Capitola City Council
October 12, 2023

REVISED 10/12/2023 5:15 PM
City of Capitola
City Council Meeting Agenda
Thursday, October 12, 2023 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Keiser
Vice Mayor: Kristen Brown
Council Members: Yvette Brooks, Joe Clarke, Alexander Pedersen Regular Meeting of the Capitola City Council – 6 PM
All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

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

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Unmanned Aerial Vehicle Presentation

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

A. Correspondence Received - Item 8B
B. Correspondence Received - Item 7G

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 1 City Council Meeting Agenda – October 12, 2023
City of Capitola Page 2
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 minutes from the regular meeting on September 28, 2023.

B. City Check Registers
Recommended Action: Approve City check registers dated September 1, 2023 and September 15, 2023.

C. Tobacco Waste
Recommended Action: Adopt a resolution recognizing tobacco waste as a public health and environmental threat.

D. Donations Report
Recommended Action: Receive the FY 2022-23 Annual Donations and Contributions Report.

E. Master Agreement for State-Funded Transportation Projects Recommended Action: Adopt a resolution authorizing the City Manager to execute Agreement No. 05-5304S21 with the California Department of Transportation to continue to receive State funds for transportation related projects and authorizing the Public Works Director to execute all program supplement agreements as required by Agreement No. 05-5304S21.

F. Body-Worn Cameras and Tasers
Recommended Action: Authorize the City Manager to execute a 5-year agreement with AXON in an amount not to exceed $336,500 to purchase body-worn cameras and tasers; and authorize the surplus of current inventory of tasers and body cameras.

G. Travel Reimbursement for City Councilmembers
Recommended Action: Accept report on attendance at the 2023 League of California Cities Annual Conference from Alexander Pedersen, in accordance with Government Code Section 53232.3.

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

A. Cliff Drive Resiliency Project
Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for professional planning, permitting, and design services for the Cliff Drive Resiliency Project in the amount of $1,193,700 in substantially similar form, as approved by the City Attorney, as the attached agreement; and adopt a resolution amending the FY 2023-24 Budget to accept and appropriate grant funding from the California Coastal Commission and Federal Highway Administration.

B. Housing Element Update
Recommended Action: Accept presentation and direct staff to incorporate Planning Commission and the California Department of Housing and Community Development recommendations into the Draft Housing Element update in preparation for adoption hearings.

9. Adjournment - Adjourn to a regular City Council meeting on October 26, 2023 at 6:00 p.m. 2 City Council Meeting Agenda – October 12, 2023
City of Capitola Page 3
_____________________________________________________
Notice of In-Person & Remote Access
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010 Other ways to Watch:

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

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

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

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

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

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

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

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 3 1
Gautho, Julia
From: John Mulry <[email protected]>
Sent: Friday, October 6, 2023 10:23 PM
To: PLANNING COMMISSION; City Council; Herlihy, Katie ([email protected]) Subject: Housing Element Special Meeting
Follow Up Flag: Follow up
Flag Status: Completed
Hey y’all
The current HE revision is not going to pass. Change parking minimums from ‘required’ to ‘recommended’ on some of the AFFH parcels would solve a lot of problems. At least halve them.

The mall rezone is sƟll a mess. That property being shopped around means having a realisƟc plan there is essenƟal. It’s on our main transit stop which in the Reimagine Metro Plan is set to be a High Quality Stop again soon. Here we also suggest reducing parking minimums makes the project viable and goes a long way with HCD.

The YIMBY folks go overboard but much of their advice has merit in incremental doses. Let’s not need 3 tries like the openly anƟ housing jurisdicƟons.

Capitola YIMBY has ceased operaƟons. This is goodbye.

Good luck
John Mulry
CreaƟve Strategist
Capitola YIMBY
4 Item 4 A.
1 Gautho, Julia
From: Santa Cruz YIMBY <[email protected]>
Sent: Wednesday, October 11, 2023 12:21 PM
To: City Council
Cc: [email protected]; Herlihy, Katie ([email protected]) Subject: [PDF] Santa Cruz YIMBY input to Agenda 8.B on Oct 12, 2023 meeting Attachments: Santa Cruz YIMBY Input on Capitola Housing Element - Item 8.B Oct 12.pdf Hello Mayor, Vice-Mayor and Councilmembers,
Please find attached our input on Item 8.B, Citywide Housing Element Update on your October 12th meeting agenda.

Thank you,
Diana Alfaro
Elizabeth Madrigal
Janine Roeth
Ryan Meckel
Rafa Sonnenfeld
leads, Santa Cruz YIMBY
5 Item 4 A.

To: Capitola City Council
Date: October 11, 2023
Subject: Agenda Item 8.B Citywide Housing Element Update Santa Cruz YIMBY advocates for abundant housing at all levels of affordability to meet the needs of a growing population in Santa Cruz County. We support sustainable growth, including along transportation corridors and activity centers and a commitment to lower Vehicle Miles Traveled by housing people near services and jobs.

The Housing Element is an opportunity for Capitola to address the housing crisis on its own terms. We want Capitola to have a compliant Housing Element that meets the 6th cycle RHNA, but more importantly, we want commitments to policies and programs that result in more affordable housing throughout the city.

Santa Cruz YIMBY provided detailed comments on the Housing Element drafts and had conversations with both Capitola's Community Development office and California Housing and Community Development (HCD). Our past comments are posted on our Housing Element webpage. There remain some critical changes to Capitola’s Housing Element in response to HCD’s letter.

Identify and address constraints on housing development, especially affordable housing.

Add to Program 1.4 a commitment to analyze the zoning and development standards in the Incentives for Community Benefits Ordinance, using the Mall land use study to modify the incentives.
● HCD’s comment: “Other Locally Adopted Ordinances – Incentives for Community Benefit: While the element provides some general information on the City’s Incentives for Community Benefit Ordinance, it should analyze the Ordinance’s impact on housing supply and affordability.“
● In Program 1.4, Capitola expands the application of Incentives for Community Benefit to more sites in the Sites Inventory. It has not incentivized any development where it already applies.
● The expected land use study for Capitola Mall can inform how to change the incentives in this ordinance and more broadly affect other mixed-use sites on the inventory.

Santa Cruz YIMBY - Capitola City Council - October 12, 2023 meeting

6 Item 4 A.

Expand Program 2.8 to analyze the zoning and development standards as constraints which affect economic feasibility of affordable housing development. ● HCD comment: “Upon a complete analysis of potential governmental constraints, the City may need to revise or add programs and address and remove or mitigate any identified constraints.”
● In 2021, after rezoning, Capitola completed an Affordable Housing Fee Feasibility Assessment which concluded that with current conditions, NO rental development pencils out: “Even without any inclusionary requirements or in-lieu/impact fee obligations, rental development appears to fall somewhat short of industry-standard return thresholds.”
● Capitola must look at these zoning and development standards as they affect affordable housing development. Capitola plans for 50% of units on nearly every parcel in the Site Inventory to be affordable for very-low or low income households to meet their RHNA.

Capitola can decrease processing time and costs for projects using Objective Standards
Add the use of Objective Standards in Incentives for Community Benefit Ordinance to Program 1.4
● HCD comment: “...the element should describe the process which applicants must go through to qualify for these incentives, including any discretionary hearings or standards that might apply. Upon this analysis, the element may need to add or modify a program, as appropriate.”
● The Incentives for Community Benefits Ordinance requires discretionary review by the Planning Commission and the City Council. We urge you to update the Ordinance to rely on Objective Standards for mixed-use residential developments. This will remove uncertainty and reduce project time and costs.

Ensure use of Objective Standards in any new overlay zones, including the Program 1.8 Religious Facility Housing
● The Housing Element includes development of housing on congregational sites, especially in the low-density eastern section of Capitola. We urge you to rely on Objective Standards for multifamily and mixed-use residential developments to remove uncertainty and reduce project time and costs.

Santa Cruz YIMBY - Capitola City Council - October 12, 2023 meeting

7 Item 4 A.

Capitola Mall
Provide more information to demonstrate the realistic development potential of the Capitola Mall.
● HCD Comment: “While the element provides information regarding the current uses on the Capitola Mall site, it must still describe the extent to which existing uses may continue to constitute an impediment to residential development….For example, the element could address existing lease agreements, easements or property conditions that may preclude residential development, whether uses will discontinue or how uses will continue through redevelopment, replacement parking and site planning consideration, potential phasing of the project, development on non-commercial portions of the site, and other factors that support the site’s redevelopment during the planning period.”
● The Housing Element does not (yet) include the likelihood of development during the 6th cycle, including feasibility, which uses will remain and timing. It focuses a lot on the history and past planning, but not on the current discussions, especially regarding affordability.
● The Capitola Mall parcels highlighted on the site inventory include all smaller commercial stores and interior of the mall which are integral to Mall operation.

Capitola has not provided an “analysis that demonstrates the extent to which existing uses constitute an impediment to residential development.” Add commitments to to Program 1.7 to facilitate and monitor the Mall project ● HCD comment: “Additionally, given the reliance on the Capitola Mall site to meet the RHNA, the element should include a program that commits to facilitating development and monitoring approvals of the projects (e.g., coordination with applicants to approve entitlements, supporting funding applications, expanding approvals, and monitoring of project progress, including rezoning or identification of additional sites, if necessary).”
● Program 1.7 currently focuses on the land use study and updates to the zoning code based on its findings. HCD offers language that can be an added objective to Program 1.7 to facilitate development and monitor approvals and progress of the Mall.
● The projected affordability of 50% low income is unrealistic and note that if the project misses this affordable target, Capitola has a daunting task to identify other sites under the No Net Loss law.

Santa Cruz YIMBY - Capitola City Council - October 12, 2023 meeting

8 Item 4 A.

Capitola must strengthen the commitment to transit-oriented development Replace the reactive language of Program 1.1 with a stronger, proactive program to pursue the Capitola Mall as a planned high-quality transit stop. ● Despite being home to the Capitola Mall Transit Center, Capitola lacks any current or planned high quality transit stops. In the 2040 MTP/SCS the Capitola Mall was identified as such a site, however, it was subsequently removed in the 2045 MTP/SCS.
● The Site Inventory plans for housing along transit corridors such as 41st Ave and Capitola Rd. A high-quality transit stop at the Capitola Mall can help Capitola/affordable housing developers in securing additional funding, e.g. through grant programs that focus on transit-oriented development or reduction of green-house gasses.
● Replace the reactive language in Program 1.1 with: “Capitola will work with AMBAG in the 2050 MTP/SCS (scheduled for June 2026) to designate the Capitola Mall as a planned high quality major transit stop.” ● This designation would incentivize more sustainable, affordable, and equitable development in an area identified for large amounts of new housing in the 6th RHNA cycle.

Develop local implementation ordinances for additional transit-oriented development state laws.
● As one example, AB 2011 incentivizes affordable housing development on commercial properties. The City should include a program to develop a local implementation ordinance to incentivize the affordable housing on sites along the transit corridors that make up much of the City’s site inventory.

Santa Cruz YIMBY - Capitola City Council - October 12, 2023 meeting

9 Item 4 A.
1 Gautho, Julia
From: Western States News Service <[email protected]> Sent: Thursday, October 12, 2023 4:29 PM
To: Gautho, Julia; [email protected]
Subject: Report Alexander Pedersen RE: Skimpy Report of of California League of Cities Western States News Service
Councilman Alexander Pedersen:

Capitola City Council Re: report
Councilman Pedersen,
Your time at the California League of Cities ... seems intentionally "light".

How many days were you there?
Who are their partners?
Who paid for the river boat ride? Who funds USDA and Open Government for your lunch at K Street Mayahuel? What is the background of Monica Cook?
What is "Al In Governance: Opportunities and Ethical
Considerations..

You do YOU not report who paid for DINNER SAM'S TEAM AT BURKE, WILLIAMS & SORENSON???? RESEARCHER wsns
[email protected]

10 Item 4 B.

Capitola City Council
Agenda Report
Meeting: October 12
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on September 28, 2023.

Background: Attached for Council review and approval are the draft minutes from the regular City Council meeting on September 28, 2023.

Attachments:

1. 9/28/2023 Minutes
Report Prepared By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
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City of Capitola
City Council Meeting Minutes
Thursday, September 28, 2023 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Keiser
Vice Mayor: Kristen Brown
Council Members: Yvette Brooks, Joe Clarke, Alexander Pedersen Regular Meeting of the Capitola City Council – 6 PM

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

2. Additions and Deletions to the Agenda – None

3. Presentations
A. The Mayor presented a Proclamation honoring the life of George Wightman.

B. Recreation Division Manager Bryant LeBlond presented Junior Guard Participant Recognition Awards.

C. Terence Concannon, CEO of Visit Santa Cruz County, provided a presentation.

D. Danu Schoek, National Alliance on Mental Illness, Santa Cruz County, presented a grant report.

4. Report on Closed Session – None

5. Additional Materials – None

6. Oral Communications by Members of the Public
 Gorin Klepich, resident, spoke about garbage at the CVS Pharmacy on 41st Avenue and graffiti at Jade Street Park.
 Cheryl Whitman, resident, thanked the City Council for the Mayor’s Proclamation and requested that the City Council revisit the issue of memorial benches on the Wharf.  Leslie Nielson, resident, thanked the City Council for the grant to NAMI Santa Cruz.

7. Staff / City Council Comments
 City Manager Goldstein reminded the public that the Wharf Project will begin Monday and there may be noise impacts.
 Vice Mayor Brown shared sentiments about the passing of George Wightman; notified the City Council that Santa Cruz METRO purchased 57 hydrogen cell bus vehicles for the County; requested an agenda item declaring tobacco waste as a public and environmental health hazard; and requested an update on the Memorial Plaque Program on the Wharf.  Council Member Clarke commended the CWEP Group for the fundraising event at the Britannia Arms.
 Mayor Keiser commended the CWEP Group for the fundraising event at the Britannia Arms.

8. Consent Items
A. City Council Meeting Minutes
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City Council Meeting Minutes – September 28, 2023
City of Capitola Page 2
Recommended Action: Approve minutes from the regular meeting on September 14, 2023.

B. Purchasing and Procurement Policy and Ordinance
Recommended Action: Adopt an ordinance amending Chapter 3.16 of the Capitola Municipal Code pertaining to Purchasing and Purchasing Contracts; and adopt revised Administrative Policy III-4: Purchasing and Procurement Policy.

C. Completion of the Kennedy Drive Sidewalk Project
Recommended Action: 1) Accept as complete the Kennedy Drive Sidewalk Project as constructed by Diamond D Concrete; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $8,560 as prescribed in the contract.

D. Noble Gulch Culvert Condition Assessment
Recommended Action: Authorize the City Manager to execute an agreement with V&A Consulting Engineers, Inc. for the Noble Gulch Culvert Condition Assessment in the amount of $29,950.

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

9. General Government / Public Hearings
A. Universally Accessible Playground at Jade Street Park Naming Recommended Action: Select a playground name for the Universally Accessible Playground at Jade Street Park.

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

Motion to name the Universally Accessible Playground the Treasure Cove Playground at Jade Street Park: Council Member Brooks
Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Vice Mayor Brown, Mayor Keiser B. Bay Avenue and Hill Street Traffic Safety
Recommended Action: Provide direction to staff regarding short-term and long-term options for improving traffic safety at the intersection of Bay Avenue and Hill Street.

Public Works Director Kahn presented the staff report.

Public Comments:
 A representative of the owners of the Nob Hill Shopping Center encouraged staff to involve the public.
 Janet Edwards, resident, voiced concerns about vehicle speed in the intersection and ADA accessibility with temporary improvements and requested that this project be brought before the County’s Elderly Regional Transportation Committee.

Council Member discussion included concern about vehicle speeds within the roundabout, meeting the needs of the vehicular traffic passing through Bay Avenue, and pedestrian and bicyclist safety.
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City Council Meeting Minutes – September 28, 2023
City of Capitola Page 3
The City Council requested more information about comparable safety statistics for similar intersections, City Council involvement with design of the intersection, and support for a temporary improvement while determining a permanent solution. The City Council requested temporary design options for a road diet that prioritizes pedestrian and bicycle safety.

Motion to form an ad-hoc subcommittee, comprised of Council Members Clarke and Pedersen, to work with staff and invite businesses and partners to provide input regarding short-term and long-term options for improving pedestrian and bicycle safety at the Bay Avenue/Hill Street intersection, and return to the City Council with a report:

Council Member Brooks
Seconded: Vice Mayor Brown
Motion amended to remove long-term options, and direction to staff to look into longterm plans for Bay Avenue to include two roundabouts: Council Member Brooks Amendment accepted: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Vice Mayor Brown, and Mayor Keiser
C. City Council Appointments to City Advisory Bodies
Recommended Action: Appoint members of the public to the City of Capitola Commission on the Environment.

City Clerk Moss presented the staff report.

Motion to appoint Tucker Graessle to the Commission on the Environment for a one-year ex-officio term: Council Member Clarke
Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Vice Mayor Brown, Mayor Keiser

10. Adjournment – Adjourned at 7:47 PM to the next regularly scheduled meeting on October 12, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
____________________________
Julia Moss, City Clerk
14 Item 7 A.

Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve City Check registers dated September 1, 2023 and September 15, 2023.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
9/1/2023 104124 104238 125 $ 1,500,898.92
9/15/2023 104239 104341 109 $ 1,277,026.16
The main account check register dated August 18, 2023, ended with check #104123.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
9/1/2023 5842 5844 122 $ 203,466.42
9/15/2023 5845 5847 117 $ 200,979.26
The payroll account check register dated August 18, 2023, ended with check #5841.

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

Check/
EFT Issued to Dept Description Amount
104139 Burke Williams and
Sorensen LLP CM July Legal Services $ 42,819.71
104141 CALE America PD CP100CWT and Meter
Installation $ 11,332.00
104142 California Grey Bears Inc. CDD CDBG Health Food Program grant $ 12,542.85
104156 Eide Bailly LLP Fin Audit Services for FY22/23 $ 10,000.00 104201 RRM Design Group CDD July Capitola Housing Element Update Services $ 23,807.58
104203 San Benito County
Sheriff’s Office PD AT&T Reimbursement $ 14,007.49
104206 Santa Cruz County Bank Fin Pacific Cove Financing Lease Payoff $ 650,236.39
104225 Triad Electric Inc PW City Hall & PD Generator $ 38,049.40 104231 US Bank PARS CM Quarterly PARS trust $ 250,000.00 15 Item 7 B.
contribution
104233 Visit Santa Cruz County Fin April – June TMD $ 66,907.08 1585 CalPERS Health Insurance CM September Health Insurance $ 67,099.93 1586 CalPERS Member
Services Division CM PERS Contributions PPE 8/19/23 $ 62,881.76 1587 Employment Development
Department CM State Taxes PPE 8/25/23 $ 10,324.32
1588 Internal Revenue Service CM Federal Taxes & Medicare PPE 8/25/23 $ 35,087.89
1592 Wells Fargo Bank Fin July Credit Card Charges $ 19,363.75 104251 Boone Low Ratliff
Architects Inc PW Jade St Community Center Renovation Design $ 29,061.60 104258 Complete Paperless
Solutions LLC CM Laserfiche Cloud Services Subscription $ 10,815.00 104263 Cushman Contracting Corp
Escrow PW August Wharf Project retainer $ 36,659.54
104264 Cushman Contracting
Corporation PW August Wharf Resiliency and Public Access $ 696,531.25 104267 Diamond D Company PW Kennedy Dr Sidewalk Project $ 22,520.75 104295 MV Transportation Inc PW August Shuttle Service $ 14,880.00 104304 RRM Design Group CDD
August Capitola Wharf
Rehabilitation Assistance /
June Housing Element
Services
$ 19,832.25
104308 Santa Cruz County
Auditor-Controller Fin August Citation Processing $ 11,944.00 104309 Santa Cruz County Human
Services Dept CM Homeless Action Partnership Cost Share $ 39,950.00 104327 Triad Electric Inc PW City Hall & PD backup
generator $ 39,960.00
104335 Watsonville Ford PW 2023 F-250 Truck $ 51,129.75 104340 Vision Communications
CO PD Radio System Upgrade $ 20,495.77
104341 Folsom Lake Ford PD 2023 Mustang Mach E $ 42,592.87 1593 CalPERS Member
Services Division CM PERS Contributions PPE 9/2/23 $ 62,515.28 1594 Employment Development
Department CM State Taxes PPE 9/2/23 $ 10,424.79
1595 Internal Revenue Service CM Federal Taxes & Medicare PPE 9/2/23 $ 34,893.34
Attachments:

1. 9-1-23 Check Register

2. 9-15-23 Check Register
Report Prepared By: Luis Ruiz, Accountant I
Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: City Manager Department
Subject: Tobacco Waste
Recommended Action: Adopt a resolution recognizing tobacco waste as a public health and environmental threat.

Background: On May 16, 2023, the County of Santa Cruz Board of Supervisors passed a resolution recognizing tobacco product waste as a public health and environmental threat; in 2021, both the Santa Cruz and Watsonville City Councils passed similar resolutions.

In 2019, the Capitola City Council banned the sale of all flavored tobacco products, including menthol.

On September 28, 2023, Vice Mayor Brown requested that staff bring forward a resolution for City Council consideration that declares tobacco product waste as a health and environmental threat.

Discussion: Cigarette filters (butts) are the number one item found on California beaches, including Capitola Beach, where they are washed into Monterey Bay and contribute to a common form of litter in the world’s oceans. Cigarette butts contain cellulose acetate, a non-biodegradable plastic, which breaks down into microplastics and bioaccumulates in marine organisms. Cigarette filters are also toxic waste, leaching dangerous chemicals such as arsenic and nicotine into the environment. Improperly discarded cigarette butts can poison small children, pets, wildlife, and marine life, and are a fire hazard. Cigarette butts do not actually filter out harmful chemicals from cigarette smoke and provide no demonstrated health benefits to smokers.

Emerging forms of tobacco waste include electronic cigarettes or vaping devices, and the e-juice, cartridges, batteries, and accessories associated with them. Tobacco waste is a health equity issue, disproportionately found in lower-income communities and communities of color.

The City of Capitola is dedicated to combatting all forms of waste, including cigarette filters, along Capitola Beach. This year, Capitola entered a formal contract with the local nonprofit Save Our Shores, which includes quarterly beach cleanups. After each cleanup event, Save Our Shores will submit data to City staff outlining amounts and types of waste collected, allowing us to track our community’s progress in eliminating and/or properly disposing of waste before it is left on the beach. The City also has cigarette butt receptacles installed on Capitola Wharf, in our public parking lots, along the Riverview pathway, and throughout Capitola Village to encourage smokers to properly dispose of cigarette butts.

Fiscal Impact: None.

Attachments:

1. Resolution
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
50 Item 7 C.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

RECOGNIZING TOBACCO WASTE AS A PUBLIC HEALTH AND ENVIRONMENTAL THREAT
WHEREAS, cigarette butts are the most littered item on Santa Cruz County’s riverways and beaches, where they are washed into the Monterey Bay and contribute to a common form of litter in the world’s oceans; and
WHEREAS, cigarette butts are an unsightly blight on City of Capitola sidewalks, parks, playgrounds, recreation trails, Capitola Beach, and other public spaces; and WHEREAS, Since 2018, local nonprofit Save Our Shores has collected 116,748 cigarette butts from Monterey Bay beaches, open spaces, and public areas; and WHEREAS, cigarette butts are made of cellulose acetate, a non-biodegradable plastic, which breaks down into microplastics and bioaccumulates in marine organisms; and WHEREAS, cigarette butts are not just litter but toxic waste, leaching dangerous chemicals such as lead, arsenic, and nicotine into the environment; and WHEREAS, improperly discarded cigarette butts can poison small children, pets, wildlife, and marine life; and
WHEREAS, improperly discarded cigarette butts are a fire hazard, responsible for burning 88,898 acres in California since 1980; and
WHEREAS, cigarette butts do not actually filter out harmful chemicals from cigarette smoke and provide no demonstrated health benefits to smokers; and WHEREAS, emerging forms of tobacco waste include electronic cigarettes or vaping devices, and the e-juice, cartridges, batteries, and accessories associated with them; and WHEREAS, tobacco waste is a health equity issue, disproportionately found in lower income communities and communities of color; and
WHEREAS, Big Tobacco takes no responsibility for its toxic waste, forcing the physical and financial burden of cleanup onto local government agencies and volunteer organizations; and WHEREAS, previous approaches including anti-litter laws, anti-smoking signage, increased waste disposal containers, and robust cleanup efforts have failed to solve the problem. 51 Item 7 C.

NOW, THEREFORE, BE IT RESOLVED, that the Capitola City Council hereby recognizes and declares tobacco waste a public health and environmental threat to the residents of the City of Capitola.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola, California, at a regular meeting held this 12th day of October, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Margaux Keiser, Mayor
ATTEST:
__________________________________
Julia Moss, City Clerk
52 Item 7 C.

Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: Finance Department
Subject: Donations Report
Recommended Action: Receive the FY 2022-23 Annual Donations and Contributions Report.

Background: In July 2013, the City implemented Administrative Policy III-15, which authorizes the City Manager to accept and appropriate donations or grants of $5,000 or less to support existing City projects and programs. Attachment 1 shows donations and contributions for the period July 2022 through June 2023.

Discussion: Between July 2022 and June 2023, the City received a total of $79,739.24 in donations and contributions. Of the total, $39,739.24 had values of $5,000 or less. These contributions included support for the Museum, Junior Guards scholarships, food truck event sponsorship, Plein Air, and the summer twilight concert series. In addition, the City received $40,000 in donations and contributions with values greater than $5,000. These contributions supported maintenance of the bike park at McGregor Park and afterschool Recreation program scholarships.

During this period, the City also received $485,935.43 in state and federal grants (Attachment 2).

Included was $1,419.12 for bulletproof vests, $18,161.24 for alcoholic beverage control activity reimbursement, $20,000 for Police Department wellness reimbursements, $64,029 for the Inclusionary Housing Ordinance update and Nexus study, $120,837 for the accessory dwelling unit program, $27,616.13 for the Wharf Rehabilitation Project, $65,000 for the Housing Element update, and $168,872.94 for Coronavirus relief and public assistance.

Fiscal Impact: The City of Capitola benefits greatly from the generosity of individual citizens, local businesses, non-profit agencies, and others. During FY 2022-23, the City received $565,674.67 in donations, contributions, and grant funding.

Attachments:

1. Donations

2. Grants
Report Prepared By: Leda Laidlaw-Hunter, Accountant I
Reviewed By: Jim Malberg, Finance Director; Julia Moss, City Clerk Approved By: Jamie Goldstein, City Manager
53 Item 7 D.

Date From Description Amount
9/20/2022 US Treasury Bulletproof Vest Partnership grant $      1,419.12 Various Sate of CA ABC grant ‐ OT, travel, & meal
reimbursement $    18,161.24
4/27/2023 State & Community Corrections Wellness grant ‐ equipment, membership, & counseling reimbursements $    20,000.00
4/20/2023 State of CA LEAP grant ‐ Update Inclusionary Housing Ordinance & Nexus Study $    64,029.00
5/11/2023 CA Housing & Community Development SB2 grant ‐ ADU program $  120,837.00 9/1/2022 CA Coastal Conservancy Wharf Rehabilitation grant $    27,616.13 Various AMBAG REAP grant ‐ Housing Element Update $    65,000.00 Various CA Housing & Community Development CDBG grant ‐ Coronavirus relief & public assistance $  168,872.94
$  485,935.43
City of Capitola Grants
July 2022 - June 2023
54 Item 7 D.

Date From Description Amount
Various Various Museum donations 10,089.24 $
5/11/2023 Public Safety Foundation Jr Guards Scholarhips 5,000.00 $ 8/4/2022 Public Safety Foundation Jr Guards Scholarhips 4,250.00 $ $    9,250.00
5/4/2023 Aspromonte Hotels Event Sponsor ‐ Food Truck 1,000.00 $ 5/4/2023 Capitola By‐The‐Sea Inn & Suites Event Sponsor ‐ Food Truck 1,000.00 $ $    2,000.00
9/7/2022 Aspromonte Hotels Plein Air 800.00 $
9/7/2022 Capitola By‐The‐Sea Inn & Suites Plein Air 800.00 $ 9/22/2022 Gayle's Bakery Plein Air 1,000.00 $
$    2,600.00
10/27/2022 Swenson Builders Twilight Concerts 2,500.00 $ 5/4/2023 Devcon Construction Twilight Concerts 1,800.00 $ 5/4/2023 Tai K. & Maria D. Boutell Twilight Concerts 900.00 $ 5/4/2023 Jessica Wallace Properties Twilight Concerts 900.00 $ 5/4/2023 Dianne L Gallagher Pereira & Stephen J Pereira Twilight Concerts 1,800.00 $ 5/11/2023 Laverne Collins Twilight Concerts 1,800.00 $
5/25/2023 MGP XI REIT Twilight Concerts 1,800.00 $
6/22/2023 Capitola Beach Suites Twilight Concerts 1,800.00 $ $  13,300.00
5/4/2023 Pizza My Heart Movies at the Beach 2,500.00 $
TOTAL $5,000 AND UNDER 39,739.24 $
1/5/2023 Soquel Unified Elementary School District  Afterschool Program Scholarships 20,000.00 $ 8/4/2022 Rudolph Monte Foundation Skate Park Donation 20,000.00 $ TOTAL OVER $5,000 40,000.00 $
GRAND TOTAL 79,739.24 $
City of Capitola
Donations & Contributions
July 2022 - June 2023
DONATIONS & CONTRIBUTIONS $5,000 AND UNDER
DONATIONS & CONTRIBUTIONS OVER $5,000
55 Item 7 D.

Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: Public Works Department
Subject: Master Agreement for State-Funded Transportation Projects Recommended Action: Adopt a resolution authorizing the City Manager to execute Agreement No. 05- 5304S21 with the California Department of Transportation to continue to receive State funds for transportation related projects and authorizing the Public Works Director to execute all program supplement agreements as required by Agreement No. 05-5304S21.

Background: The State of California Department of Transportation (CalTrans) requires agencies to operate under a State Master Agreement to receive funding for transportation projects. As projects are identified as being eligible for funding, project-specific program supplement agreements are executed to designate funding.

The City of Capitola has an existing State Master Agreement (No. 00245S) with Caltrans, which allows the City to receive reimbursement on a number of State-funded projects. The agreement has been in effect since October 28, 2015. To continue receiving State funding and reimbursements for certain transportation projects, authorization of a new master agreement is necessary.

Discussion: Under the proposed master agreement, project-specific program supplements are issued that become the contractual basis for Caltrans to reimburse the City for State-funded transportation projects. Program supplements define the scope of work and reimbursement limits and must be separately executed to receive the funds. The proposed resolution will authorize the execution of the Master Agreement with CalTrans and will authorize the Public Works Director to execute future program supplement agreements.

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

Attachments:

1. Master Agreement – Administering Agency-State Agreement for State-Funded Projects

2. Resolution
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
56 Item 7 E.
05 City of Capitola
-------- ---------------------------------------------- District Administering Agency
Agreement No. 05-5304S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Capitola, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT

STATE-FUNDED PROJECTS

57 Item 7 E.

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

58 Item 7 E.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a

59 Item 7 E.
fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for

60 Item 7 E.

PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not

61 Item 7 E.
being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a sixmonth period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of

62 Item 7 E.
indirect cost incurred within each fiscal year being claimed for reimbursement.

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

63 Item 7 E.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

64 Item 7 E.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.

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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

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8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or

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jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

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City of Capitola
City of Capitola
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________

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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement

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and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING THE

EXECUTION OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MASTER AGREEMENT NO. 05-5304S21
WHEREAS, the City is eligible to receive reimbursement from the State of California for state funded local projects, such as projects funded from the State Highway Account, subject to execution of a Master Agreement between the City (as an Administering Agency) and the State Department of Transportation (CalTrans), entitled “Administering Agency- State Agreement for State-Funded Projects.”
WHEREAS, the last such Master Agreement entered into by the City was executed in October of 2015, and CalTrans now requires that the City enter into an updated version of the Master Agreement due to changes in laws and policies since the time of the last agreement.

WHEREAS, the Administering Agency-State Master Agreement No. 05-5304S21 for State-Funded Projects, followed by a Program Supplement Agreement, will permit the City to receive State funds for a designated project.

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

1. The Administering Agency-State Master Agreement No. 05-5304S21 for State-Funded Projects is hereby approved, the City Manager is hereby authorized to execute and the City Clerk to attest to the execution of the agreement, and the City Clerk is further authorized to deliver the executed agreement, together with a certified copy of this Resolution, to the State of California.

2. The Public Works Director is hereby authorized to execute all Program Supplement Agreements required by Revised Master Agreement No. 05-5304S21.

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 12th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Keiser, Mayor
ATTEST:
_______________________
Julia Gautho, City Clerk
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Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: Police Department
Subject: Body-Worn Cameras and Tasers
Recommended Action: Authorize the City Manager to execute a 5-year agreement with AXON in an amount not to exceed $336,500 to purchase body-worn cameras and tasers; and authorize the surplus of current inventory of tasers and body cameras.

Background: The Police Department is committed to providing the highest level of policing services to the community. Body-worn and fleet cameras systems have been used for many years and are the industry standard for most police agencies. The camera systems provide video evidence of any interactions with the public and help achieve a higher level of trust and accountability between the department and the community.

Capitola's Police Department was the first agency in Santa Cruz County to acquire body-worn cameras.

Since the program's inception, the City has employed Motorola Solutions body-worn cameras, supplied by Watchguard. These body-worn cameras (BWC) and fleet camera systems were initially procured in 2015 through funding from the State Supplemental Law Enforcement Services Fund (SLESF).

Typically, a body-worn camera has a lifespan of three years, while vehicle cameras coincide with the vehicle's lifespan (3-5 years). Data from these cameras is stored locally, but challenges arise due to limited storage, high costs, and service continuity issues. Staff is seeking a suitable data storage vendor capable of managing the collected data and providing ongoing technical support.

Although individual cameras have been replaced as needed, the City’s current inventory of Motorola BWC and fleet cameras needs to be replaced and updated. Motorola notified the Police Department that they can no longer provide repairs or replacements for the City’s current BWC and fleet camera systems.

Tasers, essential tools for officer safety and de-escalation, are used by all Capitola officers. The current inventory of Axon "Taser 2" devices has surpassed its service life and is no longer under warranty, prompting the need for replacement. Tasers are effective in incapacitating individuals, facilitating safe detainment, and contributing to the force's decision matrix for de-escalation strategies.

Discussion: Staff sought bids from three vendors: Motorola, LensLock, and Axon. Motorola, the City’s current vendor, provides a new camera system which requires a five-year contract. LensLock and Axon both offer comparable BWC and fleet camera systems.

The Police Department researched all three vendors for information and estimates. All three vendors have switched to five-year lease programs rather than a traditional purchase. The vendors provided similar costs, ranging from $325,000 to $361,000. Two of the vendors, Motorola Services and Axon, provide built-in Automated License Plate Readers (ALPR) as part of their fleet of cameras. Axon offers various models of conducted energy devices (tasers) that are integrated with the body-worn camera technology to be activated and collect data when tasers are deployed.

Axon offers bundling discounts for agencies that simultaneously update their conducted energy devices (CED) equipment, BWC and fleet cameras, and data storage. This presented an opportunity to upgrade the City’s inventory of BWC and tasers, while also solving the City’s data storage issues. This will eliminate the need for frequent replacement purchases and ensure stability throughout the five-year lease period. Axon offers a fleet camera, but it is currently unavailable to order due to limited supply. Staff intends to replace the fleet camera inventory once Axon is able to fulfill the order and will amend the agreement to that effect.
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Axon has partnered with a cooperative purchasing organization (Sourcewell) that provides competitively solicited contracts to government agencies, educational institutions, and nonprofits. This partnership allows City staff to access pre-negotiated government pricing for services without completing a traditional Request for Proposal (RFP) process. The five-year contract for BWC, data storage, and tasers is $336,500, and this meets the needs and requirements of the City for the duration of the contract.

Fiscal Impact: The 5-year agreement with Axon will cost a total of $336,500. The adopted FY 2023-24 Budget includes $230,000 from the General Fund for this equipment, and $120,000 can be appropriated from the Supplemental Law Enforcement Servies Fund. Therefore, there is adequate funding for the fiveyear agreement. The estimated sale of the surplus body cameras and tasers is estimated at $2,000 – $2,500 and will be deposited into the City’s Internal Service Equipment Fund.

Attachments:

1. Axon Agreement
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: City Manager’s Department
Subject: Travel Reimbursement for City Councilmembers
Recommended Action: Accept report on attendance at the 2023 League of California Cities Annual Conference from Alexander Pedersen, in accordance with Government Code Section 53232.3.

Background: Government Code Section 53232.3(d) requires that public officials provide a brief oral or written report on meetings attended at the expense of the City at the next regular meeting. Council Members Brooks and Pedersen attended the League of California Cities Annual Conference from September 20 to September 22, 2023.

Discussion: Council Member Pedersen submitted a reimbursement request to the City Clerk’s office on October 5, 2023. All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (CA Govt. Code 53232.3(e)).

Fiscal Impact: The FY 2023-24 Budget allocated $3,000 per Council Member for travel and training.

Attachments:

1. Report
Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Jim Malberg, Finance Director
Approved By: Jamie Goldstein, City Manager
83 Item 7 G.

Alexander Pedersen Report on Attendance at the 2023 League of California Cities Annual Conference and Expo
To: City of Capitola
Date: 10/5/23
In accordance with Government Code Section 53232.3, I am pleased to provide an overview of my participation at the 2023 League of California Cities Annual Conference and Expo. I commenced my attendance with the Keynote Address titled "From Conflict to Conversation" where Matt Lehrman, the Managing Director of Social Prosperity Partners, highlighted the paramountcy of effective communication. The talk underscored how community leaders can adeptly address complex and sensitive issues, ensuring everyone involved feels both heard and respected. On the evening of September 20, 2023, I attended the "Rollin’ on the River" event aboard the Delta King, situated at 1000 Front St, Sacramento. It was a lively affair that combined casino-style gaming and dancing, presenting a dynamic networking environment.

Notably, I had the opportunity to engage with multiple City Council members and government employees from our county, fostering valuable connections and discussions. One of the pivotal sessions I attended was "Navigating the New State Housing Laws" held in Concurrent Session Room A7-A8. This was an enlightening dive into the labyrinth of state housing laws enacted since 2016, offering insights into effective understanding and implementation. My exploration of the Expo Hall was particularly enriching. I had the opportunity to engage with businesses that presented solutions tailored for cities. Noteworthy booths included USDA and OpenGov. The Monterey Bay Division Lunch held at Mayahuel on 1200 K Street was a significant gathering.

Over lunch, it presented an excellent opportunity for me to meet and converse with local mayors and City Council members from the greater Monterey Bay area, allowing for a deeper understanding and connection with these regional leaders. I also attended a session on "Adapting Main Street for a Changing Retail Landscape" in Concurrent Session Room A4. This discussed the evolving state of retail, especially in the aftermath of the pandemic. The importance of innovation and flexibility in promoting downtown vitality in this new age was emphasized. Further, the session "From Idea to Action: Budgeting for Strategic Impact" in the Speaker Theater of Hall ABC was insightful. Monica Cook, the Director of Solutions Engineering at OpenGov, delved into best-in-class examples of budget planning and performance frameworks. Equally engaging was the session on "AI in Governance: Opportunities and Ethical Considerations", which examined the transformative potential of machine learning in governance, the challenges and the ethical considerations therein. The session "Building Relationships Between Police Departments and the Community" in Room A1 stood out for its significance. Here, seasoned police chiefs shared their experiences and strategies to cultivate and maintain positive community relationships. Outside the structured sessions, I had enriching interactions with numerous exhibition representatives. Additionally, I forged valuable connections with fellow councilmembers and city managers ranging from Santa Cruz County to across the state. To culminate, we had a delightful dinner with Sam's team at Burke, Williams & Sorensen, which provided yet another avenue for productive discussions and networking. I trust this report provides a comprehensive overview of my engagement at the conference, reflecting both the knowledge gained and the relationships cultivated. 84 Item 7 G.

Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: Public Works Department
Subject: Cliff Drive Resiliency Project
Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for professional planning, permitting, and design services for the Cliff Drive Resiliency Project in the amount of $1,193,700 in substantially similar form, as approved by the City Attorney, as the attached agreement; and adopt a resolution amending the FY 2023-24 Budget to accept and appropriate grant funding from the California Coastal Commission and Federal Highway Administration.

Background: Cliff Drive serves as a heavily utilized arterial road and acts as a primary evacuation route for the low-lying Capitola Village mixed-use district. The road also provides public coastal access to parking areas and a stairway leading to the beach. Unfortunately, during the January 2023 storms, Cliff Drive suffered damage to the adjacent rip rap revetment and localized bluff erosion due to excessive precipitation and strong storm surges.

The City successfully secured Federal Emergency Relief (ER) funding through the Federal Highway Administration (FHWA) and Caltrans Local Assistance (Caltrans LA) for professional engineering and environmental services required to repair the damaged bluff along Cliff Drive within the City's right of way.

This funding stipulates that the project must be ready to request construction funding by September 2025.

Additionally, the City previously received $450,000 from the California Coastal Commission (CCC) Local Coastal Program (LCP) Local Assistance Grant Program for performing an alternatives analysis for a future anticipated project on Cliff Drive.

Following the funding notification, staff issued a request for proposals (RFP) to solicit a multidisciplinary team that would assist the City in a two-phased design approach. Phase 1 involves understanding the existing conditions, opportunities, and constraints associated with Cliff Drive. This process will lead to the development of project alternatives, which will be refined through community and stakeholder outreach to determine a preferred alternative for review under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Phase 2 will focus on completing the environmental review process and obtaining permits from environmental regulatory agencies and the California Coastal Commission. This phase will culminate in the development of final plans for bidding and construction.

Discussion: The RFP was released in late August; CSW/Stuber-Stroeh Engineering Group, Inc. (CSW/ST2) submitted the only response by the September 26, 2023 deadline (Attachment 1). Due to the tight timeline for project development, design, and permitting, CSW/ST2 formed a team of consultants specifically for this project, which otherwise would have been expected to bid independently. Staff recommends, with approval from Caltrans, to sole-source this project and award the contract to CSW/ST2. Staff conducted an interview with the consultant and contacted their references, and they are considered suitable consultants for this project. CSW/ST2 has successfully completed several similar projects along the coastal areas of California.

Caltrans Audits and Investigations (A&I) and Architecture and Engineering (A&E) are currently reviewing staff's recommendation, and the City can proceed with entering into an agreement with CSW/ST2 once the review is complete. Caltrans LA has indicated the City can proceed with conditional approval concurrently with A&I and A&E review. If the City Council approves the contract as recommended, it will be executed following Caltrans LA approval.

Fiscal Impact: The City was awarded Federal ER funding amounting to $839,408 for professional engineering and environmental services, of which 88.53% ($743,127) will be reimbursed by 85 Item 8 A.

FHWA/Caltrans LA, and 11.47% ($96,281) will be supported by a City match. The City match must be non-federal funding, which can be covered by the $450,000 grant from the Coastal Commission, resulting in a total project budget of $1.2 million.

The current available funding for the capital construction of this project is approximately $8.4 million, which will also be reimbursed at a rate of 88.53% with federal funding, requiring a City match of approximately $918,000. The City would apply the remaining $353,700 of the $450,000 grant towards the City’s match, leaving a remaining amount of $564,300.

Attachments:

1. Project Proposal CSW/ST2

2. Draft Agreement
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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P:\Shared\Projects\2023\2300248 Capitola Cliff Drive Resiliency\DOC\100 Administration\102 Contract\Prime Contract\0-LTR-2023-09-26-Kahn-Capitola.docx Adaptive Solutions for Resilient Designs
303 Twin Dolphin Drive
Redwood City, CA 94065
www.cswst2.com
Berkeley | Novato | Petaluma | Pleasanton | Redwood City | Richmond October 3, 2023
Jessica Kahn
Public Works Director
City of Capitola
420 Capitola Avenue
Capitola, CA 95010
Subject: Cliff Drive Resiliency Project – Planning, Environmental, Design, PS&E, and Construction Support Services”
Dear Ms. Kahn:

Please find attached our fee proposal to support the planning, permitting, and design effort.

Sincerely,
Robert Stevens, PE, TE
Principal
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Cliff Drive Resiliency Project
Work Plan

WORK PLAN
The Capitola community is seeking a strategy to maintain Cliff Drive as an access corridor for vehicles, pedestrians, and bicyclists seeking to travel to and from Capitola Village. However, the eroding bluff composed from the Purisima foundation is eroding compromising the integrity of Cliff Drive. Climate induced sea level rise will likely increase the rate of erosion.

The City has received funding from the California Coastal Commission (CCC) through the Local Coastal Program Local Assistance Grant Program as well as the FHWA’s Emergency Relief Program. The CCC funds the alternatives analysis while the FHWA grant supports the process to finalize construction documents.

Various agencies have identified that bicycle and pedestrian access requires improvement along this segment of the coastline. Santa Cruz County is currently studying options to transform the existing rail alignment into a multi-use trail. The segment along Cliff Drive is known as Segment 11 and ends to the west of the Soquel Creek overcrossing. Continuing this pathway to Capitola Village along Cliff Drive is an objective. Thus, integrating improved pedestrian and bicycle access in coordination with the proposed trail segment will be a key goal in amending the City’s existing Local Coastal Program.

From the big picture perspective, there are two basic alternatives to evaluate related to protection and a managed retreat strategy. Within these strategies, there are a series of options that can generally be related to the expected life of the facility. The following summarizes the options:

1. Protection Strategy. Cliff Drive remains in its existing location. If so, there are the following potential options:
a. Slope reinforcement fabric as a short-term solution. b. Add additional rip rap at the base and install rock anchors in the bluff for a short to midterm solution. c. Install a full-face tieback with shotcrete soil nail wall for a longer-term solution. d. Install a secant pile concrete wall, with a concrete deck that allows Cliff Drive to cantilever for a long-term solution.
e. Install Cliff Drive on a causeway (side hill viaduct) for a long-term solution.

2. Managed Retreat Strategy. Cliff Drive is relocated inland, and the existing roadway is open to pedestrians and bicyclists until it erodes.
a. Re-using the railroad corridor as a transportation link. b. Re-route traffic to Capitola Road with a bridge crossing Soquel Creek. c. Re-route traffic to Clares Street with a bridge crossing Soquel Creek. d. State Route 1 with exits at 41st and Bay Avenues become the link.

From discussions with the community and stakeholders, we plan to investigate the options noted above.

For our scope of work, we assume the project will protect Cliff Drive in-place and include a shotcrete anchor wall that supports the terrace deposits above the siltstone Purisima formation. To slow the rate of erosion of the siltstone, the project would reinforce the rock slope protection and add anchors with netting. Where 88 Item 8 A.

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feasible, the project would cantilever the sidewalk to add additional width for a sidewalk and for closing the gap in the multi-use pathway with Capitola Village. The attached figure illustrates a potential solution that is the basis of our design effort.

The following team members will support the evaluation of options for Cliff Drive. • CSW/ST2 will be the project manager, transportation engineer, develop the alternatives analysis, and surveyor for the project.
• Biggs Cardosa will be the structural engineer leading the evaluation of structural options for bluff stabilization.
• CivicKnit will lead the approach to public outreach as well as collaboration with the Coastal Commission.
• ENGEO will lead the geotechnical engineering approach and provide input for wall design options. • Moffatt and Nichol will lead the coastal engineering approach and support coordinating with the Coastal Commission.
• Northgate Environmental will lead the assessment of biological and cultural resources as well as prepare the CEQA IS/MND and support the NEPA technical studies. • Walter Crampton of ENGEO will serve as our independent quality control representative.

The following scope of work separates the project into two basic phases which are summarize as follows:

Phase 1. In this phase, we develop an understanding of the existing conditions and opportunities and constraints associated with Cliff Drive. This process culminates in the development of a series of project alternatives which are refined through community and stakeholder outreach to develop a preferred alternative for review under CEQA/ NEPA.

Phase 2. With a formal project description, we will complete the environmental review process, which will allow for acquisition of permits from the environmental regulatory agencies as well as the California Coastal Commission. As we work through the approval process, our team will develop final plans for bidding and construction.

Our scope of work to support the resiliency planning of Cliff Drive includes the following elements:

TASK 1: PROJECT MANAGEMENT AND COMMUNITY/ STAKEHOLDER ENGAGEMENT In this initial phase, our team will work with City staff to review project goals and develop a process for stakeholder outreach.

1.1 Project Kickoff. Key members of our team will meet with City staff to review the goals and objectives of the project. During this meeting, we will review opportunities to refine our outreach strategy and finalize the schedule for Phase 1.
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CLIFF DRIVE

SANTA CRUZ REGIONAL TRANSPORTATION COMMISSION
FUTURE COASTAL TRAIL SEGMENT 11

PARALLEL PARKING
950 FEET

BLUFF STABILIZATION

MONTEREY BAY
APN 34-52-14
APN 34-081-01

SIDEWALK

OVERLOOK

END PATHWAY

SIDEWALK TO CAPITOLA VILLAGE
APN 34-51-07
BEGIN 1997 WALL END 1997 WALL

EXISTING CLIFF DRIVE
0'
50'
MHHW=5.5'
MLLW=0.1'
ALLOW 6.9' FOR 2100 SEA LEVEL
RISE 0.5% PROBABILITY

CLIFF DRIVE

LOOKING EAST

SIDEWALK WIDENING TO PROVIDE
8' WIDE PATHWAY

ROCK NET AND

ANCHORS TO SLOW

BLUFF EROSION

ANCHORS
FLOOD ZONE VE=18'
NAVD88
HIGHEST OBSERVED TIDE=11.4'

APPROXIMATE TSUNAMI

INUNDATION LEVEL
TRAVEL
LANES + CL2 PKG FUTURE
PATH

SANTA CRUZ

REGIONAL

TRANSPORTATION

COMMISSION

PACIFIC
OCEAN
0'
50'

CLIFF DRIVE AT OVERLOOK

LOOKING EAST
NAVD88

SANTA CRUZ

REGIONAL

TRANSPORTATION

COMMISSION

PACIFIC
OCEAN
TERRACE DEPOSITS 0-15' +/-

PURISIMA FORMATION

SILTSTONE

SHOTCRETE/ TIE BACK

SUPPORTING DEPOSIT
LAYER
SW

RE-STACK AND ADD

RSP AS NEEDED TO

REDUCE WAVE IMPACT
ENERGY

EXISTING CLIFF DRIVE
TRAVEL
LANES + CL2 PKG FUTURE
PATH
SW
TERRACE DEPOSITS 0-15' +/-

PURISIMA FORMATION

SILTSTONE

PARKING

ANCHORS

RE-STACK AND ADD

RSP AS NEEDED TO

REDUCE WAVE IMPACT
ENERGY

ROCK NET AND

ANCHORS TO
SLOW

BLUFF EROSION

SHOTCRETE/

TIE BACK

SUPPORTING

DEPOSIT
LAYER

GRADE BEAM TO

REINFORCE EXISTING

WALL SECTION

LAYOUT PLAN
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1.2 Outreach Strategy Plan. We will refine the outreach strategy plan including a schedule, description of each engagement activity, level of engagement, and list participants to be invited to outreach events.

We propose to develop several groups to present comments and seek feedback including:

A. Technical Working Group. We propose to establish a technical working group that includes key project stakeholders such as City staff, fire, police, Santa Cruz County Regional Transportation Commission (SCCRTC), Local Assistance Environmental Group, and Caltrans.

B. Regulatory Agencies. We will coordinate second group of agencies who have authority or potentially could fund the project including: Coastal Conservancy, United States Army Corps of Engineers (USACE), Central Coast Regional Water Quality Control Board (CCRWQCB), CA Fish & Wildlife (CDFW), Monterey Bay National Marine Sanctuary, and California State Lands Commission (CSLC).

C. Community Stakeholders. We will work with the City to identify potential Community Partners who can advise the team on engagement and serve as ambassadors to their communities. At a minimum, this will include coordination with the Surfrider Foundation, Save the Waves Coalition, Capitola Soquel Chamber of Commerce, and the Santa Cruz County Cycling Club.

D. California Coastal Commission. Our team believes that working meetings with the Coastal Commission staff are critical to advance the project’s planning. We have included several meetings with staff throughout the planning process.

In addition to these components, the outreach strategy will also develop an online presence. This will involve the creation of a community-wide online survey, establishing an engaging project website, and utilize various social media platforms for electronic messaging.

1.3 Project Budget. Implementing a major bluff stabilization will be expensive. Our team will develop a preliminary budget for discussion with the City to confirm there is adequate internal and external funding to support the project. If not, we will review alternative options and establish baseline budgets for consideration.

1.4 Quality Management Plan. We will prepare a project specific plan to manage quality for the project’s development. This plan will use the Caltrans Article 9 template to serve as a basis. Criteria that the plan will address include documentation of existing conditions, geometrics, drainage, utility clearance, wall structure, bike and pedestrian safety, cost control, and constructability.

1.5 Contract Management. CSW/ST2 will be responsible for overall management of our design team including the following:

A. Project Management. We will manage the design team as well as track progress, schedule, and budget. We will be responsible for documenting decisions and keeping an official record of the project. Furthermore, we will submit monthly progress reports identifying tasks completed, budget status, and issues status.

B. Quality Control/ Assurance. Walter Crampton of ENGEO will perform an independent quality control review of the team’s documents prior to submittal.

C. Meetings. In addition to the kickoff meeting, we will attend two meetings during this phase to coordinate the activity.
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Task 2 Opportunities and Constraints Assessment
During this initial phase our team will review existing studies and complete additional analysis to develop an opportunities and constraints map for use in developing alternatives.

2.1 Document Review. Our team will review the existing documents developed by the Capitola, Santa Cruz County, and others for the area. This would include a review of similar coastal permits to understand the precedent for allowing such critical transportation infrastructure to remain in historic locations, access considerations, and what will be necessary to mitigate for bluff armoring.

2.2 Existing Conditions Mapping. Our team will compile an existing conditions map of the Cliff Drive and the bluff including the following:

A. Property Boundary and Record Monuments: Our team will develop the right of way for Cliff Drive as well as adjoining private parcels including APN: 034-081-01, 034-051-07, and 034-052- 14 based upon Santa Cruz County’s standards. Santa Cruz County will share the right of way for future trail segment 11. For the other locations, we will research property data and complete a boundary resolution. If the boundaries require resolution, we will file up to three (3) Records of Survey consistent with California law.

B. Monument Preservation: We will locate and preserve record monuments in accordance with the Business & Professions Code §8771; Streets & Highways §732 & §732.5, §1492.5, §1810.5; and Penal Code §605. We will locate these monuments and develop special provisions requiring the contractor to file a pre-construction corner record with Santa Cruz County showing three reference control points that are tied to the monument.

C. Survey: Our team will collect topography using both traditional and drone methods. This will include buildings, sidewalks, curbs, pavement grade breaks, surface utilities, and the face of the bluff. We will depict the asphalt’s surface and drainage patterns with spot elevations and contour data at 1-foot intervals. Our team will create a three-dimensional model of the bluff’s face to accurately model surfacing options. We will collect utility records as well as measure the depth of gravity systems and water valves to establish horizontal and vertical data.

D. Prepare Base Map: CSW/ST2 will develop a detailed base map integrating topography, boundary, and utility information.

2.3 Geology. Using the existing site geotechnical investigation supplementing the Haro, Kasunich and Associates investigation dated July 1995 and other information, ENGEO will support the team in assessing bluff stability and options to attenuate erosion.

2.4 Coastal Analysis. Moffatt and Nichol will complete a coastal analysis that supplements the original work prepared by the firm for the Capitola Beach Jetty Rehabilitation project in 2018 for Coastal Development Permit application 3-18-0814. We will evaluate the following elements:

A. Sea Level Rise. We will establish both the near- and long-term sea level rise scenarios for the project site using the Federal Emergency Management’s base flood elevation and guidance from the California Coastal Commission and Ocean Protection Council. This analysis will also consider the changes in MHHW and MLLW due to sea level rise to establish a basis of design for bluff stabilization.
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B. Wave Run-up Study. Capitola is exposed to both wind waves and Pacific swell. Because Capitola is sheltered, winds from the northwest, north, and northeast will not generate waves along the bluff. The headlands of Pleasure Point further shelter the coastline. Winds blowing from the east, southeast, and south have limited fetch to generate large waves. The greatest wind-induced wave heights occur from winds blowing from the southwest, which occur about 24% of the time. Our team will assess the data, estimate wave height, and impact energy to support the design process.

C. Sand Supply. A 1971 report entitled “Sand Budget for Capitola Beach” concluded that if all the bluffs were faced with concrete, there would be 3,800 CY reduction of sand which is about 1% of average annual littoral transport. Based upon the geotechnical investigation, we will determine the overall volume of sand supply lost by the project should the bluff be fully armored. This value will result in a mitigation fee levied by the Coastal Commission. In some cases, this fee can be waived by offering the equivalent public access improvements.

D. Tsunami Hazard. We will evaluate the impact of Tsunami Hazards on the bluff related to a project with or without stabilization. The current Tsunami mapping illustrates that the wave heights are below Cliff Drive.

2.5 View Corridor. Our team will visit the site and develop a photographic log of existing conditions, helping understand preferred view corridors.

2.6 Hydrology. Our team will review the project area topography to develop watersheds and flow paths as well as generate runoff rates.

2.7 Biological Resources. Northgate will prepare a technical memorandum summarizing biological resources known to occur in the project vicinity and potential constraints to bluff stabilization. The primary purpose will be to identify habitats suitable for special-status plant and/or animal species, special-status natural communities, and/or jurisdictional features (e.g., wetlands or other waters of the United States) that may be affected by the project.

2.8 Cultural Resources Assessment. Northgate will provide 1) a Cultural Resources Technical Report (during Phase 1) to assist the City in assessing and ranking of project alternatives; 2) an Archaeology Survey Report (ASR) using the template provided in Caltrans Standard Environmental Reference, Volume 2 (for Section 106 Compliance) that discusses the paleo-environment, archaeology, ethnography, and history of the project area; and 3) and a Historic Property Survey Report (HPSR) that is the summary document used by Caltrans to document its Section 106 consultation and decisionmaking processes for federal undertakings.

2.9 California Coastal Commission. We will coordinate a meeting with Coastal Commission staff to review their jurisdictional limit and discuss the process to advance the approval process including the approach to amending the Local Coastal Program.

2.10 Opportunities and Constraints Map. Using data collected by the City as well as information developed by our team, we will prepare an opportunities and constraints map that illustrates topography, boundary, environmental and cultural resources, geologic hazard, and view corridors.

This map will illustrate existing coastal access, amenities, and observation points. Our team will use this map as the basis for planning the alternatives.
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2.11 Contract Management. CSW/ST2 will complete the tasks as defined in Task 1 as well as attend two (2) meetings during this phase.

Task 3. Alternatives Analysis
Using the data collected, our team will evaluate several alternatives with the primary goal of preserving multimodal circulation to and from Capitola Village.

3.1 Alternatives Analysis. Using data developed in Task 2, our team will evaluate the above-listed alternatives as well as others generated by stakeholders. Alternatives will require consideration of design life; constructing improvements within the Coastal Commission’s jurisdiction generally requires a life of 75 to 100 years. To support the evaluation, we will compile the following:

A. Exhibits. The improvements included in each alternative will depend on their scope, but generally will include the following elements:
i. Roadway alignment including vehicle, bicycle, and pedestrian accommodation. ii. Parking
iii. Bluff Stabilization, plan, and section
iv. A vehicle parking area potentially located along Highway 1 or within the site. v. Site amenities lookouts, benches, and interpretive elements vi. Right of way requirements
B. Analysis. For each alternative, we will provide the following analysis:
i. Fatal flaw assessment
ii. Improvements to coastal access
iii. Estimated design life and resiliency to sea level rise iv. Transportation delay impact
v. Habitat protection and enhancement
vi. Construction as well as operations and maintenance costs vii. Permitting and environmental review considerations viii. Right of way acquisition
ix. Visual impact
C. Comparison. The CCC will require a detailed assessment of the alternatives comparing their relative merits with the policy. We will prepare a draft memorandum summarizing the analysis of this first round of assessment.

Key Deliverables. We will provide electronic (PDF and native format) of the following documents:
a) Biological and Cultural Resources Technical Memoranda b) Coastal engineering memorandum
c) Existing Conditions Topography
d) Opportunities and Constraints Map
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3.2 Outreach – Alternatives Evaluation. Based upon the outreach strategy developed in Task 1, we will complete the following:

A. Online Platform. Our team will establish a webpage within the City’s website that provides information related to the project including the development schedule. This site will offer an opportunity for visitors to offer project feedback. We will use this as a tool to provide responses to community concerns. Our team will also create a community-wide online survey to capture community opinions about the bluff stabilization project. This survey can remain active throughout the engagement process. Finally, we will utilize various social media platforms for electronic messaging.

B. Project Development Team. We will host a working meeting with the technical advisory team to review alternatives and discuss their relative merits. This will include a discussion of our assessment of fatal flaws, which will help to advance the alternatives for refinement.

C. Stakeholders. Our team will coordinate a meeting with project stakeholders to review their initial comments on the options.

D. Community Meeting. We will host a public meeting in Capitola inviting the community’s input on the project, alternatives, and process to advance the project.

3.3 Alternatives Refinement. Based upon the results of outreach, our team will refine at least three of the alternatives that are feasible, providing further analysis details described in Task 3.1.

3.4 Outreach – Preferred Alternative. We will host meetings with the project development team and stakeholders as detailed in Task 3.2 to review the alternatives. At the close of this process, we expect to have a preferred alternative that can be advanced to the preliminary engineering stage.

3.5 Alternatives Report. Based upon the discussion held in Task 3.4, we will document all alternatives as well as the process to develop a preferred option.

3.6 LCP Amendment. According to the California Coastal Trail map, this stretch of Cliff Drive is identified as a "Primary California Coastal Trail - Needs Improvement” and it has featured prominently in the local rail to trail discussion. During this task, our team will work with staff and the Coastal Commission to amend the existing Local Coastal Program to reflect potential changes in the Public Access Component, which generally relates to a multi-use trail and coastal overlook along Cliff Drive.

3.7 Contract Management. CSW/ST2 will complete the tasks as defined in Task 1 and attend two (2) meetings during this phase.

Key Deliverables. We will provide electronic (PDF and native format) of the following documents:
a. Concept alternative plans, exhibits, and narratives
b. Preferred alternative plans, exhibits, and narratives c. Outreach agendas, presentations, and minutes
d. Content for online platforms
e. Final alternatives report
f. LCP Amendment
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Task 4. Preliminary Engineering
Our team will develop the preferred alternative to the 35% level of design for use in environmental review and permitting based upon the near-term option as shown in the attached figure.

4.1 Geotechnical Analysis: ENGEO will complete a site geotechnical investigation supplementing the Haro, Kasunich and Associates investigation dated July 1995. The scope of the geotechnical services will include the following:

A Pre-Field Activities. We will coordinate with Santa Cruz County to obtain the required encroachment permits necessary to access the trail and public right-of-way areas. ENGEO will notify local utility agencies of our planned explorations through Underground Service Alert. Our explorations will be backfilled with cement grout in accordance with the County’s standards.

B Field Investigation. We will drill, log and sample up to four (4) bores to a depth of 100 feet (or practical refusal) along Cliff Drive. We will determine the exact number and dept after the completion of Task 3.

C Laboratory Testing. To evaluate the engineering properties of site soil, the following laboratory tests are anticipated:
i. In-situ Moisture/Density tests, American Society for Testing and Materials (ASTM) D7263 Test Procedure
ii. Grain Size Distribution tests, ASTM D1140 and D422
iii. Atterberg Limit tests, ASTM D4318
iv. Soil Corrosion Testing, including pH, Chloride, Sulfate, and Resistivity (ASTM and Caltrans test methods)
v. Direct shear tests, ASTM D3080
D Engineering Analysis and Report Preparation. We will prepare a report that summarizes our interpretation of the onsite soil conditions and provides geotechnical design parameters and recommendations for various wall options including shotcrete tie back and secant pile walls.

4.2 Utility Survey: We will conduct a ground-penetrating radar (GPR) survey at key locations to characterize the existence and extent of underground utilities.

4.3 35% Design. Based upon the preferred alternative, our team will prepare the following documents:

A. Plans
i. Title sheet and vicinity map
ii. Resource Protection Plan
iii. Public Utility Relocation Plan
iv. Site Clearing Plan
v. Wall General Plan and Sections
vi. Rock Net and Anchor Plan
vii. Rock Slope Protection Layout
viii. Roadway Layout, Paving, and Striping Plan
ix. Site Drainage and Storm Water Control Plan
x. Utility Plan for non-potable water, electricity, and communications xi. Amenities plan
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B. Renderings.
i. Full color site plan
ii. At least four axiomatic renderings of the proposed plan C. Additional Documentation
i. Cost analysis
ii. Right of way requirements

4.4 Public Utilities. Our team will coordinate with the public utilities including PGE, Comcast, ATT, Soquel Creek Water, and the Sewer Division of Santa Cruz County Public Works to ensure their infrastructure is integrated into the design and consistent with the Utility Certification requirements of Local Assistance. This will include the following items:

A. Preliminary Notice. Our team will prepare a formal notification, also known as A Letters, to the utilities. This will include a coordination meeting at the City’s office (or online) to discuss the project and schedule.

B. Detailed Coordination. As we advance the design, our team will submit plans at the 35%, 65%, and 95% levels of completion also known as the B and C Letters/Plans. This will include a coordination meeting and summary of next steps with the process.

4.5 Outreach. We will host meetings with the project development team and stakeholders as detailed in Task 3.2 to review the alternatives. At the close of this process, we expect to have a project description that can be advanced to the preliminary engineering stage.

4.6 Contract Management. CSW/ST2 will complete the tasks as defined in Task 1 as well as attend two (2) meetings during this phase.

Task 5. Environmental Review and Permitting
Northgate will prepare environmental documentation pursuant to the California Environmental Quality Act (CEQA) with Capitola as the lead agency. We will prepare a Mitigated Negative Declaration (MND) supported by an Initial Study (IS) to complete the CEQA review. During this process, we will support the City in completing the NEPA analysis.

5.1 Project Description. Upon completion of the 35% PSE for the proposed project, Northgate will initiate an environmental review for the proposed project. CSW/ST2 and NGEM will develop a project description that will describe the components of the proposed project as well as the environmental setting for the project area.

5.2 Administrative Draft Initial Study/Mitigated Negative Declaration. Northgate will prepare an Initial Study in accordance with the CEQA Checklist (Appendix G of the CEQA Guidelines). The IS will include Key Deliverables. We will provide electronic (PDF and native format) of the following documents:
a. A draft and final version of the 35% PSE
b. Public outreach exhibits
c. Outreach agendas, presentations, and minutes
d. Content for online platforms
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all the checklist topics and include a response to each checklist question. Environmental analysis will be based on available information and additional technical studies prepared as part of the proposed project, including the technical work conducted during the planning process. A MND will be prepared and attached to the accompanying Administrative Draft IS.

5.3 Revised Initial Study/Mitigated Negative Declaration Document. Northgate will amend the Administrative Draft IS/MD based on a single set of consolidated non-contradictory comments from the City. We will submit a revised version of the document for approval. The purpose of the pre-print review will be to verify that Capitola is satisfied with the new and revised text.

5.4 Public Review Draft Initial Study/Mitigated Negative Declaration Document. Presuming that a Mitigated Negative Declaration is determined to be the appropriate level of environmental review, Northgate will produce a total of 20 copies of the Public Review Draft IS/MND, along with a PDF digital file suitable for electronic distribution. Northgate will also coordinate with Capitola to distribute the Draft IS/MND pursuant to CEQA and Capitola review procedures.

5.5 Response to Comments/Final Draft Initial Study/Mitigated Negative Declaration Document.

Northgate will review public and agency comments received on the IS/MND during the public review period, and prepare responses in a memorandum format, as necessary. Northgate will also prepare a Mitigation Monitoring and Reporting Program (MMRP) using the City’s preferred format. The MMRP will list mitigation measures that are recommended in the IS/MND and provide standards and timelines for monitoring these mitigation measures. The MMRP will be submitted as an appendix to the Final IS/MND.

5.6 Meetings and Public Hearing. Northgate will be available throughout the IS/MND process to discuss the project and strategize the environmental documentation.

5.7 NEPA Support. We will support the City and Local Assistance in the preparation of a NEPA categorical exclusion. This will include the following documents generally derived from the CEQA analysis:
a. Traffic Memorandum related to construction impacts.
b. Noise Memorandum related to construction impacts.
c. HazMat Memorandum. Geotracker shows no known contaminated areas along this segment of Cliff Drive. The primary concern will likely be contaminated soil. d. Natural Environment Study (Minimal Impacts)
e. 4f Memorandum as the project should promote access to public resources, this should fall within the CE category.
f. Visual Memorandum. We will provide visual simulations of bluff stabilization options matching the Opal Cliff’s geology.
g. Relocation Memorandum (TCE/ acquisitions). Based upon the PES in the project description, the project should only require subsurface anchor easements. h. Community Memorandum (parking space, utility)
i. Cultural Resource (APE/ HPSR/Asr) which will be based upon the CEQA document.

5.8 Contract Management. CSW/ST2 will complete the tasks as defined in Task 1 as well as attend two (2) meetings during this phase.
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Task 6. Permitting
With certification of the CEQA document by Capitola’s City Council, our team will coordinate to secure permits to construct the project.

6.1 Environmental Permitting Strategy. Based upon the 30% design documents, results of our wetland delineation and biological surveys, and botanical surveys (as needed), our team will prepare a summary of the permits that will be needed to implement the project. This summary will include key agency issues that will need to be addressed, probable timelines for agency review and processing, application fee amounts, and descriptions of all associated documentation required by the agencies. Potential documents needed to support environmental permitting may include:

A. Federal Endangered Species Act Section 7 Biological Assessment B. CDFW Section 1602 Lake and Streambed Alteration Agreement applications C. Habitat Mitigation and Monitoring Plan
D. National Historic Preservation Act Section 106 (Section 106) Cultural Resources Assessment E. USACE Section 404 Nationwide Permit or Individual Permit F. RWQCB Section 401 Water Quality Certification
G. USACE Alternatives Analysis (Section 404(b)(1) or State Wetland Procedures), if needed, based on the applicable USACE permit
H. Restoration Plan
I. Mitigation Plan
A site restoration plan will be prepared for any temporary project impacts, as needed. We will prepare an approach to mitigate wetland and riparian impacts associated with the project, which may include either the creation of on-site and/or off-site wetland and riparian mitigation and/or purchase of credits from a wetland mitigation bank.

6.2 Regulatory Permit Applications. Our team will prepare the permit applications and supporting documentation needed for regulatory review and approval of impacts within the five segments. This will include all the associated documentation stated in Task 6.1 above. We will secure approval for the following: USACE Clean Water Act (CWA) Section 404 Nationwide Permit or Individual Permit; RWQCB CWA Section 401 Water Quality Certification (WQC); and California Department of Fish and Wildlife (CDFW) Section 1602 Streambed Alteration Agreement.

Key Deliverables. We will provide electronic (PDF and native format) copies of the following documents:
a. Administrative Draft IS/MND
b. Public Draft IS, NOI, and NOC to the State Clearinghouse c. Administrative Final IS/MND
d. Final IS/MND, including the MMRP
e. The NOD
f. Electronic versions of the NEPA technical studies
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Upon completion of 50% design, Northgate will prepare environmental impact mapping figures that show potential waters of the U.S. and state, sensitive habitat features, and potential listed species habitat impacts. Draft environmental permits will be provided with the 75% design.

6.3 Coastal Development Permit. While the project may seek approval through the Local Coastal Program, we would expect that an appeal to the Coastal Commission could occur. Thus, we propose to complete an application and secure approval with the State. This would include providing the narratives, exhibits, and studies necessary for the public hearing. Our team will support staff in preparing a presentation and attending the hearing to secure approval of the project. This will include reviewing the Commission’s proposed mitigations and offering edits to alleviate liabilities for the City including options for sand supply fees.

6.4 Contract Management. CSW/ST2 will complete the tasks as defined in Task 1 as well as attend two (2) meetings during this phase.

Task 7. Final Design
With the conclusion of the environmental review process, our team will prepare final documents for use in bidding and construction.

7.1 Final Design. Our team will prepare final documents at the 65%, 95%, and final level of design including the following:

A. Plans
i. Title sheet and vicinity map
ii. Resource Protection Plan
iii. Public Utility Relocation Plan
iv. Site Clearing Plan
v. Wall Layout Plan and Sections
vi. Rock Net and Anchor Plan
vii. Rock Slope Protection Layout
viii. Roadway Layout, Paving, and Striping Plan
ix. Site Drainage and Storm Water Control Plan
x. Amenities plan
xi. Erosion Control Plan
B. Structural calculations
C. Specifications and bid schedule consistent with the Capitola’s standards with modifications for federal funding should it be available.

D. Storm Water Pollution and Prevention Plan
E. Cost estimate and bid schedule

7.2 Local Assistance. We will support staff in assembling documents to Local Assistance including:

A. Right-of-Way Certification. CSW/ST2 will complete the following to support the certification. i. Notices to Owners. Consistent with Task 4.2, we will complete and submit a Notice to Utility Owners informing them of the project and their need to relocate facilities in conflict 100
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at their cost.
ii. Form 13-B. We will complete Local Assistance Form 13-B “Right of Way Certification” for the project documenting that the City has permanent rights-of-way as well as utility clearances to construct the project. We assume this will be a Certification Number 1. iii. Right to Enter. While the contractor may need to enter private property to complete the work, it is for the benefit of the private property owner, which can be completed through a standard right of entry process. We will prepare two (2) right of entry documents.

B. Request for Authorization. With completion of the 100% documents as well as satisfaction of the right-of-way and environmental process, we will submit the following:
i. Request for Authorization Form and Cost Estimate (LAPM 3-A) ii. PS&E Certification and Checklist (Exhibit 12-D)
iii. Contract Goal Methodology (Exhibit 9-D)
iv. Plans and Specifications

7.3 Contract Management. CSW/ST2 will complete the tasks as defined in Task 1 as well as attend two (2) meetings during this phase.

TASK 8: BIDDING AND CONSTRUCTION SUPPORT
We will provide a fee upon completion of construction documents.

8.1 Bidding Support. Our team will assist during the bidding phase by assisting in outreach, attending the pre-bid meeting, responding to contractor requests for information, and preparing two (2) bid addenda if necessary.

8.2 Construction Support. During construction, the team will review submittals, respond to contractor questions, provide technical guidance, and prepare a punch list near the completion of construction.

Finally, we will prepare as-built documents based upon the contractor’s markup in Acrobat format.

Key Deliverables. We will provide electronic (PDF and native format) of the following documents:
a. Response to contractor bid requests
b. Bid addenda
c. Electronic drawings to the contractor for layout
d. Narrative from site observation visits
e. Review of submittals
f. Punch list when near completion of construction
g. As-built documents
Key Deliverables. We will provide electronic (PDF and native format) of the following documents:
a. Plans, specifications, and support documents in PDF and hardcopy formats b. Public outreach exhibits
c. Meeting agenda and minutes
d. Final documents in PDF, hardcopy, and AutoCAD format 101
Item 8 A.

Cliff Drive Resiliency Project
Work Plan

SCHEDULE
We propose to deliver our services as illustrated in the attached schedule.

COMPENSATION
CSW|ST2 agrees to provide our services as described above on a time and expense basis in accordance with direct cost-plus approved multiplier. We have attached a summary of the labor effort for all team members.

ASSUMPTIONS
In preparation for our scope of work, we have made several assumptions to establish our team’s labor effort.

1. The project will be completed in general accordance with the schedule provided.

2. The limit of the project is the bluff and Cliff Drive between APN 34-081-01 and 34-52-14.

3. The project’s construction valuation is about $15 million.

4. Santa Cruz County will share boundary and alignment data in a vector-based format for future Coastal Trail Segment 11.

5. We will invoice subconsultants without markup but have added a small management fee on our fee worksheet to process their payments.

6. Bidding and construction support are not included in the proposal.

SERVICES AND STANDARD OF CARE
CSW/ST2’s services shall be limited to those expressly set forth above. We shall have no other obligations or responsibilities for the project except as agreed to in writing, or as provided in this agreement. CSW/ST2’s services shall be provided consistent with, and limited to, the standard of care applicable to such services.

CSW/ST2 shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. 102
Item 8 A.

ID Task Name Duration Start Finish
1 Cliff Drive Resiliency Plan 399 days Mon 10/16/23 Thu 4/24/25 2 Notice to Proceed 0 days Mon 10/16/23 Mon 10/16/233 Phase 1 Alternatives 242 days Mon 10/16/23 Tue 9/17/244 Task 1. Initial Coordination 5 days Mon 10/16/23 Fri 10/20/235 Project Kickoff 0 days Fri 10/20/23 Fri 10/20/236 Quality Management Plan 5 days Mon 10/16/23 Fri 10/20/237 Outreach Plan 5 days Mon 10/16/23 Fri 10/20/238 Coordination Meeting 0 days Fri 10/20/23 Fri 10/20/239 Task 2 Opportunities and Constraints 70 days Mon 10/16/23 Fri 1/19/24 10 Document Review 15 days Mon 10/16/23 Fri 11/3/2311 Technical Studies 45 days Mon 11/6/23 Fri 1/5/2412 Coordination with Coastal Commission 0 days Fri 10/27/23 Fri 10/27/2313 Prepare Opportunities and Constraints Report
10 days Mon 1/8/24 Fri 1/19/24
14 Presentation to PDT 0 days Fri 1/19/24 Fri 1/19/2415 Task 3 Alternatives Analysis 172 days Mon 1/22/24 Tue 9/17/2416 Draft Alternatives 43 days Mon 1/22/24 Wed 3/20/2417 Prepare Alternatives 25 days Mon 1/22/24 Fri 2/23/2418 Presentation to PDT 0 days Fri 2/23/24 Fri 2/23/2419 Coastal Commission Meeting 0 days Fri 3/1/24 Fri 3/1/2420 Stakeholder Meeting 0 days Fri 3/8/24 Fri 3/8/2421 Community Meeting 0 days Wed 3/20/24 Wed 3/20/2422 Alternatives Refinement 32 days Mon 3/11/24 Tue 4/23/2423 Refine Alternatives 22 days Mon 3/11/24 Tue 4/9/2424 Presentation to PDT 0 days Tue 4/9/24 Tue 4/9/2425 Coastal Commission Meeting 0 days Tue 4/16/24 Tue 4/16/2426 Stakeholder Meeting 0 days Tue 4/23/24 Tue 4/23/2427 Task 4 Preliminary Engineering 105 days Wed 4/24/24 Tue 9/17/2428 Prepare 35% Documents 30 days Wed 4/24/24 Tue 6/4/2429 Presentation to PDT 0 days Tue 6/4/24 Tue 6/4/2430 Coastal Commission Meeting 0 days Tue 6/11/24 Tue 6/11/2431 Stakeholder Meeting 0 days Tue 6/18/24 Tue 6/18/2432 Public Utility Coordination 75 days Wed 6/5/24 Tue 9/17/2433 Phase 2 Environmental Review and Design 227 days Tue 6/11/24 Thu 4/24/2534 Task 5 Environmental Review 122 days Wed 6/19/24 Thu 12/5/2435 CEQA 122 days Wed 6/19/24 Thu 12/5/2436 Prepare Project Description 10 days Wed 6/19/24 Tue 7/2/2437 Admin Draft IS/MND 25 days Wed 7/3/24 Tue 8/6/2438 Staff Review 10 days Wed 8/7/24 Tue 8/20/2439 Revised Draft IS/MND 10 days Wed 8/21/24 Tue 9/3/24 10/16
10/2010/20
10/27
1/19
2/23
3/1
3/8
3/20
4/9
4/16
4/23
6/4
6/11
6/18
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2024 2025
TaskSplitMilestoneSummary
Project SummaryExternal TasksExternal MilestoneInactive Task Inactive MilestoneInactive SummaryManual TaskDuration‐only Manual Summary RollupManual SummaryStart‐onlyFinish‐only DeadlineProgressManual Progress

Project: msproj11
Date: Fri 9/22/23
103
Item 8 A.

ID Task Name Duration Start Finish
40 Staff Review 5 days Wed 9/4/24 Tue 9/10/24
41 Prepare Public Review Draft IS/MND 2 days Wed 9/11/24 Thu 9/12/2442 Public Review 30 days Fri 9/13/24 Thu 10/24/2443 Response to Comment Final IS/MND 15 days Fri 10/25/24 Thu 11/14/2444 Hearing and Ceritifcation 0 days Thu 12/5/24 Thu 12/5/2445 NEPA 122 days Wed 6/19/24 Thu 12/5/2446 Prepare technical studies / Memoranda 25 days Wed 6/19/24 Tue 7/23/2447 Caltrans Review 45 days Wed 7/24/24 Tue 9/24/2448 Respond to Comments 10 days Wed 9/25/24 Tue 10/8/2449 Local Assistance Files NEPA CE 0 days Thu 12/5/24 Thu 12/5/2450 Task 6. Permitting 127 days Tue 6/11/24 Thu 12/5/2451 Environmental Permitting 122 days Wed 6/19/24 Thu 12/5/2452 Prepare Permit Strategy 15 days Wed 6/19/24 Tue 7/9/2453 Corps of Engineers 90 days Wed 7/24/24 Tue 11/26/2454 RWQCB 90 days Wed 7/24/24 Tue 11/26/2455 Department of Fish and Wildlife 45 days Wed 8/7/24 Tue 10/8/2456 All Permits Received 0 days Thu 12/5/24 Thu 12/5/2457 Coastal Commission 127 days Tue 6/11/24 Thu 12/5/2458 Formal Submittal to CCC 0 days Tue 6/11/24 Tue 6/11/2459 Staff Coordination 90 days Wed 6/12/24 Tue 10/15/2460 Hearing 0 days Thu 12/5/24 Thu 12/5/2461 CDP issued 0 days Thu 12/5/24 Thu 12/5/2462 Task 7 Final Design 100 days Fri 12/6/24 Thu 4/24/2563 Prepare 65% PSE 25 days Fri 12/6/24 Thu 1/9/2564 Staff Review 10 days Fri 1/10/25 Thu 1/23/2565 Coordination Meeting 0 days Thu 1/23/25 Thu 1/23/2566 Prepare 95% PSE 20 days Fri 1/24/25 Thu 2/20/2567 Staff Review 10 days Fri 2/21/25 Thu 3/6/2568 Coordination Meeting 0 days Thu 3/6/25 Thu 3/6/2569 Local Assistance 60 days Fri 1/24/25 Thu 4/17/2570 Right of Way Certification 15 days Fri 1/24/25 Thu 2/13/2571 File Request for Authorization 0 days Thu 2/13/25 Thu 2/13/2572 Local Assistance Coordination 45 days Fri 2/14/25 Thu 4/17/2573 E76 Issued 0 days Thu 4/17/25 Thu 4/17/2574 Prepare 100% PSE 5 days Fri 4/18/25 Thu 4/24/2575 Project ready for Bidding 0 days Thu 4/24/25 Thu 4/24/25 12/5
12/512/5
6/11
12/512/5
1/23
3/6
2/13
4/17
4/24
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2024 2025
TaskSplitMilestoneSummary
Project SummaryExternal TasksExternal MilestoneInactive Task Inactive MilestoneInactive SummaryManual TaskDuration‐only Manual Summary RollupManual SummaryStart‐onlyFinish‐only DeadlineProgressManual Progress

Project: msproj11
Date: Fri 9/22/23
104
Item 8 A.

CLIFF DRIVE RESILIENCY PROJECT 10.3.2023

SUMMARY OF PROJECT COSTS
Task 1. Project Management and Community/ Stakeholder Engagement CSW|ST2 10,516 $
BIGGS CARDOSA 1,536 $
CIVIC KNIT 5,800 $
ENGEO 13,908 $
MOFFATT AND NICHOL 4,758 $
NORTHGATE ENVIRONMENTAL - $
BESS TEST LABS - $
Subtotal 36,517 $
Task 2. Opportunities and Constraints Assessment
CSW|ST2 38,327 $
BIGGS CARDOSA 10,376 $
CIVIC KNIT 14,800 $
ENGEO 66,718 $
MOFFATT AND NICHOL 72,121 $
NORTHGATE ENVIRONMENTAL 4,343 $
BESS TEST LABS 9,257 $
Subtotal 215,941 $
Task 3 Alternatives Analysis
CSW|ST2 81,191 $
BIGGS CARDOSA 40,853 $
CIVIC KNIT 46,000 $
ENGEO 9,171 $
MOFFATT AND NICHOL 31,253 $
NORTHGATE ENVIRONMENTAL - $
BESS TEST LABS - $
Subtotal 208,468 $
Task 4 Preliminary Engineering
CSW|ST2 29,863 $
BIGGS CARDOSA 60,321 $
CIVIC KNIT 7,450 $
ENGEO - $
MOFFATT AND NICHOL 32,599 $
NORTHGATE ENVIRONMENTAL - $
BESS TEST LABS - $
Subtotal 130,233 $
Task 5 Environmental Review and Permitting
CSW|ST2 4,663 $
BIGGS CARDOSA - $
CIVIC KNIT - $
ENGEO - $
MOFFATT AND NICHOL 18,991 $
NORTHGATE ENVIRONMENTAL 78,927 $
BESS TEST LABS - $
Subtotal 102,581 $
Task 6 Permitting
CSW|ST2 10,139 $
BIGGS CARDOSA 1,532 $
CIVIC KNIT 14,450 $
ENGEO - $
MOFFATT AND NICHOL 28,234 $
NORTHGATE ENVIRONMENTAL 27,007 $
BESS TEST LABS - $
Subtotal $ 81,362
Task 7 Final Design
CSW|ST2 56,397 $
BIGGS CARDOSA 118,116 $
CIVIC KNIT - $
ENGEO - $
MOFFATT AND NICHOL 62,514 $
NORTHGATE ENVIRONMENTAL - $
BESS TEST LABS - $
Subtotal $ 237,026
Task 8 Bidding and Construction Support
CSW|ST2 - $
BIGGS CARDOSA - $
CIVIC KNIT - $
ENGEO - $
MOFFATT AND NICHOL - $
NORTHGATE ENVIRONMENTAL - $
BESS TEST LABS - $
Subtotal $ -
Reimbursable Expenses
CSW|ST2 1,000 $
BIGGS CARDOSA - $
CIVIC KNIT 900 $
ENGEO - $
MOFFATT AND NICHOL 400 $
NORTHGATE ENVIRONMENTAL 69,788 $
BESS TEST LABS 500 $
Subtotal $ 72,588

TOTAL FEE DISADVANTAGE BUSINESS ENTERPRISE
CSW|ST2 232,095 $ 19% NORTHGATE ENVIRONMENTAL 110,277 $ 9% BIGGS CARDOSA 232,734 $ 20% BESS TEST LABS 9,757 $ 1%
CIVIC KNIT 89,400 $ 7% ALBION ENVIRONMENTAL 50,223 $ 4% ENGEO 126,340 $ 11% SUNSET ECOLOGICAL SOLUTIONS 69,788 $ 20% MOFFATT AND NICHOL 250,869 $ 21%
NORTHGATE ENVIRONMENTAL 251,580 $ 21% Total DBE Value: 240,044 $ BESS TEST LABS 9,757 $ 1% DBE Participatiion: 20%
Total $ 100% 1,192,774
CERTIFICATION OF DIRECT COSTS:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Pare 31 - Contact Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Designee Related Services 6 48 Code of Federal Regulations Par 9904 - Cost Accounting Standards Board (when applicable) Local governments are responsible for applying only cognizant agency approved or CALTRANS accepted Indirect Cost Rate(s).

Prime Consultant
Name: Robert Stevens Title: President
Signature: Date: 10.1.2023
Email: [email protected] Phone Number: 415.533.1864
Date of Certification: 01.20.22
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costa that are noncompliant with the federal and state requirements are not libel for reimbursement.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff 4 $729

1.2 Outreach Strategy Plan 8 $1,4571.3 Project Budget 24 $4,3231.4 Quality Management Plan 8 $1,4571.5 Contract Management General Project Management 10 $1,821QA/QC 0 $0Meetings 4 $729 58 $10,516

2.1 Document Review 16 $2,8902.2 Existing Conditions Mapping 130 $19,4592.3 Geology 0 $02.4 Coastal Analysis 0 $02.5 View Corridor 20 $2,9142.6 Hydrology 16 $2,8662.7 Biological Resources 0 $02.8 Cultural Resources 0 $02.9 California Coastal Commission 8 $1,457

2.10 Opportunities and Constraints Map 26 $4,3702.11 Contract Management General Project Management 20 $3,643
QA/QC 0 $0Meetings 4 $729
240 $38,327

3.1 Alternatives Analysis 106 $18,1083.2 Outreach Strategy Plan Online 16 $2,380
PDT 4 $729Stakeholders 6 $1,093Community Meeting 40 $6,744

3.3 Alternatives Refinement 190 $31,4423.4 Outreach Strategy Plan Online 4 $729
PDT 4 $729Stakeholders 6 $1,093

3.5 Alternatives Report 56 $10,5263.6 LCP Amendment 18 $3,2483.7 Contract Management General Project Management 20 $3,643
QA/QC 0 $0Meetings 4 $729
474 $81,191

4.1 Geotechnical Analysis 0 $04.2 Utility Survey 12 $2,0954.3 35% Design 138 $21,6064.4 Public Utilities 10 $1,7914.5 Outreach Strategy Plan Online 2 $364
PDT 4 $729Stakeholders 4 $729

4.6 Contract Management
General Project Management 10 $1,821
QA/QC 0 $0Meetings 4 $729
184 $29,863

5.1 Project Description 4 $7295.2 Admin Draft IS/MND 8 $1,1665.3 Revised Draft IS/MND 4 $5835.4 Public Review IS/MND 0 $05.5 Response to Comments/ Final IS/MND 0 $05.6 Public Hearing 0 $05.7 NEPA Support 0 $05.8 Contract Management General Project Management 8 $1,457
QA/QC 0 $0Meetings 4 $729
28 $4,663

6.1 Permit Strategy 4 $7296.2 Regulatory Permit Applications 0 $06.3 Coastal Development Permit 40 $7,2256.4 Contract Management General Project Management 8 $1,457
QA/QC 0 $0Meetings 4 $729
56 $10,139

7.1 Final Design
65% PSE 146 $22,616
95% PSE 102 $16,291Final Design 36 $5,560

7.2 Local Assistance Support 42 $7,5597.4 Contract Management General Project Management 20 $3,643
QA/QC 0 $0Meetings 4 $729
350 $56,397
Project Manager, Engineer, and Surveyor
4 10 30 30 8 20
48 20
0 12
10 10 4
4 12 40 40 10 40
2010 16
40 8
8 1068 8 104
SUBTOTAL 44 26 0 0 0 108 80 22 70
2012 30
Task 7 Final Design
4 SUBTOTAL 36 0 0 0 0 20 0 0 0
8 Task 6 Permitting
48 20
88 76
40 46
SUBTOTAL 16 0 0 0 0 0 0
48 Task 4 Preliminary EngineeringTask 5 Environmental Review and Permitting 4 PHASE 2
24 Varies
Engineer 1

38.00 0.00%
175.97%
10%

3.0 115.36
16 20
20 4
60 74
50 50
0 20
0 10
60 0 00
20 20
10 8
16 20
Task 2. Opportunities and Constraints Assessment
SUBTOTAL 42
0 0
48 0
8 16
175.97% 175.97% 175.97%
10%

3.0 10%
182.14
10% 10% 10%

3.0 227.68 227.68
10%

3.0 104.73 145.71

SUMMARY OF PRIME CONSULTANT LABOR EFFORT

60.00 59.50 48.75 48.00

0.00% 0.00% 0.00%
Josh Woelbing
Survey Manager

75.00 0.00%

34.50 0.00% 0.00%
Varies
Senior Project
Manager
Varies
Survey
Apprentice
Varies
Engineer 3

CLIFF DRIVE RESILIENCY PROJECT

59.00 0.00%
CS
W|ST2

75.00 0.00%

SUBTOTAL
Task 3 Alternatives Analysis
175.97% 175.97%
10 4
Task 1. Project Management and Community/ Stakeholder
180.62

3.0 3.0
8 PHASE 1
10%
Total Hours
Total Base Fee
Robert Stevens
PM and PIC
Varies
Party Chief
Varies
Engineer 2
Varies
Landscape
Architect

SUBTOTAL
0 10
4 32 20 4 0 0 30 58
4 175.97%
147.99

3.0 10%

3.0 179.10
175.97%
10 3.0
175.97%
8 168
0 30 20
20 20
32 10
30 20
844
48 30
8 0
4 20 30
48 2044

SUBTOTAL
10 20
114 90
20 0 120
50 0
40 2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)
Project Manager, Engineer, and Surveyor
Varies
Engineer 1

38.00 0.00%
175.97%
10%

3.0 115.36
175.97% 175.97% 175.97%
10%

3.0 10%
182.14
10% 10% 10%

3.0 227.68 227.68
10%

3.0 104.73 145.71

SUMMARY OF PRIME CONSULTANT LABOR EFFORT

60.00 59.50 48.75 48.00

0.00% 0.00% 0.00%
Josh Woelbing
Survey Manager

75.00 0.00%

34.50 0.00% 0.00%
Varies
Senior Project
Manager
Varies
Survey
Apprentice
Varies
Engineer 3

CLIFF DRIVE RESILIENCY PROJECT

59.00 0.00%
CSW|ST2

75.00 0.00%
175.97% 175.97%
180.62

3.0 3.0
10%
Total Hours
Total Base Fee
Robert Stevens
PM and PIC
Varies
Party Chief
Varies
Engineer 2
Varies
Landscape
Architect
175.97%
147.99

3.0 10%

3.0 179.10
175.97%

3.0 175.97%

8.1 Bidding Support 0 $08.2 Construction Support 0 $0
0 $0
1390 $231,095
1 General Expenses $1,000
$1,000
TOTAL PROJECT COST: $232,095
Reimbursable Expenses

SUBTOTAL
TOTAL LABOR COST:

SUBTOTAL 0 0 0 0 0 0 0 0 0
332 120 34 20 20 326 238 54 246
Task 8 Bidding and Construction Support
2023 Hourly Rate ($/ hour)
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff 2 $4191.2 Outreach Strategy Plan 0 $01.3 Project Budget 0 $01.4 Quality Management Plan 0 $01.5 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 4 $1,117 6 $1,536

2.1 Document Review 22 $4,3642.2 Existing Conditions Mapping 0 $02.3 Geotechnical Analysis 8 $1,9202.4 Coastal Analysis 0 $02.5 View Corridor 0 $02.6 Hydrology 0 $02.7 Biological Resources 0 $02.8 Cultural Resources 0 $02.9 California Coastal Commission 2 $559

2.10 Opportunities and Constraints Map 0 $02.11 Contract Management General Project Management 0 $0
QA/QC 5 $1,208Meetings 9 $2,325
46 $10,376

3.1 Alternatives Analysis 146 $30,3623.2 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0Community Meeting 0 $0

3.3 Alternatives Refinement 0 $03.4 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

3.5 Alternatives Report 28 $6,0223.6 LCP Amendment 0 $03.7 Contract Management General Project Management 0 $0
QA/QC 8 $2,235Meetings 8 $2,235
190 $40,853

4.1 35% Design 273 $53,6174.2 Public Utilities4.3 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

4.4 Contract Management
General Project Management 0 $0
QA/QC 16 $4,469Meetings 8 $2,235
297 $60,321

5.1 Project Description 0 $05.2 Admin Draft IS/MND 0 $05.3 Revised Draft IS/MND 0 $05.4 Public Review IS/MND 0 $05.5 Response to Comments/ Final IS/MND 0 $05.6 Public Hearing 0 $05.7 NEPA Support 0 $05.8 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

6.1 Permit Strategy 0 $06.2 Regulatory Permit Applications 8 $1,5326.3 Coastal Development Permit 0 $06.4 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
8 $1,532

7.1 Final Design
65% PSE 270 $50,756
95% PSE 290 $53,889

7.2 Local Assistance Support 0 $07.3 Contract Management General Project Management 0 $0
QA/QC 60 $13,470Meetings 0 $0
620 $118,116

8.1 Bidding Support 0 $08.2 Construction Support 0 $0
0 Task 8 Bidding and Construction Support
SUBTOTAL 84 0 160 36 170 0 0 170
24 36
80 30 80 9030 80 80
90 0040
Task 7 Final Design
SUBTOTAL 1 0 3 0 0
13 4
0 Task 6 Permitting
SUBTOTAL 0 0 0 0 0 0 0 0
PHASE 2
Task 5 Environmental Review and Permitting
SUBTOTAL 59 0 100 0 120 0
8 0 18 0
16 18
0 0 16 0
Task 4 Preliminary Engineering
35 100 120
SUBTOTAL 64 0 50 0 60
888 10 10
16 0000
Task 3 Alternatives Analysis
40 40 50
SUBTOTAL 17 0 17 0 12
6323235
0 Task 2. Opportunities and Constraints Assessment
4 6 12
SUBTOTAL 5.5 0 0 0 0 0 0 0
4 128.16 150.94 128.16
PHASE 1
Task 1. Project Management and Community/ Stakeholder

1.5 279.32 242.07 216.44 187.96 162.33 136.70
Total Hours
Total Base Fee
BIGGS

CARDOSA
Structural Engineer

2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8
10% 10% 10% 10% 10% 10% 10% 10% 10%
158.90% 158.90% 158.90% 158.90% 158.90% 158.90% 158.90% 158.90% 158.90%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Varies
Assistant
Engineer
Varies
Sr. Computer
Drafter
Varies
Admin

SUMMARY OF SUB CONSULTANT LABOR EFFORT

98.08 85.00 76.00 66.00 57.00

CLIFF DRIVE RESILIENCY PROJECT
Tom Swayze
PM and PIC
Varies
Associate
Varies
Engineering
Manager
Varies
Senior Engineer
Varies
Project Engineer
Varies
Staff Engineer

48.00 45.00 53.00 45.00
2023 Hourly Rate ($/ hour)
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour) 279.32 242.07 216.44 187.96 162.33 136.70 128.16 150.94 128.16 Total Hours
Total Base Fee

BIGGS CARDOSA
Structural Engineer

2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8
10% 10% 10% 10% 10% 10% 10% 10% 10%
158.90% 158.90% 158.90% 158.90% 158.90% 158.90% 158.90% 158.90% 158.90%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Varies
Assistant
Engineer
Varies
Sr. Computer
Drafter
Varies
Admin

SUMMARY OF SUB CONSULTANT LABOR EFFORT

98.08 85.00 76.00 66.00 57.00

CLIFF DRIVE RESILIENCY PROJECT
Tom Swayze
PM and PIC
Varies
Associate
Varies
Engineering
Manager
Varies
Senior Engineer
Varies
Project Engineer
Varies
Staff Engineer

48.00 45.00 53.00 45.00
0 $0
1167 $232,734
1 General Expenses
$0
$232,734

SUBTOTAL
TOTAL PROJECT COST:
0 0 208 0
Reimbursable Expenses
TOTAL LABOR COST: 230.5 0 330 36 362
SUBTOTAL 0 0 0 0 0 0 0 0 0
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff 6 $1,1501.2 Outreach Strategy Plan 22 $4,0501.3 Project Budget 0 $01.4 Quality Management Plan 0 $01.5 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 4 $600 32 $5,800

2.1 Document Review 32 $5,8002.2 Existing Conditions Mapping 0 $02.3 Geotechnical Analysis 0 $02.4 Coastal Analysis 20 $3,7502.5 View Corridor 0 $02.6 Hydrology 0 $02.7 Biological Resources 4 $8502.8 Cultural Resources 4 $8502.9 California Coastal Commission 9 $2,100

2.10 Opportunities and Constraints Map 4 $8502.11 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 4 $600 77 $14,800

3.1 Alternatives Analysis 28 $5,2003.2 Outreach - Alternatives Evaluation 0 Online 50 $7,750PDT 8 $1,700Stakeholders 20 $3,500Community Meeting 22 $4,050

3.3 Alternatives Refinement 4 $8503.4 Outreach - Preferred Alternative Online 8 $1,200PDT 8 $1,700Stakeholders 8 $1,700

3.5 Alternatives Report 10 $1,7503.6 LCP Amendment 80 $16,0003.7 Contract Management General Project Management 0 $0QA/QC 0 $0
Meetings 4 $600
250 $46,000

4.1 35% Design 6 $1,1504.2 Public Utilities 0 $04.3 Outreach Strategy Plan 0 Online 18 $2,700PDT 6 $900Stakeholders 18 $2,700

4.4 Contract Management
0 General Project Management 0 $0QA/QC 0 $0Meetings 0 $0 48 $7,450

5.1 Project Description 0 $05.2 Admin Draft IS/MND 0 $05.3 Revised Draft IS/MND 0 $05.4 Public Review IS/MND 0 $05.5 Response to Comments/ Final IS/MND 0 $05.6 Public Hearing 0 $05.7 NEPA Support 0 $05.8 Contract Management General Project Management 0 $0QA/QC 0 $0
PHASE 2
Task 5 Environmental Review and Permitting
SUBTOTAL 2 46
18 6
18 Task 4 Preliminary Engineering
24 SUBTOTAL 68 182
04 32 48
284444
8 226 164 16442 48
Task 3 Alternatives Analysis
8 20
SUBTOTAL 26 51
4 226322226 14
Task 2. Opportunities and Constraints Assessment
8 24
SUBTOTAL 8 24
4 6 16
PHASE 1
Task 1. Project Management and Community/ Stakeholder
24 275.00 150.00
Total Hours
Total Base Fee

CIVIC KNIT
Outreach
Coordination

1.0 1.0
0% 0%

0.00% 0.00%0.00% 0.00%

SUMMARY OF SUB CONSULTANT LABOR EFFORT
275.00 150.00

CLIFF DRIVE RESILIENCY PROJECT
Steve Kinsey
Breeze Kinsey
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour) 275.00 150.00 Total Hours
Total Base Fee

CIVIC KNIT
Outreach
Coordination

1.0 1.0
0% 0%

0.00% 0.00%0.00% 0.00%

SUMMARY OF SUB CONSULTANT LABOR EFFORT
275.00 150.00

CLIFF DRIVE RESILIENCY PROJECT
Steve Kinsey
Breeze Kinsey
Meetings 0 $0
0 $0

6.1 Permit Strategy 0 $06.2 Regulatory Permit Applications 0 $06.3 Coastal Development Permit 73 $14,4506.4 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 0 $0
73 $14,450

7.1 Final Design
65% PSE 0 $095% PSE 0 $0

7.2 Local Assistance Support 0 $07.3 Contract Management General Project Management 0 $0QA/QC 0 $0
Meetings 0 $0
0 $0

8.1 Bidding Support 0 $08.2 Construction Support 0 $0
0 $0
480 $88,500
1 General Expenses $5002 Travel Expenses $400
$900
$89,400

SUBTOTAL
TOTAL PROJECT COST:

Reimbursable Expenses
TOTAL LABOR COST: 132 348
SUBTOTAL 0 0
Task 8 Bidding and Construction Support
SUBTOTAL 0 0
Task 7 Final Design
SUBTOTAL 28 45
28 45
Task 6 Permitting
SUBTOTAL 0 0
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff (one 4-hr in-person meeting and coordination) 40 $13,908

1.2 Outreach Strategy Plan 0 $01.3 Project Budget 0 $01.4 Quality Management Plan 0 $01.5 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 0 $0
40 $13,908

2.1 Document Review 16 $5,3542.2 Existing Conditions Mapping 16 $4,5622.3 Geotechnical Analysis (see reimbursable expenses) 200 $48,7242.4 Coastal Analysis 0 $02.5 View Corridor 0 $02.6 Hydrology 0 $02.7 Biological Resources 0 $02.8 Cultural Resources 0 $02.9 California Coastal Commission (geotech input limited to 8hrs/pp) 24 $8,078 2.10 Opportunities and Constraints Map 0 $0

2.11 Contract Management
General Project Management 0 $0QA/QC 0 $0Meetings 0 $0
256 $66,718

3.1 Alternatives Analysis (geotech input on alternatives) 27 $9,171

3.2 Outreach Strategy Plan
Online 0 $0
PDT 0 $0Stakeholders 0 $0Community Meeting 0 $0

3.3 Alternatives Refinement 0 $03.4 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

3.5 Alternatives Report 0 $03.6 LCP Amendment 0 $03.7 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
27 $9,171

4.1 35% Design (geotech input and plan review) 16 $5,956

4.2 Public Utilities4.3 Outreach Strategy Plan
Online 0 $0
PDT 0 $0Stakeholders 0 $0

4.4 Contract Management
General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
16 $5,956

5.1 Project Description 0 $05.2 Admin Draft IS/MND 0 $05.3 Revised Draft IS/MND 0 $05.4 Public Review IS/MND 0 $05.5 Response to Comments/ Final IS/MND 0 $05.6 Public Hearing 0 $05.7 NEPA Support 0 $05.8 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

6.1 Permit Strategy 0 $06.2 Regulatory Permit Applications 0 $06.3 Coastal Development Permit 0 $06.4 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

7.1 Final Design
65% PSE (geotech review) 8 $2,915
95% PSE (geotech review) 0 $0

7.2 Local Assistance Support 0 $07.3 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
8 $2,915

8.1 Bidding Support 0 $08.2 Construction Support 8 8 $1,172 800000000
00 000000 00
0000
88 Task 4 Preliminary Engineering
SUBTOTAL 11 8 8 0 0
16 16 8 8
Task 3 Alternatives Analysis
11 8 8
SUBTOTAL 64 16 16 24 88
888
40 8 8 16 80 16 16 8 8
88 0
Task 2. Opportunities and Constraints Assessment
88 SUBTOTAL 24 8 8 0 0 0 0 0
158.40 146.52 174.24
PHASE 1
Task 1. Project Management and Community/ Stakeholder
24 8 8
364.32 380.16 265.32 304.92 205.92 158.40
Total Hours
Total Base Fee
EN
GEO
Geotechnical Engineer

4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
10% 10% 10% 10% 10% 10% 10% 10% 10%
260.00% 260.00% 260.00% 260.00% 260.00% 260.00% 260.00% 260.00% 260.00%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Varies
CAD Specialist
Varies
Project
Assistant
Varies
GIS Analyst SUMMARY OF SUB CONSULTANT LABOR EFFORT

92.00 96.00 67.00 77.00 52.00

CLIFF DRIVE RESILIENCY PROJECT
Jeanine Ruffoni
PM and GE
Walt Crampton
GE and QA/QC
Gene Spineto
Senior Designer
Varies
Assoc Eng/Geo
Varies
Staff Eng/Geo
Varies
Lab Technician

40.00 40.00 37.00 44.00

SUBTOTAL
PHASE 2
880000000
Task 5 Environmental Review and Permitting

SUBTOTAL
Task 6 Permitting
0 SUBTOTAL
Task 7 Final Design
8 0000000

SUBTOTAL
Task 8 Bidding and Construction Support
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour) 364.32 380.16 265.32 304.92 205.92 158.40 158.40 146.52 174.24 Total Hours
Total Base Fee
ENGEO
Geotechnical Engineer

4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
10% 10% 10% 10% 10% 10% 10% 10% 10%
260.00% 260.00% 260.00% 260.00% 260.00% 260.00% 260.00% 260.00% 260.00%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Varies
CAD Specialist
Varies
Project
Assistant
Varies
GIS Analyst SUMMARY OF SUB CONSULTANT LABOR EFFORT

92.00 96.00 67.00 77.00 52.00

CLIFF DRIVE RESILIENCY PROJECT
Jeanine Ruffoni
PM and GE
Walt Crampton
GE and QA/QC
Gene Spineto
Senior Designer
Varies
Assoc Eng/Geo
Varies
Staff Eng/Geo
Varies
Lab Technician

40.00 40.00 37.00 44.00
8 $1,172
355 $99,840
1 Geotech Exploration - drill, traffic control, permit fees, disposal, etc $24,000 2 Prevailing wage related - overtime hours, per diem $2,500 $26,500
$126,340
40 32 24

SUBTOTAL
88 16 16 16 8
Reimbursable Expenses
TOTAL LABOR COST: 115
0 SUBTOTAL
TOTAL PROJECT COST:
00000008
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff 16 $4,7581.2 Outreach Strategy Plan 0 $01.3 Project Budget 0 $01.4 Quality Management Plan 0 $01.5 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
16 $4,758

2.1 Document Review 48 $12,4112.2 Existing Conditions Mapping 4 $1,0312.3 Geotechnical Analysis 0 $02.4 Coastal Analysis 188 $48,5002.5 View Corridor 0 $02.6 Hydrology 12 $3,3602.7 Biological Resources 0 $02.8 Cultural Resources 0 $02.9 California Coastal Commission 12 $3,410

2.10 Opportunities and Constraints Map 0 $02.11 Contract Management General Project Management 4 $1,031
QA/QC 4 $1,348Meetings 4 $1,031
276 $72,121

3.1 Alternatives Analysis 38 $9,5423.2 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0Community Meeting 16 $4,758

3.3 Alternatives Refinement 30 $7,3463.4 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

3.5 Alternatives Report 22 $6,1983.6 LCP Amendment 0 $03.7 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 12 $3,410
118 $31,253

4.1 35% Design 136 $29,1894.2 Public Utilities4.3 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

4.4 Contract Management
General Project Management 0 $0
QA/QC 0 $0Meetings 12 $3,410
148 $32,599

5.1 Project Description 20 $5,7395.2 Admin Draft IS/MND 8 $2,5125.3 Revised Draft IS/MND 0 $05.4 Public Review IS/MND 4 $1,1645.5 Response to Comments/ Final IS/MND 18 $4,8185.6 Public Hearing 0 $05.7 NEPA Support 0 $05.8 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 16 $4,758
66 $18,991
Task 6 Permitting
SUBTOTAL 18 20 24 4 0 0
882484
4 44
PHASE 2
Task 5 Environmental Review and Permitting
488
SUBTOTAL 12 24 48 0 24 40
48 40
12 Task 4 Preliminary Engineering
8 24 40 24
SUBTOTAL 22 22 52 10 0
4848824 6 12 888
4 0
Task 3 Alternatives Analysis
2 8 16 8
SUBTOTAL 28 68 56 124 0
4 4
4 48
84 16 48 24 100
4 Task 2. Opportunities and Constraints Assessment
4 12 8 24
SUBTOTAL 8 0 8 0 0 0
PHASE 1
Task 1. Project Management and Community/ Stakeholder
88 337.01 291.11 257.71 229.50 141.82 144.87
Total Hours
Total Base Fee

MOFFATT AND NICHOL
Coastal Engineer

3.0 3.0 3.0 3.0 3.0 3.0
9% 9% 9% 9% 9% 9%
179.80% 179.80% 179.80% 179.80% 179.80% 179.80%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

SUMMARY OF SUB CONSULTANT LABOR EFFORT
110.50 95.45 84.50 75.25 46.50

CLIFF DRIVE RESILIENCY PROJECT
Dilip Trivedi
PIC/Lead Coastal
Engineer
Mads Jorgensen
Sr. Coastal
Engineer
Neil Nichols
PM/Design Lead
Cheng-Feng Tsai
Coastal Modeler
Justin Estrada
Engineer I
CADD
Phu Minh Hua

47.50 2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour) 337.01 291.11 257.71 229.50 141.82 144.87 Total Hours
Total Base Fee

MOFFATT AND NICHOL
Coastal Engineer

3.0 3.0 3.0 3.0 3.0 3.0
9% 9% 9% 9% 9% 9%
179.80% 179.80% 179.80% 179.80% 179.80% 179.80%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

SUMMARY OF SUB CONSULTANT LABOR EFFORT
110.50 95.45 84.50 75.25 46.50

CLIFF DRIVE RESILIENCY PROJECT
Dilip Trivedi
PIC/Lead Coastal
Engineer
Mads Jorgensen
Sr. Coastal
Engineer
Neil Nichols
PM/Design Lead
Cheng-Feng Tsai
Coastal Modeler
Justin Estrada
Engineer I
CADD
Phu Minh Hua

47.50 6.1 Permit Strategy 4 $1,3486.2 Regulatory Permit Applications 18 $4,9736.3 Coastal Development Permit 68 $17,1556.4 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 16 $4,758
106 $28,234

7.1 Final Design
65% PSE 138 $30,035
95% PSE 106 $22,052

7.2 Local Assistance Support 0 $07.3 Contract Management General Project Management 12 $3,093
QA/QC 10 $2,577Meetings 16 $4,758
282 $62,514

8.1 Bidding Support 0 $08.2 Construction Support 0 $0
0 $0
1012 $250,469
1 General Expenses2 Mileage $400
$400
$250,869

SUBTOTAL
TOTAL PROJECT COST:
136
Reimbursable Expenses
TOTAL LABOR COST: 124 194 344 154 60
SUBTOTAL 0 0 0 0 0 0
Task 8 Bidding and Construction Support
SUBTOTAL 20 30 120 0 36 76
88 1012
4 10 40 16 368 20 50 20 40
8 Task 7 Final Design
SUBTOTAL 16 30 36 16 0
884 20 20 16 8
10 8
4 2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff 0 $0

1.2 Outreach Strategy Plan 0 $01.3 Project Budget 0 $01.4 Quality Management Plan 0 $01.5 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

2.1 Document Review 0 $02.2 Existing Conditions Mapping 0 $02.3 Geotechnical Analysis 0 $02.4 Coastal Analysis 0 $02.5 View Corridor 0 $02.6 Hydrology 0 $02.7 Biological Resources 16 $2,1722.8 Cultural Resources 16 $2,1722.9 California Coastal Commission 0 $0

2.10 Opportunities and Constraints Map 0 $02.11 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
32 $4,343

3.1 Alternatives Analysis 0 $03.2 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0Community Meeting 0 $0

3.3 Alternatives Refinement 0 $03.4 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

3.5 Alternatives Report 0 $03.6 LCP Amendment 0 $03.7 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

4.1 35% Design 0 $04.2 Public Utilities4.3 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

4.4 Contract Management
General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

5.1 Project Description 0 $05.2 Admin Draft IS/MND 116 $30,6245.3 Revised Draft IS/MND 20 $5,2805.4 Public Review IS/MND 20 $5,2805.5 Response to Comments/ Final IS/MND 68 $17,9525.6 Public Hearing 16 $4,2245.7 NEPA Support 0 $05.8 Contract Management General Project Management 65 $11,382
QA/QC 20 20 $4,185
45 10 10
16682020
116
PHASE 2
Task 5 Environmental Review and Permitting
SUBTOTAL 0 0 0 0 0
Task 4 Preliminary Engineering
SUBTOTAL 0 0 0 0 0
Task 3 Alternatives Analysis
SUBTOTAL 16 0 0 0 16
8888
Task 2. Opportunities and Constraints Assessment
SUBTOTAL 0 0 0 0 0
PHASE 1
Task 1. Project Management and Community/ Stakeholder
209.25 264.00 220.00 134.34 62.19
Total Hours
Total Base Fee 2.3 2.0 2.0 2.3 2.3
CEQA, NEPA, and Permitting
10% 10% 10% 10% 10%
155.00% 15.91% 16.36% 155.00% 155.00%

0.00%

CLIFF DRIVE RESILIENCY PROJECT
Sam Merrill
PM and QA/QC
Richard Grassetti
CEQA Specialist
Geoff Hornek
MND Support
(AQ/GHG)
Megan Aikawa
Graphics
Support
Megan Aikawa
Admin

NORTHGATE ENVIRONMENTAL

0.00% 0.00% 0.00% 0.00%

SUMMARY OF SUB CONSULTANT LABOR EFFORT

90.98 132.00 110.00 58.41 27.04
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour) 209.25 264.00 220.00 134.34 62.19 Total Hours
Total Base Fee 2.3 2.0 2.0 2.3 2.3
CEQA, NEPA, and Permitting
10% 10% 10% 10% 10%
155.00% 15.91% 16.36% 155.00% 155.00%

0.00%

CLIFF DRIVE RESILIENCY PROJECT
Sam Merrill
PM and QA/QC
Richard Grassetti
CEQA Specialist
Geoff Hornek
MND Support
(AQ/GHG)
Megan Aikawa
Graphics
Support
Megan Aikawa
Admin

NORTHGATE ENVIRONMENTAL

0.00% 0.00% 0.00% 0.00%

SUMMARY OF SUB CONSULTANT LABOR EFFORT

90.98 132.00 110.00 58.41 27.04
Meetings 0 $0
325 $78,927

6.1 Permit Strategy 0 $06.2 Regulatory Permit Applications 52 $11,4406.3 Coastal Development Permit 0 $06.4 Contract Management General Project Management 65 $11,382
QA/QC 20 $4,185Meetings 0 $0
137 $27,007

7.1 Final Design
65% PSE 0 $0
95% PSE 0 $0

7.2 Local Assistance Support 0 $07.3 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

8.1 Bidding Support 0 $08.2 Construction Support 0 $0
0 $0
494 $110,277
ALBION ENVIRONMENTAL $50,223ECOLOGICAL CONCERNS Botanical $9,292 SUNSET ECOLOGICAL SOLUTIONS $69,788RCH GROUP $12,000
Reimbursable Expenses
TOTAL LABOR COST: 146 240 52 20 36
Cultural Resources NoisePermitting
SUBTOTAL 0 0 0 0 0
Task 8 Bidding and Construction Support
SUBTOTAL 0 0 0 0 0
Task 7 Final Design
SUBTOTAL 65 0 52 10 10
2045 10 10
52 Task 6 Permitting
SUBTOTAL 65 240 0 10 10
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Project Kickoff 0 $01.2 Outreach Strategy Plan 0 $01.3 Project Budget 0 $01.4 Quality Management Plan 0 $01.5 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 0 $0
0 $0

2.1 Document Review 0 $02.2 Existing Conditions Mapping 44 $9,2572.3 Geotechnical Analysis 0 $02.4 Coastal Analysis 0 $02.5 View Corridor 0 $02.6 Hydrology 0 $02.7 Biological Resources 0 $02.8 Cultural Resources 0 $02.9 California Coastal Commission 0 $0

2.10 Opportunities and Constraints Map 0 $02.11 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
44 $9,257

3.1 Alternatives Analysis 0 $03.2 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0Community Meeting 0 $0

3.3 Alternatives Refinement 0 $03.4 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

3.5 Alternatives Report 0 $03.6 LCP Amendment 0 $03.7 Contract Management General Project Management 0 $0QA/QC 0 $0Meetings 0 $0
0 $0

4.1 35% Design 0 $04.2 Public Utilities4.3 Outreach Strategy Plan Online 0 $0
PDT 0 $0Stakeholders 0 $0

4.4 Contract Management
General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

5.1 Project Description 0 $05.2 Admin Draft IS/MND 0 $05.3 Revised Draft IS/MND 0 $05.4 Public Review IS/MND 0 $05.5 Response to Comments/ Final IS/MND 0 $05.6 Public Hearing 0 $05.7 NEPA Support 0 $05.8 Contract Management General Project Management 0 $0
QA/QC 0 $0
PHASE 2
Task 5 Environmental Review and Permitting

SUBTOTA
L 000
Task 4 Preliminary Engineering

SUBTOTA
L 000
Task 3 Alternatives Analysi
s

SUBTOTA
L 16 8 20
16 8 20
Task 2. Opportunities and Constraints Assessment

SUBTOTA
L 000
PHASE 1
Task 1. Project Management and Community/ Stakeholder
166.38 484.00 136.13
Total Base Fee 3.0 3.0 3.0 10% 10% 10% 165.00% 165.00% 165.00%

55.00 160.00 45.00

SUMMARY OF SUB CONSULTANT LABOR EFFORT

CLIFF DRIVE RESILIENCY PROJECT

BESS TEST LABS
Total Hours
Utility Locating
Varies
PM a
Varies
Field Crew
Varies
Technician

10.00% 10.00% 10.00%
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour) 166.38 484.00 136.13 Total Base Fee 3.0 3.0 3.0 10% 10% 10% 165.00% 165.00% 165.00%

55.00 160.00 45.00

SUMMARY OF SUB CONSULTANT LABOR EFFORT

CLIFF DRIVE RESILIENCY PROJECT

BESS TEST LABS
Total Hours
Utility Locating
Varies
PM a
Varies
Field Crew
Varies
Technician

10.00% 10.00% 10.00%
Meetings 0 $0
0 $0

6.1 Permit Strategy 0 $06.2 Regulatory Permit Applications 0 $06.3 Coastal Development Permit 0 $06.4 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

7.1 Final Design
65% PSE 0 $0
95% PSE 0 $0

7.2 Local Assistance Support 0 $07.3 Contract Management General Project Management 0 $0
QA/QC 0 $0Meetings 0 $0
0 $0

8.1 Bidding Support 0 $08.2 Construction Support 0 $0
0 $0
44 $9,257
1 General Expenses $500
2 $0
$500
$9,757

SUBTOTA
L
TOTAL PROJECT COST:

Reimbursable Expenses
TOTAL LABOR COST: 16 8 20

SUBTOTA
L 000
Task 8 Bidding and Construction Support

SUBTOTA
L 000
Task 7 Final Design

SUBTOTA
L 000
Task 6 Permitting

SUBTOTA
L 000

CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group
THIS AGREEMENT is entered into on October 12, 2023, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and CSW / Stuber-Stroeh Engineering Group, hereinafter called "Consultant".

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

SECTION 1
Scope of Services
The services to be performed under this Agreement are for the Cliff Drive Resiliency Project – Planning, Environmental, Design, PS&E, and Construction Support Services and further detailed in Appendix One.

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

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

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

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

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

The Director may authorize a staff person to serve as his or her representative for conferring with Consultant relative to Consultant's services. City shall not control or direct the manner in which the services are to be performed. However, the work in progress hereunder shall be reviewed from time to time by City at the discretion of City or upon the request of Consultant. If the work is satisfactory, it will be approved. 121
Item 8 A.

Professional Services Agreement October 12, 2023
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group

If the work is not satisfactory, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4
Fees and Payment
Payment for the Consultant's services shall be made upon a schedule and within the limit, or limits shown, upon Appendix Two. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in carrying out the work. If Consultant is compensated on an hourly basis, Consultant shall track the number of hours Consultant, and each of Consultant’s employees, has worked under this Agreement during each fiscal year (July 1 through June 30) and Consultant shall immediately notify City if the number of hours worked during any fiscal year by any of Consultant’s employees reaches 900 hours. In addition, each invoice submitted by Consultant to City shall specify the number of hours to date Consultant, and each of Consultant’s employees, has worked under this Agreement during the current fiscal year.

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

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

Work shall begin on or about October 16, 2023
In the event that major changes are ordered or Consultant is delayed in performance of its services by circumstances beyond its control, the City will grant Consultant a reasonable adjustment in the schedule for completion provided that to do so would not frustrate the City's objective for entering into this Agreement.

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

SECTION 7
Termination
City shall have the right to terminate this Agreement at any time upon giving ten days written notice to Consultant. Consultant may terminate this Agreement upon written notice to City should the City fail to fulfill its duties as set forth in this Agreement. In the event of termination, City shall pay the Consultant for all services performed and accepted under this Agreement up to the date of termination. 122
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Professional Services Agreement October 12, 2023
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CSW / Stuber-Stroeh Engineering Group

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

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

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

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

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

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

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

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

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

3. 4.

Employer’s Liability Insurance
Errors and Omissions
Liability:

Limits
$1,000,000 per accident for bodily injury and
property damage.
$1,000,000 per claim and $2,000,000 in the
aggregate.
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Professional Services Agreement October 12, 2023
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Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

SECTION 9
Indemnification
For General Services: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, employees from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses (including attorneys’ fees and costs) arising from the acts or omissions of Consultant’s employees or agents in any way related to the obligations or in the performance of services under this Agreement, except for design professional services as defined in Civil Code § 2782.8, and except where caused by the sole or active negligence, or willful misconduct of the City. 124
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Professional Services Agreement October 12, 2023
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CSW / Stuber-Stroeh Engineering Group

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

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

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

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

SECTION 13
Amendments
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City Council, or an officer of the City when the City Council may from time to time empower an officer of the City to approve and authorize such amendments. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Appendix Two. Such authority is retained solely by the City Council. Unless expressly authorized by the City Council, Consultant's compensation shall be limited to that set forth in Appendix Two. 125
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Professional Services Agreement October 12, 2023
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group

SECTION 14
Nondiscrimination Assurances
During the performance of this Agreement, Consultant, for itself, its assignees and successors in interest ( hereinafter collectively referred to as Consultant) agrees as follows:

A. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, ( hereinafter referred to as the " Regulations "), which are herein incorporated by reference and made a part of this Agreement.

B. Nondiscrimination: Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21. 5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

C. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed by a subcontractor, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of the Consultant' s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

D. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to Consultant' s books, records, accounts, other sources of information, and its facilities as may be determined by State or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.

E. Sanctions for Noncompliance: In the event of RECIPIENT' s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and /or
b. cancellation, termination or suspension of the Agreement, in whole or in part.

F. Incorporation of Provisions: Consultant shall include the provisions of paragraphs 29 ( A) through (E) in every sub - agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

Consultant shall take such action with respect to any sub - agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction, Consultant may request State enter into such litigation to protect the interests of State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. 126
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Professional Services Agreement October 12, 2023
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group

SECTION 15
Miscellaneous Provisions

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

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

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

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

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

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

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

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

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

9. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:
127
Item 8 A.

Professional Services Agreement October 12, 2023
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group

CITY CONSULTANT

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
CSW / Stuber-Stroeh Engineering Group
303 Twin Dolphin Drive
Redwood City, CA 94065
415-883-9850
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________
Robert Stevens, President
Dated:________________________________ Dated:_______________________________ Approved as to Form:
_______________________________
Samantha W. Zutler, City Attorney
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Professional Services Agreement October 12, 2023
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group

APPENDIX ONE
Scope of Services
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Professional Services Agreement October 12, 2023
Cliff Drive Resiliency Project
CSW / Stuber-Stroeh Engineering Group

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

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

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

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $1,192,774 (One Million One Hundred Ninety-Two Thousand Seven Hundred Seventy-Four Dollars and Zero Cents), without specific, written advance authorization from the City.

Payments shall be made monthly by the City, based on itemized invoices from the Consultant which list a brief description of the services performed, the date the services were performed, the hours spent and by whom, and a brief description of the actual costs and expenses incurred. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Such payments shall be for the invoice amount. The monthly statements shall contain the following affidavit signed by a principal of the Consultant’s firm:
"I hereby certify as principal of the firm of CSW / Stuber-Stroeh Engineering Group, that the charge of $1,192,774 as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated October 12, 2023, and has not been previously paid." 130
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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 City has been awarded $1,193,700 in federal and state grants funding for the Cliff Drive Resiliency Project; and WHEREAS, it is necessary to amend the Fiscal Year 2023-24 Adopted Budget to include the $1,193,700 of grant revenue and $1,193,000 in project design expenditures; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2023-24 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Finance Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Finance Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 24th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Marguax Keiser, Mayor
ATTEST:
____________________ ___
Julia Moss, City Clerk
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132
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Cliff Drive Resiliency Project
City Council
October 12, 2023
133
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• Heavily utilized arterial road
• Emergency Access
• Multi-user
Cliff Drive
• Rip rap revetment damage
• Localized bluff erosion
Sustained damage January 2023
• FHWA ER
• CCC LCP Grant
Funding Secured
Background
Cliff Drive Resiliency Project
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Item 8 A.
135
Item 8 A.
136
Item 8 A.
137
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Design Consultant Selection
Cliff Drive Resiliency Project
138
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• Existing conditions, opportunities, and constraints
• Community and stakeholder outreach
• Project alternatives
• Refine preferred alternative for CEQA and NEPA
Phase 1 - Alternatives
• Environmental review and regulatory permits
• Final plans for bidding and construction
Phase 2 -Environmental Review and Design
Design Scope
Cliff Drive Resiliency Project
139
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• Assess existing conditions (property boundaries, topography, utilities, etc.)
• Initial technical analyses
• Understand precedent and mitigation measures for bluff armoring
Tasks
• Opportunities and constraints map integrating topography, boundaries, environmental and cultural resources, geologic hazards, and view corridors.

Delieverable
Phase 1: Opportunities and Constraints Assessment
Cliff Drive Resiliency Project
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• Detailed analysis and visual exhibits of alternatives • Outreach
• Refine alternatives and identify preferred option
Tasks
• Final alternatives report and preferred alternative
• LCP Amendment
Deliverable
Phase 1: Alternatives Analysis
Cliff Drive Resiliency Project
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• Final technical analyses and surveying
• Stakeholder Outreach
Tasks
• 35% PS&E and renderings
Delieverable
Phase 1: Preliminary Engineering
Cliff Drive Resiliency Project
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• Project description based on 35% design
• Prepare and circulate CEQA documentation
(IS/MND)
• NEPA categorical exclusions
Tasks
Phase 2: Enviornmental Review
Cliff Drive Resiliency Project
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• Endangered Species Act Biological Assessment, Lake and Streambed Alteration Agreement, Cultural Resources
Assessment, USACE Nationwide Permit, Water Quality
Certification
• And more!
Regulatory Permit Applications
• Complete application and secure approval through the
Local Coastal Program
Coastal Development Permit
Phase 2: Permitting
Cliff Drive Resiliency Project
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Final (bid ready) PS&E
• Request for authorization
Documents for Caltrans Local Assistance
Phase 2: Final Design
Cliff Drive Resiliency Project
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2023 Q4 2024 Q1 2024 Q2 2024 Q3 2024 Q4 2025 Q1 2025 Q2

TASK OCT NOV DEC JAN FEB MAR APR MAY JUNE JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE Phase 1 -
Alternatives
Opportunities and
Constraints
Alternatives Analysis
Preliminary
Engineering
Phase 2 -
Environmental
Review and Design
Environmental
Review
Permitting
Final Design
Project Schedule
Cliff Drive Resiliency Project
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• FHWA/Caltrans LA reimbursement: $743,127 (88.53%)
Federal ER funding awarded: $839,408
• Coastal Commission grant: $96,281
City match: $96,281 (11.47%)
• Remaining design project budget covered by CCC Grant
($354k)
• $743k+$96k+$354k=$1.2M
Total project budget: $1.2M
Fiscal Impact
Cliff Drive Resiliency Project
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• Federal funding reimbursement rate: 88.53%
Available funding: $8.4M
• Measure F
• State Coastal Conservancy
• Other Grant Opportunities
City match: $918,000 (11.47%)
Construction Funding
Cliff Drive Resiliency Project
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Recommended
Action • Authorize City Manager to
execute a Professional
Services Agreement with
CSW/ST2 substantially
similar form as the
attached agreement • Pending Caltrans A&I
and A&E approval • Adopt a resolution
amending FY 2023-24
Budget to accept and
appropriate grant funding
from CCC and FHWA
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Item 8 A.

Capitola City Council
Agenda Report
Meeting: October 12, 2023
From: Community Development Department
Subject: Housing Element Update
Recommended Action: Accept presentation and direct staff to incorporate Planning Commission and the California Department of Housing and Community Development recommendations into the Draft Housing Element update in preparation for adoption hearings.

Background: In accordance with applicable State housing law, local jurisdictions are legally required to adopt plans and programs for housing that provide opportunities for, and do not unduly constrain, housing development. The Housing Element, which is one of seven State-mandated components of the City’s General Plan, is a mechanism by which the State requires local jurisdictions to provide a variety of housing options and strive toward reaching regional housing needs. The Housing Element should also maintain civic and local responsibility toward economic, environmental, and fiscal factors and community goals stated within adopted General Plan documents.

Housing Elements are required to be updated every eight years. The City’s current Housing Element was adopted by the Capitola City Council in 2015 and certified by the State of California in 2016 and will be in effect through December 2023. The City is required by law to update the Housing Element for the 2023-2031 planning period (also known as the sixth cycle) and have the updated Housing Element adopted and sent to the California Department of Housing and Community Development (HCD) for certification by December 15, 2023.

On May 12, 2022, the City Council authorized an agreement with RRM Design Group (RRM) for the preparation of the 2023-2031 Housing Element. Staff has worked with RRM to assess existing and projected housing needs, review the existing Housing Element, and commence work on the updated Housing Element.

Pursuant to applicable State housing law, the City solicited public input from all segments of the community in the preparation of the Housing Element. This included stakeholder meetings (November 2022), two community workshops (February 16, 2023 and May 16, 2023), an online housing survey (November 2022 – March 2023), Planning Commission meetings (February 2, May 4, and June 1), City Council meetings (February 9 and June 8), and a joint Planning Commission and City Council work session (March 16, 2023). Each of the public meetings provided an opportunity for public comment.

On May 10, 2023, a draft of the Housing Element was published for public review. Following the thirtyday publishing period (during which the draft Housing Element was mentioned during a Planning Commission meeting and a City Council meeting), the initially published draft was updated to incorporate additional information as requested during the public review period.

On July 5, 2023, Capitola’s Housing Element was submitted to the State of California Department of Housing and Community Development (HCD), initiating the required 90-day review process. Since submission to HCD, staff has received two rounds of preliminary comments from the State. In response to each round of comments, the Housing Element was updated, republished for public review, and resubmitted to HCD (August 29, 2023, and September 19, 2023).

On October 3, 2023, final comments from the HCD were received (Attachment 1). The letter included requests for additional information and incorporating new strategies that go beyond AB9 and ADU laws to create additional housing mobility opportunities within single-family neighborhoods. In response to the request, the housing element consultant team is suggesting a program to allow duplexes on corner lots 150
Item 8 B.
in single-family neighborhoods. This program has been accepted by HCD in other jurisdictions with certified Housing Elements.

On October 5, 2023, the Planning Commission received an update on the Housing Element and directed staff to incorporate HCD recommendations as well as edits to state lands, the shopping center program, and community benefits incentives program into the draft and prepare the document for adoption hearings. The Commission recommended adding a new program to work with State during the 6th Cycle to initiate discussions and possible planning for housing opportunities on state lands including the DMV site and New Brighton State Park. They also asked staff to modify the shopping center program and community benefits incentives program to ensure deliverables are based on the outcome of the current mall redevelopment land use study. A special Planning Commission meeting is scheduled for October 19, 2023, for review and formal recommendation on the Housing Element.

Discussion: The purpose of this agenda item is to provide the City Council with an update on the HCD review of the Housing Element review.

The latest draft, published on September 19, 2023, is available in hard copy at Capitola City Hall and the Capitola Library. The Housing Element is also available at the City’s website at the link below:
https://www.cityofcapitola.org/sites/default/files/fileattachments/community_development/page/21944/c apitola_he_hcd_draft_september_19-2023_with_appendices-rev1.pdf.

Revisions to HCD’s first response can be found in blue font. Revisions to HCD’s second response can be found in blue font with yellow highlight.

As mentioned above, City staff received two rounds of comments and attended two meetings with HCD during the 90-day review period. The HCD comments varied from minor edits and requests for additional information, to requiring greater commitments to programs, adding new programs, and modifying the sites inventory. With regards to the sites inventory, the City received comments from HCD and the public related to overreliance on the mall site, distribution of sites City-wide, and no net loss. The City’s experienced Housing Element team, comprised of RRM Design and Veronica Tam & Associates, worked diligently to address all HCD comments, publish updates in compliance with the required 7-day minimum public review period, and resubmit to HCD. Typically, staff would bring each round of modification to the Planning Commission and City Council for review, but in an effort to comply with the required December 15th deadline for submitting an adopted Housing Element and avoid the state penalizations for not doing so, all modifications were made at a staff level to stay on schedule. Attachment 2 is a list of modifications completed during the 90-day review period.

The following identifies the next steps for the Housing Element update.

Next Steps Date
Receive final HCD Comments from 90-day review October 3, 2023 Planning Commission Update on HCD review October 5, 2023 City Council Update on HCD review October 12, 2023
Conduct Planning Commission and City Council adoption hearing October/November 2023 Submit Housing Element to HCD for Certification Prior to December 15, 2023 CEQA: The housing consultant is currently drafting the CEQA documents for public hearings.

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

Attachments:
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1. HCD Comment Letter October , 2023

2. Summary of Modifications from HCD 90-day review period Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 3, 2023
Katie Herlihy, Director
Community Development Department
City of Capitola
420 Capitola Avenue
Capitola, CA 95010
Dear Katie Herlihy:

RE: City of Capitola’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Capitola’s (City) draft housing element received for review on July 5, 2023, along with revisions received on September 19, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on September 6, 2023, with the City’s housing element team. In addition, HCD considered comments from Santa Cruz YIMBY pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The revisions needed to comply with State Housing Element Law are as follows:

1. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Goals, Actions, Metrics, and Milestones: Promoting housing mobility removes barriers to higher opportunity and income areas and strategically enhances access to housing choices and affordability. The element must include significant actions to promote housing mobility within the City and relative to the region to promote more inclusive communities. While the element includes some potentially meaningful actions, largely, these actions are limited to the regional housing need allocation (RHNA) or geographically targeted to high and highest resource areas which is the entire City. Instead, programs to promote housing mobility should consider geographic targeting such as highest resource and relatively higher median income areas or areas of lesser intensity. In addition, the element should consider additional actions with numerical targets (e.g., 200 153
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Katie Herlihy, Director

units) beyond rehabilitation, accessory dwelling units (ADU) and following state laws. Examples of additional actions could include upzoning areas, increasing housing choices (e.g., duplexes to fourplexes), targeting funding, allowing conversion of existing space beyond state ADU and junior accessory dwelling unit (JADU) laws and homesharing.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services…(Gov. Code, § 65583, subd. (c)(1).)
Capitola Mall: While the element provides information regarding the current uses on the Capitola Mall site, it must still describe the extent to which existing uses may continue to constitute an impediment to residential development. For example, the element cites a previous application and trends in commercial uses but should also evaluate the extent to which existing commercial uses may preclude residential development in the planning period. For example, the element could address existing lease agreements, easements or property conditions that may preclude residential development, whether uses will discontinue or how uses will continue through redevelopment, replacement parking and site planning consideration, potential phasing of the project, development on non-commercial portions of the site, and other factors that support the site’s redevelopment during the planning period.

Additionally, given the reliance on the Capitola Mall site to meet the RHNA, the element should include a program that commits to facilitating development and monitoring approvals of the projects (e.g., coordination with applicants to approve entitlements, supporting funding applications, expanding approvals, and monitoring of project progress, including rezoning or identification of additional sites, if necessary).

Realistic Capacity: While the element lists recent projects in the MU-N and C-C zones to estimate realistic development capacity on those sites, the element must further analyze the likelihood of 100 percent nonresidential development and account for this likelihood in the calculation of residential capacity.

Suitability of Nonvacant Sites and Zoning for Lower-Income Households: The element includes sites in the R-1 zone (with a maximum density of 8.7 du/ac) with existing congregational or educational uses currently listed as sites appropriate to meet the lower-income RHNA. However, the element must demonstrate densities appropriate to accommodate housing for lower-income households. For communities with densities that meet specific standards (at least 20 units per acre for Capitola), no analysis is required. (Gov. Code, § 65583.2, 154
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subd. (c)(3).) Otherwise, an analysis must demonstrate appropriate densities based on factors such as market demand, financial feasibility, and development experience within identified zones. In addition, the element should further evaluate the extent existing uses impede additional development. For example, the element mentions excess surface parking and underutilized buildings but should discuss whether those uses will continue or discontinue and if continuing, how the use impacts additional development. Based on the outcomes of this analysis, the element should add or modify programs, including, if applicable, meeting by right requirements pursuant to Government Code section 65583.2, subdivision (h) and (i).

Small Sites: Sites smaller than half an acre are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites of equivalent size and affordability were successfully developed during the prior planning period or other evidence demonstrates the suitability of these sites. The element mentions some past production on small sites and reports that most of the small sites are under common ownership but should also discuss the potential for consolidation. For example, the element could evaluate the circumstances potentially leading to consolidation such as existing shared access, necessity for consolidation to share access, necessity for consolidation to promote financial feasibility, meet development standards or facilitate site planning. Based on the outcomes of this analysis, the element should add or modify action to encourage lot consolidation.

For example, the element could consider graduated density as an additional incentive to promote lot consolidation.

Publicly-Owned Sites: The element mentions publicly-owned sites but should also discuss their suitability for development in the planning period, including status, anticipated schedule and any known barriers to development in the planning period. Based on the outcomes of this analysis, programs should be added or modified to comply with surplus land act requirements, if applicable, target numerical objectives consistent with the inventory and commit to a schedule of actions to facilitate development, including alternative actions if necessary.

Environmental Constraints: While the element generally describes a few environmental conditions within the City, it must relate those conditions to identified sites and describe any other known environmental or other constraints that could impact housing development on identified sites in the planning period, such as lot shape, access, contamination, overlays, and easements.

Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. 155 Item 8 B.

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Programs: Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures…(Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities…(Gov. Code, § 65583, subd. (c)(3).) Fees and Exaction: While the element provides a general overview of fees in the City, it should further analyze the total fees as a proportion to the overall development cost. Upon this analysis, the element may need to add or modify programs to reduce fees, as appropriate.

Other Locally Adopted Ordinances – Incentives for Community Benefit: While the element provides some general information on the City’s Incentives for Community Benefit Ordinance, it should analyze the Ordinance’s impact on housing supply and affordability. For example, the element should describe the process which applicants must go through to qualify for these incentives, including any discretionary hearings or standards that might apply. Upon this analysis, the element may need to add or modify a program, as appropriate.

Constraints on Housing for Persons with Disabilities: Program 3.4 commits to permit large residential care facilities in zones where residential uses are permitted but should also clarify these uses will be permitted regardless of licensing and similar to other uses of the same type in the same zone.

Programs: Upon a complete analysis of potential governmental constraints, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to substantially comply with the above requirements pursuant to Government Code section 65585.

Public participation in the development, adoption, and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly 156
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Katie Herlihy, Director

available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work, dedication, and responsiveness the City’s housing element team provided during the update and review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Ayala, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
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Attachment 1:

Modifications to Draft Housing Element in Response to
Public Review and HCD Comments
The list of modifications corresponds to the chapters of the draft Housing Element:
 Introduction
o addressed public comments the City has received and corresponding edits made to the Housing Element
 Housing Needs Assessment
o summary of needs and resources for special needs groups in Capitola  Constraints
o clarification that the Affordable Housing Overlay will be removed from the City’s Municipal Code and Zoning Map
o addressed tools the City has regarding maximum densities o cumulative impacts of the City’s land use controls
o highlighting the City’s recent efforts regarding ADUs o clarification on where residential care facilities are permitted in the City o explanation of the City’s CUP process and findings
o updates on the City’s water rights
 Housing Need and Opportunities
o recent trends of recycling land in Capitola, including for higher density uses o detailed list of criteria used in determining the sites in the Housing Element  FAR, Building Age and Improvement to Land Ratio
o additional analysis and explanations about:
 density assumptions for the sites inventory
 how the city will facilitate lot consolidation
 non-vacant sites and the likelihood of them being redeveloped  the Capital Mall site, including the previous application received by the City and proposed density
o changes to site inventory
 addition of Kings Plaza parking lot and Nob Hill parking lot  removal of State-owned sites
 reallocation of lower density units for some of the inventory properties  Housing Plan
o Program 1.1
 ADU assumption (50 ADUs over 8-year period) and additional assistance the City will provide to facilitate ADU development
 removing the Affordable Housing Overlay
 updating City documents related to the Mall being a high transit area.

Change to occur once site qualifies as a high frequency transit area o Program 1.3
 additional assistance the City will provide to facilitate ADU development o Program 1.4
 expand the Incentivized Zone to key commercial corridors to facilitate mixed use development
o Program 1.6
 revise multi-family residential parking requirements
o Program 1.7
 new Shopping Center Redevelopment program
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o Program 1.8
 new Religious Facility Housing program
o Program 1.9
 new SB 9 support program
o Program 2.5
 encourage developers and contractors to hire local labor o Program 4.2
 reinstate the Rental Housing Assistance program
o Program 7.1
 changes made to the Fair Housing Actions table to increase fair housing opportunities for Capitola residents
 Appendix D – Sites Inventory
o changes to sites inventory table
 sites 37, 38 and 78 were removed (state-owned properties)  site added (site 45)
 reallocation of lower income units on several sites
 max FAR column was added
 shading was added to show sites that meet selection criteria  Appendix E – AFFH
o additional language about fair housing laws
o information about displacement risk
o additional information about persons experiencing homelessness o language about the City’s Zoning Code updates
o local knowledge including development patterns and planned capital improvements
o new housing and mobility strategies
o new tables and maps based on the Element’s revised sites inventory o prioritizing contributing factors
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City of Capitola
Housing Element
Update
OCTOBER 12, 2023

CITY COUNCIL
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Tonight’s
Topics
2 • Housing Element Overview
• HCD 90-day review
• Next steps
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What is the Housing
Element?
One of seven required elements of
the General Plan

GENERAL
PLAN
Housing
Conservation
Land
Use
Open
Space Mobility
Noise
Safety
Update required every eight (8) years - Deadline: December 15, 2023 Assessment of City’s housing needs
and how best to accommodate
existing and future housing needs
Reviewed for compliance by
California Dept. of Housing and
Community Development (HCD)
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Outreach
HCD
Review of
Adopted
HEU
*Implementation
occurs over 8
years with 3 years
for rezoning
Housing
Needs
Assessment
Draft HEU
&
Programs
HCD
Review of
Draft HEU
Adoption HEU
Implementation*
Housing Element Update
Process
163
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Drafts
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Updates
What changes were made in response to HCD
comments?
6 HCD October 3rd HCD Comments Letter
• Additional information
• Analysis on Mall
• Programs for housing opportunities
within R-1 and Multifamily
• Update Community Benefits Overlay
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Housing Needs and Opportunities
• What criteria were used to determine sites?
◦ FAR, Building Age and Improvements/Land Ratio
• Additional analysis :
◦ Density assumptions for the sites inventory
◦ Lot consolidation
◦ Non-vacant sites and the likelihood of redeveloped
◦ Capital Mall site
• Changes to site inventory
7 State is requesting additional
information on Mall site: lease
agreements, phasing, programs to
commit to facilitating
redevelopment, and monitoring.
166
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Sites Inventory Summary
14 % buffer 167
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41st Ave
Capitola Road
Sites Inventory Map
Added
Added
Added
parking
area
Removed
Removed
Removed
Removed
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Mall
1st Draft: 853 units
- Existing Lease at Kohl’s, portions of central mall, and parking areas near Target and Macy’s.
- Over Reliance and No Net Loss findings
Current Draft: 641 units
- Removed Kohl’s Site
- Added sites (Nob Hill, King’s Plaza)
10 169
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Constraints
Request for more information:
•Affordable Housing Overlay – To be removed
• Tools regarding maximum densities
• ADU updates
• Residential Care Facilities and CUPs
• Water availability
11 170
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Housing Plan
Program 1.1 Housing Production: Diversity in housing type and affordability level to accommodate the needs of Capitola Residents 12  Target growth into highest resource areas (SF)
 Set additional actions with numeric targets
 Examples: upzone, target funds, duplexes to fourplexes, go beyond state ADU/JADU laws
HCD
Recommended Amendments:
• Revisit density on low and medium multifamily zones
• Allow duplexes on corner lots in R-1 with objective standards 171
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Housing Plan
Program 1.4
• Expand the Community Benefit Zone to key commercial corridors to facilitate mixed use redevelopment
13 Incentives for Community Benefit - Impact on housing supply and affordability - Application process, including discretionary hearing or standards
HCD
Recommended Amendments:
 Revisit Community Benefits Overlay
 Incorporate objective standards
 Reevaluate Incentives
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Housing Plan
Housing Plan
Program 1.6
• Revise multi-family residential parking requirements
Program 1.7
▪ New Shopping Center Redevelopment program
◦ Land Use Study.
◦ Develop land use policies and zoning development standards to facilitate: Subdividing, clustering, shared access, range of housing choices, and strong sense of place and cohesive urban design objective design standards.
14 PC: Too specific. Reword to implement outcome of study 173
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Housing Plan
Housing Plan
Program 1.8
• New Religious Facility Housing program
Program 1.9
• New SB 9 support program
15 Request for More Details:
 R-1 Zone. Must demonstrate how religious
facility housing complies with unit/acre
 Address underutilized buildings, parking, and
how that will impact additional development
HCD
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Housing Plan
Program 2.5
• Encourage developers and contractors to hire local labor Program 4.2
• Emergency Rental Housing Assistance program
Program 7.1
• Changes to the Fair Housing Actions table to increase fair housing opportunities for Capitola residents
16 175
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Affirmatively Furthering Fair Housing
• More Information: Fair housing laws, displacement risk, homelessness, zoning code, local knowledge
• New housing and mobility strategies
• Update tables and maps based on revised sites inventory 17 HCD
Recommended Amendments:
• Revisit density on low and medium multifamily zones
• Allow duplexes on corner lots in R-1 with objective standards 176
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SC Yimby
18 Program 1.1
• Capitola will work with AMBAG in the 2050 MTP/SCS (scheduled for June 2026) to designate the Capitola Mall as a planned high-quality major transit stop.

Program 1.4:
• Incentivize development of affordable housing on commercial sites along transit corridors
Program 1.6
• Analyze the zoning and development standards in the Incentives for Community Benefits Ordinance, using the Mall land-use study to modify the incentives
• Update the Community Benefits Ordinance to rely on Objective Standards for mixed-use developments.

Program 1.7:
• Facilitate development of the mall and monitor approvals and progress of the mall.

Program 1.8:
• Within the new religious facility housing program, incorporate objective design standards into the new ordinance.
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Final Edits for Adoption
19 1. Add Mobility Strategies
• Revisit density on low and medium multifamily zones
• Allow duplexes on corner lots in R-1 with objective standards

2. Amend Community Benefits Overlay
• Review and Incorporate Objective Standards

3. Additional Information
• Capitola Mall
• Religious Sites
• Small lot consolidation
• Constraints

4. Community Benefits and Shopping Center programs align with study PC

5. Add a Program to initiate discussions on housing and state lands PC

6. Add SC Yimby recommendations

7. Timing for Commitments
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•October 19th – Planning Commission Special
Meeting. Recommendation to City Council.
• November 9th – City Council Adoption
• Statutory City Council adoption deadline
December 15, 2023
Next Steps
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Recommendation: Direct staff to
incorporate PC, HCD, and SC Yimby
recommendations into draft housing
element in preparation for adoption.
21 180
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