if avoidance is not feasible. If cultural resources will be impacted, additional treatment measures such as data recovery may be required.

6. Per SB 156 Statutory Exemption requirements, projects must include monitors during construction. Refer to the Standard Specifications, Section 14, for contract specifications associated with Environmental Stewardship and monitoring to ensure contractors meet permit requirements and other environmental commitments. Examples of Standard Specifications for inclusion within Section 14 include, but are not limited to, section 14-2.03A, “Archaeological Resources General,” section 14-2.03B “Archaeological Monitoring Area,” section 14-6.03D, “Contractor-Supplied Biologist,” section 14-6.03d(2), “Natural Resources Protection Plan,” and bid items “Contractor supplied biologist” (Item code 146001) and “Natural Resources Protection Plan (Item code 014424). On-site monitoring can significantly reduce the potential for impacts to coastal resources and associated mitigation requirements, as well as project delays, and is strongly recommended for all project segments where coastal resources may be present.

7. When required per the contract specifications, clean construction equipment prior to entering the work site to minimize the potential for the transport of non-native vegetation seeds and plant material.

8. Avoid impacts to tree roots by working around driplines of trees. Consult an International Society of Arboriculture (ISA) Certified Arborist for tree and root pruning.
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9. If tree removal is unavoidable, contact the Caltrans District Landscape Architect for approval.

HAZARD AVOIDANCE BMPS:

1. Avoid areas that are highly vulnerable to flood hazards, coastal erosion, and sea level rise. Sea level rise is expected to cause increasingly frequent flood events, accelerated coastal erosion rates, and rising groundwater levels, which may affect operations and maintenance needs. The MMBN may need to be incorporated into future sea level rise adaptation projects for the state highway system and cannot be expected to rely on existing or future shoreline protective devices.

2. Avoid installing above-ground components in high fire hazard zones and below-ground components in areas with high liquefaction potential and seismic activity to the extent feasible.

ACCESS AND CIRCULATION BMPS:

1. Limit the area of temporary impacts (e.g., staging and storage) to areas authorized by the Engineer. Consult with Coastal Commission staff on locations of concern and how temporary and permanent impacts are defined and treated.

2. Implement a public access and traffic safety plan to ensure safe and continuous public access and traffic circulation through or detoured around active construction segments.

WATER QUALITY BMPS:

1. Avoid construction during or immediately following heavy rain events to prevent runoff pollution.

2. Implement erosion, runoff, and sediment control BMPs for coastal water quality protection. Erosion control netting should be loose-weave and made of natural fibers to avoid potential for wildlife entanglement and plastic pollution.

3. All ground disturbance that occurs outside of paved areas should be appropriately stabilized and revegetated following construction utilizing only regionally appropriate or locally grown or collected native plant seeds, excluding any species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, or the State of California.

4. Ensure proper containment and disposal of any construction-related debris or hazardous materials.

5. Establish a plan for spill prevention and response measures.

6. For consistency with Stormwater Permit compliance, refer to Appendix G of the MMBN Design Guidelines.
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BAROTRAUMA EFFECTS ON AQUATIC SPECIES
Depending on site characteristics and proximity to water sources, the potential of any drilling or other construction activities to create barotrauma impacts on aquatic species should be assessed and a plan created for avoiding or minimizing those effects.

MITIGATION OF UNAVOIDABLE IMPACTS TO COASTAL RESOURCES
Mitigation for any temporary or permanent impacts to coastal resources may be necessary. Impacts to sensitive habitat are temporary only if the habitat will recover to its pre-impact condition and function within one year of disturbance.

If recovery will take more than one year, the impacts are permanent.

Depending on the circumstances, both temporary and permanent impacts may require mitigation. Following impact avoidance and minimization investigations, timely consultation between District Project Environmental and Landscape Architecture Teams and Coastal Commission staff should occur to determine whether, and at what ratios, mitigation may be necessary. Need for mitigation is determined by the type of resource being impacted, the size of the area being impacted, and the requirements of the Coastal Act or certified Local Coastal Program. Programmatic approaches to such mitigation may be explored.

IN-PAVEMENT MICRO-TRENCHING:

There are certain circumstances, including areas where the right of way contains highly sensitive resources or difficult geology or where the available right of way is too narrow to accommodate MMBN components, that inpavement micro-trenching may be preferred. Consideration also should be given to the fact that in-pavement micro-trenching is the most likely installation method to avoid impacts and thereby simplify or avoid permit requirements.

Within the coastal zone, this might include qualifying for a coastal development permit exemption or waiver when there are no sensitive coastal resources in close proximity, nor is there any potential to individually or cumulatively adversely affect such resources. Implementation of the applicable BMPs listed above is essential for avoiding individual or cumulative adverse impacts to coastal resources and obtaining a programmatic permit, waiver, or exemption.

HORIZONTAL DIRECTIONAL DRILLING:

Horizontal directional drilling (HDD) is another environmentally-preferable option as this installation method limits surface disturbance to areas of bore entry and exit pits and can allow for boring under rather than trenching through wetlands, streams, trees, and other ESHAs, as well as existing utilities and irrigation facilities.

Coastal resource concerns associated with HDD primarily include the potential for discharge of excavated materials, drilling muds, fluids and other materials from construction activities; the potential for hydraulic fracturing (frac-out) to 76 Item 7 C.

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impact coastal water quality or ESHAs; noise and vibration impacts to sensitive wildlife species that may occur in the project vicinity; vegetation impacts at bore entry and exit pits; trampling of sensitive wildlife or plant species during equipment mobilization; impacts to cultural resources during ground-disturbing activities outside of paved areas; and risk exposure to hazardous materials or environmentally hazardous areas.

BMPs to avoid or minimize these impacts include:

1. having a contingency plan or spill prevention plan in place to ensure swift and effective responses to any frac-outs or other fuel spills, including providing spill and frac-out equipment with each bore rig at all times during active drilling (refer to Appendix G: Stormwater Compliance in the MMBN Design Guidelines for consistency with Stormwater Permit Compliance)

2. implementing a soil and waste excavation and management plan to ensure proper drilling, stockpiling, and disposal procedures are followed throughout installation

3. identifying and avoiding drilling in any area with hazardous materials or high liquefaction potential

4. having a qualified biological and cultural monitor present throughout construction, as needed based on site conditions and resource proximity.

Similar BMPs may be necessary for other installation methods.

TRENCHING:

Trenching involves potential impacts to coastal resources as it involves grounddisturbing activities outside of existing paved areas. Specifically, the trenching procedure and equipment may involve vegetation removal, noise disturbance to nearby wildlife species, ground-disturbing activities in environmentally or culturally sensitive areas, and water quality impacts from sediment runoff.

Installation within previously disturbed areas that are devoid of coastal resources and implementation of the general BMPs listed above can help to avoid or minimize these coastal resource impacts. If there is any case where conduit must be installed through an environmentally or culturally sensitive area and alternative installation methods that would minimize impacts cannot be used, mitigation can be expected to be required for any temporary or permanent impacts.

PLOWING:

See trenching.

JACK AND DRILL:

See HDD.
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AERIAL INSTALLATION:

The MMBN is planned for underground installation only. Under rare circumstances, with approval from CDT, aerial installation may be considered.

Potential impacts from aerial installation include impacts to scenic and visual resources (e.g., obstruction of a protected view, location within a designed scenic area); exposure to environmental hazards (e.g., risks associated with location in a high fire hazard severity zone); and impacts to any vegetation, water resources, or cultural resources that must be removed or disturbed during construction.

BMPs for avoiding these potential impacts include using underground installation methods where feasible; or, where underground installation is not feasible or would cause greater environmental impacts, aerial installation should utilize existing utility infrastructure as available. Co-locating broadband cable with existing utilities on existing poles to the greatest extent feasible would be the first preference. Where new utility poles would be required, the following BMPs would help to avoid or minimize coastal resource impacts:

1. Limit the number of new poles and pole heights such that obstruction of any protected views and intrusion into any designated scenic areas is minimized to the extent feasible. Providing visual impact analyses such as project renderings and early coordination with the Coastal Commission will support efforts to minimize visual impacts.

2. Avoid areas that are subject to fire hazards, flood hazards, geologic and seismic hazards, and sea level rise to the extent feasible. If such areas cannot be avoided, provide appropriate design features (e.g., fireproofing, flood-proofing) to minimize risks and support safe, on-going operations of the MMBN.

3. Avoid vegetation removal or surface water disturbance to the extent feasible. Where this is not feasible, ensure that a qualified biological monitor is present to identify and protect any sensitive wildlife or plant species, such as through pre-construction biological surveys.

4. Avoid and minimize surface disturbance activities where any cultural resources may be present.

STRUCTURE ATTACHMENT:

Structure attachment (i.e., installation on bridges) can avoid coastal resource impacts typically associated with ground-disturbing activities but has the potential to disturb sensitive wildlife such as nesting birds and roosting bats that may use the structure or the surrounding area for habitat. BMPs to avoid or minimize these impacts include avoiding installation during bird nesting and bat roosting seasons, conducting pre-construction surveys to identify any active nests or roosts, and providing a qualified biological monitor to assist in halting or adjusting construction activities to avoid wildlife impacts as necessary. 78 Item 7 C.

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FIBER OPTIC MARKERS
Fiber optic markers have the potential for visual impacts as an above-ground component of the MMBN. To reduce visual impacts from the fiber optic markers, the Disk Marker is the preferred option. Opportunities to install fiber optic markers on pre-existing signs, guard rails, or other transportation system infrastructure should be utilized to further reduce the potential for visual impacts.

VAULTS
Placement of vaults must consider avoidance of protected coastal resources and environmental hazard areas. Specifically, consideration of vault spacing flexibility (i.e., less than the standard requirement of every 2,500 feet) is necessary for vaults in the following locations:

1. Inundated or Saturated Soils

2. Waters of the U.S. or State

3. Wetlands

4. Rivers / streams

5. Environmentally sensitive habitat areas

6. Presence of Cultural or Tribal Resources

7. Designated scenic areas

8. Protected visual resources

9. Prime agricultural soils

10.Areas with high fire, flood, geologic, or other environmental hazards, will be exacerbated by sea level rise
BMPs for avoiding or minimizing coastal resource impacts that may be caused by vaults include:

1. To the extent feasible, install vaults underground or flush with the ground within previously disturbed right-of-way areas. Where vaults must be above-ground, co-locate vaults with existing state facilities or infrastructure.

2. Avoid siting vaults within cultural resource areas, environmental hazard areas, and areas with prime agricultural soils. Siting vaults in areas subject to current or future flood and erosion hazards and sea level rise inundation may cause future operations and maintenance issues.

3. If hazard areas cannot be avoided, provide appropriate design features (e.g., fireproofing, flood-proofing) to minimize hazards risks and support safe, on-going operations of the MMBN.

4. Provide qualified biological and cultural monitors during ground disturbing activities.

5. Consider aesthetic treatments such as colorization or screening to improve compatibility with the surrounding environment and community character. Consult with the Caltrans District Landscape Architect for recommendations on aesthetic treatments to address visual impacts. 79 Item 7 C.

Caltrans MMBN Coastal Zone Guidelines for Programmatic Permitting Page | 10
For vaults proposed in or near wetlands, consult with the District Project Environmental Teams and Coastal Commission staff to determine if the vault is an allowed use within wetlands pursuant to the Coastal Act, options for relocating the vault with an appropriate buffer distance from wetlands (typically 100 feet), and whether mitigation may be necessary for any unavoidable impacts.

The Coastal Act requires the protection of ESHAs from any significant disruption of habitat values and only allows for uses that are dependent on ESHA resources; broadband is not such a use. Every effort should be made to site development such as vaults out of ESHAs because of these prohibitions, or more complicated permitting considerations and procedures will be triggered.

VAULTS MARKERS
Vault markers have the potential for visual impacts as an above-ground component of the MMBN network. To reduce visual impacts from the Vault Markers, the Disk Marker is the preferred option. Opportunities to install vault markers on pre-existing signs, guard rails, or other transportation system infrastructure should be utilized to further reduce the potential for visual impacts.

NETWORK HUB SHELTERS
Placement of network hub shelters must consider avoidance of protected coastal resources and environmental hazard areas. Advance consultations between Caltrans and Coastal Commission staff regarding the siting of network hub shelters in the coastal zone are strongly recommended. Specifically, consideration of network hub shelter spacing flexibility (i.e., within 5 miles of the proposed location) is necessary for network hub shelters that are proposed within or in close proximity to the following locations:

1. Inundated or Saturated Soils

2. Waters of the U.S. or State

3. Wetlands

4. Rivers / streams

5. Environmentally sensitive habitat areas

6. Presence of Cultural or Tribal Resources

7. Designated scenic areas

8. Designated scenic highways

9. Protected visual resources

10.Viewsheds from public beaches or trails

11.Prime agricultural soils

12.Areas with high fire, flood, geologic, or other environmental hazards, including those that will be exacerbated by sea level rise 80 Item 7 C.

Caltrans MMBN Coastal Zone Guidelines for Programmatic Permitting Page | 11
BMPs for avoiding or minimizing coastal resource impacts that may be caused by network hub shelters include:

1. To the extent feasible, site network hub shelters within previously disturbed right-of-way areas and co-locate network hub shelters with existing state facilities or infrastructure, particularly those areas where electrical service is already available; this can both reduce environmental impacts and potential construction delays.

2. Site network hub shelters a minimum of 100 feet from any ESHA, wetland, and stream/riparian corridor.

3. Avoid siting network hub shelters within cultural resource areas, environmental hazard areas, and areas with prime agricultural soils. Siting network hub shelters in areas subject to current or future flood hazards, coastal erosion, and sea level rise inundation may cause future operations and maintenance issues. Network hub shelters must be sited to avoid the need for shoreline protective devices (e.g., seawalls, revetments) over the full design life of the infrastructure.

4. If hazard areas cannot be avoided, provide appropriate design features (e.g., fireproofing, flood-proofing) to minimize hazards risks and support safe, on-going operations of the MMBN.

5. Provide qualified biological and cultural monitors during ground disturbing activities.

6. Every effort should be made to place network hub shelters outside of ESHAs, provide adequate buffers around those areas, and avoid any negative impacts to coastal public access. Consult with the Caltrans District Landscape Architect for recommendations on adequate buffers to address visual impacts.

Aesthetic treatments such as architectural styling, colorization and other design options for the fence, shelter structure, and any other above-ground infrastructure to match the surrounding community character should be considered. Providing visual impact analyses such as network hub shelter renderings and early coordination with Coastal Commission staff will support efforts to minimize visual impacts and speed the process for appropriately siting the facilities. Consult with the Caltrans District Landscape Architect to perform a visual impact analysis.

APPENDIX A: RELEVANT COASTAL ACT POLICIES
Relevant policies of the Coastal Act include, but are not limited to, the below.

For complete and current Coastal Resources Planning and Management Policies, reference Chapter 3 of the Coastal Act.
30210. In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously 81 Item 7 C.

Caltrans MMBN Coastal Zone Guidelines for Programmatic Permitting Page | 12
posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
30211. Development shall not interfere with the public’s right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
30230. Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. 30231. The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. 30232. Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided for accidental spills that do occur.
30240. (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.
82 Item 7 C.

Caltrans MMBN Coastal Zone Guidelines for Programmatic Permitting Page | 13
30244. Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required. 30251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. 30253. New development shall do all of the following:
(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard.
(b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.
(c) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development.
(d) Minimize energy consumption and vehicle miles traveled. (e) Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.
30270. The commission shall take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, avoid and mitigate the adverse effects of sea level rise.
83 Item 7 C.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: Community Development Department
Subject: Regional Bikeshare Contract Amendment
Recommended Action: Authorize City Manager to sign Amendment 1 to the Professional Service Agreement with BCycle for a regional bikeshare program to modify the required aggregate insurance coverage for cyber liability from $10 million to $5 million.

Background: On January 12, 2023, the City Council authorized a five-year Professional Service Agreement (PSA) with BCycle for the Regional Bikeshare Program.

Discussion: On March 2, 2023, BCycle requested a modification of the PSA to decrease the aggregate insurance coverage for cyber liability from $10 million to $5 million. The PSA authorized in January requires coverage of $5M per occurrence and $10M aggregate for cyber liability. BCycle currently has a coverage of $5M per occurrence and $5M aggregate, which applies to all other operating agreements.

Upon discovering the discrepancy, BCycle reached out to their insurance broker to understand the process of seeking additional coverage and concluded additional coverage is not a feasible option.

BCycle is requesting an update to the PSA language to reflect their current coverage levels ($5 million).

In the email request to staff, BCycle indicated:
“Trek's Treasury team and our insurance broker believe that $5M in aggregate coverage is adequate for a business of BCycle's size and type, and it has never been an issue during our 10+ years of operation. $5M in aggregate coverage for cyber liability is the same level of coverage we have in place for all other BCycle operating agreements (Santa Barbara, Boulder, Madison, Encinitas, Nashville, San Antonio, Greenville, Broward County) as well as for all the 25+ systems we support as a software provider for (i.e., LA, Philadelphia, Austin, Las Vegas, Indianapolis, Cincinnati, Fort Worth, etc.).

City staff recently met with representatives from all participating agencies and educational institutions to discuss the request. All entities are in support of the request and are currently processing the PSA amendment.

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

Attachments:

1. Amendment 1 to PSA
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
84 Item 7 D.

Amendment No. 1 to Professional Services Agreement for Santa Cruz County Regional Bike Share Program
The Professional Services Agreement for Santa Cruz County Regional Bike Share Program (the “Agreement”) entered into by and between The Regents of the University of California, on behalf of its Santa Cruz campus and BCycle as of January 6, 2023, is hereby amended by this Amendment No. 1 (the “Amendment”) as follows:

1. Data Security and Privacy Liability Insurance. The following language in Exhibit G of the Agreement--
 “For Data Security and Privacy Liability

1. Vendor shall maintain or more insurance policies – Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $10,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Vendor in this Contract.”
--Is hereby replaced with the following in its entirety:
 “For Data Security and Privacy Liability

2. Vendor shall maintain or more insurance policies – Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Vendor in this Contract.”
Unless otherwise amended as provided herein, all other terms and conditions of the Agreement shall remain as written. This Amendment may be executed in any number of counterparts and exchanged electronically, including by facsimile or by e-mail, and each such counterpart shall be construed as an original document. This Amendment shall not be binding until executed by both parties as provided below. Any terms capitalized but not defined herein shall have the meaning ascribed to them under the Agreement.
[SIGNATURE PAGE FOLLOWS. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
85 Item 7 D.

The Regents of the University of California, on behalf of its Santa Cruz campus:

By: _______________________
Date: _____________________
BCycle
By: _______________________
Date: _____________________
86 Item 7 D.

Capitola City Council
Agenda Report
Meeting: April 13, 2023
From: City Manager Department
Subject: Conflict of Interest Code
Recommended Action: Adopt a resolution amending the City of Capitola’s Conflict of Interest Code to reflect the current organizational structure.

Background: The California Political Reform Act requires jurisdictions to adopt a Conflict of Interest Code to identify positions that involve decision-making or participation in decision-making that may affect the personal economic interests of people holding these positions. These positions are in addition to those mandated in Government Code 87200. Once designated, the individuals occupying these positions are required to make annual disclosures in a Statement of Economic Interest (Form 700) regarding sources of income. These may include investments, interest in real property, and any business positions held outside of their employment with the City, and are identified in order to avoid potential conflicts of interest.

The California Fair Political Practices Commission (FPPC) requires local jurisdictions to review (and amend, if necessary) their conflict-of-interest code biennially. The last update was adopted February 11, 2021.

Discussion: The proposed changes to the City’s Conflict of Interest Code:
 Change title of Recreation Supervisor to Recreation Division Manager  Remove Successor Agency position
Fiscal Impact: There is no fiscal impact associated with this resolution.

Attachments:

1. Resolution
Report Prepared By: Julia Moss, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
87 Item 7 E.

RESOLUTION NO. XXXX
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
RESCINDING RESOLUTION NO. 4210.1 AND ADOPTING A REVISED

CONFLICT OF INTEREST CODE FOR THE CITY OF CAPITOLA
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal.

Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code; and
WHEREAS, said standard conflict of interest code can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act; and WHEREAS, the City of Capitola adopted a revised Conflict of Interest Code effective on February 11, 2021, by Resolution No. 4210.1; and
WHEREAS, the Conflict of Interest Code is currently being updated to add to the list of designated positions in Appendix C and to clarify its application to designated persons.

NOW, THEREFORE, the City Council of the City of Capitola resolves as follows:

1. As of April 13, 2023, Resolution No. 4210.1 is rescinded, and this resolution shall become effective.

2. This resolution does not pertain to the following offices because these offices are already regulated by and subject to Government Code Section 87200:

Council Members, Planning Commissioners, City Manager, and City Attorney.

3. The terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix “A” and “B” in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Capitola.

4. Upon electronic filing or receipt of the statements of the Council Members, Planning Commission Members, City Manager, and City Attorney, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Designated employees shall file statements of economic interests with the City Clerk who will make the statements available for public inspection and reproduction (Government Code Section 81008). The City Clerk will retain statements for all designated employees.
88 Item 7 E.

RESOLUTION NO. XXXX
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the XX day of XX, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Margaux Keiser, Mayor
ATTEST:
__________________________
Julia Moss, City Clerk
89 Item 7 E.

RESOLUTION NO. XXXX
APPENDIX "A"

LIST OF DESIGNATED POSITIONS

TITLE DISCLOSURE CATEGORIES
Architectural & Site Review
Committee Public Members
(Architect, Landscape Architect, and Historian) A
Art & Cultural Commission Members A
Assistant to the City Manager C, D
Associate Planner C, D
Building Official C, D
Chief of Police A
City Clerk C
Community Development Director C, D
Deputy City Attorney A
Environmental Project Manager C, D
Field Supervisor C
Information Systems Specialist B
Finance Director A
Historical Museum Board Members and Curator C
Police Captain A
Project Manager C, D
Public Works Director C, D
Recreation Division Manager C
Senior Planner C, D
Senior Mechanic C
Consultants * A
*Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section.

Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 90 Item 7 E.

RESOLUTION NO. XXXX
APPENDIX "B"

DISCLOSURE CATEGORIES
The Disclosure Categories for the City of Capitola are listed below.

CATEGORY A. All sources of income, interests in real property, and investments and business positions in business entities.

CATEGORY B. Investments and positions in business entities, and sources of income, including interests in real property, if the source is of the type which provide services, supplies, materials, machinery, or equipment of the type utilized by the City of Capitola.

CATEGORY C. Investments and positions in business entities, and sources of income, if the source is of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee's department or division.

CATEGORY D. Investments and positions in business entities, and sources of income, including interests in real property, if the source is of the type that is subject to the regulatory permit or licensing authority by the department in which that person is employed or if the source of income is from land development, construction or the acquisition or sale of real property by the City of Capitola.

General Provisions
When a designated person is required to disclose investments and sources of income, the person need only disclose investments in business entities and sources of income, which are doing business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated person is required to disclose interests in real property, the person need only disclose real property, which is located in whole or in part within, or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.

Designated persons shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix "A."
91 Item 7 E.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: City Manager Department
Subject: California Assembly Bill 953
Recommended Action: Authorize the Mayor to sign a letter in support of California Assembly Bill 953, which proposes a voluntary vessel speed reduction and sustainable shipping program.

Background: At the April 13, 2023, City Council meeting, Vice Mayor Brown requested an item be brought forward to Council to support proposed California State Assembly Bill 953 (AB953), which would implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts.

Assemblymembers Connolly and Hart (Districts 12 and 37 respectively) presented AB953 to the California Assembly on February 14, 2023; the Bill was referred to the Committee on Natural Resources on March 28, 2023.

The California League of Cities has taken a “watch” position on AB953.

Discussion: Attached is a letter of support for AB953, which, once signed, will be sent to the California Committee on Natural Resources, and the California Committee on Water, Parks, and Wildlife with copies to Assemblymembers Connolly, Hart, and Addis.

Fiscal Impact: None.

Attachments:

1. Letter of Support
Report Prepared By: Austin Westly, Deputy City Clerk
Reviewed/Approved By: Julia Moss, City Clerk; Jamie Goldstein, City Manager 92 Item 7 F.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
April 27, 2023
The Honorable Rebecca Bauer-Kahan
Chair, Assembly Committee on Water, Parks,
and Wildlife 1020 N Street, Room 160
Sacramento, CA 95814
Subject: City of Capitola’s Support for AB 953 (Connolly and Hart) Dear Chair Bauer-Kahan,
The City of Capitola is pleased to express support for AB 953 (Connolly and Hart). This legislation will develop a statewide voluntary vessel speed reduction (VSR) and sustainable shipping program for the California coast to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. Specifically, the statewide program will provide publicity to participants, collect data on program benefits, and will provide financial incentives to participants to the extent funding is available. This program would build upon the existing Protecting Blue Whales and Blue Skies VSR program for coastal areas of Santa Barbara, Ventura, and the Bay Area, expanding to include Monterey, San Diego, San Luis Obispo, and the North Coast, which would yield additional public health and ecosystem benefits. This bill would task the Ocean Protection Council, in coordination with California air districts along the coast and in consultation with the United States Coast Guard, the federal Office of National Marine Sanctuaries, the federal Environmental Protection Agency, the United States Navy, the State Air Resources Board, and other stakeholders, to create a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast.

Since the Protecting Blue Whales and Blue Skies program’s inception in 2014 through 2021, it has achieved 526,211 slow-speed miles, a reduction of more than 2,300 tons of oxides of nitrogen (NOx), a reduction of over 76,000 metric tons of greenhouse gas emissions, and an estimated 50 percent decreased risk of fatal whale strikes during prime migration season in the targeted coastal areas. This program has encouraged ocean-going container vessels and other ships to voluntarily travel 10 knots or less in the designated areas to reduce air pollution and harmful whale strikes by providing small incentives and publicity to program participants.

Every year, the world’s largest container ships and auto carriers make thousands of transits along the California coast, with an estimated 120 tons per day of NOx, a major contributor to smog and acid rain, being emitted within 100 nautical miles of the coast. These emissions 93 Item 7 F.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
negatively affect the public health of coastal communities and cause some areas of the coast to exceed national and state ambient air quality standards. However, ocean-going vessels are not subject to any state or federal engine requirements intended for emission reductions.

The City of Capitola is a coastal community serving approximately 10,000 residents and thousands of annual tourists. Pollution from mobile sources, such as cars, trucks and ships, accounts for approximately seventy percent of emissions throughout our three-county jurisdiction. Reducing mobile source emissions will have a beneficial effect on air quality and help to improve public and environmental health along California’s coast, including Monterey and Santa Cruz Counties.

The City of Capitola appreciates the opportunity to submit our comments on this important piece of legislation and urges you to support AB 953 when it comes before you for consideration. For more information about The City of Capitola’s support for AB 953, please feel free to contact 831-475-7300.

Sincerely,
Margaux Keiser
Mayor, City of Capitola
cc: The Honorable Damon Connolly, Assemblymember, 12th District The Honorable Gregg Hart, Assemblymember, 37th District Members of the Assembly Committee on Water, Parks, and Wildlife 94 Item 7 F.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: Police Department
Subject: Surplus Sale and Purchase of City Vehicles
Recommended Action: Declare two Police Department vehicles as surplus property and authorize the sale of the vehicles; authorize the City Manager to purchase a replacement vehicle in an amount not to exceed $55,000; and adopt a resolution amending the Fiscal Year 2022-23 Adopted Budget.

Background: City Council authorization is required for the sale/trade of all City vehicles. Staff is recommending the sale/trade of a 2011 Chevy Tahoe (VIN 1GNLC2E01BR116483) with 76,848 miles.

This vehicle was previously used as a command patrol vehicle for supervisors. The vehicle requires significant repair and has no further value for our fleet.

City staff is also recommending the sale/trade of a 2017 Toyota Highlander (VIN 5TDZARFH2HS389250) with 45,561 miles. This vehicle was previously used as an unmarked detective vehicle. The vehicle sustained water damage beyond repair after being partially submerged during the 2023 storms.

Discussion: The listed vehicles have been removed from our patrol fleet and have been determined that they can be sold for parts or sold at an auction.

Staff has sourced a new vehicle from Folsom Lake Ford. In accordance with current legislation regarding the purchasing of electric vehicles, staff sourced an electric Ford Mach-E at a cost of approximately $51,100.

Fiscal Impact: Staff estimates the proceeds of the sale/auction to be $500 for each surplus vehicle. The proceeds from this sale will be deposited in the Equipment Replacement Fund. The estimated cost of the Mach-E is $51,600 which includes $500 for shipping and will be purchased from the Equipment Replacement Fund which has an estimated available fund balance of $500,000.

Attachments:

1. Invoice from Folsom Lake Ford

2. Resolution Amending the FY 2022-23 Budget
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Julia Moss, City Clerk; Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
95 Item 7 G.
96 Item 7 G.

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE 2022-23 FISCAL YEAR CITY BUDGET AND CAPITAL IMPROVEMENT

PROGRAM BUDGET
WHEREAS, it is necessary to adopt the 2022-23 Fiscal Year Budget for all City funds and Capital Improvement Program; and
WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 23, 2022 adopted such budget for the Fiscal Year July 1, 2022, through June 30, 2023; and WHEREAS, since the adoption of the budget the Police Department’s 2017 Toyota Highlander used as an unmarked detective vehicle sustained water damage beyond repair during the 2023 storms; and
WHEREAS, the 2017 Toyota Highlander was not scheduled to be replaced during the current fiscal year an amendment to the budget is required to purchase a replacement vehicle; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2022-2023 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Finance Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Finance Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 27th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Marguax Keiser, Mayor
ATTEST:
____________________ ___
Julia Moss, City Clerk
97 Item 7 G.
98 Item 7 G.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: Public Works Department
Subject: Stockton Avenue Bridge Repairs Design Contract Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Moffatt and Nichol in an amount not to exceed $34,488 for design, permitting, and construction support services for the repair of for the Stockton Avenue Bridge in substantially similar form, as approved by the City Attorney, as the attached agreement.

Background: On January 5, 2023, Stockton Avenue Bridge sustained damage to the pier walls and west wing wall due to storm activity. The damage does not currently threaten the integrity of the bridge but requires immediate repair. Staff has been advised by Caltrans staff to pursue repairs though the Federal Highway Administration (FHWA) Emergency Relief Program.

Discussion: Staff solicited a proposal for design, permitting, and construction support services to two firms and received the attached proposal from Moffat and Nichol (Appendix 1 to Attachment 1).

Upon the award of contract, Moffatt and Nichol will immediately begin to complete an engineered design to bid for emergency repairs. Estimated start of construction is early June 2023.

Fiscal Impact: Both design and repair costs are anticipated to be 100% reimbursable under the FHWA Emergency Relief Program.

Attachments:

1. Professional Services Agreement
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
99 Item 7 H.

CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT
Repair of Stockton Avenue Bridge
Moffatt and Nichol

THIS AGREEMENT is entered into on April 27, 2023, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and Moffat and Nichol, hereinafter called "Consultant".

WHEREAS, City desires certain services described in Appendix One and Consultant is capable of providing and desires to provide these services;
NOW, THEREFORE, City and Consultant for the consideration and upon the terms and conditions hereinafter specified agree as follows:

SECTION 1
Scope of Services
The services to be performed under this Agreement are for Jade Street Park Universally Accessible Playground Project and further detailed in Appendix One.

SECTION 2
Duties of Consultant
All work performed by Consultant, or under its direction, shall be sufficient to satisfy the City's objectives for entering into this Agreement and shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession.

Consultant shall not undertake any work beyond the scope of work set forth in Appendix One unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

If, in the prosecution of the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, nevertheless, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with Public Works Director, called “Director," or other City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant's services described in Appendix One. Such meetings shall be held at the request of either party hereto. Review and City approval of completed work shall be obtained monthly, or at such intervals as may be mutually agreed upon, during the course of this work.

SECTION 3
Duties of the City
City shall make available to Consultant all data and information in the City's possession which City deems necessary to the preparation and execution of the work, and City shall actively aid and assist Consultant in obtaining such information from other agencies and individuals as necessary.

The Director may authorize a staff person to serve as his or her representative for conferring with Consultant relative to Consultant's services. City shall not control or direct the manner in which the services are to be performed. However, the work in progress hereunder shall be reviewed from time to time by City at the discretion of City or upon the request of Consultant. If the work is satisfactory, it will be approved.

If the work is not satisfactory, City will inform Consultant of the changes or revisions necessary to secure approval.
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SECTION 4
Fees and Payment
Payment for the Consultant's services shall be made upon a schedule and within the limit, or limits shown, upon Appendix Two. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in carrying out the work. If Consultant is compensated on an hourly basis, Consultant shall track the number of hours Consultant, and each of Consultant’s employees, has worked under this Agreement during each fiscal year (July 1 through June 30) and Consultant shall immediately notify City if the number of hours worked during any fiscal year by any of Consultant’s employees reaches 900 hours. In addition, each invoice submitted by Consultant to City shall specify the number of hours to date Consultant, and each of Consultant’s employees, has worked under this Agreement during the current fiscal year.

SECTION 5
Changes in Work
City may order major changes in scope or character of the work, either decreasing or increasing the scope of Consultant's services. No changes in the Scope of Work as described in Appendix One shall be made without the City's written approval. Any change requiring compensation in excess of the sum specified in Appendix Two shall be approved in advance in writing by the City.

SECTION 6
Time of Beginning and Schedule for Completion
This Agreement will become effective when signed by both parties and will terminate on the earlier of:
 The date Consultant completes the services required by this Agreement, as agreed by the City; or  The date either party terminates the Agreement as provided below.

Work shall begin on or about May 1, 2023.

In the event that major changes are ordered or Consultant is delayed in performance of its services by circumstances beyond its control, the City will grant Consultant a reasonable adjustment in the schedule for completion provided that to do so would not frustrate the City's objective for entering into this Agreement.

Consultant must submit all claims for adjustments to City within thirty calendar days of the time of occurrence of circumstances necessitating the adjustment.

SECTION 7
Termination
City shall have the right to terminate this Agreement at any time upon giving ten days written notice to Consultant. Consultant may terminate this Agreement upon written notice to City should the City fail to fulfill its duties as set forth in this Agreement. In the event of termination, City shall pay the Consultant for all services performed and accepted under this Agreement up to the date of termination.

SECTION 8
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Insurance
Consultant shall procure and maintain for the duration of the contract and for ___ years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California, and Employer’s Liability Insurance.

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

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability:
(including operations,
products and completed
operations)
$1,000,000 per occurrence and $2,000,000 in
aggregate (including operations, for bodily injury,
personal and property damage.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. 4.

Employer’s Liability Insurance
Errors and Omissions
Liability:

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

Other Insurance Provisions
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The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Capitola, its officers, officials, employees and volunteers are to be covered as additional insured’s as respects: liability arising out of work or operations performed by or on behalf of the Consultant or automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Capitola for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 9
Indemnification
For General Services: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, employees from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses (including attorneys’ fees and costs) arising from the acts or omissions of Consultant’s employees or agents in any way related to the obligations or in the performance of services under this Agreement, except for design professional services as defined in Civil Code § 2782.8, and except where caused by the sole or active negligence, or willful misconduct of the City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, and employees from and against any and all claims, demands, actions, liabilities, damages, or expenses (including 103
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Professional Services Agreement April 27, 2023
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attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s employees, or agents in any way related to the obligations or in the performance of design professional services under this Agreement as defined in Civil Code §2782.8, except where caused by the sole or active negligence, or willful misconduct of the City. The costs to defend charged to the Consultant relating to design professional services shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8.and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant, Consultant’s employees, agents or subcontractors, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

SECTION 10
Civil Rights Compliance/Equal Opportunity Assurance
Every supplier of materials and services and all consultants doing business with the City of Capitola shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, consultant shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age or sex with respect to hiring, application for employment, tenure or terms and conditions of employment. Consultant agrees to abide by all of the foregoing statutes and regulations.

SECTION 11
Legal Action/Attorneys' Fees
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he or she may be entitled. The laws of the State of California shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 12
Assignment
This Agreement shall not be assigned without first obtaining the express written consent of the Director after approval of the City Council.

SECTION 13
Amendments
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City Council, or an officer of the City when the City Council may from time to time empower an officer of the City to approve and authorize such amendments. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Appendix Two. Such authority is retained solely by the City Council. Unless expressly authorized by the City Council, Consultant's compensation shall be limited to that set forth in Appendix Two.

SECTION 14
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Miscellaneous Provisions

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

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

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

Consultant warrants that he or she has complied with any and all applicable governmental licensing requirements.

4. Other Agreements. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter, and no other agreement, statement or promise related to the subject matter of this Agreement which is not contained in this Agreement shall be valid or binding.

5. City Property. Upon payment for the work performed, or portion thereof, all drawings, specifications, records, or other documents generated by Consultant pursuant to this Agreement are, and shall remain, the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with the City's use and/or occupancy of the project. The drawings, specifications, records, documents, and Consultant's other work product shall not be used by the Consultant on other projects, except by agreement in writing and with appropriate compensation to the City.

6. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred for this project. Such records and documentation shall be kept available at Consultant's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final City payment for Consultant's services.

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

8. Conflicts of Interest. Consultant stipulates that corporately or individually, its firm, its employees and subcontractors have no financial interest in either the success or failure of any project which is, or may be, dependent on the results of the Consultant's work product prepared pursuant to this Agreement.

9. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:

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CITY CONSULTANT

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
Moffatt and Nichol
2185 N. California Blvd, Suite 500
Walnut Creek, CA 94596
925-944-5411
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________

Dated:________________________________ Dated:_______________________________

Approved as to Form:
_______________________________
Samantha W. Zutler, City Attorney

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Professional Services Agreement April 27, 2023
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Moffatt and Nichol

APPENDIX ONE
Scope of Services

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2185 N. California Blvd, Suite 500
Walnut Creek, CA 94596
(925) 944-5411 Fax: (925) 944-4732
www.moffattnichol.com
January 13, 2023
City of Capitola Public Works Department
420 Capitola Avenue
Capitola, CA 95010
Subject:Proposal for Engineering Services for the Stockton Avenue Bridge over Soquel Creek Dear Mr. Mozumder,
We are writing to present the City of Capitola Public Works Department (City) a proposal for design engineering and environmental clearance of emergency repairs to the Stockton Avenue bridge over Soquel Creek. Our understanding of the damage is based on before and after photos (Attachment A) of the west pier wall sent to M&N by the City on January 9, 2023. The after-photo shows at least three major spalls with exposed reinforcement on the west face of the pier wall that appear to have been caused by recent storm activity. The proposal assumes that the project will be approved and constructed under emergency permits.

SCOPE OF WORK
We will conduct the work in three primary tasks, described below.

Task 1 – Design Engineering
We will develop a repair plan to patch the spalls observed on the west face of the west pier wall. The repair plan will include signed and stamped engineering details and sheet specifications that can be used by a contractor to implement the repairs. The nature and extent of repairs will be estimated from the after-photo provided in Attachment A. The detail sheet will also include sufficient direction for the contractor to repair other spalls and/or areas of delaminated concrete if additional damage is discovered by the City or contractor.

Task 2 – Prepare California Environmental Quality Act (CEQA) Document and Submit Regulatory Permits Based on our understanding of the proposed project, we anticipate that the proposed emergency project will qualify as an “emergency” per CEQA Guidelines Section 15269(a). We will prepare a Notice of Exemption (NOE) Form and coordinate with the City to file it with the Santa Cruz County Clerk. It is assumed the City will take the lead with filing the NOE Form.

We will prepare emergency permit applications for City signature and submittal to the agencies. Draft permit applications will be submitted to the City for review prior to submittal to the agencies. Should the agencies determine that the repairs do not qualify for emergency permitting and full permit applications are requested, additional scope and fee will be required. Emergency permits are anticipated from the following agencies:
• United States Army Corps of Engineers (USACE)
• California Coastal Commission (CCC)
The following agencies will not require permits but must be notified of emergency activities:
• Regional Water Quality Control Board (RWQCB)
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City of Capitola Public Works Department
January 13, 2023
• California Department of Fish and Wildlife (CDFW) – CDFW must be notified in writing within 14 days of beginning emergency project/work. Notify CDFW through the EPIMS Permitting Portal.

Task 3 – Construction Support
Under this task, we will provide design services during construction. Services include reviewing limited construction submittals and responding to contractor requests for information. A total of eight hours is assumed for this task, and it is assumed that no field visits will be required. The City will be notified, and a separate scope and fee will be prepared if construction support effort exceeds eight hours or if site visits are requested.

ENGINEERING FEE
We propose to complete the work on a Time and Materials basis, Not to Exceed $34,488. A breakdown of the cost by task is provided in the table below and is based upon the assumptions on the next page.

Task Cost
Task 1 - Design Engineering $ 11,662.00
Task 2 - Prepare CEQA Document and Submit Regulatory Permits $ 19,726.00 Task 3 - Construction Support $ 2,900.00
Direct Expenses $ 200.00
TOTAL: $ 34,488.00
We appreciate your confidence in our services and the opportunity to be of continued assistance to the City of Capitola. Should you have any questions, feel free to contact Project Manager, Garrett Dekker, or Principalin-Charge, Brad Porter.

Sincerely,

MOFFATT & NICHOL
Garrett Dekker, PE
Project Manager
925-956-4947
[email protected]
Brad Porter, PE
Principal-in-Charge
925-956-4939
[email protected]
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APPENDIX TWO
Fees and Payments

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

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

Expenses may include travel, meals and lodging while traveling, materials other than normal office supplies, reproduction and printing costs, equipment rental, computer services, service of subconsultants or subcontractors, and other identifiable job expenses. The use of Consultant’s vehicles for travel shall be paid at the current Internal Revenue Service published mileage rate.

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $34,488 (Thirty-Four Thousand Four Hundred Eighty-Eight Dollars and Zero Cents), without specific, written advance authorization from the City.

Payments shall be made monthly by the City, based on itemized invoices from the Consultant which list a brief description of the services performed, the date the services were performed, the hours spent and by whom, and a brief description of the actual costs and expenses incurred. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Such payments shall be for the invoice amount. The monthly statements shall contain the following affidavit signed by a principal of the Consultant’s firm:
"I hereby certify as principal of the firm of Moffatt and Nichol, that the charge of $34,488 as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated April 27, 2023 and has not been previously paid." 110
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Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: Community Development
Subject: 401 Capitola Avenue Appeal
Recommended Action: Adopt a resolution upholding the Planning Commission’s decision to deny Application #22-0282 and approving a modified Conditional Use Permit and Coastal Development Permit for an existing takeout establishment to allow beer and wine sales for onsite consumption at 401 Capitola Avenue (Capitola Tap House).

Background: Applicant Amy Cheng (“Applicant”) submitted an application for a proposed Conditional Use Permit, Parking Variance, and Coastal Development Permit to establish a restaurant that serves beer and wine on a property with no parking at 401 Capitola Avenue located within the MU-N (Mixed Use Neighborhood) zoning district. (“Project”).

The original application included a Conditional Use Permit, a Variance for Parking, and a Coastal Development Permit.

On December 1, 2022 the Planning Commission of the City of Capitola held a duly noticed public hearing at which time it voted to deny the Project by a 3-0 vote, citing an inability to make findings for approval.

On December 9, 2022 the Applicant submitted a timely appeal (“Appeal”) of the Planning Commission’s decision.

On March 23, 2023 the City Council of the City of Capitola held a duly noticed public hearing, at which time it considered the Appeal, including all oral and documentary evidence presented. During the Appeal hearing, modifications to the Project (“Modified Project”) were presented and considered, consisting of maintaining the existing “takeout” establishment with the following added conditions:

1. Sales of beer and wine for onsite consumption shall be limited to less than 50% of the tap system (15 or less).

2. Daily close of business shall be 8pm.

3. The kitchen facilities and meal provisions shall be acceptable to the Department of Alcoholic Beverage Control in order to operate with a type 41 license.

4. The applicant shall obtain all required approvals and final inspections from the Santa Cruz County Department of Environmental Health, prior to the Building Department final inspection.

5. A maximum of six seats shall be deployed inside the building or on the front porch. Customer use of the exterior is confined to the covered front porch area. Customers shall not use the side or rear yards at any time.

6. The applicant shall install signage at the exit to the front porch stating that “no alcoholic beverages beyond this point” and “please be considerate of our neighbors” and any additional signage required by code.
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7. Entertainment Permits are prohibited in conjunction with this Conditional Use Permit, as defined by section 5.24.010, to minimize impacts on the surrounding neighborhood.

After taking public testimony, the City Council voted to direct staff to return with a resolution upholding the Planning Commission’s denial and approving the Modified Project. The Council further directed that the parking variance be removed from the request and that the business maintain the existing takeout establishment with a limit of six seats; and to also include added conditions that address hours of operation, neighborhood impacts, other regulatory agency’s required permits, and recommended bike parking.

Discussion: Planning staff has prepared the following conditions of approval, findings, and the attached resolution for approval (attachment #2).

CEQA: The City Council’s action would be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (“In-fill Development)”).

Fiscal Impact: None.

Attachments:

1. Proposed Site Plan/Floor Plan

2. Resolution for Modified Approval
Report Prepared By: Brian Froelich, Senior Planner
Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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Item 7 I.

SHEET:

SHEETS
401 CAPITOLA AVE 95010TAP HOUSE FLOOR PLANFOR LL APPLICATIONfor Amy Cheng DATE: 07-05-2022
DRAWN BY: RLE
REV: 09-21-2022
APN
REV:11-2-2022REV:02-22-2023
# 035-131-11
phone # 510-701-8383 413 Capitola Avenue Capitola, CA 95010 Phone: 831-479-1452 Fax: 831-479-1476 RICHARD L. EMIGH A.I.B.D. DRAFTING, DESIGNING & LAND USE ANALYSIS A-1 1 0F 1

SITE PLAN
1/4 " = 1' 0"
sidewalk
planter planter 6'-0"
1/2 bath
stair up
to storage room

DASHED LINE SHOWS
230 SQUARE FEET

EXISTING DRY

STORAGE AREA UPPER
FLOOR

COLD STORAGE AREA

KITCHEN
KOMBUCHA TAP AREA12 spouts
KOMBUCHA AND BEER and WINE TAP AREA
20 spouts

EXISTING COUNTER
10'

49.4'
41' 36.4'

36.27'
REFUSE
AREA
existing planting to stay
e) tree
the beer will be from controlled taps
and served only to persons over 21
years of age (card key controlled)
signs to b posted
"NO OPEN CONTAINERS PAST

PROPERTY LINE OR CONTROLLED
SEATING AREAS"
PROPOSED SEATING FOR 6 PEOPLE

SITE PLAN ANDSEATING AREAS
display
display
SINK
WC
nitro cold brew coffeetea greenwine pinot noirwine chardonney

10.5 stout8-8 stout cavatica (light)

5.5 regular cider803 sour cider8.5 dark dockerblue moon (middle)

5.7 sipka pilfner (light)hard kombuchiahard kombucihahard kombuciha

PROPERTY LINE

PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
display
table
table
2 1 3
4 5
6 table
Existing
ice
storage
New
commercial
conveyor
toster
New sandwitch/saladprep table with refrigator72 5/8" long 30 1/16" wide barrier gate
no public
access
to this area
no public
access
to this area

EMPLOYEE

DESIGNATED

STORAGE AREA
Existing 24 x 24
sink and Cleaning storage area
Existing
sink
Existing
three bay
sing area

EXISTING SELF-CLOSING

DOOR FOR RESTROOM

EXISTING FINISHES

FLOOR IS TILES,BASEBOARDS,

PAINTED WALLS, CEILING EXISTING
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Item 7 I.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAPITOLA, CALIFORNIA UPHOLDING THE PLANNING
COMMISSION’S DECISION TO DENY APPLICATION #22-
0282 AT 401 CAPITOLA AVENUE (APN# 035-131-11) AND

APPROVING A MODIFIED PROJECT
WHEREAS, applicant Amy Cheng (“Applicant”) submitted an application for a proposed Conditional Use Permit, Parking Variance, and Coastal Development Permit to establish a restaurant that serves beer and wine on a property with no parking at 401 Capitola Avenue located within the MU-N (Mixed Use Neighborhood) zoning district. (“Project”); and WHEREAS, the Project requires approval of a Conditional Use Permit, Parking Variance, and Coastal Development Permit; and
WHEREAS, the Planning Commission of the City of Capitola did hold a duly noticed public hearing on December 1, 2022, at which time it considered all oral and documentary evidence presented, and voted to deny the Project by a 3-0 vote, citing an inability to make findings for approval; and
WHEREAS, the Applicant submitted a timely appeal (“Appeal”) on December 9, 2022; and
WHEREAS, the City Council of the City of Capitola did hold a duly noticed public hearing on March 23, 2023, at which time it considered the Appeal, including all oral and documentary evidence presented; and
WHEREAS, during the Appeal hearing, modifications to the Project (“Modified Project”) were presented and considered, consisting of maintaining the existing “takeout” establishment with the following added conditions:
a. Sales of beer and wine for onsite consumption shall be limited to less than 50% of the existing tap system (15 or less).
b. Daily close of business shall be 8pm.
c. The kitchen facilities and meal provisions shall be acceptable to the Department of Alcoholic Beverage Control in order to operate with a type 41 license. d. The applicant shall obtain all required approvals and final inspections from the Santa Cruz County Department of Environmental Health, prior to final inspection. e. A maximum of six seats shall be deployed inside the building or on the front porch. Customer use of the exterior is limited to and confined to the covered front porch area. Customers shall not use the side or rear yards at any time.
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Item 7 I.
f. The applicant shall install signage at the exit to the front porch stating, “no alcoholic beverages beyond this point” and “please be considerate of our neighbors” and any additional signage required by code.
g. Entertainment Permits are prohibited in conjunction with this Conditional Use Permit, as defined by section 5.24.010, to minimize impacts on the surrounding neighborhood.

WHEREAS, after closing the public hearing, the City Council directed staff to bring forward a resolution upholding the Planning Commission’s denial of the original project application and approving the Modified Project.

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. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.

BE IT FURTHER RESOLVED THAT the City of Capitola City Council hereby makes the following findings regarding the Modified Project:

Conditional Use Permit Findings
A. The proposed use is allowed in the applicable zoning district.

The MU-N zone allows for certain commercial uses provided the uses are conditioned to ensure compatibility with the neighboring residential uses. The existing takeout business in the MU-N zoning district is operating under an active conditional use permit, and the addition of the sale of beer and wine is allowed in the MU-N zoning district with the issuance of a conditional use permit.

In addition, the business will continue to operate with a limit of six seats and utilize the same customer areas as the existing establishment.

B. The proposed use is consistent with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.

The proposed use is consistent with the General Plan or Zoning Ordinance. The site has a General Plan designation of Mixed-Use Neighborhood, which allows for uses compatible with the eclectic mixed use neighborhood. The MU-N zone allows for commercial uses including takeout businesses and beer and wine sales, provided the uses are conditioned to ensure compatibility with the neighboring residential uses.

C. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and planned land uses in the vicinity of the property.

The Modified Project with its limited capacity of six seats for customers and limited business hours requiring closure by 8 pm is compatible with the existing mixed-use land uses in the vicinity. As conditioned, the Modified Project will improve bicycle parking with 6 additional bicycle parking spaces. Conditions of approval regarding entertainment, speakers, limited outdoor occupancy areas, and hours of operation are included in the permit to ensure possible noise impacts on neighbors from the introduction of a self-pour tap system for beer and wine are mitigated.

D. The proposed use will not be detrimental to the public health, safety, and welfare. 115
Item 7 I.

Takeout food establishments and beer and wine sales are conditionally permitted in the MU-N. The proposal does not introduce any new customer area and potential impacts to public health, safety, and welfare to adjacent residents and businesses are mitigated by the conditions of approval.

E. The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

The proposed use is conditionally permitted in the MU-N zone. Potential impacts to nearby residents and businesses have been considered and conditions of approval have been added to mitigate potential impacts. The site is adequately served by existing services and infrastructure.

Coastal Findings

1. The project is consistent with the LCP land use plan, and the LCP implementation program.

The proposed project is consistent with LCP land use plan and implementation policy. The existing use is modified to allow beer and wine sales with no impact to coastal resources.

2. The project maintains or enhances public views.

The proposed project has no permanent impact on views.

3. The project maintains or enhances vegetation, natural habitats and natural resources.

The proposed project has no impact on vegetation, natural habitats or natural resources.

4. The project maintains or enhances low-cost public recreational access, including to the beach and ocean.

The project has no impact on public access to the ocean or beach.

5. The project maintains or enhances opportunities for visitors.

The project has no impact on visitor opportunities.

6. The project maintains or enhances coastal resources.

The proposed project has no impact on natural or environmental resources.

7. The project, including its design, location, size, and operating characteristics, is consistent with all applicable design plans and/or area plans incorporated into the LCP.

Introduction of beer and wine sales to an existing takeout establishment has no impact to the exterior of the property and will generally retain the existing operating characteristics as conditioned.

8. The project is consistent with the LCP goal of encouraging appropriate coastal development and land uses, including coastal priority development and land uses (i.e., visitor serving development and public access and recreation).

The project will have no impact to public access, recreation or visitor opportunities and experiences. The proposed project maintains the existing takeout eating establishment and seating limit.

BE IT FURTHER RESOLVED THAT the City of Capitola City Council hereby upholds the Planning Commission’s denial and approves the Modified Project, subject to the following conditions of approval:

Conditions of Approval
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Item 7 I.

1. The Applicant agrees to defend, indemnify, and hold harmless the City of Capitola (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Modified Project. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the Developer of any claim, action or proceeding and shall cooperate fully in the defense.

2. The project approval consists of an Amended Conditional Use Permit to allow Beer and Wine Sales to an existing take-out eating establishment with a maximum of 6 seats. The proposed project is approved as indicated on the final plans reviewed and approved by the City Council on April 27, 2023. The sale of beer and wine is limited to a Type 41 License through the State of California Department of Alcoholic Beverage Control.

3. The Planning Department shall perform a final inspection, prior to initiating beer and wine sales.

Prior to the Planning Department final inspection, compliance with all conditions of approval shall be demonstrated to the satisfaction of the Community Development Director.

4. There shall be no amplified audible entertainment inside the business that can be audible outside of the business. Outdoor speakers are prohibited per section 9.12.040.

5. The applicant is responsible for maintaining the area directly in front of the business free from litter and/or graffiti.

6. All chairs shall be stored inside the main building when the business is closed.

7. The garbage area shall be maintained to prevent odors and provide screening from the street and screening from adjacent neighbors.

8. Outside lighting that is not required for safety/egress on the building shall be turned off within half an hour of the closing time of the business.

9. If a building permit is required for any tenant improvements authorized by this Amended Conditional Use Permit, it will be secured prior to commencement of new construction or interior modifications. Final building plans shall be consistent with the plans approved by the City Council on April 27, 2023. All construction and site improvements shall be completed according to the approved plans.

10. At time of submittal for building permit review, if required, the Conditions of Approval must be printed in full on the cover sheet of the construction plans.

11. At time of submittal for building permit review, if required, Public Works Standard Detail Best Management Practices (BMP) STRM shall be printed in full and incorporated as a sheet into the construction plans. All construction shall be done in accordance with the Public Works Standard Detail BMP STRM.

12. Prior to making any changes to the approved plans, modifications must be specifically requested and submitted in writing to the Community Development Department.

13. Prior to Planning Department final inspection, all Planning fees associated with applications #22- 0282 and #23-0030 shall be paid in full.
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Item 7 I.

14. Prior to issuance of a building permit, if required, the applicant must provide documentation of plan approval by the following entities: Santa Cruz County Sanitation Department, Soquel Creek Water District, and Central Fire Protection District.

15. Prior to any work in the City road right of way, an encroachment permit shall be acquired by the contractor performing the work. No material or equipment storage may be placed in the road rightof-way.

16. During construction, any construction activity shall be subject to a construction noise curfew, except when otherwise specified in the building permit issued by the City. Construction noise shall be prohibited between the hours of nine p.m. and seven-thirty a.m. on weekdays. Construction noise shall be prohibited on weekends with the exception of Saturday work between nine a.m. and four p.m. or emergency work approved by the building official. §9.12.010B

17. Upon evidence of non-compliance with operational conditions of approval or applicable municipal code provisions, the applicant shall remedy the non-compliance to the satisfaction of the Community Development Director or shall file an application for a permit amendment for Planning Commission consideration. Failure to remedy a non-compliance in a timely manner may result in permit revocation.

18. This permit shall expire 24 months from the date of issuance. The applicant shall have an approved building permit and construction underway before this date to prevent permit expiration.

Applications for extension may be submitted by the applicant prior to expiration pursuant to Municipal Code section 17.81.160.

19. The planning and infrastructure review and approval are transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others without losing the approval. The permit cannot be transferred off the site on which the approval was granted.

20. Garbage and recycling containers shall be placed out of public view on non-collection days.

21. Any roof jacks required for future kitchen exhaust systems shall be located on the front half of the roof to minimize the impacts of food odors on adjacent residential properties.

22. The Conditional Use Permit includes 32 taps. The sales of beer and wine shall be limited to less than 50% of the tap system or a maximum of 15 taps.

23. The establishment shall have last call by 7:30 pm and close by 8 pm daily.

24. Prior to Planning Department final inspection, documentation from the Department of Alcoholic Beverage Control showing that the property is in compliance with the State of California requirements to operate with a type 41 license shall be furnished to the Planning Department for record.

25. The applicant shall obtain all required approvals and final inspections from the Santa Cruz County Department of Environmental Health, prior to the Planning Department final inspection.

26. A maximum of six seats shall be allowed for the business. Customer use of the exterior is limited and confined to the covered front porch area. Customers shall not occupy the side or rear yards at any time.
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27. The applicant shall install visible signage at the exit from the front porch stating that “no alcoholic beverages beyond this point” and “please be considerate of our neighbors” and any additional signage required by code.

28. The site currently has one bicycle parking rack to accommodate two bicycles in the side yard. It is recommended that the applicant add additional bicycle parking facilities to the property.

29. Food and beverage equipment and supplies (including kegs) shall be stored inside the building.

Exterior storage is prohibited.

30. Entertainment Permits are prohibited in conjunction with this Conditional Use Permit, as defined by section 5.24.010, to minimize impacts to the surrounding neighborhood.

BE IT FURTHER RESOLVED that the Modified Project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332 (Class 32 - Infill). The Modified Project meets the criteria for a Class 32 Infill exemption because 1) the Modified Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) The Modified Project occurs within city limits on a project site of less than five acres and is substantially surrounded by urban uses, namely commercial and residential development; 3) The Modified Project site is covered with a commercial building and limited vegetation and has no value as habitat for endangered, rare or threatened species; 4) Approval of the Modified Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) The site can be adequately served by all required utilities and public services.

In addition, none of the exceptions to the exemption apply. There are no successive projects known or expected to occur over time that would cause the Modified Project to result in cumulative impacts. There are no unusual circumstances that may result in a significant effect on the environment. The Modified Project will not result in damage to scenic resources within a state scenic highway. The Modified Project site is not known to contain hazardous materials and is not on the Cortese List. Lastly, the Modified Project will not affect historical resources. Therefore, the Modified Project is exempt from CEQA.

REVERSED, APPROVED and ADOPTED by the City Council of the City of Capitola, California, at a regular meeting thereof this 27th day of April, 2023 by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
____________________________________
MAYOR
ATTEST:
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Item 7 I.
__________________________________
CLERK
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Item 7 I.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: City Manager Department
Subject: Administrative Policy I-7: Memorial Program
Recommended Action: Consider options for memorial plaques currently installed on the Capitola Wharf; review and approve changes to Administrative Policy I-7: Memorial Program.

Background: In 2002, the City Council adopted Administrative Policy I-7: Memorial Program. The policy has been revised seven times, most recently on May 27, 2021. The policy outlines a uniform procedure for the public to purchase memorial items to be placed within the City of Capitola. The policy highlights memorial benches and memorial plaques installed along the railings of the Capitola Wharf, Grand Avenue, Cliff Avenue, and on Depot Hill. Memorial trees are also mentioned.

Currently, the program includes approximately 525 installed memorials. The only remaining available spaces are on Cliff Avenue. The Cliff Avenue railing location was approved by the City Council in 2021.

Staff receives approximately four new plaque/bench requests per month. In addition, individuals who have previously purchased a plaque or bench frequently reach out to staff to buy an additional plaque or add to an existing bench.

Administrative Policy I-7 states that “the City will maintain plaques for the life of the plaque. The City will determine when the plaque is no longer reasonable to maintain and needs to either be replaced or removed”. Because the plaques are made of bronze and therefor have a lifespan likely measured in centuries, Staff has interpreted this to mean that the City will maintain plaques in their current location for the life of the object on which it was installed (for example, as long as the bench or railing remains undamaged).

The policy also states that “the program will continue until it is determined by the Public Works Department and the City Council to be complete, or it begins to negatively impact City resources.” Discussion:

Memorial Plaques on Capitola Wharf
Prior to the January 2023 storms, 145 plaques were located on the wooden railing of the Capitola Wharf, along both sides and the head of the wharf. There were also 39 plaques on various Wharf benches. In anticipation of the Capitola Wharf Resiliency and Public Access Project, staff photo-documented and indexed all plaques on the Wharf, so a complete record of what existed before the storm is available for reference. Approximately 20 wharf railing plaques were lost in the storm, and it is possible that upon further inspection and the removal of the current railing, staff will discover more damaged plaques. The Wharf remains inaccessible, and staff can only estimate the status of Wharf plaques and benches.

Soon after the January storms, the City received emails and phone calls from members of the public inquiring about their wharf plaque; to date staff has responded to approximately 32 inquiries.

The Capitola Wharf Resiliency and Public Access Project (Wharf Project) is anticipated to commence this summer. Public Works staff anticipates requesting Council authorization to bid the project at the May 11, 2023, Council meeting. The project scope includes the removal and replacement of the current wharf railing due to the damage sustained in the storm and to meet current safety standards.

Staff has analyzed various options for the wharf memorial plaques in anticipation of the Wharf Project.

Option 1: Move all Memorial Plaques to a New Location on the Wharf 121
Item 8 A.

Under this option, staff would relocate all plaques (from both the railing and benches) and reinstall them in a new area, such as a wall or artistic structure, still on the Capitola Wharf. This allows the Wharf Project to move forward without being complicated by plaque reinstallation concerns and still honors the intended location of the plaques.

Staff does not recommend reinstalling any plaques along the Wharf railing for several reasons, most importantly because the railing is a safety feature and installing (and fixing, replacing, etc.) plaques along the railing compromises its structure over time. Overall railing maintenance is also complicated by the presence of plaques.

Staff estimates that 45 square feet of space is needed to display all Wharf plaques on a wall or other structure. In this plan, staff would fully account for all lost plaques, replace them, and install them on the new location. If the City Council chooses this option, a ‘memorial wall element’ could be added to the Ancillary Wharf Design Improvements that are currently being developed; these improvements will be presented to the City Council for approval and constructed in coordination with Phase 2 of the Wharf Project.

This option does create potential space for new memorial plaques on the “memorial wall element.” The space would be limited and likely fill up quickly. For years, members of the public who have inquired about purchasing a memorial plaque and placing it on the Wharf have been told that the location is full.

Staff is concerned about the reaction of previously denied applicants and cannot accommodate requests to move installed memorial plaques.

Option 1 Pros: Option 1 Cons:
 Maintains all pre-existing plaques on the
Wharf
 Treats all Wharf plaques in a uniform
fashion
 Allows for an additional design element on
the Wharf
 Individual plaques will be in a different
location than pre-storm
Option 2: Remove all Plaques and Return Them to Owners
Upon initial review, the simplest option is to remove all the memorial plaques on the Wharf and return them to their ‘owners’ (purchasers). The damage to the Wharf has ended the lifetime of the railing as a memorial location. New memorial plaques would not be allowed to be installed on the Wharf railing. This would address the previously mentioned concerns with reinstalling plaques along a new Wharf railing and would not require development of an alternative location. However, due to the consistent interest and emotional attachment plaque owners have to the Wharf location, this option may generate some public concern.

Option 2 Pros: Option 2 Cons:
 Treats all Wharf plaques in a uniform
fashion
 Plaques no longer on the Wharf
 Staff has accurate/recent contact
information for estimated >50% of all
Wharf plaque owners, but will not be able
to return all plaques
 Cost to ship/return plaques
Option 3: Re-Install all Memorial Plaques along the new Wharf Railing As previously explained, staff does not recommend installing/re-installing plaques along the railing. 122
Item 8 A.

Option 3 Pros: Option 3 Cons:
 Treats all Wharf plaques in a uniform
fashion
 Compromises integrity of the new Wharf
railing, affects future maintenance of the
railing, and causes delay in Wharf Project
 Requires significant staff time to recreate
the current Wharf plaque installation ‘map’
Inconsistent with the policy of removing
plaques from damaged memorial locations
Public Outreach
The Memorial Program is significant to many residents and visitors to Capitola, and staff strives to be sensitive to the emotional connection individuals feel towards the memorials. This includes open and informative communication regarding the Wharf Project and the future of the Wharf plaques. Individuals who have enquired about Wharf plaques (approximately 30) have been in direct contact with staff and were sent this agenda report with notice that this item would be brought before the City Council. In addition to direct communication with plaque owners, staff has included relevant information on the Wharf Project and wharf plaques in the Citywide digital newsletter and on the City website.

Due to the nature of memorial programs, staff’s contact information associated with the purchaser of each plaque is frequently out of date. As a result, staff is asking that anyone who has previously purchased a Wharf plaque contact the City or use the recently created webform on the City website to submit recent contact information.

Overall Memorial Policy Program
The damage to the Wharf and subsequent Wharf memorial dilemma has highlighted staff concerns with the entire Memorial Program. The expansion of the program in 2021 to include the new Cliff Avenue railing as a memorial location has presented additional challenges to staff. Staff recognizes that the memorial program is important to many people, and that there will likely always be a demand for memorials in Capitola (especially memorials installed in a location with an ocean view) and has prepared a summary of three primary and ongoing challenges posed by the program, and potential solutions, below:

Challenge 1: Maintaining accurate contact information for individuals who have purchased plaques The memorial program has been active for more than 20 years, and most Capitola memorials were purchased and installed 10 years ago or more. This, in addition to the general nature of memorial programs, makes it difficult to maintain and rely upon existing plaque owner contact information. Thus, it is challenging for staff to reach plaque owners when necessary; staff ultimately relies on purchasers contacting the City of their own accord.

This challenge is ongoing and can be met by staff but should be considered when reviewing the overall program.

Challenge 2: Maintaining plaques in their original location for their 'lifetime' Administrative Policy I-7 states that memorial plaques are purchased for their lifetime. Lifetime is not defined, though the policy also states "the City will determine when the plaque is no longer reasonable to maintain and needs to be either replaced or removed." While it is understandable that the purchaser of a memorial would want it to be semi-permanent, permanently maintaining nearly 600 memorial locations throughout Capitola is both time consuming for staff and creates an unmet demand for new memorial plaques. The time required to intake applications, communicate with plaque owners, and index, survey, fix, uninstall and reinstall all current memorials and plaques is equivalent to 15 to 25% of a fulltime employee’s workload.

Staff has identified two different responses to this challenge: the City Council could impose a shorter lifetime upon new plaques (for example, five or ten years) or confirm that maintaining plaques in their original location for the ‘lifetime’ of that location is satisfactory. 123
Item 8 A.

Challenge 3: Lack of open space for memorials
Under the current program, there is very little space in the City for additional memorials. The City's capacity for additional benches depends solely on existing benches becoming damaged or replaced with new ones. The only remaining location for new memorial plaques is along the CIiff Avenue railing, where 23 out of 56 spots remain. Staff estimates this location will be full sometime in 2024.

The current Memorial Program policy includes a lottery process if memorial spaces open in previously full locations, which (with no change to the current policy) would be the only way in which new memorials could be purchased and installed once the Cliff Avenue Railing is full. Staff recommends updating this section of the policy (Attachment 2) to allow staff to schedule annual lotteries, rather than opening a lottery every time a bench or plaque space becomes available. This change would allow for a more efficient and satisfactory lottery, as it is likely that more than one space will have opened over the course of a year and staff will have a uniform answer each time an inquiry is made regarding the memorial program.

In response to the lack of open space challenge, the City Council can confirm the listed locations in the current policy, or direct staff to identify potential new memorial locations. Ultimately, expanding the program with new locations will delay the eventuality that at some point the City will no longer have space for new memorials, while providing the option for the public to purchase new memorials in the meantime.

Reimagining the Memorial Program
There are several ways the program could be fundamentally altered to address these concerns. An entirely new location, such as a “memorial wall or artistic structure” could be developed and placed in the new park at the Rispin Mansion (or another location).

The current program could be allowed to fill up, and then shift to a “new” memorial program, like the Village Bricks formerly run by the Capitola Soquel Chamber of Commerce. Staff has reached out to the Chamber of Commerce about reestablishing their Brick program and will include a verbal update on the status of that program at the meeting.

If, based on these identified challenges or other concerns, the City Council directs staff to reimagine the Memorial Program (by imposing a shorter plaque lifetime, expanding memorial locations, etc.) staff recommends identifying this as a Goal for Fiscal Year 2023-24.

In summary, Staff recommends that Council:
1) Select one of the three options outlined above for the memorials currently located on Capitola Wharf; and
2) Direct staff to either reimagine the Memorial Program as a Goal in FY 2023-24 or maintain the program as-is.
a. If Council directs staff to maintain the program as-is, staff recommends approving the modifications to the lottery language included in Attachment 2.

Fiscal Impact: Dependent on Council direction. If the City Council wishes to include a new memorial location as part of the Wharf Ancillary Improvement Project, the budget would be modified to include this in the scope.

Attachments:

1. Current Administrative Policy I-7: Memorial Program

2. Recommended modifications to the Lottery Section of the policy Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Jessica Kahn, Public Works Director; Julia Moss, City Clerk Approved By: Jamie Goldstein, City Manager
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Item 8 A.

ADMINISTRATIVE POLICY

MEMORIAL PROGRAM
I. PURPOSE: To establish a uniform procedure for the purchase and placement of memorial items in the City of Capitola.

It is the intent of the City to allow citizens to memorialize loved ones while at the same time balancing the needs of the City. This policy is meant to emphasize the importance of the memorials while assuring that they are consistent with City policies and do not negatively impact City resources.

II. POLICY:

1. The City has five approved memorial programs: Memorial Benches, Memorial Plaques on Capitola Wharf, Memorial Plaques on the Grand Avenue and Cliff Avenue railing, and Memorial Trees. The policy may be amended to add other programs as directed by the City Council.

2. Applications for a memorial item will be received and approved by the City Manager or his/her designee, with site selection review by the Public Works Department.

3. All memorial items costs, including asset materials, installation materials, staff time for installation and maintenance will be covered by the application fee. The applicable fees will be reviewed and adjusted annually by the City Council to ensure cost recovery.

4. Memorial assets become the property of the City of Capitola. Arrangements can be made with the City for the return of plaques upon request or the removal of the asset.

III. PROCEDURE:

1. Customers may download or request information and an application for a memorial item. If required, City staff will send the customer an informational letter along with a list of currently available sites.

2. Customer will take a photograph of the desired location and submit along with application and payment. If necessary, City staff will coordinate with Public Works Department to schedule a site meeting for approval of exact location of the memorial item. A receipt will be issued, and the application Number: I-7
Issued: 3/14/02
Revised: 9/12/02
Revised: 12/9/04
Revised: 6/28/07
Revised: 4/26/12
Revised: 10/27/16
Revised: 8/24/2017
Revised: 5/27/2021
Jurisdiction: City Council
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Item 8 A.

Administrative Procedure I-7
Memorial Benches

with a copy of the receipt and photograph are given to the City staff for ordering and the Public Works Department for installation.

3. Upon installation, the City staff will notify the customer.

IV. MEMORIAL PROGRAMS

1. Municipal Plaques: Memorial plaques may be purchased on a railing along the Capitola Wharf, Grand Avenue, or Cliff Avenue. All memorial plaque locations are subject to environmental conditions that may require plaques to be moved to a new location or removed and returned to the purchaser if no alternative location is available.
a. Location:

1. Wharf: No more than one plaque will be placed on the top railing unless the additional plaque is for a relative. If possible, the City should be notified of this intent when the first plaque is purchased.

2. Grand Avenue: No more than one plaque for every eight feet of railing along Grand Avenue unless the additional plaque is for a relative. If possible, City should be notified of this intent when the first plaque is purchased.

3. Cliff Avenue: No more than one plaque for every four feet of railing along Cliff Avenue overlooking Capitola Village.
b. Plaque: The plaques are made of bronze and are eight inches by three inches (8”x3”). The customer will determine inscriptions on the plaque, which will be ordered and installed by the City.
c. Cost: The cost of the plaque, installation and maintenance is determined by their actual cost, and is reviewed annually by the City Council (see application for current cost).
d. Maintenance/ Replacement/ Removal: The City will maintain plaques.

The City of Capitola will determine when the plaque is no longer reasonable to maintain and needs to be either replaced or removed. Upon such determination, the customer will be notified by mail. The customer may elect to purchase another plaque or relinquish the site. If a reasonable attempt to contact the customer fails, the City will open the site for purchase after 60 days. If the plaque is missing or damaged, the customer may elect to purchase another plaque or relinquish the site. Replacement plaques will be charged at the City’s direct replacement cost, not including maintenance.

2. Memorial Benches: A Memorial Bench Program was established in 1993.

The primary purpose of the program was to aid the City in the maintenance of the benches along the Esplanade. The popularity of the program led to the expansion of the bench placements to include other areas of the City, as listed below. When the approved number of benches have been purchased, the locations are considered “full”. Customers may choose the inscription for the plaque, the plaques will be ordered and installed by the City. a. Bench Locations:
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Item 8 A.

Administrative Procedure I-7
Memorial Benches

1. Esplanade

2. Jade Street Park

3. Wharf

4. Cortez Park

5. Depot Hill

6. Monterey Park

7. Cliff Ave /Grand Ave

8. Noble Gulch Park

9. Prospect Avenue

10. Peery Park

11. McGregor Park

12. Cliff Dr.

13. Soquel Creek Park

14. Depot Hill Park

15. Riverview

16. Lawn Way

17. Library

18. Hihn Park

19. Capitola Road and Wharf Road

20. Rispin Park
b. Maintenance, Removal or Replacement of Existing Benches: The City will maintain all benches. The City will determine when a Memorial Bench is no longer reasonable to maintain, or it is necessary to remove for any reason. Upon such determination, the customer will be notified by mail and the customer may elect to purchase another bench or relinquish the bench. If after a reasonable attempt to contact the customer fails, the City may dispose of the plaque and the bench location may become available for purchase.
c. Plaque: The plaques are made of bronze and are ten inches by two inches (8”x2”). The customer will determine inscriptions on the plaque, which will be ordered and installed by the City.
d. Cost: The cost of the bench, plaque, installation, and maintenance is determined by their actual cost, and is reviewed annually by the City Council (see application for current cost).
e. Damage: If a plaque is damaged or unreadable, the customer will be notified by mail and the customer may elect to purchase another plaque or relinquish the bench. If a reasonable attempt to contact the customer fails, the City will proceed with removal within 60 days and make the bench available. If the customer does not wish to replace the plaque, another customer may purchase a plaque to be placed there and the original plaque will be returned if desired. Replacement benches will be charged at City’s direct replacement cost not including maintenance.

3. Memorial Trees:
a. An existing tree in the City may be memorialized with a plaque placed at the foot of the tree, mounted on a cement platform. Approval of memorializing an existing tree will be at the discretion of the Public Works 127
Item 8 A.

Administrative Procedure I-7
Memorial Benches

Department, unless it is deemed necessary by the City Manager to be approved by the City Council.
b. A customer may purchase a new tree to be planted and memorialized with a plaque in the City with the approval of the Public Works Department and the City Council.
c. Plaque: The plaques are made of bronze and are 4” x 4”. The customer will determine inscription on the plaque, which will be ordered and installed by the City.
d. Cost: The cost of the plaque, installation and maintenance is determined by their actual cost, and is reviewed annually by the City Council (see application for current cost).
e. Maintenance/ Replacement/ Removal: The City will maintain plaques for the life of the plaque. The City will determine when the plaque is no longer reasonable to maintain and needs to be either replaced or removed. Upon such determination, the customer will be notified by mail. The customer may elect to purchase another plaque or relinquish the site. If a reasonable attempt to contact the customer fails, the City will open the site for purchase after 60 days. Replacement Plaques will be charged at the City’s direct replacement cost, not including maintenance.
f. If it is determined that the tree is to be permanently removed for any reason or is destroyed, the plaque will be returned to the customer. If a reasonable attempt to contact the customer fails, the City will proceed with removal. g. Program Completion: The program will continue until it is determined by the Public Works Department and the City Council to be complete or it begins to negatively impact City resources.

4. Memorial space availability in previously “full” locations a. When a bench or plaque space becomes available in a previously “full” location, the City will follow a lottery procedure to determine who will have first right to purchase the memorial.

1. The City will announce the location and number of memorial spaces available.

2. The City will publicize the lottery information.

3. The lottery will remain open for a minimum of four weeks.

4. Interested parties will submit a complete memorial program application to enter the lottery.

5. Upon the closing of the lottery, the City Clerk will randomly select those eligible for the memorial space.

6. The eligible applicant will have two weeks to submit payment for the memorial.

7. If applicant does not submit payment, another applicant name will be drawn.
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Item 8 A.

Administrative Procedure I-7
Memorial Benches

______________________________
Jamie Goldstein
City Manager
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Item 8 A.

Administrative Procedure I-7
Memorial Benches

4. Memorial space availability in previously “full” locations a. City staff will maintain a waitlist for those interested in purchasing a memorial plaque and unable to do so due to a lack of space. Once a year, at a time previously scheduled by City staff, the City will follow a lottery procedure to determine who will have first right to purchase a memorial.

1. One month prior, the City will contact the waitlist and communicate the location and number of memorial spaces available.

2. The City will also announce the lottery date on the City website.

3. On the day of the lottery, staff will randomly select those eligible for a memorial space and contact them.

4. The eligible members of the waitlist will have two weeks to submit an application and payment for the memorial, otherwise another member of the waitlist will be contacted.
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Item 8 A.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: City Manager Department
Subject: Administrative Policy on Training and Travel for Public Officials Recommended Action: Approve an administrative policy to formalize the process for public officials to receive reimbursement for training and travel.

Background: Typically, City Council Members have been reimbursed for registration and travel costs associated with various training and activities, up to a certain amount of money dependent on the approved FY budget. That budget has included a specific funding amount for each Council Member. Over the last several years, City Council has indicated that the sharing of funds between Council Members was not allowed.

During the regular meeting of the City Council on March 9, 2023, the City Council requested that staff bring forward a draft administrative policy formalizing the current reimbursement practice (Attachment 1).

Staff reviewed City training and travel policies from the neighboring cities of Santa Cruz and Watsonville (Scotts Valley does not have a similar policy) and other California city policies to ensure the City of Capitola is in line with best practices. Staff also received guidance from the City Attorney’s office on legal requirements and prohibitions.

Discussion: In line with Council direction, the draft policy does not prohibit or restrict travel to out-of-state or international training. The policy does include a Government Code requirement for a brief oral or written report on meetings attended at the expense of the City at the next regular City Council meeting. In addition, the proposed policy would allow for reimbursement to attend board/commission meetings when Council Members are attending in their official capacity as the City Council representative when the meeting takes place outside of Santa Cruz County (ex: Monterey Bay Area Association of Governments or Central Coast Community Energy meetings in Monterey
Fiscal Impact: Dependent upon the approved Fiscal Year Budget. Typically, the City Council has allocated $10,000 for travel/training; City Council requested increasing that amount to $15,000 for FY 2023-24.

Attachments:

1. Draft Administrative Policy I-43: Training and Travel for Public Officials Report Prepared By: Chloé Woodmansee, Assistant to the City Attorney Reviewed By: Julia Moss, City Clerk; Tamar Burke, Assistant City Attorney Approved By: Jamie Goldstein, City Manager
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Item 8 B.
4858-7572-7965 v2

ADMINISTRATIVE POLICY
Number: I-43
Issued: xx
Jurisdiction:

City Council

TRAINING & TRAVEL FOR PUBLIC OFFICIALS

I PURPOSE & POLICY STATEMENT
This policy shall establish standards for Public Official attendance at training events, workshops, seminars, etc., and their reimbursement by the City for such costs.

The City of Capitola recognizes that from time to Public Officials may want to register for and attend training opportunities in the scope of their official duties related to conducting the City’s business. It is the policy of the City of Capitola that there is a public benefit to Public Officials obtaining knowledge and training relevant to the course of their business as elected or appointed officials.

For the purposes of this policy “Public Official” means City Council Members and Planning Commission Members. This Policy operates in conjunction with, and does not supersede or conflict with the requirements of, Title 5, Division 2, Part 1, Chapter 2 of the Government Code.

City Administrative Policy III-2 governs the reimbursable expenses incurred pursuant to this policy.

II AUTHORIZED REIMBURSEMENT & EXPENSES
Budget
Each year, the City Council adopts the Fiscal Year Budget, which may include funding for Training and Travel of their members. The total allotted amount is split evenly between the five, and not then shared between members regardless of an individual’s use or non-use of funds. The Fiscal Year Budget also includes funds for Planning Commissioner training within the Community Development Department budget.

Once a Public Official uses their allotted training/travel budget funds, no further reimbursement will be possible during that fiscal year.

Authorized Activities
Expenses incurred by Public Officials engaging and participating in the following activities constitute authorized and reimbursable expenses:
a. Attending educational seminars/trainings designed to improve the Official’s skill, knowledge, or understanding in their role as a City Official 132
Item 8 B.

ADMINISTRATIVE POLICY
Employee & Public Officials Expense Reimbursement & Travel Regulations

4858-7572-7965 v2
b. Participating in regional, state, and national organization sponsored activities that affect the City’s interests (ex: California League of Cities, National League of Cities conferences)
c. Attending Board/Commission meetings in official capacity as the City Council representative when the meeting takes place outside of Santa Cruz County (ex: Central Coast Community Energy meetings in Monterey)
There are no geographical limitations/requirements for authorized activities. Public Officials must provide a brief oral or written report on meetings attended at the expense of the City at the next regular meeting, per Government Code section 53232.3.

Unauthorized Activities
The City will not reimburse Public Officials for attendance at events primarily beneficial to a Public Official’s political or career advancement, including, but not limited to, the following:
a. Galas / Award functions
b. Fundraising events
c. Political rallies or campaign events
d. Non-City-business related travel
Reimbursement
Public Officials shall be reimbursed as outlined in City Administrative Policy III-2: Employee and Public Officials Expense Reimbursement.
______________________________
Jamie Goldstein
City Manager
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Item 8 B.

Capitola City Council
Agenda Report
Meeting: April 27, 2023
From: City Manager Department
Subject: Administrative Policy on Additional Materials
Recommended Action: Approve an administrative policy to outline the process for receiving, recording, and distributing additional materials related to the City Council or Planning Commission agendas.

Background: Pursuant to California Government Code Section 54957.5, any material distributed to all or a majority of members of the City Council or Planning Commission (legislative body) that relates to an agenda item for an open session of a regular meeting, and that is distributed by the City less than 72 hours prior to that meeting, will also be available for public inspection at the time the writing is distributed to all or a majority of the legislative body.

Additional materials are written communications regarding items on a published meeting agenda for the legislative bodies and received after the publication of the agenda. These materials are made a part of the record of the meeting.

Discussion: Staff regularly receives correspondence relating to agenda packets for meetings of City Council and the Planning Commission. The proposed policy will standardize the way in which these materials are distributed to the legislative body and incorporated into the record of the meeting. The intent of the policy is to create a clear framework to make sure all materials submitted to the City are treated according to the same criteria.

The proposed policy outlines procedures for the distribution and reporting of additional materials and outlines scenarios for date-certain and uncertain agenda items.

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

Attachments:

1. Administrative Policy
Report Prepared By: Julia Moss, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
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Item 8 C.

ADMINISTRATIVE POLICY NUMBER: ADDITIONAL MATERIALS
Number: TBD
Issued: May 2022
Jurisdiction: City Council

PURPOSE
The purpose of this policy is to outline the process for receiving, recording, and distributing additional materials to Council Members, Planning Commissioners, and the public.

Pursuant to Government Code Section 54957.5, any material distributed to all or a majority of members of City Council or Planning Commission (legislative body) that relates to an agenda item for an open session of a regular meeting of the City Council, and that is distributed by the City less than 72 hours prior to that meeting, will be available for public inspection at the time the writing is distributed to all or a majority of the City Council. Materials will be available for public inspection in the City Hall lobby and will also be distributed as is outlined below.

DEFINITION OF ADDITIONAL MATERIALS
A. Additional Materials: written communications regarding items on a published meeting agenda: 1) emailed to the City Council email group or the Planning Commission email group; 2) emailed to the City Clerk or City Manager or Planning Director, with a request for distribution to the Council or Planning Commission; or 3) delivered or mailed to City Hall to the attention of the City Council or the Planning Commission.

1. Items received after agenda publication but before 4:30pm on the Wednesday prior to the meeting are considered additional materials regarding that agenda item.

2. Emails and other written communication regarding an agenda item sent to individual Council or Planning Commissioners are not considered additional materials. Emails or written communication sent to the entire Council or Planning Commission regarding general topics or items that are NOT on a published meeting agenda are not additional materials.

3. Emails and other written communication regarding potential agenda items or general topics sent to Council, Planning Commission, or City Staff are considered general day-today business communication. Written communication that prompts an agenda item may be included as attachments to a written staff report and thus published in an agenda packet, but are not considered additional materials.

B. Format of Additional Materials: The City will process any written materials consistent with this policy. The City will attempt to process video and audio files consistent with this policy, to the best of its ability, considering technological limitations.

RECEIVING & PROCESSING ADDITIONAL MATERIALS
A. Processing additional materials: materials will be maintained as part of the record of the meeting; distributed to the Planning Commission or City Council; posted in the City Hall Lobby; reported during the Additional Material section of the City Council or Planning Commission meeting; and shared online as a part of the agenda packet for the meeting. 135
Item 8 C.

Administrative Procedure: I-XX
Additional Materials Policy and Procedure

1. Materials regarding Agenda Items continued to a certain date or Agenda Items set by the City Council for a certain date: communications received regarding an item on a published meeting agenda that is continued during the meeting to a certain date, will also be retained and distributed as regular additional material for the second meeting (the meeting the item is continued to).
i. Example: additional materials regarding an item from the January 13 meeting, then continued to the January 27 meeting: any materials received after the January 13 agenda is published through January 26 (the day prior to the meeting in which the item was continued) should be retained and distributed as outlined below.
ii. Example: at the first Council meeting in May the City Council sets an appeal hearing for the second June Council meeting. Materials, including correspondence, received following the first May Council meeting, but before the agenda is published for the second June Council meeting, will be included as correspondence for the item, and circulated with the June agenda packet.

Materials regarding the appeal received after the June agenda is published will be distributed as additional materials.

2. Materials regarding Agenda Items continued to a date uncertain: communications received regarding an item on a published meeting agenda, received after the item is continued, shall not be retained, or distributed as regular additional materials. i. Example: materials regarding an item on the January 13 agenda, then continued to an unknown future date: only materials received prior to the day before the January 13 meeting will be retained and distributed as regular additional materials. Materials received after the January 13 meeting will not be retained indefinitely, for potential distribution upon the item being agendized to an unknown future meeting.

B. Distributing Additional Materials: 1) Upon receipt, all additional materials will be printed and available in the City Hall Lobby and 2) Before the end of the day prior to the Council/Planning meeting, all additional materials will be emailed to the City Council or Planning Commission and the agenda packet distribution list on file with the City Clerk and/or Planner.

C. Reporting during meeting: During the Additional Materials section of the City Council or Planning Commission meeting, the Clerk will announce how many, if any, additional materials were received for corresponding agenda item/s.

D. Publication in agenda packet: The City Clerk or Planning Staff will publish a revised meeting agenda, containing the additional materials, within the week following the relevant City Council/Planning Commission meeting.

E. Information received after 4pm the day before the meeting: Staff will follow the above procedures for information received after 4 p.m. on the day before the relevant meeting, to the best of their abilities given time constraints. Consistent with the City’s obligations pursuant to Government Code section 54957.5, any material distributed to a majority or more of the City Council will be simultaneously made available to the public. 136
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Administrative Procedure: I-XX
Additional Materials Policy and Procedure

RESPONSIBILITY
The City Clerk will process all additional materials received regarding City Council meeting agenda items. Planning staff will process all additional materials received regarding Planning Commission meeting agenda items.

This policy is approved and authorized by:
___________________________________
Jamie Goldstein, City Manager
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Item 8 C.