REVISED 10/26/2023 4:30 PM
City of Capitola
City Council Meeting Agenda
Thursday, October 26, 2023 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Keiser
Vice Mayor: Kristen Brown
Council Members: Yvette Brooks, Joe Clarke, Alexander Pedersen Closed Session – 5 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code § 54956.8) Property: Monterey Park, APN: 036-15-102
City Negotiator: Jamie Goldstein, City Manager
Negotiating Parties: Soquel Union Elementary School District Under Negotiation: Transfer of Real Property
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.
4. Report on Closed Session
5. Additional Materials
Additional information submitted to the City after distribution of the agenda packet.
A. Correspondence Received - Item 9A
6. Oral Communications by Members of the Public
Please review the Notice of Remote Access for instructions. Oral Communications allows time for members of the Public to address the City Council on any “Consent Item” on tonight’s agenda, or on any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” 1 City Council Meeting Agenda – October 26, 2023
City of Capitola Page 2
section of the Agenda. Members of the public may speak for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.
7. Staff / City Council Comments
Comments are limited to three minutes.
8. Consent Items
All items listed as “Consent Items” will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time the Council votes on the action unless members of the City Council request specific items to be discussed for separate review. Items pulled for separate discussion will be considered following General Government. Note that all Ordinances which appear on the public agenda shall be determined to have been read by title and further reading waived.
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on October 12, 2023.
B. Resolution Against Banning Materials
Recommended Action: Adopt a resolution against banning books and materials in the Santa Cruz Public Library system.
C. CalRecycle Grant Programs
Recommended Action: Adopt a resolution authorizing the application for grant funds from the California Department of Resources, Recycling, and Recovery (CalRecycle).
9. General Government / Public Hearings
All items listed in “General Government / Public Hearings” are intended to provide an opportunity for public discussion of each item listed. The following procedure pertains to each General Government item: 1) Staff explanation; 2) Council questions; 3) Public comment; 4) Council deliberation; 5) Decision.
A. Coastal Rail Trail Segments 10 and 11
Recommended Action: Provide direction to staff on a comment letter on the Environmental Impact Report and Consolidated Coastal Permit Request for the Coastal Rail Trail Segments 10 and 11.
B. Chief’s Advisory Committee
Recommended Action: Receive a report about the formation of the Police Chief’s Advisory Committee, review the application and selection process, and provide direction to staff.
C. FY 2023-24 City Fee Schedule
Recommended Action: Adopt a resolution amending the fee schedule for Fiscal Year (FY) 2023-
24. D. Amendments to Title 2: Administration and Personnel Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola amending Chapters 2.04 and 2.08 of the Capitola Municipal Code.
10. Adjournment - Adjourn to the next regularly scheduled City Council meeting on November 9, 2023, at 6:00 PM.
_____________________________________________________
Notice of In-Person & Remote Access
2 City Council Meeting Agenda – October 26, 2023
City of Capitola Page 3
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.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 831-475-7300 al menos tres días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected].
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: Matt Farrell <[email protected]>
Sent: Wednesday, October 25, 2023 12:49 PM
To: City Council; Keiser, Marguax; Brooks, Yvette; Clarke, Joe; Brown, Kristen; Pedersen, Alexander
Subject: Letter in Support of Item 9a. Proposed Bike and Pedestrian Improvements Attachments: Letter of Support for Item 9a Bike and Pedestrian Recommendations 10242023.docx Mayor Keiser and councilmembers,
Attached is a word document version of our support letter for pedestrian and bicycle improvements in Capitola Village.
Matt Farrell
Chair, FORT
4 Item 5 A.
P.O. Box 1652, Capitola, CA 95010 • [email protected] Fiscally sponsored by Social Good Fund (EIN) TAX ID: 46-1323531 October 24, 2023
To: Mayor Keiser and the Capitola City Council
Subject: Support for Bike and Pedestrian Improvements in Capitola Village Santa Cruz County Friends of the Rail and Trail (FORT) wants to thank city and county staff for all the work they have done on this project, which will improve bicycle and pedestrian access and safety into and through Capitola Village.
We urge Council to support the following changes:
● Revising the width of the existing bike and vehicular lanes for an approximately 350-foot-long portion of Cliff Drive, from the end of the Coastal Rail Trail to where the sidewalk begins on the coastal side of Cliff Drive, to allow demarcation of a separate 4- foot-wide pedestrian path on the coastal side adjacent to the Class II bike lane; ● Re-painting the existing white striping and adding green pavement painting to the existing Class II bike lanes through the Capitola Village; and ● Installing white sharrow markings with green backgrounds along the Class II bike routes where bicycles and vehicles share the lane through the Capitola Village.
We are supportive of city staff’s interest in additional ADA improvements in Capitola Village and in a sidewalk on Cliff Drive. It is also our understanding that these elements were not included in the original project scope and would be hard to fund in the current budget. For this reason, we support the city applying for collaborating with the RTC on a future grant for this work.
Besides providing a much safer route for bicyclists to and through the Capitola Village, these changes will also improve pedestrian safety on Cliff Drive. Along with these benefits, these measures will provide a connection to the Rail Trail. 5 Item 5 A.
P.O. Box 1652, Capitola, CA 95010 • [email protected] Fiscally sponsored by Social Good Fund (EIN) TAX ID: 46-1323531 The staff report’s attached RTC fact sheet on a proposed interim trail over the trestle bridge clearly addresses the extensive process and challenges presented by an interim trail. The long-term vision has always been for a continuous trail with a new rail bridge.
At the conclusion of the Unified Corridor Investment Study, the Regional Transportation Commission unanimously affirmed its commitment to leave the railroad infrastructure in place, maintain freight rail service, and institute high-capacity public transit service.
Finally, given the overwhelming defeat of Measure D, there is strong evidence that our community supports this path; and wants to continue to preserve the opportunity for rail on the branch line.
Matt Farrell
Board Chair, FORT
6 Item 5 A.
1 Gautho, Julia
From: Jean Brocklebank <[email protected]>
Sent: Wednesday, October 25, 2023 12:41 PM
To: City Council
Subject: [PDF] Agenda item 9.A. Coastal Rail Trail Segments 10 and 11 Attachments: B & G - Castle Ultimate 2.pdf; B & G - Castle Ultimate 1.pdf; Surf and Sand encroachment.pdf; Trade Winds encroachment.pdf
Dear Mayor Keiser and Council Members ~
I am writing about serious concerns regarding impacts to residents of at least two of three mobilehome parks in the City of Capitola, for your consideration as you provide direction to staff on a comment letter on the Draft EIR for Segments 10 & 11 of the Rail Trail.
The impacts would be a result of relocation of the homes, as proposed by the County of Santa Cruz (the CEQA lead agency, in coordination with the City of Capitola and the RTC).
There are five manufactured home parks in Segments 10 & 11, in which homeowners may be ultimately impacted if the Proposed Project (12' wide Ultimate Trail), as described in the EIR, is built. Three of these parks are in the City of Capitola. There are a variety of park property owners.
An Optional First Phase of the Proposed Project (16' wide interim trail down the center of the corridor) would eliminate these impacts. There is also a stand-alone Alternative 1 (16' Trail Only down the center of the corridor). Either the Optional First Phase (Part 1) or Alternative 1 would eliminate the relocation impacts to both residents and park owners in Capitola.
With one possible exception (Tradewinds, which is parcelized), the RTC communicates with the park property owner regarding relocation. However, it is very much the residents (home owners who rent the space from the property owner), who will bear the brunt of any relocation requirements.
The DEIR does not name the mobilehome parks. It discusses them generically. However, diagrams in the EIR Appendix make it very clear which parks and which homeowners will be affected if the Ultimate Trail is approved and built.
How relocation will be accomplished in mobile home parks is covered on p. 646 (3.15.9 Population and Housing) Threshold B (my bold emphasis):
"There may be existing structures that encroach into the RTC-‐ owned ROW that conflict with the trail. These unauthorized encroachments will be resolved b y the RTC per their Encroachment Policy, regardless of the Project, as part of a separate p rocess prior to trail construction in this area. As part of this process, property owner options include but are not limited to physically moving the mobile homes several feet outside t he RTC-‐
owned rail corridor ROW and within the same mobile home park; if adequate space is not available to physically move an individual mobile home, property owners could modify or r eplace the mobile home with a slightly smaller structure that fits within respective lot in the mobile home park or elsewhere on the owner's
property, or they could move the mobile home to another nearby mobile home park th at has space to accommodate it. Because the encroachments are unauthorized, residents would not be considered "displacees" as defined by
7 Item 5 A.
2 the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act. Howeve r, the RTC would implement avoidance and minimization measure in accordance with their E ncroachment Policy to reduce impacts to property owners and residents.
"In summary, the Project would not result in the displacement of substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Therefore, the impact would be less than significant (Threshold B). No mitigation is required." After observing installation of manufactured homes in various parks for over 30 years, beside the enormous cost, I think it would easily take 6 months per home to relocate it inside a park or replace it with a smaller home. All utilities are underground, so there would have to be gas, electric and water built in a new trench and the double wides would have to be broken into two units and recombined. Interior and exterior seams would have to be finished. Earthquake bracing would have to be re-installed. Meanwhile, the home owners would have to have someplace to live while all of this takes place.
To my knowledge, the RTC has not looked within parks to determine whether or not there are any opportunities for creating new spaces on which to relocate homes that currently encroach into the R-O-W.
I have attached the diagrams of the following City of Capitola parks to help you see the potential relocation problems associated with the Ultimate Trail configuration.
Castle Mobile Estates (owned & operated by non-profit Millennium Housing Corp.) This park is in Segment 10.
In this part of Segment 10, with the Ultimate Trail, tracks are going to be moved south, coming within what looks like about 5' feet or less of several homes along the corridor. Castle Mobile Estates has about 5 homes that are currently encroaching (at the 38th Ave. end of Segment 10).
One is very problematic in terms of "encroachment" but would be okay. If either the Optional First Phase of the Ultimate Trail or Alternative 1 (16' wide Trail Only) is built down the center of the corridor, there should be no dislocation of homes in Castle Mobile Estates.
Surf and Sand (investor-owned)
This park is in Segment 1o.
This park appears to have only one encroachment difficulty; that is, an out building (storage shed?) that could easily be moved out of the ROW.
8 Item 5 A.
3 If either the Optional First Phase of the Ultimate Trail or Alternative 1 (16' wide Trail Only) is built down the center of the corridor, there should be no dislocation of homes in Surf & Sand.
Tradewinds Park (resident-owned and parcelized)
This park is in Segment 10.
There is one encroachment. However, it appears that even with the Ultimate Trail configuration the corridor at this point is wide enough that the tracks can be moved inland (with trail moved to the coastal side) without relocation of that home. If either the Optional First Phase of the Ultimate Trail or Alternative 1 (16' wide Trail Only) is built down the center of the corridor, there should be no dislocation of homes in Tradewinds Park.
I first alerted some residents of Castle Mobile Estates in April of 2021, as well as Blue & Gold Star MHP, sharing my concerns after learning about the R-O-W situation and also addressing concerns to the RTC and County staff.
I think the County, as lead agency in this project, has a responsibility to contact all potentially impacted homeowners in the five parks of Segments 10 & 11, since it is they who will bear the brunt of relocation. Each home in the City of Capitola has a unique mailing address. Otherwise, with the exception of parcelized Tradewinds Park, it will only be the park property owner who learns of this situation.
I also recommend a timely meeting with these homeowners (before the DEIR comment period deadline), sponsored by the County, RTC and City of Capitola -- to take their questions and provide answers about what is proposed for their homes. They have a right to be so informed, just like residents who live within 300' of a regular development project have that right.
My personal recommendation is to support the Optional First Phase of the Proposed Ultimate 12' Trail, since it would guarantee that no affordable housing in Segments 10 & 11 will be impacted by disruption and relocation. Additionally, a 16' wide trail over the Capitola Trestle, included in the Optional First Phase, will solve the problem associated with diverting users of the multi-use trail onto the streets of Capitola.
Sincerely,
Jean Brocklebank
34+ year resident of a mobilehome park in the unincorporated County 19+ year member of the Mobile and Manufactured Home Commission 9 Item 5 A.
4 9.A. Coastal Rail Trail Segments 10 and 11 – Provide direction to staff on a comment letter on the Environmental Impact Report and Consolidated Coastal Permit Request for the Coastal Rail Trail Segments 10 and 11. 10 Item 5 A.
11 Item 5 A.
12 Item 5 A.
13 Item 5 A.
14 Item 5 A.
1 Gautho, Julia
From: Ben Vernazza <[email protected]>
Sent: Wednesday, October 25, 2023 2:07 PM
To: City Council
Cc: Gautho, Julia
Subject: [PDF] PRESENTATION CITY COUNCIL Oct 26, 2023
Attachments: Capitola Oct presentation.pdf
"Segment 9 ulƟmate trail is UNSAFE and DANGEROUS."
Please add to materials for meeƟng.
Ben
J. Ben Vernazza CPA/PFS TEP emeritus
Managing Director
THE INSTITUTE FOR PORTFOLIO DIVERSIFICATION
[email protected]
Aptos, CA 95003
+1-831-688-6000
15 Item 5 A.
PRESENTATION CAPITOLA CITY COUNCIL
(October 26, 2023)
SEGMENT 9 ULTIMATE TRAIL IS UNSAFE AND DANGEROUS
The MBSST Master Plan describes the Ultimate trail for Seg 9-10-11 as being 12 feet wide. Caltrans, however, explains that Class 1 bikeways must have two 2-foot shoulders (3 feet where feasible) setbacks within fixed objects (i.e., fence posts, walls) and are not considered part of the traveled way. Because the Ultimate path is primarily contained these
Segments) are mostly 8 feet wide.
The Interim trail is 20 ft wide and includes a 2 ft shoulder on each side and has a traveled way of 16 ft. The other advantage is the ability to separate bikes and pedestrians with their own to and from lanes! Johanna Lighthill, of Seacliff, has studied Segment 9 in detail. It includes additional SAFETY deficiencies. She spent hours and hours on Segment 9 and currently is studying the details of Seg 10 and 11.
DUTY OF "PUBLIC SAFETY AND NECESSITY" AND
AVOIDANCE OF "PUBLIC NUISANCES"
"Public Safety and Necessity" and "Public Nuisance" are legal concepts that have been developed over time through common law and statutory law. They refer to the duty of public employees and public agencies to protect the public from harm and to ensure that public property is used in a safe and responsible manner.
In the context of trails, public agencies have a responsibility to:
Design safe trails.
Maintain trails in a safe condition.
Clear trails of debris and hazards.
Enforce trail regulations.
Prevent crime.
Address public nuisances on trails.
16 Item 5 A.
Public agencies may be liable for injuries or damage that occur on trails if they fail to meet their duty of care. This means that they must take reasonable steps to prevent foreseeable accidents. For example, if someone is injured as a result, the agency may be held liable for negligence.
Public agencies may also be liable for public nuisances on trails. A public nuisance is a condition that interferes with the public's health, safety, or welfare. Public agencies have a responsibility to abate public nuisances, which also means to remove an unsafe proposed design.
The width of a trail and the sharing of pedestrians and bikes can also create safety issues. A trail that is too narrow can make it difficult for pedestrians and bikes to pass each other safely. This can lead to collisions, especially if users are traveling at different speeds.
There are a number of ways to address the safety issues associated with trail width and sharing. One option is to widen the trail.
PUBLIC AGENCY NON-FEASANCE - TRAIL DESIGN
Here are some situations of non-feasance regarding trails:
A public agency fails to design a trail in a safe manner. For example, the agency designs a trail that is too narrow and/or is enclosed.
A public agency fails to repair a dangerous condition on a trail, such as a pothole or an unsafe bridge.
A public agency fails to install warning signs at a hazardous location on a trail. For example, the agency fails to post a sign warning of a steep hill or a sharp turn.
A public agency fails to clear a trail of debris or hazards. For example, the agency fails to remove a fallen tree or a pile of rocks from the trail.
These are just a few examples. There are many other situations in which a public agency could be held liable for non-feasance regarding trail designs.
The specific facts of each case will determine whether the agency is liable.
To be liable for non-feasance, the public agency must have a duty to act, it must have failed to act, and its failure to act must have been the proximate cause of the injury or damage. The duty to act can arise from a statute, a regulation, or a common law principle.
17 Item 5 A.
If a public agency fails to fulfil its duty to act, it may be liable for any injuries or damage that result. The proximate cause of an injury or damage is the legal cause of the injury or damage. This means that the injury or damage must have been foreseeable and was likely to occur because of the agency's failure to design a plan or to act.
Note: This is not a legal opinion. It is a lay person (me) researching the laws.
CAPITOLA CULTURAL CENTER OF MID-COUNTY
We live in Aptos and Capitola is the nearest city and one only has to look at your quarterly RECREATION brochure to see Capitola is the mid-county cultural center. More than half of the events and COMING SOON: Capitola City Council recently joined forces with County Park Friends to build THE JADE STREET PARK UNIVERSALLY ACCESSIBLE PLAYGROUND.
A recent Playground Guest Commentary in the Sentinel
deserves a SAFE place to play, laugh with their friends, chase each other on foot or on wheels, giggle as they zoom down a slide, and which also My thoughts: Kids not only need a SAFE place to play but they need a SAFE way to get there and back home. We must be certain that Segment 9-10-11 on the coastal trail is SAFE for them. Also, we must evaluate a proposal by some to have fast moving trains travelling right next to this upcoming Jade St. Universally Accessible Park Playground.
Let s also be worried about SAFETY for elderly and disabled because this group regularly use the Jade St. Community Center and could trail-travel to Santa Cruz to go to a Warriors Game or Concert etc.
J. Ben Vernazza, CPA, PFS, TEP emeritus (Aptos resident since 1967) 18 Item 5 A.
1 Gautho, Julia
From: Gayle Ortiz <[email protected]>
Sent: Thursday, October 26, 2023 1:00 PM
To: City Council
Subject: Tonight's agenda item-trail
Dear Council member,
I am wriƟng in support of the Interim Trail opƟon with safety also in mind. It has been my opinion, and one that I think most Capitolans agree with, that the UlƟmate Trail/rail will never be built.
When Vision Capitola conducted a survey a few years back, even then, the vast majority didn't believe rail was the best opƟon for transportaƟon.
Thank you for your service to Capitola and it’s ciƟzens, Gayle OrƟz
19 Item 5 A.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on October 12, 2023.
Background: Attached for Council review and approval are the draft minutes from the regular City Council meeting on October 12, 2023.
Attachments:
1. 10/12/2023 Minutes
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
20 Item 8 A.
City of Capitola
City Council Meeting Minutes
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
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 – Item 3A was removed from the agenda by staff.
3. Presentations
A. Unmanned Aerial Vehicle Presentation (Removed from the agenda by staff)
4. Additional Materials
A. Two emails were received relating to Item 8B.
B. One email was received relating to Item 7G.
5. Oral Communications by Members of the Public
Gorin Klepich, resident, spoke about panhandling activity within Capitola city limits. Gary Richard Arnold, resident, spoke about the history of California lobbyist groups. James Whitman, resident, spoke about City Council/City Manager forms of government.
6. Staff / City Council Comments
Police Chief Dally introduced Ranger, the newest Police Canine. Vice Mayor Brown thanked staff for preparing the Tobacco Waste Resolution and requested an agenda item and resolution against banning books and materials in the Santa Cruz Public Libraries system.
Council Member Clarke reminded the public of the Oktoberfest event benefiting CWEP on October 14th.
Council Member Brooks provided a report on her attendance at the League of California Cities Annual Conference, thanked Police Department staff for their coordination on the Youth Action Network collaboration at the Capitola Mall, and requested a staff presentation on the Police Chief’s Advisory Council selection and appointment process. Mayor Keiser requested that staff provide more background information on the Police Chief’s Advisory Council formation.
7. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on September 28, 2023. 21 Item 8 A.
City Council Meeting Minutes – October 12, 2023
City of Capitola Page 2
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.
Motion to approve the Consent Calendar: Council Member Pedersen Seconded: Council Member Brooks
Voting Yea: Council Members Brooks, Clarke, Pedersen, Vice Mayor Brown, Mayor Keiser
8. General Government / Public Hearings
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.
Public Works Director Kahn presented the staff report.
Public Comments:
James Whitman, resident, provided public comment.
Motion to authorize the City Manager to execute a Professional Services Agreement with CSW/Stuber-Stroeh, and adopt a resolution amending the FY 2023-24 budget: Council Member Brooks
Seconded: Vice Mayor Brown
Voting Yea: Council Members Brooks, Clarke, Pedersen, Vice Mayor Brown, Mayor Keiser 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. 22 Item 8 A.
City Council Meeting Minutes – October 12, 2023
City of Capitola Page 3
Community Development Director Herlihy presented the staff report.
Public Comments:
James Whitman, resident, inquired what YIMBY meant.
Janine Roth, SC YIMBY, thanked staff for their collaboration on the Housing Element.
Council Member comments included acknowledgement of the inclusion of local labor recommendations, collaboration with AMBAG for transit-oriented development, support for the Planning Commission’s recommended changes, and thanked staff for their work on the Housing Element.
Motion to direct staff to incorporate recommendations from YIMBY, HCD, and the Capitola Planning Commission into the Housing Element: Council Member Brooks Seconded: Council Member Pedersen
Voting Yea: Council Members Brooks, Clarke, Pedersen, Vice Mayor Brown, Mayor Keiser
9. Adjournment – Adjourned at 7:04 PM to the next regularly scheduled meeting on October 26, 2023, at 6:00 PM.
____________________________
ATTEST: Margaux Keiser, Mayor
____________________________
Julia Gautho, City Clerk
23 Item 8 A.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: City Manager Department
Subject: Resolution Against Banning Materials
Recommended Action: Adopt a resolution against banning books and materials in the Santa Cruz Public Library system.
Background: The Santa Cruz Public Libraries (SCPL) system delivers information, education, and enrichment through a network of ten neighborhood libraries. In addition, SCPL maintains a web-based digital library, a Bookmobile, and community-based programming. Residents can explore a wide range of interests from academic research, book clubs and literacy programs to digital photography, locally produced music, and local history.
The City of Capitola is home to a Santa Cruz County Public Library, located at 2005 Wharf Road. The library has been open since 2021. Other branch locations include Aptos, Boulder Creek, Branciforte, Downtown Santa Cruz, Felton, Garfield Park, La Selva Beach, Live Oak and Scotts Valley.
On October 12, 2023, City Council Member Brown requested that staff bring forward a resolution against the banning of books and materials at the Santa Cruz Public Libraries system.
Discussion: The City of Capitola supports the Santa Cruz Public Libraries’ values of relevance, inclusiveness, community engagement, responsive service, and safe environment. According to the American Library Association (ALA), there were 32 attempts in California to restrict access to books in 2022. The City of Capitola supports the SCPL’s commitment to provide open access and information, as well as allowing free inquiry, and opposes banning books and materials.
Fiscal Impact: There is no fiscal impact associated with the proposed resolution.
Attachments:
1. Resolution
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
24 Item 8 B.
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AGAINST BANNING BOOKS AND MATERIALS IN THE SANTA CRUZ PUBLIC LIBRARIES SYSTEM
WHEREAS, the role of libraries is to provide works and information reflective of diverse perspectives and lived experiences; and
WHEREAS, the Santa Cruz Public Library’s Strategic Plan for 2022-2025 has a goal to “create an organizational culture of equity and inclusion and provide equitable and relevant services to all;” and
WHEREAS, we appreciate our library staff who are often on the front lines of the fight for the freedom to read; and
WHEREAS, according to the American Library Association (ALA), there were 1,269 attempts to censor materials in public libraries in 2022, nearly double the previous year; and WHEREAS, according to the ALA, there were 32 attempts in California to restrict access to books in 2022, covering 87 titles, with the most challenged titles being Gender Queer: A Memoir and Beyond Magenta: Transgender Teens Speak Out; and WHEREAS, according to the Office for Intellectual Freedom at the ALA, six of the top seven titles requested to be banned nationwide in 2022 featured LGBTQ+ content (the seventh was Toni Morrison’s The Bluest Eye); and
WHEREAS, book banning is incompatible with a healthy democracy; WHEREAS, governing bodies in Missouri, Virginia, Arkansas, Texas, Florida, and others have endorsed banning books and have defunded public libraries or threatened to cut funding for public libraries who do not comply.
NOW, THEREFORE, MAY IT BE RESOLVED, that the City of Capitola supports the Library Advisory Commission’s commitment to open access and information as well as allowing free inquiry throughout the Santa Cruz Public Library system, and opposes banning books and materials.
MAY IT BE FURTHER RESOLVED, that the City Council of the City of Capitola affirms that library funding will not be affected by choices in material selection.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the XX day of XX, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Margaux Keiser, Mayor
ATTEST:
__________________________
Julia Gautho, City Clerk
25 Item 8 B.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: Public Works Department
Subject: CalRecycle Grant Programs
Recommended Action: Adopt a resolution authorizing the application for grant funds from the California Department of Resources, Recycling, and Recovery (CalRecycle).
Background: The California Department of Resources, Recycling, and Recovery (CalRecycle) administers various statewide recycling and waste management programs aimed at promoting increased recycling and reducing litter in the waste stream.
Over the last 18 years, the City of Capitola has received over $150,000 in grant funds from CalRecycle.
These grant funds have been applied to Citywide waste reduction programs, such as used oil recycling, beverage container recycling, and food waste recovery. For the City to continue receiving CalRecycle grant funding, staff requests the City Council adopt a resolution (Attachment 1) authorizing the City Manager to execute all required application documents, receive any grant awards, and execute any grant renewals through 2028.
Fiscal Impact: There is no immediate financial impact or budget action necessary because of the recommended action. Staff will return to the City Council if grants are awarded and specific budget actions are required in the future.
Attachments:
1. 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
26 Item 8 C.
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING THE
SUBMISSION OF APPLICATION(S) TO THE DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY (CALRECYCLE) FOR GRANT FUNDS AND RELATED AUTHORIZATIONS WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Capitola, hereby:
1. The City of Capitola authorizes the submittal of applications to CalRecycle for all grants for which the City of Capitola is eligible.
2. The City Manager, or his/her designee, is hereby authorized as Signature Authority to execute all documents, including but not limited to applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project(s).
3. The authorizations set forth in this Resolution are effective for five (5) years from the effective date of this resolution.
4. This Resolution shall take effect immediately upon its adoption.
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 26th day of October, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________
Margaux Keiser, Mayor
27 Item 8 C.
ATTEST:
_______________________
Julia Gautho, City Clerk
28 Item 8 C.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: Community Development Department
Subject: Coastal Rail Trail Segments 10 and 11
Recommended Action: Provide direction to staff on a comment letter on the Environmental Impact Report and Consolidated Coastal Permit Request for the Coastal Rail Trail Segments 10 and 11.
Background: The Coastal Rail Trail is 32 miles in length extending from Davenport to Watsonville. It is located on the Santa Cruz Branch Rail Line (SCBRL) and is owned by the Santa Cruz Regional Transportation Commission (RTC). Segments 10 and 11 are approximately 4.5 miles in length and extend from 17th Avenue in Live Oak, through the City of Capitola, to State Park Drive in the Seacliff neighborhood. As proposed, the trail will provide a new transportation corridor for pedestrians and cyclists along a paved asphalt surface. These two segments of the Coastal Rail Trail connect to 10 schools, 18 parks, 13 public beaches, 2 community centers, and multiple residential neighborhoods and commercial areas through some of the most densely populated portions of Santa Cruz County.
On December 7, 2022, the California Transportation Commission (CTC) approved $67.6 million in competitive grant funding through its Active Transportation Program (ATP) for Coastal Rail Trail Segments 10 and 11 and fully funded the project for construction. This is the largest ATP grant ever awarded. The CTC also approved $35.8 million for the construction of Segments 8 and 9 (Pacific Ave to 17th Ave). A total of 18 miles of the Coastal Rail Trail are now fully funded for construction between Davenport and State Park Drive. The funding does not include the trail crossing over the Capitola Trestle.
Discussion: The development of Coastal Rail Trail Segments 10 and 11 are subject to the California Environmental Quality Act (CEQA) to ensure that all significant impacts of the project are disclosed, and alternatives and mitigation measures are identified and considered.
On October 16, 2023, the County of Santa Cruz, as the lead agency under CEQA, published a draft Environmental Impact Report (EIR) for the Coastal Rail Trail Segments 10 and 11 project. The draft EIR evaluates the proposed project's potential environmental impacts and recommends mitigation measures to reduce impacts to a less-than-significant level where possible. The draft EIR is available on the County website, a link to which can be found as Attachment 2.
Within the EIR, the project is described as approximately 4.5 miles of new multi-use bicycle and pedestrian trail along the Santa Cruz Branch Line rail corridor from 17th Avenue to State Park Drive. The project excludes a 0.5-mile section following surface streets through the City of Capitola from Opal Street/Cliff Drive Plaza to the intersection of Monterey Avenue and Park Avenue. The EIR evaluates two alternatives: the Ultimate Trail Configuration (Trail Next to Rail), as well as an Optional Interim Trail (Trail on the Rail Line) whereby the railroad tracks would be removed and the trail would be located on the rail bed, at an equal level of detail.
The Ultimate Trail Configuration alternative evaluates two options in Capitola as follows:
The first is an option to use the Capitola Trestle for the trail instead of directing trail users to bicycle lanes and sidewalks through Capitola Village. The Capitola Trestle option is not currently funded. In the second option, for a 0.3-mile section between Grove Lane and Coronado Street, the trail would be located on the inland side of the rail (instead of the coastal side).
The RTC provided additional information regarding the Capitola Trestle which is included as Attachment
1. 29
Item 9 A.
Role of the City under CEQA: The County of Santa Cruz is the lead agency for the project. The lead agency under CEQA is the public agency with the principal responsibility of approving a project. The City of Capitola and the Santa Cruz Regional Transportation Commission (SCRTC) are “responsible agencies” under CEQA. Responsible agencies have some discretionary approval or permitting power over the project, and, therefore, participate in the CEQA review process. For the City of Capitola, the project is subject to a Coastal Development Permit (CDP), discussed below. In reviewing a project, the responsible agencies must rely on the lead agency’s CEQA document and are bound by its conclusions.
A Responsible Agency has the following duties:
1. Consultation prior to preparation of an EIR.
2. Review of an EIR. A responsible agency may submit comments on projects that it will later be asked to approve or for which it has jurisdiction. Comments should focus on the shortcomings of the EIR or additional alternatives of mitigation measures the EIR should contain. Comments should be limited to those project activities that are within the responsible agency’s area of expertise, are required to be carried out or approved by the responsible agency or will be subject to the responsible agency’s exercise of powers. Comments should also be as specific as possible and supported by oral or written documentation.
3. Consideration of an inadequate EIR. If a responsible agency finds an EIR to be inadequate, the responsible agency may challenge the EIR.
4. Adoption of alternatives or mitigation measures. A responsible agency is only responsible for mitigating or avoiding the direct or indirect impacts of those parts of the project that it decides to finance, carry out, or approve.
5. Make findings. During the discretionary approval or permitting of the project, the responsible agency may issue separate findings regarding the project and impose all feasible mitigation measures that apply to its part of the project.
Role of the City under Measure L: During the 2018 General Municipal Election, Measure L, a citizen ballot initiative, passed adding Chapter 8.72 Greenway Capitola Corridor to the Capitola Municipal Code.
Measure L was drafted to keep the Monterey Bay Sanctuary Scenic Trail within the Santa Cruz Branch Line Rail Corridor, and not allow a detour around the Capital Trestle. The code includes language on implementation stating that the City shall take all steps necessary to preserve and utilize the corridor and trestle for active transportation and recreation; and further states no City of Capitola department, agency, or employee shall expend any funds or resources related to the construction, reconstruction, operation, maintenance, financing, marketing, or signage for a detour of the Trail onto Capitola streets or sidewalks.
In the 2022 General Election, a County-wide measure to modify the Santa Cruz County General Plan to prioritize the trail over a combined rail and trail (Measure D) failed, with 73% of County voters voting against the measure. Subsequently, in December of 2022, the County was awarded $67.6 million in funds to fully fund Segments 10 and 11.
As a responsible agency, staff has taken a more active role in the review of the EIR and design measures through Capitola Village to improve wayfinding and circulation and reduce conflicts due to increased demand. During the Draft EIR review, Capitola staff informed the County of a preference for Design Option A with the trail located on the Capitola Trestle. Capitola staff requested that the project include improvements on surface streets from Opal Street/Cliff Drive to the intersection of Monterey Avenue and Park Avenue. In response to these comments, the project has been enhanced with wayfinding and striping modifications to improve the visibility of the existing delineated pedestrian and bicycle areas, including:
Revising the width of the existing bike and vehicular lanes for an approximately 350-foot-long portion of Cliff Drive, from the end of the Coastal Rail Trail to where the sidewalk begins on the coastal side of Cliff Drive, to allow demarcation of a separate 4-foot-wide pedestrian path on the coastal side adjacent to the Class II bike lane;
Re-painting the existing white striping and adding green pavement painting to the existing Class II bike lanes through the Capitola Village; and
30 Item 9 A.
Installing white sharrow markings with green backgrounds along the Class III bike routes where bicycles and vehicles share the lane through the Capitola Village.
However other comments City staff submitted have not been included in the EIR, specifically:
ADA improvements in the Capitola Village
New sidewalks on Cliff Drive
The RTC has indicated they would support the City in applying for grant funds to fund these items in a separate project.
The 60-day public review period for the Draft EIR began October 16, 2023, and ends December 15, 2023.
The County must receive all written comments regarding the adequacy of the Draft EIR within this period.
The City Council may direct staff to submit a comment letter during the 60-day review period. Comments made during the City Council meeting will not be considered as public comments on the EIR, as those comments must be received by the County.
Consolidated Coastal Development Permit: The project requires approval of a Coastal Development Permit (CDP) by both the City of Capitola and the County of Santa Cruz. County staff has requested the application be reviewed in a consolidated CDP by the Coastal Commission since a CDP is required by both jurisdictions and a portion of the project is within the Coastal Commission's original jurisdiction over Soquel Creek. In order to process a consolidated CDP, the applicant (RTC), the appropriate jurisdictions (City of Capitola and County of Santa Cruz), and the Coastal Commission Executive Director all must consent to consolidate the permit action, provided that that consolidation does not substantially impair public participation. The standard of review for a consolidated coastal development permit application is the California Coastal Act with the appropriate local coastal program used as guidance. If the City Council were to consent to a consolidated CDP, the consolidated CDP would be reviewed by the Coastal Commission during a public meeting rather than the Capitola Planning Commission. The public would have the opportunity to provide comments to the Coastal Commission. The City Council may direct staff to proceed with a consolidated CDP, request that staff return with the request after the EIR public comment period ends, or direct staff to process the project through the Planning Commission as a normal CDP.
In summary, staff is requesting feedback on two specific items.
1. If staff should return to Council with a comment letter on the EIR.
2. If the City will consent to a consolidated CDP at this time.
Representatives from the County of Santa Cruz and RTC will be in attendance at the October 26th City Council meeting to provide a presentation and answer questions.
Next Steps: The County is scheduled to receive comments on the Draft EIR at a public meeting on Thursday, November 16, 2023, from 5:00 to 7:30 p.m. The County of Santa Cruz website will post additional information on meeting format and location once details become available. Following the EIR public comment period, the County will schedule the project for consideration before the County Board of Supervisors.
Fiscal Impact: There are no fiscal impacts associated with this update.
Attachments:
1. Regional Transportation Commission FAQs on Capitola Trestle
2. Link to Coastal Rail Trail Segments 10 & 11 Draft Environmental Impact Report:
https://dpw.co.santa-cruz.ca.us/Portals/19/pdfs/RailTrail/Schematic-DesignPlans/RTS1011_DEIR_with_Appendices.pdf Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
31 Item 9 A.
FREQUENTLY ASKED QUESTIONS
Santa Cruz County Regional Transportation Commission | (831) 460-3200 | www.sccrtc.org Capitola Trestle on the
Santa Cruz Branch Rail Line
Updated October 2023
Background
The Santa Cruz Regional Transportation Commission (RTC) owns the Santa Cruz Branch Rail Line. The rail line is a freight rail line in need of structural repairs on several bridges, including the Capitola Trestle. The RTC, in partnership with local jurisdictions, is pursuing development of a dedicated bicycle and pedestrian facility, referred to as the Coastal Rail Trail, within the rail right-of-way. The RTC is also pursuing development of passenger rail within the rail right-of-way as part of the Zero Emission Passenger Rail and Trail project.
The Capitola Trestle complex is comprised of 5 individual, but connected, bridges, each made of different materials. The Capitola Trestle provides an elevated rail crossing of Soquel Creek, Wharf Road, Riverview Avenue, and Capitola Avenue. Repairs to the Capitola Trestle complex are needed before the bridge is viable for freight or passenger service.
FAQS
Can a bicycle and pedestrian bridge be
attached to the existing Capitola Trestle
to provide bicycles and pedestrians access
across Soquel Creek within the rail line
right-of-way?
A bicycle and pedestrian bridge cannot be attached
to the existing Capitola Trestle. The Capitola Trestle
complex is made up of 5 bridges including two
concrete spans, two multi-span open deck timber
trestles, and an open deck wrought iron bridge that
spans Soquel Creek. The wrought iron bridge and
timber trestles do not have a location suitable to
connect a cantilevered bicycle and pedestrian bridge
and do not have adequate structural capacity to
support the added weight. Therefore, a bicycle and
pedestrian bridge, like the one cantilevered from
the San Lorenzo River Trestle, is not feasible on the
Capitola Trestle complex.
Can a separate bicycle and pedestrian
bridge be constructed across Soquel Creek
within the rail line right-of-way?
The rail right-of-way in the area of the Capitola
Trestle complex is constrained. Constructing a
stand-alone bicycle and pedestrian bridge next
to the existing Capitola Trestle and within the rail
right-of-way may not be feasible and would require
significant engineering. Due to this space constraint,
the engineering challenges of constructing a bridge
spanning Soquel Creek, and the cost of constructing
a new bridge (trail or rail bridge) over Soquel Creek,
staff is recommending that a bicycle and pedestrian
trail bridge be combined with replacement of a
new Capitola Trestle complex. The Zero Emission
Passenger Rail and Trail Project Concept Report
will evaluate the feasibility and cost of a combined
rail and trail bridge to replace the Capitola Trestle
complex. To date, no cost estimate has been
developed for a new combined rail and trail bridge to
replace the current Capitola Trestle complex.
Can the Capitola Trestle bicycle and
pedestrian trail be constructed on the
existing Capitola Trestle?
The 2021 Capitola Railroad Bridge Repurposing
Conceptual Study analyzed the feasibility of
converting the Capitola Trestle from a rail bridge
to a bicycle and pedestrian trail bridge. The Study
determined that, from a constructability and
engineering standpoint, the Capitola Trestle could
be repurposed into a bicycle and pedestrian bridge if
required structural repairs are completed, including
the replacement of the wrought iron bearings, all the
timber bracing, and 30-40% of the timber piles. After
structural repairs are completed, the existing rails,
decking, and ballast could be removed and replaced
with a steel and fiber reinforced polymer deck system
similar to that used on the San Lorenzo trail bridge.
The study estimated that repair and repurposing of
the bridge would cost approximately $7 million in
2021 dollars.
What are the regulatory requirements
to allow the repurposing of the Capitola
Trestle to a bicycle and pedestrian bridge?
In order to be able to repurpose the Capitola Trestle
to a bicycle and pedestrian bridge, the rail line would 32 Item 9 A.
FREQUENTLY ASKED QUESTIONS
Santa Cruz County Regional Transportation Commission | (831) 460-3200 | www.sccrtc.org Capitola Trestle on the
Santa Cruz Branch Rail Line
either need to go through the regulatory process Updated October 2023 administered by the federal Surface Transportation
Board (STB) to be abandoned or railbanked. STB
regulations designate a common carrier who has
the obligation to provide freight rail service to
potential customers. To remove the obligation, a
freight railroad would need to apply to the STB for
abandonment based on the lack of freight service
and the high cost of repairs. Abandonment is not
desired by the RTC since any right-of-way owned
by easement and not fee title would revert to the
underlying property owners. Railbanking is a method
by which freight rail lines proposed for abandonment
can be preserved for future freight rail use through
interim conversion to trail use and other uses. If
railbanked, the rail and ties could be removed, and
the right-of-way would be preserved for potential reactivation of freight and other potential rail service.
How can the Santa Cruz Branch Rail Line be
railbanked to allow for repurposing of the
Capitola Trestle to a bicycle and pedestrian
bridge?
To abandon and railbank the Santa Cruz Branch
Rail Line, the freight operator would need to file for
direct abandonment with the Surface Transportation
Board (STB) or an interested party could file for
adverse abandonment. The RTC would need to both
file a petition with the STB to enter into railbanking
negotiations, and subsequently enter into a railbank
agreement with the freight operator. The RTC would
need to assume financial liability for preserving
the rail line. Railbanking by means of a direct
abandonment proceeding can be streamlined when
there is no opposition. Another freight operator
can make an Offer of Financial Assistance (OFA) to
maintain the line and assume the legal obligation
to provide freight service. A freight rail customer or
the owner of a potential stranded line would have
grounds to object to abandonment and railbanking.
The STB will not refuse to issue a railbanking order
based on third-party objections about the desirability
or appropriateness of the proposed use. The best
path to railbanking is to have the mutual support of
all affected parties, including the freight operator,
affected freight customers, and owners of potential
stranded lines.
What other steps are required to develop an
interim trail on the Capitola Trestle?
In addition to railbanking, several steps need to occur to develop an interim trail on the Capitola Trestle,
including environmental review, design, permitting
and securing funding. The Coastal Rail Trail Segment
10 & 11 Project environmental review under the
California Environmental Quality Act (CEQA) will
include evaluation of the Ultimate Trail Configuration
(Trail next to Rail Line) and an optional Interim
Trail (Trail on the Rail Line) and both are part of
the Proposed Project. In addition, the Ultimate Trail
Configuration includes a design option that would
provide environmental clearance under CEQA for an
Interim Trail on the Capitola Trestle as part of the
Ultimate Trail Configuration to maximize flexibility.
Therefore, an interim trail project on the Capitola
Trestle will be environmentally cleared under CEQA
as part of the proposed Coastal Rail Trail Segment
10 & 11 environmental review, should the County
of Santa Cruz certify the Segment 10 & 11 Final
Environmental Impact Report. Once the interim trail
is environmentally cleared, the project could enter
the project design phase, should funding be available.
Is there funding for construction of an
interim trail on the Capitola Trestle?
There is not approved funding for repurposing the
Capitola Trestle for an interim trail. The County of
Santa Cruz, in coordination with the RTC and City
of Capitola, are developing the Coastal Rail Trail
Segments 10 & 11 project, which extends from 17th
Avenue to State Park Drive in the unincorporated
area of the County of Santa Cruz. A combination
of local, state and federal funding is dedicated to
construction of Segment 10 & 11 for the Ultimate
Trail Configuration (Trail next to Rail Line). The
current funded project does not include funding for
development of a trail across the Capitola Trestle.
What does the Coastal Rail Trail Segment
10 & 11 funded project include for Capitola
Village?
The Coastal Rail Trail Segments 10 & 11 project
includes re-striping the existing bike lanes in Capitola Village and enhancing the Class II bike lanes with
green thermoplastic striping, and enhancing existing
sharrows on Class III roadways with green paint.
The project also includes adding signage directing
bicyclists and pedestrians through the Village to the
Coastal Rail Trail. In addition, a roughly 350-foot-long section of Cliff Drive from the end of the trail to the start of the Cliff Drive sidewalk will be restriped to
create a delineated pedestrian walkway and Class II
bike lane on the coastal side of the roadway where
bicyclists and pedestrians currently have to share the
bike lane.
33 Item 9 A.
Coastal
Rail Trail
Segments
10 & 11
City Council
October 26, 2023
34 Item 9 A.
1. Presentation by Regional Transportation Commission
and County of Santa Cruz
2. Role of City
3. City Council Questions
4. Public Comment
5. Discussion and Deliberation
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
35 Item 9 A.
Insert County and RTC
Presentation Here
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
36 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
What is Capitola’s Role in the review of the rail trail? 37 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
California Environmental Quality Act (CEQA)
Ensure that all significant impacts of the project are
disclosed, and alternatives and mitigation measures
are identified and considered.
Environmental Impact Report (EIR)
Lead Agency: Santa Cruz County
Responsible Agencies: RTC and City of Capitola
38 Item 9 A.
Capitola is a Responsible Agency within the EIR
1. Consultation prior to EIR.
2. Review EIR.
• Submit comments (optional)
o Support Letter
o Shortcomings of EIR or additional alternatives
3. May challenge inadequate EIR
4. May adopt alternatives or mitigation measures for parts of the project that it decides to finance, carry out, or approve.
5. Within discretionary approval/permits, may issue separate findings and impose mitigation
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
39 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
Draft EIR review by Capitola staff.
1. Preference for Design Option A with the trail located on the Capitola Trestle.
2. Improvements necessary between two end points
through Capitola Village.
40 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
Improvements:
• Revising lanes for 350-foot-long portion of Cliff Drive to allow separate 4-foot-wide pedestrian path on the coastal side adjacent to the Class II bike lane;
• Re-paint white striping and adding green pavement
painting to the existing Class II bike lanes; and
• Installing sharrow markings where bicycles and vehicles share the lane.
41 Item 9 A.
350 feet
Restriped
w/ separate
pedestrian
& bike path
42 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
Not included in Project:
• ADA improvements in the Capitola Village
• New sidewalks on Cliff Drive
43 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
Consolidated Coastal Development Permit (CDP)
• Consolidated Review by Coastal Commission of both
segments instead of Planning Commission review for
Capitola portion.
• Reviewed for consistency with the Coastal Act rather
than Capitola’s Local Coastal Program.
44 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
Public comments made tonight are specific to Capitola’s role and will not be responded to within the County EIR.
Opportunity to submit comments on Draft EIR:
County of Santa Cruz Public Meeting
Segments 10 & 11 DEIR
Thursday, November 16th
5:00 to 7:30 p.m.
See County of Santa Cruz website for meeting details.
45 Item 9 A.
Coastal Rail Trail Segments 10 &11
Role of City of Capitol
Request for Feedback:
1. Should staff prepare a comment letter on the EIR?
2. Will City consent to a consolidated CDP at this time? 46 Item 9 A.
Overview - Coastal Rail Trail
Project Benefits
Project Design
Capitola Village & Trestle
Design Options
Schedule, Next steps & permitting
Coastal Rail Trail Segments 10 + 11
Project Update
Rob Tidmore, County of Santa Cruz
Grace Blakeslee, SCCRTC
47 Item 9 A.
Monterey Bay Sanctuary Scenic Trail
• Trail Master Plan
• 50-mile trail network
• Connects to Monterey County
• 32-mile Coastal Rail Trail/Santa Cruz
Branch Line
• Adopted by City of Capitola in 2015
48 Item 9 A.
49 Item 9 A.
Coastal Rail Trail – Segments 10 & 11
50 Item 9 A.
Coastal Rail Trail – Segments 10 & 11
51 Item 9 A.
Project Benefits to Capitola residents
• 2 miles of new dedicated bicycle and pedestrian facility within the City of Capitola
• Direct connection to 18 miles of trails by 2029 (Aptos to Davenport) • Within 1 mile of 100% and ½ mile of 88% of Capitola residents • New bicycle and pedestrian and car free access from City of Capitola neighborhoods to:
• Jade Street Park
• 41st Ave Commercial Corridor
• New Brighton State Beach
• Sidewalk gap closure on Park Ave, and provides parallel route for sidewalk gaps on Cliff Dr and McGregor Dr
• Enhanced nonvehicular and low-cost coastal access for all ages and abilities
• No construction cost to the City of Capitola
52 Item 9 A.
Project Benefits
• >26,000 people within ½ mile (10-minute walk) of trail 53 Item 9 A.
Project Benefits
• 4.2 miles of trail – 2 miles traverses entire length of the City54 Item 9 A.
Project Benefits
• Connections to low-income areas of City 55
Item 9 A.
Project Benefits
• Connections to affordable housing 56
Item 9 A.
Project Benefits
• Connections to libraries, community centers, seniors, clinics57 Item 9 A.
Ultimate Trail Configuration
Trail Next to the Rail Line
58 Item 9 A.
Interim Trail Configuration
Trail On the Rail Line
59 Item 9 A.
Coastal Rail Trail – Segments 10 & 11
60 Item 9 A.
41st Ave Area
Existing Proposed 61
Item 9 A.
Jade Street Park Area
Existing Proposed 62
Item 9 A.
Cliff Drive Area
Existing Proposed 63
Item 9 A.
Cliff Drive Area
64 Item 9 A.
Capitola Village Area
Proposed Improvements
65 Item 9 A.
Additional Bicycle and Pedestrian Facilities
in Capitola Village
• Seek funding to develop an Active
Transportation Plan for Capitola
Village
• Identify locations for new bicycle
and pedestrian facilities in Capitola
Village
• Include Capitola Village priority
bicycle and pedestrian
improvements in future requests for
state and federal funding
66 Item 9 A.
• Existing Structure cannot accommodate rail
and trail
• Insufficient right-of-way to construct a
separate trail bridge
• Replace existing trestle with a combined
rail and bike/ped bridge over Soquel
Creek as part of the RTC’s Rail Project
• Convert Capitola Trestle to bicycle and
pedestrian bridge requires regulatory
approvals (railbanking)
Capitola Trestle FAQs
67 Item 9 A.
Capitola Trestle Trail Conversion
• Not part of ATP grant scope or funding
• Interim Trail Configuration – included
• Ultimate Trail Configuration – now included as Design Option A Design Option A Interim & Design Option A 68
Item 9 A.
Coastal Rail Trail – Segments 10 & 11
69 Item 9 A.
Monterey Ave to Grove Lane
70 Item 9 A.
Grove Lane to Coronado
Western Connection @ Grove
Coastal Inland – Design Option B 71
Item 9 A.
Grove Lane to Coronado
Eastern Connection @ Coronado
Coastal Inland – Design Option B 72
Item 9 A.
Segment 10 & 11
Key Public Input to Date: • Environmental Impact Report Scoping Meeting – November 2021 • Neighborhood presentations – Late 2021
• RTC Transportation Policy Workshop – February 2022
• Virtual and In-person Open House Schematic Design Reviews – Spring 2022 • Online project survey – Spring 2022
• RTC Citizen Advisory Committees (Bicycle Committee, Elderly and Disabled Transportation Advisory Committee, Interagency Technical Advisory Committee)- Spring 2022 • Targeted outreach to disadvantaged communities – Spring 2022 • Parks and Recreation Commission – Summer 2022
• Capitola City Council – Spring 2023
• Neighborhood presentations – Spring 2023
• Draft Environmental Impact Report – October 16 – December 15* *Note: comments made during this presentation are not part of the official record of comments on the DEIR. 73 Item 9 A.
Segment 10 & 11
Project Schedule & Next Steps
• Notice of Preparation of Environmental Impact Report - October 2021 • Draft Schematic Plan Reviews - 2022
• Draft Environmental Impact Report (EIR)– October 2023 • Draft EIR Public Meeting – November 16, 2023
• Certification of Final EIR – March 2024
• Final Design, right-of-way, and permitting – 2024 - 2026 • Construction Start Date - 2026
74 Item 9 A.
75 Item 9 A.
Thank you!
Contact Information
Rob Tidmore, Segment 10 & 11 Project Manager
Santa Cruz County Parks
831-454-7947, [email protected]
For more information, please visit: www.santacruzcountyca.gov/RailTrail Grace Blakeslee, Senior Transportation Planner
Santa Cruz County Regional Transportation Commission
831-460-3219, [email protected]
Comments on the Draft EIR should be emailed/mailed to:
[email protected]
Rob Tidmore, Santa Cruz County Parks, 979 17th Ave, Santa Cruz, CA 95062 76 Item 9 A.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: Police Department
Subject: Chief’s Advisory Committee
Recommended Action: Receive a report about the formation of the Police Chief’s Advisory Committee, review the application and selection process, and provide direction to staff.
Background: In 2020, the death of George Floyd ignited a movement centered on local policing reforms.
To address community concerns and encourage community collaboration, the Capitola Police Department led by then-Chief McManus with the Santa Cruz Criminal Justice Council conducted a comprehensive review of all the Capitola Police Department’s Policies and Procedures.
Following that review, Chief McManus discovered the value of forming a Chief’s Advisory Committee as an opportunity for early community buy-in and to review and advise on new or sensitive police policies.
In 2021, under Chief McManus, Police Department executive staff researched the formation of the Chief’s Advisory Committee by engaging candidates for the promotional sergeant position. Candidates researched and reviewed Police Chief Advisory Committees in other agencies, interviewed City staff and community stakeholders, and presented a written report as a part of their exam. Police Department executive staff conducted follow-up interviews with Santa Cruz Police Chief Bernie Escalante, Watsonville Police Chief Jorge Zamora, and Chico Police Chief Matt Madden.
After conducting research, reviewing policies, and receiving feedback from various agencies, the Police Department developed Capitola Police Policy #217 (Attachment #1) and began recruitment efforts with the goal of activating the committee in October of 2023.
Staff conducted outreach regarding the recruitment for the Chief’s Advisory Committee by publishing information on the City’s website under the Police Department’s Transparency webpage. The webpage provided an overview of the Committee, the commitments required from the committee members, examples of good candidates, examples of topics considered by the Committee, the estimated application timeline, and information about how to apply. Staff also conducted outreach by sharing this information on the Police Department and City social media platforms (Facebook, Instagram, Nextdoor) and the Capitola Waves Newsletter during the months of July, August, and September.
Discussion: The Capitola Police Department is dedicated to community policing. The Police Chief’s Advisory Committee (CAC) is intended to better foster communication and collaboration between the community and the Police Department. The structure of a CAC can vary widely from one jurisdiction to another; however, a common theme among CACs is they are intended to engage the community and create a platform of dialogue. The effectiveness of the committee can depend on many factors, such as the level of community engagement, the number of meetings held per year, and the workplan of the CAC moving forward. Santa Cruz, Watsonville, and Chico Police have Police Chief Advisory Committees, where members are selected by the Chief of Police. Related documents establishing the Chico, Santa Cruz, and Watsonville committees are included as Attachment #3.
Capitola’s community is comprised of 10,000 residents and numerous visitors per year. In addition to residents and business owners, the City relies on thousands of service workers to meet the needs of our local economy and community. Staff intended to appoint 6-8 key stakeholders to a two-year term on the new CAC, beginning in October of 2023. The appointed members would be expected to serve as representatives of Capitola’s diverse community and would be comprised of a cross-section of active community members throughout the City of Capitola. Members should represent a range of interests and experiences, including business owners, educational leaders, non-profit organizations, public relations, 77 Item 9 B.
faith communities, and youth organizations. Applicants were required to reside in Capitola or own a Capitola business.
Recruitment for the CAC began in July 2023. Staff received 8 applications, despite receiving 12 inquiries.
Eight candidates participated in an interview with the Police Chief, which provided staff with an opportunity to highlight the role and mission of the Committee and expectations for members. Committee members are expected to ensure that decisions are not influenced by personal agendas and are tasked with actively considering and acknowledging their biases and relying on data and facts to make informed recommendations. Committee members were selected by the Police Chief.
CAC Moving Forward: On October 6, 2023, staff announced the appointment of 8 community members to the CAC. All 8 applicants offered different skills and experiences. Following that announcement, staff reflected on the composition of the CAC and felt that, due to the limited number of applicants, the Committee’s composition was not representative of Capitola’s diverse community. Staff paused all CAC activity while reviewing how to best recruit and select members. On October 12, 2023, City Council Member Brooks and Mayor Keiser requested that staff bring forth a presentation on the formation and selection of the CAC.
Staff suggests the City re-recruit for the CAC and has outlined a potential communications and outreach plan to do so. All recruitment materials will be available in English and Spanish. Recruitment and application information will be shared on the City’s website and social media accounts, as well as published in a selection of local news publications. A flyer will be distributed throughout Capitola, and posted at the locations below:
City Buildings & Kiosks
Community Centers located in the sphere of influence
Live Oak and Capitola Branch Libraries
Mobile home parks located in the sphere of influence
Service industry businesses
In addition, staff proposes to communicate directly with interested parties and community groups, as listed below. Staff intends to seek applicants from the groups listed below but does not wish to limit the composition of the CAC to designated interests.
Diversity Center
Senior Center
Service/Construction Union Groups
Latinx Community Groups
NAACP
Cabrillo College
Spiritual Organizations
Family Resource Groups (e.g. United Way, First Five)
Mental Health Groups (e.g. NAMI, Alcoholics Anonymous, Narcotics Anonymous) Staff intends to change the membership requirements and application form for this recruitment. The new application will require that applicants be at least 18 years of age and reside in the sphere of influence of Capitola (Capitola, Aptos, Soquel, Live Oak, etc.). Staff hopes to generate increased interest and application numbers by altering the requirements. Staff will determine the Committee size based on the number and strength of applications.
Staff proposes to conduct recruitment for eight weeks. Applications will be available in hard copy at the Police Department, City Hall, the Capitola Branch Library, and the Community Center. In addition, an online application submittal will be created and available for the CAC. A link to the application will be available in the recruitment materials.
Staff also intends to amend Police Policy #217 to include an annual presentation of the CAC workplan to the City Council. For this first year, Chief Dally anticipates the proposed workplan will include such topics 78 Item 9 B.
as Unmanned Aircraft System (UAS) Policy, Automated License Plate Reader Camera Program, oversized vehicle parking review, website suggestions, and a review of mental health issues in the community.
Fiscal Impact: Outreach costs are estimated at $3,000. When staff returns to the City Council to present the annual CAC Workplan, an update will be provided on costs for the recruitment and appointment process.
Attachments:
1. CPD Policy #217
2. Revised Application for Re-Recruitment
3. Watsonville, Chico, and Santa Cruz Committee Documents Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
79 Item 9 B.
Policy 217 Police Chief’s Community Advisory Committee
217.1 PURPOSE AND SCOPE
The Capitola Police Department is committed to community policing. This policy outlines the Police Chief’s Community Advisory Committee (CAC) organization, duties, and function of the Committee. The Committee is assigned to the Office of the Chief of Police and supported by that office. 217.2 POLICY
The Police Chief’s Community Advisory Committee (CAC) is designed to create a link to the community and the Capitola Police Department. It is intended to serve as a mechanism for members of the public to learn about police initiatives, understand police policy, and to provide input on police operations. It is also an opportunity for the Chief of Police and the department to hear about concerns, issues, and challenges brought forward by members of the committee.
The CAC will act as a sounding committee for the Chief regarding community needs and concerns, keep the Chief apprised of the community’s need for police service and assist in educating the community-atlarge about the function and role of the Capitola Police Department. Areas such as significant community issues, program review, and community outreach assistance are all within the committee’s realm of responsibility.
Although the CAC is expected to be proactive, it will not have any power or authority to investigate, review, or otherwise participate in matters involving specific police personnel or specific police-related incidents. It will not receive, or review complaints initiated against personnel of the Capitola Police Department, nor play any role in civil or criminal litigation. The CAC will act solely in an advisory capacity and will be driven by the creativity and vision of its members; it is intended to be an expression of the Capitola community’s viewpoints.
217.3 COMMITTEE SELECTION AND COMPOSITION
The Police Chief’s Community Advisory Committee (CAC) will consist of 6-8 key stakeholders, comprised of a diverse cross-section of active community members throughout the City of Capitola. These members will represent a range of interests and experience, which may include business owners, educational leaders, non-profits, public relations, faith community, youth representation, and more.
Members must be Capitola residents or business owners and are selected from the pool of applicants by the Chief of Police. Members are chosen to serve on the committee for their professionalism, integrity, and commitment to their community. The term for committee members is limited to two years to allow for greater participation by all interested parties. Extensions for sitting on the committee will be considered on an individual basis at the discretion of the Chief of Police.
Members may be removed for cause prior to the end of their term by a majority vote of the committee or at the discretion of the Chief of Police. Additionally, members who fail to attend three regular committee meetings in a year may be reconsidered to have vacated their position and may be replaced. 80 Item 9 B.
Members of the CAC acknowledge that service is strictly on a volunteer basis and members will not receive any form of compensation. In addition, all members will be subject to a criminal history background investigation prior to appointment to the CAC. 217.4 TERM OF COMMITTEE MEMBERS
The term for each member of the Committee shall be at the sole discretion of the Chief of Police. The Chief of Police, may at their sole discretion, open the application process at any time to increase the diversity of the committee members, replace members who have separated, or any other reason. 217.5 DUTIES OF COMMITTEE MEMBERS
1. The Police Chief’s Advisory Committee will review significant community issues and make recommendations regarding potential resolutions to the Chief of Police.
2. Member of the Police Chief’s Advisory Committee may assist in community outreach efforts.
3. The Police Chief’s Advisory Committee relies upon the authority of the Chief of Police and performs an advisory role only. Recommendation made by the Committee are not binding on the Chief of Police. The Chief of Police answers to the City Manager. In addition to the City Manager, the City Council and the community hold the Chief of Police accountable for the operation of the Police Department.
217.6 MEETINGS
1) The Police Chief’s Advisory Committee will meet at a time and place as directed by the Chief of Police. This is to allow for flexibility and ease when meeting in the community as well as organizational needs.
2) Four (4) unexcused absences by a member of the Police Chief’s Advisory Committee during an one (1) calendar year will result in the removal of that member from the Committee. 217.7 COMMITTEE CHAIRPERSON
The Police Chief’s Advisory Committee shall elect a chairperson. This position will serve at the pleasure of the Chief of Police. In case of a vacancy, the Chief of Police will select a successor. The Chairperson will assist with the organization and logistics regarding the activities of the Committee. 217.8 COMPENSATION
Public members selected to the Police Chief’s Advisory Committee will serve without compensation from the City of Capitola.
217.9 CONFIDENTIALITY
1) Matters relating to personnel issues are governed by various law of the State of California and the City of Capitola as well as various labor contracts. Personnel matters are confidential. 81 Item 9 B.
2) No members of the Police Chief’s Advisory Committee may divulge any information regarding a personnel matter that has been deeded confidential by the Chief of Police. 3) Every new member of the Police Chief’s Advisory Committee, prior to any hearing any personnel matter, must sign an agreement, as prepared by the City Attorney, agreeing, and promising to maintain the confidentiality of any personnel matter.
4) Only the Chief of Police or City Manager (or City Manager representation), with the advice of the City Attorney, has the authority to determine what information related to any personnel matter may be public.
217.10 POLICY MODIFICATIONS
Nothing in the policy shall preclude the Chief of Police from modifying, or the Police Chief’s Advisory Committee from recommending modification, to any portion of this order. 82 Item 9 B.
Email to: [email protected]
Mail or Deliver Application to:
Capitola Police Department
Attn: Police Chief
421 Capitola Avenue, Capitola, CA 95010
COVER SHEET
CITY of CAPITOLA
POLICE CHIEF ADVISORY
COMMITTEE APPLICATION
The Capitola Police Chief’s Advisory Committee is meant to serve as a link to the community and the Police Department. It will serve as a mechanism for members of the public to learn about Police initiatives, understand Police policy, and provide input on Police operations.
Name:
Last First
Telephone:
Home Cell
E-mail Address:
Residential Address: ____________
Mailing Address:
Are you a resident of the City of Capitola? Yes No
What relevant experience or education can you bring to this Committee? Please identify areas of interest or concern relating to modern policing that you would be interested in discussing as a member of this Committee.
83 Item 9 B.
Email to: [email protected]
Mail or Deliver Application to:
Capitola Police Department
Attn: Police Chief
421 Capitola Avenue, Capitola, CA 95010
CITY of CAPITOLA
POLICE CHIEF ADVISORY
COMMITTEE APPLICATION
.
Do you belong to any local community organizations or associations? Meeting dates/times will be established by a majority of the Committee. Are there any days/times you are not available for meetings?
What additional comments do you have to assist in evaluating your qualifications for appointment to this Committee?
(Use additional paper, if necessary)
84 Item 9 B.
Email to: [email protected]
Mail or Deliver Application to:
Capitola Police Department
Attn: Police Chief
421 Capitola Avenue, Capitola, CA 95010
Are you at least 18 years of age? Yes No
Have you ever applied to work for the City of Capitola? Yes No If yes, in what capacity?
I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge. I understand that falsification, misrepresentation, or omission of facts called for by the application could result in immediate disqualification or dismissal from this program. Yes No I acknowledge that if appointed to this Committee, I may be required to attend or participate in training relevant to the Committee. Yes No
______________________ ____________________________________ Date Signature of Applicant
It is the policy of the City of Capitola that no qualified disabled person will be denied the opportunity to participate as a member of the Committee. Appropriate arrangements will be made to accommodate individuals as needed.
85 Item 9 B.
Correo electrónico a: [email protected]
Envíe o entregue la solicitud a:
Capitola Police Department
A la atención de: Chief of Police
421 Capitola Avenue, Capitola, CA 95010
PORTADA
CIUDAD de CAPÍTULO
SOLICITUD PARA EL COMITÉ DE CONSEJO
AL JEFE DE POLICÍA
El Comité Asesor del Jefe de Policía de Capitola está destinado a servir como un enlace con la comunidad y el Departamento de Policía. Servirá como una sistema para que los miembros del público aprendan sobre las iniciativas de la Policía, comprendan la política policial y proporcionen información sobre sus operaciones.
Nombre:
último primero
Teléfono:
Casa celular
Dirección de correo electrónico:
Dirección residencial : ____________
Dirección postal :
¿Es usted residente de la Ciudad de Capitola? Sí No
¿Qué experiencia o educación relevante puede aportar a este Comité? Por favor señalar temas de interés o preocupaciones relacionadas con la vigilancia policial que le gustaría tratar como miembro de este Comité.
86 Item 9 B.
Correo electrónico a: [email protected]
Envíe o entregue la solicitud a:
Capitola Police Department
A la atención de: Chief of Police
421 Capitola Avenue, Capitola, CA 95010
PORTADA
CIUDAD de CAPÍTULO
SOLICITUD PARA EL COMITÉ DE CONSEJO
AL JEFE DE POLICÍA
¿Pertenece a alguna organización o asociación comunitaria local? Las fechas y horarios de las reuniones serán establecidos por mayoría del Comité. ¿Hay algún día/horario que Ud. no esté disponible para las reuniones?
¿Qué comentarios adicionales tiene para ayudarnos a evaluar sus calificaciones para ser miembro nombrado de este Comité?
(Si es necesario, utilice más papel)
87 Item 9 B.
Correo electrónico a: [email protected]
Envíe o entregue la solicitud a:
Capitola Police Department
A la atención de: Chief of Police
421 Capitola Avenue, Capitola, CA 95010
Tiene al menos 18 años de edad? Sí No
¿Alguna vez ha solicitado trabajar para la Ciudad de Capitola? Sí No En caso afirmativo, ¿en qué oficio?
Certifico que las declaraciones que hice en esta solicitud son verdaderas, completas y correctas a mi leal saber y entender. Entiendo que la falsificación, tergiversación u omisión de los hechos solicitados en la solicitud podría resultar en la descalificación o el despido inmediato de este programa. Sí No Reconozco que si soy nombrado miembro de este Comité, es posible que deba asistir o participar en capacitaciones relevantes para el Comité. Sí No
______________________ ____________________________________ Fecha Firma del solicitante
Es política de la Ciudad de Capitola que a ninguna persona discapacitada calificada se le niegue la oportunidad de participar como miembro del Comité. Se harán los arreglos apropiados para acomodar a las personas según sea necesario.
88 Item 9 B.
Policy
219
Chico Police Department
Chico PD CA Policy Manual
Copyright Lexipol, LLC 2023/05/19, All Rights Reserved.
Published with permission by Chico Police Department
Police Community Advisory Board - 1
Police Community Advisory Board
219.1 PURPOSE AND SCOPE
This order explains the organization, duties, and function of the Police Community Advisory Board. 219.2 POLICY
The Police Community Advisory Board is designed to be a link between the community and its police department. It is a simple mechanism to facilitate and enhance communication between the police department and the community. The Police Community Advisory Board will allow, on a consistent basis, for a non-law enforcement or broader community view to influence local law enforcement services.
The Chico Police Department will utilize the Police Community Advisory Board for the purpose of reviewing and making recommendations to the Chief of Police on matters pertinent to the Police Department. Areas such as significant community issues, budget and program review, and community outreach assistance are all within the board's realm of responsibility. 219.3 APPOINTMENT OF BOARD MEMBERS
(a) The Police Community Advisory Board will be comprised of community members who are representative of the following:
1. The diverse cultural makeup of the community
2. Representation of community leaders and organizations that serve our multicultural community.
3. City Council Representative (Current Council Member):
(b) Selected representatives should be either residents within or employed at a location within the Chico area "sphere of influence."
(c) The intent of this composition is to form a diverse group of people of a manageable size who represent stakeholders in the community to evaluate and make recommendations to the Police Department through the Chief of Police.
(d) Ad Hoc committee members may be appointed by the Advisory Board as specific needs arise.
(e) Selected members will be subject to a background check by Police Department staff. (f) Selected members serve at the pleasure of the Chief of Police, and will be replaced at the request of the Chief of Police.
219.4 APPLICATION PROCESS
(a) When a vacancy exists on the Board, such vacancy will be announced by the Police Department and a replacement in the "sphere of influence" will be sought. 89 Item 9 B.
Chico Police Department
Chico PD CA Policy Manual
Police Community Advisory Board
Copyright Lexipol, LLC 2023/05/19, All Rights Reserved.
Published with permission by Chico Police Department
Police Community Advisory Board - 2
(b) Individuals interested in being selected to the Board shall complete and submit an application to the Police Department.
(c) Applications will be reviewed by the Chief of Police, interviews may be conducted, and appointments will be made as appropriate.
219.5 TERM OF BOARD MEMBERS
(a) The term for each board member shall be at the pleasure of the Chief of Police. (b) Should a member discontinue their affiliation with the organization they represent, their membership on the Police Community Advisory Board will automatically expire and a replacement representative with be selected by the Chief of Police. 219.6 DUTIES OF BOARD MEMBERS
(a) The Police Community Advisory Board will review significant community issues and make recommendations regarding potential resolutions to the Chief of Police. (b) The Police Community Advisory Board may assist with the budget process through review, program evaluation and priority recommendation. (c) Members of the Police Community Advisory Board may assist in community outreach efforts.
(d) The Police Community Advisory Board relies upon the authority of the Chief of Police, and performs an advisory role only. Recommendations made by the Board are not binding on the Chief of Police. The Chief of Police answers to the City Manager. In addition to the City Manager, the Chief of Police is held accountable by the City Council and the community in general for the operation of the Police Department. 219.7 ORGANIZATION
(a) The Police Community Advisory Board is a branch of the Office of the Chief of Police. (b) Staffing and clerical support for the Police Community Advisory Board will be assigned by the Chief of Police.
(c) The Police Community Advisory Board will create a Mission Statement and will update or evaluate this statement on a yearly basis.
(d) Meeting agendas and Meeting Minutes will be prepared and approved by the Board. (e) The Chief of Police will be responsible for completing the Police Community Advisory Board Annual Report after seeking input and recommendations by the Board. 90 Item 9 B.
Chico Police Department
Chico PD CA Policy Manual
Police Community Advisory Board
Copyright Lexipol, LLC 2023/05/19, All Rights Reserved.
Published with permission by Chico Police Department
Police Community Advisory Board - 3
219.8 MEETINGS
(a) The Police Community Advisory Board will meet at a time and place as directed by the Chief of Police. This is to allow flexibility and ease when meeting in the community as well as organizational needs.
(b) Meetings can be open to the public when it is appropriate for community engagement.
Discretion for public meetings will be at the discretion of the Chief of Police (c) Four (4) unexcused absences by a member of the Police Community Advisory Board during any one (1) calendar year will result in the removal of that member from the Board.
219.9 OFFICERS OF THE BOARD
(a) The Police Community Advisory Board shall elect a chairperson. This position will serve at the pleasure of the Chief of Police.
(b) In case of a vacancy, the Chief of Police will select a successor. 219.10 COMPENSATION OF BOARD MEMBERS
(a) Public members selected to the Police Community Advisory Board will serve without compensation from the City of Chico.
219.11 CONFIDENTIALITY
(a) Matters relating to personnel issues are governed by various laws of the State of California and the City of Chico as well as various labor contracts. Personnel matters are confidential. No member of the Police Community Advisory Board may divulge any information regarding a personnel matter that has been deemed confidential by the Chief of Police.
(b) Every new member of the Police Community Advisory Board, prior to hearing any personnel matter, must sign an agreement, as prepared by the City Attorney, agreeing and promising to maintain the confidentiality of any personnel matter. (c) Only the Chief of Police or City Manager (or City Manager's representative), with the advise of the City Attorney, has the authority to determine what information related to any personnel matter may be made public.
91 Item 9 B.
Chico Police Department
Chico PD CA Policy Manual
Police Community Advisory Board
Copyright Lexipol, LLC 2023/05/19, All Rights Reserved.
Published with permission by Chico Police Department
Police Community Advisory Board - 4
219.12 POLICY MODIFICATIONS
(a) Nothing in this policy shall preclude the Chief of Police from modifying, or the Police Community Advisory Board from recommending modification, to any portion of this order.
92 Item 9 B.
Santa Cruz Chief’s Advisory Committee
Qualifications and Selection Criteria
Applications are being accepted to serve on the Santa Cruz Chief’s Advisory Committee. This new advisory committee will work to improve police services to Santa Cruz and build a stronger and more vibrant working relationship between the police and all willing segments of the community. Improvement could include recommendations of policy, training and programs.
Members of this Advisory Committee should consist of a diverse group of individuals from a variety of disciplines and organizations to include social services, mental health, minority, business, labor, community and civic groups. Their goal is to provide guidance and direction to the Chief of Police as the Department moves forward.
Qualifications
1. Have knowledge of public safety and community policing practices.
2. Read, write and speak English to support the reading and analysis of reports.
3. Ability to work collaboratively with people of diverse perspectives and experience.
4. Desirous of improving police service to the Santa Cruz community.
5. Persons serving on the committee must be at least 18 years of age and a resident of, property owner in or own a business within the City of Santa Cruz.
6. Cannot have a felony conviction.
7. Person is objective and open to learning about policing.
8. Represent a segment of the Santa Cruz community.
9. Married couples and domestic partners cannot serve at the same time.
10.Current or former members of SCPD are not eligible to serve.
Application Process
Applicants must submit their application to the Chief of Police at Santa Cruz Police Department, 155 Center Street, Santa Cruz, CA 95060. Contact Administrative Assistant, Kimberlee Steele at 831-420-5813, or [email protected].
Members are subject to a criminal background check.
93 Item 9 B.
City of Santa Cruz
Chief’s Advisory Committee Application Form
(Please print and complete)
Name:
Mailing address:
Email address:
Occupation:
Phone Number Home:
Cellular Phone:
Tasks:
1. Please attach a bio, Curriculum Vitae or resume.
2. Please list two references that are knowledgeable about your skills and perspectives related to serving on the Chief’s Advisory Committee.
Name:____________________________ Phone:______________________ Email:____________________________
Name:____________________________
Phone:______________________ Email:____________________________ On a separate piece of paper, submit your responses to the questions listed below.
Please keep your responses to no more than 3-4 paragraphs each.
1. Please list your skills and knowledge that would be relevant to this advisory committee.
2. CAC members are charged with developing public safety recommendations – this may challenge your personal perspective - describe how you would handle such challenges if they were to arise.
3. Describe how your presence on this committee would represent a substantial segment of the community.
4. Describe how you have shown the ability to think and discuss public safety topics objectively.
94 Item 9 B.
Return this form and attached documents to: Chief of Police, Santa Cruz Police Department, 155 Center Street, Santa Cruz, CA 95060
Santa Cruz Chief’s Advisory Committee
Purpose and Objectives
I. Purpose
The purpose of the Chief’s Advisory Committee (CAC) is to give oversight, counsel, support and guidance to the Chief of Police for the purpose of improving transparency and fostering stronger relationships with the community the Santa Cruz Police Department serves. Specifically the CAC will examine the police budget, policy and procedures, and personnel complaints. The CAC as directed by the Chief of Police will also review all officer-involved shootings, all in-custody deaths and all police actions that result in the death of a person.
II. Policy Recommendation
It is the objective of the CAC to advocate for policies which promote fair and humane policing and also ensure the safety of citizens and police officers. Subsequent to the review and examination process, the CAC may recommend improvements in budget, policy, procedures and training of police personnel to the Chief of Police.
III. Committee Size
The committee will consist of fifteen (15) persons
One chairperson, two Deputy Chief’s and fifteen at large members. Members will be limited to a two year term by appointment of the Mayor, City Manager and Chief of Police.
IV. Terms of Service
Members will serve a two year term, which will be renewed only by approval of the Chief of Police, City Manager and Mayor. There is no monetary compensation made to members for their service. Members are expected to commit at least 4 hours per month to this committee.
Members are expected to attend each meeting and leave is permitted in the following circumstances:
A. An unforeseen event
B. Illness or death
C. Out of town travel
D. Religious observance
V. Committees
95 Item 9 B.
The CAC will have three standing committees: Budget, Policy and Personnel. Each CAC member will serve on a committee and make presentations to the greater board, the public or City Council as needed.
VI. Outreach
The CAC is responsible for reaching out to educate communities they represent and bring issues, grievances and complaints to the Chief and greater CAC. Only the Chair will make public comments in issues that require public comment.
VII. Ethical Conduct
Members of CAC are to promote public trust, integrity and transparency and are expected to the National Association for Civilian Oversight of Law Enforcement (NACOLE) code of ethics. Personal integrity includes a commitment to independent and thorough oversight, transparency and confidentiality, respectful and unbiased treatment, outreach and relationship with stakeholders, agency selfexamination and commitment to policy review. Actual or perceived conflicts of interest during case review shall be acknowledged and the party with interest shall recuse themselves from review and or comment.
VIII. Resignation and Removal
A person resigning shall send a letter to the Chair of the CAC board. The letter can be made public unless a request to keep it confidential is made to the Chair.
The Chair or the Chief of Police in consultation with the City Manager and Mayor may remove a person from the CAC for cause including but not limited to : Misuse of position or police documents; violations of state laws concerning confidentiality; conviction of any felony crime or a crime of moral turpitude while serving as a CAC member; misconduct that impedes the members ability to serve as a CAC member; unacceptable attendance record at CAC meetings; a violation of the NACOLE code of ethics; or an undisclosed conflict of interest.
IX. Meetings
Meeting shall be held once a month to carry out the objectives and purpose of the CAC. They shall be held at a scheduled time or called by the CAC Chair.
A. Closed Meetings- Meetings shall be held monthly pursuant to government code 54957 to provide a confidential environment in which to review citizen complaints brought against SCPD officers and personnel in accordance with 832.7 PC or to discuss personnel or other matters that are specifically exempt from public disclosure by law. Attendance is limited to CAC members and staff as necessary as designated by the Chief of Police and or City Attorney.
96 Item 9 B.
B. Open Meetings- Meetings held monthly shall have a portion of that meeting open to the public should they desire to attend. It provides a forum to communicate to the public and to educate the community on the processes of the police department.
C. Special Meetings – Meetings can be called by the Chair as needed and may be open or closed depending on the nature of the discussion.
X. Voting
The purpose of the CAC is to provide the Chief of Police with advice, counsel and broad community input. Suggestions will be moved forward based on CAC consensus. If consensus cannot be established, a majority vote can be moved to the Chief for consideration.
97 Item 9 B.
CHIEF’S ADVISORY BOARD
PURPOSE AND MISSION
The Chief's Advisory Board model is being used by many police organizations across the state and has proved to be a successful tool to help the police chief understand the concerns of the community.
The Chief's Advisory Board (CAB) is established under the direction of the Chief of Police. The Board is intended to provide a forum for discussions concerning community concerns, and the goal is to have a broad spectrum of community viewpoints represented. Members of the Board should be community members including, but not limited to, seniors, educators, faith-based, LGBTQ+, non-profits, and business owners. The Board will also have the opportunity to be aware and understand how the Watsonville Police Department polices problems in our community, participate in police "ride-alongs," learn how and what training is provided to officers, and how we hire police department staff.
The Watsonville Police Department is committed to the ideology of community policing. To that end, the mission of the Chief's Advisory Board is to act as a resource for the Chief of Police in the formation of strategies, development of policing concepts, and increasing public awareness regarding policy issues. The Board acts solely in an advisory capacity and will be driven by the creativity and vision of its members; it is intended to be an expression of the Watsonville community's viewpoints. To carry out its purpose, the Board will address overcoming problems associated with police-community relations, the improvement of the Watsonville Police Department's operations, and public safety issues to further enhance the quality of life in our community.
The group will act as a sounding board for the Chief of Police regarding community needs and concerns, keep the Chief apprised of the community's need for police services, and assist in educating the community at large about the function and role of the Watsonville Police Department. Commitment to the Board does not mean that the group will have the power or authority to investigate, review or otherwise participate in matters involving specific police personnel or specific police-related incidents. It will not receive or review complaints initiated against personnel of the Watsonville Police Department nor play any role in civil or criminal litigation.
The Board will also focus on contemporary challenges, which include the following examples:
• Use of Force • Mental Health Response • Criminal Activity and Trends • Transparency • Homelessness
• Technology • Community Outreach and Engagement • Crime Prevention • Neighborhood Programs.
Download application HERE
SCOPE AND ROLE
The following guidelines and expectations shall govern the scope and role of the Chief's Advisory Board:
98 Item 9 B.
a. It is desired that CAB members participate in open discussions with each other and the WPD staff regarding local community concerns and priorities on public safety issues. b. CAB members are expected to treat each other with dignity and respect. c. CAB will collectively represent the voice of the community. As such, it is expected that CAB members participate in the Panel in furtherance of the greater good for the Watsonville community and refrain from promoting personal agendas or motives.
CONDUCT OF MEETINGS
a. Regular meetings shall be held every other month and shall be set by the Chief of Police in collaboration with CAB members. The Chief of Police may schedule additional meetings as determined necessary.
b. Unless otherwise noted, regular meetings will be held at the Watsonville Police Department.
Meetings may also be held at other locations within the community if determined feasible and appropriate at the discretion of the Chief and the CAB. c. Regular attendance at the CAB meetings is mandatory. CAB members must have no more than three (3) absences in twelve months. Failure to maintain regular attendance may result in removal from the CAB.
d. Police Department staff will be responsible for providing adequate staff support for board meetings, including setting an appropriate agenda and providing necessary supporting materials for each meeting as approved by the Chief of Police. e. CAB discussions should be focused, timely, and within the parameters of the meeting agenda to ensure board meetings remain efficient and effective. The purpose of the agenda is to provide structure and focus for panel discussions.
COMPOSITION OF THE CHIEF'S ADVISORY BOARD
a. The total number of members of the Board shall be 8 persons. However, the Chief of Police shall have the discretion to hold Board meetings with fewer members. b. Members shall not receive compensation for their service on the Board, and participation is voluntary.
c. It is desired that Members be representative of a diverse community within the City of Watsonville.
CHIEF'S ADVISORY BOARD MEMBER TERMS
At the discretion of the Chief of Police, and in consultation with the CAB members, a member may be removed/excused from participation for the remainder of their term for the following reasons: excessive absences at Board meetings; repeated instances of substantial disruption that impedes the proceedings of CAB meetings; or continued refusal to participate or contribute at meetings. Upon any such vacancy, the Chief may, but is not required to, appoint a new Board member to serve out the remainder of the term. 99 Item 9 B.
CHIEF'S ADVISORY BOARD MEMBER SELECTION PROCESS
a. To be eligible for consideration, applicants must satisfy the following minimum requirements:
1. Minimum of 18 years of age;
2. A current resident or business owner in the City of Watsonville;
3. Submit a completed application to the Watsonville Police Department. b. In addition to the above eligibility requirements, ideal candidates will have demonstrated enthusiasm and commitment to the Watsonville community. Applicants are encouraged to explain their interest in serving on the Board and any possible relevant community memberships or qualifications on their application to ensure the Chief appoints the broadest possible group of diverse and committed community members to serve on the CAB. c. Applications shall be accessible online or upon request at the front counter of the Watsonville Police Department. Completed applications can be hand-delivered, emailed to [email protected], or mailed to the attention of the Chief of Police at the Watsonville Police Department located at 215 Union Street, Watsonville, CA 95076. 100
Item 9 B.
CAPITOLA POLICE CHIEF’S ADVISORY
COMMITTEE (CAC) REPORT FOR CITY COUNCIL
Andrew Dally, Chief of Police
101
Item 9 B.
CRIMINAL JUSTICE COUNCIL – SANTA CRUZ
2020 – Following the death of George Floyd, many communities began discussions regarding police policies and procedures.
2021 – Criminal Justice Council of Santa Cruz County (Chief McManus and Councilmember Brown) “Santa Cruz County Regional Public Safety Agency Policy Review” Widespread Policy Alignment in Santa Cruz County and all agencies have:
1. Banned choke holds
2. Prohibited no knock warrants
3. Require a duty to intervene
4. Banned shooting at or from a vehicle
5. Require de-escalation
6. Require less lethal options prior to deadly force when reasonable
7. Require a warning before deadly force is deployed when reasonable
8. Require implicit bias training
9. Release body-worn camera footage of officer-involved shootings 102
Item 9 B.
2021 – CPD BEGAN RESEARCHING CHIEF ADVISORY BOARDS
Following the CJC Review, under Chief McManus
Began researching Chief Advisory
Boards/Commission for Capitola
2021 Sergeant’s Promotion – Research paper on
CACs
Reviewed multiple agencies policies ranging from
small, medium, and large agencies
Reviewed Chico Police, Santa Cruz Police, and
Watsonville Police polices and procedures
Interviewed Chief Mike Madden, Chief Bernie
Escalante, and Chief Jorge Zamora
Developed CPD Policy #217
103
Item 9 B.
CHIEF’S ADVISORY COMMITTEE VS. OVERSIGHT BOARD
CHIEF ADVISORY COMMITTEE
Community Advisory Boards/Committees
are groups of community representatives
who meet with a policing agency to
discuss public safety and is intended to
focus on building community partnerships,
discuss police policy, and work proactively
to address potential problems.
POLICE OVERSIGHT BOARDS
Police Oversight Boards are implemented
to help oversee sheriff and police
departments. Oversight boards are a
mechanism for the board to investigate
allegations of misconduct, recommend
discipline, and to advise the department
on policy review and accountability.
104
Item 9 B.
GOALS AND OBJECTIVES OF CAC
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Department’s Mission to collaborate with the community to make Capitola a better and safer place for ALL its residents, business community, and visitors. Capitola PD highly values our partnerships with the community and recognizes having public engagement contributes to a successful law enforcement agency. CAC members will advise Chief on community issues and public policies which influence or impact ongoing relationships between CPD and the community.
CAC members will not have the power or authority to investigate, review, or otherwise participate in matters involving specific personnel or play a role in criminal or civil litigation 105
Item 9 B.
TOPICS FOR CAC
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Potential topics for the Capitola Police Chief’s Advisory Committee Unmanned Aircraft System (UAS) Policy
Automated License Plate readers (FLOCK camera system and policy) Oversized vehicle parking review
CPD website development
Review of mental health services and issues in Santa Cruz County 106
Item 9 B.
COMMITTEE SELETION AND COMPOSITION (POLICY 217.3)
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Goals for CAC Membership
Seeking a diverse representation of Capitola residents and business owners We want to encourage a cross-section of active community members with a range of interests and experiences
(educational leaders, non-profit organizations, public relations, faith communities, and youth organizations)
Dedicated representatives of the community that are not influenced by personal agendas Minimum of 4 and not more than 8 members for a 2-year term and quarterly meetings Persons that are committed to the mission of the CAC and have the technical ability to understand policy and procedures
The membership is voluntary and will serve without compensation Staff developed policy, qualifications, application, and working agreement 107
Item 9 B.
1 ST RECRUITMENT
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Recruitment began in July – September (Goal of starting in October 2023) Posted on Facebook, Instagram, Nextdoor
City Website – overview of program and Q&A section with application Article in Capitola Waves publications for July, August, and September
RESULTS
12 inquires and received 8 applications with follow up interviews to highlight the role, mission, and expectations of the newly formed committee. All 8 applications were accepted and approved to move forward to serve on the first committee
108
Item 9 B.
APPOINTMENT / REFLECTION / MORE RECRUITMENT
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
October 6 – Staff announced the recruitment and selection of the 8 community members.
Staff reflected on the composition and felt more outreach was needed. CPD Policy 217.4
Allows for the chief to re-open the application process at any time to increase the diversity of the committee members.
Current CAC applications will be kept and processed with new applications Next Steps….. More Recruitment…More Outreach!
109
Item 9 B.
MOVING FORWARD – RECRUITMENT
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Reopen recruitment for another 2 months concentrating on Capitola’s diverse community members
Broaden the scope of applicants to allow for Capitola’s “sphere of influence” to apply (Aptos, Capitola, Soquel, Live Oak)
Translate application into Spanish. Repost application on City website and on all social media platforms
Recruit by publishing information in local newspapers Post at City buildings and kiosks, Capitola Community Center, Capitola and Live Oak Libraries, mobile home parks, and service industry locations. 110
Item 9 B.
COMMUNITY GROUPS
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Additionally, Staff will communicate directly with:
Santa Cruz County Diversity Center
Bay Avenue Senior Center
Service/Construction Union Groups
Latinx Community Groups
NAACP
Cabrillo College
Faith-based Organizations
Family Resource Groups (United Way, First Five)
Mental Health Groups (NAMI, Alcoholics Anonymous, Narcotics Anonymous) 111
Item 9 B.
FISCAL IMPACT
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
Staff estimates outreach efforts will cost approximately $3,000. Staff intends on returning with the appointments, an annual working plan, and the costs associated with recruitment efforts.
112
Item 9 B.
RECOMMENDATIONS AND QUESTIONS
CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE
1. Receive report about the formation of the Capitola Police Chief’s Advisory Committee;
2. Advise on new recruitment efforts, application and
selection process.
3. Staff intends to extend recruitment efforts for two months and will conduct interviews and return to Council with
appointments and any fiscal impacts.
113
Item 9 B.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: Finance Department
Subject: FY 2023-24 City Fee Schedule
Recommended Action: Adopt a resolution amending the fee schedule for Fiscal Year (FY) 2023-
24. Background: On April 28, 2022, the City Council approved the formation of the Temporary Village Parking Committee (TVPC) and made appointments to the committee. The appointments consisted of three City residents, three Village business representatives, one member of the Finance Advisory Committee, and two members of the City Council.
The TVPC met seven times from May 2022 through Feb. 2023 to review and discuss parking meter rates, parking permits, parking signage, and renaming the Upper and Lower Beach & Village Parking lots. The TVPC is making the following recommendations for City Council consideration.
The TVPC made the following recommendation regarding parking permits:
o Add Holidays as a parking permit requirement on Fanmar/Terrace and the 300 block of San Jose Avenue (currently only restricted on weekends) o Transferable permits – Hotels/Motels – increase from $50 per year to $365 per year, maximum of 10 permits allowable.
o Surf & Coffee Permits – increase from $50 per year to $55 per year and increase the number of permits from 75 to 100.
Discussion: In March 2023, the City Council received recommendations from the Temporary Village Parking Committee to increase parking meter and parking permit rates. On June 22, 2023, the City Council adopted Ordinance No. 1061 to implement the Committee’s recommendations for parking meter rates. Following City Council adoption, the ordinance was certified by the California Coastal Commission. Changes to parking meter rates will take effect January 1, 2024.
The City’s current FY 2023-24 Fee Schedule was adopted on June 22, 2023. Now that Ordinance No. 1061 has been certified by the California Coastal Commission, staff recommends amending the FY 2023-24 Fee Schedule to implement the Temporary Village Parking Committee’s recommendations for parking permit fees. Changes to parking permit rates will take effect upon adoption of the proposed resolution, in anticipation of the sale of 2024 permits.
Fiscal Impact: If approved, annual parking permit revenue is estimated to increase $3,500 to $4,000.
Attachments:
1. FY 2023-24 Amended Fee Schedule
2. FY 2023-24 Amended Fee Schedule Comparison
Report Prepared By: Jim Malberg, Finance Director
114
Item 9 C.
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
115
Item 9 C.
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE CITY’S FEE SCHEDULE FOR
FISCAL YEAR 2023-24
WHEREAS, the City Council adopted Resolution No. 4327 on June 22, 2023, adopting the City’s Fee Schedule for Fiscal Year 2023-24, including an increase to parking meter rates; and
WHEREAS, since that adoption the City has received final certification from the California Coastal Commission to increase parking meter rates; and WHEREAS, staff is proposing to amend the FY 2023-24 Fee Schedule as follows:
Village Preferential Permit – Hotels/Motels - $365 per year o Increased from $50 per year.
Morning Village Parking Permit - $55 per year
o Increased from $50 per year.
WHEREAS, the proposed fees do not exceed the cost of providing the related services, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Capitola does hereby amend the City of Capitola Fee Schedule as shown in Exhibit A (Fee Schedule 2023-24) attached hereto.
BE IT FURTHER RESOLVED that the above fees become effective immediately upon adoption of this resolution.
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 26 th of October 2023,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Margaux Keiser, Mayor
ATTEST:
______________________________
Julia Gautho, City Clerk
116
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Administrative Decision Appeal Fee $593
Bingo Permit $71
Capitola Municipal Code 0.15 / page
Capitola Municipal Code Supplement Service (Per year) $0 Copies:
1-5 copies $0
6 or more copies (per copy) $0.25 / page
Gov’t Code § 81008 (Political Reform Act) statements/reports (Per copy) $0.10 / page
Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour Simple film permit $54
Major film permit $272
Entertainment Permit Application Fee $44
Single Event Permit $44
Minor Entertainment Permit $184
Regular Entertainment Permit $689
Pet Shops and Kennel License Fee (Municipal Code §
5.20.020) set only by ordinance $20
Returned Check Fee $44
Business License Overpayment Refund Fee (resolution 3532, ord 871) $0 (Set to -0- by Council in 2011)
Business License Late Payment Penalty Admin. Fee $35 + 10% each month late Business License Application Fee (Reso. 3532) $25
Business License - Disability Access and Education Fee
(State) $4
Temporary, Publicly Attended Activities, Application Fee (Municipal Code § 9.36.040) $34
Public Art (Total Building Valuation $250,000 or more)
(Municipal Code Chapter 2.58) 2% of TBV or 1% in lieu to City Notice of Intent to Circulate Initiative Petition (Elections Code § 9103(b)) $200.00
Bandstand Rental Fee $246 / 4 hrs or $492 all day / deposit $1,500 Outdoor Dining Rental Fees
Parking Spaces $3,400 annually for each space or partial space Sidewalks and non-parking spaces $18.00 per square foot annually Outdoor Dining Maintenance Deposit
Sidwalks and non-parking spaces $500
1-2 parking spaces $1,000
3-5 parking spaces $1,500
Notary Service Fees (State Code)
Acknowledgment or proof of a deed, or other instrument, to include the seal and writing of the certificate
$15 / signature
Administering an oath or affirmation to one person and
executing the jurat, including the seal $15 / signature Credit Card Transaction Fee 3%
Electric Vehicle Charging Fee $0.50 / hour
Cannabis Annual License Fee $2,827
Retail Cannabis Application Fee $1,843
MISCELLANEOUS FEES
117
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Special Event Permit $68
Amplified Sound Permit (Municipal Code 9.12.040) $32
DUI Cost Recovery Fee (Res. 3533) Not to exceed $12,000 Copies of reports: Crime Reports, Special Reports, etc. (Regardless of number of pages) $0.25 / page Copies of: Citations, Code sections, Ordinances, etc. $0.25 / page Bicycle Licenses (New) $0
Bicycle Licenses (Renewal) $0
Citation Sign-Offs $0
Photographs $20 + administration fees
VIN verifications $18
Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour
Firearm Dealer License - City Application $100
Local Firearm dealers (set by state)
New application set by state
Renewal set by state
Second Dealers License (set by state)
Application set by state
Renewal set by state
Taxi Fee per application set by state
Tobacco retail license $289
Civil Subpoena (per case) (set by state) set by state
Parking Permits (separate action by the Council)
Neighborhoods per year (Resolution No. 3733) $25
Village Preferential Permit (Resolution No. 3733) $50 per year Village Preferential Permit - Hotels/Motels (Resolution No. 3733) $365 per year Village Employer/Employee Permit (Resolution No. 3733) $50 per year Morning Village Parking Permit (Resolution No. 3715) $55 per year Carrying a Concealed Weapon (CCW) Permit - City Application $115 Concealed Weapon Permits (set by state)
Application
Standard set by state
Judicial set by state
Employment set by state
Renewal
Standard set by state
Judicial set by state
Employment set by state
Firearm Surrender Fees (set by state law)
1-5 guns set by state
6+guns set by state
Vehicle Storage per day $30
Administrative fee to release Impounded / Stored Vehicle $145 Surf School Permit Fee $594
POLICE DEPARTMENT FEES
118
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Encroachment Permits
Revocable Encroachment Permit - Outdoor Dining $230
Non-Construction Items (includes materials storage within right-of-way road and sidewalk closures $75
Village Sidewalk Encroachment Permit $44
Village Parking Space Encroachment Permit (annually) $3,400 Construction Items
Level A $227
Level B $503
Level C $1,004
Level D $1,633
Level E $2,263
Residential Blue Curb Application Fee $237
Residential Blue Curb Annual Fee $60
Blanket Permits (repair and maintenance of existing facilities) $2,513 Private Improvement Permits/Encroachment Agreement
Applications for Minor Permits $251
Applications for Major Permits $629
New Memorial Bench $1,137
Replacement Memorial Bench $554
Memorial Plaque $854
Replacement Plaque $277
Memorial Plaque (tree) $545 + Cost of Tree
Memorial Picnic Table $1,822
Seasonal Boat Storage Permits
Seasonal Permit $400 per month
Short Term Permit $15 per day
Stormwater Development Review Fee
Stormwater Plan Review Fee $124
Large Project Plan Review Deposit
Tier 2 $3,771
Tier 3 & 4 $5,028
Research Fee - 1/2 hour minimum charge Cost
Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee Final Map Cost; $3,000 min. deposit
PUBLIC WORKS DEPARTMENT FEES
119
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Administration/Documents
Continuance Request - Applicant (2+) $185
Staff Billing Rate Cost
Appeals-by Applicant Cost
Appeals- by City Officials $0
Appeals- by Other $594
Coastal Development Permit Appeal $0
Appeals -Building/Zoning Code Violations $594
Records Search/Research/Special Report Cost
Administrative Permits
Tree Remova l- Staff Review $150
Tree Removal -- 3 or more trees on a property $323
Tree Installation Deposit (Refundable) $500 Deposit
Tree replacement in-lieu fee (if available) $600 per tree Tree removal w/ PC approval $1,000 deposit
Commercial Sidewalk/Parking Lot Sale Permit $89
Tenant Use Permit (MCUP)--Staff approval $90
Transient Rental Occupancy Use Permit $629
Home Occupation Use Permit $189
Fence Permit- Staff approval $50
Fence Permit- PC approval $943
Sidewalk vendor permit $138
Sidewalk vendor annual refuse fee $555
Temporary Sidewalk Dining $90
Temporary Use Administrative Permit $90
Sign Permits
Temporary Signs and Banner Permits $45
Signs permit - Staff Review $151
Signs permit - PC Review $629
Master Sign Program Cost; $3,000 min deposit
Village Sidewalk Sign Permit $77
Design Permits
Residential Single Family/Minor Design Permit - Staff Review $919 Residential Single Family - PC Review $3,143
Residential Multi-Family - PC Review $4,398
Commercial - PC Review $4,000 Deposit
Secondary Dwelling Unit- Staff Review $629
Secondary Dwelling Unit- PC Review $1,887
Residential Multi-Family/Minor Design Permit - Staff Review $2,000 deposit Commercial Minor Design Permit $2,000 deposit
Historic In-Kind Replacement Design Permit $500 deposit Outdoor Dining - Custom Deck $1,000 deposit
Use Permits
Master Conditional Use Permit Cost; $3,500 min. deposit Conditional Use Permit/Minor Use Permit - Staff Review $1,854 Conditional Use Permit - PC approval Cost; $3,000 min. deposit Temporary Use Permit $94
Subdivisions
Certificate of Compliance & Lot Merger $629
Boundary Line Adjustment $1,004
Tentative Parcel Map Cost; $2,000 min. deposit
Tentative Map Cost; $5,000 min. deposit
Revised Map $2,000 Deposit
Time Extension $2,000 Deposit
Subdivision Modification $2,000 Deposit
PLANNING FEES
120
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Plan Amendments
General Plan Amendment Cost; $5,000 min. deposit
Local Coastal Plan Amendment Cost; $5,000 min. deposit
Rezone Cost; $5,000 min. deposit
Planned Development Rezone Cost; $3,500 min. deposit
Other Discretionary Permits
Variance $1,887
PC review of minor modifications $1,696
Coastal Development Permit $943
Coastal Permit Exclusion $106
Mobile home Park Change of Use or Closure $5,000 Deposit Development Agreement $10,000 min. deposit
Developer agreement annual review $2,500 deposit
Specific Plan Cost; $5,000 min. deposit
Permit Time Extension -Staff Review $629
Permit Time Extension - PC Review $1,887
Permit Amendment (any permit) 50% of original cost
Annexation Costs+ overhead / $3,000 min. deposit
Minor Modification $1,887
Environmental Review
Negative Declaration (and Mitigated ND) Cost; $2,000 min deposit EIR Processing Cost; + 21% of consultant; $10,000 min deposit Mitigation/Condition Monitoring Program Cost + 21%
NEPA Compliance Cost + 21%
Other Permits/Fees
Conceptual Review Fee- PC $1,887
Conceptual Review Fee- PC and CC $2,828
Technical Study Preparation and Review Cost + 21%
NOTE: Third party review costs to be required as necessary Cost + 21% Code Compliance Double Application Fees
Code Compliance confiscated property recovery fee $298
Research Fee - 1/2 hour minimum charge Cost
Pre-Application Review $264
Building Plan Check & Final Inspection 20% of Building Permit Fee Major Development Project Fee Cost; $5,000 min. deposit Historical significance determination $4,250 deposit
Inclusionary Housing
Inclusionary Housing - Unit Sale $629
Inclusionary Housing - Unit Refinance $252
Single Family Residence $2.50 per square foot
Other Fees and Assessments
General Plan Maintenance Fee Total Building Valuation X 0.5% Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee Green Building Educational Resource Fund Fee (Municipal Code 17.10.080) Fee equals .0025 times the overall building permit valuation of the project.
Affordable Housing In-Lieu Fees
For Sale Housing Developments of two to six units (Municipal Code Chapter 18.02) :
All Units $25 per sq. ft.
For Sale Housing Developments of Seven or more units
#Units #Units Built
7 1 $0
8-13 1 Total # units minus 7 @ $25 per avg. sq. ft. per unit 14 2 $0
15-20 2 Total # units minus 14 @ $25 per avg. sq. ft. per unit 21 3 $0
22-27 3 Total # units minus 21 @ $25 per avg. sq. ft. per unit 28 4 $0
Rental Multi-Family $6 per sq. ft.
121
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Affordable Housing Impact Fees
For Sale Housing Developments of Six or Less Units $25 per square foot Rental Multi-Family $6 per square foot
Additional to Housing Units of 50% or more (charged to additional square footage only) $2.50 per square foot NOTES:
1. All Fees are non‐refundable.
2. Deposit accounts are billed on a time and material basis. Additional deposits may be necessary depending on the complexity of the project. Any
unused monies in a deposit account will be refunded following case closure.
3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.
4. Applications which include a fee and a deposit payment will be processed with a single deposit account.
5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.
6. The Community Development Director may establish a reasonable fee or deposit amount for permit NOTES:
1. All Fees are non‐refundable.
2. Deposit accounts are billed on a time and material basis. Additional deposits may be necessary depending on the complexity of the project. Any
unused monies in a deposit account will be refunded following case closure.
3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.
4. Applications which include a fee and a deposit payment will be processed with a single deposit account.
5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.
6. The Community Development Director may establish a reasonable fee or deposit amount for permit 122
Item 9 C.
Description 2023/2024 Amended Fee Schedule
The cost of a “combination building permit” shall be 1.5 times the amounts shown in Table 1-A. A “combination building permit” is defined as a permit for a scope of construction work regulated by two or more of the model codes. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.
The cost of a “building permit”shall be the amounts shown in Table 1-A.
A “building permit” is defined as a permit for a scope of construction work regulated solely by a single model code. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.
TABLE 1-A
Total Valuation FEES
$1.00 to $500.00 $29.55
$501.00 to $2,000.00 $29.55 for the first $500.00 plus $3.83 for each additional $100.00 or fraction thereof.
$2,001.00 to $25,000.00 $87.00 for the first $2,000.00 plus $17.59 for each additional $1000.00 or fraction thereof.
$25,001.00 to $50,000.00 $491.57 for the first $25,000.00 plus $12.69 for each additional $1,000.00 or fraction thereof.
$50,001.00 to $100,000.00 $808.82 for the first $50,000.00 plus $8.81 for each additional $1,000.00 or fraction thereof.
$100,001.00 to $500,000.00 $1,249.32 for the first $100,000.00 plus $7.05 for each additional $1,000.00 or fraction thereof.
$500,001.00 to $1,000,000.00 $4,069.32 for the first $500,000.00 plus $5.97 for each additional $1,000.00 or fraction thereof.
$1,000,001.00 and up $7,054.32 for the first $1,000,000.00 plus $3.23 for each additional $1,000.00 or fraction thereof.
Building Plan Check Fee 65% of Building Permit Fee
Reinspection Fee $0
Resubmitted Plan Check Fee $122.30 / hr.
Building Permit Extension Fee $0
Building Permit Reinstatement Fee 50% of the original, singular building permit fee or combo building permit fee, whichever is
applicable to the permit being reinstated
Stop Work Order Fee 2x the singular building permit fee Greywater System Permit $0
BUILDING FEES
123
Item 9 C.
Description 2023/2024 Amended Fee Schedule
Electric Vehicle Charging Permits (* Note: These fees were added to the fee schedule for FY2011-12, but will be waived per the Green Energy Increntive Program)
a. Level I (120 volts) $0
b. Level II (208-240 volts) $0
c. Level III (480 volts) $0
Solar P.V. System $0
Solar P.V. System (Commercial Sale/Distribution) $0
Solar Hot Water Heater $0
Research Fee - 1/2 hour minimum charge Cost
Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee Temporary Trailer/Mobile Home Occupancy Permit $0
Structural Review of Engineered Plans cost + 21%
Outside Consultant Plan Review cost + 21%
Grading Plan Review Fees
50 cubic yard or less $ -
51 to 100 cubic yard $ -
101 to 1,000 cubic yards $ -
1,001 to 10,000 cubic yards $ -
10,001 to 100,000 cubic yards $60.36 for first 10,000 plus $30.81 for each additional 10,000 cubic yards
100,001 to 200,000 cubic yards $337.69 for first 100,000 plus $16.65 for each additional 10,000 cubic yards
200,001 cubic yards or more $487.57 for first 200,000 plus $9.12 for each additional 10,000 cubic yards
Grading Permit Fees
50 cubic yard or less $ -
51 to 100 cubic yard $ -
101 to 1,000 cubic yards $46.51 for first 100 plus $22.01 for each additional 100 cubic yards
1,001 to 10,000 cubic yards $244.60 for first 1,000 plus $18.23 for each additional 1,000 cubic yards
10,001 to 100,000 cubic yards $408.67 for first 10,000 plus $82.97 for each additional 10,000 cubic yards
100,001 to 200,000 cubic yards $1,155.40 for first 100,000 plus $45.88 for each additional 10,000 cubic yards
124
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Administrative Decision Appeal Fee $593 $593
Bingo Permit $71 $71
Capitola Municipal Code 0.15 / page 0.15 / page
Capitola Municipal Code Supplement Service (Per
year) $0 $0
Copies:
1-5 copies $0 $0
6 or more copies (per copy) $0.25 / page $0.25 / page
Gov’t Code § 81008 (Political Reform Act)
statements/reports (Per copy) $0.10 / page $0.10 / page Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour Cost + $57.21 1st Hour (Minimum) + $28.60 / hour Simple film permit $54 $54
Major film permit $272 $272
Entertainment Permit Application Fee $44 $44
Single Event Permit $44 $44
Minor Entertainment Permit $184 $184
Regular Entertainment Permit $689 $689
Pet Shops and Kennel License Fee (Municipal Code
§ 5.20.020) set only by ordinance $20 $20
Returned Check Fee $44 $44
Business License Overpayment Refund Fee
(resolution 3532, ord 871) $0 (Set to -0- by Council in 2011) $0 (Set to -0- by Council in 2011) Business License Late Payment Penalty Admin. Fee
$35 + 10% each month late $35 + 10% each month late
Business License Application Fee (Reso. 3532) $25 $25
Business License - Disability Access and Education
Fee (State) $4 $4
Temporary, Publicly Attended Activities,
Application Fee (Municipal Code § 9.36.040) $34 $34
Public Art (Total Building Valuation $250,000 or
more) (Municipal Code Chapter 2.58) 2% of TBV or 1% in lieu to City 2% of TBV or 1% in lieu to City Notice of Intent to Circulate Initiative Petition
(Elections Code § 9103(b)) $200.00 $200.00
Bandstand Rental Fee $246 / 4 hrs or $738 all day / deposit $1,500 $246 / 4 hrs or $738 all day / deposit $1,500 Outdoor Dining Rental Fees
Parking Spaces $3,400 annually for each space or partial space $3,400 annually for each space or partial space Sidewalks and non-parking spaces $18.00 per square foot annually $18.00 per square foot annually Outdoor Dining Maintenance Deposit
Sidwalks and non-parking spaces $500 $500
1-2 parking spaces $1,000 $1,000
3-5 parking spaces $1,500 $1,500
Notary Service Fees (State Code)
Acknowledgment or proof of a deed, or other
instrument, to include the seal and writing of
the certificate $15 / signature $15 / signature
Administering an oath or affirmation to one
person and executing the jurat, including the seal
$15 / signature $15 / signature
Credit Card Transaction Fee 3% 3%
Electric Vehicle Charging Fee $0.50 / hour $0.50 / hour Cannabis Annual License Fee $2,827 $2,827
Retail Cannabis Application Fee $1,843 $1,843
MISCELLANEOUS FEES
125
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Special Event Permit $68 $68
Amplified Sound Permit (Municipal Code 9.12.040) $32 $32 DUI Cost Recovery Fee (Res. 3533) Not to exceed $12,000 Not to exceed $12,000 Copies of reports: Crime Reports, Special Reports, etc. (Regardless of number of pages) $0.25 / page $0.25 / page Copies of: Citations, Code sections, Ordinances, etc. $0.25 / page $0.25 / page Bicycle Licenses (New) $0 $0
Bicycle Licenses (Renewal) $0 $0
Citation Sign-Offs $0 $0
Photographs $20 + administration fees $20 + administration fees VIN verifications $18 $18
Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour
Cost + $57.21 1st Hour (Minimum) + $28.60 /
hour
Firearm Dealer License - City Application 100 $100
Local Firearm dealers (set by state)
New application set by state set by state
Renewal set by state set by state
Second Dealers License (set by state)
Application set by state set by state
Renewal set by state set by state
Taxi Fee per application set by state set by state
Tobacco retail license $289 $289
Civil Subpoena (per case) (set by state) set by state set by state Parking Permits (separate action by the Council)
Neighborhoods per year (Resolution No. 3733) $25 $25
Village Preferential Permit (Resolution No. 3733) $50 per year $50 per year Village Preferential Permit - Hotels/Motels $50 per year $365 per year Village Employer/Employee Permit (Resolution No. 3733) $50 per year $50 per year Morning Village Parking Permit (Resolution No. 3715) $50 per year $55 per year Carrying a Concealed Weapon (CCW) Permit - City Application 115 $115 Concealed Weapon Permits (set by state)
Application
Standard set by state set by state
Judicial set by state set by state
Employment set by state set by state
Renewal
Standard set by state set by state
Judicial set by state set by state
Employment set by state set by state
Firearm Surrender Fees (set by state law)
1-5 guns set by state set by state
6+guns set by state set by state
Vehicle Storage per day $30 $30
Administrative fee to release Impounded / Stored Vehicle $145 $145 Surf School Permit Fee $594 $594
Animal Services Fees
See Exhibit B "Animal Services Fees"
POLICE DEPARTMENT FEES
126
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Encroachment Permits
Revocable Encroachment Permit - Outdoor Dining $230 $230 Non-Construction Items (includes materials storage within right-of-way road and sidewalk closures $75 $75
Village Sidewalk Encroachment Permit $44 $44
Village Parking Space Encroachment Permit (annually) $3,400 $3,400 Construction Items
Level A $227 $227
Level B $503 $503
Level C $1,004 $1,004
Level D $1,633 $1,633
Level E $2,263 $2,263
Residential Blue Curb Application Fee $237 $237
Residential Blue Curb Annual Fee $60 $60
Blanket Permits (repair and maintenance of existing facilities) $2,513 $2,513 Private Improvement Permits/Encroachment Agreement
Applications for Minor Permits $251 $251
Applications for Major Permits $629 $629
New Memorial Bench $1,137 $1,137
Replacement Memorial Bench $554 $554
Memorial Plaque $854 $854
Replacement Plaque $277 $277
Memorial Plaque (tree) $545 + Cost of Tree $545 + Cost of Tree Memorial Picnic Table $1,822 $1,822
Seasonal Boat Storage Permits
Seasonal Permit $400 per month $400 per month
Short Term Permit $15 per day $15 per day
Stormwater Development Review Fee
Stormwater Plan Review Fee $124 $124
Large Project Plan Review Deposit
Tier 2 $3,771 $3,771
Tier 3 & 4 $5,028 $5,028
Research Fee - 1/2 hour minimum charge Cost Cost
Information Technology Fee (Resolution No. 3796 adopted 11/12/09) 5% of Permit Fee 5% of Permit Fee Final Map Cost; $3,000 min. deposit Cost; $3,000 min. deposit
PUBLIC WORKS DEPARTMENT FEES
127
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Administration/Documents
Continuance Request - Applicant (2+) $185 $185
Staff Billing Rate Cost Cost
Appeals-by Applicant Cost Cost
Appeals- by City Officials $0 $0
Appeals- by Other $594 $594
Coastal Development Permit Appeal $0 $0
Appeals -Building/Zoning Code Violations $594 $594
Records Search/Research/Special Report Cost Cost
Administrative Permits
Tree Remova l- Staff Review $150 $150
Tree Removal -- 3 or more trees on a property $323 $323 Tree Installation Deposit (Refundable) $500 Deposit $500 Deposit Tree replacement in-lieu fee (if available) $600 per tree $600 per tree Tree removal w/ PC approval $1,000 deposit $1,000 deposit Commercial Sidewalk/Parking Lot Sale Permit $89 $89
Tenant Use Permit (MCUP)--Staff approval $90 $90
Transient Rental Occupancy Use Permit $629 $629
Home Occupation Use Permit $189 $189
Fence Permit- Staff approval $50 $50
Fence Permit- PC approval $943 $943
Sidewalk vendor permit $138 $138
Sidewalk vendor annual refuse fee $555 $555
Temporary Sidewalk Dining $90 $90
Temporary Use Administrative Permit $90 $90
Sign Permits
Temporary Signs and Banner Permits $45 $45
Signs permit - Staff Review $151 $151
Signs permit - PC Review $629 $629
Master Sign Program Cost; $3,000 min deposit Cost; $3,000 min deposit Village Sidewalk Sign Permit $77 $77
Design Permits
Residential Single Family/Minor Design Permit - Staff Review $919 $919 Residential Single Family - PC Review $3,143 $3,143
Residential Multi-Family - PC Review $4,398 $4,398
Commercial - PC Review $4,000 Deposit $4,000 Deposit
Secondary Dwelling Unit- Staff Review $629 $629
Secondary Dwelling Unit- PC Review $1,887 $1,887
Residential Multi-Family/Minor Design Permit - Staff Review $2,000 deposit $2,000 deposit Commercial Minor Design Permit $2,000 deposit $2,000 deposit Historic In-Kind Replacement Design Permit $500 deposit $500 deposit Outdoor Dining - Custom Deck $1,000 deposit $1,000 deposit Use Permits
Master Conditional Use Permit Cost; $3,500 min. deposit Cost; $3,500 min. deposit Conditional Use Permit/Minor Use Permit - Staff Review $1,854 $1,854 Conditional Use Permit - PC approval Cost; $3,000 min. deposit Cost; $3,000 min. deposit Temporary Use Permit $94 $94
Subdivisions
Certificate of Compliance & Lot Merger $629 $629
Boundary Line Adjustment $1,004 $1,004
Tentative Parcel Map Cost; $2,000 min. deposit Cost; $2,000 min. deposit Tentative Map Cost; $5,000 min. deposit Cost; $5,000 min. deposit Revised Map $2,000 Deposit $2,000 Deposit
Time Extension $2,000 Deposit $2,000 Deposit
Subdivision Modification $2,000 Deposit $2,000 Deposit
PLANNING FEES
128
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Plan Amendments
General Plan Amendment Cost; $5,000 min. deposit Cost; $5,000 min. deposit Local Coastal Plan Amendment Cost; $5,000 min. deposit Cost; $5,000 min. deposit Rezone Cost; $5,000 min. deposit Cost; $5,000 min. deposit Planned Development Rezone Cost; $3,500 min. deposit Cost; $3,500 min. deposit Other Discretionary Permits
Variance $1,887 $1,887
PC review of minor modifications $1,696 $1,696
Coastal Development Permit $943 $943
Coastal Permit Exclusion $106 $106
Mobile home Park Change of Use or Closure $5,000 Deposit $5,000 Deposit Development Agreement $10,000 min. deposit $10,000 min. deposit Developer agreement annual review $2,500 deposit $2,500 deposit Specific Plan Cost; $5,000 min. deposit Cost; $5,000 min. deposit Permit Time Extension -Staff Review $629 $629
Permit Time Extension - PC Review $1,887 $1,887
Permit Amendment (any permit) 50% of original cost 50% of original cost Annexation Costs+ overhead / $3,000 min. deposit Costs+ overhead / $3,000 min. deposit Minor Modification $1,887 $1,887
Environmental Review
Negative Declaration (and Mitigated ND) Cost; $2,000 min deposit Cost; $2,000 min deposit EIR Processing Cost; + 21% of consultant; $10,000 min deposit Cost; + 21% of consultant; $10,000 min deposit Mitigation/Condition Monitoring Program Cost + 21% Cost + 21% NEPA Compliance Cost + 21% Cost + 21%
Other Permits/Fees
Conceptual Review Fee- PC $1,887 $1,887
Conceptual Review Fee- PC and CC $2,828 $2,828
Technical Study Preparation and Review Cost + 21% Cost + 21% NOTE: Third party review costs to be required as necessary Cost + 21% Cost + 21% Code Compliance Double Application Fees Double Application Fees Code Compliance confiscated property recovery fee $298 $298 Research Fee - 1/2 hour minimum charge Cost Cost
Pre-Application Review $264 $264
Building Plan Check & Final Inspection 20% of Building Permit Fee 20% of Building Permit Fee Major Development Project Fee Cost; $5,000 min. deposit Cost; $5,000 min. deposit Historical significance determination $4,250 deposit $4,250 deposit Inclusionary Housing
Inclusionary Housing - Unit Sale $629 $629
Inclusionary Housing - Unit Refinance $252 $252
Single Family Residence $2.50 per square foot $2.50 per square foot Other Fees and Assessments
General Plan Maintenance Fee Total Building Valuation X 0.5% Total Building Valuation X 0.5% Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee 5% of Permit Fee Green Building Educational Resource Fund Fee (Municipal Code 17.10.080) Fee equals .0025 times the overall building permit valuation of the project.
Fee equals .0025 times the overall building permit
valuation of the project.
Affordable Housing In-Lieu Fees
For Sale Housing Developments of two to six units (Municipal Code Chapter 18.02) :
All Units $25 per sq. ft. $25 per sq. ft.
For Sale Housing Developments of Seven or more units
#Units #Units Built
7 1 $0 $0
8-13 1 Total # units minus 7 @ $25 per avg. sq. ft. per unit Total # units minus 7 @ $25 per avg. sq. ft. per unit 14 2 $0 $0
15-20 2 Total # units minus 14 @ $25 per avg. sq. ft. per unit Total # units minus 14 @ $25 per avg. sq. ft. per unit 21 3 $0 $0
22-27 3 Total # units minus 21 @ $25 per avg. sq. ft. per unit Total # units minus 21 @ $25 per avg. sq. ft. per unit 28 4 $0 $0
Rental Multi-Family $6 per sq. ft. $6 per sq. ft.
Affordable Housing Impact Fees
For Sale Housing Developments of Six or Less Units $25 per square foot $25 per square foot Rental Multi-Family $6 per square foot $6 per square foot Additional to Housing Units of 50% or more (charged to additional square footage only) $2.50 per square foot $2.50 per square foot NOTES:
1. All Fees are non‐refundable.
2. Deposit accounts are billed on a time and material basis. Additional deposits may be necessary depending on the complexity of the project. Any
unused monies in a deposit account will be refunded following case closure.
3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.
4. Applications which include a fee and a deposit payment will be processed with a single deposit account.
5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.
6. The Community Development Director may establish a reasonable fee or deposit amount for permit NOTES:
1. All Fees are non‐refundable.
2. Deposit accounts are billed on a time and material basis. Additional deposits may be necessary depending on the complexity of the project. Any
unused monies in a deposit account will be refunded following case closure.
3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.
4. Applications which include a fee and a deposit payment will be processed with a single deposit account.
5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.
6. The Community Development Director may establish a reasonable fee or deposit amount for permit 129
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule The cost of a “combination building permit” shall be 1.5 times the amounts shown in Table 1-A. A “combination building permit” is defined as a permit for a scope of construction work regulated by two or more of the model codes. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.
The cost of a “building permit”shall be the amounts shown in Table 1- A. A “building permit” is defined as a permit for a scope of construction work regulated solely by a single model code. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.
TABLE 1-A
Total Valuation FEES FEES
$1.00 to $500.00 $29.55 $29.55
$501.00 to $2,000.00 $29.55 for the first $500.00 plus $3.83 for each additional $100.00 or fraction thereof.
$29.55 for the first $500.00 plus $3.83 for each
additional $100.00 or fraction thereof.
$2,001.00 to $25,000.00 $87.00 for the first $2,000.00 plus $17.59 for each additional $1000.00 or fraction
thereof.
$87.00 for the first $2,000.00 plus $17.59 for
each additional $1000.00 or fraction thereof.
$25,001.00 to $50,000.00 $491.57 for the first $25,000.00 plus $12.69 for each additional $1,000.00 or fraction
thereof.
$491.57 for the first $25,000.00 plus $12.69 for
each additional $1,000.00 or fraction thereof.
$50,001.00 to $100,000.00 $808.82 for the first $50,000.00 plus $8.81 for each additional $1,000.00 or fraction
thereof.
$808.82 for the first $50,000.00 plus $8.81 for
each additional $1,000.00 or fraction thereof.
$100,001.00 to $500,000.00 $1,249.32 for the first $100,000.00 plus $7.05 for each additional $1,000.00 or
fraction thereof.
$1,249.32 for the first $100,000.00 plus $7.05
for each additional $1,000.00 or fraction thereof.
$500,001.00 to $1,000,000.00 $4,069.32 for the first $500,000.00 plus $5.97 for each additional $1,000.00 or
fraction thereof.
$4,069.32 for the first $500,000.00 plus $5.97
for each additional $1,000.00 or fraction thereof.
$1,000,001.00 and up $7,054.32 for the first $1,000,000.00 plus $3.23 for each additional $1,000.00 or
fraction thereof.
$7,054.32 for the first $1,000,000.00 plus $3.23
for each additional $1,000.00 or fraction thereof.
Building Plan Check Fee 65% of Building Permit Fee 65% of Building Permit Fee Reinspection Fee $0 $0
Resubmitted Plan Check Fee $122.30 / hr. $122.30 / hr.
Building Permit Extension Fee $0 $0
Building Permit Reinstatement Fee 50% of the original, singular building permit fee or combo building permit fee, whichever
is applicable to the permit being reinstated
50% of the original, singular building permit fee
or combo building permit fee, whichever is
applicable to the permit being reinstated
Stop Work Order Fee 2x the singular building permit fee 2x the singular building permit fee Greywater System Permit $0 $0
Electric Vehicle Charging Permits (* Note: These fees were added to the fee schedule for FY2011-12, but will be waived per the Green Energy Increntive Program)
a. Level I (120 volts) $0 $0
b. Level II (208-240 volts) $0 $0
c. Level III (480 volts) $0 $0
Solar P.V. System $0 $0
Solar P.V. System (Commercial Sale/Distribution) $0 $0
Solar Hot Water Heater $0 $0
Research Fee - 1/2 hour minimum charge Cost Cost
Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee 5% of Permit Fee Temporary Trailer/Mobile Home Occupancy Permit $0 $0
Structural Review of Engineered Plans cost + 21% cost + 21% Outside Consultant Plan Review cost + 21% cost + 21%
BUILDING FEES
130
Item 9 C.
Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Grading Plan Review Fees
50 cubic yard or less $ - $ -
51 to 100 cubic yard $ - $ -
101 to 1,000 cubic yards $ - $ -
1,001 to 10,000 cubic yards $ - $ -
10,001 to 100,000 cubic yards $60.36 for first 10,000 plus $30.81 for each additional 10,000 cubic yards
$60.36 for first 10,000 plus $30.81 for each
additional 10,000 cubic yards
100,001 to 200,000 cubic yards $337.69 for first 100,000 plus $16.65 for each additional 10,000 cubic yards
$337.69 for first 100,000 plus $16.65 for each
additional 10,000 cubic yards
200,001 cubic yards or more $487.57 for first 200,000 plus $9.12 for each additional 10,000 cubic yards
$487.57 for first 200,000 plus $9.12 for each
additional 10,000 cubic yards
Grading Permit Fees
50 cubic yard or less $ - $ -
51 to 100 cubic yard $ - $ -
101 to 1,000 cubic yards $46.51 for first 100 plus $22.01 for each additional 100 cubic yards
$46.51 for first 100 plus $22.01 for each
additional 100 cubic yards
1,001 to 10,000 cubic yards $244.60 for first 1,000 plus $18.23 for each additional 1,000 cubic yards
$244.60 for first 1,000 plus $18.23 for each
additional 1,000 cubic yards
10,001 to 100,000 cubic yards $408.67 for first 10,000 plus $82.97 for each additional 10,000 cubic yards
$408.67 for first 10,000 plus $82.97 for each
additional 10,000 cubic yards
100,001 to 200,000 cubic yards $1,155.40 for first 100,000 plus $45.88 for each additional 10,000 cubic yards
$1,155.40 for first 100,000 plus $45.88 for each
additional 10,000 cubic yards
131
Item 9 C.
Fiscal Year
2023-24
Amended
Fee Schedule
October 26, 2023
132
Item 9 C.
Background
• Annual review of the fee schedule as
part of the budget process
• FY 2023-24 Fee Schedule adopted
June 22, 2023
• At the time of adoption not all
information regarding parking rates
was available
• Received final certification from the
Coastal Commission following adoption
of fee schedule
• An amendment to the fee schedule is
necessary to implement remaining
Temporary Village Parking Committee
recommendations
133
Item 9 C.
Proposed Fee Amendments
• Parking Permit Program:
Transferable permits – Hotels / Motels
Increase from $50/year to $365/year
• Surf & Coffee Permits
• Increase from $50/year to $55/year
• Increase number of permits from 75 to 100
134
Item 9 C.
Recommended
Action
• Adopt the proposed resolution
amending the fee schedule for
Fiscal Year 2023-24
135
Item 9 C.
Capitola City Council
Agenda Report
Meeting: October 26, 2023
From: City Manager’s Department
Subject: Amendments to Title 2: Administration and Personnel Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola amending Chapters 2.04 and 2.08 of the Capitola Municipal Code.
Background: The Capitola Municipal Code is comprised of eighteen titles, and each title contains chapters. Title 2: Administration and Personnel is composed of sixteen chapters focused on the governance of the City administration. Within Title 2, language can be found concerning the powers and duties of the City Council and City Manager.
Administrative Policy I-15: Agenda Preparation was originally adopted in 2003 and was most recently revised in 2016. This policy establishes a uniform procedure for the preparation of City Council agendas.
The policy includes language outlining the City Council agenda format, and directions concerning how City staff may submit agenda items for approval. This policy falls within the City Manager’s jurisdiction.
The regular review of municipal codes and administrative policies is recommended as a best practice.
Regular reviews can identify outdated or ineffective provisions and allow the municipal code to remain up-to-date. Staff has identified sections of Title 2 that require revision, and recommends consolidating key language from Administrative Policy I-15 into the Municipal Code to clarify procedure in a central and easily accessible location.
Discussion: Staff conducted a review of the entirety of Title 2: Administration and Personnel. Below is a summary of edits recommended by staff.
Chapter 2.04 Section 4: City Council: Staff updated language throughout this Chapter to reflect the change from Mayor Pro Tempore to Vice Mayor, updated adjournment time to reflect current practice, and added a new section to outline ways that the public can participate during meetings (consistent with current practice). Staff removed language regarding the appointment of Standby City Council Members; this practice hasn’t been followed and may not be consistent with the City’s goals of transparency and community involvement.
Chapter 2.04 Section 7: City Attorney: Updated to reflect current powers and duties. Chapter 2.04 Section 9: Public Works: Updated language regarding the appointment of the Public Works Director. This section has not been updated since 1974. Chapter 2.04 Section 11: Director of Finance: Updated to remove Redevelopment Agency (RDA) from annual financial reports, as the RDA was dissolved in 2022. Chapter 2.08: City Manager: Updated bond requirements to align with Chapter 2.04.080, removed dissolved commission names from 2.08.230.
The recommended changes to the Municipal Code will replace Administrative Policy I-15: Agenda Preparation. Following adoption of the proposed ordinance, Administrative Policy I-15: Agenda Preparation will be administratively repealed.
Fiscal Impact: There is no fiscal impact associated with this ordinance.
Attachments:
1. Ordinance
2. Title 2: Administration and Personnel
3. Administrative Policy I-15: Agenda Preparation
Report Prepared By: Julia Gautho, City Clerk
136
Item 9 D.
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
137
Item 9 D.
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF CAPITOLA AMENDING CHAPTER 2.04, ADMINISTRATION, AND CHAPTER 2.08, CITY MANAGER, OF THE CITY OF CAPITOLA
MUNICIPAL CODE REGARDING ADMINISTRATION AND PERSONNEL
WHEREAS, regular review of municipal codes is recommended as a best practice and can identify outdated or ineffective provisions; and
WHEREAS, staff conducted a review of Title 2, Administration and Personnel, and found areas they recommended to update; and
WHEREAS, the City of Capitola has an interest in ensuring that the municipal code remains up-to-date and understandable for members of the public, staff, and the City Council; and
WHEREAS, the City Council desires to implement changes to the language in Chapters
2.04 and 2.08.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPITOLA DOES ORDAIN AS FOLLOWS:
Section 1. The above findings are adopted and incorporated herein.
Section 2. Title 2: Administration and Personnel is amended as shown in Exhibit A.
Section 3. Effective Date.
This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.
Section 4. Severability.
The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 5. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
138
Item 9 D.
This Ordinance was introduced at the meeting of the City Council on the 26th day of October, 2023, and was adopted at a regular meeting of the City Council on the 9 th day of November, 2023,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margaux Keiser, Mayor
Attest: ___________________________
Julia Gautho, City Clerk
Approved as to form:
___________________________________
Samantha W. Zutler, City Attorney
139
Item 9 D.
Exhibit A
140
Item 9 D.
Capitola Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Administration (Amended)
2.08 City Manager (Amended)
2.12 Planning Commission
2.16 Planning Department
2.18 Mobile Home Park Rent Stabilization
2.20 Health Officer
2.24 Conflict of Interest
2.28 Public Museum
2.32 Peace Officer Training
2.40 Unclaimed Property
2.44 Personnel System
2.48 Retirement System
2.52 Appeals to City Council
2.56 Art and Cultural Commission
2.58 Funding The Public Art Program
2.60 Military Equipment Use
141
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.04
ADMINISTRATION
Sections:
I. Organization
2.04.010 Categories.
2.04.015 Term limits for elected officials.
2.04.020 Powers and duties of department heads.
II. City Boards and Commissions Policies
2.04.030 Authority to establish.
2.04.040 City council referrals.
2.04.060 City personnel use.
2.04.070 Repealed.
III. Bonds
2.04.080 Bonds.
2.04.090 Repealed.
2.04.100 Repealed.
IV. City Council
2.04.110 Regular meetings.
2.04.120 Special meetings.
2.04.130 Council chambers.
2.04.140 Agenda.
2.04.150 Selection of the mayor (presiding officer).
2.04.160 Mayor pro temporeVice mayor.
2.04.165 Appointment of standby city council members.
2.04.170 Conduct of meeting.
2.04.180 Quorum/action.
2.04.190 Order of business.
2.04.200 Reading of minutes.
2.04.210 Rules of debate.
2.04.220 Addressing council – Permission required.
2.04.230 Addressing council – After motion made.
2.04.240 Addressing council – Manner.
2.04.250 Voting.
2.04.260 Adjournment – Time and date continued.
2.04.270 Adjournment – When in order.
2.04.275 City council member salary.
2.04.280 Administrative procedures.
2.04.285 Repealed.
V. City Manager
2.04.290 Office established.
2.04.300 Powers and duties.
VI. City Clerk
2.04.310 Office created.
142
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.04.320 Powers and duties.
VII. City Attorney
2.04.330 Office created.
2.04.340 Powers and duties.
VIII. City Treasurer
2.04.350 Office created.
2.04.360 Powers and duties.
2.04.365 Appointment.
IX. Department of Public Works
2.04.370 Created.
2.04.380 Director – Appointment.
2.04.390 Director – Powers and duties.
X. Department of Police
2.04.450 Created.
2.04.460 Chief – Appointment.
XI. Director of Finance
2.04.600 Powers and duties.
I. Organization
2.04.010 Categories.
The governmental forces of the city shall be organized into the following categories:
A. Elective. The elective offices of the city of Capitola are the city council members.
B. The city treasurer and such city boards and commissions as are established by city council ordinance or resolution. Such boards and commissions shall have the powers and duties expressly set forth in the enabling ordinance or resolution and shall also advise the city council on matters related to the explicit function of the board or commission.
C. City Manager and City Departments. Capitola shall be administered as a city manager form of government. It shall have such administrative departments as are set forth in this chapter and as are hereafter created by ordinance or resolution. Unless a power or duty is explicitly vested in an identified city employee, all city employees are expected to function in accordance with the instruction of their department heads, and department heads are expected to function in accordance with the instructions they receive from the city manager. (Ord. 1025 § 1 (part), 2018: Ord. 830 § 1, 2001; Ord. 375 § 1, 1974)
2.04.015 Term limits for elected officials.
City council members shall serve a maximum of two elected terms consecutively. Upon completion of a second consecutive elected term, the term-limited city council member shall be eligible to seek reelection to the city council for a term commencing no earlier than two years after the second consecutive term has been completed. Nothing herein shall be construed to limit the city council’s discretion to appoint an individual to fill a city council seat which has been vacated due to resignation, death, disqualification or other cause. (Ord. 1025 § 1 (part), 2018: Ord. 844 § 1, 2002)
2.04.020 Powers and duties of department heads.
The heads of the various departments established by this chapter shall have the following general powers, duties and responsibilities:
143
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
A. To organize the department into the divisions established by this chapter in such a manner as to efficiently perform the functional responsibilities allocated. For this purpose, the department head may create such sections and subunits within such division as deemed necessary;
B. To make recommendations regarding recruiting, disciplining and discharging of departmental personnel in accordance with any personnel rules and regulations of the city; C. To efficiently utilize available manpower;
D. To keep correct attendance records on each employee for payroll purposes, and to submit such other information as required for the proper maintenance of individual personnel records, including leaves of absence, job efficiency and personal conduct;
E. To administer the departmental budget and permit no purchase requisitions to be issued, or other expense incurred, unless an appropriation therefor has been duly authorized; F. Department heads shall attend meetings of the council when required; G. Department heads shall attend meetings of their respective boards and commissions. They shall serve as secretary and keep records of such commissions when so requested; H. Department heads shall carry on an active public relations program for their respective services, including the publication of educational reports and brochures, the promotion of authorized objectives, and the making of public addresses when the occasion so requires;
I. Department heads shall recommend and administer internal rules and regulations for the proper conduct of personnel and the efficient handling of the department’s duties and functions; J. They shall discharge such other duties as may be assigned by the city manager or required by the ordinances, resolutions or official orders of the city council. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974) II. City Boards and Commissions Policies
2.04.030 Authority to establish.
The council may establish appropriate boards, commissions and committees by ordinance, resolution or minute order. (Ord. 830 § 1, 2001)
2.04.040 City council referrals.
The city council may refer an item to a board, commission, or advisory body by motion, passed by a simple majority, at a noticed public meeting. (Ord. 1038 § 3, 2020)
2.04.060 City personnel use.
The various boards and commissions may utilize the services of the appropriate city departmental personnel in carrying out their respective functions subject to the administrative control of the city manager. (Ord. 375 (part), 1974)
2.04.070 Policy adoption.
Repealed by Ord. 1038. (Ord. 375 (part), 1974)
III. Bonds
2.04.080 Bonds.
The bonding requirements of Government Code Section 36518 shall be fulfilled by a government crime insurance policy. (Ord. 1038 § 1 (part), 2020: Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.090 Blanket bond.
Repealed by Ord. 1038. (Ord. 375 (part), 1974)
144
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.04.100 Terms.
Repealed by Ord. 1038. (Ord. 375 (part), 1974)
IV. City Council
2.04.110 Regular meetings.
A. Time. Regular meetings of the city council generally shall be held on the second and fourth Thursday of each month. Any other regular meetings may be in accordance with Government Code Sections 54954 and 54955. Each year, the city council will adopt the regular meeting calendar dates and times by resolution.
B. Place. All regular meetings of the council shall be convened in the council chambers in the City Hall, 420 Capitola Avenue, Capitola, California. If, by reason of a natural disaster, emergency, or other event that makes it unsafe to meet in the place designated, the meetings may be held for the duration of the event at such place as is designated by the presiding officer of the council.
C. Public. Meetings of the council shall be open as required by the Brown Act (Government Code Sections 54950, et seq.), or other applicable law. (Ord. 1038 § 1 (part), 2020; Ord. 920 § 1, 2007; Ord. 830 § 1, 2001; Ord. 456, 1979; Ord. 375 (part), 1974)
2.04.120 Special meetings.
Special meetings of the city council shall be held under the conditions and in the manner set forth in the Brown Act. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.130 Council chambers.
The room designated as the city council chambers at 420 Capitola Avenue in the city, is fixed as the place of regular and special meetings of the city council, and such council chambers and the adjacent offices and rooms used and occupied by the city clerk and administrative officers of the city, shall henceforth be known and designated as the city hall of the city. (Ord. 375 (part), 1974)
2.04.140 Agenda.
The following have authority to place a matter on the council agenda:
A. The mayor or any member of the city council with the condition that the proposed agenda item be requested at an open city council meeting;
B. The city manager;
C. The city council may, after the seventy-two-hour agenda-posting deadline has expired, add items to the agenda in the manner provided in Government Code Section 54954.2(b); D. Repealed by Ord. 1038.
E. The city treasurer, city clerk, or city attorney, provided the subject is reasonably related to their powers and duties and concerns a subject upon which the council has authority to act.
Other persons must direct their agenda requests to the city council (at council meetings), the mayor, or the city manager. Agendas shall otherwise be prepared under the direction of the city manager and shall be posted, noticed and distributed in accordance with the Brown Act. For purposes of Government Code Section 54954.2(a), agendas shall be posted in the entrance area to the city council chambers. (Ord. 1038 § 1 (part), 2020; Ord. 999 § 1, 2015:
Ord. 919 § 1, 2007; Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.150 Selection of the mayor (presiding officer).
A. Each year the city council shall select a mayor and vice mayor pro tempore. During years with a general election, such selection shall be made at the meeting at which the declaration of the election results for a general municipal election is made. During years without a general election, such selection shall be made approximately one year after the prior selection.
145
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
B. The mayor, or mayor pro temporevice mayor, may be replaced if at least three council members vote for the removal of the mayor, or mayor pro temporevice mayor, at a noticed city council meeting. (Ord. 1038 § 1 (part), 2020: Ord. 768, 1994; Ord. 375 (part), 1974)
2.04.160 Vice Mayor pro tempore.
In case of the temporary absence or inability of the mayor to act as presiding officer the vice mayor pro tempore shall preside. In case of the absence or disability of both the mayor and vice mayor pro tempore the council shall elect one of its members to act as vice mayor pro tempore. Upon the arrival of the mayor, the vice mayor pro tempore shall relinquish the chair upon the conclusion of the business immediately before the council. (Ord. 375 (part), 1974)
2.04.165 Appointment of standby city council members. (Repealed) Government Code Sections 8635 and following provide that the city council shall have the authority to appoint up to three standby city council members per council position. Such standby members would serve as city council persons in the event that a council member is “unavailable” in an “emergency” as those words are defined in the California Emergency Services Act. Each council member may nominate from one to three persons to serve as his or her standby members. In making that nomination, the council member shall follow the criteria of Government Code Section 8639 which reads as follows:
Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a political subdivision other than that to which they are appointed as standby officers.
The duties of such standby council members shall be as set forth in Government Code Section 8641. To become effective the nomination must be approved by the city council, and the nominee must take the oath of office. Terms of office and method of removal shall be as provided in Government Code Section 8640. (Ord. 782, 1995)Repealed.
2.04.170 Conduct of meeting.
The mayor, or in his or her absence, the vice mayor pro tempore, shall take the chair at precisely the hour appointed for the meeting and shall immediately call the council to order. The mayor or mayor pro temporevice mayor shall preserve strict decorum at all regular and special meetings of the council. He or she shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which a majority vote of the council shall govern and conclusively determine such question of order. (Ord. 375 (part), 1974)
2.04.180 Quorum/action.
A majority of the entire membership of the council shall constitute a quorum to do business. A majority of that quorum may act on matters before the council, unless a city ordinance or state law requires a greater number. When less than the full council is present and there is a tie vote, the chair, unless overridden by a majority of present council members, may continue the matter to another meeting. When there is a tie council vote on an appeal from a board or commission action, unless the matter is continued, the appeal will be deemed denied and the board or commission action becomes final. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.190 Order of business.
The chair, subject to the concurrence of the council, may vary the sequence of business from that shown on the posted agenda. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.200 Reading of minutes.
Unless the reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a copy thereof. (Ord. 375 (part), 1974)
2.04.210 Rules of debate.
A. Presiding Officer May Debate. The mayor or mayor pro temporevice mayor may debate from the chair, subject only to such limitations of debate as are imposed upon all members by the rules set forth in this section. 146
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
B. Getting the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.
C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him or her to order. If a member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if in order, he or she shall be permitted to proceed.
D. Privilege of Closing Debate. The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
E. Remarks of Councilmember. A councilmember may request, through the presiding officer, the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered; provided, however, any council member without council consent shall have the right to have the reasons for his or her dissent from, or protest against, any action of the council entering in the minutes.
F. Synopsis of Debate. The city clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.
G. Rules of Order. Except as otherwise provided in this chapter, the rules of order that govern the conduct of the meetings of the city council and other city advisory bodies shall be those rules of order designated by city council resolution. (Ord. 914 § 1, 2007; Ord. 375 (part), 1974)
2.04.220 Addressing council – Permission required.
Any person desiring to address the council at a meeting shall first secure the permission of the presiding officer to do so; provided, however, that under the heading oral communications, after being recognized by the presiding officer, interested parties or their authorized representatives may address the council on matters concerning their interests. (Ord. 1038 § 1 (part), 2020: Ord. 375 (part), 1974)
2.04.230 Addressing council – After motion made.
After a motion is duly made and seconded by the council, no person other than a member of the council shall address the council without first securing the permission of a majority of the council to do so. This address, upon the subject to be voted upon, may not exceed three minutes duration and no person may speak more than once at this time. (Ord. 375 (part), 1974)
2.04.240 Addressing council – Manner.
Each person addressing the council shall be requested to give his or her name and address in an audible tone of voice for the records. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without permission of the presiding officer. No question shall be asked a councilmember or staff member, except through the presiding officer. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.250 Voting.
No member of the council shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the presiding officer. (Ord. 375 (part), 1974)
2.04.260 Adjournment – Time and date continued.
The council may adjourn any regular, adjourned or special meeting to a time and place specified in the order for adjournment. Whenever an order for adjournment fails to state the hour at which the adjourned meeting is to be held, it shall be at seven six p.m. on the day specified in the order for adjournment. All matters may be considered and passed upon at such adjourned meetings as could have been considered and passed upon at the meetings from which such adjournments were taken and shall be deemed to be a continuation of the meeting from which the adjournment was taken. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
147
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.04.270 Adjournment – When in order.
A motion to adjourn, except during roll call, shall always be in order and decided without debate. When a motion is made and seconded to adjourn, it shall be in order for the presiding officer before putting the question, to permit any member to state any fact to the council relating to the condition of the business of the council which would seem to render it improper to adjourn at that time. Such statement shall not be debatable and shall not be of more than two minutes duration. (Ord. 375 (part), 1975)
2.04.275 City council member salary.
Pursuant to California Government Code Section 36516, commencing December 2022 the salary for city council members shall be six hundred and sixty dollars per month and may be adjusted in accordance with state law. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city. (Ord. 1054 § 2, 2022; Ord. 1032 § 2, 2019: Ord. 901 § 2, 2006)
2.04.280 Administrative procedures.
A. The administrative procedures of the city shall be established through formal documents approved by the city manager.
B. In the absence of established administrative procedures, the appropriate department head may establish an interim procedure pending the formal action of the city manager on the subject provided that the procedure has been submitted to the city manager’s office for later review.
C. In cases of conflict between such administrative procedure and: state law, federal law, council resolution, council ordinance or council policy adopted pursuant to Section 2.04.070, the latter shall supersede the administrative procedure. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.285 Redevelopment agency.
Repealed by Ord. 1038. (Ord. 505 §§ 1 – 4, 1981)
2.04.290 Public Participation at Meetings.
The chair of the meeting may establish a uniform time limit for public comments.
A. Comments on Non-Agendized Items: members of the public may address the Ccity councilCouncil on any consent item, or on any topic within the subject matter jurisdiction of the cityCity Council that is not on the general government or public hearing section of the agenda, during the oral communications portion of the agenda. Individuals may not speak more than once during oral communications. All speakers must address their comments to the City Council. the entire legislative body and will not be permitted to engage in dialogue.
B. Comments on On-Agendizeda Items: members of the public may address the city council on any general government or public hearing item following staff’s presentation and council questionsduring the public comment period on that particular item. Individuals may not speak more than once during the public comment period. All speakers must address their comments to the City Council. the entire legislative body and will not be permitted to engage in dialogue.
A.C. Removing an Item from Consent: Any Council Member may pull an item from the consent calendar by motion. Items pulled from the consent calendar will be considered following general government items.
V. City Manager
2.04.290 Office established.
The office of city manager is established by Chapter 2.08. (Ord. 375 (part), 1974)
2.04.300 Powers and duties.
The powers, duties and responsibilities of the city manager shall be set forth in Chapter 2.08. In addition to those responsibilities therein set forth it shall be his or her responsibility to cause to be prepared administrative manuals setting forth administrative rules, regulations and procedures necessary for the proper functioning of a coordination 148
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
among all departments of city government. These administrative manuals shall be consistent with the provisions of the code and city ordinance. (Ord. 375 (part), 1974)
VI. City Clerk
2.04.310 Office created.
The office of city clerk is established pursuant to Government Code Sections 40800 through 40814 subject to the modifications set forth in Section 2.04.600. This office shall be under the direct control of the city clerk as to statutory duties but subject to the general administrative direction of the city manager. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
2.04.320 Powers and duties.
The powers and duties of the city clerk shall be as set forth in applicable Government Code sections. (Ord. 375 (part), 1974)
2.04.330 Insurance and Claims.
Process all insurance matters and claims against the city.
VII. City Attorney
2.04.330 Office created.
The office of the city attorney is created pursuant to Government Code Sections 41800 through 41804. (Ord. 375 (part), 1974)
2.04.340 Powers and duties.
The powers and duties of the city attorney are set forth in Government Code Sections 41801 through 41804. In addition to those powers and duties therein set forth, the city attorney shall be responsible for and be required to:
A. Legislation. Keep the council and city manager informed as to all legislation affecting the city government; B. Insurance and Claims. Process all insurance matters and claims against the city; C. Meetings. Attend designated meetings of boards, commissions and special committees of the city government, and represent city departments and offices before state and local courts, boards or commissions when there is opposing counsel;
D. Proposed Legislation. Prepare and promote state and federal legislation proposed by the city; E. Annexation Proceedings. Process all annexation proceedings; F. Ordinance Summaries. For any ordinance, which is lengthy and which can be adequately summarized, the city attorney is empowered to prepare, as an alternative to publishing the full text of the proposed ordinance, a summary in the manner set forth in Government Code Section 36933. (Ord. 591, 1985; Ord. 375 (part), 1974) VIII. City Treasurer
2.04.350 Office created.
The office of city treasurer is created pursuant to Government Code Sections 41001 through 41007. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)
2.04.360 Powers and duties.
The powers and duties of the city treasurer shall be as set forth in applicable Government Code sections. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)
2.04.365 Appointment.
The city manager shall nominate a city treasurer for consideration by the city council, which may appoint the nominee with a majority vote. (Ord. 1028 § 1 (part), 2019) 149
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
IX. Department of Public Works
2.04.370 Created.
The department of public works is created. (Ord. 375 (part), 1974)
2.04.380 Director – Appointment.
The director of public works shall be the head of the department of public works and shall be appointed by the city manager. The city manager shall serve as director of public works until such time as the growth and expansion of city services demands an increase in staff and personnel in this office. (Ord. 375 (part), 1974)
2.04.390 Director – Powers and duties.
In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the director of public works to act to secure and preserve the physical properties of the city and to direct and control all the functions assignable to this department. The director of public works shall:
A. Public Works and Utilities. Supervise the construction, inspection maintenance and operation of the city’s public works;
B. Buildings and Installations. Direct and be responsible for the proper maintenance of city-owned buildings and installations which are not directly assigned to another department or office or which may be assigned by the city manager;
C. Laws and Regulations. Enforce the laws, ordinances and regulations relating to work done in public streets, easements and rights-of way;
D. Engineering Work. Perform or direct all phases of engineering work required in connection with the functions of the city;
E. Contract Work. Approve for acceptance after proper inspection all contract work let by the city affecting streets, alleys;
F. Other Duties. Perform such other duties as may be required by the city manager. (Ord. 357 (part), 1974) X. Department of Police
2.04.450 Created.
The department of police is created. (Ord. 375 (part), 1974)
2.04.460 Chief – Appointment.
The police department shall be under the direct supervision of a chief of police who shall be appointed by the city manager. (Ord. 375 (part), 1974)
XI. Director of Finance
2.04.600 Powers and duties.
The power and duties of the director of finance are as follows:
A. With respect to the city’s accounting and necessarily related matters, the director of finance shall act within the official and professional rules of his or her profession and may not be directed to act contrary to those rules.
B. The director of finance prepares, or supervises preparation of, the city and redevelopment agency’s annual financial report(s); oversees annual independent audits; and interfaces with independent auditor(s).
C. The director of finance conducts, directs and/or oversees all investigative and corrective accounting projects.
D. As requested, the director of finance advises and consults with the city treasurer on accounting and financial matters relative to his or her office. The director of finance is not staff to the city treasurer, but works closely with and assists that office. The director of finance may serve as the city treasurer. 150
Item 9 D.
Capitola Municipal Code
Chapter 2.04 ADMINISTRATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
E. “Finance” and “financial” primarily refers to accounting, reporting and information management aspects of city/agency fiscal activities and procedures related to those activities. It does not include providing advice as to the social desirability of any proposed expenditure over another.
F. Pursuant to Government Code Section 37209, the director of finance shall have the powers and duties otherwise vested in the city clerk under the Government Code Sections 37203, 37205, 37207, 37208, 40802 and 40804. (Ord. 1028 § 1 (part), 2019: Ord. 830 § 1, 2001)
151
Item 9 D.
Capitola Municipal Code
Chapter 2.08 CITY MANAGER
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office created.
2.08.020 Residence.
2.08.030 Council member eligibility.
2.08.040 Bond.
2.08.050 Acting city manager.
2.08.060 Compensation.
2.08.065 Exemption from civil service.
2.08.070 Powers and duties.
2.08.080 Law enforcement.
2.08.090 Authority over employees.
2.08.100 Power of appointment and removal.
2.08.110 Administrative reorganization of officers.
2.08.120 Ordinances.
2.08.130 Attendance at council meetings.
2.08.140 Financial reports.
2.08.150 Budget.
2.08.160 Purchasing agent.
2.08.170 Investigations and complaints.
2.08.180 Public buildings.
2.08.190 Hours of employment.
2.08.200 Additional duties.
2.08.210 Internal relations with council.
2.08.220 Departmental cooperation.
2.08.230 Attendance at commission meetings.
2.08.240 At-will employment.
2.08.010 Office created.
The office of the city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 1, 1968)
2.08.020 Residence.
Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eighty days thereafter the city manager must become a resident of the county of Santa Cruz. (Ord. 990 § 1 (part), 2014: Ord. 308 § 2, 1968)
2.08.030 Council member eligibility.
No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 3, 1968)
2.08.040 Bond.
The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 990 § 1 (part), 2014: Ord. 308 § 4, 1968)Repealed to align with Chapter 2.04.080. Repealed by Ord. ----- , 2023.
152
Item 9 D.
Capitola Municipal Code
Chapter 2.08 CITY MANAGER
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.08.050 Acting city manager.
The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. In the event the city manager’s absence or disability extends over a sixmonth period, the city council may, after the six-month period, appoint an acting city manager. (Ord. 990 § 1 (part), 2014: Ord. 308 § 5, 1968)
2.08.060 Compensation.
The city manager shall receive such compensation and expense allowances as the city council from time to time determines, and said compensation and expenses shall be a proper charge against such funds of the city as the city council designates.
In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties, including those incurred when traveling on business pertaining to the city; reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to and approved by the mayor. (Ord. 990 § 1 (part), 2014: Ord. 308 § 6, 1968)
2.08.065 Exemption from civil service.
The city manager is excluded from civil service or personnel system of the city, and the city manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system and shall not be subject to the procedures outlined or prevailing to such system. (Ord. 990 § 1 (part), 2014)
2.08.070 Powers and duties.
The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to these general powers and administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections 2.08.080 through 2.08.200. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7, 1968)
2.08.080 Law enforcement.
It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.1, 1968)
2.08.090 Authority over employees.
It shall be the duty of the city manager and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.2, 1968)
2.08.100 Power of appointment and removal.
It shall be the duty of the city manager to, and he or she shall, appoint, remove, promote and demote any and all officers and employees of the city except the city attorney subject to all applicable personnel ordinances, rules and regulations. (Ord. 1028 § 2, 2019: Ord. 990 § 1 (part), 2014: Ord. 308 § 7.3, 1968)
2.08.110 Administrative reorganization of officers.
It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.4, 1968)
2.08.120 Ordinances.
It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.5, 1968) 153
Item 9 D.
Capitola Municipal Code
Chapter 2.08 CITY MANAGER
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.08.130 Attendance at council meetings.
It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his or her removal is under consideration. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.6, 1968)
2.08.140 Financial reports.
It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.7, 1968)
2.08.150 Budget.
It shall be the duty of the city manager to prepare and submit the proposed annual budget to the city council for its approval. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.8, 1968)
2.08.160 Purchasing agent.
It shall be the duty of the city manager and he or she shall be responsible for the purchase of all supplies and services for all the departments or divisions of the city in accordance with city purchasing policy. The city manager shall make no purchase exceeding twenty-five thousand dollars without prior city council approval. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.9, 1968)
2.08.170 Investigations and complaints.
It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government in regard to the service maintained by public utilities in the city. (Ord. 990 § 1 (part), 2014: Ord. 308 §
7.10, 1968)
2.08.180 Public buildings.
It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.11, 1968)
2.08.190 Hours of employment.
It shall be the duty of the city manager to devote his or her entire time to the duties of his or her office and in furthering the interests of the city. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.12, 1968)
2.08.200 Additional duties.
It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.13, 1968)
2.08.210 Internal relations with council.
The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his or her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. (Ord. 990 § 1 (part), 2014: Ord. 308 § 8, 1968)
2.08.220 Departmental cooperation.
It shall be the duty of all subordinate officers and the city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 990 § 1 (part), 2014: Ord. 308 § 8.1, 1968)
2.08.230 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, recreation and park commission, and any other commissions, boards or committees created by the city council, upon his or her own volition or upon direction of the city council. At such meetings which the city manager attends, he or she shall be heard by such 154
Item 9 D.
Capitola Municipal Code
Chapter 2.08 CITY MANAGER
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform said members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 8.2, 1968)
2.08.240 At-will employment.
The city manager shall be an at-will employee, who may be removed from office, or his or her authority temporarily suspended, at the sole discretion of the majority vote of the whole city council, subject to any such restrictions as are specifically set forth in the city manager’s contract of employment. (Ord. 990 § 1 (part), 2014: Ord. 818 § 1, 2000; Ord. 308 § 9, 1968)
155
Item 9 D.
Capitola Municipal Code
Chapter 2.12 PLANNING COMMISSION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.12
PLANNING COMMISSION
Sections:
2.12.010 Members – Number.
2.12.020 Appointment.
2.12.030 Vacancy filling.
2.12.035 Alternates.
2.12.040 Officers – Organization.
2.12.050 Powers and duties.
2.12.054 Historic preservation duties.
2.12.060 Reference for study.
2.12.010 Members – Number.
The planning commission of the city shall consist of five members. Those commissioners serving at the time of adoption of the ordinance codified in this chapter may continue to serve until replaced in the manner provided in this chapter. All commissioners shall live within the city limits of Capitola or within the sphere of influence of Capitola, as defined by the Santa Cruz Local Area Formation Commission. (Ord. 1036 § 1, 2019; Ord. 428 (part), 1978; Ord. 295 § 1, 1967; Ord. 58 § 1, 1951)
2.12.020 Appointment.
Beginning as soon as the ordinance codified in this chapter becomes effective, each council member may appoint one planning commission member. Except as provided in this chapter, the term of any commissioner so appointed shall terminate fourteen days after the canvassing of the next regular election of council members. However, a commissioner may serve until his or her successor takes office.
Once appointed, a planning commissioner may serve the term above provided unless:
A. The council member who made the appointment requests removal; or B. At least three council members vote for the commissioner’s removal at a noticed open city council meeting. (Ord. 1038 § 1 (part), 2020: Ord. 428 (part), 1978; Ord. 295 § 2, 1967; Ord. 58 § 2, 1951)
2.12.030 Vacancy filling.
In case of a vacancy on the planning commission for any reason except the swearing into office of a new city council member, the city council member who made the appointment to the then vacated position may appoint the replacement. If for any reason the appropriate council member fails to make an appointment to the planning commission within fourteen days after a term has ended or a position vacated, the mayor shall appoint a commissioner to the vacancy. Council members shall appoint either by oral announcement at any regular meeting or special meeting or by a writing delivered to the city manager. Any such appointee may take office as soon as state law allows. (Ord. 428 (part), 1978; Ord. 419, 1977; Ord. 391, 1975; Ord. 295 § 3, 1967; Ord. 285, 1966; Ord. 58 § 3, 1951)
2.12.035 Alternates.
If a planning commissioner does not intend to vacate his or her position, but will be unable to attend two or more consecutive meetings, he or she should, in writing, so notify the city clerk and the council member that appointed him/her. The appointing council member may at any time before or during any long term absence, name an alternate, remove an alternate, or replace an alternate. Three members of the city council may nullify any such appointments. (Ord. 732 § 1, 1992)
2.12.040 Officers – Organization.
The commission shall elect its chairperson from among the appointed members for a term of one year and subject to other provisions of law, may create and fill such other offices as it may determine and may employ such individuals and/or firms as may be required to carry on the work of the commission; provided, however, that expenditures covering such employment must first be authorized by the city council. The commission shall hold at least one 156
Item 9 D.
Capitola Municipal Code
Chapter 2.12 PLANNING COMMISSION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
regular meeting in each month. The commission shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. 58 § 4, 1951)
2.12.050 Powers and duties.
It shall be, the function and duty of the commission to make, adopt and recommend city council adoption of a master plan for the physical development of the city, and of any land outside of the boundaries which, in the judgment of the commission, bears relations to the planning thereof, and to perform all other proper functions of a planning commission pursuant to and in accordance with the planning and zoning law of the state, beginning with Section 65100 of the Government Code and pursuant to and in accordance with any directions issued by the city council whether by ordinance, resolution or minute order. (Ord. 295 § 4, 1967; Ord. 58 § 5, 1951)
2.12.054 Historic preservation duties.
The planning commission shall have the following historic preservation duties:
A. Advise the city council how best to preserve and enhance the historic resources of Capitola and carry on consultations for this purpose;
B. Review periodically the historic preservation element of the general plan; C. Carry out, assist, and collaborate in studies to identify and evaluate improvements, sites, areas, and vistas worthy of preservation; and recommend to the council designation of historic landmarks, (including archaeological resources) and of vistas to be protected;
D. Advise the council with respect to execution and administration of historic property contracts permitted by Sections 50280 and 50281 of the California Government Code; and advise the council upon aid and assistance available to Capitola under federal, state, county, or other grants-in-aid; E. Maintain for commission use and for consultation by the public a copy of the register of historic features, of which the city clerk is the official custodian;
F. Recommend a standard design for the markers of plaques which may be erected at designated historic landmarks or historic features. (Ord. 515 § 2, 1982)
2.12.060 Reference for study.
The council may by general or special rule, provide for the reference of any other matter or class of matters to the commission before final action thereon by the public body or officer of the city having final authority thereon, with the provisions that final action thereon shall not be taken until the commission has submitted its report thereon or has had reasonable time to submit the report. The commission shall have full power and authority to make such investigations, maps and reports, and recommendations in connection therewith relating to the planning and development of the city as it seems desirable, providing the total expenditures of the commission shall not exceed the funds available therefor. (Ord. 58 § 6, 1951)
157
Item 9 D.
Capitola Municipal Code
Chapter 2.16 PLANNING DEPARTMENT
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.16
PLANNING DEPARTMENT
Sections:
2.16.010 Created.
2.16.020 Employees.
2.16.030 Director – Appointment and qualifications.
2.16.040 Director – Powers and duties.
2.16.050 Repealed.
2.16.010 Created.
The department of planning is created and established in accordance with Section 65200 et seq., of the Government Code of the state of California. (Ord. 991 § 1 (part), 2014: Ord. 331 § 1, 1970)
2.16.020 Employees.
The number of employees to carry out the functions of the planning department shall be designated by the city manager and the community development director with the approval of the city council. (Ord. 991 § 1 (part), 2014:
Ord. 331 § 2, 1970)
2.16.030 Director – Appointment and qualifications.
The community development director shall be appointed by the city manager. He or she shall be qualified pursuant to Section 65201 of the Government Code of the state of California and shall have the ability to manage and direct the planning department, and possess knowledge of the principles of state laws and city ordinances relating to zoning and planning, together with a working knowledge of engineers’ drawings, mapping and topography, and have the ability to collect, analyze and interpret data pertaining to planning and zoning activities. (Ord. 991 § 1 (part), 2014: Ord. 331 § 3, 1970)
2.16.040 Director – Powers and duties.
The community development director shall plan and supervise the technical work and administrative detail of the planning commission; serve as secretary to the planning commission and carry out their directives; develop and promote long range planning programs; prepare zoning and other regulatory ordinances in preliminary form; supervise the work of the staff of the planning department; supervise and participate in the administration of zoning ordinances; make land use studies and reports; consult with citizens and officials on planning problems; advise the city council on planning problems; maintain cooperative liaison with other agencies in the planning field, including state and local agencies; answer inquiries from the public concerning zoning regulations. (Ord. 991 § 1 (part), 2014:
Ord. 331 § 4, 1970)
2.16.050 Director – Compensation.
Repealed by Ord. 991. (Ord. 331 § 5, 1970)
158
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.18
MOBILE HOME PARK RENT STABILIZATION Revised 7/23
Sections:
2.18.010 Purpose and findings. Revised 7/23
2.18.020 Definitions. Revised 7/23
2.18.030 Applicability. Revised 7/23
2.18.031 Exemptions. Revised 7/23
2.18.040 Stabilization of rents. Revised 7/23
2.18.050 Vacancy control – Establishment of a new base rent. Revised 7/23
2.18.060 Anniversary date. Revised 7/23
2.18.070 Rent increase limitations. Revised 7/23
2.18.080 Information required from mobile home park owner. Revised 7/23
2.18.090 Rent dispute resolution process. Revised 7/23
2.18.110 Standards of review. Revised 7/23
2.18.120 Net operating income. Revised 7/23
2.18.130 Gross income. Revised 7/23
2.18.140 Operating expenses. Revised 7/23
2.18.150 Special base year NOI/base rent adjustments. Revised 7/23
2.18.160 Obligations of the parties. Revised 7/23
2.18.170 Homeowner’s right of refusal. Revised 7/23
2.18.180 Retaliatory acts – Homeowner’s right to organize. Revised 7/23
2.18.190 Fees. Revised 7/23
2.18.200 Remedies and waiver of rights. Revised 7/23
2.18.210 Rights of affected parties reserved. Revised 7/23
2.18.220 Extension of time limits. Revised 7/23
2.18.230 Regulations. Revised 7/23
2.18.010 Purpose and findings. Revised 7/23
A. The purpose of this chapter is to stabilize mobile home space rents by preventing excessive and unreasonable rent increases, and to assure that mobile home park owners receive a fair and reasonable return on their investment.
B. The city council finds and declares the following:
1. Mobile homes provide an important alternative form of housing; and
2. Based on the most recent available data, within Capitola city limits there are mobile home parks with a total of six hundred eighty-one spaces. Approximately six hundred seventy-four of those spaces are occupied, thus resulting in a vacancy rate of just one percent, and market conditions suggest that the high demand for mobile home spaces is likely to persist; and
3. Capitola does not currently regulate rental amounts or rent increases on mobile homeowners to ensure that rents remain affordable; and
4. Residents of mobile home parks, unlike apartment tenants or residents of other rental properties, are in a unique position in that they have made a substantial investment in a residence for which space is rented or leased; and
5. Some residents of mobile home parks own their coaches, and rent space from the park owner; and
6. The imposition of sudden and excessive rent increases that are beyond the reach of mobile home park residents require such residents to identify alternative sites for the relocation of mobile homes, which is difficult to do given the shortage of vacant mobile home spaces, and restrictions on the age, size or style of mobile homes permitted in many mobile-home parks; and
159
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
7. The potential for rents to increase within mobile home parks within the city could cause hardship to a substantial number of mobile homeowners and residents of the parks, many of whom are elderly, on fixed incomes, or are persons of low or moderate income, and these residents would be vulnerable to displacement; and
8. It is necessary to protect mobile homeowners and residents of mobile home parks from unreasonable rent increases and at the same time recognize the rights of mobile home park owners to receive a reasonable return on their investments. (Ord. 1060 § 1 (Att. A), 2023)
2.18.020 Definitions. Revised 7/23
A. “Administrator” means the administrator of the city’s mobile home space rent stabilization program. The administrator shall be the community development director, or such other city employee as the city manager may appoint to serve as administrator.
B. “Affected homeowners” means those mobile homeowners who are subject to a rent increase. For purposes of providing notice of any rent increase and copies pursuant to this chapter and calculating the number of affected homeowners in support of a rent arbitration petition, each mobile home space subject to a rent increase shall be deemed to have only one affected homeowner. Reference to “all affected homeowners” shall mean one homeowner from each mobile home space subject to the proposed rent increase.
C. “Arbitrator” refers to a person who is appointed by the administrator, and is neither a homeowner, nor has an interest in a mobile home park of a nature that would require disqualification under the provisions of the Political Reform Act.
D. “Arms-length transaction” shall refer to a transaction negotiated by unrelated parties, each acting in his or her own self-interest, which serves as a basis for a fair return determination in this chapter.
E. “Base rent” means the authorized rent calculated pursuant to the provisions of Section 2.18.040, plus any rent increase allowed under this chapter, unless it is expressly excluded from base rent, plus any adjustment attributable to vacancy control as provided in Section 2.18.050.
F. “Capital improvements” means those new improvements, replacements, upgrades, or remodeling, which directly and primarily benefit and serve mobile home park homeowners by materially adding to the value of the property and appreciably prolonging its useful life or adapting it to new uses. Capital improvements consist of more than ordinary maintenance and/or repairs, and may be amortized over the useful remaining life of the improvement to the property.
Capital improvement costs shall include all costs reasonably and necessarily related to the planning, engineering, and construction of the improvement or replacement and shall include debt service costs, if any, incurred as a direct result of the capital improvement or replacement.
G. “City information sheet” is prepared by the city, and will provide information about the mobile home park rent stabilization ordinance and include the administrator’s contact information.
H. “Comparable space” means a mobile home space in the same mobile home park that is suitable for comparison, taking into account such characteristics as the location and size of the space, lot size, landscaping, adjacency to freeways, ocean views or amenities.
I. “Consumer Price Index” or “CPI” shall mean the Consumer Price Index for All Urban Consumers, San FranciscoOakland-San Jose region.
J. “Gross income” shall have the meaning set forth in Section 2.18.130.
K. “Homeowner” shall mean an existing mobile homeowner.
L. “Homeowner representative” shall mean a designated homeowner association (HOA) or its designee who shall have the authority to represent the interest of, negotiate on behalf of, and bind the homeowners.
M. “Housing service” shall mean a service or facility provided by the mobile home park owner related to the use or occupancy of a mobile home space, which is neither a capital improvement nor a substantial rehabilitation. 160
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
“Housing service” includes, but is not limited to, repairs (including street repairs), replacement, maintenance, landscaping, painting, lighting, heat, water, utilities, laundry facilities, refuse removal, recreational and meeting facilities, parking, security service, and employee services.
N. “Mobile home” has the same meaning as the definition of “mobilehome” defined in Civil Code Section 798.3, as it may be amended from time to time, or a successor code provision.
O. “Mobile homeowner” means a person who owns a mobile home and also rents a mobile home space in a mobile home park pursuant to a rental agreement that is not otherwise exempt from regulation under this chapter.
P. “Mobile home park” has the same meaning as the definition of “mobilehome park” defined in Civil Code Section 798.4, as it may be amended from time to time, or successor code section.
Q. “Mobile home park owner” means a park owner, lessor, or sublessor of a mobile home park in the city who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof and who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits, or deductions because of such ownership.
R. “Mobile home space” means any site within a mobile home park located in the city intended, designed, or used for the location or accommodation of a mobile home. “Mobile home space” includes any accessory structures or appurtenances attached to the mobile home or used in conjunction therewith.
S. “Net operating income” shall have the meaning set forth in Section 2.18.120.
T. “Operating expenses” shall have the meaning set forth in Section 2.18.140.
U. “Rent” means the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobile home park owner for or in connection with the use occupancy of a mobile home dwelling unit.
V. “Rent increase” means any additional rent demanded of, or paid by, a homeowner for mobile home space. “Rent increase” includes any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent.
W. “Rent stabilization administration fee” means a fee established by resolution of the city council in accordance with the provisions of Section 2.18.190.
X. “Substantial rehabilitation” means that work done by a mobile home park owner to a mobile home space or to the common areas of the mobile home park, exclusive of capital improvements, which has a value in excess of twenty thousand dollars, and is performed either to secure compliance with any state or local law, or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance or other benefits. Costs of substantial rehabilitation include all costs reasonably and necessarily related to the planning, engineering, and construction of the work. Such costs shall also include debt service costs incurred as a direct result of the substantial rehabilitation work, if any. (Ord. 1060 § 1 (Att. A), 2023)
2.18.030 Applicability. Revised 7/23
This chapter applies to every mobile home park within the city, except those to which an exemption applies. (Ord. 1060 § 1 (Att. A), 2023)
2.18.031 Exemptions. Revised 7/23
A. This chapter shall not apply to mobile home spaces that are subject to a written rental agreement exempt from regulation pursuant to Civil Code Section 798.17. This chapter shall also not apply to a newly constructed space exempt from regulation pursuant to Civil Code Sections 798.45 and 798.7.
B. These exceptions shall be effective only until the expiration or other termination of the rental agreement subject to the exception, whereupon all provisions of this chapter shall immediately be applicable to the mobile home space, unless the rental agreement meets the criteria of Civil Code Section 798.17. 161
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
C. This chapter shall not apply to any mobile home spaces that are exempt from local mobile home rent stabilization ordinances as required by law, including, but not limited to, Civil Code Section 798.21, and including but not limited to mobile home spaces that are not the principle residence of the mobile homeowner and mobile homeowner has not rented the mobile home to another party.
D. This chapter shall not apply to any mobile home parks that are owned by the mobile homeowners in the mobile home park, pursuant to Civil Code Section 799.1(a).
E. This chapter shall not apply to any mobile home space subject to any agreement that restricts rent increases in a manner that is more protective than this chapter. (Ord. 1060 § 1 (Att. A), 2023)
2.18.040 Stabilization of rents. Revised 7/23
A. It shall be unlawful to demand, accept, receive, or retain rent for a mobile home space in excess of the base rent plus any increases that are authorized by this chapter, unless an exemption applies.
B. Base Rent Calculation.
1. Except as provided herein, a mobile home park owner shall not demand, accept, or retain rent for a mobile home space exceeding the rent in effect for that space on May 25, 2023. In the event that a mobile home space was not occupied on May 25, 2023, the base rent for that mobile home space shall be the highest mobile home space rent charged by the mobile home park owner for a comparable space in the mobile home park on May 25, 2023, plus any rent increases allowed thereafter pursuant to this chapter.
2. If a mobile home space is exempted from the provisions of this chapter because it is the subject of a rental agreement pursuant to California Civil Code Section 798.17, and that agreement expires or is terminated by operation of law and is not renewed, then the base rent, until the next annual adjustment pursuant to this chapter, shall be the average of the three highest rents of comparable spaces on May 25, 2023, plus any rent increases allowed thereafter pursuant to this chapter.
3. It shall be presumed that the base rent yields a fair return.
C. A mobile home park owner may seek an adjustment to the initial base rent if it can be clearly established that an adjustment is necessary for the mobile home park owner to receive a fair return. In seeking an adjustment to the initial base rent under this section, the procedures set forth in Sections 2.18.080 and 2.18.090 shall apply.
The guidelines for determining an adjustment to the initial base rent are set forth in Section 2.18.150. (Ord. 1060 § 1 (Att. A), 2023)
2.18.050 Vacancy control – Establishment of a new base rent. Revised 7/23 A. A mobile home park owner shall be permitted to increase the space rent by up to 15 percent whenever a lawful vacancy occurs, and this amount shall be considered the new base rent for a mobile home space. For purposes of this chapter, “lawful space vacancy” shall mean:
1. A vacancy occurring because of the termination of the tenancy of a mobile homeowner in accordance with California Civil Code Sections 798.56 through 798.58; or
2. A vacancy occurring because of the abandonment of a mobile home pursuant to California Civil Code Section 798.61; or
3. A vacancy occurring due to sale of a mobile home on site to any mobile home park owner-approved purchaser, pursuant to California Civil Code Section 798.74.
B. Any alleged violation of this section shall be subject to arbitration pursuant to Section 2.18.090. (Ord. 1060 § 1 (Att. A), 2023)
2.18.060 Anniversary date. Revised 7/23
The anniversary date for all rent increases in the mobile home park owner’s park shall be established by city council resolution. Rent increases, if any, except as specified below, shall be enacted only on the anniversary date. The 162
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
mobile home park owner shall post the anniversary date in the park office or areas where it can easily be seen by homeowners. (Ord. 1060 § 1 (Att. A), 2023)
2.18.070 Rent increase limitations. Revised 7/23
A. As of the effective date of the ordinance codified in this chapter, no rent increases may be implemented within twelve months of the effective date of the preceding rent increase unless otherwise authorized under this chapter.
The permissible annual increase shall be the lesser of:
1. Five percent of the base rent plus one hundred percent of the preceding year’s annual average change in the Consumer Price Index; or
2. Ten percent of the base rent.
B. A mobile home park owner shall not implement any additional rent increase within a twelve-month period above the authorized amount pursuant to subsection A of this section, unless otherwise provided in this chapter.
C. In the event that a mobile home park owner wishes to implement a rent increase on the anniversary date or within a twelve-month period more than the amount permitted in subsection A of this section the procedures set forth in Sections 2.18.080 and 2.18.090 shall apply.
D. The arbitrator may reduce the proposed rent increases pursuant to subsection B or C of this section to a figure based on the evidence submitted by the mobile home park owner or the park owner representative to be a fair return.
E. Any notice of a rent increase shall be provided in writing to affected homeowners at least ninety days before any rent increase is to take effect. (Ord. 1060 § 1 (Att. A), 2023)
2.18.080 Information required from mobile home park owner. Revised 7/23 A. Within thirty days after the effective date of this chapter and upon the re-renting of each mobile home space thereafter, the mobile home park owner shall supply each affected homeowner or prospective homeowner with a copy of the city information sheet.
B. Whenever the mobile home park owner serves a notice of a proposed rent increase, except a notice of proposed rent increase implemented pursuant to Section 2.18.070(A), the mobile home park owner shall simultaneously serve a written notice that sets forth the following:
1. The amount of the rent increase both in dollars and as a percentage of existing rent and documentation supporting the proposed increase, including but not limited to: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the mobile home park owner’s debt service and the date and nature of the sale or refinancing transaction; a summary of the mobile home park owner’s net operating income of the preceding twenty-four months and other relevant information that supports the level of rent increase desired;
2. The availability of a current listing of all other affected homeowners and the spaces which they rent;
3. The address and telephone number of the administrator and statement that the homeowner is encouraged to contact the administrator for an explanation of this chapter;
4. A copy of the petition form prepared and provided by the administrator that initiates the rent review process established by this chapter;
5. The time and place for a mandatory meeting with the mobile home park owner and homeowners to be held on the mobile home park premises. The meeting shall be held within ten days from the service of the notice of proposed rent increase. The mobile home park owner and homeowner shall endeavor to resolve the dispute informally.
6. In the event the dispute is not resolved informally, the mobile home park owner shall, within ten days of the meeting required in subsection (B)(5) of this section, file with the administrator two copies of the notice and 163
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
summary of expenses required in subsection (B)(1) of this section, along with two copies of all relevant financial records, bills or documents that substantiate the proposed increase. This financial information shall be verified in writing by an auditor or certified public accountant or certified in writing as true and correct under penalty of perjury by the mobile home park owner. This information will be made available at City Hall for inspection and copying by the affected homeowners.
C. A mobile home park owner failing to provide any information, documents, or notices required by this section shall not be entitled to collect any rent increase that might otherwise be awarded by an arbitrator. Such failure shall also be a defense in any action brought by the mobile home park owner to recover possession of a mobile home space or to collect any rent increase from the homeowner.
D. An affected homeowner who is given notice of a rent increase is entitled to file a petition for rent review as provided in Section 2.18.090 regardless of whether the mobile home park owner has provided the affected homeowner with all the information, documents and notices required by this chapter. (Ord. 1060 § 1 (Att. A), 2023)
2.18.090 Rent dispute resolution process. Revised 7/23
A. If a rent increase is proposed pursuant to Section 2.18.070(B) and (C), then after service of the rent increase notice and the production of the accompanying information required by Section 2.18.080, the mobile home park owner shall set a time and place for an informational meeting with the homeowners on the mobile home park premises, or an alternative location with the agreement of the homeowners’ representative. The informational meeting shall be held within twenty days from the service of the notice of proposed rent increase. The mobile home park owner shall give affected homeowners and the administrator at least ten days’ advance written notice of this meeting.
B. Petition Procedures.
1. If discussions between the mobile home park owner and affected homeowners do not resolve the dispute, the homeowners or homeowner representative may file with the administrator a petition for rent review with a copy of the notice of rent increase within thirty days after receipt of the rent increase notice.
2. As soon as possible after a petition has been filed with respect to mobile home spaces that are within a mobile home park, the administrator shall, to the extent possible, consistent with the time limitations provided herein, consolidate petitions involving similarly situated affected homeowners.
3. Upon the filing of a petition, the rent increase shall not be implemented until and to the extent it is awarded by an arbitrator or until the petition is abandoned by the affected homeowners or the homeowner representative. “Abandoned” as used herein shall mean a failure to actively pursue the necessary steps to prepare the homeowners’ case for the arbitration.
C. Contents of Petition.
1. The petition for rent review shall: (a) set forth the total number of affected mobile home spaces in the mobile home park; (b) identify the name of the homeowners who occupy each space; and (c) state the date upon which the notice of the rent increase was received by the homeowner.
2. After obtaining the required signatures of affected homeowners, the homeowners shall deliver the petition or mail it by certified mail to the administrator at the following address: City of Capitola, 420 Capitola Avenue, Capitola, California 95010. No petition shall be accepted unless it is accompanied by the requisite number of signatures and is received in the office of the administrator within the thirty-day period set forth in subsection B of this section. The administrator shall provide a copy of the completed petition to the mobile home park owner and the arbitrator.
D. After the administrator has accepted a petition for rent review, the administrator shall remit to the mobile home park owner and petitioning homeowners or the homeowner representative an information questionnaire in such form as the administrator may prescribe. The completed information questionnaire must be returned to the administrator at least five business days prior to the date scheduled for hearing of the petition by the arbitrator. The administrator 164
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
shall provide copies of the completed information questionnaire to the arbitrator, the mobile home park owner, and the affected homeowners or the homeowner representative.
E. Upon receipt of a petition, or upon an affected homeowner’s claim of a vacancy control rent increase violation pursuant to Section 2.18.050, the administrator shall assign an arbitrator. The administrator shall set a date for the arbitration hearing. The mobile home park owner and all affected homeowners shall be notified immediately in writing by the administrator of the date, time, and place of the hearing either in person or by ordinary mail. Any documents to be presented at the hearing by either the park owner or the affected homeowners shall be served on the other party, the administrator, and the arbitrator at least ten working days before the hearing by mail or in-person delivery. All financial documents submitted shall be verified in writing by an auditor or certified public accountant, or certified in writing as true and correct under penalty of perjury by the mobile home park owner.
F. Arbitration Hearing.
1. The mobile home park owner and any affected homeowners, or their representatives, may appear at the hearing and offer oral and documentary evidence. The burden of proving that the amount of rent increase is reasonable shall be on the mobile home park owner by a preponderance of the evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
2. Any jurisdictional or procedural dispute regarding the process set forth herein may be decided by the arbitrator.
3. The arbitrator shall, within fourteen days of the conclusion of the hearing, submit by mail a written statement of decision and the reasons for the decision to the administrator. The administrator shall mail copies of the decision to the mobile home park owner and affected homeowners.
4. The decision of the arbitrator shall be final and binding upon the mobile home park owner and affected homeowners, and subject to the provisions of California Code of Civil Procedure Section 1094.5.
G. It is the intent of the council to have a final decision rendered within ninety days of the initial notice of the rent increase. The administrator or the arbitrator may, however, modify the time periods set forth herein at his or her discretion to promote the purposes of this chapter. (Ord. 1060 § 1 (Att. A), 2023)
2.18.110 Standards of review. Revised 7/23
A. The arbitrator shall determine whether rent increases proposed or imposed by the mobile home park owner are reasonable based upon the circumstances and this chapter. The arbitrator shall take into consideration that the purpose of this chapter is to permit mobile home park owners a just and reasonable return, while protecting homeowners from unnecessary or unreasonable rent increases.
B. The arbitrator shall not allow more than one rent increase per mobile home space per twelve-month period, unless a mobile home park owner can clearly establish that the rent increase is necessary to cover costs of operation, maintenance, capital improvements, and/or substantial rehabilitation not reasonably foreseeable at the time notice of the preceding rent increase was given.
C. Maintenance of Net Operating Income.
1. It shall be presumed that the base year net operating income adjusted by seventy-five percent of the increase or decrease in the CPI since the base year yields a fair return. Mobile home park owners shall be entitled to maintain and increase their net operating income in accordance with this section. The arbitrator shall make a determination of whether the mobile home park owner’s net operating income yields a fair return under this standard.
2. The formula for calculating the fair NOI return shall be as follows:
Fair NOI = Base Year NOI × (1 + 0.75) % preceding years’ annual average change in CPI
165
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
3. Except as provided in Section 2.18.150, it shall be presumed that the net operating income produced by the mobile home park during the base year provided a fair return.
4. Calendar year 2022 shall be established as the base year for purposes of determining whether a mobile home park owner’s net operating income provides a fair return. If a satisfactory base year is, in the arbitrator’s opinion, not otherwise available, such as where a mobile home park owner did not own the subject property in the base year and/or the 2022 operating expenses are not available, the arbitrator may take any relevant evidence into account to construct a base year.
5. The base year CPI shall be the CPI level in May 2022.
6. The percentage change in the CPI shall be calculated by using the preceding year’s average CPI prior to the noticed increase.
7. The comparison NOI year shall be the most recent calendar or fiscal year, unless another period is found by the arbitrator to be more appropriate.
D. A park owner may seek a rent increase based on the cost of a completed new capital improvement, as defined in Section 2.18.020, together with a reasonable return upon the capital improvement investment, only if the mobile home park owner has:
1. Established by written verification or other competent evidence to the satisfaction of the arbitrator that the costs of the new capital improvement are factually correct as claimed;
2. Cost factored and amortized the costs of the capital improvement over the good faith estimate of the remaining life of the improvement, but in no event for a period of less than sixty months; and
3. Allocated the increase among affected homeowners on a per space basis and separately itemized such increase on the rent bill. Such increases shall not be considered included in the base rent for purposes of the annual permissible rent increases pursuant to Section 2.18.070(A).
E. Mitigating Factors. In evaluating a rent increase, the arbitrator shall also consider the following factors in addition to any other factors the arbitrator deems relevant in order to determine whether there are any circumstances that may justify a reduction in a proposed rent increase:
1. In the event the mobile home park owner reduces or eliminates any housing services, a proportionate share of the cost savings due to such reduction or elimination shall be passed on in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed or permitted by this chapter.
2. The physical condition of the mobile home space or park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve months.
F. Notwithstanding any other provision to the contrary, no provision of this chapter shall be applied to prohibit the granting of a rent increase that is demonstrated to be necessary to provide a mobile home park owner with a fair and reasonable return. (Ord. 1060 § 1 (Att. A), 2023)
2.18.120 Net operating income. Revised 7/23
In evaluating a rent increase imposed by a mobile home park owner to maintain the mobile home park owner’s net operating income, “net operating income” (NOI) shall mean the gross income as defined in Section 2.18.130 of the mobile home park less the operating expenses as defined in Section 2.18.140. (Ord. 1060 § 1 (Att. A), 2023)
2.18.130 Gross income. Revised 7/23
For purposes of calculating the net operating income pursuant to Section 2.18.120, “gross income” shall mean the sum of the following:
A. Gross mobile home space rents, computed as gross space rental income at one hundred percent occupancy; plus 166
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
B. Other income generated as a result of the operation of the mobile home park, including, but not limited to, fees for services actually rendered; plus
C. Revenue received by a mobile home park owner from the sale of water, sewer, refuse collection, gas, and electricity to homeowners where such utilities or services are billed individually to the homeowners by the mobile home park owner. Such revenue shall equal the total cost of the utilities or services to the homeowners minus the amount paid by the mobile home park owner for such utilities or services to the utility or service provider; minus D. Uncollected mobile home space rents due to vacancy and bad debts to the extent that the same are beyond a mobile home park owner’s control. Uncollected mobile home space rents in excess of three percent of gross mobile home space rents shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. If uncollected mobile home space rents must be estimated, then the average of the preceding three years’ experience shall be used. (Ord. 1060 § 1 (Att. A), 2023)
2.18.140 Operating expenses. Revised 7/23
A. For purposes of calculating net operating income pursuant to Section 2.18.120, “operating expenses” may include:
1. Real property taxes and assessments.
2. Utility costs to the extent that they represent costs to the mobile home park owner which are not passed through to homeowners of the mobile home park.
3. Management expenses (including the compensation of administrative personnel, including the value of any mobile home space offered as part of compensation for such services), reasonable and necessary advertising to ensure occupancy, legal and accounting services as permitted herein, and other managerial expenses.
Management expenses are presumed to be not more than five percent of gross income, unless established otherwise.
4. In addition to the management expenses listed above, if the mobile home park owner performs managerial or maintenance services which are uncompensated, the mobile home park owner may include the reasonable value of such services or operating expenses. Mobile home park owner-performed labor shall be limited to five percent of gross income unless the arbitrator finds that such a limitation would be substantially unfair in a given case. A mobile home park owner must devote substantially all of the mobile home park owner’s time, that is, at least forty hours per week, to performing such managerial or maintenance services in order to warrant the full five percent credit as an operating expense. No credit for such services shall be authorized unless a mobile home park owner documents the hours utilized in performing such services and the nature of the services provided.
5. Normal repair and maintenance expenses for the grounds and common facilities, including but not limited to landscaping, cleaning, and repair of equipment and facilities.
6. Operating supplies such as janitorial supplies, gardening supplies, and stationery.
7. Insurance premiums prorated over the life of the policy.
8. Other taxes, fees, and permits, except as provided in Section 2.18.190.
9. Reserves for replacement of long-term improvements or facilities, provided that accumulated reserves shall not exceed five percent of gross income.
10. A mobile home park owner may include the cost of necessary capital improvement or substantial rehabilitation expenditures which would exceed existing reserves for replacement. A necessary capital improvement shall be an improvement required to maintain the common facilities and areas of the mobile home park in a decent, safe, and sanitary condition or to maintain the existing level of mobile home park amenities and services. In the event that the necessary capital improvement or substantial rehabilitation expenditure is necessitated as the result of an accident, disaster, or other event for which the mobile home park owner 167
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
received insurance or other benefits, only those costs otherwise allowable and exceeding such benefits may be calculated as operating expenses.
Expenditures for necessary capital improvements to upgrade existing facilities, together with a reasonable return upon the capital improvement investment made by the mobile home park owner, shall be an allowable operating expense only if the park owner has:
a. Informed the affected homeowners prior to initiating construction or implementation of the capital improvement regarding the nature, purpose and estimated cost of the improvement; and b. Established by written verification or other competent evidence to the satisfaction of the arbitrator that the costs of capital improvement provided to the homeowners for their general use are factually correct as claimed; and
c. Cost factored and amortized the costs of the improvement over the good faith estimate of the remaining life of the improvement, but in no event for a period of less than sixty months; and d. Allocated the increase among affected homeowners on a per space basis and separately itemized such increase on the rent bill. Such increases shall not be considered included in the base rent for purposes of the annual permissible rent increases pursuant to Section 2.18.070(A).
11. Increases in interest payments which result from one of the following situations or the equivalent thereof:
a. Refinancing of the outstanding principal owed for the acquisition of a park where such refinancing is mandated by the terms of a financing transaction entered into prior to May 25, 2023; for instance, termination of a loan with a balloon payment; or
b. Increased interest costs incurred as a result of a variable interest rate loan used to finance the acquisition of the park and entered into prior to May 25, 2023.
c. In the event that the mobile home park is financed as part of a multi-asset portfolio, the allowable increase in interest costs shall be limited to the amount reasonably attributable to the mobile home park or mobile home parks located in the city, based on the percentage of total asset value or such allocation established in loan documents.
d. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the mobile home park owner can show that the terms of the refinancing were reasonable and consistent with prudent business practices under the circumstances.
B. “Operating expenses” shall not include the following:
1. Debt service expenses, except as provided in subsection (A)(11) of this section;
2. Depreciation;
3. Any expense for which the mobile home park owner is reimbursed; or
4. Attorneys’ fees and costs (except printing costs and documentation as required by Section 2.18.080) incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this chapter.
C. Whenever a particular expense exceeds the normal industry or other comparable standard, the mobile home park owner shall bear the burden of proving the reasonableness of the expense. To the extent that the arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard. (Ord. 1060 § 1 (Att. A), 2023)
168
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.18.150 Special base year NOI/base rent adjustments. Revised 7/23 A. Mobile home park owners may obtain a one-time special adjustment to the base year NOI and/or base rent dates if the mobile home park owner rebuts the presumption that the base year NOI and/or base rent date yielded a fair return. The arbitrator shall not make such a determination unless the arbitrator has first made at least one of the following findings:
1. That the mobile home park owner’s operating expenses in the base year were unusually high or low in comparison to the three years prior to the base year. The average expenses for this period shall be presumed to reflect reasonable average annual expenses and the average of such expenses shall be used to calculate and adjust the base year NOI.
In determining whether the park owner’s operating expenses were unusually high or low, the arbitrator shall consider whether:
a. The park owner made substantial capital improvements during the base year, which were not reflected in the rent levels on the base rent date.
b. Substantial repairs were made due to uninsured damage caused by fire, natural disaster or vandalism. c. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services.
d. Other expenses were unreasonably high or low notwithstanding the following of prudent business practice.
2. That the rent was disproportionate due to one of the enumerated factors below:
a. The rent on the base date was exceptionally high or low due to the fact that the rent was not established in an arms-length transaction.
b. The rent on the base rent date was substantially higher or lower than at other times of the year by reason of premiums being charged or rebates given for reasons unique to particular spaces.
B. If the circumstances specified in subsection (A)(2) of this section are demonstrated, the base rent date shall be adjusted to reflect the rent that would have been received if the base rent date had been set under general market conditions. In making this adjustment, the arbitrator shall utilize the median rent in effect on the base rent date, or a good faith estimate of such median rent, for comparable spaces within the mobile home park or, if necessary, other comparable parks. Comparability shall be judged based on the location of the park, services, amenities provided, ocean views, lot size, landscaping, and other relevant factors. (Ord. 1060 § 1 (Att. A), 2023)
2.18.160 Obligations of the parties. Revised 7/23
A. After the mobile home park owner’s proposed effective date of a noticed rent increase, if the arbitrator finds that the proposed increase or any portion thereof that was previously inoperative is justified, all affected homeowners shall pay the amount found justified to the mobile home park within thirty days after the decision is made.
B. If the arbitrator finds that an increase or any portion thereof is not justified, the mobile home park owner shall refund any amount found to be unjustified, but that had been paid, to all affected homeowners within ninety days of the arbitrator’s decision. In the event that the tenancy of an affected homeowner is terminated for any reason prior to receipt of a refund, the balance of the credit due the homeowner shall be paid by the mobile home park owner within thirty days from the date of the termination of the tenancy.
C. Any sum of money that under the provisions of this section is the obligation of the mobile home park owner or homeowner to pay, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this section, may be collected in any manner provided by law for the collection of debts. (Ord. 1060 § 1 (Att. A), 2023)
2.18.170 Homeowner’s right of refusal. Revised 7/23
An affected homeowner may refuse to pay any increase in rent which is in violation of this chapter, provided a petition has been filed and either no final decision has been reached by an arbitrator or the increase has been 169
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
determined to violate the provisions of this chapter. Such right of refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect the rent increase. (Ord. 1060 § 1 (Att. A), 2023)
2.18.180 Retaliatory acts – Homeowner’s right to organize. Revised 7/23 No mobile home park owner may retaliate against a homeowner, homeowner representative, or prospective homeowner for the assertion or exercise of rights under this chapter in any manner. This includes, but is not limited to, threatening to bring or bringing an action to recover possession of a mobile home space, engaging in any form of harassment that causes a homeowner to quit the premises, dissuading a prospective homeowner from freely exercising the homeowner’s legal option to choose a tenancy of a shorter term, decreasing housing services, increasing the mobile home space rent, or imposing or increasing a security deposit or any other charge payable by a homeowner. (Ord. 1060 § 1 (Att. A), 2023)
2.18.190 Fees. Revised 7/23
A. The city is authorized to impose a rent stabilization administration fee (“fee”) chargeable against each mobile home space in the city subject to this chapter. The administrator may recommend to the city from time to time the amount of the fee and the council may adopt such fee by resolution at a public hearing.
B. Within sixty days of the adoption of the ordinance codified in this chapter, each mobile home park owner in the city shall register with the city. The mobile home park owner shall provide the name and address of the mobile home park owner, and the current rent roll for all spaces which shall identify: (1) the length of the lease term for each space; (2) the expiration of the lease term for each space; (3) current rents and other fees or charges that are received by the mobile home park owner itemized per mobile home space; (4) the number of mobile home spaces, including both occupied and unoccupied spaces, contained in that mobile home park owner’s mobile home park; and (5) the mobile home park owner’s determination of comparable spaces in the mobile home park, along with a description of how the spaces are comparable. The provision of the information required by this subsection B must also be made immediately upon change of ownership of the mobile home park, or an increase or a decrease in the number of spaces available at a mobile home park owner’s mobile home park. (Ord. 1060 § 1 (Att. A), 2023)
2.18.200 Remedies and waiver of rights. Revised 7/23
A. In the event that a mobile home park owner demands, accepts, receives, or retains any payment in excess of the amounts allowed under this chapter, the homeowner may file a civil suit against the mobile home park owner. A mobile home park owner who demands, accepts, receives, or retains any payment of rent in excess of the amounts allowed under this chapter shall be liable to the homeowner in the amount by which the payment or payments have exceeded the allowable rent. In such a case, the rent shall be adjusted to reflect the lawful rent pursuant to this chapter.
B. A mobile home park owner who willfully demands, accepts, or retains any payment of rent in violation of the provisions of this chapter shall be liable in a civil action to the person from whom payment is demanded, accepted or retained for damages in the sum of three times the amount by which payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted or retained. A prevailing homeowner in a civil action brought to enforce this chapter shall be awarded reasonable attorneys’ fees and costs as determined by the court. No administrative remedy need be exhausted prior to filing suit pursuant to this section.
C. The remedies available in this chapter are not exclusive and may be used cumulatively with any other remedies available in this chapter or at law.
D. Waiver of Rights.
1. Any waiver or purported waiver by a homeowner of rights granted under this chapter prior to the time when said rights may be exercised shall be void as contrary to public policy, except as provided in this section. It shall be unlawful for a mobile home park owner to require or attempt to require, as a condition of tenancy in a mobile home park, a homeowner, or prospective homeowner, to waive, in a lease or rental agreement, the rights granted to a homeowner by this chapter.
2. It shall be unlawful for a mobile home park owner to deny or threaten to deny a tenancy in a mobile home park to any person on account of such person’s refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a tenant by this chapter. 170
Item 9 D.
Capitola Municipal Code
Chapter 2.18 MOBILE HOME PARK RENT
STABILIZATION
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
3. Nothing in this section shall preclude a mobile homeowner or tenant, or prospective homeowner, from entering into a lease or rental agreement; provided, that such lease or rental agreement is not procured by a requirement that it be entered into as a condition of tenancy in the mobile home park, and is not procured under a threat of denial of tenancy in the mobile home park. (Ord. 1060 § 1 (Att. A), 2023)
2.18.210 Rights of affected parties reserved. Revised 7/23 A. This chapter shall not be construed to limit or curtail any other action or proceeding which may be pursued by an affected homeowner or mobile home park owner before any court or other body having jurisdiction thereof.
B. Defense to Action for Recovery of Possession.
1. A mobile home park owner’s failure to comply with any of the provisions of this chapter or any regulations promulgated hereunder shall serve as a complete affirmative defense in any action brought to recover possession of a mobile home space.
2. A homeowner’s refusal to pay rent in excess of the amount allowed under this chapter shall be a complete affirmative defense in any action brought to: (a) recover possession of a mobile home space for nonpayment of rent; or (b) collect rent in excess of the amount allowed under this chapter. (Ord. 1060 § 1 (Att. A), 2023)
2.18.220 Extension of time limits. Revised 7/23
By written agreement of the parties, or for good cause shown to the arbitrator, the time frames provided for under this chapter may be extended. (Ord. 1060 § 1 (Att. A), 2023)
2.18.230 Regulations. Revised 7/23
The city council may issue rules and regulations as necessary to further the purpose of this chapter. If any portion of this chapter is declared invalid or unenforceable by decision of a court of competent jurisdiction or rendered invalid or unenforceable by law, the city council shall have the authority to enact replacement regulations consistent with the intent and purpose of the invalidated or unenforceable provisions of this chapter to the extent necessary to resolve any inconsistency. The subject matter of such replacement regulations shall be limited to the matters addressed in this chapter. (Ord. 1060 § 1 (Att. A), 2023) 171
Item 9 D.
Capitola Municipal Code
Chapter 2.20 HEALTH OFFICER
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.20
HEALTH OFFICER
Sections:
2.20.010 Designated.
2.20.020 Arrest power.
2.20.010 Designated.
The health officer of the county together with his or her delegated subordinates are designated as the health officer of the city and empowered to carry out all responsibilities of the health officer of the city as set forth in the city code or enumerated by ordinance. (Ord. 400 (part), 1976)
2.20.020 Arrest power.
The health officer and his or her delegated subordinates, pursuant to the provisions of Section 836.5 of the Penal Code of the state of California may arrest a person who has committed a misdemeanor in his or her presence which is a violation of an ordinance, statute, or law, enforcement of which is under the administration of the health officer.
Upon making such an arrest, the health officer or his or her delegated subordinate shall release the person arrested pursuant to Section 853.6 of the Penal Code, the provisions of which are adopted by reference as part of this section. (Ord. 400 (part), 1976)
172
Item 9 D.
Capitola Municipal Code
Chapter 2.24 CONFLICT OF INTEREST
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.24
CONFLICT OF INTEREST
Sections:
2.24.010 Adoption.
2.24.020 Definitions.
2.24.030 Applicability.
2.24.040 Disclosure requirements.
2.24.050 Circumstances requiring disqualification.
2.24.055 Acceptance of employment prohibited.
2.24.060 Copy filed.
2.24.010 Adoption.
In compliance with Section 87300 of the Government Code, the city council adopts this conflict of interest ordinance. (Ord. 405 § 1, 1976)
2.24.020 Definitions.
Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974 (Government Code Section 81000) and regulations adopted pursuant hereto are incorporated into this conflict of interest code. (Ord. 405 § 5, 1976)
2.24.030 Applicability.
This conflict of interest ordinance shall be applicable to members of the city council, whether acting as council members or as members of any city board or commission. (Ord. 405 § 2, 1976)
2.24.040 Disclosure requirements.
Members of the city council are required, pursuant to Government Code Section 87200, to disclose investments, interest in real property and income. No other or no additional disclosure requirements are imposed by this conflict of interest ordinance. (Ord. 405 § 3, 1976)
2.24.050 Circumstances requiring disqualification.
Any member of the city council must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any economic interest, as defined in Government Code Section 87103. No member shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. (Ord. 405 § 4, 1976)
2.24.055 Acceptance of employment prohibited.
A member of the city council, planning commission or architectural and site review committee shall not solicit employment relative to a project which has previously come before that member’s council, commission or committee for hearing. (Ord. 847 § 1, 2003)
2.24.060 Copy filed.
The city clerk is directed to forward a certified copy of the ordinance codified in this chapter to the Fair Political Practices Commission. (Ord. 405 § 6, 1976)
173
Item 9 D.
Capitola Municipal Code
Chapter 2.28 PUBLIC MUSEUM
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.28
PUBLIC MUSEUM
Sections:
2.28.010 Museum.
2.28.015 Board.
2.28.020 Museum board of trustees.
2.28.030 Board – Duties.
2.28.040 Board – Meetings.
2.28.050 Board – Officers.
2.28.060 Entry fee.
* Prior ordinance history: Ord. 301.
2.28.010 Museum.
The city’s public museum of natural and historical objects shall be administered as set forth in this chapter. (Ord. 735 (part), 1992)
2.28.015 Board.
The museum board of the city shall hereafter be established as set forth in this chapter. (Ord. 735 (part), 1992)
2.28.020 Museum board of trustees.
A. The museum board of trustees shall consist of seven members.
B. Members of the museum board of trustees shall be appointed by the mayor, subject to the approval of three city council members including the mayor.
C. Term of Office. Members of the museum board of trustees shall serve three-year terms. The terms of the museum board of trustees shall be staggered with three members serving a coextensive term and the other four members serving another coextensive term. Terms shall expire on the second Thursday of June in the year of term expiration.
D. Members of the museum board of trustees shall serve at the pleasure of the city council, and therefore may be removed from office, without cause, and at any time, by the affirmative vote of three city council members. Where a vacancy arises in the board membership prior to a term expiration, the mayor may appoint a person to fill that vacancy for the remainder of the unexpired term in accordance with this section.
E. The city council may, by resolution, establish a recruitment process for individuals who may wish to apply for appointment to the museum board of trustees. (Ord. 836 § 2, 2002)
2.28.030 Board – Duties.
The duties of the board are:
A. To advise the city council and the city manager on the following and related items: financial affairs of the museum; general museum administration; formulation of long term museum plans; formulation of written policies for acquisition by the city of museum objects; and steps that can be taken to bring about a better understanding and appreciation by the Capitola community of its history, architecture, culture, technology, and its creative and natural environment through the promotion of the city’s museum and allied projects; B. To establish the ethical standards of the Capitola Historical Museum for collecting; C. To monitor museum finances;
D. To serve as trustees of any trust formed to receive and disburse funds collected solely for museum purposes; E. To prepare reports, if any, which are appropriate under Government Code Section 37557; 174
Item 9 D.
Capitola Municipal Code
Chapter 2.28 PUBLIC MUSEUM
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
F. To accept donations of museum objects and receive museum objects on loan; G. To recruit and supervise volunteers. (Ord. 735 (part), 1992)
2.28.040 Board – Meetings.
The board of trustees shall meet in accord with the Brown Act and the board’s bylaws. (Ord. 735 (part), 1992)
2.28.050 Board – Officers.
The board shall elect a president, vice-president, secretary and treasurer. Officers shall serve one year and until successors are elected. In the absence of the president, the vice-president shall act as president pro tem. (Ord. 735 (part), 1992)
2.28.060 Entry fee.
Subject to the rules and regulations of the board, the museum shall be free to the inhabitants and nonresident taxpayers of the city. (Ord. 735 (part), 1992)
175
Item 9 D.
Capitola Municipal Code
Chapter 2.32 PEACE OFFICER TRAINING
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.32
PEACE OFFICER TRAINING
Sections:
2.32.010 Qualification.
2.32.020 Standards adherence.
2.32.010 Qualification.
The city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of Title 4, Part 4 of the Penal Code. (Ord. 291 § 1, 1967)
2.32.020 Standards adherence.
Pursuant to Section 13522 of Chapter 1 of the Penal Code, the city while receiving aid from the state pursuant to said Chapter 1 will adhere to the standards for recruitment and training established by the California Commission on Peace Officers Standards and Training. (Ord. 291 § 2, 1967) 176
Item 9 D.
Capitola Municipal Code
Chapter 2.40 UNCLAIMED PROPERTY
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.40
UNCLAIMED PROPERTY
Sections:
2.40.010 Return to owner.
2.40.020 Sale at auction.
2.40.030 Destruction when no bids received.
2.40.010 Return to owner.
All personal property coming into the possession of the police department, by under and through the exercise of the proper duties and functions of the police department shall be returned to and delivered to the rightful owners thereof upon presentation of proof of identity and right of possession and ownership. (Ord. 92 § 1, 1955)
2.40.020 Sale at auction.
All unclaimed personal property coming into the possession of the police department shall from and after the effective date of the ordinance codified in this chapter be dealt with in the following manner:
A. Such unclaimed property shall be held in the possession of the police department for a period of not less than six months;
B. On or after the expiration of six months such property shall be sold at public auction to the highest bidder; and C. Notice of such sale shall be given by the chief of police of the police department at least five days before the time fixed for such sale by publication once in a newspaper of general circulation published in the county. Such notice shall specify the date, hour and place at which such sale shall be conducted. At such sale the chief of police shall deliver possession of such property to the highest bidder therefor and shall receive the sum so paid and issue his or her receipt therefor. All moneys so received shall be paid to the treasurer of the city.
D. Nothwithstanding the foregoing, property with a value, estimated by the chief of police, to be not in excess of five hundred dollars may be sold at other than auction in the following circumstances:
1. If the property is of a variety which either cannot be legally sold to the general public, or there are public policy reasons for not doing so, or
2. The expenses of conducting the auction would exceed the probable return.
In such cases property may be sold or exchanged to prospective purchasers who, in the determination of the chief of police, are likely to pay as much for the property as could be expected through reasonable alternative procedures.
Such property may not, however, be sold to any city employee or spouse, child, or parent of a city employee. (Ord. 633 § l, 1987; Ord. 92 § 2, 1955)
2.40.030 Destruction when no bids received.
In the event that property is not disposed of pursuant to the proceeding section, then the chief of police is authorized and directed to destroy such property. (Ord. 633 § 2, 1987; Ord. 92 § 3, 1955) 177
Item 9 D.
Capitola Municipal Code
Chapter 2.44 PERSONNEL SYSTEM
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
Chapter 2.44
PERSONNEL SYSTEM
Sections:
2.44.010 Adopted.
2.44.020 Definitions.
2.44.030 Personnel officer.
2.44.040 Repealed.
2.44.050 Repealed.
2.44.060 Exempted employees.
2.44.062 Exempted officials.
2.44.070 Rules adoption and amendment.
2.44.080 Appointments.
2.44.090 Probationary period.
2.44.100 Continuation of employment.
2.44.110 Repealed.
2.44.120 Disciplinary action.
2.44.130 Appeal.
2.44.140 Layoff and reemployment.
2.44.150 Political activity.
2.44.160 Discrimination prohibited.
2.44.170 Right to contract for special service.
2.44.180 Effective date.
2.44.190 No conflict with federal or state law.
2.44.200 Preemption.
2.44.010 Adopted.
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness, and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted. (Ord. 988 § 1 (part), 2014: Ord. 381 § 1, 1974)
2.44.020 Definitions.
As used in this chapter, the following terms shall be defined as indicated:
A. “Appointing authority” means the city manager, who is the appointing authority of employees in the competitive service; provided, however, the city manager may delegate in writing the appointing authority to any department head.
B. “Class” means all positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.
C. “Competitive service” means all positions of employment in the service of the city except those specifically excluded by this chapter.
D. “Days” means calendar days unless otherwise stated.
E. “Demotion” means the movement of an employee from one class to another class having a lower maximum rate of pay.
F. “Employment list” means a list of names of persons who may be considered for employment with the city under specified conditions.
G. “Examination” means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.
178
Item 9 D.
Capitola Municipal Code
Chapter 2.44 PERSONNEL SYSTEM
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
H. “Layoff” means the separation of employees from the active workforce due to lack of work or funds, or to the abolition of positions by the city council for the above reasons, or due to organizational changes.
I. “Position” means a group of duties and responsibilities in the competitive service requiring the full-time or parttime employment of one person.
J. “Probationary period” means a working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she is appointed by actual performance of the duties of the position.
K. “Promotion” means the movement of an employee from one class to another class having a higher maximum rate of pay.
L. “Provisional appointment” means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.
M. “Reinstatement” means the reemployment without examination of a former regular employee or probationary employee.
N. “Suspension” means the temporary separation from the service of an employee without pay, for disciplinary purposes.
O. “Transfer” means a change of an employee from one position to another position in the same class or in a comparable class.
P. “Regular” means a position in the competitive service that is, regardless of the number of hours worked per week, intended to be continuous and uninterrupted (except for authorized or unpaid leave) and receives benefits. Positions intended to be seasonal, of a limited term, on call only, emergency, intermittent, substitute or on any other irregular basis are not “regular.” (Ord. 988 § 1 (part), 2014: Ord. 829 § 1, 2001; Ord. 381 § 2, 1974)
2.44.030 Personnel officer.
The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him or her as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.44.170. The personnel officer shall:
A. Act as the appointing authority for the city;
B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules; D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council; E. Have the authority to discipline employees in accordance with this chapter and the personnel rules of the city; F. Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving of applications therefor, the conducting and grading of tests, and the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service. (Ord. 988 § 1 (part), 2014: Ord. 381 § 3, 1974)
2.44.040 Personnel board – Designated.
Repealed by Ord. 988. (Ord. 381 § 4, 1974)
2.44.050 Personnel board – Duties.
Repealed by Ord. 988. (Ord. 381 § 5, 1974)
179
Item 9 D.
Capitola Municipal Code
Chapter 2.44 PERSONNEL SYSTEM
The Capitola Municipal Code is current through Ordinance 1061, passed June 22, 2023. 4881-8344-5129 v1
2.44.060 Exempted employees.
The provisions of this chapter apply to all employees in the service of the city, except:
A. The city manager and any assistant city manager;
B. Any department head, including the chief of police, whose first date of employment is July 1, 2001, or after; C. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood, or earthquake;
D. Employees who are not “regular” (as defined in Section 2.44.020(P)) employees. (Ord. 988 § 1 (part), 2014: Ord. 829 § 2, 2001; Ord. 381 § 6, 1974)
2.44.062 Exempted officials.
The provisions of this chapter do not apply to any of the following:
A. Elective officers;
B. Members of appointive boards, commissions, and committees; C. Persons engaged under contract to supply expert, professional, technical or any other services; D. Volunteer personnel;
E. City attorney, whether or not he or she is an employee. (Ord. 988 § 1 (part), 2014: Ord 829 § 3, 2001)
2.44.070 Rules adoption and amendment.
Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council, and at least five days prior to city council consideration.
The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the city council.
Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including:
A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; B. Public announcement of all tests and acceptance of applications for employment; C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
D. Certification and appointment of persons from employment lists and the making of provisional appointments; E. Establishment of probationary periods;
F. Evaluation of employees during the probationary period; G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
H. Separation of employees from the city service;
I. The establishment of adequate personnel records;
J. The establishment of appeal procedures concerning the interpretation of application of this chapter and any rules adopted under this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 7, 1974) 180
Item 9 D.
Capitola Municipal Code
Chapter 2.44 PERSONNEL SYSTEM