Agenda packet — Capitola City Council, June 13, 2024

REVISED 6/12/2024 3:30 PM
City of Capitola
City Council Meeting Agenda
Thursday, June 13, 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 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Negotiator: Mark Wilson, Labor and Employment Practice, Burke, Williams, & Sorensen, LLP (Association of Capitola Employees, Mid-Management Employees, Police Captains, and Management); Samantha Zutler, City Attorney (Confidential Employees and City Manager) Employee Organizations: Association of Capitola Employees, Mid-Management Employees, Confidential Employees, Police Captains, Management, and City Manager ii. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov’t. Code§54956.9(d)(2).

One Case
Regular Meeting of the Capitola City Council – 6 PM
All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

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

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Mayor's Proclamation Honoring Elder Abuse Month
B. Proclamation Honoring the 150th Anniversary of "Camp Capitola's" Founding

4. Report on Closed Session

5. Additional Materials
1 City Council Meeting Agenda – June 13, 2024
City of Capitola Page 2
Additional information submitted to the City after distribution of the agenda packet.

A. Item 8F - Staff Memorandum and Updated Attachments 1 and 3 B. Item 8H - Updated Staff Report and Attachments
C. Item 9A – Staff Memorandum

6. 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 for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.

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

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

A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on May 23, and the special meeting on May 30, 2024.

B. City Check Registers
Recommended Action: Approve check registers dated May 3, May 10, May 17, and May 24, 2024.

C. City Investment Policy
Recommended Action: Approve the City's Administrative Policy Number III-1, Investment Policy as recommended by the Finance Advisory Committee.

D. Year 2024-25 Appropriation Limit
Recommended Action: Adopt a resolution establishing the Fiscal Year 2024-25 appropriation limit.

E. Criminal Justice Council of Santa Cruz County
Recommended Action: Authorize the City Manager to sign the third amendment to the Joint Exercise of Powers Agreement re-establishing the Criminal Justice County of Santa Cruz County to provide for a one-year extension through June 30, 2025.

F. Construction Contract for Wharf Improvements
Recommended Action: 1) By motion, authorize the City Manager to execute Amendment 1 to the Professional Services Agreement with Fuse Architects, Inc. in the amount of $37,000, for a total contract amount of $73,100, for the final design of the Wharf Enhancement Project; and 2) Adopt a resolution authorizing the City Manager to execute a sole source Professional Services Agreement with Fuse Architects, Inc. in the amount of $199,325 for fabrication and installation of Capitola Wharf enhancements.
2 City Council Meeting Agenda – June 13, 2024
City of Capitola Page 3
G. 2024-25 Road Maintenance and Rehabilitation
Recommended Action: Adopt a resolution adopting a list of road maintenance and rehabilitation projects for Fiscal Year 2024-25 funded by Senate Bill 1: the Road Repair and Accountability Act of 2017.

H. Memoranda of Understanding with Employee Groups
Recommended Action: 1) Authorize the City Manager to execute a successor agreement to the existing Memoranda of Understanding with negotiated changes for the Confidential Employee Group and the Association of Capitola Employees, subject to technical corrections; and 2) adopt a resolution approving the updated salary schedule, effective June 23, 2024.

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

A. Short-Term Wharf Use Agreement and Temporary Structure Plan Recommended Action: 1) Authorize the City Manager to sign a short-term use agreement between the City of Capitola and JFS Incorporated (dba Boat and Bait) for temporary structures located on the Capitola Wharf in substantially similar form, as approved by the City Attorney, as the attached agreement; and 2) approve the outlined temporary structure plan.

B. Capitola Village and Wharf Business Improvement Area Assessments for Fiscal Year 2024-25 Recommended Action: Conduct the noticed public hearing and adopt a resolution levying the Fiscal Year 2024-25 Capitola Village and Wharf Business Improvement Area (CVWBIA) Assessments and accepting the CVWBIA Annual Plan and budget.

C. FY 2023-24 City Fee Schedule
Recommended Action: Adopt a resolution amending the fee schedule for Fiscal Year (FY) 2023-

24. 10. Adjournment - The next regularly scheduled City Council meeting is on June 27, 2024, at 6:00 PM.
_____________________________________________________
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
3 City Council Meeting Agenda – June 13, 2024
City of Capitola Page 4
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.

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 and at Capitola City Hall prior to the meeting. 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 by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Memo
To: City Council
From: Jessica Kahn, Public Works Director
Date: June 12, 2024
Re: Item 8F: Construction Contract with Fuse Architects, Inc. for Wharf Improvements
Staff has made the following changes to Attachments 1 and 3 that were included in the original agenda packet for the June 13th City Council Meeting.

Attachment 1: The Wharf plans included in the staff report mistakenly featured outdated renderings of the donor panels' locations. The plans accompanying this memo contain the updated renderings. All components reflect the final approved layout by the Planning Commission, as presented to the City Council during the May 9, 2024 City Council Meeting.

Attachment 3: The Agreement has been updated to include language approved by the City Attorney and Fuse Architects, Inc.

Attachments:

1. Plan Set

3. Contract for fabrication and installation of Wharf Enhancements with Fuse Architects Public Works Department
5 Item 5 A.

GSPublisherVersion 229.63.84.5

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.9325
411 Capitola Ave.

Capitola CA 95010
fuse architects inc.

Project Name
Seal/Signature
5041 FERN FLAT RD.

APTOS, CA. 95003

GLADSTONE
ADU

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL

03.30.25 No. C-29550

04.30.25 512 Capitola Ave + Capitola + CA + 95010
a r c h i t e c t s + b u i l d e r s
SHEET
NUMBER
A0
A1.0
A1.1
A1.2
A1.3
A1.4
A1.5
A1.5
A1.5
A2
A3
A4
A5
A6

SHEET NAME

COVER SHEET

WHARF SITE PLAN - OVERALL
ENLARGED WHARF SITE PLAN - SECTION 01
ENLARGED WHARF SITE PLAN - SECTION 02
ENLARGED WHARF SITE PLAN - SECTION 03
ENLARGED WHARF SITE PLAN - SECTION 04
ENLARGED WHARF SITE PLAN - SECTION 05
ENLARGED WHARF SITE PLAN - SECTION 06
ENLARGED WHARF SITE PLAN - SECTION 07

REVISED SCHEMATIC - WHARF ENTRY

WHARF ENTRY

DONOR PANEL LAYOUT

PHOTO RENDERINGS

BATHROOM

DRAWING INDEX

ARCHITECT /

APPLICANT
FUSE ARCHITECTS + BUILDERS
512 CAPITOLA AVENUE
CAPITOLA, CA 95010
C: DAN GOMEZ
T: (831) 479-9295
E: [email protected]
n
pacific ocean
Wharf C A P I T O L A W H A R F ENTRY GATE

CITY OF CAPITOLA CAPITOLA CALIFORNIA

SCHEMATIC DESIGN - CONCEPTUAL PLAN
MARCH 21, 2024
6 Item 5 A.

GSPublisherVersion 229.63.84.5

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

Capitola CA 95010
fuse architects inc.
© 2018 Fuse
Scale
Description
Project Number
Project Name
Seal/Signature
\\NEWFUSE\Fuse_Files\Architecture\Gladstone-ADU\BIM\CENTRAL\Gladstone - ADU 3.0.rvt 5 1/ 6/2
018 10:3
0 5: 4
A
M
5041 FERN FLAT RD.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.0
As Indicated
APN #: 123-456-78
Capitola Wharf

WHARF SITE PLAN - OVERALL
5/1/2024 11:54 AM

03.30.25 No. C-29550
© FUSE ARCHITECTS + BUILDERS 2021
Scale
Sheet Title
Accessor's Parcel Number
Project Name
Seal/ Signature
Revision Date Issue Description
Project Submittal Record
512 Capitola Ave + Capitola + California + 95010
a r c h i t e c t s + b u i l d e r s
fusearchitecture.com 831.479.9295

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
<E> ASPHALT
<E> WATER
<E> ROOFING @ BATHROOM

SITE PLAN
3'-0" 6'-0" 6'-0" 6'-0" 6'-0"
9'-0"
ENTRY
AREA
SECTION 01:

SEE ENLARGED PLAN / SHEET: A1.1
V.S. 01
SECTION 02:

SEE ENLARGED PLAN / SHEET: A1.2
SECTION 03:

SEE ENLARGED PLAN / SHEET: A1.3
BATHRM.

VIEWING
STATION 01
(TYPICAL)
V.S. 02
V.S. 03
SECTION 04:

SEE ENLARGED PLAN / SHEET: A1.4
SECTION 05:

SEE ENLARGED PLAN / SHEET: A1.5
SECTION 06:

SEE ENLARGED PLAN / SHEET: A1.6

VIEWING
STATION 02
(TYPICAL)

VIEWING
STATION 03
(TYPICAL)
V.S. 04
SECTION 07:

SEE ENLARGED PLAN / SHEET: A1.5

VIEWING
STATION 04
(TYPICAL)

KEYNOTES KEY NOTES
n
OVERALL WHARF SITE MAP / SECTION #01 THROUGH #03
OVERALL WHARF SITE MAP - SECTION: #04 THROUGH #06
OVERALL WHARF SITE MAP - SECTION: #07
7 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.1
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 01
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
24"
3'-0" 1'-0"
APPROX. 20'-0"
+/- 2'-0"
6'-0" 6'-0" 6'-0" 6'-0"
2'-0"2'-0"
2'-0"
3'-0"
30" APPROX. 16'-0" 30"
30"
9'-0"
LP 01 SLIDE OPEN

ARCHWAY TO SWING
OPEN LARGE EQUIP.

ACCESS

FOOTWASH / BOTTLE FILLER
BIKE LOOPS:
(COUNT: 10)

WOOD / COMPOSITE BENCHES -
APPROX. 40 BENCHES TOTAL -
LABELED: B1 THROUGH B40

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS
FISH LABELED: 1 THROUGH 40
TC 2
TC 1 B1 B2 B3 B4
1 5
2 4
3 1 2 3 4 5 6 7

CITY DEDICATION
PANELS
1 2

GATE PILLARS &

SLIDE AWAY GATE
(N) MOVEABLE TRASH CANS
COUNT: 10 CANS
(N) LAMP POSTS /
COUNT: 10 POSTS

BRONZE FISH INLAY

LEADING TO &

FROM VIEWING STATIONS
FISH LABELED: 1 THROUGH 40
FACE OF BENCHTO FACE OF RAIL, TYP.

BACK OF BENCH
TO CAR AISLE, TYP.

DASHED LINE & ARROW D

INDICATE CORRIDOR FOR CARS

BATHROOM
OPTION 2A: ALTERNATE LOCATION OF 2'x3' DONOR
PANELS MOUNTED TO GUARD RAIL PANEL LABELED: 1-7
<E> WATER
<E> ROOFING @ BATHROOM
TC #00 - (N) MOVEABLE TRASH CAN W/ LOCATION NUMBER
LP #00 - (N) LAMP POST MOUNTED TO WOOD DECK W/ LOCATION NUMBER FISH #01 - (N) FISH CLEANING STATION / DIMENSIONS T.B.D.

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
2 SITE PLAN SECTION 01 1/4" = 1'-0"
ABBRIVIATION LEGEND:

KEYNOTES
n
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
8 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.2
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 02
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
5'-0" 6'-0"
3'-0"
6'-0"
24"
3'-0"
6'-0"
24"
MIN. 36"
8'-0" 6'-0"
APPROX.
2'-6"
6'-0"
6'-0"
9'-0"
30" 24"
V.S. 01
LP 02

VIEWING STATION

BINOCULARS, PERMANENTLY

MOUNTED TO THE WOOD DECK -
APPROX. (4) FOUR UNITS

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS

TRASH CAN & BENCHES

BOTH FIXTURES ARE

MOVEABLE DURING OFF SEASON

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS

FINAL LOCATIONS TO AVOID DIRECT CONTACT
WITH CAR TIRES / LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

DASHED LINE & ARROW INDICATE CORRIDOR FOR CARS
TC 3
2 B6
B5 B7
6 7
8 9
11 10
12 FUTURE EDUCATIONAL SIGNAGE, T.B.D.

VS: #01
TYP. RAIL HT: +42"

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40
TYP. RAIL HT: +42"
FACE OF BENCHTO FACE OF RAIL, TYP.

FACE OF BENCH
TO FACE OF RAIL, TYP.

DEPTH OFBENCH TYP.

BRONZE FISH INLAY

LEADING TO & FROM VIEWING

STATIONS
FACE
OF
BENCH
TO
FACE
OF
RAIL,
TYP.

TYP. RAIL HT: +42"
TYP. RAIL HT: +42"

DASHED LINE & ARROW INDICATE CORRIDOR FOR CARS
MIN. 36"
<E> WATER
<E> ROOFING @ BATHROOM
TC #00 - (N) MOVEABLE TRASH CAN W/ LOCATION NUMBER
LP #00 - (N) LAMP POST MOUNTED TO WOOD DECK W/ LOCATION NUMBER FISH #01 - (N) FISH CLEANING STATION / DIMENSIONS T.B.D.

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
1 SITE PLAN SECTION 02 1/4" = 1'-0"
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
9 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.3
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 03
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
<E> WATER
<E> ROOFING @ BATHROOM
TC #00 - (N) MOVEABLE TRASH CAN W/ LOCATION NUMBER
LP #00 - (N) LAMP POST MOUNTED TO WOOD DECK W/ LOCATION NUMBER FISH #01 - (N) FISH CLEANING STATION / DIMENSIONS T.B.D.

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
3'-0"
6'-0"
24"
3'-0"
6'-0"
24"
8'-0" 6'-0"
6'-0"
36"
8'-0"
6'-0"
6'-0"
24" 30"
LP
0 3
LP
0 4
B8
B9
B10
B11
13 14
15 16
17 18
19 20
21 TYP. RAIL HT: +42"
TYP. RAIL HT: +42"

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10
TYP. RAIL HT: +42"
V.S. 02

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS
LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

FACE OF BENCH
TO FACE OF RAIL, TYP. DEPTH OF BENCH TYP.

FACE OF BENCHTO FACE OF RAIL, TYP.

TYP. RAIL HT: +42"

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS
LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40

FACE OF BENCH
TO FACE OF RAIL, TYP.

TYP. RAIL HT: +42"
MIN. 36" MIN. 36"
TC 4

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS
4 SITE PLAN SECTION 03 1/4" = 1'-0"
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
10 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.4
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 04
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
8'-0" 6'-0"
6'-0"
1'
MIN. 3'-0"
24"
5'-0"
3'-0"
3'-0"
3'-0"
3'-0"
TC 7
TC 5
TC 6
B12
B13
B14
B15
B16
B17
B18
22 21
24 23
24 25
V.S. 02

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40
TYP. RAIL HT: +42"

VIEWING STATION

BINOCULARS, PERMANENTLY

MOUNTED TO THE WOOD DECK -
APPROX. (4) FOUR UNITS

TRASH CAN & BENCHES

BOTH FIXTURES ARE

MOVEABLE DURING OFF SEASON
BENCHES ARE LABELED: 01-15
TRASH CANS ARE LABELED: 01-10

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS

FINAL LOCATIONS TO AVOID DIRECT CONTACT
WITH CAR TIRES / LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)
FUTURE EDUCATIONAL SIGNAGE, T.B.D.

TYP. RAIL HT: +42"

FACE OF BENCH
TO FACE OF RAIL, TYP.

TRASH CAN & BENCHES

BOTH FIXTURES ARE

MOVEABLE DURING OFF SEASON
BENCHES ARE LABELED: 01-15
TRASH CANS ARE LABELED: 01-10
VS: #02

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40

FACE OF BENCH
TO FACE OF RAIL, TYP.

FUTURE EDUCATIONAL SIG
MIN. 36"

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
11 Item 5 A.

GSPublisherVersion 229.63.84.5

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ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.5
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 05
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
3'-0"
5'-0" 6'-5"
6'-0"
24"
36"
36"
36"
36"
36"
LP
0 5
LP 10
TC 8
TC 9
B17
B18
B19
B20
B21 B22
B23 B24
B25
26 27 28
29 30
31 32

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS

FINAL LOCATIONS TO AVOID DIRECT CONTACT
WITH CAR TIRES / LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10
VIEWING STATION V.S. 03

BINOCULARS, PERMANENTLY

MOUNTED TO THE WOOD DECK -
APPROX. (4) FOUR UNITS
FUTURE EDUCATIONAL SIGNAGE, T.B.D.

VS: #03

ALLIGN EDGE OF

BENCHES
INSTALL THE 4TH VIEWING

STATION IN THE CURRENT PHASE

BUT HOLDING OFF ON THE

BRONZE FISH (INDICATED BY

YELLOW DASHED LINE) UNTIL THE

FUTURE USES AND LAYOUT OF
BUILDINGS ARE DETERMINED. FISH

STAMPS TO BE PAINTED ON THE
WHARF DECK SURFACE IN INTERIM.
3'-0"

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
12 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.5
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 06
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
6'-0" 4'-6" 6'-0" +/- 63'-0" 6'-0" 4'-0" 6'-0" +/- 58'-0" 6'-0" 4'-0" 6'-0" 26'-0" 6'-0" 4'-6" 6'-0"
36"
36"
36"
36"
36"
36"
36"
36"
LP
0 6
B25 B26
B27 B28 B29 B30
B31 B32
33 32
34 35
36 37

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40
n
KEYNOTES ABBRIVIATION LEGEND:
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
13 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.5
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 07
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
+/- 7'-0" 16'-0" 6'-6"
6'-0" 4'-0" 6'-0" 36" 36"
36"

EQUAL DISTANCE EQUAL DISTANCE
36"
36"
36"
EQ. DIST. EQ. DIST.

EQ. EQ.
32'-0"
9'-0"
36"
6'-0"
6'-0"
6'-0"
6'-0"
36"
+/- 58'-0"
78'-6" 6'-0" 4''6" 6'-0" 26'-6" 36" 36" LP
0 9
LP
0 7
LP
0 8
PICNIC TABLES - APPROX. (4) FOUR TABLES
LABELED: PT: #01 THROUGH PT: #04
& TRASH CANS / APPROX. (10) CANS LABELED:

TC 1 THROUGH TC 10
LIGHT POLES (x10) (LED)
LABELED: LP 01 THROUGH LP 10
& BENCHES LABELED: B1 THROUGH B40

STAIRS TO LOWER PLATFORM
PER ENG. PLANS
TC 10
B33 B34
B35
B37
B36
B3
8 B39
B40
38 39
40 VS: #04
PT: #01 PT: #02
PT: #03 PT: #04

LOCATION OF FISH

CLEANING STATION
& BOAT LIFT T.B.D.

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10
CENTER

FUTURE EDUCATIONAL
SIGNAGE, T.B.D.

VIEWING STATION

BINOCULARS,

PERMANENTLY

MOUNTED TO THE
WOOD DECK - APPROX.
(4) FOUR UNITS

BENCHES ARE

MOVEABLE

DURING OFF
SEASON
<E> WATER
<E> ROOFING @ BATHROOM
TC #00 - (N) MOVEABLE TRASH CAN W/ LOCATION NUMBER
LP #00 - (N) LAMP POST MOUNTED TO WOOD DECK W/ LOCATION NUMBER FISH #01 - (N) FISH CLEANING STATION / DIMENSIONS T.B.D.

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
n
KEYNOTES ABBRIVIATION LEGEND:
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
14 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A2
As Indicated
APN #: 123-456-78
Capitola Wharf

REVISED SCHEMATIC - WHARF
ENTRY
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
4 REV01 3 1:0.66

PAINTED STAINLESS STEEL FLUTED STONE MOSIAC / GLASS TILE 15 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A3
As Indicated
APN #: 123-456-78
Capitola Wharf

WHARF ENTRY
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
6'-0"
8'-0"
12'-0"
14'-0"
0"
14"-0" OVERALL HEIGHT OF ARCHWAY ABOVE DECK
6'-0" VERTICAL BAR GATE 2'-0" 4'-0" 2'-0"
4" STONE
(+/-) 20"
MOSIAC
4" STONE
16'-0" CLEAR OPENING 30"
PILLAR
30"
PILAR
MIN. +42" GUARDRAIL
(+/-) 7'-0"
MOSIAC
8'-0" OVERAL HEIGHT OF PILLAR
2'-4" PILLAR CAP

PAINTED STAINLESS STEEL ARCH &

HARDWARE
MOSIAC
AREA
(+/-)11sf

FLUTED STONE

SLIDE GATE

BATHROOM
MOSIAC
AREA
(+/-)11sf

PAINTED STAINLESS STEEL

VERTICAL BAR GATE
1 ENTRY WHARF 1/2" = 1'-0"
MATERIALS:
3D IMAGE TO ILLUSTRATE DESIGN INTENT 3D IMAGE TO ILLUSTRATE DESIGN INTENT - PILLAR DETAIL

PAINTED STAINLESS STEEL

FLUTED STONE
16 Item 5 A.

GSPublisherVersion 229.63.84.5

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A4
As Indicated
APN #: 123-456-78
Capitola Wharf

DONOR PANEL LAYOUT
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
14'-6"
+42" A.F.F.
5" 3'-1/2"
2'-0"
1"
2'-0" 2'-0"
1" 1"
2'-0" 2'-0" 31'-0"
1" 1"
2'-0"
1"
2'-0"
LOCATION / OPTION 02:
2' WIDE x 3' TALL DONOR PANELS &

MOSIAC ART PANELS
4" 3'-0"
2'-0" 4" 2'-0" 2'-0"
CITY PANELS:
2' WIDE x 3' TALL
1 OPTION 2B - DONOR PANEL LAYOUT 1/2" = 1'-0"

CITY DEDICATION PANELS

ENTRACE VIEWS
17 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A5
As Indicated
APN #: 123-456-78
Capitola Wharf

PHOTO RENDERINGS
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25

ENTRANCE VIEW
18 Item 5 A.

GSPublisherVersion 229.63.84.5

ED SNECI L

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F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A6
As Indicated
APN #: 123-456-78
Capitola Wharf

BATHROOM
5/1/2024 11:54 AM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25

CLAD THE BATHROOM IN COMPOSITE WOOD PRESERVING ALL STAINLESS STEEL 19 Item 5 A.

CITY OF CAPITOLA (OWNER)
420 Capitola Avenue, Capitola, CA 95010

CONTRACT
Capitola Wharf Improvements, DATE: June 13, 2024
City of Capitola Contract - 1

1. Identification of Contractor.

CONTRACTOR: Fuse Architects, Inc
LICENSE NO: 991296

2. Scope of The Work. See Scope of Work attached as Appendix A.

Compensation for Work. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $199,325, to be paid as (check one): (1) ☐ lump sum; (2) ☐ lump sum with progress payments; (3) ☒ per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $199,325. All payments (check one): ☐ shall ☒ shall not be subject to a five percent retention.

Contractor’s hourly rates are listed in Exhibit A, Scope of Work and Cost Proposal. In the event payments to Contractor equal the “not to exceed” amount, and absent a written modification to this Agreement signed by the Owner, Contractor shall complete all services required under this Agreement without further compensation or cost reimbursement.

3. Schedule of Performance for the Work. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within 90 calendar days of Commencement Date.

Final Completion Date: Within 30 calendar days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner $500 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner $500 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

4. Terms and Conditions.

4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

A. Appendix A – Scope of Work
B. Appendix B – General Conditions
C. Appendix C – Insurance
D. Appendix D – Construction Performance Bond
E. Appendix E – Construction Labor and Materials Payment Bond F. Appendix F – Apprenticeship Program and Skilled and Trained Workforce Requirements
G. Appendix G - Supplemental Conditions, if applicable

4.02 The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect.

Agreement number must appear on all invoices and correspondence.

Send invoices in duplicate immediately upon performance of Work ordered hereon to:

City of Capitola
420 Capitola Avenue
Capitola, CA 95010
CITY OF CAPITOLA:

By: _______________________________________
Jamie Goldstein, City Manager
ATTEST:

By: ___________________________________
Julia Gautho, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Samantha Zutler, City Attorney
CONTRACTOR: FUSE ARCHITECTS, INC
Name: ____________________________________
By: _______________________________________
Dan Townsend
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) By: _______________________________________
Dan Gomez
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) 1099 INFORMATION
Contractor Taxpayer I.D. No.: __________________
Incorporated: ☒ Yes ☐ No
20 Item 5 A.

City of Capitola Contract - 2
Appendix A to Contract

SCOPE OF WORK
Item Name Total

0.00 - Mobilization
Mobilization $30,150.00
Insurance $1,675.00

0.00 - Mobilization $31,825.00

1.00 - Entry Arch
Decorative / Structural Steel $48,800.00
Stone @ Pillar Corners $7,500.00
Base Deck Beam / Structural Tie-In $15,000.00
Gate, Mechanisms, Slide & Track $20,000.00
Metal Painting $7,000.00

1.00 - Entry Arch $98,300.00

2.00 - Donor Walls
Donor Panels & City Panels $11,000.00
City Panels $8,000.00

2.00 - Donor Walls $19,000.00

4.00 - Bathrooms

4.00 - Bathrooms Siding $30,000.00

5.00 - Supervision

1.01 - Construction P.M. $7,000.00

1.03 - Superintendent $13,200.00

5.00 - Supervision $20,200.00
Project Total $199,325.00
(End of Appendix A)
21 Item 5 A.

Appendix B to Contract

GENERAL CONDITIONS
City of Capitola Contract - 3
ARTICLE 1 TERMS OF PERFORMANCE

1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.

1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.

1.03 Performance of Work/No Assignment. Time is of the
essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner, and any assignment without Owner’s prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.

ARTICLE 2 LEGAL AND MISCELLANEOUS

2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty (30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as Owner’s responsibility.

2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its council members, officers, directors, representatives, agents, employees, and volunteers (Owner Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents.

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner shall not be liable to Contractor for any reason resulting from the Contract Documents or award of the contract to Contractor. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide 22 Item 5 A.

City of Capitola Contract 4
employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault.

Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 9204 and 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Capitola, California.

Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

2.08 Employee Wages; Records; Apprentices; Skilled
Workforce. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements. Contractor shall also comply with the Apprenticeship Program and Skilled and Trained Workforce Requirements attached hereto as Appendix F.

2.09 Mandatory Contractor and Subcontractor Registration.

Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

2.11 Construction Performance Bond; Construction Labor
and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

A. If Contract Sum under the Agreement exceeds (or is expected to exceed) 200,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond.

Contractor may not substitute cash in lieu of the required bond(s).

B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

2.12 Earthwork and Underground Facilities. If the Work
involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

2.13 Public Records Act. Contractor is aware that this Agreement and any documents provided to the Owner may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers tobe confidential under the California Public Records Act. To the extent that Owner agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

2.14 Claims.

A. Should any clarification, determination, action or inaction by Owner, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and Owner will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven Days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.

B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify 23 Item 5 A.

City of Capitola Contract 5
Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

1. A. Contractor shall submit the claim justification in the following format:
(a) Cover letter and certification;
(b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief;
(c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others;
(d) Chronology of events and correspondence:
(e) Analysis of claim merit;
(f) Analysis of claim cost; and
(g) Attach supporting documents referenced in paragraph

2.14,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.
(End of Appendix B)
24 Item 5 A.

Appendix C to Contract

INSURANCE
City of Capitola Contract - 6

1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $1,000,000 general aggregate and $2,000,000 each occurrence, subject to a deductible of not more than $10,000 payable by Contractor.

2. Business Automobile Liability Insurance with limits not less than $1,000,000 each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $10,000 payable by Contractor.

3. Workers’ Compensation Employers’ Liability limits not less than $1,000,000 each accident, $1,000,000 per disease and $2,000,000 aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Capitola, its council members, officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

4. Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $1,000,000 for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner Indemnities as Additional Insureds. The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

6. Insurance policies in this Appendix C shall contain an endorsement containing the following terms:

6.01 Owner Indemnities shall be named as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and Additional Insured. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Owner has received a waiver of subrogation endorsement from the insurer.

6.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

6.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to City of Capitola thirty (30) days in advance of the effective date thereof.

6.04 Contractor insurance shall be primary insurance as to Owner and no other insurance or self-insured retention carried or held by any named or Additional Insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

6.05 Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 6.03 above. Contractor shall furnish the Owner with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

7. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of A-VIII or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

8. The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Owner and Additional Insureds, to the extent required by this Agreement, before the Owner’s insurance or self-insurance may be called upon to protect Owner as a named insured.

9. All self-insured retentions (SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/named insured or Owner.

10. Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.

11. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (End of Appendix C)
25 Item 5 A.

Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND
City of Capitola Contract - 7
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of [_______________], a political subdivision of the State of California (Owner) has awarded to [Name of Contractor)____________________________, as Principal, a Purchase Order Agreement, dated the ___________ day of
___________, 20___ (Agreement), titled THE
___________________________ PROJECT in the amount of
$______________, which Agreement is by this reference made a part hereof, for the work described as follows:

2. (Describe Agreement Work)
.

3. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

4. NOW, THEREFORE, we, the undersigned Principal and
_________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

5. THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

6. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

7. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

7.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

7.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

8. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

9. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

10. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

11. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands
this _________ day of ________________, 20___.

CONTRACTOR AS PRINCIPLE
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
(End of Appendix D)
26 Item 5 A.

Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
City of Capitola Contract - 8
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of [____________], a political subdivision of the State of California (Owner) has awarded to (Name of Contractor) _________________, as Principal, a Construction Services Agreement, dated the ___________ day of ______________, 20 ____ (Agreement), titled THE ______________________
PROJECT located at __________________________ in the amount of $_____________________________, which Agreement is by this reference made a part hereof, for the work described as follows:
(Describe Agreement Work)
.

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

3. NOW, THEREFORE, we, the undersigned Principal and
______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.

City of Capitola Contract - 9
Appendix F to Contract

APPRENTICESHIP PROGRAM AND SKILLED AND TRAINED WORKFORCE REQUIREMENTS ARTICLE 1 COMPLIANCE REQUIRED

1.01 Contractor and Subcontractors shall comply with the requirements of Labor Code Sections 1776, 1777.5, and 1777.6 concerning the employment of apprentices by Contractor or Subcontractors. Willful failure to comply may result in penalties, including loss of the right to Bid on or receive public works contracts.

ARTICLE 2 CERTIFICATION OF APPROVAL

2.01 Labor Code Section 1777.5, as amended, requires a Contractor or Subcontractor employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of a public works project and which administers the apprenticeship program in that trade for a certification of approval. The certificate shall also fix the ratio of apprentices to journeypersons that will be used in performance of the Contract. The ratio of work performed by apprentices to journeypersons in such cases shall not be less than one hour of apprentices work for every five hours of labor performed by journeypersons (the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeypersons), except:

A. When unemployment for the previous three month period in the area exceeds an average of 15 percent; B. When the number of apprentices in training in the area exceeds a ratio of one to five; C. When a trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally; or
D. Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson.

ARTICLE 3 FUND CONTRIBUTIONS

3.01 Contractor is required to make contributions to funds established for administration of apprenticeship programs if Contractor employs registered apprentices or journeypersons in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

ARTICLE 4 APPRENTICESHIP STANDARDS

4.01 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 5 APPRENTICESHIP STANDARDS

5.01 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 6 SKILLED AND TRAINED WORKFORCE REQUIREMENTS

6.01 Contractor, if and to the extent otherwise required by law, shall meet the requirements of Public Contract Code § 2601(d) subject to certain exceptions set forth therein, that the required percentage of the skilled journeypersons or skilled journeyperson hours employed to perform work on the Project by the Contractor and all subcontractors are graduates of an apprenticeship program for the applicable apprenticeable occupation.

6.02 “Skilled Journeyperson” means a worker who either:
28 Item 5 A.

City of Capitola Contract 10
A. Graduated from an apprenticeship program for the applicable occupation that was approved by the Chief or apprenticeship program located outside California and approved for federal purposes, pursuant to the apprenticeship regulations adopted by the Federal Secretary of Labor.

B. Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program that is approved by the Chief.

6.03 A graduate of an apprenticeship program means either of the following:

A. An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council for completing an apprenticeship program approved by the Chief pursuant to Section 3075 pf the Labor Code; or B. An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.

6.04 Pursuant to Public Contract Code section 2602 and if and to the extent otherwise required by law, Contractor shall certify that it, and all its contractors and subcontractors at every tier will comply with the Skilled and Trained Workforce Requirements of Public Contract Code Chapter 2.9 (Sections 2600 through 2603). Prime Contractor also understands and acknowledges that it shall provide the Owner a monthly report, in the form in Attachment A below or a substantially similar form, demonstrating compliance with the Skilled and Trained Workforce Requirements listed in Public Contract Code Chapter 2.9 (Sections 2600 through 2603). If Contractor fails to provide the monthly report, or a report that is incomplete, Owner will withhold future payments until a complete report is provided. The definitions, obligations, rights and remedies set forth in Public Contract Code Section 2600-2603 are hereby incorporated by reference and made a part of this agreement.
29 Item 5 A.

City of Capitola Contract 11
Attachment A
Skilled and Trained Workforce Monthly Compliance Report DIRECTIONS: This form is required to be submitted by the Contractor for all contractors regardless of tier by the 15th of the following month for work performed corresponding to this reporting period. Items with a red asterisk (*) indicate a required field.

Project Title:
*Project Number:
*Prime Contractor:
*Subcontractor:
*Contact Name:
*Contact Number:

Month Year
Exceptions:*
*Work Month & Year:
*Report: Please fill out the following report of all apprenticeable occupations utilized in this reporting period.

SKILLED JOURNEYPERSON (SJ) REPORT
*Apprenticeable
Occupation
*Required
minimum SJ:

Apprentice
Graduate %
(see 2nd page
attachment)
Number of Skilled
Journeypersons (SJ)
employed by the contractor to
perform work on the project
SJ ratio
between the
number of
SJ:

Apprentice
Graduates to
SJ: On-TheJob
Experience
Workers
Number of hours worked by
SJ employed by the
contractor to perform work on
the project
SJ ratio of
hours worked
by SJ:

Apprentice
Graduates
compared
with SJ: OnThe-Job
Experience
Workers
*SJ:

Apprentice
Graduate
*SJ: OnThe-Job
Experience
*SJ:

Apprentice
Graduate
*SJ: OnThe- Job
Experience
**EXAMPLE**
Laborer
40% 7 3 70% 30 70 30%
Terms Definitions
Apprentice Defined in Labor Code 3077
Skilled Journeyperson: Apprentice Graduate Defined in Public Contracts Code 2601 (e) (1) Skilled Journeyperson: On-The-Job-Experience Defined in Public Contracts Code 2601 (e) (2) (End of Appendix F)
30 Item 5 A.

City of Capitola Contract 12

APPENDIX G TO CONTRACT

SUPPLEMENTAL CONDITIONS
(If Applicable)
(End of Appendix G)
31 Item 5 A.

Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: City Manager Department
Subject: Memoranda of Understanding with Employee Groups Recommended Action: 1) Authorize the City Manager to execute a successor agreement to the existing Memoranda of Understanding with negotiated changes for the Confidential Employee Group and the Association of Capitola Employees, subject to technical corrections; and 2) adopt a resolution approving the updated salary schedule, effective June 23, 2024.

Background: The City of Capitola’s employees are divided into five bargaining groups, with associated agreements. The City’s Employee Memoranda of Understandings (MOUs) expire at the end of June 2024. As required by state law, the City has participated in good faith negotiations with the bargaining groups on working conditions, salary, and benefit changes.

Discussion: The City of Capitola and all employee bargaining groups began negotiation meetings in March 2024. The City Council gave the City’s negotiator fiscal authority based on the City’s ten-year budget forecast, the results of a Salary Survey, and known concerns regarding healthcare plan costs.

Each bargaining group has negotiated for items they prioritize.

On May 30, 2024, the City’s Negotiator and the Confidential Employee Group reached a tentative agreement. A red-lined MOU and proposed salary schedule is included as an attachment to this report.

On June 6, 2024, the Association of Capitola Employees (ACE) signed a tentative agreement. A redlined ACE MOU and proposed salary schedule is included as an attachment to this report.

The City Negotiator will continue to meet and negotiate with other non-represented groups.

Fiscal Impact: In full year 2024-25, the estimated fiscal impact of the negotiated changes to the Confidential Employee MOU is $29,600. This total includes $12,000 in Cost of Living Adjustments; $7,200 in health care contributions; $8,000 in one-time wellness bonuses; and $2,400 in deferred compensation contributions.

In full year 2024-25, the estimated fiscal impact of the negotiated changes to the Association of Capitola Employee MOU is $103,000. This total includes $62,000 in Cost of Living Adjustments; $40,000 in health care contributions; and $1,000 in deferred compensation contributions.

Attachments:

1. Red-lined Confidential Employee MOU

2. Red-lined ACE MOU

3. Proposed resolution and Exhibit A: Salary schedule
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
32 Item 5 B.
1 MEMORANDUM OF UNDERSTANDING

BETWEEN
CONFIDENTIAL EMPLOYEES’ AND CITY OF CAPITOLA
TERM: 6/13/2024 to 6/30/2027
Table of Contents
SECTION I. WAGE SCHEDULES/HOURLY RATES/EMPLOYMENT STATUS ........................................3

1. Service.................................................................................................................................3

2. Types of Appointment:........................................................................................................3

3. Overtime .............................................................................................................................4

4. Effective Date of Pay Increase.............................................................................................4

5. Wellness Bonus...................................................................................................................4

6. Equity Adjustment...............................................................................................................4 SECTION II: LEAVE PROVISIONS .......................................................................................................5

1. Vacation ..............................................................................................................................5

2. Sick Leave ............................................................................................................................6

3. Personal Holidays................................................................................................................6

4. Bereavement Leave.............................................................................................................6

5. FMLA and CFRA ...................................................................................................................6

6. Holiday Schedule .................................................................................................................6

7. Jury Duty..............................................................................................................................7

8. Leave of Absence Without Pay............................................................................................7

9. Accruals after Date of Separation........................................................................................7 SECTION III: BENEFITS......................................................................................................................7

1. Flexible Spending Arrangement Contributions....................................................................8

2. Opt‐Out...............................................................................................................................8

3. Retirement Benefits CalPERS...............................................................................................8

4. Physical Examinations .........................................................................................................8

5. Insurance.............................................................................................................................9

6. Mileage Reimbursement.....................................................................................................9

7. Deferred Compensation ………………………………………………………………………………………………………….. 9 SECTION IV: INCENTIVE PROGRAMS................................................................................................9

1. Longevity Pay Incentive.......................................................................................................9

2. Education Reimbursement Program ...................................................................................9

3. Bilingual Pay ........................................................................................................................9 SECTION V: MISCELLANEOUS ..........................................................................................................9

1. Fair Labor Standards Act....................................................................................................10 33 Item 5 B.
2 2. Legal Defense....................................................................................................................10

3. Use of Employer Facilities.................................................................................................10

4. Bargaining Time.................................................................................................................10 34 Item 5 B.
3 CONFIDENTIAL EMPLOYEES’

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and entered into between the City of Capitola (hereinafter referred to as “City”) and the Confidential employees, who are: City Clerk, Assistant to the City Manager, Information Systems Specialist, Human Resources Analyst, Recreation Division Manager. Upon FY 2024-25 Budget Adoption, the Recreation Division Manager position will be eliminated and no longer included in the group of Confidential employees. This MOU covers the period from 06/13/2024 – 06/30/2027.

SECTION I. WAGE SCHEDULES/HOURLY RATES/EMPLOYMENT STATUS The wage schedule attached to this Memorandum of Understanding sets forth the base pay, subject to such adjustments (such as longevity pay) as are specifically set forth in this MOU.

Letters “A” to “E” have been used to designate the respective pay steps for each position. The rates contained in the wage schedule are base salary rates and do not include overtime or benefits.

Whenever it is necessary to compute an hourly pay rate to apply a provision of this MOU, that will be done by multiplying the monthly rate by 12 to derive an annual rate, and dividing the annual rate by 2080 (or proportionate number of hours for part time positions, e.g., 1040 for a half-time position).

Effective the first pay period after association ratification and Council approval of the successor MOU in accordance with the Brown Act, the salary range for each classification shall be readjusted by 3.0%,
Effective the first full pay period of July 20252, the salary range for each classification shall be readjusted by 3.0%.

Effective the first full pay period of July 20263, the salary range for each classification shall be readjusted by 3.0%.

1. Service
The word "service" as used in this MOU means continuous full-time service in the position in which the employee is being considered for salary advancement, service in a higher position, or service in a position allocated to the same salary schedule and having generally similar duties and requirements. A lapse of service of any employee for a period of time longer than thirty days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee, and any such employee re-entering the service of the City shall be considered as a new employee, unless another standard is established by the personnel rules, in which case that standard shall apply.

2. Types of Appointment:

For all types of appointments refer to the personnel rules except for Acting Appointments. 35 Item 5 B.
4 Acting appointment may be either full-time or part-time, as established by the City Manager. An acting appointment occurs when an employee is temporarily assigned to, and performs all duties of a position other than the position he/she normally occupies or when an employee is assigned an acting appointment pending evaluation of the employee’s ability to perform the duties of the position. While serving under an acting appointment, an employee will receive additional compensation as determined by the City Manager. Such pay will be no less than 5% above the employee’s regular compensation. It may be up to, but ordinarily will not be in excess of the first step of the position occupied.

3. Overtime
All Confidential employees other than Human Resources Analyst, are exempt under FLSA, and therefore not entitled to overtime compensation. The normal regular work week commences on Sunday and consist of forty (40) hours except that the regular work week of public works department personnel engaged in maintenance activities shall be as approved by the City Manager. Except for employees exempt under the FLSA, overtime will be compensated at the rate of one and one-half times the base rate of pay for all hours worked over 40 hours per week in a workweek. Such additional compensation shall, at the employee’s election, be either in cash or compensatory time off, in accordance with Labor Code section 204.3.

With regard to this section “hours worked” shall not include sick leave. Nor shall such a definition include vacation or compensated leave time off not scheduled in advance by at least ten working days. “Hours Worked” shall also not include workers compensation time off unless immediate treatment is required on the date of injury for the injury incurred, in which case overtime is allowed providing the overtime accrued is an extension of the workday and the hours worked for the week exceed 40 hours.

4. Effective Date of Pay Increase
A merit pay advancement for an employee shall become effective on the first day of the pay period in which the minimum length of service has been satisfactorily completed.

All other pay rate changes, except those given a specific calendar date herein, shall become effective at the beginning of a two week pay period as approved by the City Manager.

5. Signing Bonus
Contingent upon a tentative agreement by June 24, 2021, which is ratified by the membership. All employees at the time of ratification in the Confidential bargaining unit shall receive a one-time $1500 signing bonus, minus applicable taxes. The one-time signing bonus shall be paid the first full pay period after ratification by the Capitola City Council.

5. One-Time Wellness Bonus
All employees in the Confidential bargaining unit shall receive a one-time $2,000 wellness bonus, minus applicable withholdings. The one-time wellness bonus shall be paid during the first full pay period after ratification of this MOU by the Capitola City Council.

6. Market Study AdjustmentContingent Equity Adjustments If the City tax measure on the November 2024 ballot passes, the below classifications shall receive a one-time base wage increase, as indicated below. Increases shall be effective the first pay period after City Council certification of 2024 election results. 36 Item 5 B.
5 • Assistant to the City Manager 12.553%
• City Clerk 14.563%
• Information Systems Specialist 1.353%
• Human Resources Analyst 14.483%
SECTION II: LEAVE PROVISIONS

1. Vacation
a. Vacation Accrual
Vacation accrues on a prorated basis, based upon a 30-day month. The rates of accrual are as follows:

Years of Employment Vacation Days
1 and 2 12
3 and 4 14
5 through 9 17
10 through 19 22
20 and higher 27
b. Accumulation
An employee may not accumulate more than, but instead each year must cash out pursuant to Section d, below, all accumulated vacation in excess of 360 hours. c. Vacation Cash Out Upon Termination
Upon termination, an employee shall be paid for all accumulated vacation to the separation date, at a rate equal to 100% of his/her current hourly pay rate.

Alternatively, an employee may individually contractually establish, in writing, with the City Manager, mutually agreeable provisions regarding the timing and terms of the cash payout.
d. Vacation- Mandatory Cash Out Before Termination
An employee who has accumulated more than 360 hours as of the last pay period in April of any year shall be paid in cash at a rate equal to 100% of his/her current hourly pay rate for all hours in excess of 360 such payment shall not exceed the employee's annual vacation accrual amount. These cash out payments will be included with the paycheck for the first full pay period in May.of the last pay-date in May.
e. Optional Vacation Cash Out
In any calendar year an employee may cash out up to 80 hours of accumulated vacation.
37 Item 5 B.
6 2. Sick Leave
a. Sick Leave Accrual
Sick leave accrues on a pro-rated basis, based upon a 30-day month. Twelve days accrue each calendar year.
b. Sick Leave-Family Care
Sick leave may be used to care for members of the immediate family in accordance with the FMLA and CFRA, or as approved by the City Manager. c. Sick Leave Cash Out;
Sick Leave may not be cashed out.

3. Administrative Leave Accrual
All Confidential Employees other than Human Resources Analyst, are entitled to ten days per year of administrative time off. Administrative Leave is non-cumulative. It may not be converted to cash. One year’s worth of Administrative Leave becomes available on the first day of the calendar year. The exception is persons hired mid-year, in which case administrative leave is prorated for the applicable period.

3. Personal Holidays
All regular positions are entitled to three (3) personal holidays per calendar year. Unused Personal Holidays are not cumulative.

4. Bereavement Leave
All employees are permitted five (5) days of Unpaid Bereavement Leave upon the death of any family member listed in Section 12945.2 of Government Code. In case of death in the immediate family (as defined below) an employee shall be granted three (3) days of paid bereavement leave per occurrence within California. In cases involving out-of-state funerals or distances of more than 200 miles, an additional two (2) days of paid bereavement leave shall be granted. The Paid Bereavement leave runs concurrent with the five (5) Day Unpaid Bereavement Leave. However, the leave days need not be consecutive. Additional time off for this purpose must be Vacation, Sick Time, or unpaid leave. Bereavement leave must be approved by the Department Head.

For purposes of this section, “Immediate family” means mother, stepmother, father, stepfather, husband, wife, domestic partner as defined by the State of California, child, stepchild, sibling, stepsibling, foster parent, foster child, brother-in-law, sister-in-law, mother-in-law, father-in-law and grandparents,inlaws, and any individual to whom an employee is serving in Loco Parentis.

Leave of absence with pay because of death in the immediate family of an employee shall be granted for a period not to exceed three days. Entitlement to leave of absence under this section shall be in addition to any other entitlement for sick leave, or any other leave. For purposes of this section, "immediate family" means mother, step-mother, father, step-father, husband, wife, domestic partner as defined by the State of California, son, step-son, daughter, step-daughter, brother, sister, foster parent, foster child, brother-in-law, sister-in-law, mother-in-law, father-inlaw, grandparents and any individual to whom an employee is serving in Loco Parentis.

5. FMLA and CFRA
38 Item 5 B.
7 The City shall follow the provisions provided for family leave as specified in the federal Family & Medical Leave Act of 1993 (FMLA), and the California Family Rights Act (CFRA) as they apply to public employers.

6. Holiday Schedule
There shall be twelve thirteen (1312) holidays granted annually for the term of the MOU. The holidays to be observed during calendar year are set forth below.

New Year’s Day 1/01/
Martin Luther King Day *
Lincoln’s Birthday *
Washington’s Birthday *
Memorial Day *
Juneteenth 6/19/
Independence Day 7/4/
Labor Day *
Indigenous Peoples Day *
Veterans’ Day 11/11/
Thanksgiving Day *
Friday Following Thanksgiving *
Christmas Day 12/25/
* These holidays shall be taken at the same time as the federal holidays are taken. Holidays listed above occurring on a Saturday shall be observed on Friday. Holidays occurring on a Sunday shall be observed on Monday.

In addition, City Hall will be closed for one week during the Christmas holidays during which employees affected by the closure will be permitted to use vacation, personal holidays or sick leave in order not to lose compensation.

7. Jury Duty
Leave of absence with pay shall be granted to an employee while serving on jury duty. Time spent commuting from home to and from jury duty is not compensable; time spent traveling from court to place of work is compensable. Any jury fee awarded shall be deposited with the City Treasurer.

8. Leave of Absence Without Pay
A leave of absence without pay may be granted by the City Manager upon the request of the employee seeking such leave, but such leave shall not be for longer than one year.

9. Accruals after Date of Separation
An employee’s separation date is the last date actually worked, except that an employee who, as of the last day worked, has not used all of his/her yearly allotment of vacation may extend the separation date by the number of days necessary to reach the full yearly allotment. “Yearly allotment” means the amount of vacation that the employee was entitled to accrue in his/her last year of employment. Unless otherwise provided by state law, none of the following accrue after the date of separation: sick leave, vacation, personal holidays, holiday pay, administrative leave, Flex Plan contributions, or payment of the insurance premiums described in Section III.5 below.

SECTION III: BENEFITS
39 Item 5 B.

DocuSign Envelope ID: F5F89D7B-B19A-42F2-AFC3-5A54D242BBA4 8 (Regarding benefits available to part-time employees’, see Section 2, above.)

1. Flexible Spending Arrangement Contributions
The City makes a flexible spending arrangement (“Flex Plan”) contribution on behalf of each qualified employee for medical, dental & vision coverage. For those employees who have selected health coverage through PERS, from the monthly contribution set forth herein, effective January 1, 20241, a $143157.00 per month contribution will be paid to PERS for what is sometimes referred to as “employer contribution”. This amount is the minimum amount required by PERS, recognizing that state law may increase this minimum from time to time requiring compliance by City. The City’s maximum contribution below is inclusive of the required PEMCHA minimum.

The City reserves the option of adding additional health care plans programs to the cafeteria plan, as they may become available. The City will enable interested employees to participate in union sponsored medical plans.

Effective Date Employee Only Employee +1 Employee +2
June 27, 2021 $824.00 $1,339 $1,751
Effective Dates Employee Only Employee +1 Employee +2
First full pay period
after ratification
$1,000 $1,850 $2,250
First full pay period in
July 2025
$1,050* $1,925* $2,350*
First Full pay period in
July 2026
$1,100* $2,000* $2,450*
*contingent on the City tax measure passing in November, 2024

2. Opt-Out
Employees who can verify to the City’s satisfaction that: they have equivalent group health coverage for medical (including dental & vision), which will remain in effect until the next enrollment date will be eligible for a cash payment of $250.00 per month. The City reserves the option of adding additional programs to the cafeteria plan, as they may become available. The City will enable interested employees to participate in union sponsored medical plans.

3. Retirement Benefits CalPERS
The City participates in the California Public Employees’ Retirement System (CalPERS) operated by the State of California. Benefits provided are detailed in separate publications, depending upon the plan. The City provides 2.5% at 55 Retirement Plan for non-sworn employees, with the singlehighest year option. Contributions will be reported in accordance with the current CalPERS contract, i.e. the employee portion (8%) plus any amount above the cap is reported to PERS as paid by the employee.

All classic employees in this bargaining unit shall contribute 13.392% of their reportable salary to CalPERS. This contribution shall not be reduced unless negotiated by the parties in future negotiations.

California Public Employees’ Pension Reform Act (PEPRA) For new miscellaneous employees hired by the City of Capitola on or after January 1, 2013 and who do not qualify as classic 40 Item 5 B.

DocuSign Envelope ID: F5F89D7B-B19A-42F2-AFC3-5A54D242BBA4 9 members as defined by CalPERS, CalPERS has by statute implement a 2.0% @ 62 pension formula, based on a three-year average compensation. Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

4. Physical Examinations
The City, for any employee receiving flex credit contributions, will provide a biannual physical examination for employee. The City will pay the amount not covered by the health care program.

5. Insurance.

The City will continue to provide term life insurance in the amount of $50,000 and long-term disability insurance.

6. Mileage Reimbursement
Employees required to use their personal vehicles while on City business will be reimbursed at the rate set by the Internal Revenue Service.

7. Deferred Compensation
All employees covered by this Agreement shall be eligible to participate in a deferred compensation program, upon request. The City will match employee contributions up to $25 per pay period.

SECTION IV: INCENTIVE PROGRAMS

1. Longevity Pay Incentive
Upon completing continuous years of service with the City, an employee's base pay shall be increased as follows:
a. 15 years' continuous service - 5%
b. 20 years' continuous service - an additional 5%, which shall be compounded with the 15 year recognition.

If the City tax measure on the November 2024 ballot passes, the following longevity schedule will replace the longevity schedule noted above:
a. 10 years’ continuous service – 5%
b. 15 years’ continuous service – additional 3%, which shall be compounded with the 10 year recognition.
b.c. 20 years’ continuous service – additional 2%, which shall be compounded with the 15 year recognition.

2. Education Reimbursement Program
The City will reimburse employees for tuition upon the completion of courses approved in advance by the City Manager up to a maximum of $500 per calendar year for classes completed in that same calendar year. Textbook reimbursement for courses approved in advance by the City Manager shall be at 100%.

3. Bilingual Pay 41
Item 5 B.

DocuSign Envelope ID: F5F89D7B-B19A-42F2-AFC3-5A54D242BBA4 10 Employees proficient in the Spanish language shall receive premium pay equal to five (5%) percent of base salary in addition to their regular wage, if:
a. Employee passes the City's bilingual competency test as administered by the Personnel Department on an annual basis to maintain the bonus pay. The City Manager may waive the annual testing requirement for individuals upon recommendation of the department head. Annual basis refers to the fiscal year; and
b. The employee is required to serve as a translator on a regular and ongoing basis, as certified by the Department Head.

SECTION V: MISCELLANEOUS
Nothing in this plan will preclude the incumbents of any position from negotiating individual contractual provisions, provided that: such individual negotiations arise out of situations in which the employee has, or is negotiating towards, voluntarily terminating his/her employment or temporarily working in a higher paid position; and any resulting provision does not purport to affect the rights of any other member of the unit.

1. Fair Labor Standards Act
All positions other than Human Resources Analyst included in this Compensation Plan are covered by appropriate sections of the Fair Labor Standards Act of 1935, and are specifically subject to Rule No. 54.118 (salaried executive employees are not paid at a higher rate for what might otherwise be labeled "overtime", correspondingly, their salary is not reduced "for any week in which (s)he performs any work without regard to the number of days or hours worked." Accordingly, bi-weekly time sheets will not result in adjustments to the compensation for the period, but merely for yearly evaluation of whether the position is, after factoring in administrative leave, over or under staffed. However, time off for sick leave purposes shall be reported and reflected in the accumulated sick leave calculations.

2. Legal Defense
Except as provided in Government Code Section 995.2, City shall provide a defense including but not limited to legal counsel in: a) any civil action or proceeding described in Government Code Section 995; b) any administrative action or proceeding described in Section 995.6; or any criminal action or proceeding described in Government Code Section 995.8. "Proceeding" as used in this section is applicable to situations where a claim or action is threatened, but not filed, if a reasonable, prudent person would consult or retain counsel in response to the possibility of actual civil, administrative, or criminal action. If City pays for a defense, but a court or tribunal issues a final ruling that would, under Section 995.2, preclude City payments for defense, employee shall immediately reimburse City, and if he/she fails to do so, City may offset any such amounts against compensation otherwise due employee under this contract.

3. Use of Employer Facilities
Employer facilities, such as the City Hall Community Room, may be made available, upon timely application, for use by employees and the recognized entity representing the employees. Such use shall not occur during regular duty hours, other than the lunch period. Application for such use shall be made to the management person under whose control the facility is placed.

4. Resident Rates for City Programs
42 Item 5 B.

DocuSign Envelope ID: F5F89D7B-B19A-42F2-AFC3-5A54D242BBA4 11 City employees shall be eligible to enroll in all City programs at the resident rate.

4.5.Bargaining Time
A reasonable number of Employee members of the entity representing the bargaining unit shall be allowed time to absent themselves from duties for a reasonable period without loss of pay, for the purpose of participating in contract negotiations. They shall be extended the same privilege to participate in any meetings mutually called by the parties during the term of this agreement for review of grievances and contract compliance questions.

5.6.Severability
If any of the provision herein contained be rendered or declared invalid by reason of any State or Federal legislation, or by ruling of any court of competent jurisdiction, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable.

SIGNATURES:

CITY OF CAPITOLA: CONFIDENTIAL EMPLOYEES:
___________________ ____________________________
Jamie Goldstein Julia Gautho
______________________________
Renee DeMar
______________________________
Heather Haggerty
43 Item 5 B.

MEMORANDUM OF UNDERSTANDING

BETWEEN

ASSOCIATION OF CAPITOLA EMPLOYEES

AND CITY OF CAPITOLA
TERM: 6/27/2021 to 6/30/20246/13/2024 – 6/30/2027

TABLE OF CONTENTS

Table of Contents
I. UNION RECOGNITION......................................................................................................................................1 II. WAGES ................................................................................................................................................................3 A. Wage Schedule and Wage Increases:.................................................................................................................3 B. Police Department Administrative Assistant: .................................................. Error! Bookmark not defined.

C. Conversion To Hourly Rate:..............................................................................................................................4 D. Service: ..............................................................................................................................................................4 E. Types of Appointment .......................................................................................................................................4 F. Public Works Employees, Shift Changes Shift Differential ..............................................................................5 G. Emergency Call Back Compensation ................................................................................................................5 H. Parking Enforcement Officers: ..........................................................................................................................6 I. License and Certificate Reimbursement: ...........................................................................................................6 J. Signing Bonus:...................................................................................................................................................6 III. OVERTIME......................................................................................................................................................6 IV. MERIT PAY AND EFFECTIVE DATE OF INCREASES .............................................................................7 V. VACATION..........................................................................................................................................................7 A. Accrual...............................................................................................................................................................7 B. Accumulation.....................................................................................................................................................7 C. Scheduling .........................................................................................................................................................7 D. Vacation Cash Out Upon Termination...............................................................................................................8 E. Mandatory Cash Out Before Termination..........................................................................................................8 F. Optional Vacation Cash Out ..............................................................................................................................8 VI. SICK LEAVE ...................................................................................................................................................8 A. Sick Leave Accrual............................................................................................................................................8 B. Sick Leave-Family Care ....................................................................................................................................8 C. Sick Leave While on Vacation ..........................................................................................................................8 D. Sick Leave Cash Out..........................................................................................................................................9 VII. HOLIDAYS ..............................................................................................................................................9 A. Schedule.............................................................................................................................................................9 B. Personal Holidays..............................................................................................................................................9 C. Holiday Hours Bank ........................................................................................................................................10 D. Public Works Holidays....................................................................................................................................10 VIII. BEREAVEMENT LEAVE.............................................................................................................................10 IX. JURY DUTY ..................................................................................................................................................10 44 Item 5 B.

X. LEAVE OF ABSENCE WITHOUT PAY ..........................................................................................................11 XI. ACCRUALS AFTER DATE OF SEPARATION ..........................................................................................11 XII. BENEFITS FOR PART-TIME EMPLOYEES ..............................................................................................11 XIII. FLEXIBLE SPENDING ARRANGEMENT CONTRIBUTIONS ................................................................11 XIV. RETIREMENT BENEFITS............................................................................................................................12 A. CalPERS ..........................................................................................................................................................12 B. LIUNA National Industry Pension ..................................................................................................................12 XV. PHYSICAL EXAMINATIONS .....................................................................................................................13 XVI. LIFE INSURANCE ........................................................................................................................................13 XVII. MILEAGE REIMBURSEMENT...............................................................................................................13 XVIII. UNIFORMS ...............................................................................................................................................13 XIX. SHOES, APPAREL AND EQUIPMENT REIMBURSEMENTS .................................................................13 XX. INCENTIVE PROGRAMS ............................................................................................................................14 A. Longevity Pay Incentive ..................................................................................................................................14 B. Education Reimbursement Program ................................................................................................................14 C. Bilingual Pay ...................................................................................................................................................14 XXI. PERSONNEL EVALUATIONS ....................................................................................................................15 XXII. LUNCH AND REST PERIODS ................................................................................................................15 XXIII. EMERGENCY MEALS.............................................................................................................................15 XXIV. LIGHT DUTY ASSIGNMENT .................................................................................................................16 XXV. PROBATIONARY PERIOD .....................................................................................................................16 XXVI. GRIEVANCE PROCEDURE ....................................................................................................................16 A. Definition of a Grievance: ...............................................................................................................................16 B. Right to Representation: ..................................................................................................................................17 C. Limitations on Money Damages:.....................................................................................................................17 D. Procedure:........................................................................................................................................................17 XXVII. LAYOFFS ...................................................................................................................................................18 XXVIII. SAFETY .................................................................................................................................................18 XXIX. MISCELLANEOUS...................................................................................................................................19 45 Item 5 B.
1 ASSOCIATION OF CAPITOLA EMPLOYEES

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and entered into between the City of Capitola (hereinafter referred to as “City”) and Laborers International of North American (LIUNA) Local 792 (herein referred to as “the union”) for the Association of Capitola Employees (ACE) for and on behalf of its members identified. This agreement shall cover the period from June 27, 2021 through June 30, 2024,July 1June 13, 2024 through June 30, 2027 and shall be effective upon after ratification by the bargaining unit and subsequent approval by the Capitola City Council.

I. UNION RECOGNITION

1. Pursuant to the Meyers-Milias-Brown Act and the City’s Employer-Employee Relations Resolution, the Union, affiliated with Laborer’s International Union of North America, Local792, is hereby recognized as the Recognized Employee Organization of the General Government Employees and Association of Capitola Employees bargaining unit as defined in California Government Code Section 3501(b). Classifications in the bargaining unit are listed in Section I.12 below.

Pursuant to language in the Employee-Employer Relations Ordinance, this list can be amended from time to time.

2. The parties hereto recognize that membership in the Union is not compulsory, that employees have the right to join, not join, maintain, or drop their membership in the Union.

3. The City shall make available payroll deductions for unit members for regular Union dues pursuant to an appropriate authorization form signed by the employee or the provisions of this Section. Those funds shall be remitted to the Union on a monthly basis. An employee’s earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fee. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full dues, no deduction shall be made.

In addition, all other legal and required deductions have priority over Union dues.

4. Pursuant to California Government Code Section 3502 individual employees shall have the right to represent themselves and to present grievances and discipline appeals to the City and to have such grievances and appeals adjusted without representation by the Union up to but not including arbitration, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding and further provided that the Union shall be given an opportunity to be present at such adjustment.

5. The Union shall indemnify, defend and hold the City, its employees, officials, representatives and agents harmless against any claims made, and against any suit instituted against the City on account of payroll deductions made pursuant to this 46 Item 5 B.
2 Section for dues. In addition, the Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence.

6. Any dispute between the Union and any employee on the interpretation or application of this Section shall, at the request of the Union or the affected employee, be decided by final and binding arbitration under the rules of the American Arbitration Association. The Union and the employee shall each bear one half the cost of the arbitration, including the fee of the American Arbitration Association, the arbitrator and any court reporter fees and costs. The City will not protest or interfere with any final and binding decision under this Section.

7. Union Notification. The City shall give reasonable written notice to Union when it is affected by any ordinance, rule, resolution, or regulation proposed to be adopted and directly relating to matters within the scope of representation.

8. Bulletin Boards. The Union shall be provided a bulletin board in the employee break room. The Union agrees that notices posted on the bulletin boards shall not contain anything that may be construed as maligning or derogatory to the City or its representatives. The Union shall be responsible for maintaining the bulletin board in a business-like manner. The Union shall be responsible for placement of and removal of outdated material. However, the City shall retain the right to remove maligning, derogatory, or inappropriate or outdated material.

9. Time Off for Union Officials. During the term of this agreement, two employees from the unit shall be allowed a reasonable amount of paid release time off for “meet and confer” or “meet and consult” sessions scheduled with the City’s designated representatives, providing there is no disruption of work. The Union shall notify the City Manager in advance of the meeting of the specific members who will be in attendance. Union members shall obtain permission through supervisory channels before leaving their work or work locations.

10. Time Off Without Loss of Pay. The Union may request, and the City may grant, time off without loss of pay to Union representatives to assist the City in the formulation of policies and procedures mutually beneficial to the City and the Union. However, such time off shall be at the discretion of the City Manager.

11. Union Stewards. The unit shall be authorized to designate two employees within the unit as stewards and must furnish a list of these stewards to the City Manager within five working days after appointment or election. One steward at a time shall be allowed a reasonable amount of paid release time for the purpose to representing a unit employee within the steward’s area of representation in the filing or processing of grievances or disciplinary appeals, as long as there is no interruption of work in the employee’s division. Stewards must first obtain permission.

12. Represented Employees. This unit represents the following classifications:

Accounts Receivable/Payable Clerk, Account Technician, Accountant I, Accountant II, Administrative Assistant, Administrative Assistant II, Administrative Clerk I, Administrative Clerk II, Administrative Records Analyst, Police Records Technician, Building Inspector I, Building Inspector II, Development Services Technician, Data Entry Clerk, Deputy City Clerk, 47 Item 5 B.
3 Equipment Operator, Maintenance Worker I, II III, Mechanic, Museum Curator, Parking Enforcement Officer, Assistant Planner, Receptionist, Records Clerk, Records Coordinator, Records Management Clerk, Recreation Assistant, Recreation Coordinator, Recreation Facility Custodian, Recreation Receptionist.

13. When a new position is created by the City that is not managerial, supervisory or confidential, the City will provide the Union with a position description and will advise the Union as to whether or not, in its judgment, the position is appropriate for inclusion in the bargaining unit. If the Union disagrees with the City’s decision, it will notify the City, and the City and the Union will meet to resolve the disagreement.

II. WAGES
A. Wage Schedule and Wage Increases:

The wage schedule attached to this Memorandum of Understanding sets forth the base pay, subject to such adjustments (such as longevity pay) as are specifically set forth in this MOU. Letters “A” to “E” have been used to designate the respective pay steps for each position. The rates contained in the wage schedule are base salary rates and do not include overtime or benefits.
a. Effective the first pay period after union ratification of the MOU and Council approval of the successor MOU in accordance with the Brown Act, the salary range for each classification in this Unit shall be readjusted by 2.75%.3%
b. Effective the first full pay period of July 20252, the salary range for each classification in this Unit shall be readjusted by 3%. c. Effective the first full pay period of July 20263, the salary range for each classification in this Unit shall be readjusted by 3%. d. Equity Market Study Salary Adjustments
If the City tax measure on the November 2024 ballot passes, the below classifications shall receive a one-time base wage increase, as indicated below. Increases shall be effective the first pay period after City Council certification of 2024 election results.
• Deputy City Clerk – 16.95%
• Mechanic – 7.11%
• Development Services Technicians – 4.8%
• Records Technicians – 4.77%
• Museum Curator – 4.77%
o Maintenance Workers I, II, & III, – 2%

1.25% - Accounts Clerk, Account Technician, Accountant 1, Administrative Assistant I/II, Assistant Planner, Police Records Technician.
48 Item 5 B.
4 2.5% - Maintenance Worker I, II, III, Receptionist

3.5% - Building Inspector I and II, Deputy City Clerk,
Development Services Technician, Parking Enforcement Officer, Recreation Assistant, Recreation Coordinator, Recreation Facility Custodian, Recreation Receptionist
B. Conversion To Hourly Rate:

Whenever it is necessary to compute an hourly pay rate in order to apply any provision of this MOU, that will be done by multiplying any monthly rate by 12 in order to derive an annual rate, and dividing the annual rate by 2080 (or proportionate number of hours for part time positions, e.g., 1040 for a half-time position).

C. Service:

The word "service" as used in this MOU means continuous full-time service in the position in which the employee is being considered for salary advancement, service in a higher position, or service in a position allocated to the same salary schedule and having generally similar duties and requirements. A lapse of service of any employee for a period of time longer than thirty days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee, and any such employee re-entering the service of the City shall be considered as a new employee, unless another standard is established by the personnel rules, in which case that standard shall apply.

D. Types of Appointment
For all types of appointments, refer to the personnel rules, except for Acting Appointments.

1. Acting Appointments
Acting appointment may be either full-time or part-time, as established by the City Manager. An acting appointment occurs when an employee is temporarily appointed to a higher-class position. While serving under an acting appointment, an employee will receive additional compensation as determined by the City Manager. Such pay will be no less than 5% above the employee’s regular compensation. It may be up to, but ordinarily will not be in excess of the first step of the position occupied. Such pay shall begin on the first work day of the appointment.

2. Work Out of Class
Work out of class occurs when an employee is designated to work in a higher classification and actually performs or is responsible for performing the majority of duties of the higher classification. If an employee works out of class for four or more consecutive hours, the employee will receive work out of class pay for all hours worked out of class. The employee shall receive either 5.0% above the employee’s usual rate of pay, or pay at the next highest pay step in the out of class job classification, whichever is greater.

3. Acting Supervisors Pay
49 Item 5 B.
5 If an employee is designated by the Department Head or the Department Head’s designee to perform Supervisory duties outside of their job descriptions, then that employee shall receive a 10% increase to his or her salary for all such hours worked.

4. Equipment Operators Pay
If an employee is designated by the Department Head or the Department Head’s designee to perform the duties of an Equipment Operator on the following equipment;
• Five-yard and above size truck and trailer (license required). • Sweeper
• Bull Dozer
• Large Front Loader
then that employee shall receive a 5% increase to salary for all such hours worked.

E. Public Works Employees, Shift Changes Shift Differential

1. Shift Changes: In order to provide necessary services, the hours of Public Works employees may be adjusted from time to time. However, when a change in a schedule occurs within the given two-week pay period, all nonovertime hours worked outside of the pre-adjustment work schedule shall be additionally compensated at a rate equal to 5% of base wage rate.

2. Shift Differential: Employees who are required to report to work two or more hours before the employee’s regular time to begin work, shall receive a 5% increase to salary for all such hours worked prior to regular work hours.

Employees who are required to report to work two four or more hours before the employee’s regular time to begin work, shall receive a 7% increase to salary for all such hours worked prior to regular work hours.

F. Emergency Call Back Compensation

1. “Call back” refers to a situation where an employee has completed his/her regular work day without knowing that he/she would be called back (by his/her superior or as a result of emergency circumstances) to work during hours of the day not occurring during the employee’s regular workday. An employee who is required to come to work not more than one hour early, but is not thereafter released from work before the start of the regular workday is not on “call back”.

2. Employees called back to work shall be treated as having worked at least three hours, even if actual time is less.
50 Item 5 B.
6 3. Public Works: The rate of pay for Public Works department employees covered by this agreement call back hours is as follows i. Two and a half times the employee’s hourly base rate for hours served between the hours of 10pm and 6 am; or
ii. Two times hourly base rate for hours served during other times of the day.

4. For all employees not covered by subsection, call back hours will be paid the same as overtime.

5. Time spent traveling to and from the place of call back work is not counted in applying the provisions of this section, or XXIX. E.

6. Units of time that are both call back and overtime will receive the most favorable of the two treatments, but no single unit of time will be treated as both call back and overtime.

G. Parking Enforcement Officers:

Parking enforcement officers shall receive a minimum of 4 hours pay for court appearances that are not scheduled as part of their regular workday.

H. License and Certificate Reimbursement:

The City will reimburse employees for the cost of specialized licenses and certificates required to perform their job.

I. Signing Bonus:
. All employees at the time of ratification in the ACE bargaining unit shall receive a onetime $1500 signing bonus, minus applicable taxes. The one-time signing bonus shall be paid the first full pay period after ratification by the Capitola City Council.

I. Deferred Compensation: All employees covered by this Agreement shall be eligible to participate in a deferred compensation program, upon request. The City will contribute twenty-five ($25.00) dollars per pay period.

III. OVERTIME
All employees within the Union are hourly employees and can accrue overtime subject to the laws, rules, regulations and any other MOU provisions of the City, state and federal government. The normal regular work week commences on Sunday and consists of forty (40) hours except that the regular work week of public works department personnel engaged in maintenance activities shall be as approved by the City Manager. Except for employees exempt under the FLSA, overtime will be compensated at the rate of one and one-half times the base rate of pay for all hours worked over 40 hours per week in a workweek. Such additional compensation shall, at the employee’s election, be either in cash or compensatory time off, in accordance with Labor Code section 204.3. The Department Head must approve overtime.
“Hours worked” shall not include sick leave, vacation, or compensated leave time off not scheduled in advance by at least ten working days. “Hours Worked” shall also not include workers compensation time off unless immediate treatment is required on the date of injury 51 Item 5 B.
7 for the injury incurred, in which case overtime is allowed providing the overtime accrued is an extension of the workday and the hours worked for the week exceed 40 hours.

IV. MERIT PAY AND EFFECTIVE DATE OF INCREASES
A merit pay advancement for an employee shall become effective on the first day of the pay period in which the minimum length of service has been satisfactorily completed.

Any other mid-pay period payroll adjustments will occur at the beginning of the pay period in which the adjustments falls for all odd numbered calendar years; and, at the beginning of the following pay period for the even number calendar years.

When an employee has not been approved for advancement to the next higher wage step, the employee shall be reconsidered for such advancement after the completion of either three months of additional service, or after a period of three to six months of additional service if the supervisor concludes that three months will be insufficient time to evaluate whether the performance deficiencies that led to the denial of the step increase have been adequately addressed. At the time a step increase is denied, the supervisor shall identify in writing the timing of reconsideration of the step increase. An employee whose step increase is denied shall also be advised in writing (typically in a performance evaluation) of the reason(s) why the step increase was denied. Grants and denials of step increases shall be on a merit basis only.

Regardless of whether subsequent reconsideration of a denial of a step increase does or does not result in a step increase, the employee’s annual review date shall be as originally designated.

V. VACATION
A. Accrual
Vacation accrues on a prorated basis, based upon a 30-day month. The rates of accrual are as follows:

Years of Employment Vacation Days
1 and 2 12
3 and 4 14
5 through 9 17
10 through 19 22
20 and higher 27
B. Accumulation
A. An employee may not accumulate more than, but instead each year must cash out pursuant to Section V.E. below, all accumulated vacation in excess of 360 hours; except that

2. An employee who had accumulated more than 360 hours as of January 1, 2011 may maintain that level: provided, however, that if accumulated vacation falls below 360 hours, the provisions of Section V.B.1, above, shall thereafter apply.

C. Scheduling
52 Item 5 B.
8 Vacations shall be scheduled upon the request of the employee and the approval of the Department. The Department shall consider both the desire of the employee and the needs of the Department in deciding whether to approve or deny a vacation request.

Vacation sign-ups shall be on a first come first serve basis. If more employees request vacation for a given time than can be accommodated by the Department, the more senior employee shall be given the time off. Nothing herein shall require the cancellation of an already approved vacation for a less senior employee upon the request of a more senior employee. “Seniority” as used in this section shall mean length of continuous employment in a paid status in a regular position.

D. Vacation Cash Out Upon Termination
Upon termination, an employee shall be paid for all accumulated vacation to the separation date, at a rate equal to 100% of his/her current hourly pay rate.

Alternatively, an employee may individually contractually establish, in writing, with the City Manager, mutually agreeable provisions regarding the timing and terms of the cash payout.

E. Mandatory Cash Out Before Termination
An employee who has accumulated more than 360 hours or who is subject to a higher accumulation level under Section V(B)(2),as of the last pay period in April of any year shall be paid in cash at a rate equal to 100% of his/her current hourly pay rate for all hours in excess of 360 or that applicable higher accumulation level except that such payment shall not exceed the employee's annual vacation accrual amount. These cash outcash-out payments will be included with the paycheck foron the last pay-date in May. the first full pay period in May.

F. Optional Vacation Cash Out
In any calendar year, an employee may cash out up to 40 hours of accumulated vacation.

VI. SICK LEAVE
A. Sick Leave Accrual
Sick leave accrues on a pro-rated basis, based upon a 30-day month. Twelve days accrue each calendar year. Parking Enforcement Officers working a 4/10 shift shall accrue 120 hours per calendar year.

B. Sick Leave-Family Care
Sick leave may be used to care for members of the immediate family in accordance with the FMLA and CFRA, or as approved by the City Manager.

C. Sick Leave While on Vacation
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed physician or medical doctor that the illness would have resulted in the employee not being able to come to work, shall have the period of illness charged against sick leave and not vacation leave. 53 Item 5 B.
9 D. Sick Leave Cash Out
Sick Leave may not be cashed out.

VII. HOLIDAYS
A. Schedule
There shall be twelve thirteen (1213) holidays granted annually for the term of the MOU. The holidays to be observed during calendar year are set forth below.

New Year’s Day 1/01/
Martin Luther King Day *
Lincoln’s Birthday *
Washington’s Birthday *
Memorial Day *
Juneteenth 6/19/*
Independence Day 7/4/
Labor Day *
Indigenous Peoples Day *
Veterans’ Day 11/11/
Thanksgiving Day *
Friday Following Thanksgiving *
Christmas Day 12/25/
* These holidays shall be taken at the same time as the federal holidays are taken.

Holidays listed above occurring on a Saturday shall be observed on Friday.

Holidays occurring on a Sunday shall be observed on Monday.

Holiday time will be for the regularly scheduled shift time. For example, if the regularly scheduled shift is 8.5 hours, employee will receive 8.5 hours of holiday time. If the regularly scheduled shift is 6 hours, employee will receive 6 hours of holiday time.

In addition, offices located at the Community Center or at City Hall will be closed for one week during the Christmas holidays during which employees affected by the closure will be permitted to use vacation, personal holidays or sick leave in order not to lose compensation. All other City offices and programs shall remain open during this period.

B. Personal Holidays
All regular positions are entitled to three (3) personal holidays per calendar year.

Unused Personal Holidays are not shall be used by the employee no later than December 31st of each year and are non-cumulative.

Personal Holidays will be for the regularly scheduled shift time. For example, if the regularly scheduled shift is 8.5 hours, employee will receive 8.5 hours of holiday time. If the regularly scheduled shift is 6 hours, employee will receive 6 hours of holiday time.
54 Item 5 B.
10 C. Holiday Hours Bank
The Museum Curator, Police Records Technicians Clerks, Parking Enforcement Officers, and the Administrative Records Analyst and the Police Department Administrative Assistant shall receive a bank of holiday hours, based upon the positions’ regular work day eight (8) hours for each holiday, to be taken in the same manner as Police Officers.

D. Public Works Holidays
Public Works employees may be required to work holidays. Employees who work on any holidays will use holiday time on the holiday and it will count as hours worked. Actual hours worked will be in addition and will be considered overtime if hours meet the weekly overtime threshold. The City reserves the right to change Public Works Employees’ hours in order to cover Holidays in accordance with Section II F. 1 of this MOU.

VIII. BEREAVEMENT LEAVE
Leave of absence with pay because of death in the immediate family of an employee shall be granted for a period not to exceed three days. Entitlement to leave of absence under this section shall be in addition to any other entitlement for sick leave, or any other leave. For purposes of this section, "immediate family" means mother, step-mother, father, stepfather, husband, wife, domestic partner as defined by the State of California, son, step-son, daughter, step-daughter, brother, sister, foster parent, foster child, brother-in-law, sister-inlaw, mother-in-law, father-in-law and grandparents, and any individual to whom an employee is serving in Loco Parentis.

All Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. In case of death in the immediate family (as defined below) an employee shall be granted three (3) days of paid bereavement leave per occurrence within California. In cases involving out-of-state funerals or distances of more than 200 miles, an additional two (2) days of paid bereavement leave shall be granted.

The Paid Bereavement leave runs concurrent with the 5 Day Unpaid Bereavement Leave.

However, the leave days need not be consecutive. Additional time off for this purpose must be vacation, C.T.O., or unpaid leave. Bereavement leave must be approved by the Department Head.

For purposes of this section, "immediate family" means mother, step-mother, father, stepfather, husband, wife, domestic partner as defined by the State of California, son, step-son, daughter, step-daughter, brother, sister, foster parent, foster child, brother-in-law, sister-in-law, motherin-law, father-in-law and grandparents, and any individual to whom an employee is serving in Loco Parentis.

IX. JURY DUTY
Leave of absence with pay shall be granted to an employee while serving on jury duty.

Time spent commuting from home to and from jury duty is not compensable; time spent traveling from court to place of work is compensable. Any jury fee awarded shall be deposited with the City Treasurer.
55 Item 5 B.
11 X. LEAVE OF ABSENCE WITHOUT PAY
A leave of absence without pay may be granted by the City Manager upon the request of the employee seeking such leave, but such leave shall not be for longer than one year.

XI. ACCRUALS AFTER DATE OF SEPARATION
An employee’s separation date is the last date actually worked, except that an employee who, as of the last day worked, has not used all of his/her yearly allotment of vacation may extend the separation date by the number of days necessary to reach the full yearly allotment. “Yearly allotment” means the amount of vacation that the employee was entitled to accrue in his/her last year of employment. Unless otherwise provided by state law, none of the following accrue after the date of separation: sick leave, vacation, personal holidays, holiday pay, administrative leave, Flex Plan contributions, or payment of the insurance premiums described in Section XIII.A. below.

XII. BENEFITS FOR PART-TIME EMPLOYEES
Sick leave benefits are described in Section VI above.

XIII. FLEXIBLE SPENDING ARRANGEMENT CONTRIBUTIONS
A. The City makes a flexible spending arrangement (“Flex Plan”) contribution on behalf of each qualified employee for medical, dental & vision coverage. For those employees who have selected health coverage through CalPERS, from the monthly contribution set forth herein, effective January 1, 20241, a $15743.00 per month contribution will be paid to CalPERS for what is sometimes referred to as “employer contribution”. This amount is the minimum amount required by CalPERS, recognizing that state law may increase this minimum from time to time requiring compliance by City. The City’s maximum contribution below is inclusive of the required PEMCHA minimum.

Effective Dates Employee Only Employee +1 Employee +2
First full pay period after ratification $849.00 $1,300.00 $1,550.00 First full pay period in July 2022 $874.00 $1,350.00 $1,625.00 First full pay period in July 2023 $899.00 $1,400.00 $1,675.00 Effective Dates Employee Only Employee +1 Employee +2
First full pay period
after ratification
$1,000 $1,850 $2,250
First full pay period in
July 2025
$1,050* $1,925* $2,350*
First Full pay period in
July 2026
$1,100* $2,000* $2,450*
*Contingent on the City tax measure passing in November, 2024.

E. Employees who can verify to the City’s satisfaction that: they have equivalent group health coverage for medical (including dental & vision), which will remain 56 Item 5 B.
12 in effect until the next enrollment date will be eligible for a cash payment based on the following schedule. Current employee is defined as an employee hired prior to July 1, 2018; and receiving the Cash in Lieu at that time. Current employees who choose health coverage, will no longer be eligible for the current employee cash payment amount.

Effective Dates Current Employee New Employee
First full pay period after
ratification.
$773.00 $250.00
C. The City reserves the option of adding additional health care plansprograms to the cafeteria plan, as they may become available. The City will enable interested employees to participate in union sponsored medical plans.

XIV. RETIREMENT BENEFITS
A. CalPERS
The City participates in the California Public Employees’ Retirement System (CalPERS) operated by the State of California. Benefits provided are detailed in separate publications, depending upon the plan. The City provides 2.5% at 55 Retirement Plan for non-sworn employees, with the single-highest year option.

Contributions will be reported in accordance with the current CalPERS contract, i.e.: the employee portion (8%) plus any amount above the cap is reported to CalPERS as paid by the employee.

In 2007, the City implemented a cost-sharing benefit that consists of the City paying 8% of the normal member’s contributions as Employer Paid Member Contributions (EPMC), with additional cost sharing contributions not to exceed a total of 16.259% through June 30, 2019. The City agrees to report the value of the Employer Paid Member Contributions as salary for retirement benefit plan purposes.

Beginning July 1, 2018, all classic employees shall contribute 13.392% of their reportable salary to CalPERS. This contribution shall not be reduced unless negotiated by the parties in future negotiations.

Public Employees’ Pension Reform Act for Miscellaneous Employees hired by the City on or after January 1, 2013 and do not qualify as Classic members as determined by CalPERS: For new miscellaneous employees hired by the City of Capitola on or after January 1, 2013 and who do not qualify as classic members as defined by CalPERS, CalPERS has by statute implement a 2.0% @ 62 pension formula, based on a three-year average compensation. Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

B. LIUNA National Industrial Pension
General Government Employees: The City will contribute $0.25 per hour (not including overtime or compensatory time) each pay period to the LIUNA pension 57 Item 5 B.
13 fund on behalf of each of the following classifications (which were formerly a separate unit with a separate MOU represented by LIUNA): Mechanic, Parking Enforcement Officer, Equipment Operator, Maintenance Worker I, II & III and Recreation Facility Custodian. The compensation schedules attached hereto will be reduced $.25 per hour. The City’s sole obligation shall be to forward designated amounts to the fund. The Union shall indemnify and hold harmless the City against any and all claims made as a result of the City’s actions pursuant to this section.

Association of Capitola Employees: The City will allow the pretax contributions to LIUNA National Industry Pension for the following classifications formerly comprising the separate ACE Unit in the same manner as the General Government Employees when, and if past service credit benefit again becomes available: Account Technician, Accounts Receivable/Payable Clerk, Accountant I, & II, Administrative Assistant, Administrative Clerk I, Administrative Clerk II, Administrative Records Analyst, Building Inspector I, Building Inspector II, Class Coordinator, Development Services Technician, Data Entry Clerk, Information Systems Specialist, Museum Curator, Assistant Planner, Receptionist, Records Clerk, Records Coordinator, Records Management Clerk, Recreation Assistant and Recreation Receptionist, Sports Coordinator.

XV. PHYSICAL EXAMINATIONS
The City, for any employee receiving flex credit contributions, will provide a bi-annual physical examination for employee. Public Works employees may have the physical on an annual basis. The City will pay the amount not covered by the health care program.

XVI. LIFE INSURANCE
The City will continue to provide term life insurance in the amount of $50,000 and longterm disability insurance.

XVII. MILEAGE REIMBURSEMENT
Employees required to use their personal vehicles while on City business will be reimbursed at the rate set by the Internal Revenue Service.

XVIII. UNIFORMS
City will purchase uniforms for newly hired police department employees and will repair or replace uniforms on an as needed basis. In addition, City will cover the cost of reasonable cleaning of police and recreation department authorized uniforms. Employees will be responsible for delivering uniforms to, and retrieving uniforms from, the employer designated cleaning establishment.

XIX. SHOES, APPAREL AND EQUIPMENT REIMBURSEMENTS
A. Parking Code Enforcement Officers & Recreation Coordinator: Lifeguard Captain : The City will also cover the cost of needed uniform item replacements, including 58 Item 5 B.
14 shoes and will provide needed wheelchair repair and maintenance. Necessity will be reasonably determined by employer. Wheelchairs provided by the City shall remain property of the City.

B. Safety Shoes and Apparel: Equipment Operator, Mechanic, Maintenance Worker and Recreation Facility Custodian will each calendar year receive: one pair of approved safety shoes, up to five city-logoed shirts, and up to five pairs of denims.

The Public Works Director shall determine replacement frequency and kind.

XX. INCENTIVE PROGRAMS
A. Longevity Pay Incentive
Upon completing continuous years of service with the City, an employee's base pay shall be increased as follows:

1. 15 years' continuous service – 5.0%

2. 20 years' continuous service - an additional 5.0%, which shall be compounded with the 15-year recognition.

Effective the first pay period after City Council certification of 2024 election results, dependent on passage of the City tax measure on the November 2024 ballot passes, the following longevity schedule will replace the longevity schedule noted above:
a. 10 years’ continuous service – 5%
b. 15 years’ continuous service – additional 3%, which shall be compounded with the 10 year recognition.
c. 20 years’ continuous service – additional 2%, which shall be compounded with the 15 year recognition.

If the City tax measure on the November 2024 ballot does not pass, the status quo remains.

B. Education Reimbursement Program
The City will reimburse employees for tuition upon the completion of courses approved in advance by the City Manager up to a maximum of $1000.00 per calendar year for classes completed in that same calendar year. Textbook reimbursement for courses approved in advance by the City Manager shall be at 100%.

C. Bilingual Pay
Employees proficient in the Spanish language shall receive premium pay equal to five (5%) percent of base salary in addition to their regular wage, if:

1. Employee passes the City's bilingual competency test as administered by the Personnel Department on an annual basis to maintain the bonus pay. The City Manager may waive the annual testing requirement for individuals upon recommendation of the department head. Annual basis refers to the fiscal year; and 59 Item 5 B.
15 2. The employee is required to serve as a translator on a regular and ongoing basis, as certified by the Department Head.

D. Hazard Pay
Upon Department Head approval, if an employee in the Records Technician or Maintenance Worker (I, II, or III) role has been assigned to interact with hazardous materials, such as drugs and/or human waste, then that employee shall receive 5% increase in salary for all such hours worked.

XXI. PERSONNEL EVALUATIONS
For probationary employees, a performance evaluation is required, at a minimum, every three months.

For permanent employees, a performance evaluation is required annually. The completed evaluation should be submitted ten working days before the annual due date. Nothing in this provision shall prevent departments from issuing performance evaluations more frequently than the required time period.

Merit pay increases will go into effect on a timely basis, unless the performance evaluation of less than “meets standards” has been completed at least two weeks prior to the anniversary date.

If an employee does not agree with an evaluation, the employee may prepare a written response to the evaluation which shall be kept in the employee’s personnel file with the contested evaluation. The employee also may request a meeting with the City Manager to discuss the evaluation.

XXII. LUNCH AND REST PERIODS
Full-time employees shall be entitled to an unpaid lunch period of thirty (30) minutes at or about the mid-point of their workday. If an emergency occurs such that there is a need for the employee to work during the employee’s lunch period, the employee will be compensated for the lunch period.

Employees shall be allowed a 15-minute rest period during each four hours of work. An exception to this general rule is that the rest periods may be combined and scheduled as mutually agreed to by an employee and supervisor. In addition, the City reserves the right in emergency situations to require employees to work through rest periods.

Rest periods shall be considered compensable work time.

XXIII. EMERGENCY MEALS
The City shall arrange for meals for employees assigned to work four (4) or more hours contiguous to the employee’s shift when the employee is not provided notice of the need to work the overtime at least 12 hours prior to either commencing the overtime work or shift.
60 Item 5 B.
16 XXIV. LIGHT DUTY ASSIGNMENT
An employee who has been cleared by a physician to return to work with specified medical restrictions, may return to work within those restrictions, at the City’s discretion. The release must be in writing. Nothing in this section is intended to imply that an employee has a right to a light duty assignment. All such assignments are temporary assignments and are subject to the Department Head’s periodic review of the employee’s continued need for limited duty and the City’s ability to continue the employee in the assignment.

No change in base pay will result from this assignment.

XXV. PROBATIONARY PERIOD
Regular Appointment Following Probationary Period. All original and promotional appointments shall be tentative and subject to an initial probationary period of six (6) months actual service, as may be adjusted for approved leave, to be determined for each class by the Personnel Officer. The Department Head may recommend and the Personnel Officer may approve an extension of the initial probationary period up to six (6) additional months. The Probationary employee shall be informed three (3) weeks prior to the expiration of any probationary period, that the probationary period will be extended, and reasons shall be given for the extension.

The Department Head shall file with the Personnel Officer a Personnel Action Form that either (1) the service of the probationary employees has been satisfactory and that retention in the competitive service of such employee is denied; (2) the probationary period should be extended; or (3) the service of the employee has been unsatisfactory and his/her employment should be terminated. If at anytime during the probationary period the department head notifies the Personnel Officer that performance is less than satisfactory, the Personnel Officer will communicate that less than satisfactory performance to the appointing authority who may give or cause to be given to the employee a notice of immediate termination.

Objective of Probationary Period: The probationary period shall be regarded as part of the examination process and shall be utilized for closely observing the employee’s actual performance and for securing the most effective adjustment of a new employee to his/her position.

Rejection of Probationer: During the probationary period, an employee may be rejected at any time by the appointing authority and without the right of appeal. Written notification of rejection by the appointing authority shall be served on the probationer.

Rejection Following Promotion: The rules and rights afforded employees rejected during or at the conclusion of the probationary period following a promotional assignment shall be as set forth in the City’s Personnel Rules.

XXVI. GRIEVANCE PROCEDURE
A. Definition of a Grievance:

A grievance is defined as an allegation presented in writing by an employee or group of employees that the City has failed to provide a condition of employment, 61 Item 5 B.
17 which is established by law, Memorandum of Understanding, by written City or departmental rules, provided that the enjoyment of both such right is not made subject to the discretion of the Department Head or the City by the terms of law, Memorandum of Understanding, or by written City or departmental rules and, provided further, that the conditions of employment which are the subject matter within the scope of representation as defined in California Government Code Section 3504. Notwithstanding the above, excluded from this grievance procedure are employee evaluations, and any other matter that is assigned its own appeal procedure such as discipline and an alleged violation of the harassment policy.

B. Right to Representation:

An employee having a grievance shall have the right to consult with and be assisted by a representative of his/her own choice throughout the grievance process. In those cases, in which an employee elects to represent him/herself or arranges for other representation, the Union shall have the right to participate in the grievance procedure to the extent necessary to protect the interest of its members in negotiated conditions of employment.

C. Limitations on Money Damages:

In no event shall any grievance include a claim for money relief for more than the twenty-one-day period plus such reasonable discovery period, unless otherwise provided by law.

D. Procedure:

Failure of the employee to timely file a grievance and/or comply with the time limits at any step of this grievance procedure shall constitute an abandonment of the grievance. Failure of the employer to respond within the time limits at any step of this grievance procedure shall result in an automatic advancement of the grievance to the next step. The parties may mutually agree to extend the time permitted under any of the steps
Step 1
A grievance must be presented to the grievant’s supervisor within twenty-one (21) calendar days from the day upon which the City allegedly failed to provide a condition of employment, or within twenty-one (21) calendar days from the time in which an employee might reasonably have been expected to have learned of such alleged failure to provide. The written grievance shall include the following:
a) Date of submission;
b) Signature of employee or employees;
c) The MOU provision, Personnel Rule, Administrative Policy or other rule or policy allegedly violated;
d) A description of the relevant facts, including specifically how, when and by whom the grieved condition of employment was violated; e) The requested resolution or remedy; and
f) The name of any representative chosen by the grievant. 62 Item 5 B.
18 The supervisor shall provide the grievant with a written response within seven (7) actual working days.

Step 2
If the grievance is not resolved at Step 1, the employee shall have seven (7) actual working days after receipt of the supervisor’s Step 1 response to file an appeal with the Department Head. The Department Head may, but is not required to, meet with the grievant to discuss the grievance. The Department Head shall have seven (7) actual working days from either receipt of the appeal, or the meeting with the grievant, whichever is later, to provide the grievant with a written response.

Step 3
If the grievance is not resolved at Step 2, the employee shall have seven (7) actual working days after receipt of the Department Head’s Step 2 response to file an appeal with the City Manager. The City Manager shall meet with the grievant and other persons the City Manager believes would be useful to the City Manager’s consideration of the grievance within seven (7) actual working days after receipt of the grievant’s appeal. The City Manager shall have seven (7) actual working days from the date of the meeting with the grievant to provide the grievant with a written decision.

The Union may, in its own name, file a grievance with the City Manager alleging that the City has failed to provide it some organizational right which is established by law, provided that such right is not made subject to the discretion of the City. Such Union grievance shall be filed with the City Manager and heard and determined pursuant to the provisions of this step of the grievance procedure. The City Manager shall meet with the Union and other persons the City Manager believes would be useful to the City Manager’s consideration of the grievance within (7) actual working days after receipt of the Union’s grievance. The City Manager shall have seven (7) actual working days from the date of the meeting with the Union to provide the Union with a written decision.

Step 4
An employee dissatisfied with the City Manager’s decision on the employee’s Step 3 grievance may appeal the grievance to the City Council within (7) seven actual working days of receipt of the City Manager’s decision. The City Council will schedule a hearing within a reasonable time period after receipt of the appeal. The decision of the City Council following the hearing shall be final.

XXVII. LAYOFFS
Layoffs shall be governed by Personnel Rule 12. The City will make its best efforts to provide an additional 30 days of EAP benefits to employees who are laid off to assist them in their transition. If continued EAP benefits are not available, the City will meet with the Union to discuss the possibility of the City providing laid off workers with guidance on resume writing, conducting a job search, job interviewing, coping with stress and/or unemployment insurance benefits.

XXVIII. SAFETY
63 Item 5 B.
19 The City and employees shall comply with all Federal, State and local health and safety laws and regulations and the City’s “Loss Control, Injury and Illness Prevention Safety Program.” At least two employees within this bargaining unit shall be permitted to serve on the City-wide safety committee called for in the City’s “Loss Control, Injury and Illness Prevention Safety Program.”
XXIX. MISCELLANEOUS
Nothing in this plan will preclude the incumbents of any position from negotiating individual contractual provisions, provided that: such individual negotiations arise out of situations in which the employee has, or is negotiating towards, voluntarily terminating his/her employment or temporarily working in a higher paid position; and any resulting provision does not purport to affect the rights of any other member of the unit.

A. Legal Defense
Except as provided in Government Code Section 995.2, City shall provide a defense including but not limited to legal counsel in: a) any civil action or proceeding described in Government Code Section 995; b) any administrative action or proceeding described in Section 995.6; or any criminal action or proceeding described in Government Code Section 995.8. "Proceeding" as used in this section is applicable to situations where a claim or action is threatened, but not filed, if a reasonable, prudent person would consult or retain counsel in response to the possibility of actual civil, administrative, or criminal action. If City pays for a defense, but a court or tribunal issues a final ruling that would, under Section 995.2, preclude City payments for defense, employee shall immediately reimburse City, and if he/she fails to do so, City may offset any such amounts against compensation otherwise due employee under this contract.

B. Use of Employer Facilities
Employer facilities, such as the City Hall Community Room, may be made available, upon timely application, for use by employees and the recognized entity representing the employees. Such use shall not occur during regular duty hours, other than the lunch period. Application for such use shall be made to the management person under whose control the facility is placed.

C. Bargaining Time
A reasonable number of Employee members of the entity representing the bargaining unit shall be allowed time to absent themselves from duties for a reasonable period without loss of pay, for the purpose of participating in contract negotiations. They shall be extended the same privilege to participate in any meetings mutually called by the parties during the term of this agreement for review of grievances and contract compliance questions.

D. Required Meetings
64 Item 5 B.
20 Administrative staff members covered under this MOU who are required to attend meetings outside their regular work schedules will be paid at the overtime rate (1.5) for two hours, or for the hours actually worked, whichever is greater.

E. Disciplinary Appeal
Employees of this unit shall have available to them the predisciplinary Skelly meeting for any discipline that results in a suspension of one day without pay or more. In addition, all disciplinary matters of three days suspension without pay or greater shall be subject to Personnel Rule 11, section 7.a. for post discipline appeals.

F. Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of this MOU. Where appropriate, City will meet and confer with applicable employee group or groups (Government Code Section 3300 and following), before amending or creating new personnel rules G. Fair Labor Standards Act
All positions included in this Memorandum of Understanding are covered by appropriate sections of the Fair Labor Standards Act of 1935, as amended.

H. Resident Rates for City Programs
City employees shall be eligible to enroll in all City programs at the resident rate.

H.I. Compensation Study:

The parties agree to begin meeting once per month, beginning in January 2019 to attempt to reach agreement on the comparable agencies, bench mark classes and survey elements of a total compensation study in preparation for successor contract negotiations of this MOU. The Union and the City agree to meet at least 5 times.

Should agreement be made, the City agrees to prepare the data and present it to the Union at least 180 calendar days prior to the expiration of the MOU.

Implementation of any results is subject to the bargaining process for a successor MOU. The data shall be reverified and updated to ensure that it is current and relevant for the purposes of the study.
65 Item 5 B.
21 CITY OF CAPITOLA ASSOCIATION OF CAPITOLA EMPLOYEES
__________________________ __________________________________ Jamie Goldstein Ryan Heron, UPEC, Local 792
City Manager Labor Representative
________________________ __________________________________ Mark Wilson Staci Butcher
City Negotiator
__________________________________
Jesse Franchi
__________________________________
Leda Laidlaw-Hunter
________________________________
Rachel Tate

66 Item 5 B.

RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING AND APPROVING THE FISCAL YEAR 2024/2025

PAY RATES AND RANGES (SALARY SCHEDULE) FOR THE CONFIDENTIAL EMPLOYEES

AND ASSOCIATION OF CAPITOLA EMPLOYEES BARGAINING UNITS
WHEREAS, the City Council establishes the legal current salary range from the salary schedule for each class of position; and
WHEREAS, the California Public Employee’s Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City to publish pay rates and ranges on the City’s internet site and the City Council to approve the pay rates and range in its entirety each time a modification is made; and
WHEREAS, the City and the Confidential Employees and Association of Capitola Employees bargaining units have negotiated in good faith Memoranda of Understanding (MOUs) within the financial authority authorized by the City Council which includes a Cost of Living Adjustment (COLA) beginning the first full pay period after ratification; and WHEREAS, the attached salary schedule does not go into effect until the MOU is ratified by both the City Council and the employee groups; and
WHEREAS, a salary resolution is adopted annually by the City Council upon review and recommendation of the City Manager.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Capitola does hereby:

Authorize and approve City of Capitola pay rates and ranges (Salary Schedule, Exhibit A) for permanent employees from June 23, 2024, through June 30, 2025.

I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by
the City Council of the City of Capitola on the 13th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Kristen Brown, Mayor
ATTEST:
_______________________
Julia Gautho, City Clerk
67 Item 5 B.

EXHIBIT A
Fiscal Year 2024/2025 Salary Schedule – Confidential Employees Effective June 23, 2024 – June 30, 2025
Fiscal Year 2024/2025 Salary Schedule – Association of Capitola Employees Effective June 23, 2024 – June 30, 2025
68 Item 5 B.
69 Item 5 B.

Memo
To: City Council
From: Chloé Woodmansee, Assistant to the City Manager
Date: June 11, 2024
Re: Item 9A: Short-Term Wharf Use Agreement and Temporary Structure Plan Last Thursday, the Capitola Planning Commission met and received an update on the Wharf temporary structure plan. Since the temporary buildings do not require Planning Commission review, but will be in a prominent location on the Capitola Wharf, the Planning Commission established an ad-hoc committee comprised of Chair Christiansen, Commissioner Westman, and the owners of Boat and Bait, to review the proposed colors and materials of the structure.

The ad-hoc committee met on Monday, June 10, 2024. During the meeting, the committee recommended the following changes to the temporary structures as they were depicted in the published staff report:

1. Change the color from royal blue to slate blue

2. Change roof design from rounded to pitched

3. Change siding from horizontal to vertical

4. Add two windows
The ad-hoc committee recommended structures would look like the following:

City Manager Department
70 Item 5 C.

The temporary structures require an administrative permit issued by the Community Development Director consistent with Capitola Municipal Code section 17.96.180.C.5. The standard allows a commercial modular unit to be used as a work site for employees of a business displaced during construction for twelve months (and the potential for two twelvemonth extensions). Upon authorization of the lease, Director Herlihy will issue the temporary permit through December 31, 2025, and Public Works will order the temporary structures.

The ad-hoc committee recommendations result in an increased cost of approximately $3,000. The following is a cost summary breakdown for all expenses related to the short term lease.

Temporary Buildings $ 19,050
Second Storage Shed $ 3,000
Electrical and Flooring
Installation Allowance $ 10,000
Total for Temporary
Concessions $ 32,050
Hazardous Materials Shed $ 11,000
Total $ 43,050
71 Item 5 C.

Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on May 23, and the special meeting on May 30, 2024.

Background: Attached for City Council review and approval are the draft minutes from the regular meeting on May 23, and the special meeting on May 30, 2024.

Attachments:

1. Regular Meeting Minutes 5/23

2. Special Meeting Minutes 5/30
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
72 Item 8 A.

City of Capitola
City Council Meeting Minutes
Thursday, May 23, 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 6:09 PM. In attendance: Council Members Clarke, Morgan, Pedersen, and Vice Mayor Brooks. Absent: Mayor Brown.

2. Additions and Deletions to the Agenda – None

3. Report on Closed Session – The City Council met and discussed one item on the Closed Session agenda. The City Council will return to Closed Session at the conclusion of the regular meeting agenda.

4. Additional Materials
A. One letter was received relating to Closed Session Item i.

5. Oral Communications by Members of the Public
 Charlotte Link
 Marilyn Garrett
 Goran Klepic
 Kevin Norton

6. Staff / City Council Comments
 City Manager Goldstein congratulated the Police Department on the Skatetola Event.  Council Member Clarke echoed the City Manager’s comments.  Council Member Morgan commended the Public Works Department for their work on the beach.  Vice Mayor Brooks provided a report about her attendance at the Santa Cruz County Business Chamber Event with Speaker Rivas; shared that she has resigned from her role as the Chair of the Children’s Network; shared that she will be representing Capitola on a trip to the Netherlands through Ecology Action to learn about bicycle infrastructure; requested that the City Manager provide information about a resident proposed soda tax in the Friday Update.

7. Consent Items
73 Item 8 A.

City Council Meeting Minutes – May 23, 2024
City of Capitola Page 2
A. City Council Meeting Minutes
Recommended Action: Approved minutes from the special meeting on May 7, the regular meeting on May 9, and the special meeting on May 16, 2024.

B. Plan Review Consulting Services Agreement
Recommended Action: Adopted Resolution No. 4366 authorizing the City Manager to execute a sole-source Professional Services Agreement with CSG Consultants in an amount not to exceed $300,000 for on-call Building Division and Public Works Department contract services for three years.

C. GreenWaste Annual Rate Adjustment
Recommended Action: Adopted Resolution No. 4367 approving the contractual rate increase for collection and disposal of residential and commercial garbage, recycling, organics, food waste, yard waste, and construction and demolition debris, effective July 1, 2024, according to the Service Rate Schedule formula of the Franchise Agreement with GreenWaste Recovery, Inc.

D. Dakota Apartments Grant Application
Recommended Action: Adopted Resolution No. 4368 authorizing the City Manager to apply for up to $900,000 in HOME Program Income funds for the rehabilitation of the Dakota Apartments.

E. Park at Rispin Mansion Deed Restriction
Recommended Action: Adopted Resolution No. 4369 authorizing the City Manager to execute a deed restriction on a City-owned parcel (APN 035-347-01) for the Park at Rispin Mansion.

F. Contract with Ben Noble Planning
Recommended Action: Adopted Resolution No. 4370 authorizing the City Manager to execute a sole-source Professional Services Agreement with Ben Noble Planning in the amount of $124,375 to implement Housing Element action items into the Capitola Zoning Code and process annual Zoning Code updates.

G. Business Improvement Assessments FY 2024-25
Recommended Action: Adopted Resolution No. 4371 providing notification of the City’s intent to levy business improvement assessments for Fiscal Year (FY) 2024-25; accepting the annual report and proposed budget of the Capitola Village and Wharf Business Improvement Area; setting the date for a public hearing to be held on Thursday, June 13, 2024; and outlining noticing requirements.

H. City of Capitola Military Equipment Use
Recommended Action: Adopted Resolution No. 4372 renewing Chapter 2.60 of the Capitola Municipal Code entitled Military Equipment Use Ordinance, Capitola Military Equipment Use Policy 706, and finding that the annual Military Equipment Report complies with the standards of approval outlined in Government Code Section 7071(d).

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

Absent: Mayor Brown

8. General Government / Public Hearings
A. COE Bylaws & FY 2023-25 Goals
Recommended Action: Adopted Resolution No. 4373 adopting amended Commission on the Environment Bylaws and approved the list of Commission on the Environment Goals for FY 2023-25.
74 Item 8 A.

City Council Meeting Minutes – May 23, 2024
City of Capitola Page 3
Erika Senyk, Environmental Projects Manager, Jason Shepherdson, Chair of the COE, and Michelle Beritzhoff-Law, COE Commissioner, presented the staff report.

Public Comment:
 Marilyn Garrett
The City Council commended the COE for their work on the Bylaws and Workplan and requested that the COE discuss the effects of the Wharf Project on pollution and trash, enforcement of the plastic bag ban, and alignment with Central Coast Community Energy policies.

Motion to adopt the resolution and approve the workplan: Council Member Morgan Second: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks

Absent: Mayor Brown
B. Parks Use Policy and Resolution
Recommended Action: Adopted Resolution No. 4374 adopting Administrative Policy V-21: City Park Reservation Permit Use Policy (“Park Reservation Policy”) and directed staff to return to the City Council with amendments to the fee schedule to reflect proposed park space reservation fees.

Recreation Division Manager Bryant presented the staff report.

Public Comment:
 Marilyn Garrett
The City Council requested that staff provide an update on the addition of translation services to the City’s Recreation reservation system, requested that there is a clear contact person for reservation holders during weekend reservations, requested removal of restrictions on barbecue locations, and requested review of the policy in 6 months.

Motion to adopt the resolution : Council Member Clarke
Second: Council Member Pedersen
Motion amended to amend the policy to remove restrictions on barbecue locations:

Council Member Pedersen
Amendment Accepted: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks

Absent: Mayor Brown
C. Community Center Renovation Project
Recommended Action: 1) Authorized the City Manager to execute Amendment 2 to the Professional Services Agreement with Boone Low Ratliff Architects in the amount of $37,000, for a total contract value of $560,713; and 2) authorized the City Manager to execute a Professional Services Agreement with Cumming Group in the amount of $300,000 for construction management services for the Community Center Renovation Project.

Public Works Director Kahn presented the staff report.

Motion to approve the amendment and agreement: Council Member Morgan Second: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks

Absent: Mayor Brown
75 Item 8 A.

City Council Meeting Minutes – May 23, 2024
City of Capitola Page 4

9. Adjournment – The City Council adjourned to Closed Session at 7:42 PM. The City Council met and discussed one item on the Closed Session agenda and completed Closed Session at 8:10 PM, no reportable action was taken. The meeting adjourned at 8:10 PM. The next City Council meeting is on May 30, 2024, at 6:00 PM.
76 Item 8 A.

City of Capitola
Special City Council Meeting Minutes
Thursday, May 30, 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 Special 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, Morgan, Pedersen, and Vice Mayor Brooks. Absent: Mayor Brown.

2. Additions and Deletions to the Agenda – None

3. Additional Materials
A. Item 4 - Correspondence Received
B. Item 6A – Updated staff report and attachments
C. Item 7A - Correspondence Received

4. Oral Communications by Members of the Public – None

5. Staff / City Council Comments
 Council Member Clarke advised the public that the Capitola Classic Car Show will be held on June 8th in the Village.
 Council Member Pedersen requested that staff bring forward an item to allow dogs on the beach.
 Vice Mayor Brooks announced that the Wharf Re-Opening Celebration will be postponed and that a new event date will be announced soon.

6. Consent Items
A. Memorandum of Understanding with the Police Officers Association Recommended Action: 1) Authorized the City Manager to execute a successor agreement to the existing Memorandum of Understanding with negotiated changes for the Capitola Police Officers Association; and 2) adopted Resolution No. 4375 approving the updated salary schedule, effective June 7, 2024.

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

Absent: Mayor Brown

7. General Government / Public Hearings
A. Proposed Fiscal Year 2024-25 Budget
77 Item 8 A.

Special City Council Meeting Minutes – May 30, 2024
City of Capitola Page 2
Recommended Action: Receive the proposed budget and provide direction to staff to either: 1) continue budget deliberations to a Special City Council meeting on June 6, 2024; or 2) prepare the documents for final budget adoption at a regular meeting in June and cancel future planned budget hearings.

Finance Director Malberg presented the staff report.

The City Council directed staff to allocate $5,000 to the Eviction Defensive Collaborative and $30,000 to the paving of the McGregor Bicycle Pump Track. The City Council requested that staff provide an update on pending grant applications with timelines of potential approval.

Motion to allocate funding to the McGregor Park Pump Track and Eviction Defense Collaborative and cancel future planned budget hearings: Council Member Morgan Second: Council Member Pedersen
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks

Absent: Mayor Brown

8. Adjournment - The meeting adjourned at 6:18 PM. The next regularly scheduled City Council meeting is on June 13, 2024, at 6:00 PM.
____________________________
ATTEST: Kristen Brown, Mayor
____________________________
Julia Gautho, City Clerk
78 Item 8 A.

Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve check registers dated May 3, May 10, May 17, and May 24, 2024.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
05/03/2024 106087 106131 45 $ 213,510.54
05/10/2024 106132 106211 85 $ 392,581.58
05/17/2024 106212 106247 36 $ 109,332.43
05/24/2024 106248 106330 89 $ 302,423.46
The main account check register dated April 26, 2024, ended with check #106086.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
05/03/2024 24905 25004 100 $ 191,773.44
05/10/2024 - - - -
05/17/2024 25005 25105 101 $ 195,035.95
05/24/2024 - - - -
The payroll account check register dated April 19, 2024, ended with EFT #24904.

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

Check/
EFT Issued to Dept Description Amount
106092 CalPERS Health Insurance CM May Health Insurance $ 75,944.66 106094 Community Bridges CDD CDBG Meals on Wheels $ 21,924.34 106095 CSG Consultants Inc. CDD Building Inspector Services $ 28,441.62 106096 Dudek CDD #23-0525 1098 38th Ave
Consulting $ 10,790.00
106120 Royal Wholesale Electric PW Light Poles Replacement $ 11,772.00 106142 Betz Works Inc PW Park at Rispin Mansion Project Services $ 148,800.00
106166 Kimley Horn and
Associates Inc PW Park Ave Traffic Calming Services $ 18,997.50 106186 Phoenix Group Information
Systems PD March Citation Processing $ 11,773.28
79 Item 8 B.
106191 Santa Cruz County
Auditor-Controller Fin April Citation Processing $ 10,560.50 1709 CalPERS Member
Services Division CM PERS Contributions PPE 4/27/24 $ 64,470.08 1710 Employment Development
Department CM State Taxes PPE 4/27/24 $ 10,280.43
1711 Internal Revenue Service CM Federal Taxes & Medicare PPE 4/27/24 $ 34,592.83
106217 Boone Low Ratliff
Architects Inc PW Community Center Renovation Design Services $ 31,021.09 106237 ParkPacific Inc PW Benches for Wharf 50%
Deposit $ 46,615.70
106254 Burke Williams and
Sorensen LLP CM April Legal Services $ 49,904.70
106263 CSW-Stuber-Stroeh
Engineering Group PW Cliff Drive Resiliency Project Services $ 11,210.94 106286 Pacific Gas & Electric PW May Monthly Utilities $ 18,333.77 1714 CalPERS Member
Services Division CM PERS Contributions PPE 5/11/24 $ 64,586.43 1715 Employment Development
Department CM State Taxes PPE 5/11/24 $ 10,461.80
1716 Internal Revenue Service CM Federal Taxes & Medicare PPE 5/11/24 $ 34,742.54
Attachments:

1. 05-03-24 Check Register

2. 05-10-24 Check Register

3. 05-17-24 Check Register

4. 05-24-24 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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Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: Finance Department
Subject: City Investment Policy
Recommended Action: Approve the City's Administrative Policy Number III-1, Investment Policy as recommended by the Finance Advisory Committee.

Background: California Government Code §53630 et seq. contains State requirements for the deposit of City funds. Government Code §53635 requires that all money belonging to, or in the custody of, a local agency be deposited in certain allowable instruments. The current Investment Policy was approved by the City Council on August 9, 2001, by adoption of Resolution No. 3149, affirming the City’s Investment Policy. This resolution was then incorporated into the City’s Administrative Policies. California Government Code requires a city to annually review its investment policy.

Discussion: The California Debt and Investment Advisory Committee annually updates the Local Agency Investment Guidelines which lists the allowable investment options for local public agencies. The City’s Investment Policy states that the investment policy, or any modification thereof, shall be formulated by the City Treasurer and approved by the City Council.

Understanding the order of importance, the investment policy shall:

1. Provide for the safety of the funds

2. Assure the liquidity of the funds

3. Acquire earnings of the funds
At the May 21, 2024, Finance Advisory Committee regular meeting, the committee reviewed the investment policy and recommended confirming it without any changes.

Staff has reviewed the investment policy for several other similarly sized cities and the proposed policy is consistent with the approach taken in those cities. In addition, the City’s auditors review the Investment Policy and Investment Portfolio as part of their annual audit to ensure compliance with all state laws and regulations.

Fiscal Impact: None.

Attachments:

1. Administrative Policy Number III-1, Investment Policy Report Prepared By: Report Prepared By: Jim Malberg
Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney 119
Item 8 C.

Approved By: Jamie Goldstein, City Manager
120
Item 8 C.

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING AMINISTRATIVE POLICY III-I – INVESTMENT POLICY WHEREAS, on May 9, 1996, the City Council adopted resolution number 2788 governing the investment of cash held in the City Treasury; and
WHEREAS, on August 24, 2023, adopted resolution number 4334 amending and affirming the City’s Investment Policy; and
WHEREAS, the City Council is required to annually affirm the City’s investment policy as part of the annual budget adoption process; and
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Capitola hereby approved Administrative Policy III-I – Investment Policy as shown on Exhibit A to this resolution; and
BE IT FURTHER RESOLVED that the City Treasurer is directed to invest cash held in the City Treasury in accordance with the City’s Investment Policy.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 13th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Kristen Brown, Mayor
ATTEST:
____________________
Julia Gautho, City Clerk
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Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: Finance Department
Subject: Year 2024-25 Appropriation Limit
Recommended Action: Adopt a resolution establishing the Fiscal Year 2024-25 appropriation limit.

Background: On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Initiative, establishing Article XIIIB of the State Constitution. This proposition, which has been amended twice, places annual limits on the appropriation of tax proceeds that can be made, based on the 1978-79 base year and adjusted each year for population growth and costof-living factors. It precludes state and local government from retaining “excess” revenues above the appropriation limit and requires the state to reimburse local government for the cost of certain mandates.

The appropriations limit on the amount of revenue that can be spent applies only to tax proceeds.

Charges for services, fees, grants, loans, donations, and other non-tax-based proceeds are excluded. The State Constitution requires that the City Council ratify the calculation factors and set the City’s appropriations limit for the following fiscal year prior to June 30 of each year.

Discussion: The Appropriations Limit for a given fiscal year is established in the months preceding the beginning of that fiscal year. California Revenue and Taxation Code, Section 2227, mandates that the State Department of Finance transmit an estimate of the percentage change in population to local governments. Capitola uses this percentage change in population factor for January 1, 2024, in conjunction with the County-issued “Change in California Per Capita Income” to calculate the Appropriation Factor used to determine the limit.

The 2024-25 calculation is:

Annual %
change in City
Population
minus
Exclusions x
Change in
California per
capita Income=
Appropriation
Factor x
FY 2023-24
Appropriation
Limit =
FY 2024-25
Appropriation
Limit

0.9936 1.0362 1.0296 $ 35,126,146 $ 36,164,767
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Item 8 D.

The 2024-25 Proposed Budget tax revenues are:

The 2024-25 percent of appropriations limit used is:

As shown in the tables above, Capitola tax revenues have historically been well below the Appropriations Limit and the FY 2024-25 Proposed Budget continues this trend.

Fiscal Impact: The appropriations limit increased $1,038,621 (or 3.0%) to $36 million from Fiscal Year 2023-24 to Fiscal Year 2024-25.

Attachments:

1. Resolution
Report Prepared By: Luis Ruiz, Accountant I
Reviewed By: Jim Malberg, Finance Director; Julia Gautho, City Clerk; Sam Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
Source of Tax Revenue
2024-25
Proposed
Budget
Sales Tax (1%) $ 6,286,590
District Taxes (Measures O & F) 2,222,060
Property Tax and In-Lieu 3,277,120
Transient Occupancy Tax 2,222,000
Document Transfer Tax 100,000
Franchise Taxes 698,500
Business License Tax 318,750
Cannabis Retail Tax 300,000
Interest Income from tax revenue 20,000
Total Tax Revenue $ 15,445,020
Fiscal Year ended: 2022-23 2023-24 2024-25
Appropriations Limit $ 34,079,286 $ 35,126,146 $ 36,164,767 Tax revenue $ 15,052,269 $ 15,276,471 $ 15,445,020
Remaining to limit $ 19,027,017 $ 19,849,675 $ 20,719,747 % of limit used 44.17% 43.49% 42.71%
Limit vs. prior year $ 1,365,138 $ 1,046,860 $ 1,038,621 Incr./(Decr.) vs. pr. yr. 4.2% 3.1% 3.0%
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RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
SETTING THE 2024-25 FISCAL YEAR APPROPRIATION LIMIT PURSUANT

TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, before June 30 of each year, the City Council must select the factors to calculate the appropriation limit for the ensuing fiscal year and set the appropriation limit accordingly.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2024-25 Fiscal Year Appropriation Limit shall be $36,164,767 calculated as follows:

Population change within the city: 0.9936
Change in California per capita Income 1.0362
2023-24 Appropriation Limit: $ 35,126,146
Adjustment Factor x 1.0296
2024-25 Appropriation Limit: $ 36,164,767
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 13th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Kristen Brown, Mayor
ATTEST:
_______________________
Julia Gautho, City Clerk
125
Item 8 D.

Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: City Manager Department
Subject: Criminal Justice Council of Santa Cruz County
Recommended Action: Authorize the City Manager to sign the third amendment to the Joint Exercise of Powers Agreement re-establishing the Criminal Justice County of Santa Cruz County to provide for a one-year extension through June 30, 2025.

Background: In 2011, the City Council approved the Joint Exercise of Powers Agreement Re-Establishing the CJC following discussions regarding collaborative efforts to address countywide gang prevention and intervention. The CJC has provided a forum for discussing and recommending programs and plans for solutions to criminal justice issues. The term of the agreement was extended for five years in 2016, extended for another three years in 2021 and expires on June 30, 2024.

The third amendment to the agreement (Attachment 4) would extend the CJC term for another year until June 30, 2025. During this term, the CJC will focus on inventorying behavioral health services among service providers in the community and issuing its fourth and final annual report. The CJC will also summarize key takeaways and recommendations from all four reports. More information on the CJC, and published reports, can be viewed online at https://www.santacruzcjc.org/.

Discussion: Having accomplished its purpose and final report, the CJC anticipates it will phase out during Fiscal Year (FY) 2024-25 and sunset on June 30, 2025. Collaborative efforts will continue through other public safety and justice commissions, committees and advisory bodies, including the Commission on Justice and Gender, Community Corrections Partnership, Juvenile Justice Coordinating Council, and Juvenile Justice and Delinquency Prevention Commission.

Fiscal Impact: The CJC adopted a budget for FY 2024-25 at their May 9, 2024 meeting. The City’s contribution will be $3,000 for FY 2024-25.

Attachments:

1. Joint Exercise of Powers Agreement for the Criminal Justice Council

2. Amendment 1

3. Amendment 2

4. Amendment 3
Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
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--; 59

JOINT EXERCISE OF POWERS AGREEMENT

RE-ESTABLISHING THE CRIMINAL JUSTICE COUNCIL

OF SANTA CRUZ COUNTY
This Agreement is entered into by and among the County of Santa Cruz and the Cities within the County of Santa Cruz, namely: Santa Cruz, Watsonville, Capitola and Scotts Valley.

RECITALS
A. In 1986, the parties entered into a Joint Exercise of Powers Agreement for the purpose of creating the Criminal Justice Council of Santa Cruz County. That Agreement, by its terms, terminated in 1989. The parties intend to re-establish the Criminal Justice Council of Santa Cruz County and make this agreement effective upon its execution by the County of Santa Cruz and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley, and to include all of the incorporated territory of Santa Cruz County.

B. Title One, Division 7, Chapter 5 of the Government Code of the State of California (Government Code Section 6500 et seq.) authorizes such a Joint Exercise of Powers Agreement of two or more public agencies for any power common to them.

C. The parties possess in common the power to study, discuss, and recommend policies for the solution of criminal justice problems, and to design programs and develop plans for the expenditure of funds for their solution.

NOW, THEREFORE, the County of Santa Cruz, and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley, in consideration of the mutual promises and agreements herein contained, do agree as follows:

1. ORGANIZATION
The parties hereby create a separate agency to be known as the Criminal Justice Council of Santa Cruz, (hereinafter called "CJC") for the purposes of:
a. Provide a more effective and efficient criminal justice system for the citizens of the Cities and County of Santa Cruz.
b. Promote cooperation and coordination within the criminal justice system. c. Provide long-range planning for the criminal justice system in Santa Cruz County.
d. Provide timely information on criminal justice matters, act as an advisory body to governmental entities in Santa Cruz County, and monitor and evaluate projects;
e. Promote more efficient use of local resources to enhance capacity of criminal justice agencies and assist in obtaining new or additional revenues from outside the community.
f. Promote the health and safety of the community.
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Item 8 E.
60 CJC shall become an effective governmental unit pursuant to Government Code Section 6500 et seq., upon the execution of this agreement by and among Santa Cruz County and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley. As provided by law, the CJC shall be a public entity separate from the County and Cities party to this agreement, and it shall exist as such until such time as this agreement is terminated, as provided herein.

2. MEMBERSHIP OF THE GOVERNING BODY
The governing body of the CJC shall consist of twenty-six (26) members that shall include the following:
a. Two (2) members of the Board of Supervisors designated by the Board; b. The CAO of the County or his/her designated representative; c. The Sheriff of the County;
d. Four (4) Chiefs of Police; one for each City;
e. The District Attorney of the County;
f. The Chief Probation Officer of the County;
g. Two (2) Judges designated by the Judges of the Superior Court of the County;
h. One (1) member selected by the primary Public Defender's Office; i. The County Superintendent of Schools;
j. The Mental Health Director;
k. Two (2) representatives selected by the City Council of each City. One representative must be a member of the City Council; the other may be a member of the City Council, the City Manager, or the person who acts as the City Manager in the City Manager's absence;
i. Two (2) representatives of non-profit agencies related to the criminal justice system selected by the CJC; and
m. The President of Cabrillo College

3. TERMS OF MEMBERSHIP
All members holding membership solely by the office or position held by them, shall be members of the CJC or so long as they hold such office or position and for so long as such office or position constitutes the basis for such CJC membership. Other members shall serve for a period of three (3) years.

4. GENERAL POWERS
The CJC shall have the power to do the following in its own name: to sue and be sued; to make and enter into contracts; to employ agents and employees; to incur debts, liabilities, and obligations necessary to accomplish the purposes of this agreement; and to exercise any power common to the parties hereto and to advise the parties in the exercise of individual powers possessed by the parties, provided that such powers are exercised in furtherance of the purposes of this agreement. The CJC shall have no power or authority to bind any of the parties to this agreement individually to any debt, liability, or obligation. The CJC shall have no power to exercise any of the policy or taxing powers of any of the parties hereto.
2 29
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J 61

5. SPECIFIC PURPOSE OF POWERS
Purpose
The CJC shall endeavor:
a. To provide long-range planning for the criminal justice system in Santa Cruz County;
b. To provide a more effective and efficient criminal justice system for the citizens of the Cities and the County of Santa Cruz;
c. To promote cooperation and coordination within the criminal justice system;
d. To provide timely information on criminal justice matters, act as an advisory body to governmental entities in Santa Cruz County, and monitor and evaluate projects;
e. To appoint and assume responsibility for staff;
f. To review and approve the budget prepared for the CJC ; g. To form committees to assist in planning, analysis, policy and goal recommendations, and such other functions as the CJC deems necessary;
h. To establish such bylaws and rules and regulations as may be necessary for its operation and the conduct of its business;
i. To accept and expend funds (by contract or otherwise) for purposes consistent with the provisions hereof, which funds may be provided by the parties, United States Government, the State of California, or any subdivision thereof, or from any other person, agency or organization, whether public, private, for the purposes specified herein, and maintain at all times a complete and accurate system of accounting for such funds; j. To receive, accept and utilize the services of personnel offered by any of the parties to this agreement, or their representatives or agents; receive, accept and utilize property, real or personal, from any of the parties to this agreement, or their agents or representatives;
k. To perform other functions in accordance with local policy.

6. BUDGET AND FINANCE
a. Before the CJC may spend any funds it shall adopt a budget showing the purpose for which the funds will be expended, and source of such funds. b. The Santa Cruz County Treasurer's Office shall be the depository of all CJC funds and the County Treasurer shall be their custodian. The Auditor and Controller of the CJC shall be the Santa Cruz County AuditorController. The duties of the Santa Cruz County Treasurer and Santa Cruz County Auditor-Controller shall be those found in Government Code Section 6505 et seq.
c. In consideration of the mutual promises herein contained, it is hereby mutually agreed that the costs of maintaining the Council for the initial fiscal year (2011-12) commencing July 1, 2011 shall be pursuant to the budget (Attachment A) and shall be financed as provided in said Attachment.
d. The CJC shall make available to each party an accounting report at least annually of all funds received and disbursed.
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0::
e. Upon termination of this agreement or termination of the CJC property, any surplus money of the CJC shall be returned to the parties hereto in the same proportions as such parties made contributions to the CJC. f. The Executive Director of the CJC is designated as property custodian of the CJC. Every officer or employee of the CJC authorized to receive, account for or expend any funds shall file a bond in the sum of $10,000.00. This requirement may be met by one or more blanket bonds.

7. INSURANCE
It is understood that the CJC assumes all responsibility for liabilities arising out of acts or omissions of its members, officers, agents or employees. CJC shall maintain insurance as set forth below:
a. Worker's Compensation in the minimum statutorily required coverage amounts.
b. Automobile Liability Insurance for each of vehicle used in the performance of this Agreement, including owned, non-owned (e.g. owned by employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.

8. EFFECTIVE DATE AND TERM
This agreement shall be in full force and effect upon the date of execution by the County and all Cities within the County. Absent an agreement to extend the terms of this agreement, this agreement will terminate on June 30, 2016.

9. WITHDRAWAL OF PARTIES
Upon ninety (90) days written notice to all parties, any party may request to withdraw from its status as a party.to this agreement, provided that such party has either discharged, or has arranged to the satisfaction of the remaining parties for the discharge of any pending obligations it has assumed hereunder. A party to this agreement will incur no liability for any obligation created after the effective date of such party's withdrawaL.

10. AMENDMENTS
This agreement may be amended at any time by the written agreement by and among the County and signatory City governments.

11. LEGALITY OF AGREEMENT
Should any portion, term condition or provision of this agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, or provisions shall not be affected thereby. 29 4 130
Item 8 E.

G 63
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands. .

COUNTY OF SANTA CRUZ Dated:

By f£.:S! (10/'-/" ¡ /
~
CI~~ SAtn A CRUZ Dated:

By: By:

CITY OF WATSONVILLE Dated: Approved as to form:

By: By:

CITY OF CAPITOLA Dated: Approved as to form:

By: By:

CITY OF SCOTTS VALLEY Dated: Approved as to form:

By: By:

S:ICriminal Justice CouncillJOINT EXERCISE OF POWERS AGREEMENT.doc 5 13131
Item 8 E.

J¡ " \.1
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ Dated: Approved as to form:

By:

CITY OF SANTA CRUZ
By:

Dated: Approved as to form:

By:

CITY OF WATSONVILLE
By:

Dated: Approved as to form:

By: By:

Dated:
# By
Dated:

By: By:

S:\Criminal Justice Council\JOINT EXERCISE OF POWERS AGREEMENT.doc 23 5
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0065
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ
By:

CITY OF SANTA CRUZ
~~

CITY OF WATSONVILLE
By:

CITY OF CAPITOLA
By:

CITY OF SCOTTS VALLEY
By:

Dated:

Aed¡:~7-¡j
Dated:

Dated:

Approved as to form:

By:

Approved as to form:

By:

Approved as to form:

By:

S:\Criminal Justice Council\JOINT EXERCISE OF POWERS AGREEMENT.doc 5 18133
Item 8 E.
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WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ Dated: Approved as to form:

By: By:

CITY OF SANTA CRUZ Dated: Approved as to form:

By: By:

CITY OF WATSONVILLE Dated: Approved as to form:

By: By:

CITY OF CAPITOLA Dated: Approved as to form:

By: By:

CITY OF SCOTTS VALLEY Dated: Approved as to form:

By: ~¿/¿; q ~'7 -20 1\ By~ÝVoe~ Sl4J' "Cr" H. Ancto i¿, ('5+-e PouJe\ \ c.¡ li¡ MOJ 0-e-v- C-i+ii A+to(V' e.'-
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134
Item 8 E.
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WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ Dated: Approved as to form:

By:

CITY OF SANTA CRUZ
By:

Dated: Approved as to form:

By: By:
:~TY z/;i2

CITY OF CAPITOLA
Dated:

By: /qßlÍr
Dated:

By:

CITY OF SCOTTS VALLEY
By:

Dated: Approved as to form:

By: By:

S:\Criminal Justice Council\JOINT EXERCISE OF POWERS AGREEMENT.doc 5 Exhibit "A"
50f6
i3
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Item 8 E.
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Item 8 E.
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Item 8 E.

CITY OF SANTA CRUZ Approved as to form:

By:

Dated:

CITY OF WATSONVILLE Approved as to form:

By:

Dated:

CITY OF CAPITOLA Approved as to form:

By:

Dated:

CITY OF SCOTTS VALLEY Approved as to form:

By:

Dated:

DocuSign Envelope ID: 1885C602-DE3E-4EA5-9F14-7F4BF2DD5432 5/28/2021
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Item 8 E.
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Item 8 E.

CITY OF SANTA CRUZ Approved as to form:

By:

Dated:

CITY OF WATSONVILLE Approved as to form:

By:

Dated:

CITY OF CAPITOLA Approved as to form:

By:

Dated:

CITY OF SCOTTS VALLEY Approved as to form:

By:

Dated:

DocuSign Envelope ID: 79FE7CEF-F85B-46A4-8CC8-88ABD6153303 6/3/2021
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Item 8 E.

DocuSign Envelope ID: F23BE808-6A20-44FF-94A6-86E1C5DC3E09 9/2/2021 | 4:24 PM PDT
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THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT

RE-ESTABLISHING THE CRIMINAL JUSTICE COUNCIL

OF SANTA CRUZ COUNTY
WHEREAS, the Criminal Justice Council of Santa Cruz County (“CJC”) was reestablished in 2011 to create a forum for the discussion and recommendation of policies, programs and plans for solutions to criminal justice issues; and WHEREAS, the CJC was established pursuant to the Joint Exercise of Powers Act of the State of California, constituting Chapter 5, Division 7 of Title 1 of the Government Code of the State of California (Sections 6500 et seq.); and WHEREAS, the “Joint Exercise of Powers Agreement Re-Establishing the Criminal Justice Council of Santa Cruz County” (“Agreement”) was entered into by the County and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley in October 2011; and
WHEREAS, Section 10 of the Agreement authorizes amendments at any time by the written agreement by and among the County and signatory City governments; NOW, THEREFORE, the County of Santa Cruz and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley agree to amend the Agreement as follows.

Section 8 of the Agreement is amended to read:

All other provisions of the Agreement shall remain the same.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and attested by their proper officers thereunto duly authorized on the day and year stated below the name of each of the parties. This Amendment may be signed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement.

COUNTY OF SANTA CRUZ Approved as to form:

By:

Dated:
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Item 8 E.

CITY OF SANTA CRUZ Approved as to form:

By:

Dated:

CITY OF WATSONVILLE Approved as to form:

By:

Dated:

CITY OF CAPITOLA Approved as to form:

By:

Dated:

CITY OF SCOTTS VALLEY Approved as to form:

By:

Dated:
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Item 8 E.

Capitola City Council
Agenda Report
Meeting: June 13, 2024
From: Public Works Department
Subject: Construction Contract for Wharf Improvements
Recommended Action: 1) By motion, authorize the City Manager to execute Amendment 1 to the Professional Services Agreement with Fuse Architects, Inc. in the amount of $37,000, for a total contract amount of $73,100, for the final design of the Wharf Enhancement Project; and 2) Adopt a resolution authorizing the City Manager to execute a sole source Professional Services Agreement with Fuse Architects, Inc. in the amount of $199,325 for fabrication and installation of Capitola Wharf enhancements.

Background: The Capitola Wharf is currently undergoing significant renovations as part of the Wharf Resiliency and Public Access Project (Wharf Project). This project focuses on widening the Wharf, addressing failing pilings, replacing the deck, and adding new restroom facilities to improve the Wharf's long-term resilience. Construction by Cushman Contracting began in September 2023 and is nearing completion.

At the Special Planning Commission Meeting on Wednesday, March 27, 2024, the Planning Commission approved an amendment to Permit #20-0141, which includes a Design Permit and Conditional Use Permit for the rehabilitation, repair, and expansion of the historic Capitola Wharf to include the following elements:

Entry Archway: The updated design maintains the look and materials of the existing archway with the lettering of Capitola Wharf in similar font, materials, and ornamentation. The two pillars flanking the entryway will incorporate tiled mosaic panels on the front, interior side, and back.

Rolling Gate: A simple eight-foot-tall vertical gate is proposed to close off the Wharf during emergencies.

The metal gate will slide to the side and typically be located between the new restrooms and the guard rail.

Donor Panels: Installation of a donor wall recognizing members of the Capitola community who helped fund the Capitola Wharf Enhancement Project (CWEP) includes seven 2 feet wide by 3 feet tall panels on the Wharf railing after the bathroom on the right, overlooking Hoopers Beach.

Bathroom: The current restroom building will be wrapped in pressed bamboo.

Discussion: The City has contracted Fuse Architects, Inc. to finalize the project design, incorporating refined architectural plans, including site layout, floor plans, framing plans, exterior elevations, and relevant construction details.

With the project now ready for construction, staff recommends Fuse Architects, Inc., a design-build firm, for construction of the project, given their intimate knowledge of the project and ability to adhere to the desired timeline for completing construction.

Construction involves additional design coordination work, necessitating amendments to the design contract.
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Item 8 F.

Fiscal Impact: The construction costs for this project total $199,325, summarized in the table below.

Item Name Total

0.00 - Mobilization $31,825.00

1.00 - Entry Arch $98,300.00

2.00 - Donor Walls $19,000.00

4.00 - Bathrooms Siding $30,000.00

5.00 - Supervision $20,200.00
Project Total $199,325.00
The Wharf Project currently has sufficient funds to cover these costs.

Attachments:

1. Approved Plan Set

2. Fuse Architects, Inc. Contract Amendment No. 1

3. Agreement Fuse Architects, Inc. for Construction of Capitola Wharf Improvements Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
150
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.9325
411 Capitola Ave.

Capitola CA 95010
fuse architects inc.

Project Name
Seal/Signature
5041 FERN FLAT RD.

APTOS, CA. 95003

GLADSTONE
ADU

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL

03.30.25 No. C-29550

04.30.25 512 Capitola Ave + Capitola + CA + 95010
a r c h i t e c t s + b u i l d e r s
SHEET
NUMBER
A0
A1.0
A1.1
A1.2
A1.3
A1.4
A1.5
A1.5
A1.5
A2
A3
A4

SHEET NAME

COVER SHEET

REVISED SCHEMATIC - WHARF ENTRY

WHARF ENTRY

DONOR PANEL LAYOUT

DRAWING INDEX

ARCHITECT /

APPLICANT
FUSE ARCHITECTS + BUILDERS
512 CAPITOLA AVENUE
CAPITOLA, CA 95010
C: DAN GOMEZ
T: (831) 479-9295
E:[email protected]
n
pacific ocean
Wharf C A P I T O L A W H A R F ENTRY GATE

CITY OF CAPITOLA CAPITOLA CALIFORNIA

SCHEMATIC DESIGN - CONCEPTUAL PLAN
MARCH 21, 2024
151
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.0
As Indicated
APN #: 123-456-78
Capitola Wharf

WHARF SITE PLAN - OVERALL
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
<E> ASPHALT
<E> WATER
<E> ROOFING @ BATHROOM

SITE PLAN
3'-0" 6'-0" 6'-0" 6'-0" 6'-0"
9'-0"
ENTRY
AREA
SECTION 01:

SEE ENLARGED PLAN / SHEET: A1.1
V.S. 01
SECTION 02:

SEE ENLARGED PLAN / SHEET: A1.2
SECTION 03:

SEE ENLARGED PLAN / SHEET: A1.3
BATHRM.

VIEWING
STATION 01
(TYPICAL)
V.S. 02
V.S. 03
SECTION 04:

SEE ENLARGED PLAN / SHEET: A1.4
SECTION 05:

SEE ENLARGED PLAN / SHEET: A1.5
SECTION 06:

SEE ENLARGED PLAN / SHEET: A1.6

VIEWING
STATION 02
(TYPICAL)

VIEWING
STATION 03
(TYPICAL)
V.S. 04
SECTION 07:

SEE ENLARGED PLAN / SHEET: A1.5

VIEWING
STATION 04
(TYPICAL)

KEYNOTES KEY NOTES
n
OVERALL WHARF SITE MAP / SECTION #01 THROUGH #03
OVERALL WHARF SITE MAP - SECTION: #04 THROUGH #06
OVERALL WHARF SITE MAP - SECTION: #07
152
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.1
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 01
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
24"
3'-0" 1'-0"
APPROX. 20'-0"
+/- 2'-0"
6'-0" 6'-0" 6'-0" 6'-0"
2'-0"2'-0"
2'-0"
3'-0"
30" APPROX. 16'-0" 30"
30"
9'-0"
LP 01 SLIDE OPEN

ARCHWAY TO SWING
OPEN LARGE EQUIP.

ACCESS

FOOTWASH / BOTTLE FILLER
BIKE LOOPS:
(COUNT: 10)

WOOD / COMPOSITE BENCHES -
APPROX. 40 BENCHES TOTAL -
LABELED: B1 THROUGH B40

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS
FISH LABELED: 1 THROUGH 40
TC 2
TC 1 B1 B2 B3 B4
1 5
2 4
3 1 2 3 4 5 6 7

CITY DEDICATION
PANELS
1 2

GATE PILLARS &

SLIDE AWAY GATE
(N) MOVEABLE TRASH CANS
COUNT: 10 CANS
(N) LAMP POSTS /
COUNT: 10 POSTS

BRONZE FISH INLAY

LEADING TO &

FROM VIEWING STATIONS
FISH LABELED: 1 THROUGH 40
FACE OF BENCHTO FACE OF RAIL, TYP.

BACK OF BENCH
TO CAR AISLE, TYP.

DASHED LINE & ARROW D

INDICATE CORRIDOR FOR CARS

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
2 SITE PLAN SECTION 01 1/4" = 1'-0"
ABBRIVIATION LEGEND:

KEYNOTES
n
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
153
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.2
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 02
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
5'-0" 6'-0"
3'-0"
6'-0"
24"
3'-0"
6'-0"
24"
MIN. 36"
8'-0" 6'-0"
APPROX.
2'-6"
6'-0"
6'-0"
9'-0"
30" 24"
V.S. 01
LP 02

VIEWING STATION

BINOCULARS, PERMANENTLY

MOUNTED TO THE WOOD DECK -
APPROX. (4) FOUR UNITS

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS

TRASH CAN & BENCHES

BOTH FIXTURES ARE

MOVEABLE DURING OFF SEASON

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS

FINAL LOCATIONS TO AVOID DIRECT CONTACT
WITH CAR TIRES / LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

DASHED LINE & ARROW INDICATE CORRIDOR FOR CARS
TC 3
2 B6
B5 B7
6 7
8 9
11 10
12 FUTURE EDUCATIONAL SIGNAGE, T.B.D.

VS: #01
TYP. RAIL HT: +42"

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40
TYP. RAIL HT: +42"
FACE OF BENCHTO FACE OF RAIL, TYP.

FACE OF BENCH
TO FACE OF RAIL, TYP.

DEPTH OFBENCH TYP.

BRONZE FISH INLAY

LEADING TO & FROM VIEWING

STATIONS
FACE
OF
BENCH
TO
FACE
OF
RAIL,
TYP.

TYP. RAIL HT: +42"
TYP. RAIL HT: +42"

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
1 SITE PLAN SECTION 02 1/4" = 1'-0"
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
154
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.3
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 03
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
3'-0"
6'-0"
24"
3'-0"
6'-0"
24"
8'-0" 6'-0"
6'-0"
36"
8'-0"
6'-0"
6'-0"
24" 30"
LP
0 3
LP
0 4
B8
B9
B10
B11
13 14
15 16
17 18
19 20
21 TYP. RAIL HT: +42"
TYP. RAIL HT: +42"

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10
TYP. RAIL HT: +42"
V.S. 02

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS
LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

FACE OF BENCH
TO FACE OF RAIL, TYP. DEPTH OF BENCH TYP.

FACE OF BENCHTO FACE OF RAIL, TYP.

TYP. RAIL HT: +42"

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS
LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40

FACE OF BENCH
TO FACE OF RAIL, TYP.

TYP. RAIL HT: +42"
MIN. 36" MIN. 36"
TC 4

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS
4 SITE PLAN SECTION 03 1/4" = 1'-0"
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
155
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.4
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 04
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
8'-0" 6'-0"
6'-0"
1'
MIN. 3'-0"
24"
5'-0"
3'-0"
3'-0"
3'-0"
3'-0"
TC 7
TC 5
TC 6
B12
B13
B14
B15
B16
B17
B18
22 21
24 23
24 25
V.S. 02

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40
TYP. RAIL HT: +42"

VIEWING STATION

BINOCULARS, PERMANENTLY

MOUNTED TO THE WOOD DECK -
APPROX. (4) FOUR UNITS

TRASH CAN & BENCHES

BOTH FIXTURES ARE

MOVEABLE DURING OFF SEASON
BENCHES ARE LABELED: 01-15
TRASH CANS ARE LABELED: 01-10

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS

FINAL LOCATIONS TO AVOID DIRECT CONTACT
WITH CAR TIRES / LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)
FUTURE EDUCATIONAL SIGNAGE, T.B.D.

TYP. RAIL HT: +42"

FACE OF BENCH
TO FACE OF RAIL, TYP.

TRASH CAN & BENCHES

BOTH FIXTURES ARE

MOVEABLE DURING OFF SEASON
BENCHES ARE LABELED: 01-15
TRASH CANS ARE LABELED: 01-10
VS: #02

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40

FACE OF BENCH
TO FACE OF RAIL, TYP.

FUTURE EDUCATIONAL SIG
MIN. 36"

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
156
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.5
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 05
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
3'-0"
5'-0" 6'-5"
6'-0"
24"
36"
36"
36"
36"
36"
LP
0 5
LP 10
TC 8
TC 9
B17
B18
B19
B20
B21 B22
B23 B24
B25
26 27 28
29 30
31 32

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS

BRONZE FISH INLAY

LEADING TO & FROM VIEWING STATIONS

FINAL LOCATIONS TO AVOID DIRECT CONTACT
WITH CAR TIRES / LABELED 1 THROUGH 40
(TOTAL OF 40 BRONZE FISH)

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10
VIEWING STATION V.S. 03

BINOCULARS, PERMANENTLY

MOUNTED TO THE WOOD DECK -
APPROX. (4) FOUR UNITS
FUTURE EDUCATIONAL SIGNAGE, T.B.D.

VS: #03

ALLIGN EDGE OF

BENCHES
INSTALL THE 4TH VIEWING

STATION IN THE CURRENT PHASE

BUT HOLDING OFF ON THE

BRONZE FISH (INDICATED BY

YELLOW DASHED LINE) UNTIL THE

FUTURE USES AND LAYOUT OF
BUILDINGS ARE DETERMINED. FISH

STAMPS TO BE PAINTED ON THE
WHARF DECK SURFACE IN INTERIM.
3'-0"

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS

DASHED LINE & ARROW

INDICATE CORRIDOR FOR CARS
n
ABBRIVIATION LEGEND:

KEYNOTES
<E> ASPHALT
<E> WATER
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
157
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.5
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 06
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
6'-0" 4'-6" 6'-0" +/- 63'-0" 6'-0" 4'-0" 6'-0" +/- 58'-0" 6'-0" 4'-0" 6'-0" 26'-0" 6'-0" 4'-6" 6'-0"
36"
36"
36"
36"
36"
36"
36"
36"
LP
0 6
B25 B26
B27 B28 B29 B30
B31 B32
33 32
34 35
36 37

BENCHES ARE MOVEABLE DURING OFF
SEASON / ALL NUMBERED #1 THROUGH #40
n
KEYNOTES ABBRIVIATION LEGEND:
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
158
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A1.5
As Indicated
APN #: 123-456-78
Capitola Wharf

ENLARGED WHARF SITE PLAN -
SECTION 07
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
+/- 7'-0" 16'-0" 6'-6"
6'-0" 4'-0" 6'-0" 36" 36"
36"

EQUAL DISTANCE EQUAL DISTANCE
36"
36"
36"
EQ. DIST. EQ. DIST.

TC 1 THROUGH TC 10
LIGHT POLES (x10) (LED)
LABELED: LP 01 THROUGH LP 10
& BENCHES LABELED: B1 THROUGH B40

STAIRS TO LOWER PLATFORM
PER ENG. PLANS
TC 10
B33 B34
B35
B37
B36
B3
8 B39
B40
38 39
40 VS: #04
PT: #01 PT: #02
PT: #03 PT: #04
FISH CLEANING ST.

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10

LIGHT POLES (LED) MOUNTED
TO WOOD DECK - COUNT: 10 POSTS
LABELED LP 01 - LP 10
CENTER

FUTURE EDUCATIONAL
SIGNAGE, T.B.D.

VIEWING STATION

BINOCULARS,

PERMANENTLY

MOUNTED TO THE
WOOD DECK - APPROX.
(4) FOUR UNITS

BENCHES ARE

MOVEABLE

PT #00 - (N) PICNIC TABLE W/ LOCATION NUMBER

SITE PLAN
n
KEYNOTES ABBRIVIATION LEGEND:
<N> WOOD DECKING
<E> ROOFING @ BATHROOM

SITE PLAN
<N> CAR DRIVE PATH
159
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A2
As Indicated
APN #: 123-456-78
Capitola Wharf

REVISED SCHEMATIC - WHARF
ENTRY
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
4 REV01 3 1:0.66

PAINTED STAINLESS STEEL FLUTED STONE MOSIAC / GLASS TILE 160
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A3
As Indicated
APN #: 123-456-78
Capitola Wharf

WHARF ENTRY
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

PAINTED STAINLESS STEEL ARCH &

HARDWARE
MOSIAC
AREA
(+/-)11sf

FLUTED STONE

SLIDE GATE

BATHROOM
MOSIAC
AREA
(+/-)11sf

PAINTED STAINLESS STEEL

VERTICAL BAR GATE
1 ENTRY WHARF 1/2" = 1'-0"
MATERIALS:
3D IMAGE TO ILLUSTRATE DESIGN INTENT 3D IMAGE TO ILLUSTRATE DESIGN INTENT - PILLAR DETAIL

PAINTED STAINLESS STEEL

FLUTED STONE
161
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A4
As Indicated
APN #: 123-456-78
Capitola Wharf

DONOR PANEL LAYOUT
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
14'-6"
+42" A.F.F.
5" 3'-1/2"
2'-0"
1"
2'-0" 2'-0"
1" 1"
2'-0" 2'-0" 31'-0"
1" 1"
2'-0"
1"
2'-0"
LOCATION / OPTION 02:
2' WIDE x 3' TALL DONOR PANELS &

MOSIAC ART PANELS
4" 3'-0"
2'-0" 4" 2'-0" 2'-0"
CITY PANELS:
2' WIDE x 3' TALL
1 OPTION 2B - DONOR PANEL LAYOUT 1/2" = 1'-0"

CITY DEDICATION PANELS
162
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A5
As Indicated
APN #: 123-456-78
Capitola Wharf

PHOTO RENDERINGS
4/29/2024 3:23 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25
OPTION 2B ENTRANCE VIEWS
163
Item 8 F.

GSPublisherVersion 228.64.85.5

ED SNECI L

ARCHI TECT

F C O E T A T S

A L I FO R N I A
No. C-29000

RENEWAL
DATE

DANIEL GOMEZ

04.30.19 fuse
Tel 831.479.9295
Fax 831.479.932
411 Capitola Ave.

APTOS, CA. 95003

GLADSTONE
ADU
A0.0

COVER SHEET
APN #: 10540115

GLADSTONE ADU

OPTIONAL PAGE, PLACE APPROVED CONCEPT SKETCHES HERE (NOT A REQUIRED SHEET FOR PERMIT) # Issue Date
Issue
Description
1 1 dd/mm/y
y

BUILDING

SUBMITTAL
A6
As Indicated
APN #: 123-456-78
Capitola Wharf

BATHROOM
4/29/2024 3:24 PM

PLANNING

SUBMITTAL
03/07/2024

PLANNING

RE-SUBMITTAL
1 03/21/2024

CAPITOLA
WHARF
1400 Wharf Rd -Capitola
CA, 95010

NOT FOR
CONSTRUCTION 04.30.25

CLAD THE BATHROOM IN COMPOSITE WOOD PRESERVING ALL STAINLESS STEEL 164
Item 8 F.
1ST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH FUSE ARCHITECTS, INC. FOR CAPITOLA

WHARF ENHANCEMENT PROJECT FINAL DESIGN
between
CITY OF CAPITOLA AND FUSE ARCHITECTS, INC.

The City of Capitola and Boone Low Ratliff Architects, Inc., hereby agree to the following Amendment(s) to the Contract dated May 29, 2024:
1) Increase the budget amount by $23,100 for architectural oversight during construction
All other terms and conditions of the Professional Services Agreement remain in full force and effect.

CONTRACTOR: FUSE ARCHITECTS, INC.
__________________________________ Date: ___________________ By:

CITY OF CAPITOLA
___________________________________ Date: ___________________ By: Benjamin Goldstein, City Manager
165
Item 8 F.

CITY OF CAPITOLA (OWNER)
420 Capitola Avenue, Capitola, CA 95010

CONTRACT
Capitola Wharf Improvements, DATE: June 13, 2024
City of Capitola Contract - 1

1. Identification of Contractor.

CONTRACTOR: Fuse Architects, Inc
LICENSE NO: 991296

2. Scope of The Work. See Scope of Work attached as Appendix A.

3. Schedule of Performance for the Work. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within 90 calendar days of Commencement Date.

Final Completion Date: Within 30 calendar days of Substantial Completion.

3.01 Liquidated Damage Amounts.

4. Terms and Conditions.

4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

Agreement number must appear on all invoices and correspondence.

Send invoices in duplicate immediately upon performance of Work ordered hereon to:

City of Capitola
420 Capitola Avenue
Capitola, CA 95010
CITY OF CAPITOLA:

By: _______________________________________
Jamie Goldstein, City Manager
ATTEST:

By: ___________________________________
Julia Gautho, City Clerk
APPROVED AS TO FORM:

City of Capitola Contract - 2
Appendix A to Contract

SCOPE OF WORK
Item Name Total

0.00 - Mobilization
Mobilization $30,150.00
Insurance $1,675.00

0.00 - Mobilization $31,825.00

1.00 - Entry Arch $98,300.00

2.00 - Donor Walls
Donor Panels & City Panels $11,000.00
City Panels $8,000.00

2.00 - Donor Walls $19,000.00

4.00 - Bathrooms

4.00 - Bathrooms Siding $30,000.00

5.00 - Supervision

1.01 - Construction P.M. $7,000.00

1.03 - Superintendent $13,200.00

5.00 - Supervision $20,200.00
Project Total $199,325.00
(End of Appendix A)
167
Item 8 F.

Appendix B to Contract

GENERAL CONDITIONS
City of Capitola Contract - 3
ARTICLE 1 TERMS OF PERFORMANCE

ARTICLE 2 LEGAL AND MISCELLANEOUS

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

City of Capitola Contract 4
based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Capitola, California.

2.09 Mandatory Contractor and Subcontractor Registration.

2.11 Construction Performance Bond; Construction Labor
and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

Contractor may not substitute cash in lieu of the required bond(s).

2.14 Claims.

City of Capitola Contract 5
submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

2.14,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

Appendix C to Contract

INSURANCE
City of Capitola Contract - 6

6. Insurance policies in this Appendix C shall contain an endorsement containing the following terms:

6.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

6.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to City of Capitola thirty (30) days in advance of the effective date thereof.

Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND
City of Capitola Contract - 7
KNOW ALL PERSONS BY THESE PRESENTS:

2. (Describe Agreement Work)
.

3. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

7. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

9. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

10. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

11. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands
this _________ day of ________________, 20___.

Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
City of Capitola Contract - 8
KNOW ALL PERSONS BY THESE PRESENTS:

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.

City of Capitola Contract - 9
Appendix F to Contract

APPRENTICESHIP PROGRAM AND SKILLED AND TRAINED WORKFORCE REQUIREMENTS ARTICLE 1 COMPLIANCE REQUIRED

ARTICLE 2 CERTIFICATION OF APPROVAL

ARTICLE 3 FUND CONTRIBUTIONS

ARTICLE 4 APPRENTICESHIP STANDARDS

ARTICLE 5 APPRENTICESHIP STANDARDS

ARTICLE 6 SKILLED AND TRAINED WORKFORCE REQUIREMENTS

6.02 “Skilled Journeyperson” means a worker who either:
174
Item 8 F.