Agenda packet — Capitola City Council, July 27, 2023

REVISED 7/27/2023 4:00 PM
City of Capitola
City Council Meeting Agenda
Thursday, July 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 Closed Session – 5 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Negotiator: Chloé Woodmansee, Assistant to the City of Manager Employee Organizations: Association of Capitola Employees, Police Officers Association, MidManagement Employees, Confidential Employees, Police Captains, and Management ii. CONFERENCE WITH LEGAL COUNSEL—LIABILITY CLAIMS (Gov. Code § 54956.95) 1) Graciela Cardiel
Claim against the City of Capitola
iii. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code § 54956.9) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: one case Regular Meeting of the Capitola City Council – 6 PM
All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

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

2. Additions and Deletions to the Agenda

3. Report on Closed Session

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

A. Updated Attachments for Item 7F
B. Correspondence Received - Item 8C
C. Correspondence Received - Item 8E
1 City Council Meeting Agenda – July 27, 2023
City of Capitola Page 2
D. Correspondence Received - Item 8F

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 which appear on the public agenda shall be determined to have been read by title and further reading waived.

A. City Council Meeting Minutes
Recommended Action: Approve the June 22, 2023, City Council meeting minutes.

B. City Check Registers
Recommended Action: Approve check registers dated June 23, 2023, and July 7, 2023.

C. Liability Claim of Graciela Cardiel
Recommended Action: Reject liability claim.

D. Grand Jury Response – Cyber Security
Recommended Action: Approve the responses to the Grand Jury Report and direct the City Clerk to submit the completed response packet pursuant to California Penal Code Section 933.05.

E. Grand Jury Response – Housing our Workers
Recommended Action: Approve the responses to the Grand Jury Report and direct the City Clerk to submit the completed response packet pursuant to California Penal Code Section 933.05.

F. Jade Street Park Universally Accessible Playground Fundraising Partnership Recommended Action: 1) Authorize the City Manager to execute a Memorandum of Understanding with the Friends of Santa Cruz County Parks for a fundraising campaign and administration of donations for the Jade Street Park Universally Accessible Playground Project; and 2) approve an administrative policy regarding the Universally Accessible Playground at Jade Street Park Donor Recognition.

G. Plein Air Public Art Prize Amount
Recommended Action: Approve the Art & Cultural Commission recommendation to increase the Plein Air Public Art Festival Competition prize amount from $1,500 to $1,800 for first place and from $800 to $1,000 for second place.

8. General Government / Public Hearings
2 City Council Meeting Agenda – July 27, 2023
City of Capitola Page 3
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. State Budget Update from Senator John Laird
B. Children and Youth Bill of Rights
Recommended Action: Adopt a resolution adopting the City of Capitola Children and Youth Bill of Rights.

C. Jade Street Park UA Playground Project
Recommended Action: Approve the Final Conceptual Design for the Jade Street Park Universally Accessible (UA) Playground Project.

D. Community Center Renovation Project – Budget Update
Recommended Action: 1) Receive update on external funding sources for the Community Center Renovation Project; and 2) authorize Amendment 1 to the Professional Services Agreement with Boone Low Ratliff Architects in the amount of $374,000 for final design documents, bidding support, and construction administration for the Community Center Renovation Project.

E. Capitola Wharf Enhancement Project Preliminary Conceptual Design Recommended Action: Direct staff to prepare a final concept plan, for consideration by the City Council on August 24, 2023, for the Capitola Wharf Enhancement Project (CWEP).

F. Capitola Road Pavement Rehabilitation Project
Recommended Action: Approve the plans, specifications, and construction budget of $1,700,000 for the Capitola Road Pavement Rehabilitation Project; adopt a resolution amending the FY 2023-24 budget; and authorize the Department of Public Works to advertise for construction bids.

G. City Council Appointments to City Advisory Bodies
Recommended Action: Appoint members of the public to the City of Capitola Arts and Cultural Commission and Historical Museum Board.

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

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

Meeting
link: https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09 Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799 Meeting ID: 833 2817 3113
Meeting Passcode: 678550
3 City Council Meeting Agenda – July 27, 2023
City of Capitola Page 4
To make a remote public comment:

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

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

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

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

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

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Memo
To: City Council
From: City Manager Goldstein
Date: July 27, 2023
Re: Item 7F: Jade Street Park Universally Accessible Playground Fundraising Partnership
Please find attached an updated Memorandum of Understanding which includes language to clarify that the County Park Friends will distribute funds back to donors less their expenses, in case of termination of the Campaign or the Project not going forward.

City Manager Department
5 Item 4 A.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1
Memorandum of Understanding
Between Friends of Santa Cruz County Parks and the City of Capitola regarding Jade Street Park Universally Accessible Playground Project Fundraising Campaign
This Memorandum of Understanding (“MOU”) is entered into between Friends of Santa Cruz County Parks (DBA County Park Friends), a California 501(c)3 non-profit corporation (“Friends”), and the City of Capitola (“City”), a California municipal corporation, and is effective as of the date fully executed. City and Friends are referred to collectively herein as the “Parties”.

The Soquel Union Elementary School District owns Jade Street Park (“Park”), which is located at 4510 Jade Street in the City of Capitola, California: Assessor’s Parcel Number (“APN”) 34-551-02. The District leases the property to the City, pursuant to a Long Term Use Agreement between City of Capitola and Soquel Union Elementary School District entered on November 22, 2022. The City wishes to raise funds for the Jade Street Park Universally Accessible Playground Project, (“Project”), to add necessary upgrades and replace the existing playground built in 1999 and 2007.

The Parties desire to set forth in this MOU that the Jade Street Park Universally Accessible (UA) Playground Project will use “universal design” as outlined by the National Parks and Recreation Association, meaning, “the design of products and environments should make them usable by all people to the greatest extent possible using a distinct set of principles designed to maximize access and everyone's enjoyment of a space”.

Friends is a party to an existing MOU between Friends and Santa Cruz County Department of Parks, Open Space, and Cultural Services (“County Parks”). One of the functions of Friends is to assist private donors in supporting County Parksapproved or aligned projects targeting countywide park equity goals. Friends, County Parks and City are aligned on increasing and improving accessibility in public spaces in the City of Capitola.

The Parties desire and agree to partner in raising funds for the Project through a fundraising campaign (“Campaign”) on the following terms and conditions:

1. The City agrees to do the following:
• Determine the cost of the Project and set the campaign fundraising target at $1 Million. • The City will provide a playground plan that:
o Is designed to allow users of all ages, abilities, backgrounds, and perspectives to explore the power of play while building mental, physical, and social skills within the community. o Is holistically designed: the playground as a whole will be UA; individual elements will be designed specifically to accommodate a variety of neuro and physical divergence. o Incorporates multiple forms of play that allow for a range of risks and a range of sensory engagement. o Considers and addresses the wide range of both neurodivergence and physical mobility of playground users.
o Is designed with input from the local Capitola community. o May include such elements as are generally described in Exhibit A attached hereto, and funds raised by the Parties under this MOU shall not be used for any other purpose without the prior written consent of both Parties, except as otherwise be provided in the MOU. • Provide Friends a list of City’s community contacts for use in Friends’ social media outreach, and also include campaign materials in City communications, including its recreation catalog, its newsletters, and email and social media communications.
• Provide an authorized contact person for the Project. Contact person may be changed from time to time with notice to Friends. Initially, the staff contact person is Chloé Woodmansee. • Provide support to Friends for campaign events. For example, staff and Council members may, upon request, attend fundraising events.
• Accept in-kind donations of project-approved materials to use towards the Project. 6 Item 4 A.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1
• Provide Project design imagery and information for campaign use in print and digital materials. • Provide a flexible sponsorship policy and the ability to apply naming signage to appropriate aspects of the play structures and surrounding features (Exhibit B).

2. The Friends agree to do the following:
• Provide fundraising consultation to the City; consult with City Staff to ensure clarity on Campaign goals and progress. • Provide an authorized contact person for Project. Contact person may be changed from time to time with notice to City. Until further notice, the Volunteer Community Lead is Dan Haifley and Friends Campaign contact is Tricia Wiltshire.
• Implement a procedure to annually provide the City verification of personal insurance for employees or volunteers who may use their personal autos for Campaign business with minimum liability limits of $100,000/$300,000 for bodily injury and $50,000 for property damage.
• Upon request from the City, present at and attend events and/or City Council meetings to provide an update on fundraising efforts.
• Prepare and distribute campaign materials.
• Provide information regarding fundraising Campaign and the Project on the Friends website. • Provide an online Campaign donation portal (link) for donors. • Prepare and send a thank you letter to each donor, acknowledging each donation. • Organize and host fundraising events .
• Promote the Project through Friends’ existing social media outreach. • Coordinate donor asks and grant opportunities.
• Provide quarterly accounting to City staff for funds raised. • Distribute funds to City upon the City’s authorization of a contract or purchase order to build the Project. If the City does not authorize a contract or purchase order to build the Project or the project does not go forward for any reason, funds less expenses will be returned to donors.

3. Compensation. In exchange for the promotional and administrative functions set forth above, Friends shall retain 15% of funds raised. The Parties anticipate that this compensation will cover Friends’ direct and indirect campaign costs, however in no case shall total funding retained by the Friends exceed 15%..The balance of the funds collected by Friends will be paid to City for the Project.

4. Term of Campaign. The term of this Campaign is from the effective date of this MOU, to when fundraising goal is met, or two years after the effective date, whichever is sooner. Parties may mutually agree, in writing, to extend this MOU.

5. Early Termination. Either Party may terminate this MOU for any reason with 30 days’ notice to the other Party. In the event of termination, Friends shall do a final accounting at the end of the 30-day period and distribute funds less expenses o the City if a contract or purchase order is in place to build the Project. If no contract or purchase order is in place or the Project does not go forward for any reason, funds less expenses will be returned to the donor.

6. No Guarantee of Success/ Return of Collected Donations. Friends and City each shall make its best efforts to reach the target goal, however, there is no guarantee nor requirement of success by either Party. 7 Item 4 A.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1
In the event that insufficient funds are raised for the Project, or the Project is not completed, or the Campaign is suspended for any reason, City shall inform Friends, and Friends will return each contribution, less expenses, to the donor.

7. City’s Authority regarding Use of Funds. Each party acknowledges that City has final authority over and responsibility for the improvements made with the funds raised pursuant to this MOU, provided, however, that the funds are used for the Project.

8. Indemnification. To the fullest extent allowed by law, Friends shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold harmless the City, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, losses, or injuries of every kind that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Friends or anyone acting on their behalf. The Friend’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that any damages are caused in whole or in part by the sole passive negligence, active negligence, or willful misconduct of such Indemnitee.

Friends and City indicate agreement with this MOU by their signatures below:

FRIENDS OF SANTA CRUZ COUNTY PARKS
_________________________________ ______________
Mariah Roberts, Exec. Dir. Date

CITY OF CAPITOLA
_________________________________ ______________
Jamie Goldstein, City Manager Date
8 Item 4 A.

Exhibit A:

The playground will include the following design features, in alignment with “universal design” as outlined by the National Parks and Recreation Association:
● Transparency in design enabling easy overview and navigation of the playground ● Entrance to playground wide enough to pass through with assistant and opening handles are placed within reaching distance
● Easy access to and around all play equipment
● Edges in contrasting textures and colors to aid visually impaired users ● Height of slopes used with consideration for assistive mobility devices, such as wheelchairs
● Accessible seating options along paths, seating and table options at the entrance and near play equipment
● Enough space for assistants and wheelchairs to pass each other, on paths and around play equipment
● Shading
● Accessible seating and table options
● Color contrasts on surfaces to assist guidance, such as:
○ Contrasting colors on surfaces at play transitions or play zone changes ○ Contrasting colors on surfaces around moving play equipment, like rotating or swinging equipment
○ Color schemes with consideration for visual impairments, such as color-blind users
● Signage that aids communication
● Social play areas: things to do together regardless of ability or age ● Solitary play areas, such as play panels or individual rotation pieces ● Quiet areas to withdraw to
● Natural elements, for example plants with a clear scent, to help way-finding and orientation
● Ground-level accessibility and usability
● Play from all sides (360-degree design)
● Transparency and clear design signals
● Spaciousness to support diverse body sizes, abilities and positions. ● Multifunctionality: more ways of use, access, and egress ● Independent use for all, such as elevated activities (ex.: wheelchair accessible/raised play panels and musical instruments) and wheel-on play equipment (ex.: carousels or ramps to relevant elevated play activities)
● Variation in play functions such as solitary and social play in both smaller and bigger groups
● Sensory play variation, such as tactile, visual, auditive ● Thrilling play functions; e.g. speed, height
9 Item 4 A.
4872-0243-2369 v1

ADMINISTRATIVE POLICY

Number: --
Issued: 7/27/2023
Jurisdiction: City Council

UNIVERSALLY ACCESSIBLE PLAYGROUND AT JADE STREET PARK

DONOR RECOGNITION
I. PURPOSE/POLICY
To establish a policy and procedure for donor recognition at the Jade Street Park Universally Accessible (UA) Playground. Sponsorship opportunities provide resources to meet strategic fundraising objectives. This policy establishes the procedure by which the City will name components of Jade Street Park Universally Accessible Playground as requested by donors, consistent with the schedule included below.

If within 10 years of installation, the park is upgraded or modified then the donor recognition will be carried forward in a similar capacity, as determined by the City in consultation with Major Sponsors, as feasible.

If within 10 years of installation, the park is closed, deconstructed, destroyed, severely damaged or undergoes an end-of-life renovation, then the donor recognition will cease.

III. PROCESS
Donor Recognition & Sponsorship Opportunities
Space Required Donation
“Donor” Wall or other design feature All donations of $1,000 or more, unless donor requests anonymity
Major Sponsorship Opportunities: As determined by Friends Climb and Slide Zone
Swing and Sway Zone
Tot Zone
Sensory Zone
Game Zone
Other Playground Components (e.g.: 4-seat rocker,
volta spinner, cozy dome, etc.)
As determined by Friends
Fundraising & Donor Recognition: The Friends of the Santa Cruz County Parks shall coordinate the fundraising campaign and donor recognition effort. The Friends shall determine donation amounts required for Major Sponsorship Opportunities and other playground components.

All donors, including Major Sponsors (those who donate an amount qualifying as a “Major Sponsorship”, will be recognized on a donor wall (or other design feature) within the playground. Only Major Sponsors may be indicated on a sign in the corresponding area (ex: a sign reading: 2 -5 Area Sponsored by John Doe).
10 Item 4 A.
4872-0243-2369 v1

This Policy is Approved and Authorized by:
___________________________________
Jamie Goldstein
City Manager
11 Item 4 A.
12 Item 4 B.
1 Moss, Julia
From: Lowry Fenton <[email protected]>
Sent: Tuesday, July 25, 2023 9:38 PM
To: City Council; Tricia Wiltshire Potts
Cc: Lisa Harvey-Duren; Pam Goodman
Subject: Capitola-Aptos Rotary supports the Jade Street Universally Accessible Playground Follow Up Flag: Follow up
Flag Status: Flagged
July 25, 2023
To Friends of the Parks and Capitola City Council:

Capitola-Aptos Rotary looks forward to supporting the Jade Street Universally Accessible playground project. Children and Education are global causes for our club and Rotary International. The Jade Street Universally Accessible playground is a major fundraising focus through December 2024, and we will work to join with other Rotary clubs on both fundraising and community service for the project. Jade Street will provide a welcoming playground and gathering place for Capitola residents and visitors of all abilities and ages.

Lowry Fenton and Pam Goodman, Co-Presidents 2023-24
Capitola-Aptos Rotary
13 Item 4 B.
1 Moss, Julia
From: Mick <[email protected]>
Sent: Friday, July 21, 2023 6:29 PM
To: City Council
Cc: Goldstein, Jamie ([email protected]); Herlihy, Katie ([email protected]) Subject: Item 8E Wharf enhancement
Follow Up Flag: Follow up
Flag Status: Flagged
Council Members,
As part of the approval for the Wharf Enhancement Project, please direct staff to carry out the direcƟon of the Planning Commission to install a palm tree to replace the canary pine at the intersecƟon of Wharf Rd and Stockton Ave. Its been about a year since the PC gave that direcƟon as a condiƟon for removing the canary pine. Its far past Ɵme to plant the palm tree.

Mick Routh
Sent from my iPhone
14 Item 4 C.
1 Moss, Julia
From: skip allan <[email protected]>
Sent: Tuesday, July 25, 2023 8:20 AM
To: City Council
Cc: CapitolaDPW; Kahn, Jessica; allan skip
Subject: Wharf Lighting Enhancement Proposal Concern
Follow Up Flag: Follow up
Flag Status: Flagged
7/24/23
Dear Capitola City Council,
Tonight you will be reviewing the Wharf enhancement proposal. As a professional mariner and long Ɵme Capitola resident I have serious concerns the Wharf lighƟng enhancement proposal may not fully comply with Capitola Code

17.96.110 regarding outdoor lighƟng as well as California Coastal Commission mandates. The Capitola Wharf's hours have been sunrise to 10:30 pm at which Ɵme the gates are closed to the public. Currently there are a half dozen lighƟng fixtures along the Wharf that have met the requirement for public safety during these open-to-the-public hours. If so, why is enhancement being proposed?
As 17.96.110 requires, "light polluƟon is to be minimized to maintain enjoyment of the night sky." Sadly, our night sky and view of stars and constellaƟons have been degraded by Capitola's loom of lighƟng. If increased, decoraƟve, or enhanced lighƟng is allowed on the Wharf, the view of the night sky and ocean, including phosphorescence displays, will be impacted or lost over water, especially given unnecessary lighƟng can cause temporary night vision blindness when looking into a dark sky..

17.96.110 also prohibits any lighƟng that "flashes, blinks, alternates, or moves." "Nor shall any glare be directed onto the beach." It has been observed at informal CWEP discussions of using changing colored lights as enhancement to the Wharf. This idea is both inappropriate and illegal.

My concern is enhanced lighƟng on the Capitola Wharf may run afoul of the law of unintended consequences. Many bird species migrate at night, and bright and flashing lights extending into the ocean from the Wharf in a dark night sky can have deleterious effects on bird and other wildlife navigaƟon. Lights reflecƟng into the water can also mess up sea creature feeding paƩerns.

My request is not onerous: Hold CWEP enhancements strictly accountable to Capitola and Coastal Commission Codes vis-a-vis outdoor lighƟng. As well, mandate that all unnecessary lighƟng aŌer public hours on the Wharf be exƟnguished manually, by Ɵmer, or otherwise.

Thank you for our concern.

Skip Allan and family, 310 McCormick Ave. Capitola
15 Item 4 C.
1 Moss, Julia
From: [email protected]
Sent: Wednesday, July 26, 2023 6:46 PM
To: City Council
Subject: Wharf project
Follow Up Flag: Follow up
Flag Status: Flagged
I agree with the fella who worries about dark skies. Wouldn’t have thought of that Sent from my iPhone
16 Item 4 C.
1 Moss, Julia
From: Janet Edwards <[email protected]>
Sent: Monday, July 24, 2023 1:32 PM
To: City Council; Mozumder, Kailash
Subject: Capitola Road Project
Follow Up Flag: Follow up
Flag Status: Flagged
City Council of Capitola
My name is Janet Edwards and I am a member of the Elderly & Disabled Transportation Advisory Committee (ED&D TAC) which is part of the Santa Cruz County Regional Transportation Commission (SCCRTC). We look at all rehabilitation projects to make sure that they meet with the needs of Elderly & Disabled people, so that if there is a need to make an improvement to a crosswalk or signal button it is covered in a project. This is done so that it can be done within a scope of project when funding is available.

This project was presented at our bimonthly meeting in April and there was a community member that was there to complain about a person in a wheelchair that was having trouble with signal crossing buttons, especially the one at Capitola Road and Clares St. this is from the minutes of that meeting "Marianne Ahern, Member of the public, presented intersections in Capitola that are hazardous to individuals with disabilities. She identified intersections where pedestrians were struck by motorists in the past 6 months. The intersections include Clares St. & Capitola Rd, Capitola Rd & 41st Avenue, Soquel Dr & Carriker Lane, and Captiola Rd & 7th Avenue. Ms. Ahern emphasized the need for safe pedestrian crossings that are ADA accessible at hospitals and shopping centers. Specifically, at Capitola Rd & Clares St. individuals using a wheelchair are unable to reach the pedestrian push button to cross the street."
Shortly after that meeting I met with Kailash Mozumder, from your public works and we "walked" (I am in a wheelchair) around the entire mall and reviewed the curb cuts and the signals buttons at all of the corners. I need to make sure that these have been incorporated into the plans for this project.

From the drawings included in the packet I can not tell if this has been done. The package said there are more complete drawings available. I received the package on Friday, July 21st and was unable to connect with anyone. Today, I again tried again, the main operator is trying to find someone that can show them to me and where they are being held. As of this hour I have not heard from anyone, apparently there are many people on vacation. I think these signal improvements are very important as they are making life difficult for people in wheelchairs and blind people too. I understand that not all of the things Kailash and I talked about are going to be done at this time, but I would hope that the ones that directly affect Capitola Road should be included.

I request that you do not present this project at this time until I can see that the signals on Capitola Road have been included in this project. I will be happy to remove my request if I get to see the drawings and they are included.

Thanks you for your consideration.

Janet Edwards
17 Item 4 D.
1 Moss, Julia
From: Kahn, Jessica
Sent: Monday, July 24, 2023 2:29 PM
To: City Council
Subject: FW: Capitola Road Project
Follow Up Flag: Follow up
Flag Status: Flagged
From: Kahn, Jessica
Sent: Monday, July 24, 2023 2:28 PM
To: [email protected]
Cc: Mozumder, Kailash <[email protected]>
Subject: RE: Capitola Road Project
Good afternoon Ms. Edwards,
Thank you for your inquiry. As you are aware as a member of the ED&D TAC, the City takes the recommendations of both SCCRTC advisory committees very seriously and makes every effort to incorporate those recommendations into transportation projects.

The plan set attached to the staff report for this project for the July 27th Council meeting is the complete set of plans to be bid for in-roadway work. Generally, a full plan set is not included in the agenda packet, but since this project is fairly limited in scope all pages were published.
https://mccmeetingspublic.blob.core.usgovcloudapi.net/capitolaca-meet-36c7913d47d7479f88bddf2dfbc211d4/ITEMAttachment-001-4c2dd20281e644129a1e7031f81306b8.pdf Additional work outside the scope of the roadway contractor for this project includes tree work/removal and electrical work. Staff has found that contracting these services separately with contractors who complete similar work for the City reduces costs for that type of work overall.

Addressing your direct concerns:
 Curb cuts – Sheet 2 of the linked plan set above indicate (with a #1 in a circle) where curb ramps are being replaced to meet current ADA standard.
 Push buttons – As noted above, electrical improvements are not included as part of the roadway improvement contract. This work will be scheduled with the City’s traffic signal contractor.

Please feel free to contact me directly with any additional questions. Mr. Mozumder is currently out of the office.

Jessica Kahn, P.E.

Public Works Director
City of Capitola
(831) 475-7300 x 217
[email protected]
18 Item 4 D.
2 From: Janet Edwards <[email protected]>
Sent: Monday, July 24, 2023 1:32 PM
To: City Council <[email protected]>; Mozumder, Kailash <[email protected]> Subject: Capitola Road Project
City Council of Capitola
My name is Janet Edwards and I am a member of the Elderly & Disabled Transportation Advisory Committee (ED&D TAC) which is part of the Santa Cruz County Regional Transportation Commission (SCCRTC). We look at all rehabilitation projects to make sure that they meet with the needs of Elderly & Disabled people, so that if there is a need to make an improvement to a crosswalk or signal button it is covered in a project. This is done so that it can be done within a scope of project when funding is available.

Thanks you for your consideration.

Janet Edwards
19 Item 4 D.
1 Moss, Julia
From: Janet Edwards <[email protected]>
Sent: Monday, July 24, 2023 3:49 PM
To: City Council; Mozumder, Kailash; Kahn, Jessica
Cc: veronica edtac
Subject: Capitola Rd project
Follow Up Flag: Follow up
Flag Status: Flagged
Capitola City Council
Janet Edwards from the Elderly & Disabled Transportation Advisory Committee part of the Santa Cruz Regional Transportion Commission A followup to my previous email of earlier in the day. I have received a reply from Jessica Kahn from public works.

These are the things that I have a problem with that I believe should be addressed in the repaving process that I can not see in the drawings

1.At 41st Ave and Capitola Rd if you are on 41st Ave(closest to the Wells Fargo Bank), the button to cross from the North to South is far away from the curb cut and it makes it difficult to find - especially for blind people and tough to get back to the curb cut for everyone when it is time to cross.

2. At Clares St and Capitola Rd
A. the button closest to the Dakota is difficult to reach - especially for people with mobility problems
B. Crossing Capital Rd from the same spot is a button in the middle of the street which is not accessible plus the cross walk is set up to go behind the signal light and that is where the button should be not in front of the signal. Of course as it sits right now - it is not in the right place and not accessible from either side.

Other signal buttons have problems in this area, but can be easily changed without a lot of digging.

And could be done at a later time.

I object to this project going forward without addressing the problems relating to people with disabilities. These items were brought to the attention of Kailash Mozumder in a "walk" around the mall back in April and need more attention than from the City's traffic signal contractor at a later date.

Thank you so much for your help.

Janet Edwards
20 Item 4 D.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: City Manager Department
Subject: Consider and Approve 6/22/2023 City Council Meeting Minutes Recommended Action: Approve minutes from the regular meeting on June 22, 2023.

Background: Attached for Council review and approval are the draft minutes from the regular City Council meeting on June 22, 2023.

Attachments:

1. 6/22/2023 Regular Minutes
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
21 Item 7 A.

City of Capitola
City Council Meeting Minutes
Thursday, June 22, 2023 – 4:00 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 – 4 PM

1. Roll Call and Pledge of Allegiance
The meeting was called to order at 4:00 PM. In attendance: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser.

2. Additions and Deletions to the Agenda
The appellants from 7A requested that their item be heard last.

3. Additional Materials
A. Correspondence Received - Item 7A – 15 emails
B. Correspondence Received - Item 7B – 3 emails

4. Oral Communications by Members of the Public
 Dave Fox, resident, spoke about Monterey Avenue Park slide.  Gorrin Kovich, resident, spoke about debris in the road on 41st Avenue.  Tom Mader, resident, spoke about deceased resident Antony Gualtieri.  Resident spoke about the Shadowbrook Restaurant's propane tanks.  John Mulry, resident, spoke about the Coastal Rail Trail plans.

5. Staff / City Council Comments
Mayor Keiser commended the Police Department on the Special Olympics Torch Run event.

6. Consent Items
A. Approval of City Council Minutes
Recommended Action: Approve 6/8/2023 City Council Meeting Minutes B. Approval of City Check Registers Dated May 26, 2023, and June 9, 2023 Recommended Action: Approve check registers.

C. Modification to Parking Meter Rates
Recommended Action: 1) Adopt, by title only, waiving further reading of the text, an ordinance of the City of Capitola amending Municipal Code Sections 10.36.055A and 10.38.010; and 2) Adopt a resolution authorizing submittal to the California Coastal Commission for the certification of an amendment to the Local Coastal Program for Section 10.36.055A.

D. Storm Damage Repair Contracts – Small Projects
22 Item 7 A.

City Council Meeting Minutes – June 22, 2023
City of Capitola Page 2
Recommended Action: Authorize staff to enter into all necessary contracts to repair stormdamaged infrastructure in an amount not to exceed a total cost of $790,000, with a net cost to the City of less than $50,000.

E. 2023-24 Road Maintenance and Rehabilitation Account Expenditures Recommended Action: Approve a resolution adopting a list of road maintenance and rehabilitation projects for Fiscal Year 2023-24, funded by Senate Bill 1: the Road Repair and Accountability Act of 2017.

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

7. General Government / Public Hearings
A. 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.

City Attorney Zutler provided an outline of the appeal procedure. Police Chief Dally presented the staff report.

Michelle and Lasalle Strong, appellants, provided an 8-minute presentation.

Public Comments:
 Resident and employee of the Capitola Bar and Grill spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Sarena Wagner, resident and employee of Capitola Bar and Grill, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Alexis Underwood, resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Donna Vanelle, resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Kelly Shannon, Santa Cruz resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 James Navarro, local business owner, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 James Fredrickson, resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Patricia Timber, local instructor, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 George Henderson, resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Glen Blanchford, resident and local musician, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Don Williams, UCSC and Cabrillo Professor and Santa Cruz County resident, and President of the Local NAACP Chapter, voiced concerns about the treatment of racial minorities in Capitola.
 Dwayne Gardner, former Capitola resident, encouraged the City Council to find a compromise to work with the Capitola Bar and Grill business owners.  Jake Goodman, resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
 Nancy Williams, Santa Cruz County resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.
23 Item 7 A.

City Council Meeting Minutes – June 22, 2023
City of Capitola Page 3
 Dawn Campbell, resident, spoke in support of Capitola Bar and Grill’s Entertainment Permit.

Michelle and Lasalle Strong, appellants, provided a 4-minute rebuttal to staff comments.

Council Member discussion included an acknowledgement of staff’s oversight, and encouragement for the business owner and property owner to resolve their dispute.

Motion to adopt the resolution denying the appeal of the City Manager’s decision to deny an application for a 2023 Regular Entertainment Permit for the Capitola Bar and Grill:

Council Member Brooks
Seconded: Council Member Clarke
Voting Yea: Council Members Brooks, Clarke, Pedersen, and Vice Mayor Brown Abstaining: Mayor Keiser
B. Grand Avenue Pathway
Recommended Action: Direct staff to relocate and repair existing fencing to maintain a minimum walkway width of eight feet on the Grand Avenue Pathway.

Public Works Director Kahn presented the staff report.

Public Comments:
 Skip Allen, resident, spoke in favor of maintaining a pathway.  Sam Dennar, resident, voiced concerns about encroachments along the pathway.  Tom Mader, resident, spoke in support of Option 1.
 TJ Welch, resident, spoke in support of Option 1.
 Susan Bennett, resident, spoke in favor of maintaining a pathway.  John Mulry, resident, spoke in favor of maintaining a pathway but closing the path to bicycle use.

Council Member discussion included clarification on fencing requirements, federal funding reimbursement, and signage.

Motion to relocate and repair the existing fencing along the Grand Avenue Pathway, and reassess removal of encroachments during the Mid-Year Budget Assessment: Council Member Brooks
Seconded: Council Member Pedersen
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser C. Memorials Installed on Capitola Wharf
Recommended Action: Determine the plan for memorial plaques currently installed on Capitola Wharf.

Assistant to the City Manager, Chloe Woodmansee, presented the staff report.

Public Comments:
 Caroline Hoagland, resident, spoke in favor of replacing plaques in their previous location.
 Linda Davis, resident, spoke in favor of replacing plaques in their previous location.
 Lisa Murphy, City of Santa Cruz, spoke in favor of an artistic element on the Wharf to incorporate memorial plaques.
 Dean Sutton, resident, spoke in favor of replacing plaques in their previous location.
 Patty, resident, spoke in favor of replacing plaques in their previous location.  Steph Christman, resident, spoke in favor of replacing plaques in their previous location.
24 Item 7 A.

City Council Meeting Minutes – June 22, 2023
City of Capitola Page 4
 Valerie Levitt, resident, spoke in favor of replacing plaques in their previous location.
 Joni S., resident, spoke in favor of replacing plaques in their previous location.

Council Member discussion included clarification about the responsibility of maintenance costs for plaques, avoiding placing the plaques near the restroom facilities, and installation of a public art element.

Motion to direct staff to re-install all memorial plaques on the Wharf and amend the Administrative Policy to require plaque purchasers to replace plaques if damaged: Vice Mayor Brown
Seconded: Council Member Clarke
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser D. 1098 38th Avenue Project Introduction and Funding Request Recommended Action: Receive presentation and direct staff to prepare loan agreement to assist with predevelopment activities for a 100% affordable multifamily rental housing development located at 1098 38th Avenue.

Community Development Director Herlihy, representatives from MidPen Housing and FORA Architects presented the staff report.

Public Comments:
 Tracy Weiss, O’Neil Representative, supports the development of this project.

Council Member discussion included suggestion of evaluating parking needs for the project.

Motion to direct staff to prepare a loan agreement to assist with predevelopment activities for an affordable housing development: Council Member Brooks Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser E. Levy of Capitola Village and Wharf Business Improvement Area Assessments for Fiscal Year 2023-24
Recommended Action: Conduct the noticed public hearing and adopt a resolution levying the Fiscal Year 2023-24 Capitola Village and Wharf Business Improvement Area Assessments and accepting the CVWBIA Annual Plan and budget.

Finance Director Malberg presented the staff report.

Motion to adopt the resolution levying the Fiscal Year 2023-24 Capitola Village and Wharf Business Improvement Area Assessments and accepting the CVWBIA Annual Plan and budget: Council Member Brooks
Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser F. Fiscal Year 2023-2024 Budget and Capital Improvement Program Recommended Action: Adopt a resolution adopting the City of Capitola’s Fiscal Year 2023-24 Budget and Capital Improvement Program.

Finance Director Malberg presented the staff report.

Motion to adopt the resolution adopting the City of Capitola’s Fiscal Year 2023-24 Budget and Capital Improvement Program: Vice Mayor Brown
Seconded: Council Member Brooks
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser G. Fiscal Year 2023-24 Fee Schedule
25 Item 7 A.

City Council Meeting Minutes – June 22, 2023
City of Capitola Page 5
Recommended Action: Conduct the duly noticed public hearing on the proposed Fee Schedule for FY 2023-24 and adopt a resolution amending the current fee schedule.

Finance Director Malberg presented the staff report.

Motion to adopt the resolution amending the current Fee Schedule, with a modification to the Band Stand Full Day Rental Fee: Council Member Clarke Seconded: Council Member Pedersen
Voting Yea: Council Members Brooks, Clarke, Pedersen, Brown, and Mayor Keiser

8. Adjournment – The meeting was adjourned at 7:51 PM to the next regularly scheduled meeting on July 27, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
____________________________
Julia Moss, City Clerk
26 Item 7 A.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve check registers dated June 23, 2023, and July 7, 2023.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
6/23/2023 103627 103719 101 $ 479,863.31
7/7/2023 103720 103810 102 $ 955,420.79
The main account check register dated June 9, 2023, ended with check #103626.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
6/23/2023 5823 5823 141 $ 221,194.94
7/7/2023 5824 5824 142 $ 260,449.50
The payroll account check register dated June 9, 2023, ended with EFT #22308.

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

Check/
EFT Issued to Dept Description Amount
103643 Boone Low Ratliff
Architects Inc PW Jade St Community Center renovation design services $ 20,017.50 103650 Cresco Equipment Rentals PW Lagoon/beach grading equipment rental $ 12,503.09
103693 RRM Design Group CDD Capitola Housing Element
Update April Services $ 39,630.54
103705 Triad Electric Inc PW Noble Gulch lighted bollards $ 28,500.00 103706 Tyler Technologies Fin Annual ERP application
services $ 32,710.33
103710 Verde Design PW Reimbursables Apr 26 – May
25 $ 19,726.00
1540 CalPERS Member
Services Division CM PERS Contributions PPE 6/10/23 $ 57,375.95 1541 Employment Development
Department CM State taxes PPE 6/10/23 $ 11,111.54
1542 Internal Revenue Service CM Federal taxes & Medicare PPE 6/10/23 $ 38,799.92
1545 Wells Fargo Bank Fin May Credit Card Charges $ 16,330.36 27 Item 7 B.
1546 CalPERS Fiscal Services
Division CM FY22/23 OPEB trust contribution $67,048.00
103730 Burke Williams and
Sorensen LLP CM May Legal Services $ 62,126.96
103743 Donald W Alley PW Soquel Creek monitoring and
reporting $ 11,387.42
103759 LaborMax Staffing PW Public works seasonal labor 6/17-6/30 $ 11,407.44
103769 MBASIA CM FY23-24 insurance premiums $ 498,673.85 103781 Pacific Gas & Electric PW June Monthly Utilities $ 10,640.87 103788 Santa Cruz County Clerk CM November 2022 Election ballots, staff, supplies $ 13,978.50
103810 Folsom Lake Ford PD 2023 Mustang Mach E $ 52,075.55 1550 CalPERS Health Insurance CM July Health Insurance $ 65,131.77 1551 CalPERS Member
Services Division CM PERS contributions PPE 6/24/23 $ 57,846.84 1552 Employment Development
Department CM State Taxes PPE 6/24/23 $ 12,284.72
1553 Internal Revenue Service CM Federal taxes & Medicare PPE 6/24/23 $ 43,764.80
5824 Employee CM Employee Final Check $ 10,446.20
Attachments:

1. 6-23-23 Check Register

2. 7-7-23 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: July 27, 2023
From: City Manager Department
Subject: Grand Jury Response – Cyber Security
Recommended Action: Approve the responses to the Grand Jury Report and direct the City Clerk to submit the completed response packet pursuant to California Penal Code Section 933.05.

Background/Discussion: On May 18, 2023, the Santa Cruz County Civil Grand Jury released a report titled Phishing and Passwords and Ransomware, Oh My! The report includes five findings and six recommendations for the City of Capitola. The Grand Jury also made findings and recommendations for Santa Cruz County and the four Cities in the County.

City of Capitola staff reviewed the findings and recommendations in the report and prepared the attached responses.

Fiscal Impact: No fiscal impact. Costs totaling more than $250,000 address information technology and cyber security and were included in the 2023-24 adopted budget.

Attachments:

1. Grand Jury Cyber Report

2. Grand Jury Press Release

3. City of Capitola Response Packet
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
57 Item 7 D.

Cyber Threat Preparedness
Phishing and Passwords and Ransomware, Oh My!
Summary
Cyber attacks targeting computer information systems, personal digital devices, or smartphones increase every year with the largest number of attacks typically hitting California. Cyber criminals target all types of businesses and all sizes of government agencies including small cities that often have limited resources to invest in cybersecurity. As Santa Cruz County continues its plans to expand broadband access and to provide efficient digital services to its residents, adherence to cybersecurity measures and best practices is critical.

Santa Cruz County and the cities of Santa Cruz, Watsonville, Scotts Valley, and Capitola understand the cyber threat environment and the potential consequences of a cyber attack. These government entities have implemented varying levels of security measures to mitigate such threats.

The Jury’s overall recommendations encompass the following:
● The County and the four cities should write and implement Cybersecurity Plans and Incident Response Plans that detail frameworks for mitigating cyber attacks and details for responding to a cyber incident.
● Each of our cities should designate a city official as the lead for cybersecurity.

Even when an information technology consulting firm supports the city, one government official should be responsible for cybersecurity. ● The County and cities would benefit from cyber threat information sharing across the county, enabling greater knowledge of potential threats and shared ideas for threat mitigation.

Cyber Threat Preparedness published May 18, 2023 Page 1 of 24 58 Item 7 D.

Table of Contents
Background 3
Scope and Methodology 5
Investigation 6
Cyber Best Practices across Santa Cruz County 7
Steps in the Right Direction 9
Conclusion 9
Findings—Santa Cruz County 11
Recommendations—Santa Cruz County 11
Findings—City of Santa Cruz 12
Recommendations—City of Santa Cruz 12
Findings—City of Watsonville 13
Recommendations—City of Watsonville 13
Findings—City of Scotts Valley 14
Recommendations—City of Scotts Valley 14
Findings—City of Capitola 14
Recommendations—City of Capitola 15
Commendations 15
Required Responses 16
Definitions 16
Sources 19
References 19
Cyber Threat Preparedness published May 18, 2023 Page 2 of 24 59 Item 7 D.

Background
Cyber preparedness is the practice of ensuring that an entity has a strategy to mitigate, respond, and recover from a cyber incident on its networks or devices. With cyber attacks continuing to escalate year over year, and targets expanding to include smalland mid-sized cities, schools, and medical facilities, Santa Cruz County and its cities need to allocate sufficient attention to this threat. Cyber attacks can occur in many ways and can produce a wide range of effects including:
● Damaging financial security and theft of intellectual property; ● Theft of personally identifiable information (PII);
● Blocking digital access or deleting information and accounts; ● Complicating or blocking business and government services, and ● Interfering with transportation, power networks, and other critical infrastructure.

The United States remains the top target worldwide for all types of cyber attacks, with Californians constituting the most frequent victims, totalling over 67,000 people or businesses for a total loss of more than $1.2 billion in 2021.[1] [2] According to the California Cybersecurity Integration Center (Cal-CSIC), in 2022, ransomware was by far the most common type of cyber attack in the state, although other cyber crimes, including data breaches and investment crimes, are common as well. No industry sector has been spared from cyber attacks. In the last six months of 2022 alone, the Cal-CSIC recorded over 250 cyber incidents in California and a 22 percent increase in ransomware attacks over the first six months of the year. [2] [3] [4]
Cyber Threat Preparedness published May 18, 2023 Page 3 of 24 60 Item 7 D.

Figure 1. Cal-CSIC reporting on sectors targeted and types of cyber attacks in California in the second half of 2022.[3]
Over the past several years, cyber attacks have become much more sophisticated, often leveraging multiple attack surfaces, third-party software, or cloud-based infrastructure to reach a viable target. In the cyber industry, experts recognize that it is not a question of whether an attack will happen, but rather when an attack will happen and how prepared the target entity is to mitigate the impacts.[5] [6] [7] [8] In mid-February 2023, the city of Oakland declared a local emergency and shut down some of its city services, including non-emergency calls, parking and business payments, and planning services, when it was hit by a ransomware attack.[9] As of early March, the hacker group had released over nine gigabytes of data including employees’ social security numbers, driver license numbers, addresses, and bank statements of the city’s operating accounts.[10] [11]
In March 2018, the city of Atlanta was the target of a ransomware attack that shut down many city services, including court services and utilities, for several weeks and at the cost of more than $10 million.[12] [13] [14]
Cyber Threat Preparedness published May 18, 2023 Page 4 of 24 61 Item 7 D.

Small cities are not immune to ransomware attacks, as evidenced by the November 2018 ransomware attack against Valdez, Alaska, a city of less than 4,000 residents.

Contrary to FBI advice, the city admitted to paying the ransom to recover access to their network.[15] The cost of the attack probably totaled considerably more than the ransom itself as the city hired a well known cybersecurity firm to negotiate the ransom payment and ensure recovery of their data. While the cost of the Valdez ransomware attack was in the tens of thousands, in 2022, the cost of a data breach reached an average of $4.35 million, according to IBM’s Cost of a Data Breach Report.[16] Fortunately, Santa Cruz County has not experienced the breadth of cyber attacks that many other counties experience; however, an attack could occur at any time and could have significant impacts across the county.
[17] [18] Given the daily barrage of news about
cyber attacks, the Santa Cruz County Civil Grand Jury elected to shine a light on the level of cyber preparedness in our county and our cities.

Scope and Methodology
The Santa Cruz Civil Grand Grand Jury sought to evaluate the overall level of preparedness for a cyber incident against the county or city networks. It performed research across federal and state resources, top cyber security sites, and reputable media sources to build an understanding of the current cyber landscape and a foundation for cyber preparedness. Based on interviews with subject matter experts and resources available from the Cybersecurity and Infrastructure Security Agency (CISA) at the Department of Homeland Security (DHS) and the National Institute of Standards and Technology (NIST) in the U.S. Department of Commerce, the jury delineated key elements of strong cyber hygiene, the security and health of the information systems, and best practices for local governments.[6] [19] [20]
The Grand Jury conducted multiple interviews of employees in Santa Cruz County and its cities. The investigation examined the extent to which cyber precautions are implemented and maintained–including cyber awareness training, common network security measures, and planning for cyber incidents–across Santa Cruz County and the cities of Santa Cruz, Watsonville, Scotts Valley, and Capitola. The Grand Jury specifically looked at:
● Do Santa Cruz County and its cities stay informed on emerging technologies and current cyber threat trends?
● Is there an identified individual responsible for cyber security? ● Do the County and its cities routinely follow recommended cyber security practices?
● What is the extent of cyber awareness training for county and city staff, particularly given that most attacks begin with phishing emails? ● To what extent do the County and cities participate in regional or state-level information sharing or information sharing within the County itself with respect to cyber threats?
● Do the County and the cities have a plan in place for mitigating cyber attacks? Cyber Threat Preparedness published May 18, 2023 Page 5 of 24 62 Item 7 D.
● Are there policies and procedures in place for how our local governments will respond to a cyber attack?
● Do the County and cities have cyber insurance?
In each interview the Civil Grand Jury conducted, it discussed best practices in cyber security and the state of each entity’s cyber hygiene or the practices organizations and individuals perform regularly to maintain the security and functionality of users, devices, networks, and data.[21] The discussions highlighted the preparations to mitigate, detect, and manage cyber incidents and the level of attention to training and education, all of which constitute an entity’s level of cyber maturity.

The Civil Grand Jury investigation focused solely on the county and city governments. It did not assess cyber preparedness at the County Office of Education or the schools, law enforcement and fire entities, or critical infrastructure such as water systems and public health facilities.

Investigation
The Civil Grand Jury’s research underscored the fact that, to date, our county has not been a target of a major cyber attack. This favorable status is not likely to continue given the increasing volume of cyber incidents and the very broad nature of targets, many of which are simply targets of opportunity rather than entities of specific interest to cyber criminals.

The most notable cyber attack raised during the jury’s research was the December 2010 Distributed Denial of Service (DDOS) attack against the Santa Cruz County website that temporarily shut down the site and county digital services. A DDOS attack is a malicious attempt to disrupt a website by overwhelming the site with communication requests, thus denying access to legitimate users. According to the 2011 Department of Justice indictment, the People’s LIberation Front (PLF), a group associated with the Anonymous hacktivist group, planned and executed the attack. The cyber actor, known by the moniker “Commander X,” conducted the DDOS attack as part of “Operation Peace Camp 2010,” a protest against the county’s camping policies.[22] [23] The Commander X cyber incident was a wake-up call for Santa Cruz County, highlighting the vulnerabilities and potential damage of a cyber attack that could quickly shut off county services. Since that time, the sophistication, frequency, and nature of cyber attacks has evolved dramatically with ransomware attacks becoming the most common and costly type of cyber incident. Ransomware is a form of malware that encrypts files on a device or network rendering the files and/or services unusable.

Malicious actors then demand ransom in exchange for releasing the files. Examples in 2022 include the September 3rd ransomware attack against the Los Angeles Unified School District, the October 2nd ransomware attack against Hartnell College in Salinas, and the October 5th ransomware attack against CommonSpirit, the parent company of Dominican Hospital, that exposed the personal data of 623,700 patients and recently prompted a lawsuit. Fortunately, the CommonSpirit attack did not impact patients at Dominican Hospital in Santa Cruz.[15] [24] [25] [26] [27] [28] Cyber Threat Preparedness published May 18, 2023 Page 6 of 24 63 Item 7 D.

A CISA cybersecurity advisory published in 2022 noted that recent trends, tactics, and protocols (TTP) among ransomware actors encompass:
● Gaining access to networks via phishing emails, stolen Remote Desktop Protocols (RDP) credentials or brute force, and exploiting network vulnerabilities.

The pandemic-caused increase in remote work significantly expanded the landscape for cyber actors.
● Using cybercriminal services-for-hire. Ransomware attacks can now be conducted through ransomware-as-a-service (RaaS) that sells malware as well as services to negotiate and facilitate payments.
● Sharing victim information across cyber criminal groups. ● Targeting a greater number of medium and smaller organizations, including local governments and public services.
● Diversifying avenues for extorting money to include the threat of releasing stolen data, further network disruptions, and informing shareholders and partners.[6] The same CISA Advisory, along with additional CISA cybersecurity resources for state and local governments, recommends several measures for minimizing the chance of and mitigating the impact of cyber attacks:
● Maintain data back-up versions, preferably to multiple locations, requiring multi-factor authentication (MFA) for access, and encrypting data in the cloud. ● Require MFA for as many services as possible, particularly for webmail, accounts that access critical systems, privileged accounts that manage backups, and virtual private networks (VPN).
● Keep all operating systems and software up to date.
● Implement a user training program and phishing exercises to raise awareness among users about the risks of visiting suspicious websites, clicking on suspicious links, and opening suspicious attachments.
● Evaluate and monitor third-party software for security concerns. ● Ensure devices are properly configured and that security features are enabled. ● Maintain a current Cybersecurity Policy and Incident Response Policy that is accessible when networks are inoperable.[6] [19]
Cyber Best Practices across Santa Cruz County
The Civil Grand Jury applied this list of best practices cited above, with the addition of a Cyber Insurance Policy, in its assessment of cyber preparedness in the county and cities. With respect to cyber insurance, insurance companies such as Beazley, Ironshore, and other markets offered through the Monterey Bay Area Self Insurance Authority (MBASIA) and Alliant, which provide insurance coverage for our cities, are now requiring government entities to meet basic cyber best practices to be eligible for all insurance coverages. If these requirements are not met, the government entities may still have cyber insurance for some causes of loss, but payments may be restricted if the Cyber Threat Preparedness published May 18, 2023 Page 7 of 24 64 Item 7 D.
cyber measures are not implemented before an incident occurs. In order to obtain competitive insurance terms, access all coverage terms available, and control claims exposures, cyber hygiene measures should be prioritized for implementation.[23] The Jury concluded that Santa Cruz County and its cities are well educated on the potential cyber threats–probably more so than most U.S. cities of similar size–and are making efforts to improve their cyber posture. The jury identified several areas for improvement and a critical need for more attention to cybersecurity among county and city leaders. Information Technology (IT) and cyber professionals understand that cybersecurity constitutes a business problem, not an IT problem, and therefore, is everyone’s responsibility.

Table 1 summarizes the cyber best practices and levels of adoption by Santa Cruz County and city government entities.

Table 1. Summary of best practices
Cyber Security
Practice
Santa Cruz
County
Santa
Cruz City
Watsonville Scotts Valley Capitola
Routinely Back-up
Data

M M M M M
Multi-factor
Authentication

M M IP A IP
Timely Patching
and Updates

M IP M M M
Restrict Admin
Accounts

M M M M M
Security
Awareness
Training

M M M M IP
Cybersecurity
Policy

A A A A A
Incident Response
Plan

A A A A A
Cyber Insurance IPA IPA IPA IPA IPA
Key: M Currently meet standards
IP Improvement in process
A Needs attention
IPA Needs more attention before an incident
Source: Grand Jury interviews and document requests
[29] [30] [31] [32] [33] [34] [35] [36]
[37] [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] [71] [72]
Cyber Threat Preparedness published May 18, 2023 Page 8 of 24 65 Item 7 D.

Steps in the Right Direction
Santa Cruz County and the city governments of Santa Cruz, Watsonville, Scotts Valley, and Capitola demonstrate a strong awareness of potential cyber threats and the risks of a ransomware attack against county or city networks. Across these public entities, there is a wide variation in resources assigned to cybersecurity and efforts to mitigate the growing threats.

With a well structured Information Services Department (ISD) and a plan to hire a dedicated Chief Information Security Officer (CISO) in 2023, Santa Cruz County has built a solid foundation for cybersecurity.
[73] [74] The County is aware of possible areas for
improvement and is working towards filling any cybersecurity gaps. With its strong foundation and IT resources, the County is positioned to take a leading role in cybersecurity across the county.

Santa Cruz City appears well educated on the potential cyber threats to cities, although it lacks sufficient resources to fully implement appropriate security measures. The City’s primary challenge is hiring and retaining qualified personnel. The City IT department is implementing measures to raise its level of cyber hygiene, including participation in CISA services and augmenting cyber best practices.[35]
Watsonville recently revamped and enlarged its IT Department to meet its IT requirements and match the changing threat environment. While its new IT structure and system upgrades are critical for improving the functionality and security of city networks, they are not yet sufficient to mitigate the range of potential cyber threats.

Watsonville is working towards raising awareness of cyber threats across city departments and expanding its capabilities.[62]
Scotts Valley manages its IT needs, including cybersecurity, through a local contracting company that is responsible for all aspects of information technology from user support and staff training to network monitoring and cybersecurity. The consulting company maintains a current and strong understanding of cyber threats and the status of city networks. The company is positioned to respond rapidly to any network threats.[9] [52] With one person responsible for all of the IT needs of Capitola, the City is inadequately resourced to meet the threat of cyber attacks. Capitola did not replace its IT Director when he departed in mid-2022. Although Capitola recently contracted with an IT consulting company for technology services, the contract support is limited. There is no city official responsible for cybersecurity, and awareness of the potential threats–especially in the wake of increased national attention following the 2023 storms–is limited.[43] [46]
Conclusion
Overall, the Grand Jury investigation found that the IT staff in the county and city governments are well aware of current and growing cyber threats to local governments and the potential consequences of a cyber attack. The level of preparedness for mitigating and responding to an attack varies from the County’s excellent cyber security Cyber Threat Preparedness published May 18, 2023 Page 9 of 24 66 Item 7 D.
foundation to minimal security measures in some of the cities. Nationwide, under-resourced public sectors are insufficiently prepared for cyber attacks and continue to be heavily targeted by cyber criminals. Lack of adequate budgets and skills shortages make these localities potentially vulnerable. In several cases in our county, IT staff appeared swamped with the daily press of the business of managing hardware, software, and access issues, leaving cybersecurity to fall to a lower priority. [75] [76]
The potentially high cost of a ransomware attack underscores that in addition to the IT staff, executive-level attention to the risks and a greater investment in cybersecurity is a sound business practice for local governments.[77] All of our government entities would benefit from greater countywide collaboration and information sharing.[78] Multiple regional and state resources offer opportunities for cyber threat information sharing. As one official noted, monthly coffees with the IT leads in each local government would offer a very useful opportunity to share cyber TTPs and best practices specific to Santa Cruz County.

The Grand Jury recognizes the limited resources available to small counties and cities, a situation that often leads to a lack of funding and insufficient attention to cybersecurity.

The Jury would argue that the potential cost of a ransomware attack more than justifies a much greater investment in cybersecurity.
[79] There are several avenues small cities
should consider to enhance their cybersecurity including:

1. Secure long-term funding for cybersecurity in the core budget. A proactive approach that prioritizes network defense, situational awareness, and education is a critical element of cybersecurity and well worth the commitment.

Cybersecurity should be a budget item on a business level, not solely an IT budget allocation.

2. Hire and retain cyber talent. Small and medium-sized cities need to identify innovative methods for hiring and retaining the appropriate expertise to ensure secure networks and a vigilant security program. If funding limits the ability to hire a sufficient number of competent IT professionals, cities may want to consider a part-time CISO position, shared resources, or hiring an outside contractor.

3. Set up strong relationships with the private sector. Santa Cruz is well positioned to leverage private sector partnerships in the region that may offer additional resources and superb cyber expertise with minimal investments.

4. Build an exhaustive Incident Response Policy. Every entity should maintain a current Incident Response Policy that delineates established relationships, detailed scenario planning, step-by-step instructions for incident responses, defined public relations measures, and plans for business continuity. Such a plan is critical to delineate the processes that will allow cities to continue serving the public in the event of an attack. The plan should define how systems will be restored without disrupting the business continuity, steps for a thorough investigation of the nature of the breach, and an immediate investment in addressing the vulnerabilities.

Cyber Threat Preparedness published May 18, 2023 Page 10 of 24 67 Item 7 D.

5. Improve training and culture. A company culture that encourages security and provides a broad range of cybersecurity training is the best approach to mitigating cyber threats, in both government and private entities.[73] [74]

6. Rely on cybersecurity best practices. At a minimum, entities should ensure the use of reputable automation and cybersecurity tools across all networks. The cybersecurity foundation should encompass firewalls, antivirus software, and strong endpoint and network security products that allow visibility into the network.[18]
With proper cybersecurity measures in place, our county and cities could take advantage of the cybersecurity grant opportunities available from federal agencies such as DHS/CISA and the Federal Emergency Management Agency (FEMA). In the event of limited resources to prepare and apply for grants, the County and cities would be well served by hiring a consultant to write grant proposals. In the long run–or possibly in the short run–such expenditures would pay for themselves and much more.[43] [73] [79] Findings—Santa Cruz County
F1. Santa Cruz County does not have a Cybersecurity Plan, and the absence of a current plan that defines security policies, procedures, and controls required to protect its networks and devices increases the risk of vulnerabilities.

F2. Santa Cruz County does not have a sufficiently detailed Incident Response Plan, indicating they would not be prepared to respond rapidly and effectively in the event of a cyber incident.

F3. Santa Cruz County participates in multiple information sharing groups at regional and state levels, although it has only minimal interaction with the cities across Santa Cruz County, degrading their ability to fully understand regional vulnerabilities.

Recommendations—Santa Cruz County
R1. Santa Cruz County should prepare and implement a Cybersecurity Plan by the end of 2023, ensuring that city officials and all staff are well aware of the plan details, their responsibilities, and associated policies. (F1) R2. By the end of 2023, the county should revise and expand its Incident Response Plan to clearly delineate the steps it will take in response to a cyber attack, the responsibilities of identified officials, and the coordination required with state and federal officials for each type and level of cyber attack. A detailed plan is a requirement for continuity of county operations in a cyber incident. (F2) R3. The County’s information sharing efforts should be expanded to ensure fulsome information sharing across all government entities in the county, specifically Santa Cruz, Watsonville, Scotts Valley, and Capitola, by the end of 2023. A simple schedule of monthly meetings would permit regular sharing of possible threats, TTPs seen across the county, and information learned from outside organizations such as the Cal-CSIC. (F3)
Cyber Threat Preparedness published May 18, 2023 Page 11 of 24 68 Item 7 D.

Findings—City of Santa Cruz
F4. The City of Santa Cruz seems to have an adequate IT Department structure; however, in late 2022, 40 percent of its positions remained vacant, leaving them inadequately staffed to mitigate and respond to cyber attacks.

F5. Inadequate staffing and high attrition has led to overworked staff and raises the risk of cyber vulnerabilities across its networks.

F6. The City does not have an individual dedicated as the lead for cyber security, which could lead to inadequate preparation for and response to a cyber attack.

F7. The City of Santa Cruz does not have a Cybersecurity Policy, suggesting that preparations to mitigate a cyber attack are inadequate and not widely shared.

F8. The City of Santa Cruz does not have an Incident Response Plan, and this absence indicates that the City will be challenged in responding to a cyber attack, especially a ransomware attack.

F9. Santa Cruz participates in some information sharing organizations such as the California Municipal Information Services Association (MISAC), yet it has minimal collaboration within the county and the other cities, forfeiting opportunities to share best practices and understand threats.

Recommendations—City of Santa Cruz
R4. The City of Santa Cruz should prioritize filling its vacant IT department positions by Fall 2023. The IT Department and the Human Resources (HR) Department should revise its position requirements, compensation packages, and recruiting priorities to enable the City to attract qualified personnel to these positions. (F4) R5. By Fall 2023, Santa Cruz should identify and implement creative approaches to hiring and retention so they can maintain a fully staffed IT Department despite the competition with surrounding counties. The City should investigate potential partnerships with one or more of the 18 California colleges and universities with National Centers of Academic Excellence in Cybersecurity. (F5) R6. By Fall 2023, the City of Santa Cruz should assign one individual responsible for cybersecurity. Adoption of a managed service provider arrangement will boost its security posture, although it does not eliminate the need for a dedicated security lead within the City’s IT Department. (F6)
R7. By the end of 2023 or sooner, the City of Santa Cruz should develop and implement a Cybersecurity Plan that encompasses all aspects of information security. (F7)
R8. By the end of 2023 or sooner, the City should complete an Incident Response Plan with sufficient detail for city officials to use as a step-by-step guide in the event of a cyber incident. (F8)
Cyber Threat Preparedness published May 18, 2023 Page 12 of 24 69 Item 7 D.

R9. Once the IT Department has adequate staffing and by the end of 2023, it should expand its participation in local and state information sharing groups to maintain current knowledge of the threat environment and emerging technologies. (F9) Findings—City of Watsonville
F10. After recently expanding its IT Department, the City of Watsonville has improved its IT functions although it does not yet allocate sufficient resources to cybersecurity.

F11. The City does not have an individual whose primary responsibility is cybersecurity for the city networks, leaving cybersecurity oversight to the IT Director–along with a multitude of other IT responsibilities–and lowering the priority for cybersecurity measures.

F12. Watsonville does not have a Cybersecurity Plan that defines security policies, procedures, and controls required to protect its networks and devices, a situation that increases the risks of vulnerabilities.

F13. Watsonville does not have an Incident Response Plan that provides detailed information on how to respond to an attack, suggesting the City would not be able to respond rapidly and effectively to a cyber attack.

F14. Watsonville participates in some regional information sharing forums, but it does not have the resources to expand its participation or tap into state-level information sharing, thus forfeiting valuable best practices and cyber threat information.

Recommendations—City of Watsonville
R10. Watsonville should conduct an evaluation of its recently expanded IT Department, critical IT upgrades, and the status of cybersecurity measures by the end of 2023. Based on this assessment, the City should allocate existing or newly identified resources to ensure cybersecurity is adequately addressed going forward. (F10)
R11. Given the size of Watsonville, the City should have a dedicated position for cybersecurity by the end of 2023, to ensure adherence to best practices, mitigation of potential threats, and education of city staff and leadership. (F11) R12. By early 2024 or sooner, Watsonville should prepare and implement a Cybersecurity Plan that addresses all of the best practices for strong cyber hygiene. (F12)
R13. By early 2024 or sooner, Watsonville should prepare and implement an Incident Response Plan with sufficient detail to serve as a guide in the event of a cyber attack. (F13)
R14. Upon completion of IT structural upgrades and a higher level of cyber maturity, and by the end of 2023, Watsonville should participate in local, regional, and state information sharing initiatives. (F14)
Cyber Threat Preparedness published May 18, 2023 Page 13 of 24 70 Item 7 D.

Findings—City of Scotts Valley
F15. Although Scotts Valley’s managed service provider is very knowledgeable and capable of providing cybersecurity services, there is no single city official with cybersecurity oversight, potentially leading to a poor understanding of the threats and an inadequate response to a cyber attack.

F16. Scotts Valley does not have a current Cybersecurity Plan that defines security policies, procedures, and controls required to protect its networks and devices, potentially increasing the risks of vulnerabilities.

F17. Scotts Valley does not have a current Incident Response Plan, which could exacerbate the effects of a cyber incident such as increase the time a network is unavailable or raise the potential financial costs of a resolution.

F18. Scotts Valley does not participate in any cybersecurity information sharing groups to enhance best practices, rather they depend on their contractor to stay informed, which makes the City last to know of critical cyber threats.

Recommendations—City of Scotts Valley
R15. By mid-2023, Scotts Valley should assign a city official as the lead for cybersecurity for the city. This individual should oversee the contractor’s performance in cybersecurity and ensure city leaders are well informed on emerging threats, cybersecurity challenges, and information provided from regional and state entities. (F15)
R16. Working with its IT contractor, by Fall 2023, Scotts Valley should write and implement a Cybersecurity Plan that is shared with all city officials to demonstrate comprehensive security measures and executive-level cyber threat awareness. (F16)
R17. By Fall 2023, Scotts Valley should write an Incident Response Plan that clearly delineates the steps it will take in response to a cyber attack, the responsibilities of identified officials, and the coordination required with state and federal officials for each type and level of cyber attack. (F17)
R18. Scotts Valley should participate in local, regional, and state cybersecurity organizations for information sharing by the end of 2023. (F18) Findings—City of Capitola
F19. With one individual responsible for IT services, Capitola does not allocate sufficient resources to cybersecurity, a status that could lead to poor cyber knowledge and unnecessary vulnerabilities.

F20. The City of Capitola does not have a robust cybersecurity training program, nor does it conduct phishing tests or routinely remind employees to adhere to cybersecurity measures during potential periods of increased threats.

Cyber Threat Preparedness published May 18, 2023 Page 14 of 24 71 Item 7 D.

F21. The City of Capitola does not have a Cybersecurity Plan to address cybersecurity measures city wide, suggesting the city is not adequately mitigating the potential impact of cyber incidents.

F22. The City of Capitola does not have an Incident Response Plan, which could exacerbate the effects of a cyber incident such as increase the time a network is unavailable or raise the potential financial costs of a resolution.

F23. Capitola does not participate in any cyber-focused information sharing groups, nor does it take advantage of state and federal resources designed to assist small cities with mitigating cyber attacks, thereby forfeiting opportunities to learn best practices and raise their cyber awareness.

Recommendations—City of Capitola
R19. By Fall 2023, Capitola should hire a full-time IT Director to replace the IT Director who departed in mid-2022. The IT Director should oversee and expand IT services, including those of the consulting company, and lead cybersecurity initiatives. (F19)
R20. The City should develop a more robust cybersecurity training and phishing testing program for all employees by Fall 2023 or earlier. (F20) R21. Capitola should establish and implement a Cybersecurity Plan by the end of 2023. Several resources exist to provide a foundation or templates for these plans including NIST Guidelines, CISA resources, and Cal-CSIC guidance. (F21) R22. By Fall 2023 Capitola should prepare an Incident Response Plan that provides detailed guidance for a city response to a cyber attack. (F22) R23. When appropriately resourced to monitor cyber threats, and by the end of 2023, Capitola should participate in regional cybersecurity information sharing groups, to gain valuable information to best protect the City. (F23) R24. By mid-2023, Capitola city management should raise the priority it assigns to cybersecurity and demonstrate a recognition of their role in ensuring the security of the City’s information networks.(F19–F23)
Commendations
C1. Santa Cruz County has built an excellent foundation for preparing for the possibility of cyber incidents. Its Information Services Department (ISD) has a very knowledgeable Director, is very well informed, and has taken steps to prioritize cybersecurity. The integration of ISD in all IT purchasing processes provides a sound check on the security of third-party software, and its cyber training appears well integrated for all county staff.

C2. The City of Santa Cruz has instituted a cyber awareness program that is strongly enforced. Its IT Advisory Team and standard security questions provide a security perspective for all third-party software purchases, thus minimizing supply chain threats.

Cyber Threat Preparedness published May 18, 2023 Page 15 of 24 72 Item 7 D.

C3. Watsonville has instituted commercial cyber security training for all employees and has recently begun to raise cyber risk awareness among city executives, highlighting that cyber security is a business problem for all departments and that promoting cyber education among government leaders is a critical element of effective cyber hygiene.

Required Responses
Respondent Findings Recommendations Respond Within/
Respond By
Santa Cruz County
Board of Supervisors F1–F3 R1–R3 90 DaysAugust 16, 2023 Santa Cruz
City Council F4–F9 R4–R9 90 DaysAugust 16, 2023
Watsonville
City Council F10–F14 R10–R14 90 DaysAugust 16, 2023
Scotts Valley
City Council F15–F18 R15–R18 90 DaysAugust 16, 2023
Capitola City Council F19–F23 R19–R24 90 Days
August 16, 2023
Definitions
Access:The ability and means to communicate with or otherwise interact with a system, to use system resources to handle information, to gain knowledge of the information the system contains, or to control system components and functions.

Adversary: An individual, group, organization, or government that conducts or has the intent to conduct detrimental activities.

Antivirus software: A program that monitors a computer or network to detect or identify major types of malicious code and to prevent or contain malware incidents.

Sometimes by removing or neutralizing the malicious code.

Attack: An attempt to gain unauthorized access to system services, resources, or information, or an attempt to compromise system integrity.

Attack surface: The set of ways in which an adversary can enter a system and potentially cause damage.

Continuity of operations plan: A document that sets forth procedures for the continued performance of core capabilities and critical operations during any disruption or potential disruption. Continuity of operations may be included in an Incident Response Plan.

Cyber Threat Preparedness published May 18, 2023 Page 16 of 24 73 Item 7 D.

Critical infrastructure: The systems and assets, whether physical or virtual, that are so vital to society that the incapacity or destruction of such may have a debilitating impact on the security, economy, public health or safety, environment, or any combination of these matters.

Cyber hygiene: The practices organizations and individuals perform regularly to maintain the health and security of users, devices, networks, and to ensure the safe handling of data.

Cybersecurity: The activity or process, ability or capability, or state whereby information and communications systems and the information contained therein are protected from and/or defended against damage, unauthorized use or modification, or exploitation.

Cybersecurity maturity: Cybersecurity maturity refers to an organization’s capabilities and degree of readiness to mitigate vulnerabilities and threats from cyber criminals.

The more ‘mature’ a company’s cybersecurity protocols and practices are, the better equipped it is at preventing threats before they become breaches.

Data breach: The unauthorized movement or disclosure of sensitive information to a party, usually outside the organization, that is not authorized to have or see the information.

Denial of service: An attack that prevents or impairs the authorized use of information system resources or services.

Disruption: An event which causes unplanned interruption in operations or functions for an unacceptable length of time.

Distributed denial of service (DDOS): A denial of service technique that uses numerous systems to perform the attack simultaneously.

Event: An observable occurrence in an information system or network; also known as an incident.

Exploit: A technique to breach the security of a network or information system in violation of security policy.

Hacker: An unauthorized user who attempts to or gains access to an information system.

Incident: An occurrence that actually or potentially results in adverse consequences to an information system or the information that the system processes, stores, or transmits and that may require a response action to mitigate the consequences.

Incident response: The activities that address the short-term, direct effects of an incident and may also support short-term recovery.

Incident response plan: A set of predetermined and documented procedures to detect and respond to a cyber incident.

Information or cyber security policy: An aggregate of directives, regulations, rules, and practices that prescribe how an organization manages, protects, and distributes information.

Information sharing: An exchange of data, information, and/or knowledge to manage risks or respond to incidents.

Cyber Threat Preparedness published May 18, 2023 Page 17 of 24 74 Item 7 D.

Information technology: Any equipment or interconnected system or subsystem of equipment that processes, transmits, receives, or interchanges data or information.

Malicious code: Program code intended to perform an unauthorized function or process that will have adverse impact on the confidentiality, integrity, or availability of an information system.

Malware: Software that compromises the operation of a system by performing an unauthorized function or process.

Mitigation: The application of one or more measures to reduce the likelihood of an unwanted occurrence and/or lessen its consequences.

Multi Factor Authentication (MFA): A form of authentication that requires a user to provide two or more verification factors to access a resource such as an online account.

Personally identifiable information (PII): The information that permits the identity of an individual to be directly or indirectly inferred.

Phishing: A digital form of social engineering to deceive individuals into providing sensitive information.

Preparedness: The activities to build, sustain, and improve readiness capabilities to prevent, protect against, respond to, and recover from natural or manmade incidents.

Ransomware as a Service (RaaS): A business model where cyber criminals pay to launch ransomware attacks using malware developed by other individuals.

Recovery: The activities after an incident or event to restore essential services and operations in the short and medium term and fully restore all capabilities in the longer term.

Remote Desktop Protocol (RDP): RDP is a technical standard for using a desktop computer remotely.

Resilience: The ability to adapt to changing conditions and prepare for, withstand, and rapidly recover from disruption.

Response: The activities that address the short-term, direct effects of an incident and may also support short-term recovery.

Risk: The potential for an unwanted or adverse outcome resulting from an incident, event, or occurrence, as determined by the likelihood that a particular threat will exploit a particular vulnerability, with the associated consequences.

Risk assessment: The product or process that collects information and assigns values to risks for the purpose of informing priorities, developing or comparing courses of action, and informing decision making.

Risk mitigation: A structured approach to managing risks to data and information by which an organization selects and applies appropriate security controls in compliance with policy and commensurate with the sensitivity and value of the data.

Cyber Threat Preparedness published May 18, 2023 Page 18 of 24 75 Item 7 D.

Security policy: A rule or set of rules that govern the acceptable use of an organization's information and services to a level of acceptable risk and the means for protecting the organization's information assets.

Supply chain: A system of organizations, people, activities, information and resources, for creating and moving products including product components and/or services from suppliers through to their customers.

Supply chain risk management: The process of identifying, analyzing, and assessing supply chain risk and accepting, avoiding, transferring or controlling it to an acceptable level considering associated costs and benefits of any actions taken.

Tactics, techniques, and procedures (TTP): The behavior of an actor. A tactic is the highest-level description of this behavior, while techniques give a more detailed description of behavior in the context of a tactic, and procedures an even lower-level, highly detailed description in the context of a technique.

Targets: The potential and selected subjects of cyber incidents.

Threat: A circumstance or event that has or indicates the potential to exploit vulnerabilities and to adversely impact organizational operations, organizational assets, individuals, other organizations, or society.

Threat analysis: The detailed evaluation of the characteristics of individual threats.

Identification and analysis of the capabilities and activities of cyber criminals or foreign intelligence entities.

Threat assessment: The product or process of identifying or evaluating entities, actions, or occurrences, whether natural or man-made, that have or indicate the potential to harm life, information, operations, and/or property.

Unauthorized access: Any access that violates the stated security policy.

Virtual Private Network (VPN): A virtual network built on top of existing networks that can provide a secure communications mechanism for data and IP information transmitted between networks.

Virus: A computer program that can replicate itself, infect a computer without permission or knowledge of the user, and then spread or propagate to another computer.

Vulnerability: A characteristic or specific weakness that renders an organization or asset (such as information or an information system) open to exploitation by a given threat or susceptible to a given hazard.

Sources
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https://www.justice.gov/usao-ndca/pr/former-mountain-view-resident-christopherdoyon-apprehended-mexico-and-returned-united

23. Picon, Andres. Mar. 10, 2022. “Christopher Doyon, Anonymous hacktivist known as "Commander X" to Plead Guilty to 2010 Santa Cruz Cyber Attack.” San Francisco Chronicle. Accessed April 24, 2023.
https://www.sfchronicle.com/bayarea/article/Anonymous-hacktivist-to-plead-guilty -to-16993702.php

24. Page, Carly. Dec. 9, 2022. “CommonSpirit Health Says Patient Data Stolen During Ransomware Attack.” techcrunch.com. Accessed 1/6/2023. https://techcrunch.com/2022/12/09/commonspirit-health-ransomware-attack-expo sed-patient-data/

25. GIbbs, Molly. Oct. 12,2022. “Hartnell College Confirms Ransomware Attack.” Monterey Daily Herald. Accessed 10/16/2022.
https://www.hartnell.edu/news/2022-news-releases/hc_press_release_111222.ht ml

26. Gooden, Dan. Oct. 3, 2022. “Big data trove dumped after La Unified School District says no to ransomware crooks.” arstechnica.com. Accessed 10/16/2022. https://arstechnica.com/information-technology/2022/10/ransomware-crooks-dum p-big-data-trove-stolen-from-la-school-district/

27. Liss, Samantha. Jan. 5, 2023. “Patient Sues CommonSpirit Over Ransomware Attack.” healthcaredive.com. Accessed 1/6/2023.
https://www.healthcaredive.com/news/patient-sues-commonspirit-ransomware-att ack-class-action/639710/

28. Blume, Howard. Sep. 21, 2022. “Los Angeles Unified School District Hackers Demand Ransom.” LA Times. Accessed 1/6/2023.
https://www.govtech.com/security/los-angeles-unified-school-district-hackers-de mand-ransom

29. Confidential Grand Jury interview.

30. Confidential Grand Jury document.

31. Confidential Grand Jury interview.

32. Confidential Grand Jury interview.

33. Confidential Grand Jury interview.

34. Confidential Grand Jury interview.

Cyber Threat Preparedness published May 18, 2023 Page 22 of 24 79 Item 7 D.

35. Hughes, Owen. Oct. 25, 2022. “Cybersecurity Teams are Reaching Their Breaking Point. We Should All Be Worried.” https://www.zdnet.com. Accessed Oct. 25, 2022.
https://www.zdnet.com/article/cybersecurity-teams-are-reaching-their-breaking-p oint-we-should-all-be-worried/

36. Confidential Grand Jury interview.

37. Confidential Grand Jury interview.

38. Confidential Grand Jury interview.

39. Confidential Grand Jury interview.

40. Confidential Grand Jury interview.

41. Confidential Grand Jury interview.

42. Confidential Grand Jury interview.

43. Avast Business Team. Feb. 7, 2020. “How do you manage cybersecurity as a one-person IT team?.” Avast Blog. Accessed 1/6/2023.
https://blog.avast.com/how-do-you-manage-cybersecurity-as-a-one-person-it-tea m#

44. Confidential Grand Jury interview.

45. Confidential Grand Jury interview.

46. Confidential Grand Jury interview.

47. Confidential Grand Jury interview.

48. Confidential Grand Jury interview.

49. Confidential Grand Jury interview.

50. Confidential Grand Jury interview.

51. Confidential Grand Jury interview.

52. Confidential Grand Jury interview.

53. Confidential Grand Jury interview.

54. Confidential Grand Jury interview.

55. Confidential Grand Jury document.

56. Confidential Grand Jury interview.

57. Confidential Grand Jury interview.

58. Confidential Grand Jury interview.

59. Confidential Grand Jury interview.

60. Confidential Grand Jury interview.

61. Confidential Grand Jury interview.

Cyber Threat Preparedness published May 18, 2023 Page 23 of 24 80 Item 7 D.

62. Confidential Grand Jury interview.

63. Confidential Grand Jury interview.

64. Confidential Grand Jury interview.

65. Confidential Grand Jury interview.

66. Confidential Grand Jury interview.

67. Confidential Grand Jury interview.

68. Confidential Grand Jury interview.

69. Confidential Grand Jury interview.

70. Confidential Grand Jury interview.

71. Confidential Grand Jury interview.

72. Confidential Grand Jury interview.

73. Rufus Coleman. June 23, 2021. “What local governments can do to build better cybersecurity.” americancityandcounty.com. Accessed Jan. 5, 2023. https://www.americancityandcounty.com/2021/06/23/what-local-governments-can -do-to-build-better-cybersecurity/

74. no author. no date. “How to Structure your Cybersecurity Program.” csbs.org.

Accessed Jan. 4, 2023.
https://www.csbs.org/cyber-structure

75. Krehel, Ondrej. Apr. 6. 2021. “How Small Towns and Municipalities Can Shore Up Cybersecurity Protocols.” cpomgazine.com. Accessed 1/12/2023. https://www.cpomagazine.com/cyber-security/how-small-towns-and-municipalitie s-can-shore-up-cybersecurity-protocols/

76. Newcombe, Tod. Oct/Nov 2017. “Small Towns Confront Big Cyber Risks.” govtech.com. Accessed 1/12/2023.
https://www.govtech.com/security/gt-octobernovember-2017-small-towns-confron t-big-cyber-risks.html

77. Rose, Ashley. Jan. 11, 2022. “Why Security Awareness Should Begin in the C-Suite.” DarkReading. Accessed Jan. 5, 2023.
https://www.darkreading.com/careers-and-people/why-security-awareness-trainin g-should-begin-in-the-c-suite

78. no author. no date. “Information Sharing and Analysis.” cisa.gov. Accessed Jan. 5, 2023.
https://www.cisa.gov/information-sharing-and-awareness

79. Ladin-Sienne, Sari. Oct. 19, 2016. “Six Ways Cities Can Make Cybersecurity a Top Priority.” Data Smart City Solutions, Harvard.edu. Accessed 1/12/2023. https://datasmart.ash.harvard.edu/news/article/5-ways-cities-can-make-cybersec urity-a-top-priority-best-practices-from-lea
Cyber Threat Preparedness published May 18, 2023 Page 24 of 24 81 Item 7 D.

NEWS RELEASE Santa Cruz County Civil Grand Jury
FOR IMMEDIATE RELEASE Media Contact: Terry Eastman, Foreperson May 18, 2023 (831) 454-2099 [email protected]
[email protected]
Cyber Threat Preparedness
Phishing and Passwords and Ransomware, Oh My!
SANTA CRUZ COUNTY – The Santa Cruz County Civil Grand Jury assessed our county and cities’ level of preparedness for a cyber attack. Cyber attacks targeting computer information systems, personal digital devices, or smartphones increase every year with the largest number of attacks typically hitting California. Cyber criminals target all types of businesses and all sizes of government agencies including small cities that often have limited resources to invest in cybersecurity. As Santa Cruz County continues its plans to expand broadband access and to provide efficient digital services to its residents, adherence to cybersecurity measures and best practices is critical.

The report is available at: https://www.co.santa-cruz.ca.us/Portals/0/County/GrandJury/ GJ2023_final/2023-3_Cyber_Report.pdf
For more information regarding the Santa Cruz County Civil Grand Jury, please visit our website at http://www.scgrandjury.org.
###
82 Item 7 D.

Cyber Threat Preparedness Published on May 18, 2023 Page 1 of 13 The 2022–2023 Santa Cruz County Civil Grand Jury
Requires the
Capitola City Council
to Respond by August 16, 2023
to the Findings and Recommendations listed below
which were assigned to them in the report titled
Cyber Threat Preparedness
Phishing and Passwords and Ransomware, Oh My!
Responses are required from elected officials, elected agency or department heads, and elected boards, councils, and committees which are investigated by the Grand Jury. You are required to respond and to make your response available to the public by the California Penal Code (PC) §933(c).

Your response will be considered compliant under PC §933.05 if it contains an appropriate comment on all findings and recommendations which were assigned to you in this report.

Please follow the instructions below when preparing your response. 83 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 2 of 13 Instructions for Respondents
Your assigned Findings and Recommendations are listed on the following pages with check boxes and an expandable space for summaries, timeframes, and explanations.

Please follow these instructions, which paraphrase PC §933.05:

1. For the Findings, mark one of the following responses with an “X” and provide the required additional information:
a. AGREE with the Finding, or
b. PARTIALLY DISAGREE with the Finding – specify the portion of the Finding that is disputed and include an explanation of the reasons why, or c. DISAGREE with the Finding – provide an explanation of the reasons why.

2. For the Recommendations, mark one of the following actions with an “X” and provide the required additional information:
a. HAS BEEN IMPLEMENTED – provide a summary of the action taken, or b. HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – provide a timeframe or expected date for completion, or c. REQUIRES FURTHER ANALYSIS – provide an explanation, scope, and parameters of an analysis to be completed within six months, or d. WILL NOT BE IMPLEMENTED – provide an explanation of why it is not warranted or not reasonable.

3. Please confirm the date on which you approved the assigned responses:

We approved these responses in a regular public meeting as shown in our minutes dated ________________.

4. When your responses are complete, please email your completed Response Packet as a PDF file attachment to both
The Honorable Judge Syda Cogliati [email protected] and The Santa Cruz County Grand Jury [email protected].

If you have questions about this response form, please contact the Grand Jury by calling 831-454-2099 or by sending an email to [email protected]. 84 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 3 of 13 Findings
F19. With one individual responsible for IT services, Capitola does not allocate sufficient resources to cybersecurity, a status that could lead to poor cyber knowledge and unnecessary vulnerabilities.
__ AGREE
__ PARTIALLY DISAGREE
_X_ DISAGREE
Response explanation (required for a response other than Agree):

The City of Capitola allocates sufficient resources to cybersecurity. The City employs an Information Systems Specialist in the City Manager Department and holds a contract with Exceedio for 24-hour technical support, analysis, and security. 85 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 4 of 13 F20. The City of Capitola does not have a robust cybersecurity training program, nor does it conduct phishing tests or routinely remind employees to adhere to cybersecurity measures during potential periods of increased threats. __ AGREE
X__ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

The City is currently working to address the need for robust employee cybersecurity training. At present, the following is in place:

1. Capitola Police Department mandates twice-annual security awareness training for their IT, Captain & Chief, Officers, and Records Staff, as well as Public Works staff, the Volunteers in Policing (VIPs), and cleaning staff.

2. All City employees are required to complete “Email and Messaging Safety” training on an annual basis.

The City is developing new additions to the training plan, such as:

1. The City’s Information Systems Specialist is developing regular phishing tests to be sent to all employees on a rolling basis, with further help and training available to those employees who ‘fail’ phishing tests.

2. The City’s Information Systems Specialist is implementing mandatory cyber security training as a part of New Employee Onboarding that must be completed prior to new employees’ gaining access to the City’s network, shared files, internet, and email.
86 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 5 of 13 F21. The City of Capitola does not have a Cybersecurity Plan to address cybersecurity measures city wide, suggesting the city is not adequately mitigating the potential impact of cyber incidents.
__ AGREE
__ PARTIALLY DISAGREE
_X_ DISAGREE
Response explanation (required for a response other than Agree):

Capitola Police Department has adopted Policy Section 806.11 regarding Information Technology and Cybersecurity.

The City has a functioning cybersecurity plan that addresses security concerns and outlines a response plan to a security breach. Staff is also working with the Santa Cruz County Cyber Security Consortium to draft a more comprehensive Cybersecurity Plan template that can be modified for each jurisdiction. 87 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 6 of 13 F22. The City of Capitola does not have an Incident Response Plan, which could exacerbate the effects of a cyber incident such as increase the time a network is unavailable or raise the potential financial costs of a resolution. __ AGREE
__ PARTIALLY DISAGREE
_X_ DISAGREE
Response explanation (required for a response other than Agree):

The City has a Cyber Attack Response plan in place. The plan is modified and updated annually by the Information Systems Specialist. 88 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 7 of 13 F23. Capitola does not participate in any cyber-focused information sharing groups, nor does it take advantage of state and federal resources designed to assist small cities with mitigating cyber attacks, thereby forfeiting opportunities to learn best practices and raise their cyber awareness. __ AGREE
__ PARTIALLY DISAGREE
_X_ DISAGREE
Response explanation (required for a response other than Agree):

The City’s Information Systems Specialist participates in:

1. Cyber threat meetings sponsored by Alverez Technology Group

2. NCRIS.ca.gov Regional Information Center meetings regarding cyber threats

3. MISAC.org

4. Santa Cruz County Cyber Security Consortium
89 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 8 of 13 Recommendations
R19. By Fall 2023, Capitola should hire a full-time IT Director to replace the IT Director who departed in mid-2022. The IT Director should oversee and expand IT services, including those of the consulting company, and lead cybersecurity initiatives. (F19)
__ HAS BEEN IMPLEMENTED – summarize what has been done
__
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
_X_ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City has never employed an IT Director and does not intend to create/fill such a position.
90 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 9 of 13 R20. The City should develop a more robust cybersecurity training and phishing testing program for all employees by Fall 2023 or earlier. (F20) X__ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City is currently working to address the need for robust employee cybersecurity training:

1. Capitola Police Department mandates twice-annual security awareness training for their IT, Captain & Chief, Officers, Records Staff, as well as Public Works staff, the Volunteers in Policing (VIPs), and cleaning staff.

2. All employees are required to complete “Email and Messaging Safety” training on an annual basis.

3. The City’s Information Systems Specialist is developing regular phishing tests to be sent to all employees on a rolling basis, with further help and training available to those employees who ‘fail’ phishing tests.

4. The City’s Information Systems Specialist is considering including mandatory cyber security training to New Employee Onboarding that must be completed prior to new employees’ gaining access to the City’s network, shared files, internet, and email. 91 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 10 of 13 R21. Capitola should establish and implement a Cybersecurity Plan by the end of 2023. Several resources exist to provide a foundation or templates for these plans including NIST Guidelines, CISA resources, and Cal-CSIC guidance. (F21)
__ HAS BEEN IMPLEMENTED – summarize what has been done
_X_
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City of Capitola is working with regional entities as a member of the newly formed Santa Cruz County Cyber Security Consortium. One of the group’s main goals is to develop a Cyber Security Plan that can be modified for each individual organization. 92 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 11 of 13 R22. By Fall 2023 Capitola should prepare an Incident Response Plan that provides detailed guidance for a city response to a cyber attack. (F22) __ HAS BEEN IMPLEMENTED – summarize what has been done
_X_
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City of Capitola is working with the regional entities as a member of the newly formed Santa Cruz County Cyber Security Consortium. One of the group’s main goals is to develop a Cyber Security Plan, including an Incident Response Plan, that can be modified for each individual organization.
93 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 12 of 13 R23. When appropriately resourced to monitor cyber threats, and by the end of 2023, Capitola should participate in regional cybersecurity information sharing groups, to gain valuable information to best protect the City. (F23) _X_ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City’s Information Systems Specialist currently participates in the regional cybersecurity information-sharing groups listed below and will continue to do so.

1. Santa Cruz County Cyber Security Consortium

2. Cyber threat meetings sponsored by Alverez Technology Group

3. NCRIS.ca.gov Regional Information Center

4. MISAC.org
94 Item 7 D.

Required Response from the Capitola City Council
Cyber Threat Preparedness Due by August 16 2023 Page 13 of 13 R24. By mid-2023, Capitola city management should raise the priority it assigns to cybersecurity and demonstrate a recognition of their role in ensuring the security of the City’s information networks.(F19–F23)
_X_ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City Manager Department has increased prioritizing Information Technology and cybersecurity by:
1) Budgeting $250,000 towards information technology and cyber security 2) Joining the Santa Cruz County Cyber Security Consortium 3) Increasing employee training, for example with an annual Email and Messaging Safety training and more in-depth Anti-phishing training 4) Drafting a more comprehensive Cybersecurity Plan template with the assistance of the SCC Cyber Security Consortium
95 Item 7 D.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Community Development
Subject: Grand Jury Response – Housing our Workers
Recommended Action: Approve the responses to the Grand Jury Report and direct the City Clerk to submit the completed response packet pursuant to California Penal Code Section 933.05.

Background: On June 2, 2023, the Santa Cruz County Civil Grand Jury released a report titled Housing Our Workers: Essential Workers Need Affordable Housing. Capitola staff reviewed the findings and recommendations of the report and prepared the attached response.

Discussion: The Grand Jury completed its investigation and posted its 13 findings and 20 recommendations on June 2, 2023. The report includes findings and recommendations to the County of Santa Cruz and the four cities in the County. A copy of the report (Attachment 1) is available on the City’s website. City staff has drafted responses to the Grand Jury findings and recommendations (Attachment 2).

Fiscal Impact: None
Attachments:

1. Grand Jury Report – Housing our Workers

2. Capitola Response to Housing Report
Report Prepared By: Report Prepared By: Katie Herlihy
Reviewed By: Julia Moss, City Clerk; Tamar Burke, Assistant City Attorney Approved By: Jamie Goldstein, City Manager
96 Item 7 E.

Housing Our Workers
Essential Workers Need Affordable Housing!
Summary
The cost of housing has risen dramatically, especially in the past five years, not just in Santa Cruz County but all over the state of California. There were some clear issues, the 2008 recession, the COVID crisis, the rise of Airbnb, but the biggest reason is that municipalities stopped building new housing. The numbers of unhoused people increased, and employers found it harder and harder to find and keep employees. The reason that prospective employees most often gave for not coming to work here was the scarcity and cost of housing. Over the past several years, California has enacted several laws to encourage, and even require, all municipalities to build more housing, especially more affordable housing for essential workers..

The four cities, Capitola, Santa Cruz, Scotts Valley and Watsonville, as well as the County of Santa Cruz, have all begun identifying suitable properties and have begun making zoning changes to build more housing.The five municipalities (the county and the four cities) are at various stages in this process and now face even higher affordable housing goals in the Sixth Cycle Housing Element, which is due to the State at the end of December.

The Santa Cruz County Civil Grand Jury’s overall findings and recommendations encompass the following:
● How well each of the five municipalities have met current housing goals ● How well the public understands the need for more workforce housing ● How well each municipality is positioned to meet future housing goals ● How each municipality can use housing laws, grants and partnerships to make housing more affordable
Housing Our Workers published June 2, 2023 Page 1 of 38 97 Item 7 E.

Table of Contents
Background 3
Scope and Methodology 6
Investigation 7
Examination and Summary of New California Housing Laws 7 Housing Elements, AMI and RHNA … What Does That Mean? 8 City of Capitola 9
City of Watsonville 9
City of Scotts Valley 10
City of Santa Cruz 10
Unincorporated areas of Santa Cruz County 10
How is Santa Cruz County Reacting to the New Laws? 11
Housing Laws: Opposition and Support 15
NIMBY and CEQA in Santa Cruz 15
California Cities Ignore RHNA Allocations at Their Own Peril 15 Support for Housing Laws and YIMBY in Santa Cruz 15
Conclusion 17
Findings 18
Recommendations 19
City of Capitola: 19
City of Scotts Valley: 19
County of Santa Cruz: 20
City of Santa Cruz 20
City of Watsonville: 21
Commendations 21
Required Responses 22
Invited Responses 22
Definitions 22
Sources 25
References 25
Additional Resources Not Cited in the Report 32
Appendix A – Progress on 5th Housing Cycle 34
Appendix B – Summary of State Housing Laws 37
Housing Our Workers published June 2, 2023 Page 2 of 38 98 Item 7 E.

Background
Over the past few years we have heard a lot about essential workers, those who keep our community running. We depend on these workers to educate our children, take care of our medical and dental needs, keep our communities safe, maintain our food supply, provide public transportation, and keep our streets clean. These workers are being squeezed out of the housing and rental markets in Santa Cruz County. Almost daily there are news reports of teacher and bus driver shortages, police departments that can’t find enough qualified officers, stores and restaurants that have to reduce hours because they can’t find enough workers.

The Santa Cruz area was recently designated the second most expensive place to live in the country with the average home price of $1.5 million and the average rent for an apartment at over $3,000/month.[1] [2] Watsonville is somewhat less expensive at an $800,000 average price for a home and an average rent of $2,000.[1] [2] These prices are beyond the reach of many of our essential middle income workers. In order to buy the average home in the Santa Cruz area, a worker with $50,000 down payment would have to make $400,000/year and the monthly payments would be $8,830/month.[2]In Watsonville, a worker would need to make $200,000/year to afford to buy the average house with monthly payments of $4,345.[2]
Although salaries have gone up in many areas, the average annual teacher salary is only about $70,000.[3] The average full time firefighter makes less than $60,000 and a school custodian makes about $50,000.[3] The average registered nurse makes $100,000.[4] According to the Transparent California website, the average Santa Cruz Metro driver makes about $68,000 in salary and another $60,000 in overtime, still not enough to buy the average house in Watsonville! In a recent survey from the California Association of Realtors, just one in five residents in the Bay Area can afford to buy a home at current prices.[5]
While our communities have programs to help low income residents, (individuals who make less than $35,000/year), there is little to help essential middle income workers who can’t afford the rent or housing prices, yet have jobs in our community.

The report calculates a “housing wage” for Santa Cruz County of $60.35 an hour…. At $3,138 per month for a two-bedroom rental, tenants would need to work four full-time minimum-wage jobs, at $15 an hour, to afford rent….[6] [7]
Figure 1 below shows that in Santa Cruz County many workers are spending nearly 50% of their income on mortgage.

Housing Our Workers published June 2, 2023 Page 3 of 38 99 Item 7 E.

Figure 1. Percentage of income spent on mortgage.
[8]
Many local employers are reporting difficulty attracting and keeping workers.[9] Cabrillo College reports that 11% of workers commute from outside Santa Cruz County [10], and Pajaro Valley Unified School District reports that over the last two and a half years,

9.24% of those resigning from the district left to move out of state and 11.65% of those resigning left to accept jobs with better salary and housing options outside of the County.
[11] Salary schedules from the City of Santa Cruz show that neither police officers nor firefighters make a salary high enough to comfortably afford housing in this County.
[12] [13]
Figure 2. Where people work in Santa Cruz County.
[14]
Housing Our Workers published June 2, 2023 Page 4 of 38 100
Item 7 E.

As Figure 2 above shows, much of our workforce is commuting from south county to jobs primarily located in the central part of the county. Many essential workers make less than the Santa Cruz County housing wage of $60.35/hour. No wonder Hwy 1 is clogged with traffic driving to and from Watsonville and points south and east of here where it is cheaper to live.[15] [16]
The cost of housing in coastal California has outpaced increases in wages and salaries over the same period of time while the supply of affordable housing has decreased relative to the increasing population. According to the Santa Cruz County Planning Department:

The difficulty is not just the cost of housing, but specifically the cost of housing in relationship to local incomes.[17]
How did we get in this predicament? There are many reasons for the lack of housing overall in Santa Cruz County. The 2022 state publication, “A Home for Every Californian”[18]lists several reasons:
● High costs of land, materials and labor
● Insufficient land zoned and available for housing
● Financial support constraints
● Opposition to neighborhood change
● Numerous, varied and opaque regulatory hurdles
● Social pressure to limit population growth
● Lack of federal support and expiring subsidies for affordable homes In addition, after the growth following the construction of the University of California at Santa Cruz (UCSC) and the fight over preserving the north coast and Lighthouse Field, a no-growth mentality was pervasive in Santa Cruz County. [19] We just stopped building
enough houses. Figure 3 below shows construction of housing peaked in the 1970s and then fell sharply in the next three decades.

Figure 3. Housing construction in Santa Cruz County by decade built. [20]
Housing Our Workers published June 2, 2023 Page 5 of 38 101
Item 7 E.

The population of UCSC and Santa Cruz County in general continued to grow despite the slow pace of housing construction. The cost of housing continued to rise making it difficult first for low income workers and, eventually, for middle income workers to afford to live in Santa Cruz County municipalities.[8]
What can be done to address housing availability and cost in Santa Cruz County municipalities?
Scope and Methodology
In this investigation the Santa Cruz County Civil Grand Jury examined key elements in providing affordable housing for middle class workers in Santa Cruz County, those that earn more than $35,000/year but less than $100,000/year. It focused on answering the following questions:
● What affordable housing options are available in Santa Cruz County to support middle class workers?
● Are employers offering housing support to their employees? ● What can local city and county planning departments do to provide more housing for these workers.?
● What changes are needed in the planning and permit process to make it easier to build more workforce housing in our cities and unincorporated areas? ● How can local jurisdictions leverage recent State of California bills and initiatives to encourage more housing here?
● How can local agencies work together to help support housing for local workers? ● What changes are needed to plan for the future housing needs of our workforce? ● What is UCSC doing to help house its students, faculty and staff? During this investigation the Jury interviewed county planners from each of the four cities, Capitola, Santa Cruz, Scotts Valley and Watsonville, and the County of Santa Cruz. It also interviewed community members who were housing advocates as well as those who were housing skeptics. It collected information from Civil Grand Jury investigations in Santa Clara County, Marin County and Santa Barbara County. It asked some employers for information regarding employee hiring and retention. It examined the new state housing laws and the 2015 Housing Elements for each of the 5 municipalities in the county. Members attended municipal planning meetings and community meetings regarding proposed housing developments and read numerous articles regarding housing from a variety of local news sources.

Housing Our Workers published June 2, 2023 Page 6 of 38 102
Item 7 E.

Investigation
Examination and Summary of New California Housing Laws
The Santa Cruz County Civil Grand Jury began its investigation by examining the new California housing laws that have been passed during the last few years in an effort to galvanize cities and counties into building more housing. California passed a series of laws to boost housing production beginning in 2017 in an effort to:
● Streamline the building of new homes
● Break down barriers to build more affordable housing
● Address systematic bias by elevating fair housing principles ● Hold governments more accountable to approve housing construction The more well-known laws include:
● Senate Bill 9 (SB9) signed in 2022 which allows ministerial approval to convert homes into duplexes and split lots to allow up to 4 units on a lot. ● SB10 which allows “up to 10 dwelling units on any parcel within a transit-rich area or an urban infill site.”
● SB290 which ‘grants bonuses, concessions, waivers and parking reductions to projects with qualifying affordable housing.”[21] Usually market rate allows for only 20% affordable units. A builder can qualify for more than 20% affordable units (density bonus) by meeting some of the criteria for SB290. ● Nonprofit Housing Organizations can qualify for increased density bonuses when purchasing a property under SB728.[21]
● Other laws that make it easier to construct Accessory Dwelling Units (ADUs).

The laws that much of the public has already heard about are the laws that permit zoning changes to allow up to 10 units per residential lot (SB10) and the laws that permit cities to ease the process for building ADUs.[22] The streamlined process for building ADUs has been popular, and many cities, particularly Capitola with less buildable land, have encouraged the construction of ADUs.[23] The City has even provided building code approved plans for construction.[24] While the Capitola guidelines state that ADUs cannot be used as vacation rentals, it is unknown whether or not those guidelines are enforced.[24]
One of the most important laws that was passed was SB330 in 2019, later extended by SB8, that limits the ability of local municipalities to prolong the housing application process through repeated hearings and shifting requirements. Many people may have seen the term “objective standards.” SB35 passed in 2017 and clarified by AB1174 in 2021, allows for streamlined approval of a housing project that meets a set of objective standards for zoning, subdivision and design review.
[21]
See Appendix B for more detailed information about relevant Housing Laws Housing Our Workers published June 2, 2023 Page 7 of 38 103
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Housing Elements, AMI and RHNA … What Does That Mean?
Not only have there been dozens of new state laws designed to increase housing production, but California has also required that every municipality (cities and counties) meet specific housing goals.[25] Every eight years since 1969, California has required cities and counties to submit detailed Housing Element plans that show how they would accommodate the building of a number of homes across a range of affordability levels.

For years, most communities, including many of those in Santa Cruz County have paid very little attention to the Housing Element.[26] [27]
That all changed with the passage of the new housing laws. Beginning with the 2015-2022 Housing Element, municipalities were required to build a specific amount of housing for each income level calculated as a percentage of the Area Median Income (AMI). Figure 4 below shows the calculated income level for each category in Santa Cruz County.

Figure 4. Calculated income category levels for 2021 in Santa Cruz County. [28]
Based upon this chart from 2021, a family of four would be considered moderate income if they earned $134,300/year, median income if they earned $111,900/year, low income if they earned $111,500/year, very low income if they earned $69,500/year and extremely low income if they earned $41,700/year.

The Regional Housing Needs Assessment (RHNA) is determined by the California Department of Housing and Community Development (HCD) for each major metropolitan area based upon the AMI for the area and the projections for population growth and additional housing that would be needed over each 8 year period. Santa Housing Our Workers published June 2, 2023 Page 8 of 38 104
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Cruz County is part of the Association of Monterey Bay Area Governments (AMBAG).

Our area is in the final year of the 5th Housing Element Cycle, and area municipalities are beginning to work on the 6th Housing Element Cycle due December 31, 2023.

So…how are we doing? The Jury’s interviews with the different planning directors and housing advocates in our community show some clear signs of progress, and a lot of room for improvement. In the 5th Housing Element Cycle, AMBAG cities in Santa Cruz and Monterey Counties were expected to permit roughly 10,430 housing units from January 2014 to December 2023. The snapshot from September 3, 2021 below shows the progress of Santa Cruz, Watsonville, unincorporated Santa Cruz County, Capitola and Scotts Valley towards that goal.[29]
See Appendix A for more information on 5th Housing Cycle progress As of last year, only the City of Santa Cruz[30]is on track to meet the RHNA goals for housing during the 5th Housing Element Cycle, and the City of Watsonville[31] will come close.[32] [33] Scotts Valley and Capitola made almost no attempt to build housing for low income or extremely low income workers. Santa Cruz County has approved zoning changes to support construction of mixed use projects along Portola Drive.[34] Last spring, the state of California set the housing goals for each region. AMBAG, our region, set the 6th Housing Element construction goals for each local municipality.

Those goals have quadrupled from the previous 5th Cycle goals, which most municipalities did not meet as of May, 2022.[35]
The draft goals for housing development from Dec. 31, 2023 to Dec. 15, 2031 are outlined below by jurisdiction followed by their progress towards the 5th Element goals as reported in May, 2022.[35]
City of Capitola
● 1,336 new homes are targeted to be built by 2031. More than half of the new homes would be required to be affordable for people with “low” or “very low” incomes. Income limits are set by the state. The new housing construction goal is more than nine times Capitola’s current goal.
● The current goalーwhich the City has not met--calls for Capitola to permit 143 new homes between Dec. 31, 2015 and Dec. 31, 2023. The City has permitted 53 homes in that period. Planners have issued one of 34 required permits for “very low income” units and zero of 23 required permits for “low income” units.

City of Watsonville
● 2,053 new homes are targeted by the end of 2031, including 469 affordable units for people with “low” or “very low” incomes. That’s nearly three times Watsonville’s current goal, which the City has not met. ● Since Dec. 31, 2015, Watsonville has issued 302 of 700 permits required by the end of 2023. To meet the current goal, the City must permit 148 “very low income” units, 100 “low income” units, 113 “moderate income” units and 37 market-rate units by the end of 2023.

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City of Scotts Valley
● 1,220 new homes are targeted by the end of 2031, including 649 affordable homes for people with “low” or “very low” incomes. That goal is nearly nine times Scotts Valley’s current goal, which the City has not met. Since Dec. 31, 2015, Scotts Valley has issued 18 of 82 permits for “moderate,” “low” and “very low income” units required by the end of 2023. The City has exceeded the state’s goal for market-rate unit development.

City of Santa Cruz
● 3,736 new homes are targeted by 2031, including about 1,400 affordable homes for people with “low” or “very low” incomes. That goal is five times Santa Cruz’s current goal.
● The City must still permit 123 of 180 required permits for “very low income” affordable units by Dec. 31, 2023 to meet its current RHNA goals. Santa Cruz has exceeded state development goals for market-rate and affordable units for other income categories.

Unincorporated areas of Santa Cruz County
● 4,634 new homes are targeted by 2031, including 1,492 affordable units for people with “very low” incomes. unincorporated Santa Cruz County includes the San Lorenzo Valley, the North Coast, Live Oak, Aptos, La Selva Beach, Freedom and other areas. That goal is about three times the area’s current goal, which has not been met.
● The County of Santa Cruz must issue 335 permits for “very low” and “low income” units and 267 permits for market-rate units by the end of 2023 to meet the state’s goal.

The Santa Cruz County Civil Grand Jury’s research has found that all Santa Cruz County municipalities are aware of the new state housing laws as well as the new RHNA housing allocations, although there is some disagreement about feasibility. It found much agreement with the need to construct more housing as well as the desire to do so within the existing urban areas rather than expanding into existing green spaces.

Urban areas are closer to jobs and transportation hubs and less costly to maintain roads and utilities compared to areas like the Santa Cruz Mountains.[27] Most county municipalities have already identified properties along transportation and urban corridors and made the necessary zoning and building code changes to build more housing. Figure 5 below is hard to read, but it shows the areas in pink that the County of Santa Cruz has designated for more housing. Note that the County is only proposing housing (pink areas) in the center of the County, the area where many jobs are located.

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Figure 5. Santa Cruz County Focused Growth Areas 2020 – 2040. [36]
How is Santa Cruz County Reacting to the New Laws?
Nearly 8 years have passed since our local municipalities submitted their 5th Housing Element Cycles, and as we approach the submission of the 6th Housing Element Cycle, housing costs continue to rise steeply, pricing even more middle income workers out of the housing market.

School districts are actively looking for ways to house workers. By using district owned land, districts can reduce the cost of rent for their teachers and classified workers. Los Gatos Union School district has recently completed a housing complex.[37] Live Oak School District has proposed construction of teacher housing,[38] and the Santa Cruz City School District has successfully passed a bond measure to construct housing on one of its properties.[39] Figure 6 below is an artist’s rendering of what the Santa Cruz City Schools housing might look like.

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Figure 6. Renderings of 80 units of workforce housing for Santa Cruz City Schools, located on a parcel of land owned by the district off of Swift Street on the Westside, near the old Natural Bridges Elementary School campus. (via Santa Cruz City Schools
[39]
)
Pajaro Valley Unified School District is looking at a similar bond measure in south county to finance employee housing.[11] Peace United Church on the westside of Santa Cruz is proposing a 40 unit housing project on their land.[40] County municipalities are responding as well:
● Santa Cruz County has rezoned part of Portola Drive near 41st Avenue for mixed use housing that combines ground floor businesses with apartments above. ● There is more housing construction in Aptos Village.[36] ● Watsonville has continued to build housing in recent years, pursuing joint housing projects with the county planners and non-profits. The City has a rehabilitation program for existing houses.[32]
● Capitola has eased requirements for ADUs.[41]
● Scotts Valley just approved a mixed use housing development.[42] ● The City of Santa Cruz has taken a lead in housing production within the City’s urban core, beginning the construction of multi-story apartment complexes.[43] ● Santa Cruz City has passed a measure to construct a mixed use project that includes a new library, low income housing, a day care center and parking.[44] Housing Our Workers published June 2, 2023 Page 12 of 38 108
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Figure 7. City of Capitola showing areas identified as buildable parcels. [45]
Capitola claims to be mostly built out, although it has identified some areas in which to build housing, as shown in Figure 7 above. The small City has chosen instead to focus on ADUs as additional housing.[41] Capitola has not added low income housing.[29] Scotts Valley has also added very little low income housing. A proposed rule by the U.S.

Department of Housing and Urban Development (HUD) called Affirmatively Furthering Fair Housing (AFFH)[46] may make it mandatory under the Fair Housing Act of 1968[47]to “proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities free from discrimination.”[46] Scotts Valley and Capitola need to do their part to add more low income housing in our County.

The areas that the City of Santa Cruz has designated for multi-use zoning, including multi-story housing, are shown in.Figure 8 below. The letters, colors and legend indicate the location and size of each identified parcel. There is a redesign of the bus station in the works that includes multi story housing, and a possible collaboration with the Santa Cruz Warriors to construct a permanent arena and housing in the south end of the urban area.[48] [49]
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Figure 8. Areas that the City of Santa Cruz has designated for multi-use zoning, including multi-story housing.
[49]
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Housing Laws: Opposition and Support
NIMBY and CEQA in Santa Cruz
Santa Cruz has had a no-growth mindset for over 40 years.[19] That mindset, “Not in My Back Yard,” often referred to as NIMBY, still exists, and it is hard for members of the community to envision housing as anything other than neighborhoods of single family homes. Many homeowners rely on rising property values to build wealth, and resist new developments which might impact them. Changing zoning to allow duplexes and apartments within a single family home neighborhood is a rude awakening, but so is the construction of high rise apartments in downtown Santa Cruz. Removing existing buildings will displace tenants for years while new housing is built.[50] Citizens and local organizations in Santa Cruz have tried to use elements of the California Environmental Quality Act (CEQA) to fight housing developments. The most recent example is a lawsuit filed against UCSC by a group called Habitat and Watershed Caretakers to try to stop the construction of additional student housing on campus. A judge recently ruled in favor of the university, but the lawsuits have held up the construction approval process for two years.[51] [52]
California Cities Ignore RHNA Allocations at Their Own Peril For California communities that have ignored the need to build more housing for years, the newest RHNA allocations have come as a shock. Some have ignored the mandate or continued to place roadblocks in the way of builders. ● The town of Woodside tried to have their entire town designated as a mountain lion habitat to avoid building duplexes (SB9) prompting a swift response from California Attorney General Rob Bonta.[53]
● The City of Orinda tried to designate unbuildable slivers of land as the sites for affordable housing.[54]
● Santa Monica, which approved the construction of only 1,600 homes in the last eight years, is the first City to be subjected to “builders remedy” based on a 1990 law called the Housing Accountabilities Act (HAA).

Santa Monica failed to adopt a Housing Element and under the HAA residential zoning was suspended, freeing builders to design any housing project they wanted without needing City approval. Within one week developers officially filed plans for 4,797 homes.[55] The same thing could happen in Palo Alto.[56] Several Bay Area cities did not file their 6th Housing Element Cycles and RHNA allocation plans by the January 31, 2023 deadline,[57] and three pro-housing groups have already filed lawsuits against eleven cities for failing to take significant steps to prepare for more housing.[58] Support for Housing Laws and YIMBY in Santa Cruz
There is no question that the new RHNA housing allocations for the 6th Housing Element Cycle are daunting. As Figure 9 below shows, the amount of housing that Santa Cruz municipalities will need to construct in the next 6-7 years is much higher than in the previous cycle.

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Figure 9. Number of housing units for each income group needed to be built by each Santa Cruz municipality, extracted from the tables in the AMBAG RHNA Plan. [59]
It is especially difficult to construct Low Income and Extremely Low Income housing in this community due to the price of land and cost of construction. Builders claim that It is not financially profitable to include more than 20% affordable units in normal market-rate construction[60], and the majority of middle class workers cannot afford market rate housing. The housing market is actually upside down…only about 20% of the population can afford market rate housing, and 80% of the population needs more affordable units.[2] All cities and the County of Santa Cruz need to find ways to increase the number of affordable housing units in new construction.

The University of California at Santa Cruz (UCSC) is a large contributor to the need for more affordable housing.[61] The university is already a large contributor to the scarcity and cost of housing, as it only houses about 9,300 students or 50% of the student population, and the campus is expected to grow to a total of 28,000 students in coming years.[62] The local preference guidelines considered by many Santa Cruz County cities, would also benefit UCSC students who would be competing with the local workforce for less expensive housing. Cabrillo College and UCSC have embarked on their first ever collaboration to construct student housing on the Cabrillo campus.[63] They are applying jointly for a California grant to cover the cost.[64] [65] More collaborations between the university and local agencies would be beneficial in constructing housing that will benefit all.

The cities of Santa Cruz and Watsonville have taken steps to build higher density, more affordable housing in their downtown areas.[66] Pro-housing groups such as Housing Santa Cruz County, and Yes In My Backyard (YIMBY) have organized in Santa Cruz County municipalities to advocate and provide more vocal support for affordable housing[67]. Opposition to housing growth still exists, but reactions to housing proposals are more constructive.[68] Public comments to projects show an understanding of the need for more housing, especially low income housing, in our community. [69] [70] There is
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somewhat daunted by multi-story buildings above 4 stories, there is acknowledgement that urban downtown areas are a better place to build than expanding into the coastal zone, hillsides or green spaces.[27] [71]including the Santa Cruz mountains. Santa Cruz municipalities recognized this during the 5th Housing Element as their maps show, making zoning changes and identifying housing sites only in the urban areas.[29] [36] [49] [72] Figure 10. BDE Architecture’s revised rendering of the proposed five-story 351-unit housing complex on the 900 block of Ocean Street.
[73]
As Figure 10 shows, the proposed 351-unit apartment building for the 900 block of Ocean Street is large and multi-story. It is also a good illustration of the public perception and concerns about the size of housing needed to meet the demand in Santa Cruz. It is huge, beginning next to Marianne’s Ice Cream and continuing all the way to Togo’s. Public comments at a recent meeting included concerns about the height and size, a desire for the architecture to fit into the small town look of Santa Cruz and relief that a much nicer looking building would replace the vacant lots and dilapidated houses that make up that block.[74] The public offered constructive criticism instead of automatic opposition. More multi-unit projects are moving through the planning process in Santa Cruz.

Conclusion
There is no doubt that the small, charming coastal City of Santa Cruz and the surrounding county municipalities are going to have to change. We can no longer ignore the fact that our highways and city streets have become gridlocked; rents and housing prices are beyond the reach of most; and many businesses are unable to find and keep the employees that they need. School enrollment is dropping as families move away to Housing Our Workers published June 2, 2023 Page 17 of 38 113
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find more affordable places to live, and businesses are moving to other locations.

Perhaps the state laws and high housing goals are unattainable, but living in an area that only the wealthiest can afford is untenable without access to the businesses and services that all communities expect. It is too early to tell if it is possible to build all of the housing that the state demands, but it is undeniable that more housing, especially more affordable housing, needs to be built for the essential workers in Santa Cruz County. If that affordable housing is built near jobs and along transportation corridors, it will also alleviate traffic gridlock.

Findings
F1. While all city and county planning departments have demonstrated a good understanding of the new State housing laws and the need to facilitate more housing, the failure to do so in a timely manner has served to further decrease the availability of housing and further increase the need and cost of more housing.

F2. With the planned growth of UCSC to 28,000 students, the potential demand for off campus housing for students, faculty and staff has the potential to make the affordable housing problem even worse.

F3. The County of Santa Cruz has identified several sites for higher density housing, identified sites along transportation corridors for housing and changed zoning laws to allow more mixed use developments, however in the past several years, few low income homes have been built or approved.

F4. Capitola has made little progress towards achieving housing goals, particularly for low income housing. Although the City identified sites for mixed use developments, they have made little progress towards developing those sites.

F5. Capitola has focused primarily on streamlining the construction of ADUs as a means to increase housing. However, there is little evidence that ADUs are prioritized for rental to local workers, and there is little chance that ADUs alone can meet the housing needs for the 6th Cycle Housing Element.

F6. Capitola and the County of Santa Cruz need to work together to facilitate significant housing in the mid-county area where a large percentage of jobs are located.

F7. The City of Capitola has made little progress towards facilitating the development of the Capitola Mall as a mixed use project which could accommodate both business and housing.

F8. The City of Capitola claims to have significantly fewer resources to attract housing planners and builders than do the bigger municipalities of Santa Cruz, Watsonville and the County of Santa Cruz, but that does not mean the City should be exempt from the need to construct housing for local low income workers.

F9. The City of Scotts Valley has facilitated the building of market rate housing in recent years, but has made little effort to develop housing for low income workers.

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F10. The City of Scotts Valley has made little progress towards developing the Town Square project which could accommodate both business and housing.

F11. The City of Scotts Valley claims to have significantly fewer resources to attract housing planners and builders than do the bigger municipalities of Santa Cruz, Watsonville and the County of Santa Cruz, but that does not mean the City should be exempt from the need to construct housing for local low income workers.

F12. While all local municipalities have voiced support for prioritizing housing for local workers, only some of them have clear local preference guidelines that give some priority to local workers. Without clear guidelines and incentives, new housing is more likely to be purchased by those who do not live and work here.

F13. All municipalities are trying to identify and facilitate the building of housing projects, but most of that is done independently of the other municipalities or with outside partners. Since workforce housing and transportation gridlock is a county-wide problem, all county municipalities need to work more closely together and with property owners to develop housing solutions.

Recommendations
City of Capitola:

R1. By the end of 2023 the City of Capitola should identify enough parcels of land, zoned appropriately, to meet the new RHNA housing allocations for all income levels, especially low income housing. (F4 – F6, F8)
R2. By the end of 2023 the City of Capitola should show significant progress towards planning and facilitating the construction of mixed use businesses and housing on identified parcels of land in the City. (F4, F6 – F8) R3. By the end of 2023, the City of Capitola should demonstrate a plan to work with the County of Santa Cruz as well as other for profit and non-profit agencies to develop housing close to transportation corridors along Hwy 1 and 41st Avenue. (F6, F7, F13)
R4. By the end of 2023 the City of Capitola should develop clear, measureable guidelines to ensure that local preference is given to local workers in the construction of ADUs as well as low income housing. (F12) R5. By the end of 2023 the City of Capitola should demonstrate that they have reestablished regular meetings of a workgroup or entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13)
City of Scotts Valley:

R6. By the end of 2023 the City of Scotts Valley should identify enough parcels of land, zoned appropriately, to meet the new RHNA housing allocations for all income levels, especially low income housing. (F9)
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R7. By the end of 2023, the City of Scotts Valley should show significant progress towards planning and facilitating the construction of mixed use businesses and housing on identified parcels of land in the City. (F10) R8. By the end of 2023, the City of Scotts Valley should demonstrate a plan to work with other county municipalities as well as other for profit and non-profit agencies to develop low income housing for workers in the City. (F9 – F11) R9. By the end of 2023 the City of Scotts Valley should develop clear, measureable guidelines to ensure that local preference is given to local workers in the construction of low income housing. (F12)
R10. By the end of 2023 the City of Scotts Valley should demonstrate that they have reestablished regular meetings of a workgroup or other entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13)
County of Santa Cruz:

R11. By the end of 2023 the County of Santa Cruz should demonstrate progress towards identifying sites and planning for increased housing along the transportation corridors in mid-county. (F6)
R12. By the end of 2023 the County of Santa Cruz should develop clear, measureable guidelines to ensure that local preference is given to local workers in the construction of low income housing. (F12)
R13. By the end of 2023, the County of Santa Cruz should demonstrate a plan to work with other county municipalities as well as other for profit and non-profit agencies to develop low income housing for workers in the county, (particularly on properties such as the old drive-in theater acreage which is adjacent to transportation corridors. (F3, F6)
R14. By the end of 2023, the County of Santa Cruz should demonstrate progress in working collaboratively with UCSC to develop housing sites that are affordable for UCSC students and essential workers. (F2)
R15. By the end of 2023 the County of Santa Cruz should demonstrate that they have reestablished regular meetings of a workgroup or other entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13)
City of Santa Cruz
R16. By the end of 2023 the City of Santa Cruz should demonstrate that they have reestablished regular meetings of a workgroup or other entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13)
R17. By the end of 2023, the City of Santa Cruz should develop clear, measureable guidelines to ensure that preference is given to local workers in the construction of low income housing. (F12)
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R18. By the end of 2023, the City of Santa Cruz should demonstrate progress in working collaboratively with UCSC to develop housing sites that are affordable for UCSC students and essential workers. (F2)
City of Watsonville:

R19. By the end of 2023 the City of Watsonville should demonstrate that they have reestablished regular meetings of a workgroup or other entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13)
R20. By the end of 2023, the City of Watsonville should develop clear, measureable guidelines to ensure that local preference is given to local workers in the construction of low income housing. (F12)
Commendations
C1. By acquiring and using City owned property, and seeking State grants and other outside funding, Santa Cruz is developing projects that are more affordable for tenants. With projects already underway and in the pipeline, Santa Cruz is on track to meet its 5th Cycle Housing goals, though the 6th cycle will present a larger challenge.

C2. The City of Watsonville has continued to build housing during the years when other municipalities were not. They have collaborated well with non-profits and Santa Cruz County to build housing at all affordability levels.

C3. All county municipalities have made a concerted effort to identify housing sites in the urban corridors in order to preserve the local coastal zones, mountains and green spaces in the rest of the County.

C4. County school districts, Peace United Church, Cabrillo College and UCSC are working collaboratively to design and build affordable housing for teachers, staff and students.

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Required Responses
Respondent Findings Recommendations Respond Within/
Respond By
Santa Cruz County
Board of Supervisors
F1, F3, F6, F12,
F13 R11 – R15 90 DaysAugust 31, 2023
Capitola
City Council
F1, F4 – F8, F12,
F13 R1 – R5 90 DaysAugust 31, 2023
Santa Cruz
City Council F1, F2, F12, F13 R16 – R18 90 DaysAugust 31, 2023 Scotts Valley
City Council F1 ,F9 – F13 R6 – R10 90 DaysAugust 31, 2023 Watsonville
City Council F1, F12, F13 R19, R20 90 DaysAugust 31, 2023 Invited Responses
Respondent Findings Recommendations Respond Within/
Respond By
Assistant Director,
Santa Cruz County
Community Development
F1, F3, F6,
F12, F13 R11 – R15 90 DaysAugust 31, 2023
Director, Capitola
Community Development
F1, F4 – F8,
F12, F13 R1 – R5 90 DaysAugust 31, 2023
Director, Santa Cruz
Community Development
F1, F2, F12,
F13 R16 – R18 90 DaysAugust 31, 2023
Director, Santa Cruz
Economic Development F13 R17 90 DaysAugust 31, 2023
Director, Scotts Valley
Community Development
F1,
F9 – F13 R6 – R10 90 DaysAugust 31, 2023
Director, Watsonville
Community Development
F1, F12,
F13 R19, R20 90 DaysAugust 31, 2023
Definitions
Accessory Dwelling Unit: Accessory dwelling units (ADUs) are also known as “in-laws” or“granny-flats.” The legislature greatly expanded homeowners' ability to add ADUs in a series of laws from 2016-2019, and now 1 in 5 new homes built in California are ADUs.

Affordable Housing: When used by city staff and consultants, the term "affordable Housing Our Workers published June 2, 2023 Page 22 of 38 118
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housing" refers to housing that is available at rents and prices below the market rate, usually defined relative to the income level of residents. This form of housing typically receives some form of government subsidy to keep rents low and residents must qualify to rent or buy the units based on their household income.

Affirmatively Furthering Fair Housing (AFFH): State and local governments must not only outlaw housing discrimination, they must also proactively work to eliminate discriminatory practices and reduce segregation. All Housing Element revisions adopted after 1/1/21 must include an AFFH analysis: addressing significant disparities in housing needs and in access to opportunity, including more investments in higher income areas.

Affordability density bonus: A density bonus provides an increase in allowed dwelling units per acre (DU/A), Floor Area Ratio (FAR) or height which generally means that more housing units can be built on any given site. Typically programs allow increases of between 10 percent and 20 percent over baseline permitted density in exchange for the provision of affordable housing.

AMBAG: As the Council of Governments for Santa Cruz County and Monterey County, AMBAG holds responsibility for regional housing needs allocation (RHNA) for our region.

Area Median Income(AMI): A value determined on an annual basis by the US Department of Housing and Urban Development that represents the household income for the median household in a specified region.

Builders Remedy: The builder’s remedy requires cities without a compliant housing plan to approve any housing project that meets affordability requirements of reserving 20% of homes for low-income households or 100% for moderate-income households. Specifically, if a California city does not have a “substantially compliant” housing element, the California Housing Accountability Act indicates that the jurisdiction cannot use its zoning or general plan standards to disapprove any housing project that meets the affordability requirements.

CEQA: California Environmental Quality Act (CEQA), intended to preserve the environment, has been blamed for worsening the state's housing crisis. The lengthy and costly environmental review process required under CEQA, even for housing that complies with local General Plans and zoning codes and the hundreds of applicable environmental, health, safety, and labor laws and regulations, can derail projects. Even after new housing is finally approved, any party can file a CEQA lawsuit seeking to block the housing for "environmental" reasons, resulting in costly, multi-year delays. Recent State legislation seeks to exempt certain affordable housing projects from CEQA review.

Density Bonus: For more than forty years, California’s Density Bonus Law has been a mechanism to encourage developers to incorporate affordable units within a residential project in exchange for density bonuses and relief from other base development standards (e.g. setback rules, parking spaces). Under the Density Bonus Law, developers are entitled to a density bonus corresponding to specified percentages of units set aside for very low income, low-income, or Housing Our Workers published June 2, 2023 Page 23 of 38 119
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moderate-income households.

General Plan: A General Plan is a broad, long-range policy document that guides future development, transportation, and conservation. It is a comprehensive collection of goals and policies related to a multitude of aspects of community life.

In California, cities and counties are required by State law to have a General Plan.

It is the local government’s long-term blueprint for future development. Pursuant to State law, the General Plan must accommodate the required amount of projected population growth the State of California estimates for each city.

Essential Workers: Those workers who are necessary to ensure continuity of functions critical to public health, safety and well being as well as economic security.

Fair Housing Act: Part of the Civil Rights Act of 1968, it guarantees the right to housing and prohibits discrimination in housing.

HCD: California Department of Housing and Community Development (HCD) that develops housing policy and building codes and administers community development programs.

Housing Element: A Housing Element is a local plan, adopted by a city, town or county that includes the goals, policies and programs that direct decision-making around housing. Local jurisdictions look at housing trends, zoning and market constraints, and evaluate various approaches to meeting housing needs across income levels Every eight years, every city and county must update their Housing Element and have it certified by the California Department of Housing and Community Development. All jurisdictions in Santa Cruz County must update their Housing Element for the 2023-2031 planning period.

HUD: U.S. Department of Housing and Urban Development
Income Limits: are one of the determining factors in determining eligibility for housing assistance. Definitions are set forVery Low, Low, and Moderate income and are determined by the gross household income and household size.

Inclusionary Zoning (IZ): also known as inclusionary housing, is a policy that requires a share of new housing development to be affordable to low- or moderateincome households. By including affordable housing in a market-rate housing development, inclusionary housing policies promote mixed-income development projects.

Local Preference: The right or opportunity to select a person from an identified target group that is considered more desirable than another in a constituency, city, urban area or county.

Market-rate housing: Residential units that are rented and sold at market rates, not subjected to sales or rental restrictions, and not typically benefiting from any public subsidy intended to change rental rates or sale prices.

Ministerial approval: A streamlined permit process for development approval involving little or no personal judgment by the public official. As opposed to "Discretionary review process" that allows for public hearings which brings a lot of Housing Our Workers published June 2, 2023 Page 24 of 38 120
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uncertainty and months or years long approval process, Ministerial approval is as short as 90 days.

Municipalities: Municipalities is used in this document to refer to the 4 cities, Capitola, Santa Cruz, Scotts Valley and Watsonville and the County of Santa Cruz together. Santa Cruz County is unique in that a large proportion of the population (above 40%) lives in unincorporated areas under Santa Cruz County jurisdiction.

NIMBY: Not in My Backyard, a term for people who have a no-growth mindset regarding high density housing in their neighborhoods.

Objective Standards: State law defines objective standards as those that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” The State of California has adopted legislation requiring cities to approve certain housing proposals through ministerial processes based on objective standards.

The result of these laws is to encourage localities to create quicker, more accessible pathways for housing to be built.

Regional Housing Needs Analysis (RHNA): Housing-element law requires a quantification of each jurisdiction’s share of the regional housing need as established in the RHNA-Plan prepared by the jurisdiction’s council of governments. The RHNA is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels by the end of the housing-element’s statutory planning period. Each locality’s RHNA allotment must be segmented into four income categories.

Workforce housing: also known as middle-income or moderate-income housing, is housing for residents typically earning less than 120 percent of the area’s median income. This category often includes first responders, teachers, and government employees, as well as healthcare, construction, and retail workers.

YIMBY: Yes in My Backyard, a term for housing advocates who seek to increase the supply of housing, particularly infill and multifamily affordable housing developments.

Zoning: Zoning is the system of rules that local jurisdictions use to determine how land is used within their boundaries. Land use policy establishes the basic type and intensity of uses permitted under a city’s General Plan for each land use category, such as maximum density for residential development and maximum intensity for commercial or industrial uses. Effective land use policy uses zoning to adapt to changing environmental, social and economic conditions.

Sources
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15. Confidential Grand Jury interview.

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19. Confidential Grand Jury interview.

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23. Confidential Grand Jury interview.

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26. Confidential Grand Jury interview.

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27. Confidential Grand Jury interview.

28. Housing Authority. April 26, 2021. “Santa Cruz County Income Limits for State Programs.” Housing Authority of the County of Santa Cruz. Accessed March 28, 2023.
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1.pdf

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32. Confidential Grand Jury interview.

33. Confidential Grand Jury interview.

34. P. K. Hattis. Nov. 2022. “Santa Cruz County Supervisors Discuss Rezoning Maps.” Santa Cruz Sentinel. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=2f 46a782-0a82-4408-984b-eda1dff37289&appcode=SAN180&eguid=b7006df9-4 b0d-4d8e-8738-a3885cab5274&pnum=5#

35. Jesse Kathan. October 14, 2022. “Housing Goals Quadruple in Santa Cruz County.” Santa Cruz Local. Accessed March 28, 2023.
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36. Jesse Kathan. January 31, 2023. “Housing Production Plan Kicks Off in Santa Cruz County.” Santa Cruz Local. Accessed March 28, 2023. https://santacruzlocal.org/2023/01/31/housing-production-plan-kicks-off-in-sant a-cruz-county/
Housing Our Workers published June 2, 2023 Page 28 of 38 124
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37. Hannah Kannik. October 24, 2022. “Teacher Housing Ready for Tenants.” BayArea NewsGroup. Accessed March 28, 2023.
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38. Grace Stetson. February 1, 2023. “Live Oak Senior Center Leaders Seek Space in Teacher Housing Project.” Santa Cruz Local. Accessed March 28, 2023.
https://santacruzlocal.org/2023/01/30/live-oak-senior-center-leaders-seek-spac e-in-teacher-housing-project/

39. Hillary Ojeda. February 28, 2023. “Santa Cruz City Schools' Workforce Housing Could Be Completed in Three Years if All Goes to Plan, District Says.” Lookout Santa Cruz. Accessed March 28, 2023.
https://lookout.co/santacruz/education/story/2023-02-24/santa-cruz-city-schools -workforce-housing-could-be-completed-in-three-years-if-all-goes-as-planned-di strict-says

40. Aric Sleeper. February 10, 2023. “Church Restarts Process to Develop Housing.” Santa Cruz Sentinel. Accessed March 28, 2023. https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=57 49e3fb-2692-4eac-b791-fbd21570890a&appcode=SAN180&eguid=3b9a52f5-9 c54-4a1c-8d56-40186faaece0&pnum=15#

41. Confidential Grand Jury interview.

42. Aric Sleeper. December 9, 2022. “Construction of Scotts Valley mixed-use development moves forward.” Santa Cruz Sentinel. Accessed March 28, 2023. https://www.santacruzsentinel.com/2022/12/08/construction-of-scotts-valley-mix ed-use-development-moves-forward/

43. Santa Cruz Local Staff. February 26, 2023. “Housing and Construction Projects in Santa Cruz County.” Santa Cruz Local. Accessed March 28, 2023. https://us20.campaign-archive.com/?e=cae590735d&u=6a68750b2e4bbdcaddf e0b7fd&id=d5536c053d

44. Confidential Grand Jury interview.

45. November 25, 2015. City of Capitola Housing Element. Accessed March 28, 2023.
https://www.cityofcapitola.org/sites/default/files/fileattachments/community_dev elopment/page/2402/adopted_capitola_housing_element.pdf#page=80

46. HUD. February 9, 2023. “Affirmatively Furthering Fair Housing (AFFH).” HUD US Department of Housing and Urban Development. Accessed March 28, 2023.
https://www.hud.gov/AFFH
Housing Our Workers published June 2, 2023 Page 29 of 38 125
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47. HUD. 1968. “Housing Discrimination Under the Fair Housing Act..” HUD US Department of Housing and Urban Development. Accessed March 28, 2023. https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act _overview

48. Confidential Grand Jury interview.

49. September 16, 2022. Notice of Preparation of a Subsequent Environmental Impact Report. Accessed March 28, 2023.
https://www.cityofsantacruz.com/home/showpublisheddocument/90740/637988 532645930000#page=9

50. Aric Sleeper. January 2023. “Council Attempts to Make Expansion More Palatable.” Santa Cruz Sentinel. Accessed March 28, 2023. https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=82 faa2ff-bc32-48c8-9c98-c1bcb34f93e8&appcode=SAN180&eguid=e212ce6c-12 89-4665-89b6-53752c3f4f18&pnum=18#

51. Jessica A. York. Dec. 2022. “U.C. Santa Cruz Housing Project Judge: Benefits Outweigh Impact.” Santa Cruz Sentinel. Accessed March 28, 2023. https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=19 63b88f-ed86-43c8-a796-8f3d37145d86&appcode=SAN180&eguid=8aa3aa40- 09bd-49bf-a7f5-5d0da4edc0c4&pnum=2#

52. Hilary Ojeda. February 2023. “UCSC Inches Closer to Moving Forward with Controversial Housing Projects.” Lookout Santa Cruz. Accessed March 28, 2023.
https://lookout.co/santacruz/ucsc-cabrillo/story/2022-11-08/uc-santa-cruz-gettin g-closer-to-moving-forward-with-controversial-housing-project

53. Maria Cramer and Alan Yuhas. February 7, 2022. “California Town Says Mountain Lions Don't Stop Housing After All.” New York Times. Accessed March 28, 2023.
https://www.nytimes.com/2022/02/07/us/woodside-mountain-lion-housing.html

54. Katie Lauer. February 1, 2023. “Orinda Backs Off Property Claims.” Bay Area News Group. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=25 2ad7f4-4785-4928-841e-11a84b4f86ee&appcode=SAN252&eguid=74ae0f0c-2 21d-4206-8889-d15aa7419397&pnum=43#

55. Darrell Owens. January 31, 2023. “Bay Area Cities to Lose All Housing Zoning Power Within 2 Days.” The Discourse Lounge. Accessed March 28, 2023. https://darrellowens.substack.com/p/ca-cities-to-lose-all-zoning-powers

56. Ethan Varian and Aldo Toledo. February 13, 2023. “Revenge Through Builder's Remedy.” Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=fbc 08f07-15a1-4194-bac6-5be66797d63c&appcode=SAN252&eguid=47545044-df 9d-4384-ae47-a83ec95a3256&pnum=2#
Housing Our Workers published June 2, 2023 Page 30 of 38 126
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57. Ethan Varian. February 2, 2023. “Most Bay Area Cities Missed Deadlines to Submit Housing Plans.” Bay Area News Group. Accessed March 28, 2023. https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=ec b8993b-e9f2-46db-a9cd-527a4e42a1e0&appcode=SAN252&eguid=6e33ebb8- 9cd0-4373-b647-8d7f5eec276e&pnum=4#

58. Ethan Varian. February 8, 2023. “3 Pro-Housing Groups Sue 11 Cities, County.” San Jose Mercury News. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=f9 51100d-1343-4645-9775-0a81a5cd5aad&appcode=SAN252&eguid=70c3e6ec8523-4427-9665-1d22b636bccd&pnum=4#

59. April, 2022. Draft 6th Cycle Regional Housing Needs Allocation Plan. Accessed March 28, 2023.
https://ambag.org/sites/default/files/2022-04/PDFAAMBAG%20RHNP%202023 -2031_Draft_rev.pdf#page=30

60. Confidential Grand Jury interview.

61. Mikhail Zinshteyn. January 19, 2023. “UC Housing Problem Persists.” Cal Matters. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=31 f201c8-5965-416d-90a2-8a3ca34f5ed6&appcode=SAN252&eguid=22d36e81-e 846-43ef-b3bd-a1468a7cffd2&pnum=35#

62. Confidential Grand Jury interview.

63. Mark Conley. March 21, 2022. “Plan for 300 On Campus Beds for Cabrillo College Students? Here's How That is Taking Shape.” LookOut Santa Cruz.

Accessed March 28, 2023.
https://lookout.co/santacruz/education/higher-ed/story/2022-03-21/cabrillo-colle ge-on-campus-housing-plan-uc-santa-cruz

64. Tyler Maldonado. February 14, 2023. “Cabrillo College Proposal Seeks State Money.” Santa Cruz Local. Accessed March 28, 2023.
https://santacruzlocal.org/2023/02/14/cabrillo-college-housing-proposal-seeks-s tate-money/

65. Confidential Grand Jury interview.

66. Confidential Grand Jury interview.

67. Confidential Grand Jury interview.

68. September 21, 2022. “Planning Commission Agenda.” Accessed March 28, 2023.
https://sccounty01.co.santa-cruz.ca.us//planning/plnmeetings/ASP/Display/ASP X/DisplayAgenda.aspx?MeetingDate=9/21/2022&MeetingType=1&bgcolor=whit e&HighLight=1&SearchText=mixed%20use%20zoning%20map

69. Confidential Grand Jury interview.

Housing Our Workers published June 2, 2023 Page 31 of 38 127
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70. Confidential Grand Jury interview.

71. Feb. 9, 2016. County Housing Element Chapter 4 of the Santa Cruz County General Plan. Accessed March 28, 2023.
https://www.sccoplanning.com/Portals/2/County/Planning/housing/Housing%20 Element%20Approved%204.28.16%20for%20web.pdf

72. Ethan Varian. March 26, 2023. “YIMBYs Support Slow Build Measure.” Bay Area News Group. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=7c 137528-f0d4-4044-bfbc-0c2d9126b19f&appcode=SAN252&eguid=fa3472c6-c6 d8-45cd-a33c-93943d1a5f13&pnum=2#

73. Jesse Kathan. February 3, 2023. “Ocean Street Apartment Plans Revised in Santa Cruz.” Santa Cruz Local. Accessed March 28, 2023. https://santacruzlocal.org/2023/02/03/ocean-street-apartment-plans-revised-insanta-cruz/

74. Aric Sleeper. February 10, 2023. “Ocean Street Housing Development Gets a Fresh Start.” Santa Cruz Sentinel. Accessed March 28, 2023. https://www.santacruzsentinel.com/2023/02/10/ocean-street-housing-developm ent-gets-a-fresh-start/

75. 2023. California Legislative Information website. Accessed 4/24/2023. https://leginfo.legislature.ca.gov/faces/home.xhtml
Additional Resources Not Cited in the Report
Aldo Toledo. “Community College District Opens New Staff Housing.” Bay Area News Group. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=72983 6f7-99f7-4ee8-909d-4e39654bfb04&appcode=SAN252&eguid=f25f747a-b0ed-41d 6-b324-0803e169fa83&pnum=36#
Jones Lang LaSalle IP Inc. October 4, 2021. Cabrillo College Housing Demand and Feasibility Study. Accessed March 28, 2023.
https://go.boarddocs.com/ca/cabrillo/Board.nsf/files/C7BQKA695895/$file/Cabrillo %20Oct%20BOT%20meeting%20FINAL.pdf
Aric Sleeper. January 2023. “Council Attempts to Make Expansion More Palatable.” Santa Cruz Sentinel. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=82faa 2ff-bc32-48c8-9c98-c1bcb34f93e8&appcode=SAN180&eguid=e212ce6c-1289-466 5-89b6-53752c3f4f18&pnum=18#
Ethan Varian. October 3, 2022. “Build More Housing to Ease Crisis? Poll Shows How Bay Area Residents Resist.” San Jose Mercury News. Accessed March 28, 2023. https://www.mercurynews.com/2022/10/03/build-more-housing-to-ease-crisis-poll-s hows-how-bay-area-residents-resist/
Housing Our Workers published June 2, 2023 Page 32 of 38 128
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George Avalos. January 2023. “Developer Proposes Affordable Homes, Self Storage Complex to be Constructed Near 3 Schools.” Bay Area News Group. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.as Dustin D. Peterson. September 30, 2022. 2022's New State Housing Laws. Accessed March 28, 2023.
https://www.ceqachronicles.com/2022/09/2022s-new-state-housing-laws/px?guid=f bcb5707-5ddd-4480-94a0-5ea0516acced&appcode=SAN252&eguid=baef90d7-9b 07-4689-a0b7-6b244925c548&pnum=26#
Aric Sleeper. February 3, 2023. “Renewed Housing Projects Announced.” Santa Cruz Sentinel. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=25c62 e5e-90e9-4a8a-a575-119605e05039&appcode=SAN180&eguid=d3c79ecb-9eff-47 94-a2d6-b0e6af2a8782&pnum=16#
Santa Clara 2021 Civil Grand Jury. December 16, 2021. Affordable Housing: A Tale of Two Cities. Accessed March 28, 2023.
https://www.scscourt.org/court_divisions/civil/cgj/2021/Affordable%20Housing%20 Final%20Report.pdf
2021-22 Marin County Civil Grand Jury. June 24, 2022. Affordable Housing: Time for Collaboration in Marin. Accessed March 28, 2023.
https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2021- 22/affordable-housing--time-for-collaboration-in-marin.pdf?la=en P. K. Hattis. February 4, 2023. “Cabrillo College Finds Partners for Housing Projects.” Santa Cruz Sentinel. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=1fdfa0 01-0594-456d-bbc8-e11acf4bef14&appcode=SAN180&eguid=25d49b41-9e1b-4dd 8-ac24-a084778e6494&pnum=4#
Ethan Varian and Aldo Toledo. February 15, 2023. “Why is State Pushing the Bay Area for New Homes?.” Bay Area News Group. Accessed March 28, 2023. https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=37627 b87-e5a5-40e4-a01b-6de14fc0878d&appcode=SAN252&eguid=2ab6247b-e633-4 239-ad96-c9b7e6645966&pnum=4#
Marisa Kendall. March 5, 2023. “Housing Still Lags in Spite of Laws.” Bay Area News Group. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=b0ccf d52-6785-42cf-ae69-f69c422a4a45&appcode=SAN252&eguid=9da05b09-3f38-4f6 9-97a6-8b175d857db5&pnum=4#
Marisa Kendall. March 9, 2023. “Teacher Housing on Apple Owned Site?.” San Jose Mercury News. Accessed March 28, 2023.
https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=17acc 690-d3be-4c76-9062-190f0bea96d5&appcode=SAN252&eguid=d1e21bfa-afe5-45 60-b978-489cc0b89ee3&pnum=2#
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Appendix A – Progress on 5th Housing Cycle[29]
City of Santa Cruz
City of Watsonville
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Unincorporated Santa Cruz County
City of Capitola
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City of Scotts Valley
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Appendix B – Summary of State Housing Laws
The descriptions given below paraphrase the legal definitions found on the California Legislative Information website.[75] Search for Prop 13 under the “California Law” tab and the rest under the “Bill Information” tab.

Law Description
PROP 13
(1978)
Under Proposition 13, property tax assessments can increase by no more than 2% each year, and property tax rates are limited to 1% of the assessed value (plus additional voter-approved taxes). After Proposition 13, all California properties—even vacant ones—are taxed based on the original purchase price, not their current value.

SB 35
(2017)
In 2017, Governor Brown signed into law Senate Bill (SB) 35 as part of a package of bills created to address California's housing shortage. This law provides a streamlined review process for eligible multifamily projects in cities and counties that have not built their share of housing to accommodate the region's population growth.

AB 1771
(2018)
AB 1771 revises statutory objectives of RHNA plan to include an AFFH requirement, to address disparities in housing needs and access to opportunity. Also requires improved regional jobs-housing relationship, and allocates lower proportion of housing need to jurisdictions already disproportionately high in any income category.

SB 330
(2019)
SB 330 allows accessory dwelling units and further accelerates the permitting process. Only five public hearings may be called for a housing project. Cities cannot raise fees or change permit requirements if the applicant has submitted all necessary documents. Building standards cannot be changed after submittal, nor can projects be downzoned.

SB 8
(2021)
SB 8 is a follow-up SB 330, which extended the streamlined review process. SB 330 was set to expire in 2025. SB 8 now extends that sunset to 2030. SB 8 also clarifies language in SB 330 to further streamline the creation of housing and protect low-income tenants against displacement.

SB 10
(2021)
SB 10 allows cities to rezone a parcel for smaller developments of up to 10 units and streamline government permitting in urban infill or areas near transit. By enabling cities to increase the density of these lots up to 10 units without triggering an environmental review, this bill makes it easier to build housing.

AB 215
(2021)
AB 215 requires the state to check in with cities and come up with a game plan if they are not on track to meet their RHNA numbers.

Housing Our Workers published June 2, 2023 Page 37 of 38 133
Item 7 E.

Law Description
AB 2345
(2021)
Amends the Density Bonus Law to expand and enhance development incentives for projects with affordable and senior housing components.

Under the Density Bonus Law, developers are entitled to a density bonus corresponding to specified percentages of units set aside for very low income, low-income, or moderate-income households. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%).

SB 6
(2022)
SB 6 allows housing to be built in underutilized commercial sites currently zoned for retail, office, and parking uses. SB 6 gives local governments the option for an expedited development process to avoid the property remaining vacant.

SB 9
(9/2022)
SB 9 allows lot splits and/or the development of duplexes on single-familyzoned parcels to be approved ministerially (i.e., without discretionary approval or hearings) if certain requirements are met. Consequently, such projects bypass the California Environmental Quality Act (CEQA) process.

Theoretically, this allows for up to four residences where there was historically only one (if an applicant receives ministerial approval for both a lot split and the development of duplexes on each parcel).

AB 2011
(2022)
This legislation allows for ministerial, by-right approval for affordable housing to be built in infill areas currently zoned for office, retail, and parking uses. Also allows such approvals for mixed-income housing along commercial corridors, as long as the projects meet specified affordability, labor, and environmental criteria.

Housing Our Workers published June 2, 2023 Page 38 of 38 134
Item 7 E.

Housing Our Workers Published on June 2, 2023 Page 1 of 15 The 2022–2023 Santa Cruz County Civil Grand Jury
Requires the
Capitola City Council
to Respond by August 31, 2023
to the Findings and Recommendations listed below
which were assigned to them in the report titled
Housing Our Workers
Essential Workers Need Affordable Housing!
Responses are required from elected officials, elected agency or department heads, and elected boards, councils, and committees which are investigated by the Grand Jury. You are required to respond and to make your response available to the public by the California Penal Code (PC) §933(c).

Your response will be considered compliant under PC §933.05 if it contains an appropriate comment on all findings and recommendations which were assigned to you in this report.

Please follow the instructions below when preparing your response. 135
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 2 of 15 Instructions for Respondents
Your assigned Findings and Recommendations are listed on the following pages with check boxes and an expandable space for summaries, timeframes, and explanations.

Please follow these instructions, which paraphrase PC §933.05:

3. Please confirm the date on which you approved the assigned responses:

We approved these responses in a regular public meeting as shown in our minutes dated ________________.

If you have questions about this response form, please contact the Grand Jury by calling 831-454-2099 or by sending an email to [email protected]. 136
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 3 of 15 Findings
F1. While all city and county planning departments have demonstrated a good understanding of the new State housing laws and the need to facilitate more housing, the failure to do so in a timely manner has served to further decrease the availability of housing and further increase the need and cost of more housing.
__ AGREE
_X_ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

The City of Capitola has consistently updated the Capitola Municipal Code to comply with state housing law in a timely manner. With the many annual housing bills, cities and developers alike must be diligent in understanding the latest legislative changes.

Even in doing so, the state Housing and Community Development Department and case law provide new interpretations and precedents.

The pace of entitlements and construction of ADUs in Capitola has increased in recent years, partly due to the changes in state legislation and the City’s rapid incorporation of those changes into the daily narrative and development entitlement decisions. For example, for new ADU laws that came into effect on Jan 1,2020, Capitola updated the ordinance by March of 2020. Capitola updated the ordinance again in 2022 due to additional modifications in ADU law.

The City’s up-to-date understanding of housing legislation does and will continue to facilitate housing production. The City will continue to remain diligent in staying knowledgeable about the latest legislative changes, interpretations, and case law. 137
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 4 of 15 F4. Capitola has made little progress towards achieving housing goals, particularly for low income housing. Although the City identified sites for mixed use developments, they have made little progress towards developing those sites.
__ AGREE
_X_ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

Capitola has made great progress towards achieving housing goals, but has made little progress in developing low-income sites in the current housing cycle.

In terms of housing goals, Capitola had made great progress to enable more housing development citywide. Completed planning projects include:

1. Complete overhaul of Zoning Code to remove barriers to housing and ensure housing could be accommodated. (2014-2020)

2. Updated the ADU ordinance (2020 and 2022)

3. Created ADU guidance document (2022)

4. Created building permit ready ADU prototype designs (2022)

5. Completed a nexus study for affordable housing (2020/2021)

6. Completed feasibility analysis for affordable housing fees (2020)

7. Updated Chapter 18.02 Inclusionary Housing Ordinance (2020/2021)

8. Added Chapter 18.05 for Inclusionary Housing Impact Fees (2020/2021)

9. Added Chapter 17.82 establishing Objective Standards for Multifamily and MixedUse Developments (2022) The City is not responsible for developing sites as the City is not a developer. Capitola is responsible for ensuring there are adequate sites to develop housing within the City and removing barriers. However, the City recently approved a 36 unit 100% affordable development at 4401 Capitola Road. The City will continue efforts to proactively reach out to affordable housing developers to increase interest in Capitola sites.
138
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 5 of 15 F5. Capitola has focused primarily on streamlining the construction of ADUs as a means to increase housing. However, there is little evidence that ADUs are prioritized for rental to local workers, and there is little chance that ADUs alone can meet the housing needs for the 6th Cycle Housing Element.
__ AGREE
_x_ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

ADUs are only a small portion of the work the City had done to meet housing needs.

Of the nine tasks listed below toward housing, ADUs were the focus of three. The City agrees that ADUs alone cannot meet the housing needs for the 6th cycle.

Completed housing projects:

1. Complete overhaul of Zoning Code to remove barriers to housing and ensure housing could be accommodated. (2014-2020)

2. Updated the ADU ordinance (2020 and 2022)

3. Created ADU guidance document (2022)

4. Created building permit ready ADU prototype designs (2022)

5. Completed a nexus study for affordable housing (2020/2021)

6. Completed feasibility analysis for affordable housing fees (2020)

7. Updated Chapter 18.02 Inclusionary Housing Ordinance (2020/2021)

8. Added Chapter 18.05 for Inclusionary Housing Impact Fees (2020/2021)

9. Added Chapter 17.82 establishing Objective Standards for Multifamily and MixedUse Developments (2022) The City agrees there is little evidence that ADUs are prioritized for rental to local workers. However, the City recently approved a 36 unit 100% affordable development at 4401 Capitola Road and included a condition of approval for local worker preference.
139
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 6 of 15 F6. Capitola and the County of Santa Cruz need to work together to facilitate significant housing in the mid-county area where a large percentage of jobs are located.
_X_ AGREE
__ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

All jurisdictions in the County regularly collaborate during the Association of Monterey Bay Area Government (AMBAG) regularly scheduled meetings. Senate Bill 375 set forth consistency requirements between transportation planning processes and housing planning processes. More specifically, the regional housing needs allocation (RHNA) must be consistent with the Sustainable Communities Strategy (SCS) development pattern. For the Monterey Bay region, these requirements necessitate extensive coordination between three regional transportation planning agencies, two major transit agencies, 21 local jurisdictions, two councils of government and AMBAG, the region's metropolitan planning organization. The RHNA process considered the job/housing ratio of jurisdictions and assigned more units to areas with more jobs, including Capitola and the County of Santa Cruz. The increase allocation based on jobs will result in increased housing in the mid-county area where a large percentage of jobs are located.

Also, Planning Directors from throughout the County meet regularly to collaborate on housing and other related issues. The Planning Department staff from the countywide jurisdictions also collaborate through AMBAG meetings, trainings, discussions of state legislation, joint presentations, and various other communications. 140
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 7 of 15 F7. The City of Capitola has made little progress towards facilitating the development of the Capitola Mall as a mixed-use project which could accommodate both business and housing.
__ AGREE
__ PARTIALLY DISAGREE
_x_ DISAGREE
Response explanation (required for a response other than Agree):

In the recent Zoning Code update, Chapter 17.88: Incentives for Community Benefits was added providing incentives of additional height and floor area ratio on the mall site. In 2019, the mall owner submitted an application for a mixed-use development which would accommodate 637 new residential units along with commercial uses.

During the conceptual review, the applicant received favorable feedback from Planning Commission and City Council. Ultimately, the applicant withdrew the application in the summer of 2020 due to the pandemic. Capitola made progress with the adoption of the new Incentives for Community Benefits Zoning as there are now incentives in place for increased height and floor area, combined with underlying zoning that has no density limit.

However, the Capitola Mall is comprised of multiple parcels, owned by seven different entities. These seven property owners must all agree on any significant development on the Mall site. Unanimous agreement among these property owners has been a challenge for decades.

While the City has created incentives to facilitate development, and helped facilitate discussions among those property owners, the City is not able to compel private property owners to redevelop Capitola Mall.
141
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 8 of 15 F8. The City of Capitola claims to have significantly fewer resources to attract housing planners and builders than do the bigger municipalities of Santa Cruz, Watsonville and the County of Santa Cruz, but that does not mean the City should be exempt from the need to construct housing for local low income workers.
__ AGREE
_X_ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

The City agrees it should not be exempt from the need to construct housing for local low-income workers. However, it is a fact that Capitola has significantly less housing staff and financial resources than the City of Santa Cruz, City of Watsonville, and the County of Santa Cruz, which can make it more challenging to partner with housing developers toward construction of projects.

Two new housing fund sources recently became available through the payoff of a large housing loan and the recent award from the state of PLHA funds. Capitola intends to utilize the new funding source to assist MidPen Housing with plans for a 52- unit 100% affordable project at 1098 38th Avenue.
142
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 9 of 15 F12. While all local municipalities have voiced support for prioritizing housing for local workers, only some of them have clear local preference guidelines that give some priority to local workers. Without clear guidelines and incentives, new housing is more likely to be purchased by those who do not live and work here.
__ AGREE
_X_ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

Capitola’s inclusionary housing ordinance (IHO) gives preference to local residents and workers. Within Capitola Municipal Code Section 18.02.080, the City’s inclusionary ordinance gives preferences for ownership inclusionary units to households who live or work in Capitola.

Beyond the IHO, Capitola does not have requirements for prioritizing housing for local workers. However, during the review of a recent 36-unit, 100 percent affordable housing development project at 4401 Capitola Road, the project was conditioned to require local worker preference.

Prior to adopting a standard for local worker preference, the City would have to do more research on applicable laws and fair housing practices. 143
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 10 of 15 F13. All municipalities are trying to identify and facilitate the building of housing projects, but most of that is done independently of the other municipalities or with outside partners. Since workforce housing and transportation gridlock is a county-wide problem, all county municipalities need to work more closely together and with property owners to develop housing solutions.
__ AGREE
_X_ PARTIALLY DISAGREE
__ DISAGREE
Response explanation (required for a response other than Agree):

While representatives from the different jurisdictions can and do regularly learn from one another and collaborate on the best ways to grow across the region, particularly when it comes to planning for and requiring increased densities in areas close to transit and other daily needs, individual projects are typically best handled by the jurisdiction in which they are located.

All jurisdictions in the County regularly collaborate during the Association of Monterey Bay Area Government (AMBAG) meetings. Senate Bill 375 set forth consistency requirements between transportation planning processes and housing planning processes. More specifically, the regional housing needs allocation (RHNA) must be consistent with the Sustainable Communities Strategy (SCS) development pattern.

For the Monterey Bay Area, these requirements necessitate extensive coordination between three regional transportation planning agencies, two major transit agencies, 21 local jurisdictions, two councils of government and AMBAG, the region's metropolitan planning organization. The RHNA process assigned more units to Capitola and the County of Santa Cruz due to the number of jobs in mid-county to facilitate significant housing in the mid-county area where a large percentage of jobs are located.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 11 of 15 Recommendations
R1. By the end of 2023 the City of Capitola should identify enough parcels of land, zoned appropriately, to meet the new RHNA housing allocations for all income levels, especially low income housing. (F4 – F6, F8)
_X_ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The 6th cycle draft housing element, as submitted to HCD, identifies more than the required parcels of land, zoned appropriately, to meet the new RHNA housing allocations for all income levels, including low-income housing. 145
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 12 of 15 R2. By the end of 2023 the City of Capitola should show significant progress towards planning and facilitating the construction of mixed use businesses and housing on identified parcels of land in the City. (F4, F6 – F8) _X_ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City updated the Zoning Code to allow mixed-use in all commercial zones (2014- 2020); updated Chapter 18.02 Inclusionary Housing Ordinance (2020/2021); added Chapter 18.05 for Inclusionary Housing Impact Fees (2020/2021); and added Chapter

17.82 establishing Objective Standards for Multifamily and Mixed-Use Developments (2022). The draft 6th cycle housing element includes many properties within Capitola’s mixed-use zoning district. These accomplishments create significant progress towards planning and facilitating the construction of mixed-use businesses and housing citywide.
146
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 13 of 15 R3. By the end of 2023, the City of Capitola should demonstrate a plan to work with the County of Santa Cruz as well as other for profit and non-profit agencies to develop housing close to transportation corridors along Hwy 1 and 41st Avenue. (F6, F7, F13)
_X_ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

Planning Directors from throughout the County meet regularly to collaborate on housing and other related issues. The Planning Department staff from the countywide jurisdictions also collaborate through AMBAG meetings, trainings, discussions of state legislation, joint presentations, and various other communication streams. Specific development projects typically are handled by the specific jurisdiction where they are located.

In terms of regional planning, all jurisdictions in the County regularly collaborate during the Association of Monterey Bay Area Government (AMBAG) meetings.

Senate Bill 375 set forth consistency requirements between transportation planning processes and housing planning processes. More specifically, the regional housing needs allocation (RHNA) must be consistent with the Sustainable Communities Strategy (SCS) development pattern. For the Monterey Bay Area, these requirements necessitate extensive coordination between three regional transportation planning agencies, two major transit agencies, 21 local jurisdictions, two councils of government and AMBAG, the region's metropolitan planning organization. The regional coordination encourages housing development near transportation corridors along Hwy 1 and 41st Avenue. Also, Capitola’s Draft 6th Cycle Housing Element includes numerous sites along 41st Avenue due to existing transit and jobs.

147
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 14 of 15 R4. By the end of 2023 the City of Capitola should develop clear, measureable guidelines to ensure that local preference is given to local workers in the construction of ADUs as well as low income housing. (F12) __ HAS BEEN IMPLEMENTED – summarize what has been done
__
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
_X_ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

The City cannot legally require private homeowners to hire local workers for construction of ADUs. Further, this requirement would be an impediment to housing development due to limited construction workers at the local level, and increased development costs which would make development of new housing less feasible. 148
Item 7 E.

Required Response from the Capitola City Council
Housing Our Workers Due by August 31, 2023 Page 15 of 15 R5. By the end of 2023 the City of Capitola should demonstrate that they have reestablished regular meetings of a workgroup or entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13)
_X_ HAS BEEN IMPLEMENTED – summarize what has been done __
HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – summarize what will be done and the timeframe
__
REQUIRES FURTHER ANALYSIS – explain the scope and timeframe (not to exceed six months)
__ WILL NOT BE IMPLEMENTED – explain why
Required response explanation, summary, and timeframe:

As stated in R3, Planning Directors from throughout the County meet regularly to collaborate on housing and other related issues. The Planning Department staff from the countywide jurisdictions also collaborate through AMBAG meetings, trainings, discussions of state legislation, joint presentations, and various other communication streams. Specific development projects typically are handled by the specific jurisdiction where they are located.
149
Item 7 E.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: City Manager Department
Subject: Jade Street Park Universally Accessible Playground Fundraising Partnership
Recommended Action: 1) Authorize the City Manager to execute a Memorandum of Understanding with the Friends of Santa Cruz County Parks for a fundraising campaign and administration of donations for the Jade Street Park Universally Accessible Playground Project; and 2) approve an administrative policy regarding the Universally Accessible Playground at Jade Street Park Donor Recognition.

Background: On November 22, 2022, the City Council authorized the Public Works Department to issue a Request for Proposals (RFP) for the design of a universally accessible (UA) playground at Jade Street Park. On February 9, 2023, the City Council authorized an agreement with Verde Design to design a UA playground at Jade Street Park. The City Council allocated an additional $200,000 to the Jade Street Park Universally Accessible Playground Project (Playground) during the FY 2023-24 goal-setting session. Based on preliminary research, staff has determined a comprehensive UA playground project at Jade Street Park could cost approximately $1,500,000. To close the funding gap, staff recommends a partnership with the Friends of County Parks (Friends) on a comprehensive fundraising campaign.

On June 8, 2023, the City Council reviewed the fundraising partnership plan and provided feedback to staff. The City Council conceptually approved the Friends’ playground naming concept of garnering public input for name suggestions, with the City Council voting for the ‘winning’ name from a Top 3 list in the fall. The City Council also provided feedback on a donor recognition program.

Discussion: The Memorandum of Understanding (MOU) included as Attachment 1 establishes roles and responsibilities in the fundraising effort, outlines both City and Friends’ responsibilities, and provides other details of the proposed fundraising campaign. Staff and the Friends also collaborated on detailed language defining how “Universal Design” will be used in all aspects of the playground, which is included in an exhibit to the MOU (Attachment 2).

Donor Recognition Administrative Policy
Staff has prepared an administrative policy (Attachment 3), that lists donor recognition opportunities. All donors as listed below will be publicly recognized on a donor recognition feature, such as a wall or other design element. Only “Major Sponsors” of the zones listed below may also be recognized with a sign in the corresponding zone.

Recognition on donor feature:
 Donating $1,000 or more
 Donating amount determined by Friends for additional playground components (4-seat rocker, volta spinner, etc.)
Recognition on donor feature and/or on sign in the corresponding zone:
 Donating amount determined by Friends for Major Sponsorship rights of the following areas o Climb and Slide Zone
o Swing and Sway Zone
o Tot Zone
o Sensory Zone
o Game Zone
150
Item 7 F.

Fiscal Impact: The City and Friends have agreed upon a fundraising target of $1 million. The Friends will retain 15% of the funds raised.

Attachments:

1. Draft MOU

2. Exhibit A: UA design

3. Exhibit B: Administrative Policy – donor recognition Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
151
Item 7 F.

The Parties desire and agree to partner in raising funds for the Project through a fundraising campaign (“Campaign”) on the following terms and conditions:

1. The City agrees to do the following:
 Determine the cost of the Project and set the campaign fundraising target at $1 Million.  The City will provide a playground plan that:
o Is designed to allow users of all ages, abilities, backgrounds, and perspectives to explore the power of play while building mental, physical, and social skills within the community. o Is holistically designed: the playground as a whole will be UA; individual elements will be designed specifically to accommodate a variety of neuro and physical divergence. o Incorporates multiple forms of play that allow for a range of risks and a range of sensory engagement. o Considers and addresses the wide range of both neurodivergence and physical mobility of playground users.
o Is designed with input from the local Capitola community. o May include such elements as are generally described in Exhibit A attached hereto, and funds raised by the Parties under this MOU shall not be used for any other purpose without the prior written consent of both Parties, except as otherwise be provided in the MOU.  Provide Friends a list of City’s community contacts for use in Friends’ social media outreach, and also include campaign materials in City communications, including its recreation catalog, its newsletters, and email and social media communications.
 Provide an authorized contact person for the Project. Contact person may be changed from time to time with notice to Friends. Initially, the staff contact person is Chloé Woodmansee.  Provide support to Friends for campaign events. For example, staff and Council members may, upon request, attend fundraising events.
 Accept in-kind donations of project-approved materials to use towards the Project. 152
Item 7 F.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1
 Provide Project design imagery and information for campaign use in print and digital materials.  Provide a flexible sponsorship policy and the ability to apply naming signage to appropriate aspects of the play structures and surrounding features (Exhibit B).

2. The Friends agree to do the following:
 Provide fundraising consultation to the City; consult with City Staff to ensure clarity on Campaign goals and progress.  Provide an authorized contact person for Project. Contact person may be changed from time to time with notice to City. Until further notice, the Volunteer Community Lead is Dan Haifley and Friends Campaign contact is Tricia Wiltshire.
 Implement a procedure to annually provide the City verification of personal insurance for employees or volunteers who may use their personal autos for Campaign business with minimum liability limits of $100,000/$300,000 for bodily injury and $50,000 for property damage.
 Upon request from the City, present at and attend events and/or City Council meetings to provide an update on fundraising efforts.
 Prepare and distribute campaign materials.
 Provide information regarding fundraising Campaign and the Project on the Friends website.  Provide an online Campaign donation portal (link) for donors.  Prepare and send a thank you letter to each donor, acknowledging each donation.  Organize and host fundraising events .
 Promote the Project through Friends’ existing social media outreach.  Coordinate donor asks and grant opportunities.
 Provide quarterly accounting to City staff for funds raised.  Distribute funds to City upon the City’s authorization of a contract or purchase order to build the Project. If the City does not authorize a contract or purchase order to build the Project, Friends will return all funds to donors.

3. Compensation. In exchange for the promotional and administrative functions set forth above, Friends shall retain 15% of funds raised. The Parties anticipate that this compensation will cover Friends’ direct and indirect campaign costs, however in no case shall total funding retained by the Friends exceed 15%.The balance of the funds collected by Friends will be paid to City for the Project.

In the event that insufficient funds are raised for the Project, or the Project is not completed, or the Campaign is suspended for any reason, City shall inform Friends, and Friends will return each contribution to the donor. 153
Item 7 F.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1

Friends and City indicate agreement with this MOU by their signatures below:

FRIENDS OF SANTA CRUZ COUNTY PARKS
_________________________________ ______________
Mariah Roberts, Exec. Dir. Date

CITY OF CAPITOLA
_________________________________ ______________
Jamie Goldstein, City Manager Date
154
Item 7 F.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1
Exhibit A:

The playground will include the following design features, in alignment with “universal design” as outlined by the National Parks and Recreation Association:
● Transparency in design enabling easy overview and navigation of the playground ● Entrance to playground wide enough to pass through with assistant and opening handles are placed within reaching distance
● Easy access to and around all play equipment
● Edges in contrasting textures and colors to aid visually impaired users ● Height of slopes used with consideration for assistive mobility devices, such as wheelchairs ● Accessible seating options along paths, seating and table options at the entrance and near play equipment
● Enough space for assistants and wheelchairs to pass each other, on paths and around play equipment ● Shading
● Accessible seating and table options
● Color contrasts on surfaces to assist guidance, such as:
○ Contrasting colors on surfaces at play transitions or play zone changes ○ Contrasting colors on surfaces around moving play equipment, like rotating or swinging equipment
○ Color schemes with consideration for visual impairments, such as color-blind users ● Signage that aids communication
● Social play areas: things to do together regardless of ability or age ● Solitary play areas, such as play panels or individual rotation pieces ● Quiet areas to withdraw to
● Natural elements, for example plants with a clear scent, to help way-finding and orientation ● Ground-level accessibility and usability
● Play from all sides (360-degree design)
● Transparency and clear design signals
● Spaciousness to support diverse body sizes, abilities and positions. ● Multifunctionality: more ways of use, access, and egress ● Independent use for all, such as elevated activities (ex.: wheelchair accessible/raised play panels and musical instruments) and wheel-on play equipment (ex.: carousels or ramps to relevant elevated play activities)
● Variation in play functions such as solitary and social play in both smaller and bigger groups ● Sensory play variation, such as tactile, visual, auditive ● Thrilling play functions; e.g. speed, height
155
Item 7 F.

Memorandum of Understanding Jade Street Inclusive Playground Project Fundraising Campaign
Friends and City of Capitola
4891-1765-6433 v1
Exhibit B
Administrative policy
156
Item 7 F.

Exhibit A:

ADMINISTRATIVE POLICY

Number: --
Issued: 7/27/2023
Jurisdiction: City Council

UNIVERSALLY ACCESSIBLE PLAYGROUND AT JADE STREET PARK

If within 10 years of installation, the park is closed, deconstructed, destroyed, severely damaged or undergoes an end-of-life renovation, then the donor recognition will cease.

III. PROCESS
Donor Recognition & Sponsorship Opportunities
Space Required Donation
“Donor” Wall or other design feature All donations of $1,000 or more, unless donor requests anonymity
Major Sponsorship Opportunities: As determined by Friends Climb and Slide Zone
Swing and Sway Zone
Tot Zone
Sensory Zone
Game Zone
Other Playground components (e.g.: 4-seat rocker,
volta spinner, etc.)
As determined by Friends
Fundraising & Donor Recognition: The Friends of the Santa Cruz County Parks shall coordinate the fundraising campaign and donor recognition effort. The Friends shall determine donation amounts required for Major Sponsorship Opportunities and other playground components.

This Policy is Approved and Authorized by:
___________________________________
Jamie Goldstein
City Manager
159
Item 7 F.
160
Item 7 F.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Recreation Division
Subject: Plein Air Public Art Prize Amount
Recommended Action: Approve the Art & Cultural Commission recommendation to increase the Plein Air Public Art Festival Competition prize amount from $1,500 to $1,800 for first place and from $800 to $1,000 for second place.

Background: The City of Capitola Public Art Ordinance requires all commercial projects valued at more than $250,000 to either incorporate art into the project or contribute to the City’s Public Art Fund. One of the duties of the City of Capitola Art and Cultural Commission is to administer the Public Art Fund and recommend public art projects for the City of Capitola.

The Art and Cultural Commission provides the community art and cultural programs. The Capitola Plein Air Public Art Festival has operated for the past eight years, and competing artists paint live for four days and then enter the competition. Artwork that is selected for first and second place is purchased by the City using Public Art funds and added to the City’s art collection.

Discussion: During the past eight years the prize amounts for Plein Air artists have remained unchanged, despite the Monterey Bay area experiencing approximately 26.5% inflation over the same time frame. In response to inflation, the Art and Cultural Commission recommends increasing the Plein Air Public Art Festival Competition prize amounts from $1,500 to $1,800 for first place and from $800 to $1,000 for second place.

Fiscal Impact: The Public Art Fund Fiscal Year 2023-24 approved budget includes sufficient funding to increase the prize amounts as recommended by the Art and Cultural Commission.

Report Prepared By: Nikki Bryant; Recreation Division Manager Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
161
Item 7 G.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: City Manager Department
Subject: Children and Youth Bill of Rights
Recommended Action: Adopt a resolution adopting the City of Capitola Children and Youth Bill of Rights.

Background: On May 18, 2023, the Capitola City Council directed staff to adopt a Children and Youth Bill of Rights. The City Council identified this objective during the goal-setting workshop and directed Staff to return the item as part of the next fiscal year’s budget.

In 2023, the Annie E. Casey Foundation, a private, national foundation working to improve the well-being of American children and youth, ranked California among the worst for overall child well-being, sitting 35 out of 50 (the AECF collects and publishes most of the data on children in poverty in the U.S. annually).

The most recent data (2021) showed that 14% of California households with children sometimes, or often, did not have enough to eat. This figure was even higher for Black and Latino households, at 22%, underscoring the uneven impact on California’s children of color. And these challenges affect those in our County as well. In 2019, 27% of children in Santa Cruz County were food insecure but likely ineligible for assistance, and 47% of students were eligible for free and reduced lunch programs.

California ranked poorly in other categories as well – 43rd in economic well-being, 36th in education, and 14th in affordable healthcare. In 2019, 16% of children lived in households below the poverty line. If the poverty line were adjusted to account for the high cost of living in California, the figure would be much worse. In Santa Cruz County, 14% of children live below the poverty line. The percentage goes up to 20% for Latino children.

Furthermore, in 2017-19, 50% of three-and four-year-olds were not in an early education program, which can be crucial for setting children up for success in later life, as well as providing support for parents who are working or going to school. And while California has been a leader in expanding healthcare coverage to all children, from 2018 to 2019, 35,000 more children were found to lack health insurance, for a total of 334,000 minors without coverage in the State.

Over 19% of the Santa Cruz County population is under the age of 18. Some of our community’s children and youth experience poverty, food insecurity, substance use, and mental health challenges. Notably, 43% of our teens report using alcohol or drugs, compared to 29% of teens in the State. 31% of 5th, 9th, and 11th graders experience depression.

In 2019, the federal government spent $408 billion on children, representing about 9 percent of the federal budget. This is consistent with the level of spending on children over the last several years. Under prePandemic law, children’s programs are projected to receive only two cents of every dollar of the projected $1.6 trillion increase in federal spending over the next decade. Furthermore, over the next decade, all categories of spending on children, except health, are projected to decline relative to GDP.

To combat adverse outcomes for children by prioritizing and committing to children’s well-being, the State of California and other communities across the State have adopted Children and Youth Bills of Rights, this includes the City of Santa Cruz, whose Council adopted a bill of rights in 2021. The purpose of a Children and Youth Bill of Rights is to ensure that leaders at any level of government keep the needs of young people at the forefront of decisions about budgets and government policies.

Discussion: In line with similar efforts at and across the State, the City of Capitola is committed to supporting the well-being of our youth. The Capitola Children and Youth Bill of Rights will ensure that leaders keep the needs of young people at the forefront of budget and government policy decisions.

Children and youth are vulnerable members of our community and must be prioritized and protected. 162
Item 8 B.

Children who are differently abled, LGBTQ, non-binary, people of color, undocumented, or from lowincome households are especially marginalized. The Bill of Rights provides the foundation that helps our community make children and youth a top priority.

Though based on the work of other communities and organizations, the proposed Bill of Rights is intended to meet the specific needs of the children in the Capitola community.

To measure the effectiveness of this Bill and measure the future success of the City’s children and youth initiatives, staff recommends developing metrics aligned with the California Department of Public Health’s Health in All Policies, and for the City Council to direct staff to return with an annual report outlining the State of Youth in Capitola. The three pillars of the Health in All Policies – Equity, Health, and Sustainability – are to be reflected throughout the Bill of Rights.

The City of Capitola’s activities and programs that support youth in the City and greater community include:
 Recreation Division programming, in particular, Camp Capitola and the Afterschool program  The Jade Street Park Universally Accessible Playground Project  The Jade Street Community Center Renovation Project
 Early Childhood and Youth Community Grant Program, which allocated $60,000 to different community non-profits in Fiscal Year 2022-23 and anticipates the same allocation over the next two fiscal years.
 Partnership with the Youth Action Network
Fiscal Impact: After the passage of Measure J in 2018, the City of Capitola restricted .75% of the transient occupancy tax for Early Youth and Childhood Programming (EYCP) and local business groups. The FY 2023-24 budget for TOT Restricted Revenue allocates $64,000 to EYCP. Measure J funding will continue being allocated towards these programs, but otherwise, there is no fiscal impact associated with staff’s recommended action.

Attachments:

1. Resolution

2. Capitola Children and Youth Bill of Rights
Report Prepared By: Austin Westly, Deputy City Clerk
Reviewed By: Julia Moss, City Clerk; Chloé Woodmansee, Assistant to the City Manager Approved By: Jamie Goldstein, City Manager
163
Item 8 B.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA ADOPTING THE

CITY OF CAPITOLA CHILDREN AND YOUTH BILL OF RIGHTS AND DIRECTING STAFF

TO PROVIDE AN ANNUAL STATE OF YOUTH IN CAPITOLA REPORT
WHEREAS, the City of Capitola maintains a commitment to promoting youth community connectedness by supporting youth education, leadership, and well-being, and is committed to working with organizations and initiatives to implement a framework that outlines how the City will amplify youth voice in city decision-making; and,
WHEREAS, the City of Capitola has appointed a Councilmember representative and contributes funds to the Santa Cruz County Youth Action Network (YAN) via Community Grants; and,
WHEREAS, the Capitola Recreation Division positively impacts children with programming that supports mental and physical development, such as Camp Capitola and the Afterschool program; and,
WHEREAS, the City of Capitola Early Childhood and Youth Community Grant Program allocated $60,000 to different community non-profits in Fiscal Year 2022-23; and, WHEREAS, the City is investing in two major City projects to upgrade the Community Center Complex; the Jade Street Park Universally Accessible Playground Project and the Jade Street Community Center Renovation Project.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Capitola, that the City hereby commits to supporting our City’s youth community.

NOW, THEREFORE, BE IT FUTHER RESOLVED, by the City Council of the City of Capitola that the City hereby adopts the City of Capitola Children and Youth Bill of Rights, included hereto.

I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 27th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Keiser, Mayor
ATTEST:
_______________________
Julia Moss, City Clerk
164
Item 8 B.

City of Capitola Children and Youth Bill of Rights
In alignment with other initiatives at the State and across the State, the City of Capitola commits to the well being of youth and sets forth this Children and Youth Bill of Rights. This Bill ensures that leaders keep the needs of youth at the forefront of decisions related to policies, programs, and other government initiatives. The Children and Youth Bill of Rights provides a foundation that helps our community make children and youth a top priority, so that:

1. They have a healthy mind, body and spirit that enables them to maximize their potential.

2. They develop a healthy attachment to a parent, guardian, or caregiver, and on-going relationship with a caring and supporting adult.

3. They have a safe and healthy environment, including their home, school, neighborhood, and community.

4. They have access to quality education that promotes future success in school, career, and life.

5. They have training in life skills that will prepare them to live independently, be selfsufficient, and positively contribute to their community.

6. They have employment opportunities with protections from unfair labor practices.

7. They have freedom from mistreatment, abuse, and neglect.

8. They voice opinions in matters of interest to them, develop their leadership capacity, and engage in their community.

9. They feel supported by the larger community and maintain a sense of hope for the future.

10. They are encouraged to explore and express their innate curiosity and creativity.

Children and youth are entitled to these rights regardless of their gender, class, race, ethnicity, national origin, culture, religion, immigration status, sexual orientation, or ability.

The City will leverage its relationship between any and all relevant parties, organizations, and stakeholders to ensure that these rights are effectively addressed. 165
Item 8 B.

City of Capitola
Children and Youth
Bill of Rights
City Council Meeting 7/27/23
166
Item 8 B.

Background
On May 18, 2023, Council directed Staff
to adopt a Children and Youth Bill of
Rights.

The State and other cities/counties in
CA have also adopted similar Bills.

This action will ensure that the needs of
our Youth are always a top priority.
2 167
Item 8 B.

Discussion
3 • California consistently ranked
Worse or Worst in Child WellBeing categories – incl. 35th in Overall Well-Being.
• Santa Cruz county shares these
struggles – incl. alarming rates
of youth drug use and
depression.
• YAN and Bill of Rights help
combat these issues.
168
Item 8 B.

Current Programming
Recreation
• Camp Capitola, Afterschool
programs, Junior Guards.
• Jade Street Part Community
Center reno. and Universally
Accessible Playground Project.

Other Depts.
• Early Childhood and Youth
Community Grant Program - $60,000
in funding during FY22-23.
• Partnership with Youth Action
Network in SC County.
4 169
Item 8 B.

Adopt a resolution
adopting the City of
Capitola Children and
Youth Bill of Rights.

Recommended Action
170
Item 8 B.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Public Works Department
Subject: Jade Street Park UA Playground Project
Recommended Action: Approve the Final Conceptual Design for the Jade Street Park Universally Accessible (UA) Playground Project.

Background: The Jade Street Park UA Playground Project (Project) will replace an existing playground that was installed in 1999 and updated in 2007 with an all-inclusive play area. A renovated UA playground would provide recreation features and design elements that appeal to individuals of all abilities, including those with mobility, cognitive, developmental, sight and hearing impairments.

Currently the anticipated project funding is $1.325M, which includes $475,000 ($275,000 in FY 22/23 and $200,000 in FY 23/24) in the City’s Capitola Improvement Plan (CIP) budget . The balance of the funding is anticipated to be fundraised by the Friends of County Parks (Friends) over the next twelve to eighteen months.

On February 9, 2023, the City Council authorized an agreement with Verde Design for the conceptual design phase of the Project, which includes community outreach, alternative analysis, and final conceptual design. Verde Design and City staff have conducted community outreach efforts, including an online survey, two on-site pop-up events, and two community meetings. Results from the community outreach were used in developing conceptual design plans.

On June 8, 2023, staff presented an ideal concept design (Reach Concept) to the City Council. The City Council provided input to the conceptual design and directed staff to prepare a final concept plan that meets projected available funding, includes opportunities to enhance design if additional funding is obtained, and return to the City Council in July.

Discussion: The Final Conceptual Design (Attachment 1) is based on the Reach Concept and the “Marine and Shoreline” theme. The conceptual design includes seating sprinkled throughout the play area with shade provided by existing and new trees. The all-inclusive playground is surrounded by a 48-inch-tall fence with two openings: 1) a main entrance close to the Community Center parking lot; and 2) a second entrance farther south adjacent to the baseball field, accessible off the existing pathway that connects to the east parking area. Different zones are created within the playground: climb and slide, swing and sway, tot, sensory and game zones. Each zone is designed to allow for different physical and cognitive engagements.
 Climb and Slide Zone – Located in the southwest section of the playground is the ship themed composite play structure, designed for children aged 5 to 12. With two slides, a bridge, a climbing apparatus with hoops and rocks on rubber resilient surfacing, and a lookout area at the top of the tower, it is the main play feature in the playground.
 Swing and Sway Zone – Located in the northwest section of the playground, a new 3-bay swing with two belts, two buckets, and one molded bucket seat will replace the two existing standard swing bays to allow for more inclusive play. This area also hosts spin-type play equipment, including an inclusive whirl.
 Tot Zone –Located at the east end of the main playground is the tot play area of the playground, intended for children between the ages of 2 and 5 years old. The tot play ship structure and embankment slides are the anchors for this zone.
 Sensory Zone – Located south of the Tot Zone, this zone will be equipped with sound generating play equipment, such as a percussion box and rimba.
 Game Zone – Located adjacent to the south entrance, picnic and game tables provide users with separation from other zones that offer more physically oriented play. 171
Item 8 C.

The Final Conceptual Design is very similar to the Reach Concept design but reduces the overall scope of the project while retaining all design zones. Below are highlights of the changes from the Reach Concept, which was presented to the City Council on June 8th:
 Reduction of footprint – The Final Conceptual Design reduces the square footage of the project by approximately 25%. The funding gap between the Reach Concept and current project allocation is approximately $750,000. The sitework (grading, drainage, utilities, hardscape, etc.) is approximately 40% of the total project costs, necessitating the reduction of site footprint to meet anticipated project funding. The Final Conceptual Design reduced the funding gap to $345,000.  Reduction of elements – The Final Conceptual Design removes the following elements: spinner for children aged 5 to 12, roller slide, tot spinner, tot bouncer, and kinderbells. However, the layout of the Final Conceptual Design has been configured in such a way that if additional funding is identified, these elements may be re-incorporated into the playground without the need to expand the playground footprint. The additional cost of incorporating all of these elements is approximately $130,000. This Enhanced Conceptual Design Plan is included as Attachment 2.

The final design phase, preparation of project plans, specifications, and final cost estimate (PS&E) will run concurrent with fundraising efforts, commencing when fundraising has met 75% of the target goal of $1M. Staff will seek City Council approval of PS&E prior to advertising and bidding the project at the conclusion of the funding campaign. The anticipated project schedule is shown below:

Table. 1 Anticipated Project Schedule
Milestone Anticipated Date Range
Approval of Final Design July 2023
Fundraising Summer 2023 – Winter 2024
Approval of PS&E Winter 2024
Bid Period/Award Winter 2024 – 2025
Construction Spring 2025
Fiscal Impact: No fiscal impact is anticipated with this action. Staff will provide updates regarding fundraising efforts to the Council and will return to the Council with an amendment to the Verde Design contract for development of construction documents once 75% of fundraising goals have been met. Staff will seek additional funding to close the $345,000 funding gap. Estimated project costs are summarized in Table 2 below.

Table 2. Estimate Project Costs
Allocations
FY22/23 $275,000
FY23/24 $200,000
Fundraising $850,000
Total Allocation $1,325,000
Estimated Project Cost
Final Conceptual Design Enhanced Design
Design Costs $177,000 $177,000
Construction Costs $1,157,000 $1,257,000
Soft Costs $209,000 $227,000
Contingencies $127,000 $138,000
Total Costs $1,670,000 $1,799,000
172
Item 8 C.

California Environmental Quality Act (CEQA): CEQA for the Jade Street Park UA Park Project has not yet been completed, pending final PS&E. A Categorical Exemption is anticipated on this project. The project area is an existing playground and no substantial use change is proposed with this project. Upon completion of the CEQA review and if the City determines the project is exempt from CEQA requirements, the next step for the City on this project will be to file a Notice of Exemption finding that the park renovation is categorically exempt from CEQA per Section 15301 ("Class 1") of the CEQA Guidelines, which exempts repair and maintenance of existing structures and facilities, involving negligible or no expansion of use.

Attachments:

1. Final Conceptual Design Plan and Estimate

2. Enhanced Conceptual Design Plan and Estimate
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Chloé Woodmansee, Assistant to the City Manager; Tamar Burke, Assistant City Attorney
Approved By: Jamie Goldstein, City Manager
173
Item 8 C.
174
Item 8 C.

Jade Street Playground Project - Preferred Plan July 18, 2023 City of Capitola Verde Design Inc.

Preliminary Construction Cost Estimate Completed by: DL VERDE DESIGN PROJECT NO. 2300300 Reviewed by: TY
Cost Estimate: Play Area $1,157,089
Cost Estimate: Play Area with Construction Contingencies $1,492,644

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 Site Clearing and Demolition $54,538.60
Tree Protection 5 ea. $500.00 $2,500.00
Spray, Clear, Grub and Strip existing landscape areas 16,425 sf $0.50 $8,212.50 Demolish DG Paving 1,224 sf $2.50 $3,060.00
Demolish and Remove Existing Play Equipment 1 allow $20,000.00 $20,000.00 Demolish Hardscape 896 sf $1.60 $1,433.60
Demolish 24'' Concrete Curb at Play Area 405 lf $10.00 $4,050.00 Demolish Concrete Edgeband 51 sf $15.00 $765.00
Remove and Reused at Dog Walkway 9,235 sf $0.50 $4,617.50 Remove and Salvage Bench 6 ea. $200.00 $1,200.00
Remove and Salvage Trash Receptcle 3 ea. $200.00 $600.00 Remove Drinking Fountain 1 ea. $1,000.00 $1,000.00
Remove Signage 1 ea. $500.00 $500.00
Remove Irrigation Pipe, Valves, and Heads, and Cap Main and Lateral Lines 1 ls $1,500.00 $1,500.00 Demolish and Remove Existing Tree 3 ea. $1,200.00 $3,600.00 Miscellaneous Demolition 1 ls $1,500.00 $1,500.00
2 Site Grading and Earthwork $60,201.93
Rough Grading 31,049 sf $1.40 $43,468.60
Off-haul and Disposal (allowance 6'') 279 cy $60.00 $16,733.33 3 Drainage / Utilities $56,277.83
Drainage 14,122 sf $2.50 $35,305.00
Drainage Point of Connection 1 ls $1,500.00 $1,500.00
C3 Area (Hardscape)
Biofiltration Soil -24'' 69 cy $85.00 $5,899.63
Biofiltration Drain Rock Base - 24'' depth 937 sf $3.60 $3,373.20 6" Perforated Underdrain 80 lf $60.00 $4,800.00
Cleanouts 2 ea $500.00 $1,000.00
Rasied Catch Basin -18'' 2 ea $2,200.00 $4,400.00
4 Hardscape $352,768.00
Std. Concrete Paving - Pedestrian 3,621 sf $14.00 $50,694.00 Concrete Paving with Thickened Edge 487 lf $50.00 $24,350.00 Resilient Surfacing with Aggregate Base 7,814 sf $25.00 $195,350.00 Resilient Surfacing at Sloped Concrete Slab at Toddler Play Area 451 sf $40.00 $18,040.00 Resilient Wood Walkway on Grade w/ recycled Existing Wood Fiber 0 sf $1.75 $0.00 Wood Header at Resilient Wood Walkway 633 lf $8.00 $5,064.00 Concrete Seating Pad 1 ea $2,000.00 $2,000.00
Concrete Trike Track 1,520 sf $14.00 $21,280.00
Sloped Walkway at Toddler Area - Concrete Paving 515 sf $25.00 $12,875.00 Edgeband / Curb
12'' Wide Concrete Edgeband 46 lf $75.00 $3,450.00
6'' Wide Concrete Curb 81 lf $65.00 $5,265.00
12'' Wide Concrete Curb 92 lf $100.00 $9,200.00
Footing for Sloped Concrete at Resilient Surfacing 80 lf $65.00 $5,200.00 5 Gatway & Fencing $89,675.00
Entry Monument 1 ls $50,000.00 $50,000.00
48'' Tall Metal Fence 405 lf $95.00 $38,475.00
Handrail at Climbing Slope 10 lf $120.00 $1,200.00
6 Site Furnishings $20,528.00
Group Picnic Table - 4 Seat w/ 1 ADA 3 ea. $3,528.00 $10,584.00 Reinstall Existing Bench 6 ea $200.00 $1,200.00
Game Table 1 ea. $2,344.00 $2,344.00
Reinstall Existing Trash Receptcle 2 ea. $200.00 $400.00 Banner Pole 1 ea. $2,500.00 $2,500.00
Communication Board 1 ea. $3,500.00 $3,500.00
175
Item 8 C.
7 Playground Equipment $399,786.04
5-12 Years PlayArea
Climber and Slide Zone
5-12 Composite play Struture (simplified) 1 ea. $145,000.00 $145,000.00 Burke 4 Seat Orb Rocker 1 ea. $8,550.00 $8,550.00
Swing and Sway Zone
3-Bay Swing w/ (2) Belt, (2) Full Bucket & (1) Molded Bucket seats 1 ea. $12,000.00 $12,000.00 Volta Spinner 1 ea. $8,000.00 $8,000.00
Inclusive Whirl (Gametime) 1 ea. $18,000.00 $18,000.00
Tot Play
Climber and Slide Zone
Small Embankment Slide 2 ea. $3,000.00 $6,000.00
Cozy Dome 1 ea. $5,680.00 $5,680.00
Novo Teardrop Counter Climber 1 ea. $3,000.00 $3,000.00 Imagination Play Ship 1 ea. $17,995.00 $17,995.00
Whimsy Rider Dolphin w/ Coil Spring 2 ea. $1,840.00 $3,680.00 Hillside Loop Climber 2 ea. $180.00 $360.00
Rock Climber 1 ls $1,250.00 $1,250.00
Rubber Ball Climber 4 ea. $180.00 $720.00
Sensory Play Zone
Percussion Cajon Box 2 ea. $2,500.00 $5,000.00
Sansa Rimba 1 ea. $3,800.00 $3,800.00
Play Equipment Subtotal Estimate: $239,035.00
Tax, 9.25% $22,110.74
Freight, approx. 10% $23,903.50
Installation, approx. 35% $83,662.25
Contractor mark-up, at 10% $23,903.50
Manufacturer's schedule surcharge 3% $7,171.05
8 Irrigation and Planting $123,313.10
Planting (Shrubs, Ground Covers, Mulch, Fine Grading) 2138 sf $2.50 $5,345.00 Sod Grass 6102 sf $2.30 $14,034.60
Native Hydroseed 6726 sf $0.50 $3,363.00
Tree 15 gallon 36 ea. $800.00 $28,800.00
Bark Mulch 8,864 sf $0.75 $6,648.00
Landscape - 90 day Maintenance Period 14,966 sf $0.25 $3,741.50 Irrigation (Main/Lateral Line, Drip & Bubbler) 14,966 sf $3.50 $52,381.00 Remote Control Valves 3 ea. $1,000.00 $3,000.00
Quick Coupler Valves 3 ea. $500.00 $1,500.00
Gate Valves 4 ea. $500.00 $2,000.00
Wiring 1 ls $1,000.00 $1,000.00
Retrofit Existing Irrigation 1 ls $1,500.00 $1,500.00
Estimated Construction Subtotal $1,157,088.50
Survey, Permits, Traffic, SWPPP, etc. - 3% $34,713.00
Mobilization, Bonding & Project Management -10% $115,709.00 Bidding & Inflation Contingency 5% (First Year) $57,854.00 Construction Contingency 6% $69,425.00
Design Contingency 5% $57,854.00
Total Estimated Project Field Construction Costs: $1,492,643.50 176
Item 8 C.
177
Item 8 C.

Jade Street Playground Project - Enhanced Plan July 18, 2023 City of Capitola Verde Design Inc.

Preliminary Construction Cost Estimate Completed by: DL VERDE DESIGN PROJECT NO. 2300300 Reviewed by: TY
Cost Estimate: Play Area $1,257,385
Cost Estimate: Play Area with Construction Contingencies $1,622,027

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 Site Clearing and Demolition $54,538.60
Tree Protection 5 ea. $500.00 $2,500.00
Spray, Clear, Grub and Strip existing landscape areas 16,425 sf $0.50 $8,212.50 Demolish DG Paving 1,224 sf $2.50 $3,060.00
Demolish and Remove Existing Play Equipment 1 allow $20,000.00 $20,000.00 Demolish Hardscape 896 sf $1.60 $1,433.60
Demolish 24'' Concrete Curb at Play Area 405 lf $10.00 $4,050.00 Demolish Concrete Edgeband 51 sf $15.00 $765.00
Remove and Reused at Dog Walkway 9,235 sf $0.50 $4,617.50 Remove and Salvage Bench 6 ea. $200.00 $1,200.00
Remove and Salvage Trash Receptcle 3 ea. $200.00 $600.00 Remove Drinking Fountain 1 ea. $1,000.00 $1,000.00
Remove Signage 1 ea. $500.00 $500.00
Remove Irrigation Pipe, Valves, and Heads, and Cap Main and Lateral Lines 1 ls $1,500.00 $1,500.00 Demolish and Remove Existing Tree 3 ea. $1,200.00 $3,600.00 Miscellaneous Demolition 1 ls $1,500.00 $1,500.00
2 Site Grading and Earthwork $60,201.93
Rough Grading 31,049 sf $1.40 $43,468.60
Off-haul and Disposal (allowance 6'') 279 cy $60.00 $16,733.33 3 Drainage / Utilities $56,287.73
Drainage 14,122 sf $2.50 $35,305.00
Drainage Point of Connection 1 ls $1,500.00 $1,500.00
C3 Area (Hardscape)
Biofiltration Soil -24'' 69 cy $85.00 $5,905.93
Biofiltration Drain Rock Base - 24'' depth 938 sf $3.60 $3,376.80 6" Perforated Underdrain 80 lf $60.00 $4,800.00
Cleanouts 2 ea $500.00 $1,000.00
Rasied Catch Basin -18'' 2 ea $2,200.00 $4,400.00
4 Hardscape $363,436.00
Std. Concrete Paving - Pedestrian 4,383 sf $14.00 $61,362.00 Concrete Paving with Thickened Edge 487 lf $50.00 $24,350.00 Resilient Surfacing with Aggregate Base 7,814 sf $25.00 $195,350.00 Resilient Surfacing at Sloped Concrete Slab at Toddler Play Area 451 sf $40.00 $18,040.00 Resilient Wood Walkway on Grade with recycled Existing Wood Fiber 0 sf $1.75 $0.00 Wood Header at Resilient Wood Walkway 633 lf $8.00 $5,064.00 Concrete Seating Pad 1 ea $2,000.00 $2,000.00
Concrete Trike Track 1,520 sf $14.00 $21,280.00
Sloped Walkway at Toddler Area - Concrete Paving 515 sf $25.00 $12,875.00 Edgeband / Curb
12'' Wide Concrete Edgeband 46 lf $75.00 $3,450.00
6'' Wide Concrete Curb 81 lf $65.00 $5,265.00
12'' Wide Concrete Curb 92 lf $100.00 $9,200.00
Footing for Sloped Concrete at Resilient Surfacing 80 lf $65.00 $5,200.00 5 Gatway & Fencing $92,810.00
Entry Monument 1 ls $50,000.00 $50,000.00
48'' Tall Metal Fence 438 lf $95.00 $41,610.00
Handrail at Climbing Slope 10 lf $120.00 $1,200.00
6 Site Furnishings $38,586.00
Group Picnic Table 3 ea. $3,528.00 $10,584.00
Reinstall Existing Bench 6 ea $200.00 $1,200.00
Game Table 3 ea. $2,344.00 $7,032.00
Picnic Table - 4 Seats 3 ea $2,790.00 $8,370.00
Reinstall Existing Trash Receptcle 2 ea. $200.00 $400.00 Banner Pole 3 ea. $2,500.00 $7,500.00
Communication Board 1 ea. $3,500.00 $3,500.00
178
Item 8 C.
7 Playground Equipment $468,851.93
5-12 Years PlayArea
Climber and Slide Zone
5-12 Composite play Struture 1 ea. $145,000.00 $145,000.00 Burke 4 Seat Orb Rocker 1 ea. $8,550.00 $8,550.00
Swing and Sway Zone
3-Bay Swing w/ (2) Belt, (2) Full Bucket & (2) Molded Bucket seats 1 ea. $13,500.00 $13,500.00 ADA Cyclone Spinner 1 ea. $22,500.00 $22,500.00
Inclusive Whirl (Gametime) 1 ea. $18,000.00 $18,000.00
Swift Twist Spinner 1 ea. $1,800.00 $1,800.00
Tot Play
Climber and Slide Zone
Small Embankment Slide 1 ea. $3,000.00 $3,000.00
Roller Slide 1 ea. $9,195.00 $9,195.00
Cozy Dome 1 ea. $5,680.00 $5,680.00
Novo Teardrop Counter Climber 1 ea. $3,000.00 $3,000.00 Imagination Play Ship 1 ea. $17,995.00 $17,995.00
Whimsy Rider Dolphin w/ Coil Spring 2 ea. $1,840.00 $3,680.00 KidForce Spinner 2 ea. $1,000.00 $2,000.00
ReviRock Bouncer 1 ea. $5,300.00 $5,300.00
Hillside Loop Climber 2 ea. $180.00 $360.00
Rock Climber 1 ls $1,250.00 $1,250.00
Rubber Ball Climber 4 ea. $180.00 $720.00
Sensory Play Zone
Percussion Cajon Box 2 ea. $2,500.00 $5,000.00
Sansa Rimba 1 ea. $3,800.00 $3,800.00
Kinderbells 1 ea. $10,000.00 $10,000.00
Play Equipment Subtotal Estimate: $280,330.00
Tax, 9.25% $25,930.53
Freight, approx. 10% $28,033.00
Installation, approx. 35% $98,115.50
Contractor mark-up, at 10% $28,033.00
Manufacturer's schedule surcharge 3% $8,409.90
8 Irrigation and Planting $122,673.10
Planting (Shrubs, Ground Covers, Mulch, Fine Grading) 1734 sf $2.50 $4,335.00 Sod Grass 6262 sf $2.30 $14,402.60
Native Hydroseed 6970 sf $0.50 $3,485.00
Tree 15 gallon 36 ea. $800.00 $28,800.00
Bark Mulch 8,704 sf $0.75 $6,528.00
Landscape - 90 day Maintenance Period 14,966 sf $0.25 $3,741.50 Irrigation (Main/Lateral Line, Drip & Bubbler) 14,966 sf $3.50 $52,381.00 Remote Control Valves 3 ea. $1,000.00 $3,000.00
Quick Coupler Valves 3 ea. $500.00 $1,500.00
Gate Valves 4 ea. $500.00 $2,000.00
Wiring 1 ls $1,000.00 $1,000.00
Retrofit Existing Irrigation 1 ls $1,500.00 $1,500.00
Estimated Construction Subtotal $1,257,385.28
Survey, Permits, Traffic, SWPPP, etc. - 3% $37,722.00
Mobilization, Bonding & Project Management -10% $125,739.00 Bidding & Inflation Contingency 5% (First Year) $62,869.00 Construction Contingency 6% $75,443.00
Design Contingency 5% $62,869.00
Total Estimated Project Field Construction Costs: $1,622,027.28 179
Item 8 C.

Jade Street Park
Universally
Accessible
Playground
Final Conceptual
Design
City Council
July 27, 2023
180
Item 8 C.
• Friends of County Parks fundraising campiegn
Replace an existing 1999/2007 playground with an allinclusive play area • Community outreach efforts (online surveys, two on-site pop-up events, two community meetings)
• Development of Conceptual Design
February 9, 2023 agreement with Verde Design
June 8, 2023 Reach Concept considered by Council
Background
Playground Final Conceptual Design
181
Item 8 C.
• PLACEHOLDER FOR VERDE SLIDES
Final Concept Design
Playground Final Conceptual Design
182
Item 8 C.

Allocations
FY22/23 $275,000
FY23/24 $200,000
Fundraising $850,000
Total Allocation $1,325,000
Estimated Project Costs
Final Conceptual
Design Enhanced Design
Design Costs $177,000 $177,000
Construction
Costs $1,157,000 $1,257,000
Soft Costs $209,000 $227,000
Contingencies $127,000 $138,000
Total Costs $1,670,000 $1,799,000
Shortfall $345,000 $474,000
Cost Estimate
Playground Final Conceptual Design
183
Item 8 C.

Milestone Anticipated Date Range
Approval of Final Design July 2023
Fundraising Summer 2023 – Winter 2024
Approval of PS&E Winter 2024
Bid Period/Award Winter 2024 – 2025
Construction Spring 2025
Anticipated Schedule
Playground Final Conceptual Design
184
Item 8 C.

Future Council Meetings
• Updates regarding fundraising efforts including
$345,000 funding gap
• Amendment to the Verde Design contract for PS&E at
75% of fundraising goals
Recommendation
• Approve the Final Conceptual Design for the Jade
Street Park Universally Accessible (UA) Playground
Project
Recommendation
Playground Final Conceptual Design
185
Item 8 C.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Public Works Department
Subject: Community Center Renovation Project – Budget Update Recommended Action: 1) Receive update on external funding sources for the Community Center Renovation Project; and 2) authorize Amendment 1 to the Professional Services Agreement with Boone Low Ratliff Architects in the amount of $374,000 for final design documents, bidding support, and construction administration for the Community Center Renovation Project.

Background: On November 22, 2022, the City Council authorized the City Manager to sign a Long-Term Use Agreement (LUTA) between the City of Capitola and Soquel Union Elementary School District for the Jade Street Park Property, including the Capitola Community Center. The agreement requires the City to complete certain specific infrastructure improvements to the Community Center within four years.

Additional “ancillary” improvements, such as replacement of flooring and partitions, are also specified as intended improvements to be made by the City. The construction costs for infrastructure and ancillary improvements included in the lease were estimated at $1.45M at the time of lease execution.

On February 23, 2023, the City Council authorized an agreement with Boone Low Ratliff Architects (BLRA) for the design of the remodel of the Community Center, inclusive of site analysis, preparation of conceptual design, and development of initial construction documents. Staff and BLRA presented a conceptual design for the Community Center Renovation Project (Project) at the June 8, 2023 Council meeting (Attachment 1). The conceptual design cost estimate of $4.7M was significantly above the anticipated construction budget of $1.4M. Costs overages are generally attributed to more extensive exterior renovations (inclusive of the roof), HVAC, and electrical system needs that originally anticipated.

The City Council directed staff to seek external funding sources for the Project and return in September with an update.

Staff was notified in mid-June that the City was allocated $1.0M for the Project in the 2023 State Budget through the Natural Resources Agency (California State Parks). The City also received allocations for the Wharf Resiliency Project and for debris diverters on Stockton Bridge, in the amount of $500k each.

Discussion: In addition to State funding allocations, staff is in the process of preparing an application for Community Development Block Grant (CDBG) funding in the maximum amount of $3.5M. Staff anticipates the Notices of Funding Availability for 2023 will be issued in the next month. If unsuccessful in the current round, the City may reapply in 2024. The CDBG program requires a “shovel ready project” at time of grant award, which may be in early or mid-2024 dependent on success of the application(s).

As required by the CDBG program, a public hearing on the CDBG application will be held in August and a resolution brought to the City Council for approval during the August 24, 2023 meeting.

Considering secured and potential additional funding, Staff recommends completing construction documents for the conceptual plan presented during the June 8, 2023, City Council meeting. As the funding from CBDG is not yet secured, the project would be designed to allow for two-phase construction.

Phase A will consist of the infrastructure improvements specified in the LUTA. These improvements are estimated at $2.3M and are fully funded with the funds allocated in the FY23-24 budget and the $1M allocated to the Project in the state budget. Phase B will consist of the ancillary improvements specified in the LUTA. Phase B will be structured so that some, or all, of the improvements can be constructed within Phase A dependent on additional funding and bid pricing. 186
Item 8 D.

The current BLRA contract needs to be amended to complete final design documents, bidding support, and construction administration. It was not anticipated that the Project would require approval from the Division of the State Architect (DSA). This type of review is typically only required for active school sites, however any construction funded through State Parks also requires DSA review. Additionally, it was not anticipated the Project would require phasing at time of contract execution. Additional design needs have also been identified since contract execution, such as roof replacement and electrical service upgrades.

The BLRA contract amendment of $374k (Attachment 2), reflects these changes in scope. This brings the total design fee to $524k, approximately 10% of the estimated $5.0M total project (Phases A and B).

Fiscal Impact: $150k was expended on the design of the Project in FY22-23. Currently $1.65M is included in the FY 23-24 budget for the completion of design and construction of this project. $1.0M has been awarded to the Project through California State Parks. As stated above, CDBG grant awards are anticipated for early or mid-2024.

Amending the BLRA contract for an additional $374k will produce construction documents with the flexibility to construct improvements under different funding scenarios, summarized below.

Table 1. Project Costs and Funding
Project Costs
Construction Scope Phase A Phase A & B
Conceptual Design $ 150,000 $ 150,000
Final Design $ 374,000 $ 374,000
Construction $ 2,300,000 $ 5,000,000
Total Project Costs $ 2,824,000 $ 5,465,000
Project Funding
FY22-23 City Budget $ 150,000 $ 150,000
FY23-24 City Budget $ 1,650,000 $ 1,650,000
State Parks Allocation $ 1,000,000 $ 1,000,000
CDBG Grant --- $ 3,500,000
Total Project Funding $ 2,800,000 $ 6,300,000
California Environmental Quality Act (CEQA): This action, i.e. approval of the contract amendment, is not a “project” under CEQA. CEQA review for the Community Center Renovation Project has not yet been completed, pending final PS&E. A Categorical Exemption is anticipated on this project. The project area is an existing faciality and no substantial use change is proposed with this project. If federal funding is awarded for this project, it will also require NEPA review. A Categorical Exclusion is anticipated on this project. Staff will return to Council with the environmental determinations with the approval of the final PS&E and Coastal Development Permit for the project.

Attachments:

1. Community Center Renovation Project Conceptual Design

2. Boone Low Ratliff Architects Contract Amendment No. 1

3. Boone Low Ratliff Architects Phase 2 Scope of Work
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Tamar Burke, Assistant City Attorney Approved By: Jamie Goldstein, City Manager
187
Item 8 D.

D
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Job: She
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Date: Scale: Drawn: R

EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
BY
A2.0
PlottedOn:5/15/23
5/15/23

ASNOTED

SITE PLAN
4400 JADE STREETCAPITOLA, CA 95010CAPITOLA COMMUNITY CENTER REMODEL SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 051123.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com IF

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

THROUGHCONSTRUCTION
DOCUMENTS.
157VANNESSAVE | SANTACRUZCA95060
N20' 10' 10' 20' 7'-8 9/16"

JADESTREET

COMMUNITY
CENTER

PLAYGROUND

BASEBALL

DIAMOND
additional

PARKING
44spaces

PARKING
45spaces
1 SCALE:1"=20'

SITEPLAN
188
Item 8 D.

DATE
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Scale:

Drawn:

REVISIONS
CONCEPTUAL 5/15/23

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IF THE ABOVE DIMENSION DOES
NOT MEASURE ONE INCH (1")

EXACTLY, THIS DRAWING WILL HAVE

BEEN ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
157 VAN NESS AVE | SANTA CRUZ CA 95060
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0" T.O.S. @ 70'-10"
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1 A4.0
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(N) WINDOW
REPLACE (E) 2 FOUNTAINS
WITH 1 ACCESSIBLE FOUNTAIN
& WATER BOTTLE FILLING STATION

REMOVE (E)
WALLS @ RECEPTION &

ADD (N) POST AT CORNER
(N) ACCESSIBLE

HANDWASHING SINK

WITH KNEE SPACE
RIM <34" AFF
36" ACCESSIBLE

WORK SURFACE

KNEE CLEARANCE
27"H X 19" DEEP MIN.
36" ACCESSIBLE

WORK SURFACE

KNEE CLEARANCE
27"H X 19" DEEP MIN.
3-COMPARTMENT SINK
RIM <34" AFF 1-BOWL
TO PROVIDE KNEE @

TOE CLEARANCE

UNDER-COUNTER

REMOVABLE STORAGE

UNDER-COUNTER

REMOVABLE STORAGE

SET BACK WALL TO ALLOW

ACCESSIBLE CLEARANCE

AT DOOR
(N) 6-RING

COMMERCIAL RANGE

ELECTRIC
(N) SLIDING WINDOW

FOR PASS-THROUGH
(N) QUIETFOLD FOLDING

ACOUSTIC PARTITION

SET BACK WALL TO ALLOW

ACCESSIBLE CLEARANCE

AT DOOR
(N) WINDOW
(N) tv
owner's own
(N) tv
owner's own
(N) tv
owner's own
(N) ballet bar @ 42" aff
2'-6" x 3'-6"
(N) island
worksurface
(N) SCREEN

PARTITION

PRINTER

WATER COOLER
(N) COMMUNITY CENTER SIGNAGE

LOCATION & TYPE TBD
(N) ACCESSIBLE counter
<34" AFF for 36" min. WIDTH
@ (N) BUILT-IN RECEPTION
DESK

BACK OFFICE
suite A
(N) DIRECTORS
OFFICE

RECEPTION
MECH
ROOM
LOBBY

KITCHEN

PANTRY &

KITCHEN

STORAGE
HALL HALL 2
MEN'S

RESTROOM

WOMEN'S

RESTROOM
ENTRY

REFUSE AREA
STO.

OFFICE

STORAGE

MEETING ROOM
A

MEETING ROOM
B

MEETING ROOM
C

PATIO B

PATIO A

PATIO C
(N) FRONT
OFFICE
(E)

JANITOR

STORAGE
C
STO.

STORAGE
A

PULL-DOWN
access
to attic
storage
(N) non-gender
accessible
restroom
STO.

TABLE
6' DIA.

TABLE
8' LONG
TABLE
6' LONG

ELECTRICAL ELECTRICAL

STORAGE
B

BACK OFFICE
suite B
1 SCALE: 1/4" = 1'-0"

PROPOSED FIRST FLOOR PLAN
189
Item 8 D.

D
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EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
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A3.1
PlottedOn:5/15/23
5/15/23

ASNOTED

PROPOSED ATTIC PLAN
4400 JADE STREETCAPITOLA, CA 95010CAPITOLA COMMUNITY CENTER REMODEL SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 051123.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com IF

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

THROUGHCONSTRUCTION
DOCUMENTS.
157VANNESSAVE | SANTACRUZCA95060
W8W8W8W8W8W8W8W8W8W8
D5A
D5aN
D5A
D5A
W9
W10
W10
W9
11 22
33 44
55 66
77 88
99 1010
1111
AABBCCDDEEFFGGHHJJKKLLMMNN00
1 A4.0
1 A4.1
2 A4.1
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A5.2
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A5.1
C
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A5.0
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6'-8"
2'-6"

OPENINGTOSTORAGE

ATTICWITHPULL-DOWN
LADDER

SUSPENDEDVERTICAL

ACOUSTICPANELS
uplightingat
soffits,typ.
uplightingat
soffits,typ.
uplightingat
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(N)ceiling
atoffice

EXTENSION

DASHEDLINE INDICATES
EDGEOFBUILDING@

FIRSTFLOOR

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REPLACE(E)ACCESS

HATCHWITH(N)

EXTERIOR
ROOFWELL3

EXTERIOR
ROOFWELL2

EXTERIOR
ROOFWELL4
32"X48"

SKYLIGHT
32"X48"

SKYLIGHT
(E)

STORAGE
ATTIC2
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ACCESS
ATTIC3
OPENTO
BELOW
OPENTO
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(E)SOFFITOVER

DOORWAY

ADD(N)PLYWOOD

FLOORINGOVER(E)

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ADD(N)PLYWOOD

FLOORINGOVER(E)

JOISTSTHROUGHOUT

EXTERIOR
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REPLACE(E)BUILT-UP

ROOFWITH(N)SINGLE-PLY

MEMBRANECOOLROOF

REPLACE(E)BUILT-UP

ROOFWITH(N)SINGLE-PLY

MEMBRANECOOLROOF

REPLACE(E)BUILT-UP

ROOFWITH(N)SINGLE-PLY

MEMBRANECOOLROOF
(N)SINGLE-PLY

MEMBRANECOOLROOF
(N)PLYWOODFLOORON(E)

ATTICJOISTS

SOFFITS

VOIDBELOW

ATTICPLANLEGEND

DASHEDLINE INDICATESOUTLINEOFBUILDINGBELOW

DASHEDLINE INDICATESOUTLINEOFBUILDINGBELOW
1 SCALE:1/4"=1'-0"

ATTICFLOORPLAN
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D
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Job: She
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Date: Scale: Drawn: R

EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
BY
A3.2
PlottedOn:5/15/23
5/15/23

ASNOTED

PROPOSED ROOF PLAN
4400 JADE STREETCAPITOLA, CA 95010CAPITOLA COMMUNITY CENTER REMODEL SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 051123.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com IF

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

THROUGHCONSTRUCTION
DOCUMENTS.
157VANNESSAVE | SANTACRUZCA95060
11 22
33 44
55 66
77 88
99 1010
1111
AABBCCDDEEFFGGHHJJKKLLMMNN00
72'-0"
104'-0"
72'-0"
24'-0"
8'-0"
24'-0"16'-0"16'-0"24'-0"
8'-0"

CUTBACK(E)ENTRY

ROOFANDRAFTERS
TOHERE.ADD(N)BEAM

REMOVE(E)LOW
BEAM
4 in 12 slope 4 in 12 slope
4 in12slope4 in12slope
(E)ROOFFRAMINGTOREMAIN
(N)STANDINGSEAMMETALROOF,
TYP.
(N)ROOFSECTION(N)ROOFSECTION
(N)ROOFSECTION
(N) ROOF SECTION

VOIDOVER
ROOFWELL3

VOIDOVER
ROOFWELL4

VOIDOVER
ROOFWELL2

VOIDOVER
ROOFWELL1

DASHEDLINE INDICATESOUTLINEOFBUILDINGBELOW

DASHEDLINE INDICATESOUTLINEOFBUILDINGBELOW
1 SCALE:1/4"=1'-0"

PROPOSEDROOFPLAN
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EVISIONS

CONCEPTUAL
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5/15/23

ASNOTED
PROPOSED BUILDING ELEVATIONS - OPTION 1
4400 JADE STREETCAPITOLA, CA 95010CAPITOLA COMMUNITY CENTER REMODEL SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 051123.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com IF

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

THROUGHCONSTRUCTION
DOCUMENTS.
157VANNESSAVE | SANTACRUZCA95060
AABBCCDDEEFFGGHHJJKKLLMMNN00
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT
W4W4
W4
W4W4W4W4
W4
W2
D1
W2
W4
W4
W4
W4
1 2
2 2
2 4
4 4
4 4
4 4
5 5
5 5
6 6
6 6
7 7
7 7
7 00NNMMLLKKJJHHGGFFEEDDCCBBAA
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT
123456
1 1
1 1
1 2
2 2
2 2
2 2
2 3
3 555
5 6
6 6
7 7
4 44

STANDINGSEAMMETALROOF
FIBERCEMENT6"HORIZONTALSIDINGWHITE/WARMGREYCOLOR
FIBERCEMENT6"HORIZONTALSIDING'WOOD'FINISH.TRESPAPURA

WOODDECOR,OREQUAL
EXPOSEDCONCRETECOLUMNS.SANDBLAST(E)TOEXPOSE

WOODRAFTERSANDBEAMSWITHCOPPERCAPS
FIBERCEMENT4"VERTICALSIDING.PAINTFINISH.COLORSASSHOWN
(E)STUCCOWALLTOBEREPAIREDANDREPAINTED

EXTERIORELEVATIONLEGEND
1 SCALE:1/4"=1'-0"

PROPOSEDSOUTHELEVATION
2 SCALE:1/4"=1'-0"

NORTHELEVATION
192
Item 8 D.

D
ATE
Job: She
et
Date: Scale: Drawn: R

EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
BY
A4.1
PlottedOn:5/15/23
5/15/23

ASNOTED
PROPOSED BUILDING ELEVATIONS (CONT) - OPTION 1
4400 JADE STREETCAPITOLA, CA 95010CAPITOLA COMMUNITY CENTER REMODEL SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 051123.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com IF

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

THROUGHCONSTRUCTION
DOCUMENTS.
157VANNESSAVE | SANTACRUZCA95060
11223344556677889910
10 11
11 ±0"
1FIRSTFLOOR
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT
+10'-1"
3TRUSSHEIGHT
W9W10
W1
D1
W1
W5NW7
1234567
1 1
1 2
2 3
3 3
3 4
44 4
4 5
5 5
66 6
7 7
7 STANDINGSEAMMETALROOF
FIBERCEMENT6"HORIZONTALSIDINGWHITE/WARMGREYCOLOR
FIBERCEMENT6"HORIZONTALSIDING'WOOD'FINISH.TRESPAPURA

WOODDECOR,OREQUAL
EXPOSEDCONCRETECOLUMNS.SANDBLAST(E)TOEXPOSE

WOODRAFTERSANDBEAMSWITHCOPPERCAPS
FIBERCEMENT4"VERTICALSIDING.PAINTFINISH.COLORSASSHOWN
(E)STUCCOWALLTOBEREPAIREDANDREPAINTED

EXTERIORELEVATIONLEGEND
11 11
10 10
998877665544332211
±0"
1FIRSTFLOOR
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT
+10'-1"
3TRUSSHEIGHT
W9
W10
W6
D2N
W1
D1
W1
1 1
1 2
2 2
2 2
3 3
3 7
7 7
4 4
4 4
4 5
5 5
66 6
1 SCALE:1/4"=1'-0"

PROPOSEDEASTELEVATION
2 SCALE:1/4"=1'-0"

PROPOSEDWESTELEVATION
193
Item 8 D.

D
ATE
Job: She
et
Date: Scale: Drawn: R

EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
BY
A5.0
PlottedOn:5/15/23
5/15/23

ASNOTED

PROPOSED BUILDING SECTIONS
4400 JADE STREETCAPITOLA, CA 95010CAPITOLA COMMUNITY CENTER REMODEL SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 051123.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com IF

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

PATIOB
HALL1
(E)WOMEN'SRESTROOM
ROOF
WELL
STO.ASTO.B
STO.JANITOR
11223344556677889910
10 11
11 ±0"
1FIRSTFLOOR
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT
+10'-1"
3TRUSSHEIGHT
(E)storageattic2

MEETINGROOMC
LOBBY
ATTIC3

RECEPTION
ENTRY
A
SCALE:1/4"=1'-0"

PROPOSEDSECTIONA
B
SCALE:1/4"=1'-0"

PROPOSEDSECTIONB
194
Item 8 D.

D
ATE
Job: She
et
Date: Scale: Drawn: R

EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
BY
A5.1
PlottedOn:5/15/23
5/15/23

ASNOTED

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

MEETINGROOMC

KITCHEN

ROOFWELL
REFUSE
AREA
C
SCALE:1/4"=1'-0"

PROPOSEDSECTIONC
195
Item 8 D.

D
ATE
Job: She
et
Date: Scale: Drawn: R

EVISIONS

CONCEPTUAL
5/15/23

DESIGNSET
BY
A5.2
PlottedOn:5/15/23
5/15/23

ASNOTED

THEABOVEDIMENSIONDOES
NOTMEASUREONE INCH(1")

EXACTLY,THISDRAWINGWILLHAVE

BEENENLARGEDORREDUCED,
AFFECTINGALLLABELEDSCALES.
1"ACTUAL

THEARCHITECTMUSTBENOTIFIED

OFANYDISCREPANCY IN

DIMENSIONS,FIELDCONDITIONSOR

OTHER INFORMATIONTHAT IS

CONTAINED INAND/ORDIFFERS
FROMTHESEDOCUMENTS.

THESEDOCUMENTSARETHE

PROPERTYOFTHEARCHITECTAND

MAYNOTBEUSEDOR

REPRODUCEDWITHOUTWRITTEN
CONSENT.THEARCHITECT

DISCLAIMSANYRESPONSIBILITY

RESULTINGFROMUNAUTHORIZED
USE.

COPYRIGHTSTARTSFROMTHE

DATEOFTHEEARLIESTCONTRACT

THROUGHCONSTRUCTION
DOCUMENTS.
157VANNESSAVE | SANTACRUZCA95060
AABBCCDDEEFFGGHHJJKKLLMMNN00
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT
(E)storageattic2(E)storageattic1

MEETINGROOM
C

MEETINGROOM
B

MEETINGROOM
A
PATIOC
PATIOA
AABBCCDDEEFFGGHHJJKKLLMMNN00
±0"
1FIRSTFLOOR
+8'-33/8"
2PLATEHEIGHT
+10'-1"
3TRUSSHEIGHT

ROOFWELLROOFWELL
LOBBY
HALL2

KITCHEN
BACK
OFFICE
HALL
D
SCALE:1/4"=1'-0"

PROPOSEDSECTIOND
E
SCALE:1/4"=1'-0"

PROPOSEDSECTIONE
196
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
CONCEPTUAL 5/15/23

DESIGN SET
BY
A8.0
Plotted On: 5/15/23
5/15/23

AS NOTED
D
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WIN
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S
C
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S
4 4
0 0
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A, C
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9 5
0 1
0 C
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PIT
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A
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C
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E
M
O
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E
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A
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/Users/katerhein/Dropbox/-Capitola Com
munity Center Remodel/Drawings/Capitola Com
munity Center Remodel 051123.pln A
R
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M
A
S
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TEMPLATE [T
M] BY BOBR
O
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C
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ULTIN
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G
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UP | ALL RIG
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RESERVED | w
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w.archicadtemplate.com

IF THE ABOVE DIMENSION DOES
NOT MEASURE ONE INCH (1")

EXACTLY, THIS DRAWING WILL HAVE

BEEN ENLARGED OR REDUCED,
AFFECTING ALL LABELED SCALES.
1" ACTUAL

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
157 VAN NESS AVE | SANTA CRUZ CA 95060
ID D1 D2N D3 D3N D3a D3aN D4 D5 D5A D5N D5aN D7 D9N D10N Quantity 4 1 2 1 1 2 2 5 4 8 1 1 3 1
W 6' 3' 6' 6' 3' 3' 3' 3' 3' 3' 3' 2'-6" 6' 10'
HT 7' 7' 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" 6'-8" Type

MANUF'R

MATERIAL

HARDWARE

GLAZING
COLOR
NOTES
3D Back View

DOOR SCHEDULE
ID W1 W2 W3 W4 W5 W5N W5N W6 W6N W7 W8 W9 W10 W11
Quantity 4 2 2 12 4 1 1 1 1 1 10 2 2 1
SIZE
WIDTH 8'-9" 6' 3' 2'-10 1/4" 2'-11" 2'-10 1/4" 2'-11" 8' 7' 6' 3'-6" 3'-6" 3'-6" 1'-5" HEIGHT 8'-2 1/4" 8'-2 1/4" 11' 5' 4' 4' 4' 4' 5' 4' 3' 5'-1 1/2" 5'-1 1/2" 4'-9" HeadER Height 8'-2 1/4" 8'-2 1/4" 11' 8'-1" 7'-1" 7'-1" 7'-1" 7' 8'-1" 7'-1" 8'-9 5/8" 12'-11 3/4" 12'-11 3/4" 7'-10" TYPE
3-panel storefront with awnings
@top & bottom
2-panel storefront with
awnings top & bottom
STOREFRONT WITH AWNING @
BOTTOM
FIXED WITH AWNING @ TOP
FIXED WITH AWNING @
BOTTOM
FIXED WITH AWNING @
BOTTOM
FIXED WITH AWNING @
BOTTOM
HORIZONTAL SLIDER HORIZONTAL SLIDER @ INTERIOR
FIXED WITH AWNING @
BOTTOM
AWNING @ CLERESTORY FIXED FIXED

FRAME MATERIAL

SHGC/ U-VALUE

GLAZING NOTES
DAYLIGHT AREA (SQ.FT.)
VENT AREA (SQ.FT.)
NOTES (N) WINDOWS TO MATCH W5 (E) (N) WINDOWS TO MATCH W5 (E) (N) INTERIOR PASSTHROUGH
WINDOW @ KITCHEN

NOTE THIS WINDOW IS NOT IN

ORIGINAL DRAWINGS

TO BE MADE REMOTELY

OPERABLE

VIEW FROM OUTSIDE

WINDOW SCHEDULE
1 SCALE: 1' = 1'-0"

DOOR SCHEDULE
2 SCALE: 1' = 1'-0"
WINDOW SCHEDULE WINDOW NOTES:
1) ALL WINDOWS TO BE TBD UNLESS NOTED. EXTERIOR COLOR -TBD, INTERIOR COLOR - TBD, STANDARD SILL NOSING, WINDOW HARDWARE- TO BE

CHOSEN BY OWNER
2) ALL INTERIOR WINDOW TRIM TO BE 1X4 FINGER-JOINTED PAINT GRADE WOOD 3) FOR FLASHING SEE DETAIL XXX
4) GENERAL CONTRACTOR TO CONFIRM JAMB SIZE
5) PROVIDE HEAD FLASHING ON EXTERIOR SIDE OF ALL WINDOWS 6) REF: STANDARD WINDOW HEAD & TRIM DETAIL FOR XXX WINDOWS. 7) GENERAL CONTRACTOR TO FIELD VERIFY ALL DIMENSIONS PRIOR TO ORDERING ALL (N) WINDOWS & DOORS DRAFT
DOOR NOTES:
1) INTERIOR DOORs TO BE VERTICAL GRAIN DOUG FIR, CLEAR FINISH, WITH SINGLE RECESSED PANEL UNLESS NOTED OTHERWISE ON SCHEDULE. elevation per schedule. 2) ALL INTERIOR DOOR TRIM TO BE 1X4 FINGER JOINTED PAINT GRADE FINISH. 3) EXTERIOR DOORS, EXTERIOR COLOR PER EXTERIOR ELEVATION & AS NOTED ON SCHEDULE. INTERIOR COLOR TBD.

PRIMED TO BE PAINTED IN THE FILED. HARDWARE TO BE CHOSEN BY OWNER. 4) GENERAL CONTRACTOR TO CONFIRM JAMB SIZE.
5) General contractor. TO CONFIRM HEIGHT OF ALL DOORS BEFORE ORDERING. 6) SEE DETAIL SHEET FOR FORTIFIBER FLASHING DETAILS.
7) ALL EXTERIOR DOORS TO BE fully WEATHERSTRIPPED.

DRAFT
197
Item 8 D.

CAPITOLA COMMUNITY CENTER RENOVATION
MAY 15, 2023
Schematic Design
0 20’ 40’ 80’
Scale: 1” = 40’ - 0”
above - fossil at - beach under - reflection
Above (cliffs & sandstone & fossils) - At (beach & transition) - Under (water, reflection & sheltered, cool) Design Character
Concept Diagram
Under ->
Reflection, Shadows and Monochrome

KEY NOTES
At ->
Paving Pattern
Above ->
Cliff and Fossils in concrete walls
1 stone water feature (recirculating)
2 decorative paving
3 bronze fossil donor opportunities
4 retaining walls, decorative concrete with “fossil” horizons (3’ maximum) 5 retaining walls, concrete (3’ maximum)
6 ornamental tree to remain
7 shrubs/groundcovers
8 existing trees to be removed
9 boulders (3’ minimum to 6’ maximum)
10 reclaimed wharf wood
11 reclaimed wharf bench seat mounted to concrete base
12 multifunctional retaining wall
13 stage
14 bike parking
15 public art opportunity
16 plaque
17 message board box
18 monument sign (concrete and reclaimed wharf wood)
1 2
7 6
2 2
4 5
8 5
5 4 3
2 9
10 12
13 14
14 18 17
10 11
10 10
16 15
11 15
12 198
Item 8 D.
1ST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH BOONE LOW RATLIFF ARCHITECTS, INC. FOR COMMUNITY CENTER RENOVATION PROJECT
between
CITY OF CAPITOLA AND BOONE LOW RATLIFF ARCHITECTS, INC.

The City of Capitola and Boone Low Ratliff Architects, Inc., hereby agree to the following Amendment(s) to the Contract dated February 23, 2023:
1) Increase the budget amount by $374,000 for final design documents, bidding support, and construction administration
All other terms and conditions of the Professional Services Agreement remain in full force and effect.

CONTRACTOR: BOONE LOW RATLIFF ARCHITECTS, INC.
__________________________________ Date: ___________________ By:

CITY OF CAPITOLA
___________________________________ Date: ___________________ By: Benjamin Goldstein, City Manager

199
Item 8 D.

SCHEDULE OF EXPENSES
7/19/23 Phase 2
Capitola Community Center Renovation

PROPOSED DESIGN COSTS
ARCH. STRUCT. MECH. ELEC. ESTIMATOR ACOUSTIC LANDSCAPE CIVIL TOTAL D1. CONSTRUCTION DOCUMENTS 25% $ 19,800.00 $ 19,800.00
D2.CONSTRUCTION DOCUMENTS 50-100% $ 64,330.00 $ 8,500.00 $ - $ 21,827.65 $ 16,800.00 $ 540.00 $ 58,200.00 $ - $ 170,197.65 E. BIDDING PHASE $ 4,000.00 $ - $ - $ 1,145.20 $ - $ - $ 4,550.00 $ - $ 9,695.20 F. CONSTRUCTION ADMINISTRATION $ 16,000.00 $ 2,000.00 $ - $ 4,603.70 $ - $ 3,150.00 $ 13,500.00 $ - $ 39,253.70 SUBTOTAL PHASE 2 $ 84,330.00 $ 10,500.00 $ 36,302.00 $ 27,576.55 $ 16,800.00 $ 3,690.00 $ 96,050.00 $ 50,500.00 $ 325,748.55 CONSULTANT MARK UP (Cost x .10) $ 24,141.86 $ - $ - $ - $ - $ - $ - $ - $ 24,141.86 REIMBURSABLE EXPENSES $ 5,000.00 $ - $ - $ - $ - $ - $ 3,000.00 $ 8,000.00 CONTINGENCY ALLOWANCE $ 5,000.00 $ - $ - $ - $ - $ - $ - $ 11,000.00 $ 16,000.00 TOTAL $ 118,471.86 $ 10,500.00 $ 36,302.00 $ 27,576.55 $ 16,800.00 $ 3,690.00 $ 99,050.00 $ 61,500.00 $ 373,890.41 EXCLUSIONS:

1.More than one bid package and or more than one DSA Submittal package.

The following items are excluded from the scope of work:
a. Permit and application fees if required (to be responsibility of City of Capitola) b. Lead, asbestos and/ or other hazardous material abatement, if required c. Prevailing wage documents & monitoring, if required (to be responsibility of City of Capitola) d. State or County licensing review & permitting costs
e. Architect's construction administration meetings beyond 10 and one for contract only. f. Any additional work not listed in the scope of services will be charged at Architect's standard hourly rates g. Any green building certifications like LEED.
h. Pubic presentations and materials.
i. Value engineering beyond the scope covered by deductive alternates. j. Reimbursable expenses related to bidding and permitting are owner's responsibility BOONE LOW RATLIFF ARCHITECTS, INC. 200
Item 8 D.

CAPITOLA COMMUNITY CENTER REMODEL
07/19/2023
BOONE LOW RATLIFF ARCHITECTS, INC.

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

1. Architectural and Consultant design services to include:
a. Design for the remodel and accessibility upgrades of the Capitola Community Center. b. Replacement and repairs to the (E) building envelope, including replacement of siding and built-up roof, and repairs to exterior rafters.
c. Remodel of the (E) kitchen facility to meet current user needs and be fully accessible d. Remodel of the (E) bathroom facilities including providing a single user accessible stall. e. Improvement of acoustic performance in meeting areas. f. Accessibility upgrades to the parking, paths of travel and exterior areas that service the community center.
g. Design of exterior patio break-out spaces opening off the meeting areas with shelter & landscaping
WORK PLAN PHASE 2:

D. CONSTRUCTION DOCUMENTS PHASE (Construction Documents Phase are D-Phase) D1. Submit Minor Design Permit Application
a. Stakeholders to review building plans and elevations to confirm their approval. Make any required changes based on the comments received.
b. Submit Minor Design Permit Application to City of Capitola Planning Department.

D2. CDBG Grant Application
a. Provide drawings and project data as needed to support Grant Application b. Upon notification of approval or rejection of grant application, adjust the scope of the project to include Deductive Alternates as needed.

D3. Landscape Design Construction Documents 25% Phase
a. Refine chosen landscape scheme and prepare schematic design drawings showing site plan, floor plans, elevations, and sections to explain the design. b. Meet with stakeholders and City staff to review 25% landscape plans to confirm that the proposed layouts meet their requirements.
c. Make any required changes to the landscape drawings based on the comments received.

D4. Construction Documents 50% Phase
a. Meet with Stakeholders at 50% CD phase and make any required changes to the drawings based on feedback received.
b. Coordinate with a professional cost estimator after 50% CD Phase for cost estimate and one client meeting to review construction estimate.

D5. Construction Documents 100% Phase & Technical Specifications a. Meet with Stakeholders and City Stakeholders at 90% CD phase and make any required changes to the drawings based on feedback received.
b. Coordinate with a professional cost estimator after 90% CD Phase for cost estimate and one client meeting to review construction estimate.
201
Item 8 D.

CAPITOLA COMMUNITY CENTER REMODEL
07/19/2023
BOONE LOW RATLIFF ARCHITECTS, INC.
c. Coordinate plan review process to procure building permit. Submit project to City of Capitola Building Department and Santa Cruz County Environmental Health Department for review.

Respond to comments and revise.
d. Submit project to DSA for review. Respond to comments and revise. e. The construction drawings will include site plan, demolition plan, floorplan, reflected ceiling plan, door and finish schedules, interior elevations and details. Architect will also provide coordination of consultants.
f. A CSI specification will be provided.
g. Coordinate with a professional cost estimator to provide a final construction cost estimate, if required.

E. Project Bidding Phase

1. Answer bid RFI questions and clarifications and prepare addenda’s/ revisions to incorporate into bid documents.

2. Attend pre-bid walkthrough.

F. Construction Administration

1. Attend minimum of 10 site meetings & 1 final inspection during construction period of ± 8 months

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

3. Architect is not responsible for Contractor’s work schedule or methods of construction. 202
Item 8 D.

Community Center
Renovation Project
Budget Update
City Council
July 27, 2023
203
Item 8 D.

Required Improvements
Community Center Budget Update
• Exterior siding/roof/paint
• Add single user restroom
• Plumbing
• HVAC
• ADA Improvements
Infrastructure Improvements
• Interior renovation (offices, closets, etc..)
• Flooring
• Partitions
• Kitchen renovation
• Replace doors/windows
• Electrical upgrades
• Restroom renovations
Ancillary Improvements
204
Item 8 D.

Proposed Plans DW
1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11 A
A
B
B
C
C
D
D
E
E
F
F
G
G
H
H
J
J
K
K
L
L
M
M
N
N
0 0
N
R F RE
(N) t v o wner 's o wn
(N) b a l l et b a r @ 42" a f f
(N) SCR EEN

P A R TITION

B A CK OFFICE
s uit e A
(N) D IR ECTOR S OFFICE R EC EP TION MEC H
R OOM

LOB B Y

K ITCHEN

P A NTR Y &

K ITC HEN
STORA GE HA LL HA LL 2 MEN'S R ESTROOM WOMEN'S R ESTROOM

ENTR Y R EFUSE A R EA
STO. OFFICE

STORA GE MEETING R OOM

A MEETING R OOMB MEETING R OOMC

P A TIO B

P A TIO A

P A TIO C
(N) FR ONT OFFIC E
(E) JA NITOR

STOR A GE C
STO. STOR A GE
A

P ULL- D OWN
a c c es s
t o a t t ic
s t o r a g e
(N) no n- g end er a c c es s ib l e
r es t r o o m
STO. TA B LE
6 ' D IA . TA B LE
8 ' LONG

TA B LE
6 ' LONG

ELEC TR IC A L ELEC TR IC A L STORA GE
B

B A CK OFFICE
s uit e B DW
BOONE LOW RATLIFF ARCHITECTS 1 1
2 2
3 3
4 4
5 5
6 6
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8 8
9 9
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11 11 A
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0 0 72'-0" 104'-0" 72'-0" 24'-0" 8'-0"
24'-0" 16'-0" 16'-0" 24'-0" 8'-0" CUT B A CK ( E) ENTRY ROOF A ND RA FTERS TO HERE. A DD ( N) B EA M

R EMOV E (E) LOW
B EA M 4 in 12 s l o p e 4 in 12 s l o p e
4 in 12 sl o p e 4 in 12 s l o p e
(E) R OOF FR A MING TO R EMA IN
(N) STAND ING SEA M METAL R OOF, TYP . (N) R OOF SEC TION (N) R OOF SEC TION (N) R OOF SEC TION (N) R OOF SEC TION

V OID OVER
R OOF WELL 3 V OID OVER
R OOF WELL 4 VOID OV ER
R OOF WELL 2 V OID OVER
R OOF WELL 1 D A SHED LINE IND ICA TES OUTLINE OF B UILD ING B ELOW

DA SHED LINE INDICA TES OUTLINE OF B UILDING B ELOW
1 SCALE: 1/4" = 1'-0" PROPOSED ROOF PLAN
205
Item 8 D.

Exterior Elevations

BOONE LOW RATLIFF ARCHITECTS
206
Item 8 D.

MAIN PATIO
ENTRY

TRAINING PATIO

QUIET PATIO

JADE STREET PARK
Outdoor Spaces
207
Item 8 D.

Description Budgeted Cost
Estimate
Cost Above
Budget
Exterior Upgrades $120k $600k $480k
HVAC $80k $300k $220k
Electrical $50k $300k $250k
Other Items $1.15M $1.2M $50k
Total Job Direct Costs $1.4M $2.4M $1.0M
Optional Sitework --- $900k $900k
Contingency and Escalation --- $1.1M $1.1M
Contractor Fee --- $300k $300k
Total Project Costs $1.4M $4.7M $3.3M
June 2023 Cost Estimate
Community Center Budget Update
208
Item 8 D.
$1.0M Natural Resources Agency
(Awarded)
Funding Update
Community Center Budget Update
Community Development Block Grant
(Potential 2024)
Statewide Park Development and Community
Revitalization Program
(Potential 2024)
209
Item 8 D.

Phase A Phase B

EXTERIOR SIDING/ ROOF /
PAINT

ENTRY ROOF IMPROVEMENTS

ADDITIONAL DOORS & WINDOWS

INTERIOR/ ADA/ SINGLE

USER RESTROOM
(E) RESTROOM IMPROVEMENTS

NEW ACOUSTIC DIVIDER & PERMANENT WALL

UPGRADE (E) TO COMMERCIAL KITCHEN

INTERIOR REMODEL

INTERIOR FINISHES

ACOUSTIC TREATMENTS

PLUMBING
HVAC

EXTERIOR ADA LANDSCAPING AT PATIOS & ENTRY

ELECTRICAL ADDITIONAL ELECTRICAL IMPROVEMENTS
Project Construction Phasing
Community Center Budget Update
210
Item 8 D.

Construction Scope Phase A Phase A & B
Conceptual Design $ 150,000 $ 150,000
Final Design $ 374,000 $ 374,000
Construction $ 2,300,000 $ 5,000,000
Total Project Costs $ 2,824,000 $ 5,465,000
FY22-23 Budget $ 150,000 $ 150,000
FY23-24 Budget $ 1,650,000 $ 1,650,000
State Parks Allocation $ 1,000,000 $ 1,000,000
Total Project Funding $ 2,800,000 $ 6,050,000
Shortfall $ 24,000 $ 2,724,000
Funding Scenarios
Community Center Budget Update
211
Item 8 D.

Recommended
Direction
Authorize Amendment
1 to the Professional
Services Agreement
with Boone Low Ratliff
Architects in
the amount of $374,000
for final design
documents,
bidding support, and
construction
administration for
the Community Center
Renovation Project.
212
Item 8 D.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Public Works Department
Subject: Capitola Wharf Enhancement Project Preliminary Conceptual Design Recommended Action: Direct staff to prepare a final concept plan, for consideration by the City Council on August 24, 2023, for the Capitola Wharf Enhancement Project (CWEP).

Background: In conjunction with the Wharf Resiliency and Public Access Improvement Project, volunteer community members have joined together to raise private donations for the Capitola Wharf Enhancement Project (CWEP). CWEP is an independent project intended to add new and upgraded amenities to Capitola Wharf to enhance the facility for community use.

In May 2023, the City entered a contract with RRM Design Group to determine and design the scope of CWEP, based on community and City Council feedback. A community meeting was held on June 7, 2023, at New Brighton Middle School. This community meeting was attended by approximately 50 members of the public. The attendees provided valuable insight and input on the project though a small group brainstorming exercise. The feedback from the community meeting was combined with the results of the online CWEP survey to develop the Conceptual Design for this project.

On June 8, 2023, Council approved an agreement with Wharf-to-Wharf Race to administer donations for the CWEP fundraising campaign.

Discussion: The CWEP Preliminary Conceptual Design is included as Attachment 1. Public input suggests a strong preference of the existing Spanish style for overall aesthetic of the Wharf, but also indicates interest in opportunities to add color to wharf enhancements. Components of the preliminary design include:
 Entranceway
o Paved Entry Transition: Pavers would be used to delineate the entrance to the Wharf with an opportunity for public art in the form of an entranceway inlay. o Modified Wharf Arch (Attachment 2): The archway pillars would be reconstructed in the existing style and raised approximately three feet onto a colorfully tiled base (with the opportunity for design by a local artist). The arch itself would be retained, but the attachment to the pillars modified for easier removal and reattachment. o Consolidated Signage: The current signage at the head of the Wharf consists of multiple acknowledgements of previous projects and funders. The signage also served as a screen for utilities that service the wharf. The signage would be updated for the current Resiliency Project and consolidated into one cohesive wall.
 Scavenger Hunt: To provide opportunity for youth engagement, the concept plan proposes a series of inlays throughout the Wharf leading to educational signage, public art, etc. Examples of these inlays can be found on Attachment 1.
 Updated Fish Cleaning Station.
 Opportunities for educational signage and public artwork, including artwork for CWEP donor recognition.
 General Amenities
o Enhanced lighting and benches
o Shade structures
 Beach Shower: A shower leading from Hoopers ramp to the Wharf is likely outside of the scope of the CWEP, however the desire for this amenity was strongly voiced at the community meeting. 213
Item 8 E.

In addition to the components outlined above, staff proposes to expand the scope of the project’s conceptual design to include the accessway to the Wharf at the intersection of Wharf Road and Cliff Drive. Improvements to this intersection may include elements, such as replicated archway columns, to reflect the design aesthetic of the overall Wharf and provide wayfinding signage for the public to the head of the Wharf.

This proposed action to direct staff to prepare a final concept plan for the CWEP for consideration by the City Council, is not a “project” under CEQA. CEQA review for the CEWP has not yet been completed.

Staff will return to Council with the environmental determinations upon completion.

Fiscal Impact: No fiscal impact is anticipated with this action. The project will come back to the City Council for final conceptual design approval and next steps.

Attachments:

1. Preliminary Conceptual Design

2. Perspective Rendering
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Tamar Burke, Assistant City Attorney Approved By: Jamie Goldstein, City Manager
214
Item 8 E.
215
Item 8 E.
216
Item 8 E.

Capitola Wharf Enhancement Project
Preliminary Conceptual Design
City Council
July 27, 2023
217
Item 8 E.

Capitola Wharf Enhancement Project (CWEP)
• Volunteer community members
• New and upgraded amenities to Capitola Wharf
• Goal of raising 250k
May 2023 contract with RRM Design Group
June 2023 agreement with Wharf-to-Wharf Race to
administer donations
Background
CWEP Conceptual Design
218
Item 8 E.

June 7, 2023 Community Meeting
CWEP Conceptual Design
219
Item 8 E.

Concept Board
CWEP Conceptual Design
220
Item 8 E.

Current Entranceway
CWEP Conceptual Design
221
Item 8 E.

Entranceway
CWEP Conceptual Design
222
Item 8 E.
223
Item 8 E.

General Amenities
CWEP Conceptual Design
224
Item 8 E.

End of Wharf
CWEP Conceptual Design
225
Item 8 E.

Shower
CWEP Conceptual Design
226
Item 8 E.

Wharf Road
CWEP Conceptual Design
227
Item 8 E.

Recommendation
Direct staff to prepare
a final concept plan,
for consideration by
the City Council on
August 24, 2023, for
the Capitola Wharf
Enhancement Project
228
Item 8 E.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: Public Works Department
Subject: Capitola Road Pavement Rehabilitation Project
Recommended Action: Approve the plans, specifications, and construction budget of $1,700,000 for the Capitola Road Pavement Rehabilitation Project; adopt a resolution amending the FY 2023-24 budget; and authorize the Department of Public Works to advertise for construction bids.

Background: Capitola Road, between 30th and 41st Avenues, is a principle arterial road with a pavement condition index (PCI) of 30-48 (poor condition). The 2022 Pavement Management Project Update (PMP), approved by the City Council on June 9, 2022, includes the rehabilitation of this section of roadway in 2023 at an estimated cost of $1.2M. The Fiscal Year 2023-2024 budget includes an allocation of $836,500 for the Capitola Road Pavement Rehabilitation Project (Project), inclusive of California SB1, Measure D, and grant funding from the Santa Cruz County Regional Transportation Commission (SCCRTC). The Project will restore deteriorated pavement from the 41st Avenue intersection west to 30th Avenue, bike lane realignment approaching 30th Avenue, green bike lane markings at intersections, and upgraded ADA curb ramps.

During Project design, an investigation was completed by Kimley Horn on feasible intersection improvements that to improve traffic operations and bicycle and pedestrian safety at the 41st Avenue and Capitola Road intersection. Staff also reviewed and received comments on the Project from the SCCRTC Elderly and Disabled Transportation Advisory and Bicycle Advisory Committees. Based on this input the project scope was finalized.

Discussion: An abbreviated set of Project plans and final striping plans are included as Attachment 1.

The full set of plans and specifications is available at City Hall. Significant components of the project include:

Pavement Rehabilitation: Pavement rehabilitation includes removing 4” of pavement surface layer with a milling machine and laying 4” of new asphalt (4” mill-and-fill). The PMP had assumed light rehabilitation (2” mill-and-fill) would address the condition of Capitola Road between Clares Street and 41st Avenue. It became apparent in the development of the project plans and specifications that the poor condition of the pavement on the full length of the project requires heavy rehabilitation to increase the longevity of the roadway.

Pedestrian Improvements: Pedestrian striping at signalized intersections will be installed with high durability thermoplastic material. Curb ramps will be modified to meet current ADA standards. Tree removal at the south side of the Capitola Road and Clares Street intersection is required to repair and prevent further damage to the pavement in the adjacent bicycle and drive lanes. A tree removal application has been submitted and the required noticing is complete.

Bicycle Improvements: Bicycle striping approaching signalized intersections will be installed with green thermoplastic material. The bike lane will be realigned westbound approaching 30th Avenue and installed with green thermoplastic material.
41st Avenue and Capitola Road Intersection: Striping modifications to this intersection include the addition of:
 Crossbike intersection markings. The thermoplastic green bicycle lane extensions increase awareness of bicyclists to motorists and guides bicyclists on a direct path through the intersection.

This is in addition to white pedestrian crossing markings in the intersection. 229
Item 8 F.
 Bike box striping to facilitate left turns for cyclists on eastbound and westbound Capitola Road onto northbound and southbound 41st Avenue, respectively. The addition of the bike boxes requires the modification of right turn movements from Capitola Road onto 41st Avenue. o A dedicated right turn lane on eastbound Capitola Road onto southbound 41st Avenue.

The addition of this lane allows for “right turn on red” movements onto 41st Avenue. o A “No turn on red” established in the far-right lane of westbound Capitola Road restricting turning onto northbound 41st Avenue. There is not enough right of way in the area of the intersection for the addition of a dedicated right turn lane.

Signal phasing at this intersection was recently evaluated and modified with the 41st Avenue Adaptive Traffic Signal Project in 2022. The feasibility of bicycle striping improvements to improve safety for cyclists was thoroughly evaluated by traffic consultant Kimley Horne and staff, and reviewed by the SCCRTC Bicycle Advisory Committee. Due to the traffic volume and geometric constraints of 6-lane dual arterial intersection, it was determined that alternative layouts, such as bike boxes at all four intersection approaches or two-stage turning queues, would result in significant traffic delays as “right turn on red” traffic movements could not be permitted. The striping plan described above provides increased bicycle access and visibility, while maintaining the existing level of service at the intersection.

Fiscal Impact: The Fiscal Year 2023-2024 budget includes an allocation of $836,500 for the City to implement the Capitola Road Pavement Rehabilitation Project and $900,000 for general pavement maintenance. The engineer’s estimate for this project is $1,700,000 (Attachment 2). Since first estimated in 2022, costs of pavement maintenance have increased significantly. The increase in the level of road rehabilitation required, noted above, also contributes to the overall increase cost of the project. Staff recommends a budget appropriation from the general pavement budget. Gas Tax (SB1) and Measure D revenues estimated for FY24-25 are still anticipated to fully fund the streets identified for treatment for 2024 in the PMP.

Total proposed funding for this project is outlined below.

Table 1. Project Proposed Funding
Source Appropriation
Transportation Grant $227,000
RTC Measure D $366,000
State SB 1 $243,500
Pavement Maintenance Project (Proposed) $900,000
Total Funding $1,736,000
California Environmental Quality Act (CEQA): This project is categorically exempt under the CEQA Guidelines Section 15301 (c) for the maintenance, repair, or minor alteration of existing facilities, as it consists of repair and maintenance of existing public facilities, involving negligible or no expansion of existing or former use.

Attachments:

1. Project Plans

2. Engineer’s Estimate

3. Resolution
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk; Tamar Burke, Assistant City Attorney Approved By: Jamie Goldstein, City Manager
230
Item 8 F.

Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\CAPITOLA, CITY OF\220257\TASK 01 - PRELIMINARY ENGINEERING\DRAWINGS\220257_SITE01_CAPITOLA ROAD.DWG Plot Date: 7/20/2023 9:56 AM SHEET NUMBER: PROJECT NUMBER: SCALE: DATE: DRAWN BY:

Pavement Engineering Inc.

You can ride on our reputation
Corporate Office:
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265 VERIFY SCALE BAR REPRESENTS 1" ON ORIGINAL

CAPITOLA ROAD PAVEMENT REHABILITION PROJECT
CITY OF CAPITOLA 1"= 40' JULY 2023 220257 of XY CM

CAPITOLA ROAD
30TH AVENUE TO 41ST AVENUE Know what's below. Callbefore you dig. CITY OF CAPITOLA CAPITOLA ROAD PAVEMENT REHABILITATION PROJECT DPW PROJECT NO. &6 GENERAL NOTES: 1. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS TO COMPLETE WORK. 2. FOR AREAS TO BE REMOVED & REPLACED, CONTRACTOR SHALL ONLY REMOVE MATERIAL QUANTITIES THAT CAN BE REPLACED DURING THE SAME WORK DAY. 3. CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIRING DAMAGE TO ANY PUBLIC OR PRIVATE UTILITIES AND/OR STRUCTURES SHOWN OR NOT SHOWN ON THESE PLANS. CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT UTILITIES OR STRUCTURES FOUND AT THE SITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITIES OR STRUCTURES BEFORE STARTING WORK (2 BUSINESS DAYS ADVANCE NOTICE REQUIRED). 4. CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT AT 811 AT LEAST TWO (2) WORKING DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION TO ALLOW UTILITY OWNERS TO MARK THE LOCATION OF THEIR RESPECTIVE UNDERGROUND FACILITIES/UTILITIES, PUBLIC OR PRIVATE, SHOWN OR NOT SHOWN ON THESE PLANS. 5. CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE DIVISION OF INDUSTRIAL RELATIONS (CAL-OSHA) SAFETY STANDARDS, IN ACCORDANCE WITH SECTION 7-10.4 OF THE SSPWC. IF REQUESTED BY THE INSPECTOR, THE CONTRACTOR SHALL PROVIDE PROOF OF A PERMIT FROM CAL-OSHA. 6. PRIOR TO COMMENCEMENT OF WORK, EXISTING GRASS AND WEEDS IN THE PROJECT ROADWAYS SHALL BE DESTROYED BY APPLICATION OF WEED KILLERS. (SEE ROADWAY PREPARATION IN TECHNICAL SPECIFICATIONS.) 7. CONTRACTOR IS RESPONSIBLE FOR TRIMMING ALL VEGETATION WITHIN WORK ZONE THAT WILL INTERFERE WITH WORK. CONTRACTOR SHALL REMOVE AND DISPOSE OF ALL DEBRIS. 8. CONTRACTOR SHALL DISPOSE OF ALL CONSTRUCTION WASTE IN A LEGAL MANNER. 9. STATIONING SHOWN ON PLANS IS FOR REFERENCE ONLY. SHEET INDEX STREET NAME SHEETS TITLE SHEET 1 CAPITOLA ROAD (30TH STREET TO 41ST STREET) 2 STRIPING PLANS 3 LOCATION MAP NTS 1 OF 3

TITLE SHEET
231
Item 8 F.

LOTMAN DRIVE THOMPSON AVENUE SOMMERFELD AVENUE HERITAGE LANE MH B3 30TH AVENUE SHIRLEY LANE B6 BRPM MH BRPM MH BRPM B7 B4 B5 SS S T MH MH S D D D TT CLARES STREET R 1 1 1 1 BASE BID ADD ALTERNATE (~19'X30') (~11'X92') (~15'X61') (~22'X94') (~11'X110') (~15'X175') (~11'X420') (~16'X44') R&R 4" HMA (~11'X536') (TYP.) 1 1 1 1 EXISTING CATCH BASIN 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 2 5 4 2 2 MH 4 2 3 3 BULB AVENUE MALL PARKING LOT MALL PARKING LOT S B8 38TH AVENUE MH BRPM D T MH BRPM R B1 B9 MH B2 B10 (~11'X656') R&R 40LF CURB & GUTTER R&R (~31'X6') SIDEWALK PER CITY OF CAPITOLA STANDARD DETAILS CAP-003 & CAP-007 EXISTING THROUGH CURB DRAIN 4' FROM LIP OF GUTTER 4.5' FROM LIP OF GUTTER (~11'X58') (~20'X6') (~16'X38') (~6'X60') (~6'X60') (~11'X145') (~11'X14') (~11'X193') (~11'X87') (~11'X75') (~4.5'X33') 1 22+00 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 3 41ST AVENUE T T S MH TT MHMH (~107'X101') (~6'X30')
(~11'X145') CONT. (~11'X193') CONT. 1 B12 B11 32+00 33+00 34+00 35+00 35+83 2 MATCHLINE STA 31+98 - SEE BELOW LEFT
MATCHLINE STA 21+72 - SEE ABOVE RIGHT
MATCHLINE STA 21+72 - SEE BELOW LEFT LEGEND LOOP DETECTOR COVER BLUE RETROREFLECTIVE PAVEMENT MARKER SURVEY MONUMENT REMOVE & REPLACE 4" HMA BRPMR PRUNE & REMOVE TREE ROOTS COLD PLANE & REPLACE 4" HMA Path: Z:\SHARED\R DRIVE\ACTIVE PROJECTS\CAPITOLA, CITY OF\220257\TASK 01 - PRELIMINARY ENGINEERING\DRAWINGS\220257_SITE01_CAPITOLA ROAD.DWG Plot Date: 7/20/2023 9:56 AM SHEET NUMBER: PROJECT NUMBER: SCALE: DATE: DRAWN BY:

Pavement Engineering Inc.

You can ride on our reputation
Corporate Office:
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
805.781.2265 VERIFY SCALE BAR REPRESENTS 1" ON ORIGINAL

CAPITOLA ROAD PAVEMENT REHABILITION PROJECT
CITY OF CAPITOLA 1"= 40' JULY 2023 220257 of XY CM

CAPITOLA ROAD
30TH AVENUE TO 41ST AVENUE
MATCHLINE 31+98 - SEE ABOVE RIGHT CAPITOLA ROAD NTS TYPICAL SECTION NO. 1 4" R&R 4" HMA COLD PLANE 4" EXISTING SECTION 2" SURFACE COURSE HMA (PG 64-10) 2" BASE COURSE HMA (PG 64-10)NTS REMOVE & REPLACE 4" HMA REMOVE 4" PAVEMENT NOTES: 1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTOR DISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BE RECOMPACTED TO 95% R.C. PLACE 2" HMA BASE COURSE & 2" HMA SURFACE COURSE BOTTOM OF COLD PLANED SURFACE TACK COAT ALL VERTICAL EDGES PRIOR TO PAVING SEE NOTE 1 BORING LOCATION WATER VALVE XX STORM DRAIN MANHOLE D SANITARY SEWER MANHOLE S TELECOMMUNICATIONS MANHOLE T MANHOLE MH R&R PCC CURB & GUTTER R&R PCC SIDEWALK R&R REMOVE & REPLACE BORING LOG NO. HMA AB R-VALUE FABRIC (Y/N) B1 7" 8" 11 Y B2 7-1/2" 13" - N B3 12" 7" 11 Y B4 8" 12" - N B5 11" 13" 12 Y B6 10-1/2" 4" - N B7 7" 12" - N B8 7" 13" - N B9 6-1/4" 7" - N B10 6-1/2" 13" - Y B11 8-1/2" 12" 12 N B12 6" 10" - N *CORING DATA IS FOR INFORMATION ONLY. EXISTING SECTION MAY VARY FROM SECTION(S) FOUND AT CORING LOCATION(S). FABRIC MAY BE PRESENT IN SECTIONS EVEN IF NOT FOUND AT CORING LOCATION(S). TRAFFIC LOOP 1CONSTRUCTION NOTES: CONSTRUCT CASE C CURB RAMP PER CALTRANS 2022 STANDARD PLAN A88A. PROTECT EXISTING UTILITY/TRAFFIC SIGNAL POLE IN PLACE. ADJUST UTILITY COVER TO FINISH GRADE. PROTECT EXISTING WOODEN RETAINING WALL/FENCE IN PLACE. TRIM HEDGES PRIOR TO CONSTRUCTION OF CURB RAMP. STRIPING & UTILITY NOTES: 1. STRIPING AS SHOWN REPRESENTS EXISTING AND IS SUBJECT TO CHANGE. SEE SHEET 3 FOR STRIPING PLANS. 2. LOWER ALL UTILITIES WITHIN LIMIT OF WORK PRIOR TO COLD PLANE. 3. ADJUST ALL UTILITIES TO FINISH GRADE AFTER PLACEMENT OF SURFACE COURSE CAPITOLA ROADCAPITOLA ROAD FIRE HYDRANT 2356 2 OF 3 232 Item 8 F.
25 25 25
CAPITOLA RD 25
"C" LINE 30TH AVE SHIRLEY LN THOMPSON AVE BULB AVE

SOMMERFELD
AVE

LOFTMAN DR HERITAGE LN
LEGEND

GENERAL SIGNING AND STRIPING NOTES

CAPITOLA RD
"C" LINE BULB AVE 38TH AVE

CAPITOLA ROAD PAVEMENT
REHAB 2023

PREPARED FOR

CALL TWO WORKING

DAYS BEFORE YOU DIG NORTH
SS-1

SIGNING AND STRIPING
PLAN
233
Item 8 F.
25 25 41ST AVE
LEGEND

GENERAL SIGNING AND STRIPING NOTES
NORTH
SS-2

SIGNING AND STRIPING
PLAN

CAPITOLA ROAD PAVEMENT
REHAB 2023

PREPARED FOR

CALL TWO WORKING

DAYS BEFORE YOU DIG
234
Item 8 F.

SS-3

SIGNING AND STRIPING
PLAN

CAPITOLA ROAD PAVEMENT
REHAB 2023

PREPARED FOR

CALL TWO WORKING

DAYS BEFORE YOU DIG

DETAIL C

CLASS II BIKE LANE

DETAIL B

CLASS II BIKE LANE DETAIL D

BIKE BOX

DETAIL A

CONTINENTAL CROSSWALK

DETAIL E
"CROSSBIKE" INTERSECTION MARKING
235
Item 8 F.

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE 2023-24 FISCAL YEAR CITY BUDGET AND CAPITAL IMPROVEMENT

PROGRAM BUDGET
WHEREAS, it is necessary to adopt the 2023-24 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 22, 2023 adopted such budget for the Fiscal Year July 1, 2023, through June 30, 2024; and WHEREAS, since the adoption of the budget the estimate for the Capitola Road Pavement Rehabilitation Project has increased; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2023-2024 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 above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 27th of July, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Keiser, Mayor
ATTEST:
_______________________
Julia Moss, City Clerk
236
Item 8 F.

CITY OF CAPITOLA

CITY OF CAPITOLA - PAVEMENT REHABILITATION PROJECTENGINEER'S ESTIMATE - PROJECT ESTIMATE SUMMARY SHEET ITEM NO. ITEM DESCRIPTION PAYMENT REFERENCE U/M APPROX. QTY UNIT PRICE EXTENDED TOTAL 1 Mobilization, Bonds & Insurance TS-1.14 LS 1 $105,000.00 $105,000.002 Bicycle, Pedestrian & Traffic Control TS-2.06 LS 1 $120,000.00 $120,000.003 Storm Water Pollution Control Program TS-3.04 LS 1 $20,500.00 $20,500.004 Cold Plane 4" HMA TS-4.04 SF 175,314 $1.10 $192,845.405 1/2" HMA, Type A (PG 64-10) TS-5.04 TN 4,676 $150.00 $701,400.006 Remove & Replace 4" HMA TS-6.04 SF 52,569 $5.00 $262,845.007 6" Deep Lift Stabilization (Allowance) TS-6.04 SF 3,506 $8.00 $28,048.008 Prune & Remove Tree Roots Under HMA Repairs TS-11.03 SF 948 $20.00 $18,960.009 Remove & Replace PCC Sidewalk TS-8.04 SF 186 $20.00 $3,720.00 10 Remove & Replace PCC Curb & Gutter TS-8.04 LF 40 $80.00 $3,200.0011 Construct Caltrans Case C Curb Ramp TS-8.04 EA 10 $9,000.00 $90,000.0012 Install Blue RPM @ Hydrant TS-12.05 EA 6 $20.00 $120.0013 Lower & Adjust Manhole Cover to Finish Grade TS-10.03 EA 27 $1,000.00 $27,000.0014 Lower & Adjust Water Valve Cover to Finish Grade TS-10.03 EA 24 $800.00 $19,200.0015 Lower & Adjust Survey Monument Cover to Finish Grade TS-10.03 EA 1 $800.00 $800.0013 Lower & Adjust Loop Detector Cover to Finish Grade TS-10.03 EA 1 $1,000.00 $1,000.0016 Striping Allotment TS-12.05 LS 1 $106,000.00 $106,000.00 Estimated Construction Cost: $1,700,638.40
237
Item 8 F.

Capitola Road
Pavement
Rehabilitation
Project
City Council
July 27, 2023
238
Item 8 F.

Project limits 30th Avenue (City limits) to 41st Avenue Principal Arterial Roadway
Poor Pavement Condition (PCI 30-48)
PMP and FY23/24 Budget includes the rehabilitation in 2023 $227,000 SCCRTC grant funding for 41st/Capitola Road
intersection
improvements Background
Capitola Road Pavement Rehabilitation
239
Item 8 F.
improvements
4” Mill-and-Fill
Pavement Improvements
Capitola Road Pavement Rehabilitation
240
Item 8 F.

ADA Curb Ramps Thermoplastic Striping
improvements Pedestrian Improvements
Capitola Road Pavement Rehabilitation
241
Item 8 F.

Bicycle Improvements
Capitola Road Pavement Rehabilitation
242
Item 8 F.
• Limited options due to intersection geometry
• Resulted in decreased LOS or no improvement to
bike safety
Striping alternatives to improve function
and safety - Kimley Horn Evaluation
• Identified preferred alternative
Project reviewed with SCCRTC Bicycle
Advisory Committee
41st Avenue Intersection
Capitola Road Pavement Rehabilitation
243
Item 8 F.

Crossbike Intersection Bike Box
Design Alternatives
Capitola Road Pavement Rehabilitation
244
Item 8 F.
245
Item 8 F.
246
Item 8 F.

Source FY23-24
Appropriation
Transportation Grant $227,000
RTC Measure D $366,000
State SB 1 $243,500
Pavement Maintenance CIP Project
(Proposed)
$900,000
Total Funding $1,736,000
Fiscal Impact
Capitola Road Pavement Rehabilitation
247
Item 8 F.

Recommendation
Approve the plans, specifications, and construction
budget of $1,700,000 for the Capitola Road
Pavement Rehabilitation Project; adopt a resolution
amending the FY 2023-24 budget; and authorize the
Department of Public Works to advertise for
construction bids.
248
Item 8 F.

Capitola City Council
Agenda Report
Meeting: July 27, 2023
From: City Manager Department
Subject: City Council Appointments to City Advisory Bodies Recommended Action: Appoint members of the public to the City of Capitola Arts and Cultural Commission and Historical Museum Board.

Background: The Capitola Historical Museum Board (Board) promotes, through the establishment and maintenance of a museum and allied projects, a program that brings a better understanding and appreciation by the community of Capitola’s history, architecture, culture, technology, and creative and natural environments. The Board was created in 1992 through the adoption of Ordinance No. 735, and is comprised of seven members, each serving three-year terms.

The Capitola Arts and Cultural Commission (Commission) advises the City Council as to the allocation of public funds for the support and encouragement of existing and new programs in the arts, and for the acquisition of works of art. The Commission was created in 2003 through the adoption of Ordinance No. 851, and is comprised of nine members, each serving two-year terms.

Discussion: In accordance with Government Code Section 54974, recruitment was conducted to fill one unscheduled vacancy on the Board and one unscheduled vacancy on the Commission. The notice of vacancy was posted at City Hall, in a local newspaper, on the City website, and advertised through social media. Applications for appointment on any City advisory body are accepted year round and remain valid for a one-year period.

Attached are the applications for appointment received on or before the printing of this agenda packet.

The Board met in June 2023, and reviewed an application received by the City Clerk’s office. The Board recommends the appointment of Brian Legakis. The Commission met on June 13, 2023, and July 11, 2023, and reviewed the applications received by the City Clerk’s office. The Commission recommends the appointment of Jennifer Major.

Fiscal Impact: None.

Attachments:

1. Advisory Group Applications
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
249
Item 8 G.

CITY of CAPITOLA
BOARDS AND COMMISSIONS APPLICATION .

Application for:
Art & Cultural Commission
Artist
Arts Professional
At Large
Finance Advisory Committee
Business Representative
At Large
Commission on the Environment
Historical Museum Board
Planning Commission
Check if applying as youth member for any board
Other Committee______________________________
Name:

Last First
Residential Neighborhood:

Occupation:

Describe your qualifications and interest in serving on this Board/Commission/Committee:
(Use additional paper, if necessary)
Please Note: Appointment to this position may require you to file a conflict of interest disclosure statement with the City Clerk. This information is a public record and these statements are available to the public on request.
______________________ ____________________________________ Date Signature of Applicant
All information contained in this page of the application is public data and will be made available for public review and copying for anyone requesting it and may be posted on the website of the City of Capitola. All information in this page will be provided to the Capitola City Council in a public forum and will be reviewed in public. It will therefore be part of the public record.

Legakis Brian
Aptos
Retired Community College Professor
I was a recent member of this board from 2018-2022
May 8, 2022
✔
250
Item 8 G.
251
Item 8 G.
252
Item 8 G.
253
Item 8 G.
254
Item 8 G.

CITY of CAPITOLA
BOARDS AND COMMISSIONS APPLICATION .

Application for:
❑ Art & Cultural Commission
❑ Artist
❑ Arts Professional
❑ At Large
❑ Finance Advisory Committee
❑ Business Representative
❑ At Large
❑ Commission on the Environment
❑ Historical Museum Board
❑ Planning Commission
❑ Check if applying as youth member for any board
❑ Other Committee______________________________
Name:

Last First
Residential Neighborhood:

Occupation:

Pearlberg Neil
Self Employed
I have organized over 300 live music shows in the last 5 years, I am also the host of the Off the Lip Radio Show Podcast, that covers people, events, and interviews of our community June 13 2023
✔
✔
255
Item 8 G.

BOARD & COMMISSION

APPOINTMENTS
July 27, 2023 256
Item 8 G.

Background
 Government Code 54974 – Vacancy Notice and
Recruitment
 City Clerk received total of 5 applications for 2 unscheduled vacancies
 Arts & Cultural Commission
 Unscheduled vacancy expires 12/31/2024
 4 applicants were reviewed in accordance with the Commission Bylaws
 Historical Museum Board
 Unscheduled vacancy expires 6/30/2024
 1 applicant reviewed in accordance with the Board Bylaws 257
Item 8 G.

Applicants
 Arts & Cultural Commission:
 The Commission recommends appointment of Jennifer
Major
 Historical Museum Board
 1 Applicant: Brian Legakis
 The Board recommends appointment of Brian Legakis
Jennifer Major Jill Payonzeck Lengre
Mario Beltramo Neil Pearlberg
258
Item 8 G.

Recommended Action
 Appoint 1 member of the public to the Arts &
Cultural Commission and 1 member of the public to
the Historical Museum Board
259
Item 8 G.

Capitola City CouncilJuly 27, 2023

Capitola City Council
July 27, 2023