Agenda packet — Capitola City Council, March 28, 2024

REVISED 3/28/2024 4:00 PM
City of Capitola
City Council Meeting Agenda
Thursday, March 28, 2024 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Kristen Brown
Vice Mayor: Yvette Brooks
Council Members: Joe Clarke, Margaux Morgan, Alexander Pedersen Closed Session – 5:30 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: Capitola Wharf Buildings, 1400 Wharf Road (APN: 034-072-01) City Negotiator: Jamie Goldstein, City Manager
Negotiating Parties: JFS Incorporated (dba Capitola Boat and Bait) Under Negotiation: Price and terms of payment
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 Joe Clarke, Margaux Morgan, Alexander Pedersen, Yvette Brooks, and Mayor Kristen Brown.

2. Additions and Deletions to the Agenda

3. Report on Closed Session

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

A. Item 7I - Updated Staff Report & Attachment
B. Item 8A - Updated Attachment
C. Item 8B - Correspondence Received

5. Oral Communications by Members of the Public
Oral Communications allows time for members of the Public to address the City Council on any “Consent Item” on tonight’s agenda, or on any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” section of the Agenda. Members of the public may speak 1 City Council Meeting Agenda – March 28, 2024
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for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.

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

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

A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on March 14, 2024.

B. City Check Registers
Recommended Action: Approve check registers dated March 8, 2024, and March 15, 2024.

C. Special Events and Park Regulations
Recommended Action: Adopt an ordinance of the City of Capitola repealing and replacing Capitola Municipal Code Chapter 9.36 “Special Events” and Chapter 12.40 “Park Regulations” to create a comprehensive permitting system for public assemblies, events, and use of City property.

D. Capitola Road Pavement Rehabilitation Project Completion Recommended Action: 1) Accept as complete the Capitola Road Pavement Rehabilitation Project constructed by the McKim Corporation; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $80,060.04 as prescribed in the contract.

E. City Hall and Police Department Backup Generator Project Completion Recommended Action: 1) Accept as complete the City Hall and Police Department Backup Generator completed by Triad Electric, Inc.; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $11,009.34 as prescribed in the contract.

F. Temporary/Seasonal Completion Bonus Offer
Recommended Action: Authorize a $100 signing bonus and $400 completion bonus for those temporary/seasonal employees who work at least 300 hours as part of the 2024 summer lifeguard season.

G. Annual Cleanup Day Resolution
Recommended Action: Adopt a resolution declaring the second Saturday in May as an annual Santa Cruz County-wide Cleanup Day.

H. Santa Cruz Mile Buoy
Recommended Action: Authorize the Mayor to sign a letter of opposition to the United States Coast Guard’s proposed removal of the Santa Cruz Lighted Whistle Buoy, aka “Mile Buoy.” I. Proposed Expansion of Marine Protected Areas
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Recommended Action: Authorize the Mayor to sign a letter opposing, unless amended, the petition pending at the California Fish and Game Commission, which modifies the California Marine Protected Areas Network to expand the Natural Bridges State Marine Reserve and establish a new Marine Protected Area at or near Pleasure Point.

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

A. Resolution Adopting Parks Policy
Recommended Action: Adopt a resolution adopting a City Parks Use Policy and direct staff to return to the City Council with amendments to the fee schedule to reflect proposed park use fees.

B. Automated License Plate Reader Cameras
Recommended Action: Authorize the City Manager to execute a 24-month Master Services Agreement for the lease of 10 Automated License Plate Reader cameras from Flock Group, Inc. (Flock) in an amount not to exceed $68,350 ($36,350 at signing and annual recurring at $32,000).

C. Park at Rispin Mansion 2024
Recommended Action: Authorize the City Manager to execute a Public Works Agreement with Betz Works for the Rispin Mansion Park Project in an amount not to exceed $949,000.

9. Adjournment - The next regularly scheduled City Council meeting is on April 11, 2024, at 6:00 PM.
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How to View the Meeting
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
How to Provide Comments to the City Council
Members of the public may provide public comments to the City Council in-person during the meeting.

If you are unable to attend in-person, please email your comments to [email protected] and they will be included as a part of the record for the meeting. Please be aware that the City Council will not accept comments via Zoom.
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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. 4 Memo
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Staff revised language in the Agenda Report and Draft Letter Attachment of Item 7 I. for the March 28, 2024 City Council Meeting. Corrections were made to the terms of Marine Conservation Area, Marine Protected Area, and State Marine Reserve within the document texts.

PUBLIC WORKS DEPARTMENT
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Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Public Works Department
Subject: Proposed Expansion of Marine Protected Areas
Recommended Action: Authorize the Mayor to sign a letter opposing, unless amended, the petition pending at the California Fish and Game Commission, which modifies the California Marine Protected Areas Network to expand the Natural Bridges State Marine Reserve and establish a new Marine Protected Area at or near Pleasure Point.

Background: In 2023, a petition was submitted to the California Fish and Game Commission by the Environment California Research and Policy Center, a nonprofit political organization that lobbies for environmental legislation, and Azul, a Bay Area-based ocean conservation non-governmental organization, to modify the California Marine Protected Area Network to provide enhanced protections for the state's resilient kelp forests. The proposal includes the expansion of Natural Bridges State Marine Reserve (SMR) and the establishment of a no-take new Marine Protected Area (MPA) at or near Pleasure Point.

During the City Council meeting held on March 14, 2024, Mayor Brown requested that staff draft a letter expressing opposition to the expansion of the Natural Bridges SMR and establishment of a new MPA at or near Pleasure Point for the City Council's consideration.

Discussion: In the petition, Environment California has also proposed the creation of a Pleasure Point State Marine Conservation Area (MCA) as an alternative to an MPA. This alternative would allow for recreational hook-and-line fishing and spearfishing, striking a balance between kelp forest protection and recreation and low-impact subsistence fishing.

Staff recommends submitting the attached letter to the California Fish and Game Commission opposing the current petition, unless amended to propose a new MCA rather than MPA near Pleasure Point, preserving recreational activities while promoting environmental sustainability.

Fiscal Impact: None.

Attachments:

1. Draft Letter
Report Prepared By: Erika Senyk, Environmental Projects Manager Reviewed By: Julia Gautho, City Clerk, Jessica Kahn, Public Works Director Approved By: Jamie Goldstein, City Manager
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420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
California Fish and Game Commission
P.O. Box 944209
Sacramento, CA 94244-2090
March 28, 2024
Opposition to Proposed Modifications to the California Marine Protected Area Network Dear President Sklar and Honorable Commissioners,
I am writing to express our opposition to the Environment California Research & Policy Center’s petition to modify the California Marine Protected Areas Network to expand the Natural Bridges State Marine Reserve and establish a new Marine Protected Area (MPA) at or near Pleasure Point, unless the petition is amended to allow for recreational hook-and-line fishing and spearfishing.

While we recognize the critical importance of nearshore kelp forests and the Marine Life Protection Act’s adaptive management process, we believe the current proposal unfairly restricts access to public resources. Recreational fishing is a popular activity in northern Monterey Bay, and the proposed expansion would hinder the ability of residents and visitors to enjoy this coastal area.

Moreover, the expansion plan raises concerns about the economic impact on Santa Cruz County. Surfing, diving, and fishing are major draws for tourism, generating revenue for local businesses. Restricting access to these activities could negatively affect the economic well-being of our community.

In conclusion, we oppose the current petition to propose a new Pleasure Point State Marine Reserve unless amended to allow for recreational hook-and-line fishing and spearfishing. We urge you to consider the importance of this amendment, which would effectively balance kelp forest protection with the needs of our community.

We remain committed to collaborating with you to find a solution that safeguards the marine environment while ensuring continued public access and economic prosperity for Santa Cruz County.

Thank you for your time and consideration.

Sincerely,
Kristen Brown, Mayor
City of Capitola
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1 Gautho, Julia
From: Dean Cutter <[email protected]>
Sent: Thursday, March 28, 2024 1:18 PM
To: City Council; Dean Cutter
Subject: Please read at City Council tonite
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Capitola City Council,
Re: Wharf Plans and Fishing Ban
I was in attendance last month when the overflow crowd appeared at the city council meeting regarding the future of our wharf. A majority spoke in favor of recreating the fishing shop and the fishing boat rentals. It was very emotional and heartfelt. However, if the proposed fishing ban in our area is passed the bait shop and boats might be a moot point. Until it is determined whether fishing will be against the law here it seems like plans to rebuild our facilities are premature.

The purported purpose of the fishing ban is to protect our kelp forests, though the health of our local kelp beds is considered to be among the healthiest in the state. I’ve emailed the principals of this ban asking how fishing is affecting our kelp forests. Specifically, I asked if we should be releasing certain species of fish that preserve the kelp. I have not received a response other than, “We are a small but scrappy environmental group working hard in many areas…” I have devoted much of my life to environmental causes but I fail to see how fishing off your surfboard or rental boat will ruin the kelp. Unless I hear specific information demonstrating that our kelp needs saving and that a fishing ban is needed for its survival I am not in support of the ban.

I am a middle school teacher. Many of my students go to the ocean to fish regularly. Most of them release the fish they catch. For these kids the hundreds of hours spent intimately engaged with the sea will mold them to be lifetime advocates of the very resource the promoters of the fishing ban are attempting to support.

Please do whatever you can to prevent this misguided fishing ban. It will severely impact the reconstruction plans of our wharf and will bar the public from a vital way we explore and learn to appreciate the value of our coast.

Sincerely,
Dean Cutter
Capitola
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2 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or confidential information only for the use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and /or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail and delete the transmission. Thank you. 9 Item 4 A.

Memo
To: City Council
From: Julia Gautho, City Clerk
Date: March 28, 2024
Re: Item 8A
Good Afternoon,
The resolution adopting a City Parks Use Policy was inadvertently omitted from the March 28th City Council agenda packet distribution.

The resolution is attached to this memo for your reference.

CITY CLERK’S OFFICE
10 Item 4 B.
1 Gautho, Julia
From: Carl Olin <[email protected]>
Sent: Monday, March 25, 2024 9:10 AM
To: City Council
Cc: [email protected]; Grace Olin; Carl Olin
Subject: Thumbs up! License Plate Cameras
Follow Up Flag: Follow up
Flag Status: Flagged
Hi City Council!
The more the merrier and the sooner the better!!!
Thank you very much,
Carl & Grace Olin
130 Wesley St.

Capitola, CA 95010
11 Item 4 C.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on March 14, 2024.

Background: Attached for City Council review and approval are the draft minutes from the regular City Council meeting on March 14, 2024.

Attachments:

1. Regular Meeting Minutes
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
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City of Capitola
City Council Meeting Minutes
Thursday, March 14, 2024 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Kristen Brown
Vice Mayor: Yvette Brooks
Council Members: Joe Clarke, Margaux Morgan, Alexander Pedersen Closed Session – 5:30 PM
i. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Negotiator: Mark Wilson, Labor and Employment Practice, Burke, Williams, & Sorensen, LLP Employee Organizations: Association of Capitola Employees, Police Officers Association, MidManagement Employees, Confidential Employees, Police Captains, and Management 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 Clarke, Keiser, Pedersen, Vice Mayor Brooks, and Mayor Brown.

2. Additions and Deletions to the Agenda – None

3. Presentations
A. Mayor Brown presented a proclamation honoring Capitola Boat and Bait.

B. Mayor Brown presented a proclamation honoring the Wharf House Restaurant.

C. Police Chief Dally presented Officer Noah Sherrin with the 2023 Capitola Police Officer of the Year Award and Detective Zack Currier with the Police Chief's Commendation Award.

D. Mayor Brown presented a proclamation honoring Red Cross Month, March 2024.

4. Report on Closed Session – The City Council met and discussed one item in Closed Session. No reportable action was taken.

5. Additional Materials – None

6. Oral Communications by Members of the Public
 Gary Richard Arnold
 Gorin Klepic
 Charlotte Link
 Marilyn Garrett
 James Whitman

7. Staff / City Council Comments
 Council Member Clarke requested an agenda item to oppose the removal of the Santa Cruz County Mile Buoy.
 Vice Mayor Brooks requested that staff work with Cabrillo Mobile Home Estates residents regarding the enforcement of the City’s Mobile Home Rent Stabilization Ordinance. 13 Item 7 A.

City Council Meeting Minutes – March 14, 2024
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 Mayor Brown supported Council Member Clarke’s request and requested a letter of opposition to the expanded marine protection area and a resolution declaring May 11th as a Coastal Clean Up Day. She also advised residents of traffic changes due to road improvements at the Capitola Avenue overcrossing.

8. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approved minutes from the regular meeting on February 22, 2024, special meeting on February 27, 2024, and the special meeting on March 6, 2024.

B. City Check Registers
Recommended Action: Approved check registers dated February 16, 2024, February 23, 2024, and March 1, 2024.

C. Liability Claims Against the City of Capitola
Recommended Action: Denied liability claims submitted by Ron Weiner and Debbie Sek.

D. Santa Cruz Integrated Regional Water Management Program Recommended Action: Authorized the City Manager to execute the 2024 Memorandum of Agreement with the Santa Cruz Integrated Regional Water Management Program at no cost to the City.

E. Addition of a Temporary/Hourly Position
Recommended Action: Approved job descriptions and hourly pay rates for Recreation Specialist I and II positions.

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

9. General Government / Public Hearings
A. Voter Polling Results
Recommended Action: Received survey results from EMC Research.

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

Public Comments: None
The City Council requested staff bring back different options for ballot measures, to include quarter cent and half cent options, and bring back additional information about general obligation bonds.

B. Housing Element Update and 2023 Annual Report
Recommended Action: Received an update on Housing Element certification, implementation, and the 2023 Annual Report.

Community Development Director Herlihy presented the staff report.

Public Comments: None
C. Special Events and Park Regulations
Recommended Action: Introduced, by title only, waiving further reading of the text, an ordinance of the City of Capitola repealing and replacing Capitola Municipal Code Chapter 9.36 “Special Events” and Chapter 12.40 “Park Regulations” to create a comprehensive permitting system for 14 Item 7 A.

City Council Meeting Minutes – March 14, 2024
City of Capitola Page 3
public assemblies, events, and use of City property. (Continued from February 22, 2024 City Council Meeting)
Recreation Division Manager Bryant presented the staff report.

Public Comments:
 James Whitman
City Council discussion included concerns about accessibility to Capitola parks, a request to review rentable areas within parks before adoption of park regulations, and inclusion of all City parks into the ordinance.

The City Council directed staff and the City Attorney to modify Section 12.40.040.A and add Section 12.40.040.F of the ordinance to include all City parks, and specific rentable areas for exclusive use will be identified in a City Administrative Policy, to be brought back to the City Council for approval.

Motion to introduce the ordinance as amended by the City Attorney: Vice Mayor Brooks Seconded: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, Mayor Brown
D. Remote Public Participation
Recommended Action: Provided direction to staff about remote participation options for members of the public at City Council and Planning Commission meetings.

City Clerk Gautho presented the staff report.

Public Comments:
 James Whitman
The City Attorney summarized the requirements of First Amendment rights as they apply to public comments.

Motion to return to the City Council with an update in 6 months: Council Member Clarke Seconded: Council Member Morgan
Voting Yea: Council Members Clarke, Morgan, Vice Mayor Brooks, Mayor Brown Voting Nay: Council Member Pedersen

10. Adjournment - The meeting was adjourned at 8:27 PM. The next regularly scheduled City Council meeting is on March 28, 2024, at 6:00 PM.
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Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve check registers dated March 8, 2024, and March 15, 2024.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
03/08/2024 105617 105678 62 $ 249,282.14
03/15/2024 105679 105735 62 $ 328,756.91
The main account check register dated March 1, 2024, ended with check #105616.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
03/08/2024 24457 24556 100 $ 192,407.83
03/15/2024 - - - -
The payroll account check register dated February 23, 2024, ended with EFT #24456.

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

Check/
EFT Issued to Dept Description Amount
105625 Betz Works Inc PW Esplanade Storm Drain
Outfalls $ 14,912.40
105633 EMC Research CM 2024 Election Polling $ 12,000.00 105649 Lewis Tree Service PW Tree Pruning $ 11,025.00
105651 McKim Corporation PW Feb Capitola Road Pavement
Rehabilitation Project $ 54,910.19
105674 Visit Santa Cruz County Fin October – December TMD $ 61,464.94 105686 Boone Low Ratliff
Architects Inc PW Community Center Renovation Desing Services $ 64,365.65 105726 Triad Electric Inc PW City Hall & PD backup
generator $ 26,766.06
105735 Triad Electric Inc PW City Hall & PD backup
generator check re-issue $ 39,960.00
1683 CalPERS Member
Services Division CM PERS Contributions PPR 3/2/2024 $ 65,141.78 1684 Employment Development
Department CM State Taxes PPE 3/2/2024 $ 10,615.64
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1685 Internal Revenue Service CM Federal Taxes & Medicare PPE 3/2/2024 $ 35,665.38
Attachments:

1. 03-08-24 Check Register

2. 03-15-24 Check Register
Report Prepared By: Luis Ruiz, Accountant I
Reviewed By: Julia Gautho, City Clerk and Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
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4853-6983-0821 v1
Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Police Department
Recreation Department
City Manager Department
Subject: Special Events and Park Regulations
Recommended Action: Adopt an ordinance of the City of Capitola repealing and replacing Capitola Municipal Code Chapter 9.36 “Special Events” and Chapter 12.40 “Park Regulations” to create a comprehensive permitting system for public assemblies, events, and use of City property.

Background: On March 14, 2024, the City Council unanimously approved the introduction of the ordinance to repeal and replace Capitola Municipal Code Chapter 9.36 and Chapter 12.40, with edits read into the record by the City Attorney.

Discussion: The proposed ordinance intends to protect the Constitutional rights of the people of Capitola to peaceably assemble and protest in the City’s public spaces. The proposed revisions to the Municipal Code also create a mechanism for cost recovery and use charges to the extent authorized by law, while not unduly impacting the viability of special events in the City.

Special Events
The proposed revision to Municipal Code Chapter 9.36 establishes a permitting system for special events in the City, which generally mirrors the existing process the City has used over the last decade to permit special events. The primary changes are intended to clarify what differentiates a minor from a major event, and explicitly allowing Constitutionally protected expressive activity. Similar to the City’s existing processes, the proposed ordinance identifies three categories of special events on public property that would require a permit:

1. Minor Special Events: an organized assemblage between 75 and 200 people, not requiring closure of a major street (as defined in proposed Section 9.36.020(H)) or a street in a singlefamily or multi-family zone.

2. Neighborhood Special Events: an event organized for up to 200 people requiring closure of a street in a single-family or multi-family zone. This replaces the City’s Block Party Permit.

3. Major Special Events: any of the following:
a. Any organized assemblage of more than 200 people on any public property gathering for a common purpose under the direction or control of a person; or b. Any organized assemblage on any public property gathering for a common purpose under the direction or control of a person or organization and that requires closure of a Major Street; or
c. Any other organized assemblage conducted by a person for a common or collective use, purpose, or benefit which shall require extensive use of City public services for police regulation, monitoring or control, erecting barriers, or traffic control, parking needs that will exceed the capacity of the venue, or that will significantly interfere with normal use and operation of public right-of-way for travel.

The following events/activities would not require permits under the proposed Chapter 9.36:

1. Constitutionally protected expressive activity on City-owned, controlled, or maintained property that is not a Minor, Neighborhood, or Major Special Event;

2. Activities on school grounds;
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3. Spontaneous events, under certain conditions;

4. Activities comprising or involving construction, maintenance, or requiring a City-issued encroachment permit; or

5. Filming, as regulated by Chapter 9.62. (Proposed § 9.36.030(B).) The proposed ordinance defines expressive activity as “conduct, the sole or principal object of which is the expression of opinion, views, or ideas protected by the First Amendment of the U.S. Constitution,” and includes, but is not limited to, “public oratory and distribution of literature” (Proposed § 9.36.020(E).) The Police Chief (or his/her designee) would issue Minor and Neighborhood Special Event Permit applications. In general, the City Council would issue Major Special Event Permit applications. However, permit applications for recurring Major Special Events, defined as Major Special Events that recur every year, do not require new or different levels of City services from year to year, and that did not present major public safety or traffic issues in the prior year may be reviewed and issued by the Police Chief or designee without City Council approval. The proposed Chapter 9.36 also requires the Police Chief or designee to provide annual updates to the City Council regarding Minor and Major Special Events from the prior year. (Proposed § 9.36.070(E).)
The proposed ordinance provides that the City Council shall set Special Event application fees and fees to recover costs for safety services (such as public safety personnel, solid waste and recycling services, City lifeguard services, and traffic control costs) by resolution.

Parks Regulations
The proposed revision to Municipal Code Chapter 12.40 establishes a permitting procedure for renting portions of City parks and recreation facilities for exclusive use and to ensure compliance with Constitutional prerogatives protecting freedom of speech and assembly. Under these proposed revisions, the City Council shall adopt a Parks Policy identifying specific areas of city parks that are available for exclusive use exclusive use. Organizers of such events must obtain a permit from the City Manager, or his/her designee. Moreover, individuals who wish to use powered equipment or temporary structures (such as a bounce house or shade structure) in a City park or recreation facility must also obtain a permit pursuant to the requirements of the Chapter. However, if the event requiring exclusive use of a park identified in the Parks Policy would be considered “expressive activity,” it would instead be subject to the Special Events permitting requirements discussed above. The proposed ordinance also requires a permit for exclusive use of a City Recreation facility, such as softball fields or the bandstand.

Similar to the proposed Special Events Chapter above, the City Council may also adopt a resolution establishing fees to recover the City’s cost of processing applications or for providing services for events in City parks and recreation facilities. (Proposed § 12.40.120.) Fiscal Impact: The proposed ordinance provides for the City Council to adopt, by resolution, fees to recover the City’s costs of processing applications for Special Events and Parks permits (discussed above), and costs associated with providing services to support and staff these proposed events. The City’s fee schedule currently sets some of these fees. However, staff intends to conduct an internal review of the costs associated with these events and return to the City Council with proposed revisions to the City’s fee schedule if necessary.

Attachments:

1. Ordinance – Chapter 9.36 & Chapter 12.40
Report Prepared By: Sarah Ryan, Administrative Captain, Nikki Bryant, Recreation Division Manager Reviewed By: Tamar Burke, Assistant City Attorney
Approved By: Jamie Goldstein, City Manager
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ORDINANCE NO. ____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
REPEALING AND REPLACING CHAPTER 9.36 “SPECIAL EVENTS” AND REPEALING AND REPLACING CHAPTER 12.40 “PARK REGULATIONS” OF

THE CITY OF CAPITOLA MUNICIPAL CODE
WHEREAS, the United States Constitution and California Constitution guarantee the right of the people to peaceably assemble and speak or protest in public places; and WHEREAS, the City of Capitola intends to protect these Constitutional rights of the people of Capitola to peaceably assemble and protest in the City’s public spaces; and WHEREAS, the City wishes to provide a coordinated process for managing special events and events in City parks and recreation facilities to ensure the health and safety of event patrons, residents, workers, and other visitors, and to prohibit illegal activities from occurring at special events consisting of expressive activities; and
WHEREAS, the City also wishes to create a mechanism for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events; and WHEREAS, the City intends to update its existing permitting requirements for the City’s streets, sidewalks, parks, and open spaces to protect the rights of the people to peaceably assemble, as well as to protect and conserve those parks and open spaces.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPITOLA AS FOLLOWS:

Section 1: Findings. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Capitola.

Section 2: Repeal and Replace Chapter 9.36 – Special Events, of Title 9 – Public Peace, Morals and Welfare of the Capitola Municipal Code. Chapter 9.36 – Special Events, of Title 9 – Public Peace, Morals and Welfare is hereby repealed in its entirety and replaced to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.

Section 3: Repeal and Replace Chapter 12.40 – Park Regulations, of Title 12 – Streets, Sidewalks and Public Places of the Capitola Municipal Code. Chapter 12.40 – Park Regulations, of Title 12 – Streets, Sidewalks and Public Places is hereby repealed in its entirety and replaced to read as set forth in Exhibit B, attached hereto and incorporated herein by reference.

Section 4: Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5: Codification. This ordinance shall be codified in the Capitola Municipal Code. 40 Item 7 C.
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Section 6: CEQA. The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.

Section 7: Publication; Effective Date. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.

Section 8: Certification. The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the 14th day of March, 2024, and was adopted at a regular meeting of the City Council on the 28th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kristen Brown, Mayor
Attest: ___________________________
Julia Gautho, City Clerk

Approved as to form:
___________________________________
Samantha W. Zutler, City Attorney
Exhibits:

A. Chapter 9.36 – SPECIAL EVENTS
B. Chapter 12.40 – PARKS REGULATIONS
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Exhibit A
Chapter 9.36 – SPECIAL EVENTS
Sections:

9.36.010 – Purpose and intent.

9.36.020 – Definitions.

9.36.030 – General provisions.

9.36.040 – Minor Special Event Permit application.

9.36.050 – Neighborhood Street Closure Event Permit application.

9.36.060 – Major Special Event Permit application.

9.36.070 – Review process.

9.36.080 – Denial/revocation of Special Event Permit.

9.36.090 – Applicable fees.

9.36.010 – Appeals.

9.36.110 – Interference with Expressive Activity prohibited.

9.36.120 – Hold harmless.

9.36.130 – Display of Special Event Permit.

9.36.140 – Administrative regulations or policies.

9.36.150 – Penalties.

9.36.010 – Purpose and intent.

The purpose of this Chapter is to protect the First Amendment rights of the people of Capitola to peaceably assemble and/or protest in the City’s public places and to establish the least restrictive and reasonable time, place, and manner regulation of these activities. It is further intended to provide a coordinated process for managing special events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at special events, and to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of special events.

9.36.020 – Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this Chapter:

1. “Applicant” means any individual, corporation, partnership, trust, non-profit organization, association, group or other business entity or organization who seeks a Special Event Permit under this chapter to Organize a Special Event. For purposes of this Chapter, “Applicant” includes sponsors of the proposed Special Event.

2. “Application” means a form approved by the city manager or his/her designee, which an Applicant must submit pursuant to Section 9.36.030.

3. “Assembly” means the assembling or coming together of a number of persons for a particular purpose.
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4. “City property” means all real property and improvements owner, operated or controlled by the City within the City’s jurisdiction. City property includes, but is not limited to, City Hall, police and fire facilities, recreational facilities, parks, libraries, and streets and sidewalks.

5. “Expressive Activity” means conduct, the sole or principal object of which is the expression of opinion, views, or ideas, protected by the First Amendment of the U.S.

Constitution. Expressive activity includes, but is not limited to, public oratory and distribution of literature.

6. “Issuing Entity” means either:

A. the police chief or designee for Minor Special Events, Neighborhood Street Closure Events, and recurring Major Special Events that were held in the prior year with no major public safety or traffic issues and which do not require new or different levels of City services from the prior year;
B. the City Council for Major Special Events or upon referral by the police chief or designee.

7. “Major Special Event” means any of the following:

A. Any organized assemblage of more than two hundred (200) persons at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person; or
B. Any organized assemblage at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person or organization and that requires closure of a Major Street; or C. Any other organized assemblage conducted by a person for a common or collective use, purpose or benefit which shall require extensive use of City public services for police regulation, monitoring or control, erecting barriers, or traffic control, parking needs that will exceed the capacity of the venue, or that will significantly interfere with normal use and operation of public right-of-way for travel.

8. “Major Streets” means the streets in the City of Capitola which serve to deliver significant traffic through the City, and include: 38th Avenue, 41st Avenue, 42nd Avenue between Jade Street and Capitola Road, 45th Avenue, 47th Avenue between Portola Drive and Capitola Road, 49th Avenue between Capitola Road and Wharf Road, Bay Avenue, Capitola Avenue, Capitola Road, Clares Street, Cliff Drive, Esplanade (not including the portion of the Esplanade directly adjacent to Esplanade Park), Gross Road, Hill Street, Jade Street, Kennedy Drive, McGregor Drive, Monterey Avenue, Park Avenue, San Jose Avenue between Esplanade and Capitola Avenue, Stockton Avenue, and Wharf Road..

9. “Minor Special Event” means an organized assemblage of at least seventy-five (75) and at most two hundred (200) persons at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person and which does not 43 Item 7 C.
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require Major Street closure and does not require closure of a street in a single-family or multifamily zone.

10. “Neighborhood Street Closure Event” means an event organized for the assemblage of up to two hundred (200) persons requiring the closure of a street in a single-family or multi-family zone.

11. “Organize” means to organize, operate, manage, stage, promote, sponsor or carry on a Special Event, as defined.

12. “Organizer” means the person responsible for managing and leading the proposed Special Event, as defined, on the day or days of the Special Event.

13. “Permittee” means any person that has been issued a Special Event Permit in accordance with this Chapter.

14. “Special Event” refers to any or all of a Major Special Event, Minor Special Event, or a Neighborhood Street Closure Event.

15. “Special Event Permit” means a permit issued by the Issuing Entity to Organize a Major Special Event, a Minor Special Event, or a Neighborhood Street Closure Event, as defined, consistent with the provisions of this Chapter.

9.36.030 – General provisions.

A. Permit Required. Except when expressly provided pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, no person shall operate any Special Event regulated by this Chapter without first obtaining a Special Event Permit in accordance with the provisions of this Chapter, unless exempt as set forth below.

Special Event Permits must set forth the applicable noise limit if the proposed event shall exceed the noise regulations set forth in Chapter 9.12.

B. Exempt Activities:

1. Any Expressive Activity on City owned, controlled, or maintained property not otherwise considered a Minor Special Event, Major Special Event, or Neighborhood Street Closure Event.

2. Activities on school grounds, which are exempt from the requirements of this Chapter.

3. Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event may be conducted on City property without the Organizers having to obtain a Special Event Permit if all of the following factors are satisfied:
i. The spontaneous event does not impede vehicular traffic or violate regulations regarding pedestrian and vehicular traffic; ii. The Organizer provides the police chief or designee with at least four (4) hours of prior notice of the spontaneous event; and 44 Item 7 C.
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iii. The location where the spontaneous event it to be conducted has not been previously rented, reserved, or otherwise obligated to another use in accordance with established City policies and procedures for use and/or rental of City facilities.

4. Activities comprising or involving construction, maintenance, or requiring a Cityissued encroachment permit.

5. Filming, as regulated by Chapter 9.62.

C. Events or gatherings which require a permit pursuant to other chapters of the Municipal Code, including but not limited to group activities in City-owned parks pursuant to Chapter 12.40, shall not be considered spontaneous events.

D. Major Streets: The police chief or designee shall review all Applications to determine whether closure of Major Streets is required. The police chief or designee shall make factual findings supporting his or her determination, including whether the proposed Special Event poses specific health or and safety issues requiring closure of Major Streets, including but not limited to impacts to traffic and use of City resources, as a result of the proposed Special Event.

9.36.040 – Minor Special Event Permit Application.

A. To receive a Minor Special Event permit, an Applicant must file a complete Application with the police chief or his/her designee on a form approved by the city manager at least forty-five (45) days before the proposed Minor Special Event. An Application is considered complete when it includes all of the following information:

1. A description of the proposed use, event, or activity;

2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed Minor Special Event, including a whether the proposed Minor Special Event will require closure of any street, a description of noise generating equipment, as well as circulation plan and site layout;

3. The manner in which the public property will be utilized;

4. Proof of insurance, as required by the City;

5. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the proposed Minor Special Event;

6. The name, address, and telephone number of the Applicant(s) for the proposed Minor Special Event permit;

7. The name, address, and telephone number of the Organizer, in the event the City must contact said individual on the day or day(s) of the proposed Minor Special Event; and

8. Other information as deemed necessary by the police chief or his/her designee to ensure public safety.

B. The police chief or designee shall review and issue or deny the Minor Special Event Application within thirty days (30) of receipt of a completed Application, unless the applicant and the City mutually agree to a later date.

C. Minor Special Event permits are issued on the condition that the Applicant receives approvals and/or any other necessary permits from relevant governmental agencies.

9.36.050 – Neighborhood Street Closure Permit Application 45 Item 7 C.
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A. To receive a Neighborhood Street Closure permit, the applicant must file a complete Application with the police chief or his/her designee on a form approved by the city manager at least thirty days (30) days before the proposed Neighborhood Street Closure Event.

An Application is considered complete when it includes all of the following information:

1. A description of the proposed use, event, or activity;

2. The specific area of the street that will be closed in connection with the Neighborhood Street Closure Event;

3. Evidence of the Applicant’s and Organizer’s residence on the specific area of the street request for closure.

4. Consent of at least six (6) additional households or fifty percent (50%) of the households located within the requested street closure area, whichever is less;

5. Map or site layout of the Neighborhood Street Closure Event site;

6. Proof of insurance, as required by the City;

7. The manner in which the public property will be utilized;

8. The date and the specific times thereof, including set-up and tear-down that the street is to be closed;

9. The name, address, and telephone number of the Applicant and Organizer(s) to be contacted regarding the Application, permit, and the Neighborhood Special Event;

10. Other information as deemed necessary by the police chief or his/her designee to ensure public safety.

B. The police chief or designee shall review and issue or deny the Neighborhood Street Closure Event Permit Application within thirty (30) days of receipt of a completed Application unless the applicant and the City mutually agree to a later date.

C. Neighborhood Street Closure Event permits are issued on the following conditions:

1. The Applicant submits proof that all households within the street closure area are notified of the street closure ten (10) days prior to the Neighborhood Street Closure Event; and

2. The Applicant has received approvals and/or any other necessary permits from relevant governmental agencies.

3. All households located within the street closure area shall be permitted to attend Neighborhood Street Closure Events free of charge.

9.36.060 – Major Special Event Permit Application
A. To receive a Major Special Event permit, an Applicant must file a complete Application with the police chief or his/her designee on a form approved by the city manager at least ninety (90) days before the proposed Major Special Event. An Application is considered complete when it includes all of the following information:

1. A description of the proposed use, event, or activity;

2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed Major Special Event, including a whether the proposed Major Special Event will require closure of Major Streets or other streets, a description of noise generating equipment, a circulation plan and site layout, including a parking or shuttle plan for transportation to and from the proposed Major Special Event;
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3. The manner in which the public property will be utilized;

4. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described Major Special Event;

5. The name, address and telephone number of the Applicant(s);

6. Proof of insurance, as required by the City;

7. The name, address and telephone number of the Organizer of the proposed Major Special Event, in the event the City must contact said Organizer on the day or day(s) of the proposed Major Special Event;

8. A completed safety and security plan;

9. Other information as deemed necessary by the police chief or his/her designee to ensure public safety;

10. Certification of completeness by the police chief or his/her designee.

B. The City Council shall review and issue or deny the Application no later than the second regular City Council meeting following the submission of a completed Application or thirty days, whichever is later, unless the applicant and the City mutually agree to a later date.

C. Major Special Event permits are issued on the condition that the Applicant receives approvals and/or any other necessary permits from relevant governmental agencies.

9.36.070 – Review process.

A. Subject to the criteria for denial set forth in Section 9.36.080, the Issuing Entity shall issue a Special Event Permit if it is determined that all of the following criteria have been met:

1. The proposed use of City property for the Special Event is not otherwise governed by or subject to any other permit procedures provided elsewhere in this Code.

2. The Application is complete and includes all the information required by this Chapter.

3. The preparation for or the conduct of the proposed Special Event will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular Special Event area or adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the Special Event area.

4. The proposed Special Event does not otherwise present a substantial safety, noise, environmental, or traffic hazards, considering the number of participants and proposed location, such as to endanger the health or safety of the event participants, general public, or City employees, which cannot be adequately remedied by reasonable traffic control and other safety measures.

B. In deciding whether to approve an Application, no consideration may be given to the message of the proposed Special Event, the content of speech, or the identity or associational relationships of the Applicant(s) or Organizer(s).

C. The Issuing Entity may condition the Special Event Permit to mitigate health, safety, and impacts to City services.

D. Recurring Special Events: Major Special Events that recur every year, and which do not require new or different levels of City services from year to year and which did not present major public safety or traffic issues in the prior year may be reviewed and issued by the police chief or designee without City Council approval. 47 Item 7 C.
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E. Annual Special Event Update: The police chief or designee shall provide the City Council with an annual report on the Minor and Major Special Event Permits that were issued in the prior year, summarizing any issues that were identified and, to the extent necessary, outlining any procedural changes for the following year.

9.36.080 – Denial/revocation of Special Event Permit.

The Issuing Entity may deny any Application for a Special Event Permit or revoke such a Permit if the Issuing Entity finds any of the following:

A. One or more of the approval criteria specified in Section 9.36.070 is not or can no longer be met;
B. The Applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the Application process;
C. The Application is incomplete or does not contain the information required by this Chapter;
D. The Application does not satisfy the requirements of this Chapter; E. The Applicant fails to comply with any conditions of approval, including, but not limited to:

1. Remittance of fees, charges, or deposits,

2. Submittal of an indemnification agreement and/or proof of insurance for the Special Event as required by the City;

3. Timely submittal of all required documents; or

4. Obtaining approvals and/or any other necessary permits from relevant governmental agencies.

F. The Applicant or Organizer has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior Special Event Permit issued by the City.

G. The proposed Special Event is scheduled to occur at a location and time in conflict with another Special Event already permitted or that can be permitted to another Applicant that submitted an Application first in time, or is in conflict with City-sponsored programming.

H. The proposed Special Event would require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City, or the proposed Special Event will adversely affect the City's ability to reasonably perform municipal functions or furnish City services.

I. The proposed Special Event is in conflict with applicable provisions of any federal, state and/or local laws.

J. The Application was submitted less than 30 days before the proposed Neighborhood Street Closure Event, 45 days before the proposed Minor Special Event, or 90 days before the proposed Major Special Event.

9.36.090 – Applicable fees.

Special Event Permit Application fees pursuant to this Chapter shall be established by Resolution of the City Council. Applicants shall pay Application fees upon submittal of the Application to 48 Item 7 C.
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the City for review. Where a Special Event requires street closure, barriers, or other infrastructure, the Applicant shall pay such fees as may be established by resolution of the City Council for traffic control and relating municipal expenses, including, but not limited to, public safety, services, solid waste and recycling services, building inspections, City lifeguard services, traffic control, and any other applicable fees. Additionally, use of City buildings or facilities shall be subject to any use or rental fees established by the City.

9.36.010 – Appeals.

An Applicant may appeal the denial or revocation of a Special Event Permit by the police chief or designee in accordance with the appeal process set forth in Chapter 2.52 of this Code.

9.36.110 – Interference with Expressive Activity prohibited.

It shall be unlawful for any person to interfere with a Special Event permitted under this Chapter by engaging in the following acts when done with the intent to cause interference:

A. Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the Special Event along the Special Event route; B. Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the Special Event;
C. Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a Special Event.

9.36.120 – Hold harmless.

Each Permittee shall execute a hold harmless agreement in a form approved by the City agreeing to defend, indemnify, and hold harmless the City against losses and liabilities incurred from the willful or negligent acts or omissions of the Permittee or its officers, employees, and agents. If City property is destroyed or damaged by reason of Permittee’s Special Event and the damage or destruction is directly attributable to the Permittee, the Permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. Nothing in this provision shall require a Permittee to indemnify the City from claims or losses occasioned by the reaction of third parties to Expressive Activity at the Permittee’s Special Event.

9.36.130 – Display of Special Event Permit.

A copy of the Special Event Permit shall be available at the event site and shall be exhibited upon demand of any City official.

9.36.140 – Administrative regulations or policies.

The city manager, or designee, may adopt administrative regulations or policies that are consistent with and that further the terms and requirements set forth within this Chapter, and as may be necessary to coordinate multiple uses of public property, assure preservation of public property 49 Item 7 C.
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and public places, prevent dangerous, unlawful uses, protect the safety of persons and property and to control vehicular and pedestrian traffic. All such administrative regulations or policies must be in writing.

9.36.150 – Penalties.

Violations of this chapter may be enforced pursuant to any laws and remedies available to the City including but not limited to enforcement as a misdemeanor and/or public nuisance pursuant to Title 4 of this Code.
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Exhibit B
Chapter 12.40

PARK REGULATIONS
Sections:

12.40.010 – Purpose of chapter.

12.40.020 – Definitions.

12.40.030 – General Principles.

12.40.040 – Group activities – Permit required.

12.40.050 – Sound standard.

12.40.060 – Application for permit.

12.40.070 – Criteria for issuance.

12.40.080 – Conditions of approval.

12.40.090 – Permit holder responsibilities.

12.40.100 – Revocation of permit.

12.40.110 – Appeal of decision.

12.40.120 – Establishment of fees.

12.40.130 – Prohibited activity in parks or facilities.

12.40.140 – Park regulations.

12.40.150 – Park and Recreation facility hours.

12.40.160 – Penalty for violation.

12.40.010 Purpose of chapter.

The purpose of this chapter is to regulate the use of parks and other recreation facilities of the City for the optimum use and enjoyment of residents of Capitola; to establish standards to prevent the misuse and destruction of the facilities; to establish regulations to insure the safety and comfort of users of the facilities as well as persons residing or owning property in the vicinity of the facilities; and to protect the First Amendment rights of the People of Capitola to peaceably assemble in the City’s public parks.

12.40.020 Definitions.

1. “Applicant” means any individual, corporation, partnership, trust, non-profit organization, association, group or other business entity or organization who seeks a Permit under this chapter. For purposes of this Chapter, “Applicant” includes the organizer of the event, responsible for coordination and management of the event on the day or days of the event.

2. “Expressive Activity” shall have the same definition as set forth in Chapter 9.36 of this Code.

3. “Park(s)” means and includes every park owned and maintained by the City together with any accompanying parking lot or staging area, which is owned, managed, or 51 Item 7 C.
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controlled by the City of Capitola for the recreational use and/or enjoyment of the public. Parks do not include the beach.

4. “Permit” means a permit issued by the City of Capitola issued pursuant to this Chapter.

5. “Recreation Facility” means fields, courts, pools, amphitheaters, the Capitola Bandstand at Esplanade Park, areas specifically designed for organized activities such as, but not limited to, baseball, softball, soccer, tennis, basketball, skateboarding, bicycling, and organized group gatherings which are owned, managed, or controlled by the City of Capitola for the recreational use and/or enjoyment of the public.

6. “Refuse” means any garbage, trash, bottles, cans, papers, ashes, food and vegetable material, rubbish, industrial wastes, animal waste, grass clippings, tree or shrub pruning or any other discarded substance, matter, or thing, whether liquid or solid.

12.40.030 General principles.

The following principles shall govern use of Parks and Recreation Facilities:

A. Parks and Recreation Facilities primarily are intended for the use and enjoyment by residents of Capitola;
B. Public recreation services should be available to all Capitola residents without discrimination as to race, religion, gender identity, economic status, or any protected status; C. The public recreation program should include a wide variety of activities, including passive enjoyment, to appeal to different interests, ages, and abilities, and should not merely be limited to physical activities, outdoor activities, daytime activities, or to the interests of children or others of special categories;
D. Parks and Recreation Facilities are intended to be used, subject to applicable regulations, for:

1. Informally by residents,

2. For programs sponsored by the city,

3. For joint city-school programs,

4. For organized group activities.

E. Commercial activities in Parks and Recreation Facilities are not permitted, except for activities sponsored by the City of Capitola or as otherwise authorized in this Code.

12.40.040 Permit required.

A. To ensure equal access to City Parks and open space areas, preservation of these spaces and due to limitations of size, parking availability, and open areas, activities involving the exclusive use of any area of a Park is prohibited, except with a permit for the specific Parks. 52 Item 7 C.
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Specific areas within all city Parks that are available for exclusive use shall be identified in the Parks Policy.

B. Activities involving the exclusive use of Recreational Facilities shall require a permit and are subject to the standards and regulations contained in this Chapter.

C. Use of Powered Equipment or Temporary Structures, including, but not limited to, shade structures and bounce houses: Any person wishing to use equipment requiring a power source or erect a structure larger than 100 square feet or taller than 10 feet in a Park shall obtain a permit therefore, and is subject to the standards and regulations contained in this chapter.

D. Applicants shall remit an application review fee upon submittal of a permit application to the City for review.

E. It shall be unlawful for any person to engage in any use of any Park or Recreational Facility for which a permit is required pursuant to this Chapter without obtaining such a permit, except where such activity is regulated by other provisions of this Code, such as Chapter 9.36. Nothing in this section shall require persons or entities to obtain a permit for Expressive Activities, where such activity is addressed by Chapter 9.36 of this Code.

F. All Park use permits must also comply with the Parks Policy adopted by the City Council by resolution as amended from time to time.

12.40.050 Sound standard.

A. In recognition of the rights of residents in the vicinity of Parks to enjoy the comfort of their homes in normal peace and quiet, as well as the right of citizens to enjoy a reasonable peace and quiet in appropriately designed Parks, the use of any radio receiving set, musical instrument, machine or device for producing or reproducing sound, or any device which produces noise in such a manner as to unreasonably disturb the peace, quiet, and comfort of persons is prohibited in all Parks, unless otherwise specified on a permit issued by the City.

12.40.055 Open Play Hours at the Capitola Bandstand
A. For purposes of this Section, “Open Play Hours” means between 9:00 a.m. through 12:00 p.m. on Saturdays and Sundays.

B. The sound limitations in this Chapter shall not apply to the use of musical instruments at the Capitola Bandstand at Esplanade Park during Open Play Hours, however amplification of any kind is not permitted.

12.40.060 Application for permit.

1. Any individual or group desiring to reserve any Park or Recreation Facility, or any portion thereof, pursuant to Section 12.40.040, shall apply to the city manager, or his/her 53 Item 7 C.
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designee, in writing on a form approved by the city manager.

2. A complete application must be submitted to the city manager, or his/her designee, not less than seventy-two (72) hours prior to the desired reservation.

12.40.070 Criteria for denial.

The city manager, or his/her designee, shall deny a permit pursuant to the provisions of this Chapter if the city manager, or his/her designee, determines the application meets any of the following criteria:

A. The information contained in the application, or supplemental information provided, is not complete or is materially false or misleading.

B. The Applicant has failed to submit a complete application, supply satisfactory evidence of insurance, or has not remitted the fees or deposits as required by the Chapter.

C. The Park or Recreation Facility, or portion thereof, is unavailable for the period for which the permit is requested.

D. The area proposed for the Applicant’s use or activity could not physically accommodate the number of participants expected to participate in a safe manner.

E. The proposed use, activity or event is not compatible with the uses established for the requested Park or Recreation Facility or portion thereof during the date or time requested, in that it unreasonably interferes with use of the Park by others.

F. The proposed use has a realistic potential to create a threat to the public health, safety or welfare, or to damage public property, which may not be adequately remedied by reasonable traffic control, barriers, and/or other safety measures.

G. The proposed use would require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city, or the event will adversely affect the City's ability to reasonably perform municipal functions or furnish city services.

H. The proposed use, event or activity will have a substantial adverse environmental impact.

I. The proposed use would be in conflict with applicable provisions of any federal, state and/or local law.

J. The proposed use is commercial and not otherwise authorized by this Code. 54 Item 7 C.
4880-8702-5317 v1

12.40.080 Conditions of approval
Permits issued pursuant to this Chapter are subject to such reasonable conditions as the city manager or his/her designee may determine necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful uses, protect the safety of persons and property, ensure compliance with noise requirements set forth in Chapter 9.12, and to control vehicular and pedestrian traffic in and around the Park and/or Recreation Facility. These conditions may include conditions for waste management and restoration of the Park, environmental protection, conditions to ensure safe accommodation of an event’s pedestrian and vehicular traffic, indemnification and hold harmless of the City, and reasonable designation of alternate sites, times, or dates in the event of conflict with available resources.

12.40.090 Permit holder responsibilities.

After a person obtains a permit pursuant to the provisions of this Chapter, that permit holder must:

1. Comply with all rules and regulations and all applicable City Ordinances as though the same were incorporated into the permit.

2. Comply with all conditions imposed by the permit.

3. Inform all attendees of the conditions of the permit and the applicable rules and regulations.

4. Make Permit available at the event site and shall be exhibited upon request of any City official.

12.40.100 Revocation of permit.

Any permit for the use of the premises shall contain a provision that the city manager or his/her designee shall have the power to revoke such permit and to require the immediate removal of all persons from said premises upon their finding:

A. That the Applicant misrepresented or misstated any material fact in their application; or
B. Applicant damaged City property or violated permit conditions; or C. That the activity or any significant part thereof taking place on said premises is contrary to State or local law or is endangering life and/or property.

12.40.110 Appeal of decision.

An Applicant may appeal the denial or revocation of a permit by the city manager or designee in accordance with the appeal process set forth in Chapter 2.52 of this Code. 55 Item 7 C.
4880-8702-5317 v1

12.40.120 Establishment of fees.

Application fees pursuant to this Chapter shall be established by Resolution of the City Council.

Where an event organized pursuant to this Chapter requires City services or infrastructure, the Applicant shall pay such fees as may be established by resolution of the City Council for municipal services, including but not limited to public safety services, solid waste and recycling services, traffic control, and any other applicable fees. Additionally use of City buildings or facilities shall be subject to any use or rental fees established by the City.

12.40.130 Prohibited activity in Parks and Recreation Facilities.

The following activities are prohibited in any Park or Recreation Facility:

A. Exclusive use of any Park or Recreation Facility without a permit therefor, or use of any Park or Recreation Facility by any group for which a permit is required without such permit;
B. Commercial activities not otherwise authorized by this Code; C. Golf, except in designated areas;
D. Motor-driven vehicles;
E. Discharging weapons;
F. Removal of turf, soil, grass, tree, shrub, or portion thereof; except as such work may be done by authorized City employees;
G. Lighting or maintaining fires, except as otherwise permitted by this Code or posted notices in specific Parks, however UL or ASMI listed manufactured gas (LPG or NG) outdoor flame devices (such as gas BBQs or gas fire-pits) that comply with the Fire Code are permitted at Jade Street and Monterey Parks;
H. Overnight use of parks, other than city-sponsored activities or other activities which have received a permit from the City to conduct such after-hours activities; I. Play or practice baseball or softball in areas not specifically designated for baseball and softball activities;
J. To possess or consume alcoholic beverages, except as expressly permitted by the Department of Alcohol Beverage Control;
K. To cause, create, encourage, or threaten to cause any disturbance which may reasonably result in injury or property damage, or disturb the peace, comfort and security of the park patrons or employees;
56 Item 7 C.
4880-8702-5317 v1
L. Off-leash dogs, except as designated pursuant to applicable park regulations; dogs shall be permitted on leash pursuant to Section 6.14.200.

M. Use of a Park or Recreation Facility in such a fashion as to violate a posted notice restricting that Park or Recreation Facility’s use to one or more specified recreational uses.

N. Bounce houses shall not be permitted at Esplanade Park.

O. Any activity that is contrary to applicable law or is endangering life and/or property.

12.40.140 Park and Recreation Facility regulations.

The city manager shall be and is authorized and directed to promulgate such rules and regulations that are consistent with and that further the terms of the requirements herein. The regulations may permit any of the activities prohibited in this chapter in any defined and prescribed area provided that a suitable area is set aside for such activity, and said areas are signed and posted, indicating the type of use permissible, and the rules applicable to said use, if any.

12.40.150 Park hours.

All Parks located in the City shall, except for areas otherwise posted, be closed from sunset (the time when the upper limb of the sun disappears below the sensible horizon as a result of the diurnal rotation of the earth) until six a.m. in the morning, unless explicitly extended in a permit issued by the City.

12.40.170 Penalty for violation.

Violations of this chapter may be enforced pursuant to any laws and remedies available to the City including, but not limited to, enforcement as a misdemeanor and/or public nuisance pursuant to Title 4 of this Code.
57 Item 7 C.
2024 SPECIAL

EVENTS & PARK

REGULATIONS
Nikki Bryant &
Sarah Ryan
58 Item 7 C.

Purpose
• Introduce the Special Event
application process
• Introduce Park Regulation
permitting process
• Create a comprehensive permitting
system for public assemblies,
events and use of City property
59 Item 7 C.

Special Events
– Current
Process • Police Department issues SE permits

1. Major SE Permits - > 200 attendees
and impacts to city services

2. Minor SE Permits - < 200 attendees
and minimal impacts to city
services
2023 Staff Issued 10 General SE
Permits, 26 Minor SE Permits, and 5
Permits to the Art & Cultural
Commission
60 Item 7 C.
10 Major Special Events
• Beyond the Flood
Benefits Concert
• February Surfer’s Path
10k/5k
• Capitola Art & Wine
Festival
• May Surfer’s Path Half
Marathon
• Capitola Beach Festival
• Capitola Custom Classic
Car Show
• Women on Waves
• Wharf to Wharf
• October Surfer’s Path
Wahine 10k/6k
• Oktoberfest
61 Item 7 C.
26 Minor Special Events
• Village Sip and Stroll (3 total)
• California Coast Classic Ride
• Operation Surf
• Veteran Surf Alliance Paddle Out
• Fill the Boot for Muscular
Dystrophy
• Halloween Parade
• Skate-Tola
• Surfing Santa
• Walk for Angelman’s Syndrome
• Food Truck Fridays Event at
Monterey Park
• First Responder’s Surf Contest
• AIDS/Lifecycle Bicycle Ride
62 Item 7 C.

Special Event Process
Current Proposed Changes
Minor Event- no threshold specification Minor Event- 75-200 people not requiring road closures.

General Event- no threshold specification Major Event- more than 200 people requiring closure of “major” road.

No mention of constitutionally protected
activity
Updated language to protect expressive
activity protected by the First
Amendment
No set fee schedule for special events Council shall set special event application fees and cost recovery fees for services
needed to support the event.

Encroachment Permit Eliminated, determined not necessary based on the updated process. 63
Item 7 C.

Park Use Permit
• Currently first come first serve
Recreation manages field and court rentals
• The public inquires often on process for small gatherings and allowable equipment in parks (bounce houses, BBQ)
• The Park Use permit would provide a procedure for renting portions of the City’s parks for use by small groups up to 74 people and not “expressive activity”
• The application packet will detail required information for renting and location options available for permit.
64 Item 7 C.

Not Permitted: Bounce
Houses or BBQ
65 Item 7 C.
66 Item 7 C.
67 Item 7 C.

Fiscal Impact
• Staff is currently working on a fee study to update to the City’s fee schedule. That updated fee schedule will include recommended billing rates for City resources associated with Special Events. Staff expects the fee study and schedule to be presented to Council this Spring. 68 Item 7 C.

Recommendation
• Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola repealing and replacing Capitola Municipal Code Chapter 9.36 “Special Events” and Chapter 12.40 “Park Regulations” to create a comprehensive permitting system for public assemblies, events and use of City property.
69 Item 7 C.

Questions
70 Item 7 C.

Major Streets
38th Avenue, 41st Avenue, 42nd Avenue between Jade Street and Capitola Road, 45th Avenue, 47th Avenue between Portola Drive and Capitola Road, 49th Avenue between Capitola Road and Wharf Road, Bay Avenue, Capitola Avenue, Capitola Road, Clares Street, Cliff Drive, Esplanade (not including the portion of the Esplanade directly adjacent to Esplanade Park), Gross Road, Hill Street, Jade Street, Kennedy Drive, McGregor Drive, Monterey Avenue, Park Avenue, San Jose Avenue between Esplanade and Capitola Avenue, Stockton Avenue, and Wharf Road.
71 Item 7 C.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Public Works Department
Subject: Capitola Road Pavement Rehabilitation Project Completion Recommended Action: 1) Accept as complete the Capitola Road Pavement Rehabilitation Project constructed by the McKim Corporation; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $80,060.04 as prescribed in the contract.

Background: On July 27, 2023, the City Council approved the plans, specifications, and construction estimate for the Capitola Road Pavement Rehabilitation Project and authorized advertising for construction bids with an approved budget of $1,700,000. Following this approval, the project was advertised, and bids were received on August 30, 2023. McKim Corporation submitted the lowest bid in the amount of $1,881,272, and was staff was able to negotiate a total contract value of $1,699,999.61.

The City Manager executed the agreement with McKim Corporation on October 11, 2023.

Discussion: Construction of the project began in November 2023 and was completed in February 2024.

During construction, Public Works staff worked with the contractor to minimize construction impacts and delays to the adjacent residential areas and determined that night work would be the best solution.

Fiscal Impact: The total available funding for construction of the project was $1,736,000. Final McKim Corporation contract cost was $1,601,201. The remaining $98,799 was expended on pedestrian push button and intersection detection upgrades to enhance pedestrian and cyclist safety.

Attachments:

1. Project Cost Summary

2. Notice of Completion
Report Prepared By: Kailash Mozumder, Public Works Project Manager Reviewed By: Jessica Kahn, Public Works Director; Julia Gautho, City Clerk Approved By: Jamie Goldstein, City Manager
72 Item 7 D.

Project Title : Capitola Road Pavement Rehabilitation Project 2023 Bid Opening : August 30, 2023 @11:00am
Item # Bid Item
UNITS
BID
QTY
Actual
FINAL
QTY
QTY
Diff
Unit
Cost
Bid
Cost
Final
Cost Difference QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost 1 Mobilization, Bonds & Insurance LS 1 1 0 $31,704.00 $31,704.00 31,704 $ ‐ $ 0.8 $25,363 0.2 $6,341 $0 $02 Bicycle, Pedestrian & Traffic Control LS 1 1 0 $200,000.00 $200,000.00 200,000 $ ‐ $ 0.15 $30,000 0.6 $120,000 0.15 $30,000 0.1 $20,0003 Storm Water Pollution Control Program LS 1 1 0 $10,000.00 $10,000.00 10,000 $ ‐ $ $0 1 $10,000 $0 $0 4a Cold Plane 4" HMA 41st-Clares SF 112264 105637 ‐6627 $1.40 $157,169.60 147,892 $ (9,278) $ $0 105637 $147,892 $0 $04b Cold Plane 2" HMA Clares-30th SF 63050 65666 2616 $0.93 $58,636.50 61,069 $ 2,433 $ $0 65666 $61,069 $0 $05a Finish Paving 1/2" HMA, Type A (PG 64-10) 41st-Clares TN 2994 2685.54 ‐308.46 $155.22 $464,728.68 416,850 $ (47,879) $ $0 2685.54 $416,850 $0 $05b Finish Paving 1/2" HMA, Type A (PG 64-10) Clares-30th TN 793 900 107 $180.00 $142,740.00 162,000 $ 19,260 $ $0 900 $162,000 $0 $0 6 Digout Remove & Replace 4" HMA 3/4" HMA SF 52569 45851 ‐6718 $6.03 $316,991.07 276,482 $ (40,510) $ $0 45851 $276,482 $0 $07 6" Deep Lift Stabilization (Allowance) SF 3506 0 ‐3506 $10.08 $35,340.48 ‐ $ (35,340) $ $0 $0 $0 $08 Prune & Remove Tree Roots Under HMA Repairs SF 948 0 ‐948 $5.49 $5,204.52 ‐ $ (5,205) $ $0 $0 $0 $09 Remove & Replace PCC Sidewalk SF 186 487.75 301.75 $32.96 $6,130.56 16,076 $ 9,946 $ 487.75 $16,076 $0 $0 $0 10 Remove & Replace PCC Curb & Gutter LF 40 90.5 50.5 $153.23 $6,129.20 13,867 $ 7,738 $ 90.5 $13,867 $0 $0 $011 Construct Caltrans Case C Curb Ramp EA 10 10 0 $8,000.00 $80,000.00 80,000 $ ‐ $ 10 $80,000 $0 $0 $012 Install Blue RPM @ Hydrant EA 6 9 3 $12.00 $72.00 108 $ 36 $ $0 $0 9 $108 $013 Lower & Adjust Manhole Cover to Finish Grade EA 27 27 0 $1,300.00 $35,100.00 35,100 $ ‐ $ 13 $16,900 14 $18,200 $0 $014 Lower & Adjust Water Valve Cover to Finish Grade EA 24 24 0 $925.00 $22,200.00 22,200 $ ‐ $ 12 $11,100 12 $11,100 $0 $015 Lower & Adjust Survey Monument Cover to Finish Grade EA 1 1 0 $925.00 $925.00 925 $ ‐ $ $0 1 $925 $0 $016 Lower & Adjust Loop Detector Cover to Finish Grade EA 1 1 0 $925.00 $925.00 925 $ ‐ $ $0 1 $925 $0 $017 Thermoplastic Pavement Marking LS 1 1 0 $126,003.00 $126,003.00 126,003 $ ‐ $ $0 $0 0.7 $88,202 0.3 $37,801 subtotal $1,699,999.61 $1,601,200.78 $ (98,799) subtotal $193,306.76 subtotal $1,231,783.03 subtotal $118,310.10 subtotal $57,800.90 Invoice Totals $1,521,140.74 Invoice Amount $183,641.42 Invoice Amount $1,170,193.88 Invoice Amount $112,394.60 Invoice Amount $54,910.86 Summary Final Retention $80,060.04 5% Retention $9,665.34 5% Retention $61,589.15 5% Retention $5,915.51 5% Retention $2,890.05 Original Bid: $1,699,999.61
Changes: ‐$98,798.83Final Cost: $1,601,200.78
Invoice 1 Invoice 2 Invoice 3 Invoice 4
73 Item 7 D.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

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

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

PROJECT NAME: Capitola Road Pavement Rehabilitation Project PROJECT DESCRIPTION: Road rehabilitation with pedestrian, bicycle, and ADA improvements to be constructed on property more particularly described as follows:

DESCRIPTION: Capitola Road
ADDRESS: 30th Ave to 41st Ave
APN: N/A
The work of the improvement was completed by:

CONTRACTOR: McKim Corporation
ADDRESS: 8505 Church Street, Unit 1, Gilroy, CA 95020
The work of the improvements was actually completed on the 21st day of February 2024 and accepted by the City Council of said City on the 28
th day of March 2024.

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

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

Jessica Kahn
Director of Public Works
Signed: _________________________________________
Date: __________________________________________
74 Item 7 D.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Public Works Department
Subject: City Hall and Police Department Backup Generator Project Completion
Recommended Action: 1) Accept as complete the City Hall and Police Department Backup Generator completed by Triad Electric, Inc.; 2) authorize the City Clerk to file and record a Notice of Completion; and 3) authorize the release of the contract retention of $11,009.34 as prescribed in the contract.

Background: In March of 2021 the City was awarded a FY 2020-21 Community Power Resiliency allocation from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $300,000. Initially, staff anticipated constructing solar panels and a battery backup system for City Hall.

Staff bid the project in June of 2022 and did not receive any bids. In consultation with solar power installers, staff determined the roof of the building did not have sufficient surface area to support an effective solar system. Staff received approval from Cal OES to install a new emergency generator in lieu of the solar panel project.

Following this approval, the project was advertised, and bids were received on November 16, 2022. Triad Electric, Inc. submitted the lowest bid in the amount of $197,200. On November 22, 2022, the City Council authorized the City Manager to execute the agreement with Triad Electric, Inc.

Discussion: Construction of the project began in November 2022 and was completed in February 2024.

During the course of construction, four change orders were executed to install EV charging stations, improve connectivity to security cameras, and to modify the location of the transfer switch due to limited space within the electrical room.

Fiscal Impact: The total available funding for construction of the project was $390,0000. Attachment 1 outlines the project cost summary. Final project cost was $231,345.

Attachments:

1. Project Cost Summary

Project Title : City Hall and Police Department Backup Generator Bid Opening : November 16, 2022 @ 11am
Item # Bid Item
UNITS
BID
QTY
Actual
FINAL
QTY
QTY
Diff
Unit
Cost
Bid
Cost
Final
Cost Difference QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost QTY Billed Cost 1 Generator Purchase LS 1 1 0 $112,000 $112,000 112,000 $ ‐ $ 1 $112,000 $0 $0 $0 $0 2 Mobilization LS 1 1 0 $8,600 $8,600 8,600 $ ‐ $ $0 $0 $0 1 $8,600 $03 Generator Installation LS 1 1 0 $75,400 $75,400 75,400 $ ‐ $ $0 0.35 $26,390 $0 0.4 $30,160 0.25 $18,8504 Temporary Erosion Control LS 1 1 0 $1,200 $1,200 1,200 $ ‐ $ $0 $0 $0 1 $1,200 $0 CO1 New Conduit & CAT 6 Security Cables LS 1 1 0 $7,548.48 $7,548.48 7,548 $ ‐ $ $0 $0 1 $7,548 $0 $0 CO2 Upper EV Station & Bollards LS 1 1 0 $13,662 $13,662 13,662 $ ‐ $ $0 1 $13,662 $0 $0 $0 CO3 Lower EV Station LS 1 1 0 $3,610 $3,610 3,610 $ ‐ $ $0 $0 1 $3,610 $0 $0 CO4 Relocate Transfer Switch LS 1 1 0 $9,324.80 $9,324.80 9,325 $ ‐ $ $0 $0 $0 $0 1 $9,325 subtotal $231,345.28 $231,345.28 $ ‐ subtotal $112,000 subtotal $40,052 subtotal $11,158 subtotal $39,960 subtotal $28,175 Invoice Totals $219,778.02 Invoice Amount $106,400.00 Invoice Amount $38,049.40 Invoice Amount $10,600.56 Invoice Amount $37,962.00 Invoice Amount $26,766.06 Summary Final Retention $11,567.26 5% Retention $5,600.00 5% Retention $2,002.60 5% Retention $557.92 5% Retention $1,998.00 5% Retention $1,408.74 Original Bid: $197,200.00
Changes Orders: $34,145.28Final Cost: $231,345.28
Invoice 1 Invoice 2 Invoice 3 Invoice 4 Invoice 5
76 Item 7 E.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

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

PROJECT NAME: City Hall and Police Department Backup Generator PROJECT DESCRIPTION: Road rehabilitation with pedestrian, bicycle, and ADA improvements to be constructed on property more particularly described as follows:

DESCRIPTION: Capitola Road
ADDRESS: 30th Ave to 41st Ave
APN: N/A
The work of the improvement was completed by:

CONTRACTOR: Triad Electric Inc.

ADDRESS: P.O. Box 1820, Capitola, CA 95010
The work of the improvements was actually completed on the 2 nd day of February 2024 and accepted
by the City Council of said City on the 28
th day of March 2024.

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

Jessica Kahn
Director of Public Works
Signed: _________________________________________
Date: __________________________________________
77 Item 7 E.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: City Manager Department
Subject: Temporary/Seasonal Completion Bonus Offer
Recommended Action: Authorize a $100 signing bonus and $400 completion bonus for those temporary/seasonal employees who work at least 300 hours as part of the 2024 summer lifeguard season.

Background: The City of Capitola's summer lifeguard season typically involves onboarding an estimated 35 temporary/seasonal workers to fill Beach Lifeguard and Lifeguard Lieutenant roles. These roles staff the Junior Lifeguard program and provide public safety at Capitola Beach.

Discussion: The City of Santa Cruz also hires temporary/seasonal workers to staff the City’s lifeguard program, however, their pay rate is significantly higher than the City of Capitola’s. To competitively recruit and hire necessary temporary/seasonal workers, staff recommends implementing a new bonus program for the 2024 season. This would include a $100 signing bonus for new temporary/seasonal workers and a $400 completion bonus for all temporary/seasonal workers in Beach Lifeguard and Lifeguard Lieutenant roles who work at least 300 hours as part of the 2024 summer season. Not only will these bonuses allow for more competitive recruitment with our neighboring agency, but the completion bonus will serve as an incentive for temporary/seasonal workers to stay with the City until the end of the summer season. A typical temporary/seasonal lifeguard works about 400 hours total, and retention at the end of summer has been a challenge.

Fiscal Impact: Costs associated with the proposed adjustment are less than $16,000. Staff estimates no more than 32 temporary/seasonal workers will qualify for both the $100 signing and $400 completion bonuses.

Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Nikki Bryant LeBlond, Recreation Division Manager; Julia Gautho, City Clerk Approved By: Jamie Goldstein, City Manager
78 Item 7 F.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Public Works Department
Subject: Annual Cleanup Day Resolution
Recommended Action: Adopt a resolution declaring the second Saturday in May as an annual Santa Cruz County-wide Cleanup Day.

Background: On March 5, 2024, the City Council received a request to adopt a resolution declaring that the second Saturday of May would be a Santa Cruz Countywide Cleanup Day. During the regular City Council meeting on March 14, 2024, the City Council directed staff to prepare this resolution for consideration and adoption.

Discussion: The resolution has been adopted by the Santa Cruz County Board of Supervisors.

Fiscal Impact: None.

Attachments:

1. Resolution
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
79 Item 7 G.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

DECLARING THE SECOND SATURDAY OF EACH MAY AS
“SANTA CRUZ COUNTY CLEANUP DAY”
WHEREAS, the County of Santa Cruz is renowned for its natural beauty and open spaces; and
WHEREAS, the residents of the County have long been dedicated to protecting the beauty of these natural resources; and
WHEREAS, the County has been a leader in environmental protection and policies that reduce waste and help keep litter from impacting the local environment; and WHEREAS, the County, in partnership with Pitch-In Santa Cruz County, has participated in organized community clean-ups, volunteer engagement, and partnerships with other local governments in a citizen-led effort to protect the County’s natural beauty from litter; and WHEREAS, the City of Capitola believes that a countywide cleanup day is an effective way to engage the community in cleaning up litter from parks, streets, creeks, levees, beaches, and other public spaces to improve the overall cleanliness of the County, and encourage residents, businesses, and community organizations to participate in the Countywide Cleanup Day; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the second Saturday of May of each year is known as “Santa Cruz County Cleanup Day.” I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 28
th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Kristen Brown, Mayor
ATTEST:
____________________ ___
Julia Gautho, City Clerk
80 Item 7 G.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: City Manager Department
Subject: Santa Cruz Mile Buoy
Recommended Action: Authorize the Mayor to sign a letter of opposition to the United States Coast Guard’s proposed removal of the Santa Cruz Lighted Whistle Buoy, aka “Mile Buoy.” Background: In early March 2024, the United States Coast Guard District 11 issued a Local Notice to Mariners indicating the Santa Cruz Lighted Whistle Buoy is being proposed for removal and replacement with a Virtual AIS Aid to Navigation. Comments on the proposed renewal are requested by April 3, 2024.

During the March 14, 2024, City Council meeting, the City Council directed staff to prepare a letter of opposition to the removal of the Santa Cruz Mile Buoy.

Fiscal Impact: None.

Attachments:

1. Letter
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
81 Item 7 H.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
United States Coast Guard District 11
ATTN: LTJG Samantha Hu
Coast Guard Island Building 50-2
Alameda, CA 94501-5100
March 28, 2024
Letter of Opposition to the Proposed Removal of the Santa Cruz Lighted Whistle Buoy SC (LLNR 4080) Dear Lieutenant Junior Grade Hu,
The Pacific Ocean’s waters along the Santa Cruz coast are a community asset and provide both opportunities and the environment for commercial, recreational, research, and educational aquatic activities. Thousands of residents, visitors, and commercial operators use and enjoy the waters along the Santa Cruz coast every year, and the City of Capitola greatly benefits from this tourism.

Santa Cruz County has a rich history of countless children and adults learning basic boating and navigation skills in the waters between the Santa Cruz Mile Buoy and the shoreline. During heavy weather and emergencies at sea, mariners may not be able to program and operate small electronic devices and should be able to rely on available audible and visual aids for safe navigation.

Weather and sea conditions frequently combine to create hazardous conditions for boaters, paddlers, swimmers, and surfers with varying degrees of experience and ability. The Santa Cruz Mile Buoy serves as the only physical reference point visible from the shore and is usable for directing rescuers to victims and distressed vessels. The Mile Buoy serves as a safety demarcation between the open ocean and calmer, near-shore waters. The City of Capitola believes the Santa Cruz Mile Buoy is critical and indispensable to the safety of all mariners navigating waters along the Santa Cruz coastline.

The City of Capitola opposes the United States Coast Guard’s proposed removal of the Santa Cruz Lighted Whistle Buoy (LLNR 4080), known locally as the “Mile Buoy,” and urges the Coast Guard to continue to maintain its aids to navigation as essential infrastructure for the safety of mariners.

Sincerely,
Kristen Brown
Mayor of the City of Capitola
82 Item 7 H.

Staff recommends submitting the attached letter to the California Fish and Game Commission opposing the current petition, unless amended to propose a new MPA rather than MCA near Pleasure Point, preserving recreational activities while promoting environmental sustainability.

Fiscal Impact: None.

Attachments:

1. Draft Letter
Report Prepared By: Erika Senyk, Environmental Projects Manager Reviewed By: Julia Gautho, City Clerk, Jessica Kahn, Public Works Director Approved By: Jamie Goldstein, City Manager
83 Item 7 I.
420 Capitola Avenue
Capitola, California 95010
Telephone: (831) 475-7300
FAX: (831) 479-8879
Website: http://www.cityofcapitola.org
California Fish and Game Commission
P.O. Box 944209
Sacramento, CA 94244-2090
March 28, 2024
Opposition to Proposed Modifications to the California Marine Protected Area Network Dear President Sklar and Honorable Commissioners,
I am writing to express our opposition to the Environment California Research & Policy Center’s petition to modify the California Marine Protected Areas Network to expand the Natural Bridges State Marine Reserve and establish a new Marine Protected Area (MPA) at or near Pleasure Point, unless the petition is amended to allow for recreational hook-and-line fishing and spearfishing.

In conclusion, we opposed the current petition to propose a new Pleasure Point State Marine Conservation Area unless amended to allow for recreational hook-and-line fishing and spearfishing. We urge you to consider the importance of this amendment, which would effectively balance kelp forest protection with the needs of our community.

We remain committed to collaborating with you to find a solution that safeguards the marine environment while ensuring continued public access and economic prosperity for Santa Cruz County.

Thank you for your time and consideration.

Sincerely,
Kristen Brown, Mayor
City of Capitola
84 Item 7 I.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Recreation Department
Subject: Resolution Adopting Parks Policy
Recommended Action: Adopt a resolution adopting a City Parks Use Policy and direct staff to return to the City Council with amendments to the fee schedule to reflect proposed park use fees.

Background: The City’s parks currently operate on a first-come, first-served basis, with the exception of athletic fields and court rentals. The Recreation Division often receives requests from the public with inquiries on the process of hosting a small group gathering in a City park. The City’s current process causes conflict for the public, who are in competition for the available space, or opens the City to liability when the public brings risky equipment for their gatherings. During the March 14, 2024, City Council meeting, staff brought forward a draft ordinance for City Council consideration to address these issues.

On March 14, 2024, the City Council introduced an ordinance repealing and replacing Capitola Municipal Code Chapter 12.40, Park Regulations, creating a process for the public to reserve areas of City parks for “non-expressive activity” exclusive use for small, personal events (such as birthday or graduation parties). If the event requesting exclusive use of one of the City’s parks would be considered “expressive activity,” it would instead be subject to the City’s special events permitting requirements. The City Council requested that staff return with an administrative park use policy, specifying the areas of the City’s parks that are available for exclusive use pursuant to the new Chapter 12.40.

Discussion: At the March 14, 2024, meeting, the City Council requested that the Municipal Code provide for the creation of a Parks Use Policy whereby the City Council may review and approve which areas of City parks may be reserved for exclusive use under Chapter 12.40.

The proposed Park Use Policy provides the public with additional clarity on the spaces available for permits, capacity for each park space, and terms and conditions of use. The benefit of this Parks Policy is that it allows staff to make administrative changes to the park use permit process in response to the changing landscape of parks or unforeseeable issues without adjustment to the Municipal Code.

Members of the public who inquire about reserving a park space will receive the “Capitola Reservable Park Area Packet”, Attachment 2, which includes the policy, fees, maps of locations, and terms of use.

Fiscal Impact: Members of the public who inquire about reserving a park space will receive the “Capitola Reservable Park Area Packet”, Attachment 2, which includes the policy, fees, maps of locations, and terms of use. The City’s current fee schedule does not set park space rental fees. Staff will return to the City Council with an amendment to the adopted fee schedule to reflect proposed park use fees.

Attachments:
1) Parks Policy
2) Sample Capitola Reservable Park Area Packet for public dissemination Report Prepared By: Nikki Bryant, Recreation Division Manager Reviewed By: Tamar Burke, Assistant City Attorney
Approved By: Jamie Goldstein, City Manager
85 Item 8 A.
4871-6886-9296 v1
ADMINISTRATIVE POLICY XX-XX: Park Permit Use Policy
Number: TBD
Issued: March 2024
Jurisdiction: City Council by Resolution

PURPOSE
The purpose of this policy is to outline the available areas for park rental use within the City of Capitola and outline the rental terms and conditions of use.

RESERVABLE PARK AREAS
 Jade Street Park
o A3 Lawn – Capacity of 30
o Patio Lawn – Capacity of 30
o Soccer Lawn 1– Capacity of 74
o Soccer Lawn 2 – Capacity of 74
 Monterey Avenue Park
o Dugout Picnic Tables – Capacity of 40
o School Side Lawn – Capacity of 40
o Soccer Lawn 1 – Capacity of 74
 Noble Gulch Park
o Creekside Picnic Tables – Capacity of 40
 Esplanade Park
o Lawn – Capacity of 50
 McGregor Park
o Seating Area – Capacity of 20
 Soquel Creek Park/Peery Park/Cortez Park – Not reservable.  Rispin Mansion Park – Currently under construction. Not reservable.

Exhibit A, attached hereto and incorporated herein by reference, provides illustrations of the spaces within each Park available for reservation and exclusive use pursuant to this Policy and Section 12.40 of the Capitola Municipal Code.

Park use permit fees will be established by City Council resolution. In addition to rental permit fees for the parks listed above, there are the following additional considerations.

1. Bounce House Permit: Permit fee and insurance in a form acceptable by the City is required to have a bounce house with a park reservation. Bounce houses may not be erected in Esplanade Park or McGregor Park.

2. Rental Details: Minimum 2 hours if location is available. Permittee is responsible for all set up and clean up. Capacity includes all persons in attendance, including helpers and children. 86 Item 8 A.

Administrative Procedure: X-XX
Park Permit Use Policy
4871-6886-9296 v1

PARK RENTAL TERMS AND CONDITIONS OF USE
A. Reservation
i. Reservations are made on a first come, first served basis and can be made up to one year in advance and no less than 72 hours prior to date desired. Minors (under 18) are not eligible to reserve facilities.
ii. Full payment is required when the reservation is made. iii. Changes to the permit, including changes of date, must be requested in writing by the permittee. All changes are subject to Department approval and subject to a change fee (as described in the Fee Schedule). No changes or additions to the reservation times may take place within two weeks of the event date.
iv. Reservation cancellations must be made in writing and are subject to the refund policy.

B. Park Rental Permit Specifications
i. Capitola park areas, specified above and as may be amended, may be reserved daily between 6:00 am to dusk. The times of the reservation permit must include all set-up and clean-up time. Minimum rental of 2 hours.
ii. Alcohol consumption is not permitted.
iii. An amplified sound permit, pursuant to Capitola Municipal Code Chapter 9.12, is required for any event using the following devices: public address systems, speaker systems, live music, and amplification.
iv. Use of equipment requiring a power source or erecting a structure larger than 100 square feet or taller than 10 feet in a park shall require a permit. v. A copy of the permit shall be available upon request by any City official during the park reservation.

C. General Conditions
i. Groups of 12 or more individuals, where a majority of participants are under 18 years of age must be chaperoned at a ratio of one adult (over 18 years) to 12 minors. ii. Commercial activity is not permitted. (Capitola Municipal Code § 12.40.030(E).) iii. Permittees may decorate the reserved space, however, decorating materials may only include the following: light adhesive, removable tape (i.e. poster tape or painter’s tape, zip ties, twine, or florist wire. Use of staples, tacks, nails, or screws, are not permitted. iv. Balloons and Confetti: Only biodegradable balloons and confetti are permitted in City Parks. Biodegradable balloons and confetti only. Releasing balloons and throwing rice are not permitted. .
v. Portable barbecues must be manufactured gas outdoor flame devices that comply with the Fire Code and are only permitted at Jade Street and Monterey Park. vi. The Recreation Department may require insurance for activity that is deemed to be highrisk. Bounce house use will require insurance. vii. The City of Capitola is not responsible for items left, lost, or stolen. viii. Overnight storage is not permitted. If rental equipment is used, the permittee must arrange for it to be delivered and removed on the same day as the reservation. ix. Areas of City Parks outside the reservable spaces remain open for use by the public. The permittee shall not exclude the public from any site the permittee did not lawfully reserve through a Park Use Permit, nor obstruct the public right of way, nor interrupt or impede upon the orderly flow of automobile or bicycle traffic on any streets or pedestrian right of way adjacent to the location.
x. The City Manager or designee is authorized to refuse or revoke any use permit pursuant to Capitola Municipal Code sections 12.40.707 and 12.40.100. xi. The permittee is responsible for general set up and clean-up of premises. All trash and recycling materials should be placed in the provided receptacles. The permittee must also 87 Item 8 A.

Administrative Procedure: X-XX
Park Permit Use Policy
4871-6886-9296 v1
remove all decorations and personal items and clean up spilled food by the end of the reservation. The reserved area must be restored to pre-use conditions. Set up and clean up may only take place within the reservation timeframe.
xii. Smoking and vaping are prohibited in City of Capitola Parks. xiii. Permits issued pursuant to this Policy and Capitola Municipal Code section 12.40 are nontransferrable and may only be used by the named permittee. xiv. All vehicles associated with a permit must abide by all applicable vehicle and parking statutes and regulations. Vehicles are allowed in designated parking areas only. Driving on grass areas or outside of parking area is prohibited. Parking may be limited. Pease encourage carpooling.
xv. City of Capitola may establish additional policies consistent with the provisions of the adopted rules and regulations as it deems necessary for safe, efficient, and optimum use of facilities. Please check with the Recreation Front Desk for prior approval regarding uncommon or unique requests.

D. Fees and Refunds
i. If a cancellation is requested more than two weeks before the reservation date, the City will provide a 90% refund.
ii. If a cancellation is requested within two weeks before the date of reservation, the City will provide a 50% refund or apply credit to account.
iii. Account credit is valid for one year. Please allow up to two weeks to receive the refund amount.
iv. No refund will be provided if the park permit is revoked. v. The permittee shall be responsible for any damage to the reserved area or grounds during the reservation or in the event the reserved area requires additional clean-up. vi. Permittees shall abide by the reservation time indicated on the permit. If the time limits are exceeded by early entry or late exit, the permittee will be charged for the excess time at the hourly rental rate.

E. Assumption of Liability Waiver and Indemnity
i. Assumption of Liability: Permittee, whether individual, group, or entity, is solely responsible for any and all liabilities to persons or property resulting from use of the Park , including damage to any City property or structures. Permittee will indemnify, defend, and hold harmless the City of Capitola, its elected and appointed Council, Commissions, Officers, Agents, and Employees from any claims, suits, losses, or damages for injury to persons or property arising from or connected to this use of the Park Facility. ii. Agreement to Abide by Terms and Conditions: Permittee, whether individual, group, or entity, represents that he/she/they/it has/have read these Terms and Conditions, agrees to make them known to persons attending the function or activity, and agrees that no violation of such shall be allowed to occur on the premises or facilities. Permittee understands that permission to use of the Park is contingent upon compliance with this Policy and the City’s Municipal Code and that permission may be revoked at any time upon failure of persons attending the function or activity to fully comply with this Policy or the Capitola Municipal Code.
iii. Permittee, or Representative, to be Present: Permittee, or the group or entity individual named in the Permit, will be present during the entire period of use of the facility.

This policy is approved and authorized by Resolution No. XXXX:
___________________________________
Jamie Goldstein, City Manager
88 Item 8 A.

Administrative Procedure: X-XX
Park Permit Use Policy
4871-6886-9296 v1
Exhibit A
Areas shaded in red are available for reservation.
89 Item 8 A.

Administrative Procedure: X-XX
Park Permit Use Policy
4871-6886-9296 v1
Areas in City of Capitola parks available for rent (cont.) 90 Item 8 A.

Administrative Procedure: X-XX
Park Permit Use Policy
4871-6886-9296 v1
Areas in City of Capitola parks available for rent (cont.) 91 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
Reservable Park Areas Rental Fees
Park Space Capacity Hourly Rate
Resident/Nonresident
Amenities
Jade Street Park
A3 Lawn 30 $12.00/$15.00 Public Bathrooms
Playground
Patio Lawn 30 $13.00/$16.25 Public Bathrooms
Community Center Patio (additional
rental)
Playground
Soccer Lawn 1 74 $15.00/$18.75 Public Bathrooms
Soccer Lawn 2 74 $15.00/$18.75 Public Bathrooms
Monterey Avenue Park
Dugout Picnic Tables 40 $17.00/$21.25 Picnic Tables
Water Fountain
School Side Lawn 40 $13.00/$16.25 Water Fountain
Soccer Lawn 1 74 $15.00/$18.75 Water Fountain
Noble Gulch Park
Creekside Picnic Tables 40 $17.00/$21.25 Picnic Tables
Esplanade Park
Lawn 50 $25.00/$31.25 Public Bathrooms
McGregor Park
Seating area 20 $13.00/$16.25 Public Porta Potty
Skate/Bike/Dog park
Soquel Creek Park/ Peery Park/ Cortez Park
Not reservable
The Park at Rispin Mansion
Under Construction
Bounce House Permit: $10 permit fee and insurance in a form acceptable by the City is required to have a bounce house with a park reservation. Bounce houses may not be erected in Esplanade Park or McGregor Park.

Rental Details: Minimum 2 hours if location is available. Permittee is responsible for all set up and clean up. Capacity includes all persons in attendance, including helpers and children.

Resident: A resident resides within the City of Capitola and the Soquel Union Elementary School District. A non-resident resides within the rest of Santa Cruz County or outside of the County. 92 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
Park Rental Terms and Conditions of Use
A. Reservation
i. Reservations are made on a first come first served basis and can be made up to one year in advance and no less than 72 hours prior to date desired. Minors (under 18) are not eligible to reserve facilities.
ii. Full payment is required when the reservation is made. iii. Changes to the permit, including changes of date, must be requested in writing by the permittee. All changes are subject to Department approval and subject to a change fee (as described in the Fee Schedule) No changes or additions to the reservation times may take place within two weeks of the event date.
iv. Reservation cancellations must be made in writing and are subject to the refund policy.

B. Park Rental Permit Specifications
i. Capitola park areas may be reserved daily between 6:00 AM to dusk. The times of the reservation permit must include all set-up and clean-up time. Minimum rental of 2 hours. ii. Alcohol consumption is not permitted.
iii. An amplified sound permit is required for any event using the following devices: public address systems, speaker systems, live music, and amplification. iv. Use of equipment requiring a power source or erect a structure larger than 100 square feet or taller than 10 feet in a Park shall obtain a permit. v. A copy of the permit shall be available upon request by any City official during the park reservation.

C. General Conditions
i. Groups of 12 or more individuals, where a majority of participants are under 18 years of age must be chaperoned at a ratio of one adult (over 18 years) to 12 minors. ii. Commercial activity is not permitted.
iii. Decorating materials can include light adhesive, removal tape (i.e. poster tape or painter’s tape, zip ties, twine and florist wire. Biodegradable ballons and confetti only.

Not allowed: balloon-releasing, rice throwing, staples, tacks, nails, or screws. iv. Portable barbecues must be manufactured gas outdoor flame devices that comply with Fire Code and are only permitted at Jade Street and Monterey Park. v. The Recreation department may require insurance for activity that is deemed to be high risk. Bounce house will require insurance.
vi. City of Capitola is not responsible for items left, lost or stolen. vii. Overnight storage is not permitted. If rental equipment is used permittee must arrange for it to be delivered and removed the same day as the reservation. viii. Areas of City Parks outside the reservable spaces remain open for use by the public.

The permittee shall not exclude the public from any site the permittee did not lawfully reserve through a Park Use Permit, nor obstruct the public right of way, nor interrupt or impede upon the orderly flow of automobile or bicycle traffic on any streets or pedestrian right of way adjacent to the location.
93 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
ix. The City Manager or designee is authorized to refuse or revoke any use permit or agreement.
x. Responsibility for general set up and clean-up of premises shall be the permittee. All trash and recycling materials should be placed in the provided receptacles. Remove all decorations and clean up spilled food. Remove all personal items by end of reservation.

The area must be restored to pre-use conditions. Set up and clean up may only take place within the reservation timeframe.
xi. Smoking and vaping are prohibited in City of Capitola Parks. xii. Permittee shall not assign or sub-lease any portion of the reservation. xiii. All vehicles associated with a permit must abide by all applicable vehicle and parking statutes and regulations. Vehicles are allowed in designated parking areas only. Driving on grass areas or outside of parking area is prohibited. Parking may be limited. Pease encourage carpooling.
xiv. City of Capitola may establish additional policies consistent with the provisions of the adopted rules and regulation s as it deems necessary for safe, efficient, and optimum use of facilities. Please check with the Recreation Front Desk for prior approval regarding uncommon or unique requests.

D. Fees and Refunds
i. Request more than two weeks before the reservation date, the City will provide a 90% refund.
ii. Request within two weeks before the date of reservation, the City will provide a 50% refund or apply credit to account.
iii. Account credit is valid for one year. Please allow up to two weeks to receive your refund amount.
iv. No refund will be provided if the park permit is revoked. v. The permittee shall be responsible for any damage to the reserved area or grounds during the reservation or in the event the reserved area requires additional clean-up. vi. Renters are expected to abide by the reservation time indicated on the permit. If the time limits are exceeded by early entry or late exit, the permittee will be charged for the excess time at the hourly rental rate.

E. Assumption of Liability Waiver and Indemnity
i. Assumption of Liability
Permittee, whether individual, group, or entity, is solely responsible for any and all liabilities to persons or property resulting from use of the Park Facility, including damage to any City property or structures. Permittee will indemnify, defend, and hold harmless the City of Capitola, its elected and appointed Council, Commissions, Officers, Agents, and Employees from any claims, suits, losses, or damages for injury to persons or property arising from or connected to this use of the Park Facility. ii. Agreement to Abide by Terms and Conditions
Permittee, whether individual, group, or entity, represents that he/she/they/it has/have read these Terms and Conditions, agrees to make them known to persons attending the 94 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
function or activity, and agrees that no violation of such shall be allowed to occur on the premises or facilities. Permittee understands that permission to use of the Park Facility is contingent upon compliance with these Terms and Conditions and that permission may be revoked at any time upon failure of persons attending the function or activity to fully comply with these Terms and Conditions. iii. Permittee, or Representative, to be Present.

Permittee, or the group or entity individual named in the Permit, will be present during the entire period of use of the facility.

I have carefully read and agree to the Term and Conditions of Use and will comply with the regulations and use policies.
____________________________________ ___________________ Permittee Date
____________________________________ ____________________ City Representative Date
95 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
Areas in City of Capitola parks available for Reservation Areas shaded in red available for reservation.
96 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
Areas in City of Capitola parks available for rent (cont.) 97 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
Areas in City of Capitola parks available for rent
(cont.)
98 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]
Grills and BBQs in Jade St Park and Monterey Ave Park
LP or LNG grills with enclosed flame are acceptable.

Charcoal Grills and Wood Smokers/BBQs are NOT PERMITTED 99 Item 8 A.

City of Capitola Recreation
4400 Jade Street
Capitola, CA 95010
[email protected]

100
Item 8 A.

Park Permit
Policy
101
Item 8 A.

BACKGROUND
• City’s parks currently operate on a first-come firstserve basis • Exception: Athletic Fields & Courts
• No process for the public to host small group
gatherings (birthday parties, memorials)
• Conflict among the public
• Liability for City: BBQ, Bounce Houses
• March 14, 2024, Council introduced an ordinance
repealing and replacing Capitola Municipal Code

12.40 • Creating a process for the public to reserve park spaces
102
Item 8 A.

DISCUSSION
• City Council modified proposed code to provide for a
Parks Use Policy
• Benefit of Parks Policy is it allows City to make
changes in response to changing landscape or
unforeseeable issues more easily
• An individual with a reservation request will receive “Capitola Reservable Park Area Packet”
• Includes fees, maps, terms of use
103
Item 8 A.

Hourly Rate Amenities
Resident/Nonresident
Park Space Capacity
Jade Street Park
Public Bathrooms
Playground
A3 Lawn 30 $12.00/$15.00
Public Bathrooms
Community Center Patio (additional
rental)
Playground
Patio Lawn 30 $13.00/$16.25
Soccer Lawn 1 74 $15.00/$18.75 Public Bathrooms
Soccer Lawn 2 74 $15.00/$18.75 Public Bathrooms
Monterey Avenue Park
Picnic Tables
Water Fountain
Dugout Picnic Tables 40 $17.00/$21.25
School Side Lawn 40 $13.00/$16.25 Water Fountain
Soccer Lawn 1 74 $15.00/$18.75 Water Fountain
104
Item 8 A.

Noble Gulch Park
Creekside Picnic Tables 40 $17.00/$21.25 Picnic Tables
Esplanade Park
Lawn 50 $25.00/$31.25 Public Bathrooms
McGregor Park
Public Porta Potty
Skate/Bike/Dog park
Seating area 20 $13.00/$16.25
Soquel Creek Park/ Peery Park/ Cortez Park
Not reservable
The Park at Rispin Mansin
Under Construction
105
Item 8 A.
106
Item 8 A.
107
Item 8 A.
108
Item 8 A.

FISCAL IMPACT
• The City’s current fee schedule does not
set park space rental fee.
• Staff will return with an amendment to
the adopted fee schedule to reflect
proposed park use fees.
109
Item 8 A.

RECOMMENDED ACTION
110
Item 8 A.

Questions
111
Item 8 A.

Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Police Department
Subject: Automated License Plate Reader Cameras
Recommended Action: Authorize the City Manager to execute a 24-month Master Services Agreement for the lease of 10 Automated License Plate Reader cameras from Flock Group, Inc. (Flock) in an amount not to exceed $68,350 ($36,350 at signing and annual recurring at $32,000).

Background: Camera technology and its application towards public safety and awareness has evolved and has become fiscally achievable for many agencies in California. Over the past few years, cameras, and Automated License Plate Reader (ALPR) technology have been used by police agencies to help solve crimes, especially those where an automobile has been used. Traditional ALPR systems included expensive fixed camera locations or mobile devices mounted in patrol cars. ALPR technology has continued to evolve and has become less cost-prohibitive.

Currently, still images and video from public and private security systems are critical tools in investigating and gathering information about crime incidents. Capitola’s police officers often make multiple visits to businesses and residences after an incident, particularly a violent crime, in search of camera images or video that will help identify suspect vehicles, suspects, and other elements of the crime.

Discussion: The Flock ALPR System is a deployment of cameras throughout an area to provide greater coverage and more detailed information for law enforcement. The Flock Agreement includes 10 cameras which can be spread throughout the city. Flock cameras capture date, time, location, license plates, vehicle details, and other objects. Flock cameras do not include any facial recognition capabilities.

There are key differences between Flock and other ALPR companies. Most notably, they are the only company that leases ALPR services and provides all system maintenance. Another difference is that these cameras capture the motion of objects instead of just license plate information.

Additional benefits of Flock include a two-year warranty, an annual flat rate lease per camera of $3,000, wireless capability, and the option for solar or direct power. This system is Criminal Justice Information Services (CJIS) compliant, offers cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. Lastly, this lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require equipment replacement and additional costs.

Since Flock is the sole manufacturer and developer of the Flock Safety Camera, and they are the only vendor who leases ALPR cameras, there are no local vendors available to provide this service.

Legal Considerations: Civil Code section 1798.90 et seq regulates the use of ALPR cameras. Among other things, the provisions therein address privacy concerns by requiring ALPR users to:
 Maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure (Civ. Code § 1798.90.51(a); 1798.90.53(a).)
 Implement a usage and privacy policy to ensure that collection, use, maintenance, sharing and dissemination of ALPR information is consistent with individuals’ privacy and civil liberties. The 112
Item 8 B.
usage and privacy policy shall be available to the public in writing and must be posted conspicuously on the City’s website. (Civil Code § 1798.90.51(b)(1); 1798.90.53(b)(1).) Civil Code section 1798.90.53(b)(2) specifically lists certain requirements for elements of the usage and privacy policy.

The Civil Code also states that public agencies may not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by state law. (Civ. Code § 1798.90.55.) In 2020, the California State Auditor conducted an audit of four law enforcement agencies to evaluate privacy concerns that may arise from ALPR use. The four agencies were the Fresno Police Department, Los Angeles Police Department, Marin County Sheriff’s Office, and Sacramento County Sheriff’s Office.

The audit found that having clear guidelines governing the use of ALPR data will better protect the privacy of residents.

The Police Department created Police Policy 426 governing its use of Automated License Plate Readers addressing the requirements listed in Civil Code section 1798.90.5 et seq. This policy includes a requirement to conduct an annual audit, lists restrictions on the release of the data, and requires training for officers in the use of the ALPR system. Section 426.2 states that “The Capitola Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code §7282.5; Government Code §7284.2 et seq.)—these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).” This policy is included as Attachment 2. The Policy does not allow for proactive monitoring of ALPR cameras, and only allows their use in the context of solving reported criminal activity.

Fiscal Impact: If approved, the 10 Automated License Plate Reader (ALPR) Cameras will be leased in an amount not to exceed $68,350. The funding for this request will be covered by the State of California Supplemental Law Enforcement Services Fund (SLESF) for two years. The Police Department is exploring grant opportunities for future funding needs.

Attachments:

1. Master Services Agreement – Flock/Capitola PD

2. Policy 426 - ALRP

3. City Sole Source Letter
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
113
Item 8 B.

Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 18 day of March 2024. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

AGREEMENT
114
Item 8 B.

NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
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1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 117
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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock 118
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is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
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4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own 120
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proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.

Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or 121
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otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and 122
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Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 123
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 124
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PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT 125
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ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

10.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s 126
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rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
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11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 128
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11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the 129
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terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:
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EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and 132
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(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
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Flock Safety + CA - Capitola PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Jeffrey Lents
[email protected]
480 621 2406
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Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
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Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.
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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
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EXHIBIT A

ORDER FORM
Customer: CA - Capitola PD Initial Term: 24 Months
Legal Entity Name: CA - Capitola PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 422 Capitola Ave Capitola, California 95010 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $32,000.00
Flock Safety Flock OS
FlockOS ™ - Community Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 9 Included
Flock Safety Falcon ® LR Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 4 $2,600.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 5 $750.00
Professional Services - Advanced Implementation
Fee (Falcon LR) $1,000.00 1 $1,000.00
Subtotal Year 1: $36,350.00
Annual Recurring Subtotal: $32,000.00
Estimated Tax: $0.00
Contract Total: $68,350.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 140
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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $36,350.00
Annual Recurring after Year 1 $32,000.00
Contract Total $68,350.00
*Tax not included
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Product and Services Description
Flock Safety Platform Items Product Description Terms
FlockOS™ Flock Safety’s situational awareness operating system.

Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

Flock Safety Falcon® LR
A long-range infrastructure-free license plate reader camera designed for high speed vehicles that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
FlockOS Features Description
Community Network Access Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC alerts sent to Shared Agencies Alert sent to any shared community Law Enforcement agency when a vehicle entered into the NCIC crime database passes by a Flock camera
Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera 143
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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Capitola PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 1 Automated License Plate Readers (ALPRs)
Effective Date:

Revised Date:

Issuing Authority:

Chief of Police
426.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage, and use of digital data obtained using Automated License Plate Reader (ALPR) technology. 426.2 POLICY
The policy of the Capitola Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public view.

The Capitola Police Department does not permit the sharing of ALPR data gathered by the city or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code §7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).
426.3 DEFINITIONS
(a) Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest. (b) ALPR Operator: Trained Department members who may utilize ALPR system/ equipment. ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in various efforts. (c) ALPR Administrator: The Administration Captain or the Chief's designee, serves as the ALPR Administrator for the Department.
(d) Hot List: A list of license plates associated with vehicles of interest compiled from one or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's, etc. (e) Vehicles of Interest: Including, but not limited to vehicles which are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/or wanted persons and vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies. (f) Detection: Data obtained by an ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plateand description of 145
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2 vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read.
(g) Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order or terrorist-related activity. 426.4 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates along with the vehicle make, model, color and unique identifiers through the Capitola Police Department's ALPR's system and the vendor's vehicle identification technology. The technology is used by the Capitola Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Captain. The Administrative Captain will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.

All data collected by ALRP technology is downloaded to the CJIS complaint cloud-based server housed and maintained by Flock Safety.
426.5 ALPR ADMINISTRATOR
The Administrative Captain shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) Only properly trained sworn officers, crime analysts, and police assistants are allowed access to the ALPR system or to collect ALPR information. (b) Ensuring that training requirements are completed for authorized users. (c) ALPR system monitoring to ensure the security of the information and compliance with applicable privacy laws.
(d) Ensuring that procedures are followed for system operators and to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation is maintained.
(f) Continually working with the Custodian of Record (Records Manager) on the retention and destruction of ALPR data.
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3 (g) Ensuring this policy and related procedures are conspicuously posted on the department's website.
426.6 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR shall be used for active criminal investigations: reasonable suspicion or probable cause is not required before using an ALPR.
(c) Partial license plates and unique vehicle descriptions reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. Once an alert is received, the operator should confirm that the observed license plate from the system matches the license plate of the observed vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be verified through a CLETS inquiry via MDC or through Dispatch.

Members will not take any police action that restricts the freedom of any individual based solely on an ALPR alert unless it has been validated. Because the ALPR alert may relate to a vehicle and may not relate to the person operating the vehicle, officers are reminded that they need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. (For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.) (f) Hot Lists. Designation of hot lists to be utilized by the ALPR system shall be made by the ALPR Administrator or his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this Policy. Hot lists utilized by the Department's LPR system may be updated by agency sources more frequently than the Department may be uploading them and thus the Department's LPR system will not have access to real time data. Occasionally, there may be errors in the LPR system's read of a license plate. Therefore, an alert alone shall not be a basis for police action (other than following the vehicle of interest). Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department members shall undertake the following:
(a) Verification of status on a Hot List. An officer must receive confirmation, from a Capitola Police Department Communications Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances). 147
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4 (b) Visual verification of license plate number. Officers shall visually verify that the license plate of interest matches identically with the image of the license plate number captured (read) by the LPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding.

Department members alerted to the fact that an observed motor vehicle's license plate is entered as a Hot Plate (hit) in a specific BOLO (be on the lookout) list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a department member would have a lawful basis to stop the vehicle.
(c) Department members will clear all stops from hot list alerts by indicating the positive ALPR Hit, i.e., with an arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of the ALPR Hit and the arrest, then the Department member shall update with the Communications Dispatcher and original person and/or a crime analyst inputting the vehicle in the hot list (hit). (d) General Hot Lists (SVS, SFR, and SLR) will be automatically downloaded into the ALPR system a minimum of once a day with the most current data overwriting the old data.
(e) All entries and updates of specific Hot Lists within the ALPR system will be documented by the requesting Department member within the appropriate general offense report. As such, specific Hot Lists shall be approved by the ALPR Administrator (or his/her designee) before initial entry within the ALPR system. The updating of such a list within the ALPR system shall thereafter be accomplished pursuant to the approval of the Department member's immediate supervisor. The hits from these data sources should be viewed as informational; created solely to bring the officers attention to specific vehicles that have been associated with criminal activity.
(a) All Hot Plates and suspect information entered the ALPR system will contain the following information as a minimum:
(a) Entering Department member's name
(b) Related case number
(c) Short synopsis describing the nature of the originating call (f) Training. No member of this Department shall operate ALPR equipment or access ALPR data without first completing Department-approved training. (g) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited.
426.7 PERMITTED/IMPERMISSIBLE USES
The ALPR system, and all data collected, is the property of the Capitola Police Department.

Department personnel may only access and use the ALPR system for official and legitimate law 148
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 5 enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:
(a) Anyone who engages in an impermissible use of the ALPR system or associated scan files, or hot lists may be subject to criminal prosecution, civil liability, and/or administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies. (b) First Amendment Rights: It is a violation of this policy to use the LPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights.
(c) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). (d) Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.
(e) Use Based on a Protected Characteristic: It is a violation of this policy to use the LPR system or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.
(f) Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.
426.8 DATA COLLECTION AND RETENTION
The Administrative Captain is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for no longer than one year (Government Code § 34090.6), and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.

ALPR vendor, Flock Safety will store the data (data hosting) and ensure proper maintenance and security of data stored in their data towers. Flock Safety will purge their data at the end of the 30 days of storage. However, this will not preclude CPD from maintaining any relevant vehicle data obtained from the system after that period pursuant to the established City of Capitola retention schedule mentioned above or outlined elsewhere. Restrictions on use of ALPR Data: Information gathered or collected, and records retained by Flock Safety cameras or any other CPD ALPR 149
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 6 system will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes.
426.9 ACCOUNTABILITY AND SAFEGUARDS
All data will be closely safeguarded and protected by both procedural and technological means.

The Capitola Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law (Civil Code § 1798.90.52). (b) All ALPR data downloaded to the mobile workstation shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.
(c) Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(d) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. (e) Every ALPR Detection Browsing Inquiry must be documented by either the associated Capitola Police case number or incident number, and/or a reason for the inquiry. For security or data breaches, see the Records Release and Maintenance Policy. 426.10 ALPR DATA DETECTION BROWSING AUDITS
It is the responsibility of the Professional Standards Division (PSD) (Administration Captain) or the Chief's designee to ensure that an audit is conducted of ALPR detection browsing inquiries at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above authorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements established in policy section 462.5(e).

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected.

After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by PSD.
426.11 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law. (a) The agency makes a written request for the ALPR data that includes:
(a) The name of the agency.
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Published with permission by Capitola Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 7 (b) The name of the person requesting.
(c) The intended purpose of obtaining the information.
(b) The request will be reviewed and approved by the on-duty supervisor. (c) The approving supervisor will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the release of ALPR data. The Capitola Police Department does not permit the sharing of ALPR data gathered by the city or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB). (d) The approved request is retained on file. Requests for ALPR data by nonlaw enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 426.12 TRAINING
The Training Sergeant should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
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C:\Users\adally\Desktop\Flock\FLOCK Sole Source.docx
ATTACHMENT # 3
Sole Source Purchases Determination
Flock Safety $68,350 (2 year) March 29, 2024
BACKGROUND: The City of Capitola Purchasing and Procurement policy (Administrative Policy III-4) requires three telephone quotes, whenever feasible for purchases between $5,000 - $25,000. The Policy also requires a formal RFP bid procedure for purchases over $25,000. The policy provides conditions for Sole Source (Section II) purchases that are exempt from the competitive process.

DISCUSSION: The contract with[ enter Contract Name], in the amount of [ enter Contract Amount], dated [ enter Contract Date]is a qualified sole source purchase within the City Administrative Policy III-4 Section II (check one of the following) Materials, Supplies & Equipment:
___X___ (a) Definition. Sole source purchases are used where no secondary source is reasonably available, precluding the use of a competitive process. ______ (b) Cooperative purchase agreement using....

Consultant or General Services:
_____ (a.) In the case where a consulting firm has satisfactorily performed the previous stage of a project (e.g. a pre-design), or has acquired extensive background and working knowledge, the firm may be selected for follow- up work without solicitations from other firm upon written justification and recommendation of the department head and approval by the City Manager or designee.
______ (b.) If a firm is a highly recognized authority in a field or specialty, or has unique specific knowledge regarding the project, then the firm may be selected without other solicitations for contracts and upon written justification and recommendation of the department head and approval by the City Manager or designee. ______ (c.) Upon those infrequent occasions when confidence in the consultant and quality of service are important.

Flock Safety is the only company that offers a lease program for this level of technology and is further integrated with our Axon Fleet cameras who use the Flock Safety Technology for ALPR. __________________________________________ ______________________________________ Dept Head Date City Manager Date
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What is Flock Safety?
Leased ALPR cameras for Law Enforcement
Automated License Plate Reader (ALPR)
Police Departments: • Watsonville PD
• Milpitas PD
• Santa Clara PD
• San Jose PD
• Gilroy PD, Morgan Hill PD
• Salinas PD
• Santa Clara PD
• Alameda County SO
• Santa Clara
• Foster City
• 38 States
• 1500+ Cities
• 500+ Police Departments
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he Current Reality
Staffing remains a challenge
Technology is the future
Trust and transparency are vital
The Opportunity
● Technology is a force multiplier
● Capture and distribute objective
evidence to the right user. BADGES
● Engage community to support and grow
155
Item 8 B.
• Enhance public safety for the community
by having cameras act as a deterrent
• Assist Patrol and Investigations Unit with
solving crimes efficiently (i.e. burglary,
homicide/shooting, hit-and-run, missing
person
• Real time alerts for vehicles of interest and
stolen vehicles
How does
ALPR
technology
benefit your
jurisdiction?
156
Item 8 B.
157
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HOW IS THIS TECHNOLOGY
DIFFERENT?
• FingerprintTM Technology (i.e color, make,
model, racks, bumper stickers, size, State,
damage, etc) • Vehicle Recognition vs ALPR
• Axon Integration - Fleet 3 In-car Camera and
Evidence.com upload for advanced searching
• Training Required – Unique login
• Mobile Alerts
• Night Vision – Captures vehicles traveling up
to 90 MPH
• Multi-lane view of traffic
158
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159
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• Set stationary
cameras at
choke points
throughout the
city • Gather crime
data for
further camera
placement
160
Item 8 B.

Solar &
Existing Pole
Electric & Existing
Structure / Pole
Solar &
Flock Pole
Solar &
Traffic Pole
161
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NOT
NOT
NOT
NO
Protecting Privacy Ethics-Driven Innovation
162
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100% Transparency
Available on local city website
Managed by Flock Safety
163
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•
•
•
•
•
•
164
Item 8 B.
•
•
•
165
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CASE STUDY LONG TERM RESULTS
“Word has gotten out about these
ALPR programs, and folks that are
in the business of stealing cars will
typically do a little bit of research
and find out that a city that has an
ALPR program they then want to
avoid”
-Chief Ian Schmutzler
Vacaville PD Vacaville, CA
33%
Decrease in
Reported Vehicle
Thefts
35%
Increase in
Arrests related to
Vehicle Thefts
2x
Requested
increase in # of
cameras
Less Vehicle Thefts are happening in
Vacaville, and more of them are
getting solved
166
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Subscription: $3,000
Lease per camera, per year*
Annual Subscription Includes

CAMERA HARDWARE
•Automatic License Plate Reader •Solar or DC Power •Mounting Equipment •Maintenance Warranty

HOSTING & ANALYTICS
•Cloud Hosting & LTE Connectivity
•Unlimited User Licenses
•Hotlist Integration & Alerts
•Ongoing Software Enhancements
*five (5) camera minimum
*one time implementation fee per camera = $350 ($750 for State RoW) *Flock Safety does not provide electrical services | electrical work not included 167
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FISCAL IMPACT – UTILIZING SLESF FUNDING
*Advanced Search Module: From $2,500 to a maximum of $5,000 per year. (25 cameras) $3,500 per year * 168
Item 8 B.

CAPITOLA POLICE CHIEF’S ADVISORY COMMITTEE RECOMMENDATIONS 169
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•
170
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QUESTIONS?
171
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Capitola City Council
Agenda Report
Meeting: March 28, 2024
From: Public Works Department
Subject: Park at Rispin Mansion 2024
Recommended Action: Authorize the City Manager to execute a Public Works Agreement with Betz Works for the Rispin Mansion Park Project in an amount not to exceed $949,000.

Background: The Rispin Mansion Park Project, initiated in 2014, is intended to transform the Rispin Mansion property into a public park. It is important to note the restoration of the building's interior is not within the scope of this project. The initial phase, completed in 2016, saw the construction of accessible pathways from both Nob Hill Shopping Center and Wharf Road. The proposed project involves grading, fencing, landscaping, historical reconstruction, and related park features on the Rispin Mansion property.

On July 28, 2022, the City Council approved plans, specifications, and construction budget of the Park Project. Active construction is constrained by environmental regulations, restricting it to the period between April 15 and October 15. In 2023, staff initiated the project bidding process to maximize the active construction window. Unfortunately, a bid solicitation conducted in February 2023 did not generate any responses from contractors. In compliance with provisions outlined in the public contract code, including Public Contract Code section 22038, staff subsequently entered into negotiations with contractors who participated in the bid walk, ultimately achieving a successful negotiation with Betz Works.

Discussion: The approved budget for the project is $949,000, which staff used as the basis for negotiations with Betz Works. However, this budget falls short of covering the full scope of the project as approved by the City Council. The proposed scope includes the construction of an amphitheater, fencing, seating and picnic tables, repair of the grand staircase and other historical elements, a drinking fountain, lighting, and associated irrigation and civil site improvements.

Staff requested that Betz Works also provide pricing for excluded elements outlined in Table 1. These additions would enhance the park space's attractiveness and versatility, aligning with the community's desire for a well-rounded and aesthetically pleasing public space. At this time, there is no identified funding for these additional elements.

Table 1 : Excluded Project Elements
Item Cost
Acanto Fountain Emitter $6,800
Bike Post Bollard (5 units) $7,000
Ceramic Plant Containers (4 units) $7,200
Ceramic Urns (2 units) $1,600
Game Table with Benches $42,000
Oak Leaf Fountain Emitter $2,880
Pelican Sundial & Sundial Pad $18,800
New Arbor with Columns $82,120
Bocce Ball Court $52,800
2550 sq. ft. of Pavers $108,800
172
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Planting $20,000
Total $350,000
Fiscal Impact: The available funding for this project is $980,600, which includes a Proposition 68 grant from CA State Parks totaling $178,000. Staff recommends moving forward with the project to ensure that these grant funds do not expire before project construction commences. The fiscal impact is within the approved budget, and any additional costs for the excluded elements in Table 1 may be addressed through future budget adjustments or alternative funding sources.

Attachments:

1. Betz Works Agreement
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
173
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CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT

THE PARK AT RISPIN MANSION

BETZ WORKS
THIS AGREEMENT is entered into on March 28, 2024 by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and Betz Works, hereinafter called "Contractor".

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

SECTION 1
Scope of Services
The services to be performed under this Agreement are for Park development at Wharf Rd and Clares Street (APN 035-371-01), City of Capitola, CA and further detailed in Appendix One.

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

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

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

Contractor shall meet with the Public Works Director, called “Director," or other City personnel, or third parties as necessary, on all matters connected with carrying out of Contractor's services described in Appendix One. Such meetings shall be held at the request of either party hereto. Review and City approval of completed work shall be obtained monthly, or at such intervals as may be mutually agreed upon, during the course of this work. 174
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2 City of Capitola The Park at Rispin Mansion Betz Works SECTION 3
Duties of the City
City shall make available to Contractor all data and information in the City's possession which City deems necessary to the preparation and execution of the work, and City shall actively aid and assist Contractor in obtaining such information from other agencies and individuals as necessary.

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

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

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

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

Work shall begin on or about April 15, 2024.

In the event that major changes are ordered or Contractor is delayed in performance of its services by circumstances beyond its control, the City will grant Contractor a reasonable adjustment in the schedule for completion provided that to do so would not frustrate the City's objective for 175
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3 City of Capitola The Park at Rispin Mansion Betz Works entering into this Agreement. Contractor must submit all claims for adjustments to City within thirty calendar days of the time of occurrence of circumstances necessitating the adjustment.

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

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

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

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

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

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

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

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

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

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
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4 City of Capitola The Park at Rispin Mansion Betz Works

3. 4.

Employer’s Liability
Insurance
Errors and Omissions
Liability:

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

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

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

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City 177
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5 City of Capitola The Park at Rispin Mansion Betz Works reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

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

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

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

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

SECTION 13
Amendments
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Contractor. Contractor acknowledges that no such amendment shall be effective until approved and authorized by the City Council, or an officer of the City when the City Council may from time to time 178
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6 City of Capitola The Park at Rispin Mansion Betz Works empower an officer of the City to approve and authorize such amendments. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Appendix Two. Such authority is retained solely by the City Council. Unless expressly authorized by the City Council, Contractor's compensation shall be limited to that set forth in Appendix Two.

SECTION 14
Miscellaneous Provisions

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

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

3. Licensure. Contractor warrants thereby represents that he or she has an established trade, occupation, or business in the same nature of services Contractor is performing under this Agreement. Contractor warrants that he or she has complied with any and all applicable governmental licensing requirements.

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

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

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

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

8. Conflicts of Interest. Contractor stipulates that corporately or individually, its firm, its employees and subcontractors have no financial interest in either the success or failure of any project 179
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7 City of Capitola The Park at Rispin Mansion Betz Works which is, or may be, dependent on the results of the Contractor's work product prepared pursuant to this Agreement.

9. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:
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8 City of Capitola The Park at Rispin Mansion Betz Works

CITY CONTRACTOR

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
Betz Works
310A Kennedy Dr
Capitola, CA 95010
831-400-8466
By:_________________________________
Benjamin Goldstein, City Manager
By:_______________________________
Allan Betz
Dated:________________________________ Dated:____________________________ Approved as to Form:
_______________________________
Samantha W. Zutler, City Attorney
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9 City of Capitola The Park at Rispin Mansion Betz Works

APPENDIX ONE
Scope of Services
[To be completed by Contractor]
I.REQUIRED CONTRACTOR INFORMATION
NOTICE: In the case of a corporation, complete the following:

Corporation Name:

Business Address:

Mailing Address:

President:

Business Address:

Mailing Address:

Secretary:

Business Address:

Mailing Address:

Treasurer:

Business Address:

Mailing Address:

Manager:

Business Address:

Mailing Address:
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10 City of Capitola The Park at Rispin Mansion Betz Works II.LIST OF SUBCONTRACTORS
The shall list the name, location of place of business, the California contractor’s license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, and the dollar amount and proportion (in percent) of work of each subcontractor to whom the Bidder proposes to subcontract portions of the work.

Subcontractor Name
Location of
Place of
Business
CSLB
License
Number
Public Works
Contractor
Registration
Number
Amount and
Proportion of
Subcontractor Work
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11 City of Capitola The Park at Rispin Mansion Betz Works III.CONTRACTOR REFERENCE INFORMATION
To complete this proposal, contractors shall list previous similar work performed, the agency for which work was performed, and the contact person.

Project Title Company Contact Person/Phone
Number
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ __
____________________________________________________________________________ ____
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12 City of Capitola The Park at Rispin Mansion Betz Works IV.FAITHFUL PERFORMANCE & MAINTENANCE BOND
WHEREAS, the City of Capitola, a municipal corporation, in the County of Santa Cruz, State of California, has awarded to ____________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:

The Park at Rispin Mansion
WHEREAS, said Principal is about to enter into the contract with the City of Capitola:

NOW, THEREFORE, we, the Principal, and ____________________________________, a corporation organized and existing under and by virtue of the laws of the State of California, as surety, are held and firmly bound unto the City of Capitola, a municipal corporation in the County of Santa Cruz, State of California, in the sum of _____________________________ ______________________________dollars ($____________) being not less than one hundred percent (100%) of the estimated contract costs of the work, to be paid to the City of Capitola, for the payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns; NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his/her heirs, executors, administrators, successors, or assigns shall in all things abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as herein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmless the City of Capitola, its officers and agents as therein stipulated, that this obligation shall be discharged, otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the said contract, the above obligation in the amount of dollars ___________________________________________dollars ($_________), being not less than 10 percent of the estimated contract cost, shall remain in force for a period of one (1) year after the completion and acceptance of the said work, during which time if the Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Capitola from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ___________________________________________________________________ dollars ($_________), shall remain in full force and effect, otherwise the obligation shall be discharged.

However, notwithstanding any other provisions of this paragraph, the obligation of the surety hereunder shall continue so long as any obligation of the Principal remains.

The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications shall in any way effect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.
185
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13 City of Capitola The Park at Rispin Mansion Betz Works IN WITNESS whereof, the parties have executed this instrument under their seals, this____day of__________________, 20____, by its undersigned representative, pursuant to the authority of its governing body, the day and year first hereinabove written. ________________________________

PRINCIPAL
________________________________
SURETY
186
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14 City of Capitola The Park at Rispin Mansion Betz Works V.LABOR AND MATERIAL BOND
WHEREAS, the City of Capitola, a municipal corporation in the County of Santa Cruz, State of California, has awarded to _____________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:

The Park at Rispin Mansion
WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, the said Principal is about to enter into the annexed contract with the City of Capitola to complete the work or improvement referred to above for the City of Capitola, County of Santa Cruz, State of California, all as more particularly and in detail as shown upon the Special Project Specifications and Contract Documents filed in the Public Works Department of the City of Capitola;
NOW, THEREFORE, we the Principal, and a corporation
organized and existing under and by virtue of the laws of the State of California, as surety, are held and firmly bound unto the City of Capitola in the sum of _________________________________dollars ($________) such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Capitola, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or his/her subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.

The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall 187
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15 City of Capitola The Park at Rispin Mansion Betz Works in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this_____ day of____________________, 20__, and duly signed by its undersigned representation, pursuant to authority of its governing body. __________________________________

PRINCIPAL
__________________________________
SURETY
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16 City of Capitola The Park at Rispin Mansion Betz Works VI.SCOPE OF WORK

6.01 WORK TO BE DONE – Furnish and deliver all materials and to do and perform all work in accordance with the plans and contract documents of the City of Capitola for The Park at Rispin Mansion
and referred to the "Notice to Contractors/Notice Inviting Sealed Proposals of Bids", dated February 22, 2023 and further limited to the below schedule of values, and to provide all necessary machinery, tools, apparatus, and other means of construction and do all work and furnish all materials required by said specifications, plans, and drawings in the manner prescribed therein.

Schedule of Values
Material Unit
s
Quantity Material Units Quantity

FENCING NEW ELEMENTS
30" high metal fence LF 105 Amphitheater EA 1
5' high black metal fence LF 64
6' high black chain fencing LF 140 IRRIGATION
6' high black metal fence LF 304 Per Plan LS 1
Double gate at steps EA 1
Single gate at ramp EA 1 Civil Improvements
Single stair handrail at grand
staircase LF 84 AC & AB Class 2 SF 400
Christy V12 EA 6
SITE FURNISHINGS Concrete flatwork incl AB Class
2 SF 350
3' concrete benches EA 4 Curb LF 340
6' picnic tables w/ 2 benches EA 1 Decomposed Granite SF 3360 6' recycled plastic bench EA 12 Deepened Vertical Curb/Dwarf Wall LF 150
8' picnic table w/2 5' benches
ADA EA 1 Demolition, Grub & Grade LS 1
Dog cleanup station EA 2 Drain Pipe LF 500
Drinking Fountain EA 1 Energy Disapator EA 2
Recycling receptacle EA 3 Erosion Control EA 1
Street lights EA 8
Grub and Grading (incl
Compaction) SF 17500
Trash receptacle EA 3 Pedestrian Handrailing LF 0
Pedestrian Guardrail with
handrail LF 104
HISTORIC ELEMENTS SDCO EA 3
Concrete floor with color EA 1
Fountain plumbing/repair/ EA 1
Grand staircase and entry stairs EA 1
New concrete columns EA 3
Restoration of historic elements EA 1
Wall cut/repair/remove/new cap EA 1
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Item 8 C.
17 City of Capitola The Park at Rispin Mansion Betz Works

6.02 MAINTENANCE AND CLEAN-UP – Throughout the construction period, the Contractor shall keep the site of the work in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, keep debris out of drainage ditches, and maintain proper housekeeping practices to the satisfaction of the Director.

When any material is to be disposed of outside of the easement or street or highway right-of-way, the Contractor shall first obtain written permission from the owner on whose property the disposal is to be made. Disposal must conform to grading ordinances of the jurisdiction in which the work is performed.

Upon completion of the work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all portions of the work shall be left in a neat and orderly condition.

The final inspection, acceptance, and final payment will not be made until this has been accomplished.

6.03 CHANGES & CHANGE ORDERS – The City may increase or decrease quantities of work to be done under the Contract, make revisions to the Drawings or Specifications, or require the performance of extra work and furnishing of materials therefor by the Contractor as the City requires for the proper completion or construction of the whole work contemplated. The City, at its option, may furnish said materials.

When alterations in quantities of work for which unit prices are shown in the proposal are ordered and performed, the adjustment in the contract amount shall be determined on the basis of such unit prices for the actual quantities of work done. Adjustments, if any, in the amount to be paid the Contractor by reason of any other modifications of the work as set forth in a contract change order, shall be determined by one or more of the following methods:
a. Lump Sum Price. By an acceptable lump-sum proposal from the Contractor. Said proposal shall be based on a cost estimate as to materials, equipment, and labor, to which total may be added a maximum of 15 percent for overhead, profit, and all other expenses; this 15 percent limitation shall apply for work done directly by the Contractor's organization or by his/her subcontractors, and shall be added only once.
b. Unit Prices. By unit prices fixed by agreement between the City and the Contractor.
c. Force Account. By ordering the Contractor to proceed with the work and to keep and present in such form as the Director may order, a correct account of the cost of the change, together with all vouchers therefor.

The changes will be set forth in written Contract Change Orders which specify the work to be done in connection with the changes, the basis of compensation for the work, and any adjustments of contract time. Such Change Orders shall be approved by the Director.

Upon receipt of an approved Contract Change Order, or of a written authorization from the Director setting forth a description of the change and agreed upon changes in contract price, the 190
Item 8 C.
18 City of Capitola The Park at Rispin Mansion Betz Works Contractor shall proceed with the work so ordered. The Contractor may request the issuance of Change Orders. In the absence of an approved Contract Change Order or written authorization, the Contractor shall not be entitled to payment for any changed or extra work or any adjustment of Contract time.

When the changes increase or decrease the cost of the work, an adjustment of the Contract price will be made as set forth in the Change Order. At the option of the City, the work which is changed may be paid for on the basis of force account.

New and unforeseen items of work will be classed as extra work when the item cannot be covered by any of the various items or combination of items for which there is a bid price. The Contractor shall do such work and furnish such materials and equipment as may be required in writing by Director, but shall do no extra work except upon written order from the Director, and in the absence of such written order, (s)he shall not be entitled to payment for such extra work. All bills for extra work done in any month shall be filed in writing with the Director before the fifteenth of the following month. For such extra work, the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, (s)he shall be paid on force account.

If the work is done on force account, compensation shall be in accordance with Article 9.04 of these Specifications. The City reserves the right to furnish any material deemed expedient and the Contractor shall have no claim for profit on the cost of such materials. All Contractors shall have no claim for profit on the cost of such materials. All extra work shall be adjusted daily upon report sheets furnished to the Director by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of extra work done. 191
Item 8 C.
19 City of Capitola The Park at Rispin Mansion Betz Works

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

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

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $949,000 (Nine Hundred Forty-Nine Thousand Four Hundred Dollars and Zero Cents), without specific, written advance authorization from the City.

Payments shall be made monthly by the City, based on itemized invoices from the Contractor which list a brief description of the services performed, the date the services were performed, the hours spent and by whom, and a brief description of the actual costs and expenses incurred. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Such payments shall be for the invoice amount.

The monthly statements shall contain the following affidavit signed by a principal of the Contractor’s firm:
"I hereby certify as principal of the firm of _______________, that the charge of $_______ as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated , , and has not been previously paid." 192
Item 8 C.

Site Furnishings Legend
Container w/ Color
Trash Receptacle
2 3
on Light Pole
Street Light fixture
Bike Post Bollard
6' Metal Bench
Key Description
8 8
4 12
Quantity
Recycling Container 3
Manufacturer/Distributor
Bench 57 - 60PL - 3AR
Model #
Deep Red color base w/ Cedar color recycled plastic top 6' long recycled plastic bench w/ armrest
Color/Finish
Container w/ Color 6
3' Concrete Bench 4
1 4
Accesible Chess Table 2
with two Benches
Historical Series Accessible
1 1
Accesible Table/Benches
Table/Benches
Kenneth Lynch & Sons 6732 Concrete table top with metal legs 203.264.2831
6737C
Receptacle 107 32 gal. Steel with Deep Red Powder Coat finish Most Dependable Fountains, Inc.

Receptacle 107
2008 SM heavy-duty aluminum alloy pedestal
"Hi-Lo" barrier-free antique historic style
Textured Bergundy powder coat finish
(chess table)
(bench)
Pottery Planet 831.465.9216
32 gal.

Bench 6261
76 Series PL 4 Deep Red color base w/ Cedar color recycled plastic top DuMor, Inc., Site Furnishings
with armrest 800.598.4018
Deep Red
Terre Cotta
Pedestal Drinking Fountain
with surface plate mount
76 Series PL 3
with surface plate mount
Wood slats with metal legs
Steel with Deep Red Powder Coat finish
Pelican Sundial 1 No. 2554 11 1/2" diameter Bronze
for fountain and outlook
for grandstaircase columns
for fountain and outlook
www.klynchandsons.com
2600 Soquel Ave, Santa Cruz
www.dumor.com
www.mostdependable.com
800.552.6331
Hourglass and Pelican Sundial
see detail Acanto Fountain Emitter 1 No. M5822-ORB 10.5" diameter Oil Rubbed Bronze, 3 GPM flow Black Oak Foundry 949.305.7372
www.fountainsunique.com
Reliance Foundry 888.735.5680
www.reliance-foundry.com R-7530-B Cuctile Iron Bike Bollard 39" High w/ two loops; Black Textured Semi Gloss finish DOG STATION 3 DOODY CALLS DIRECTTHE SENTRY STATION GREEN doodycallsdirect.com ANCHOR TO CONCRETE FOOTING
Deep Red color base w/ Cedar color recycled plastic top

WALL MOUNT SIGN

PEDESTAL MOUNT SIGN
3 2

PORCELAIN ENAMEL

TO BE SELECTED

LIGHT CREAM FIELD WITH GOLD TITLE LETTERING

SELECTION OF PHOTOGRAPHS AND TEXT TO BE

AND DESIGNED FOR APPROVAL BY CITY
18"H x 36" W x 17"D
21"H x 25"W x 17.5" SQ Base"
circular urn
asilvestri.com
Tapered Rolled Rim Square Pots
A. Silvestri Company Terre Cotta
16" x 38"
see detail Oak Leaf Fountain Emitter 1 No. M209-ORB 8" square in Oil Rubbed Bronze 2 GPM flow Black Oak Foundry 949.305.7372
www.fountainsunique.com
415.239.5990
[email protected]

SEE ELECTRICAL PLANS SEE ELECTRICAL PLANS SEE ELECTRICAL PLANS Post mount down light 12 RAB LIGHTING SLIM12Y Bronze
120V, 12W, 3000K warm Anchor mounting bracket to rail posts

HARDSCAPE AND FENCING LEGEND

SYMBOL DESCRIPTION MANUFACTURER COLOR FINISH/PATTERN

BRICK PAVER
CONCRETE PAVERS*

CONCRETE RAMPS N/A NATURAL GRAY MEDIUM BROOM FINISH

EXISTING TO BE REPAIRED OR

ORIGINAL BRICK ON SITE

MATCH PATTERN AND CUT

HERRINGBONE

REPLACED TO MATCH ORIGINAL

BELGARD AQUALINE SERIES PERMEABLE

N/A CALIFORNIA GOLD WITH STABILIZER

CAL GOLD

DECOMPOSED GRANITE

ON PREPARED BASE

ON CONCRETE

ORIGINAL BRICK WILL BE USED ON THE

TO MATCH
COLOR

SQ FT/LN FT

CONCRETE STEPS N/A TO MATCH ORIGINAL TO MATCH
COLOR

SEE CIVIL PLANS

LANDING BETWEEN UPPER & LOWER
* A SAMPLE OF THE NEW PAVER SHALL BE SUBMITTED FOR APPROVAL OF STYLE, SIZE, AND COLOR BY CITY PUBLIC WORKS STAFF AND LANDSCAPE ARCHITECT

SEE CIVIL PLANS

SEE CIVIL PLANS
160 SF
N/A
N/A
GRAY RAKED 648 SF

CRUSHED OYSTER SHELL

BOCCE BALL COURT
BARK FOR NATURE PLAY AREA YELLOW/BROWN N/A 525 SF

HERRINGBONE SEE CIVIL PLANS

ORIGINAL BRICK ON SITE

STORED IN MANSION

GARAGE SECTIONS OF THE GRAND STAIRCASE

PAVER AT BASE OF GRAND STAIRCASE &

VICTORIAN

AROUND THE REFLECTING POOL
12" DEPTH OF FIBAR ENGINEERED

WHARF ROAD
concrete pavers (n.)
existing wall to remain unchanged
concrete pavers (n.)
pedestrian
ADA ramp (e.)
steps (e.)
concrete pavers (n.)
column
5'-8"
8'-6"
5'-0"
7'-6"
18'-0"
13'-0"
5'-0"
12'-0"
5'-0" 8'-8"
28'-0"
10'-6"
13'-9" 3'-6" typ.
12" typ.
16'-2"
16'-0" concrete pavers (n.)
concrete pavers (n.)
12'-4"
14'-3"
30"
amphitheater (N)
see details A & B/L1.8
chess tables (N) see
legend sheet L1.9
ramp (e)
Arbor (H) see
details B & B1/L1.7
ramp up DG path
over roots of Oak
raised planter (N)
see detail A/L1.8
bocce ball court 10 x 60' (N) chain off conservation area (N) see detail C/L1.11
dance steps
(N)
sculpture garden pedestal (N)
see detail D/L1.8
drinking fountain (N)
see legend sheet L1.9
bike rack bollard (N) and
trash/recycling
see legend sheet L1.9
bench (N) (typ.) see
legend sheet L1.9
bike rack bollard (N)
see legend sheet L1.9
bench (N) (typ.) see site
furnishings legend sheet L1.9
decomposed granite path (N)
decomposed
granite path (N)
decomposed granite path (E)
main entry
to mansion
bike rack bollard (N) see
legend sheet L1.9
trash/recycling (N)
see site furnishings
legend sheet L1.9
restore balustrade and wall (H) see detail C/L1.6
restore bench and caps to
existing columns behind
fountain (H) see detail B/L1.5
bench (typ.) see legend sheet L1.9
concrete reflecting pool (H)
see detail E and F/L1.8
(NOT IN CONTRACT FOR PHASE II)
street light (N) see legend sheet L1.10
garden steps (H)
rock retaining wall (H) to remain
decomposed granite
picnic area (N)
table (N) see
legend sheet L1.9
existing wall lowered to 30" height with 30" decorative metal fence on top. see details A, B & C/L1.4
existing wall, arch, steps to be
restored, wooden gate to be
removed see details A, B & C/L1.4
existing wall lowered to 30"
height with 30" decorative
metal fence on top. see
details A, B & C/L1.4
new column to match existing column
at terminus of wall. See detail C/1.4
existing path, steps and wall (H) to remain
existing rock walls (H)
to remain
wall column (N)
sundial (N) see detail E/L1.7 existing brick pavers to remain native Oak understory demonstration garden (N)
nature play area (N)
see sheet L1.11
3' concrete benches at overlook
(H) see detail D/L1.7
chain off steps (N)
replace missing section of reflecting pool cap - see detail C/L1.9 sign (N) (typ.)
see sheet L1.9
sign (N) (typ.) see sheet L1.9
sign (N) (typ.) see
sheet L1.9
restore fountain (H) see detail A, B, C & D/L1.5
use original brick on landing
see hardscape legend
tree to be removed (typ.)
10' service vehicle
access gates
ex brick pavers to remain
locate and cap existing pool drain (approximate location) 5'-9"
6'-3"
CL
new concrete connecting ex.
sidewalk to entry landing
natural gray to match sidewalk
12' 12'
12'
12'
decomposed granite
path (E)
underground electrical power
from pole to mansion. See civil
and electrical plans
dog waste station (N)
dog waste station (N)
dog waste station (N)
replace damaged brick pavers as needed
placard base (N)
see sheet L1.9
placard base (N)
see sheet L1.9
new permeable pavers
see hardscape legend
new permeable pavers
see hardscape legend
circular path (H) with
new permeable pavers
see hardscape legend
0 32 feet
1" = 16'
16 48 64
CHECK
DATE
DRAWN
SCALE
JC/MA
MA
1/16" = 1' - 0"

REVISIONS
L- 1.1

HARDSCAPE PLAN
SHEET 3 OF 20
JOB NO.

SHEET
& SITE FURNISHINGS
201503
(Exp 7/31/24)
MICHAEL A.

ARNONE
No. 3347
L
A
S

T TA E OF CA
NECI L
A
DES
L NDSC
A
IF
I
ORN
IT
E
C
T
H
PE ARC

2.22.2023 THE PARK AT RISPIN MANSION
Capitola, California
Wharf Road and Clares Street
© Michael Arnone Landscape Architect - 2023
193
Item 8 C.

Park at Rispin Mansion
City Council
March 28, 2024
194
Item 8 C.

Full Project Scope
• Grading, fencing, landscaping
• Historical reconstruction
• Park features
• Repair of grand staircase and historical elements
• Installation of drinking fountain and lighting
• Associated irrigation and civil site improvements195
Item 8 C.
2014
Project initiation
2015–2016
Completion of
pedestrian
improvements
2020
Unsuccessful
grant application
July 2022
Approval to bid
Jan 2023
No bids received
Park at Rispin Mansion
Background
196
Item 8 C.
• Strategic planning to maximize active construction period.

Environmental regulations limiting
construction window
• Negotiation with contractors who participated in bid walk.

Recommended agreement with Betz Works.

Lack of contractor bids in initial solicitation
• Prioritization of essential elements, potential for future phases.

Budget constraints compared to project
scope
Park at Rispin Mansion
Current Challenges and Solutions
197
Item 8 C.
• Amphitheater
• Handrails for existing steps to Mansion
• Nature Play Area
• Modifications of garden wall along Wharf Road
• Fencing
• Overhead lighting
• ADA pathway to mansion level
• Benches, trash and recycling receptacles
• Automatic Drip Irrigation system
Park at Rispin Mansion
Current Scope
198
Item 8 C.

Amphitheater
199
Item 8 C.

Grand Staircase
200
Item 8 C.

New Fencing, Light locations, Wall Treatment
201
Item 8 C.

Item Cost
Acanto Fountain Emitter $6,800
Bike Post Bollard (5 units) $7,000
Ceramic Plant Containers (4 units) $7,200
Ceramic Urns (2 units) $1,600
Game Table with Benches $42,000
Oak Leaf Fountain Emitter $2,880
Pelican Sundial & Sundial Pad $18,800
New Arbor with Columns $82,120
Bocce Ball Court $52,800
2550 sq. ft. of Pavers $108,800
Planting (additional) $20,000
Total $350,000
Park at Rispin Mansion
Excluded Project Elements
202
Item 8 C.

Game Table with Benches (13)
and associated site work
Park at Rispin Mansion
Excluded Project Elements
203
Item 8 C.

Bocce Ball Court (17)
Sundial Restoration (7)
Arbor (15)
Park at Rispin Mansion
Excluded Project Elements
204
Item 8 C.

Park at Rispin Mansion
Excluded Project Elements
Fountain Emitters
205
Item 8 C.

New Pavers
Park at Rispin Mansion
Excluded Project Elements
206
Item 8 C.
• Available funding: $980,600
• Includes Proposition 68 grant: $178,000
Total project budget: $949,000
Recommended scope within approved budget
Ability to complete more elements in future phases
Park at Rispin Mansion
Fiscal Impact
207
Item 8 C.

Work Window: April 15
- October 15
Only minor disturbances
permitted outside this
timeframe.

Anticipated Start Date: April 22
Completion: Fall
Park at Rispin Mansion
Project Schedule
208
Item 8 C.

Recommendation
Authorize the City
Manager to execute a
Public Works
Agreement with Betz
Works for the Rispin
Mansion Park Project
in an amount not to
exceed $949,000.
209
Item 8 C.

Capitola City CouncilMarch 28, 2024

Capitola City Council
March 28, 2024