Agenda packet — Capitola City Council, July 25, 2024

REVISED 7/25/2024 2:30 PM
City of Capitola
City Council Meeting Agenda
Thursday, July 25, 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) Agency Designated Representatives: Mayor Kristen Brown
Unrepresented Employee: City Attorney
ii. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Negotiator: Chloe Woodmansee, Assistant to the City Manager Employee Organizations: Police Captains
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. Report from United Way on use of City of Capitola Community Grant Funding

4. Report on Closed Session

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

A. Item 9C - Correspondence Received
B. Item 9E - Correspondence Received
1 City Council Meeting Agenda – July 25, 2024
City of Capitola Page 2

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 June 27, 2024.

B. City Check Registers
Recommended Action: Approve check registers dated June 21, 2024, June 28, 2024, and July 12, 2024.

C. Opioid Settlement Funding
Recommended Action: Authorize the City to participate in the National Opioid Settlement with The Kroger Company (“Kroger”) and release all claims against Kroger in exchange for a portion of the settlement funds that will flow to the City through the State of California; authorize the City Manager and City Attorney to sign all relevant documents related to joining the settlement and executing the release of claims; and authorize the allocation of funding to the County of Santa Cruz pursuant to the City’s previously adopted Memorandum of Understanding.

D. Community Center Renovation Project
Recommended Action: Approve the plans, specifications, and construction estimate for the Capitola Community Center Renovation Project; and authorize the Public Works Department to advertise for construction bids.

E. Memorandum of Understanding with Police Captains Employee Group Recommended Action: 1) Authorize the City Manager to execute a successor agreement to the existing Memorandum of Understanding with negotiated changes for the Police Captain employee group; and 2) adopt a resolution approving the updated salary schedule, effective July 21, 2024.

F. Real Property Exchange Between the City and Soquel Union Elementary School District Recommended Action: Adopt a resolution approving an Agreement for Exchange of Real Property (“Exchange Agreement”) by and between the City of Capitola and the Soquel Union Elementary School District, governing the transfer of a portion of Monterey Avenue Park, comprising approximately 3,736 square feet, in exchange for a portion of New Brighton Middle School, comprising approximately 3,886; and approve the Exchange Agreement as categorically 2 City Council Meeting Agenda – July 25, 2024
City of Capitola Page 3
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guideline §15312.

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. Youth Liaison Program
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with United Way Santa Cruz County for the City of Capitola’s participation in the Santa Cruz County Youth Liaison Program; and nominate two Council Members to serve as mentors to selected Youth Liaison participants.

B. Police Chief Recruitment Process
Recommended Action: Approve the Police Chief internal recruitment process and designate up to two City Council Members to serve on the interview panel.

C. Dogs at City Parks and Capitola Beach
Recommended Action: Receive a presentation on current dog regulations at City Parks and City Beaches and either a) take no further action, or b) identify potential changes to dog regulations and direct staff to return at a noticed future City Council meeting.

D. Ballot Argument in Favor and Rebuttal for November 2024 Measure Recommended Action: Adopt a resolution adopting the argument in favor of the City’s Transactions and Use Tax Measure placed on the ballot by Resolution No. 4385, releasing the right to draft the rebuttal argument in favor of the City’s Transactions and Use Tax Measure to identified individuals, and amending Section 6 of Resolution No. 4385 regarding the deadline for submission of arguments for and against the City’s Transactions and Use Tax Measure.

E. Ordinance Amending Capitola Municipal Code Section 2.04.275 Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Section 2.04.274 to adjust Council Member compensation to provide an adjusted salary of $950.00 per month for members of the City Council, to be effective upon the start of new terms of office following the November 2024 General Municipal Election; as recommended by the Capitola Finance Advisory Committee.

F. City Council Appointments to City Advisory Bodies
Recommended Action: Appoint members of the public and a youth ex-officio member to the City of Capitola Historical Museum Board and appoint a youth ex-officio member to the Finance Advisory Committee.

10. Adjournment - The next regularly scheduled City Council meeting is on August 22, 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:
3 City Council Meeting Agenda – July 25, 2024
City of Capitola Page 4
Spectrum Cable Television channel 8
City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:

Meeting
link: https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09 Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799 Meeting ID: 833 2817 3113
Meeting Passcode: 678550
How to Provide Comments to the City Council
Members of the public may provide public comments to the City Council in-person during the meeting.

If you are unable to attend in-person, please email your comments to [email protected] and they will be included as a part of the record for the meeting. Please be aware that the City Council will not accept comments via Zoom.

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 by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Youth Action
Network
Formalizing Youth Voice - City Liaison
Presented by: Malena Ronga, Community Impact Coordinator 5 Item 3 A.

ABOUT YAN
United Way’s Santa Cruz County Youth Action Network (YAN) is a countywide collaborative of youth and adults working together to promote youth well-being by connecting young people to
resources and opportunities to create positive community change and elevating youth voices in decision-making.

Children and Youth Bill of Rights
Leadership Opportunities
Career Building
Access to Mentors
Offering Stipends
6 Item 3 A.

ROLE OF JURISDICTIONAL REPS
Jurisdictional Representatives
Relationships between adult decision-makers and youth leaders increased this year with the introduction of Jurisdictional Representatives. YAN facilitates Meet and Greets with youth and adult decision makers that foster connections, leading to collaboration on the Leaders Unite 4 Youth workshop.

Capitola City: Yvette Brooks
Allan Timms
Councilmember
Scotts Valley
Yvette Brooks
Councilmember
Capitola City
Gloria Carroll
Child Welfare Director of
Santa Cruz County
Shebreh Kalantari- Johnson
Councilmember
Santa Cruz City
Nick Merolla
City of Watsonville Parks
and Community Services
7 Item 3 A.

WORKSHOPS ON POLICY

AND DECISION-MAKING
LEADERS UNITE 4 YOUTH

FEEDBACK
The March 23rd Leaders Unite 4 Youth workshop engaged 18 youth & 12 adult leaders Youth learned about policy-making at a city, county, & statewide level Young people were also able to pre-register to vote
Youth shared an increase in connections with adult leaders & understanding of decision-making processes
Youth expressed interest in the Children & Youth Bill of Rights, particularly in employment opportunities & developing leadership skills
Youth indicated that they wanted to have more experiences like this 8 Item 3 A.

Formalizing Youth Voice
A youth liaison ensures that the City upholds the Children and Youth Bill of Rights by:

Offering youth leadership opportunities
Providing compensation for youth’s time
Fostering mentorship
Building community
YAN’S ROLE IN CONVERSATION
Through YAN's networking opportunities, Capitola passed the Children and Youth Bill of Rights formalizing a youth liaison position
YAN connects decision-makers directly with youth leaders, ensuring their voices influence decisions
9 Item 3 A.
@yan_santacruzcounty
www.sccyan.org
QUESTIONS?
Malena Ronga
Community Impact Intern
United Way of Santa Cruz County
[email protected]
@YAN Santa Cruz County
Lilly Galvan
Community Impact Intern
United Way of Santa Cruz County
lgalvan@@unitedwaysc.org
10 Item 3 A.
1 Gautho, Julia
From: Kevin Maguire <[email protected]>
Sent: Friday, July 19, 2024 5:02 PM
To: City Council
Subject: Public Comment for 7/25/24 Line Item #9 section C Dogs at City Parks and Capitola Beaches
As someone who used to have 201 reasons not to get a dog! We actually got a family dog 3 years ago. The joy, connection, adventures she brings us, and pretty much everyone that meets her is amazing.

A lot of dogs need room to run and get their wiggles out. I am in favor and believe having some established hours can help people co-exist in our parks and beaches.

The amount of dogs in the neighborhood has grown exponentially. And we need to adjust to that.

You the City have has "Implied contract" by at one point placing Doggy waste bags in Cortez Park.

And you have installed a Doggy Drinking fountain. That is implied consent as well.

By establishing hours for parks and the beach, and rules to be mindful of other people and allow Well behaved dogs to be able to play and run. that benefits the whole community.

There are times of days that the beach is empty, and "allowed" on leash or off leash out of site use.

I live at 838 Monterey Ave, Capitola, CA 95010 where there is a Stop Sign on Monterey and Kennedy. 999 out of 1000 vehicles do not stop every night between 4pm - 8pm. Everynight. We have laws that are not enforced, but offices harass and ticket people for having dogs off-leash in Monterey Park.

With this great dog community, there is a lot of people helping out, watching out, and policing ourselves to be good neighbors and good dog owners. Help to clean up after others. Even on-leash dogs do their business, and bad owners are rare but are there.

Lets establish some morning and evening hours. Maybe to the Right side of Capitola Wharf as well as a Safe space.

Thank you
Kevin Maguire
11 Item 5 A.
1 Gautho, Julia
From: Richard Lippi <[email protected]>
Sent: Friday, July 19, 2024 6:03 PM
To: City Council
Subject: Item 9.C. Dogs at City Parks scheduled for Thursday, July 25, 2024 Attachments: PVT DOG sign at Parks.jpg
Dear City Council Members,
I live adjacent to Monterey Ave Park and since the start of the pandemic in 2020 I have witnessed a glaring, growing and disturbing disobedience of the rules and ordinances established by the City of Capitola regarding dogs at public parks---and dog barking. I refer you to the following 2 excerpts from the City website.

Dogs shall be permitted on leash in the following parks: Monterey Avenue Park, Noble Gulch Park, Perry Park, Soquel Creek Park, Jade Street Park (except for lawn and tennis court areas), and Esplanade Park (except for lawn areas).

Dogs are permitted off-leash at the Ozzi Dog Park at the McGregor Multiuse Park.

9.12.010 Noise prohibited.

A. It is unlawful for any person, firm or corporation to make, or permit to be made, any loud, boisterous, irritating, penetrating or unusual noise, or to keep, harbor or maintain, or to permit the keeping, harboring or maintaining of any barking or howling dogs.

Attached to this email is a sample of proposed text for signs to be posted prominently at all City Parks to help curb the misuse of City Parks by dog handlers. This signage could 1) reduce the risk of uncontrolled dog attacks, 2) avoid dogs dropping poops that their handlers do not see, and 3) help to restore the peace and tranquility to neighbors bordering the City Parks and allow bordering neighbors their right to quiet enjoyment of their homes.

Please feel free to contact me if you wish any further information.

Thank you for your consideration,
Richard Lippi
620 Monterey Ave, Capitola
12 Item 5 A.
13 Item 5 A.
1 Gautho, Julia
From: Mick <[email protected]>
Sent: Friday, July 19, 2024 8:00 PM
To: City Council
Cc: Goldstein, Jamie ([email protected])
Subject: Item 9c
Mayor and Council Members,
Once again, the issue of allowing dogs on the beach has arisen.

Let me remind the Council, this issue has been before previous City Councils numerous Ɵmes in the past. Each Ɵme, the Council members had the common sense and foresight to keep the ban in place. Why? Because Capitola Beach is too small and too crowded to allow dogs - leashed or unleashed! Allowing dogs on our small beach is just inviƟng problems. 4th of July weekend there were at least 800+ people on the beach each day, maybe more, all in close proximity because the beach is small. If only 1/10 of those people brought a dog, there would be 80+ dogs on our small beach.

The city is now so lax in keeping the beach clean and siŌing the sand, it will become unsanitary with dog poop and pee percolaƟng into the sand. Even picking up dog poop in the sand leaves some behind unless you require everyone to carry a shovel, and not everyone picks up aŌer their dog.

Please put this idea to rest as previous Councils have done. The dog ban is in place for many good reasons. Nothing has changed to eliminate the ban. In fact, the reasons for the ban are even more profound today because Capitola Beach is more crowded than ever. BE AS WISE AS PREVIOUS COUNCILS - KEEP THE BAN!!! Mick Routh
Sent from my iPhone
14 Item 5 A.
1 Gautho, Julia
From: Dave Montgomery <[email protected]>
Sent: Friday, July 19, 2024 4:11 PM
To: City Council
Cc: Dave Montgomery
Subject: [PDF] City Council meeting 7/25: Agenda item 9C - Dogs at City Parks and Capitola Beach
Attachments: Cupertino Dog Off Leash Area Administrative Policy.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Council,
I would like the City Council to consider a 60 day pilot program to allow dogs to be off leash in Monterey park for “One Hour Before Sunset”. In short,
 One hour before sunset, dogs will be allowed off leash in Monterey Park  Dog owners are required to take full responsibility for their dogs (i.e. cleaning up after them, ensuring they’re well behaved, etc.)
There is ample precedent for “Dogs Off Leash Area” both locally (Ocean Street Park in Santa Cruz) and in Santa Clara County (Jollyman Park in Cupertino). Attached at the end of this email are examples of the signage used (Santa Cruz) and the regulations (Cupertino).

Over the last 3-4 years, a strong neighborhood/community group has developed - literally brought together due to our love of dogs. We have become a large group of friends - bringing meals to those recovering from surgery/illness and assisting as needed with some of life’s more taxing activities.

Some of you may recall that, starting around in July 2022, I pursued this idea with the City Council, culminating in a proposal to the Council in March 2023. The idea was well received but (as sometimes happens) evolved into a much larger undertaking - resulting in a proposal for a large, fenced off area in the park created by Jessica Kahn’s Public Works team. This proposal would have been in conflict with the plans for the expansion of the playing fields for New Brighton Middle School (as presented in detail to the City Council earlier this year).

Please give this your serious consideration. Thank you.

Best Regards,
Dave Montgomery
1128 Sills Court #1
Capitola, CA 95010
15 Item 5 A.
2 Attachments:

Cupertino Policy
Ocean View Park Signage
16 Item 5 A.

Revised October 12, 2021
Dog Off Leash Area (DOLA) Administrative Policy
Purpose
The purpose of this policy is to outline DOLA rules and regulate the use of the ongoing DOLA program at Jollyman Park.

Hours
Seven days a week
One hour before sunset to one hour after sunset
Incidents and Injuries
If there is an emergency, please immediately call 9-1-1 Violation of posted rules and regulations can be reported to o
o Code Enforcement (408) 777-3128 or
o Non-emergency Sheriff (408) 299-2311
Report dog bites/incidents immediately to
o San Jose Animal Care and Services (408) 794-7297
DOLA Rules
-leash use during designated hours, including:

Dogs must have current licenses and vaccinations [C.M.C. 8.03.050] o
o Collar must be on the dog
All dogs must be on leash at all times except when in the designated DOLA during permitted times [C.M.C. 13.04.130]
Respect other park users
o Stop bothersome behavior immediately
o Owners are responsible for proper disposal of trash [C.M.C. 13.04.140] Owners must be in control of their dogs at all times
o Dogs with known history of dangerous behavior are not allowed o Leaving dogs unsupervised is prohibited
Cleaning up after your dog is mandatory
Consumption of food and the use of glass containers not allowed during DOLA hours Dogs in heat are not allowed
No puppies less than four months of age allowed
Owners must provide their own drinking bowls
Owners must stop their dogs from digging and fill any holes caused by their dogs Owners are legally responsible and liable for the action of their dogs and injuries, or damage caused by their dogs. The City of Cupertino assumes no liability for the users of the DOLA. 17 Item 5 A.

Revised October 12, 2021
Field Closures
Fields may be closed to avoid turf damage due to inclement weather or field saturation. Fields may be closed for field maintenance. Call the field hotline at 408-777-3566 or check @cupertinofields on Twitter to determine whether the fields are open or closed.

Violations - Cupertino Municipal Code [C.M.C. 1.12.010] A. It is unlawful for any person to perform any act that is prohibited, made, or declared to be unlawful or an offense by the code, or to violate any provision or fail to comply with any of the requirements of this code. A violation of any provision or failing to comply with any of the mandatory requirements of the code shall constitute a misdemeanor, except where the violation is specifically declared to be an infraction.

B. Notwithstanding the above, any violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and prosecuted as an infraction.

C. When a violation of a provision of this code which otherwise constitutes an infraction continues to occur and the violator has been charged with a violation of the same provision as an infraction on at least four separate occasions and within one year has forfeited bail on each such occasion, in that event, the City Attorney, in his or her discretion, may charge a violation of any such provision as a misdemeanor.

D. Unless otherwise specified by this code, an infraction is punishable by:
a. A fine not to exceed $100 for the first violation of a code provision. b. A fine not to exceed $200 for a second violation of the same code provision within one year; and
c. A fine not to exceed $500 for each subsequent violation of the same code provision within one year.

E. Unless otherwise specified by this code, a misdemeanor is punishable by a fine not to exceed $1,000, imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

F. Notwithstanding the foregoing and unless otherwise specified by this code, a code violation of § 8.01.030, Animals Running at Large, § 8.01.030, Public Nuisance, § 8.03.010, Restraint of Dogs, § 13.04.130D, Behavior of Persons in Parks, and § 13.04.130P, Feeding Waterfowl Prohibited, shall be subject to a maximum fine as follows:
a. Fifty dollars for the first violation of a code provision. b. One hundred dollars for the second violation of the same code provision within one year; and c. Two hundred dollars for each subsequent violation of the same code provision within one year.
(Ord. 20-2203, § 5, 2020; Ord. 12-2101, § 1 (part), 2013; Ord. 09-2043, 2009; Ord. 1886, (part), 2001; Ord. 1697, (part), 1995; Ord. 1497, § 1, 1989; Ord. 1179, § 1, passed 1982; Ord. 854, (part), 1978; Ord. 829, (part), 1977; Ord. 692, § 1, 1975; Ord. 500, § 1, 1971) Violations that necessitate calls to the Santa Clara County Sheriff or San Jose Animal Care and Services will be held to their laws and appropriate rules or policies.

Noticing of Changes to Policy
Changes made to the DOLA Administrative Policy will be noticed via the city website at least two weeks prior to implementation.
18 Item 5 A.
1 Gautho, Julia
From: Judi Grunstra <[email protected]>
Sent: Sunday, July 21, 2024 8:54 AM
To: City Council
Subject: Dog laws
Please do not loosen restricƟons on dogs on beaches or in parks. Thank you.

Judith Grunstra, Santa Cruz resident
19 Item 5 A.
1 Gautho, Julia
From: Melody Derenia <[email protected]>
Sent: Monday, July 22, 2024 2:22 PM
To: City Council
Subject: Dogs
City Council members
Could you please consider opening up more parks for dogs, and the Capitola beach. Maybe, in the later hours of the day.

There are many families that have a dog or dogs, that would love to be able to take them more places.

It would bring in more tourism, because people that have dogs, love to bring them on vacation with them.

It would be a great opportunity.

Many people with pets go to Monterey and Carmel, because they are allowed most places.

Thank you for your consideration.

Melody Derenia
20 Item 5 A.
1 Gautho, Julia
From: Lisa Steingrube <[email protected]>
Sent: Monday, July 22, 2024 8:32 PM
To: City Council
Subject: Dogs at Monterey Park
Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Council members,
Thank you for considering a 60 day pilot program for running our dogs off leash at Monterey Park. As other correspondence has indicated there is a precedent set for this at Ocean Street Park in Santa Cruz.

Our dogs are well behaved and look forward to seeing their buddies as much as possible, in the same way we do—building friendships among the dog owners. We are only asking for a short time period of time each day so we can gather and watch our pups frolic and play together. We all are diligent about cleaning up after dogs as well as other dogs that have used the park before or after we meet. My husband and I live across the street from the park and our little guy, Teddy, watches from the window everyday waiting for his buddies to come. Thank you for your time.

Lisa and Dan Steingrube
`Lisa Steingrube
701 Monterey Ave, Capitola
831 332-7920
21 Item 5 A.
1 Gautho, Julia
From: Mary Craig Caruthers <[email protected]> Sent: Tuesday, July 23, 2024 1:25 PM
To: City Council
Subject: Comments for City Council Meeting 7/25/24
Attachments: IMG_1149.jpg; IMG_1150.jpg
To the Capitola City Council Members:

My husband and I live on Depot Hill and we walk down to the beach almost every day. We have been concerned for years about the free-roaming dogs on the beach, despite signage stating they are not allowed. Our two young grandchildren play on that beach, and we are worried that they will contract some disease from the filth of the animals. By the way, we are dog lovers and have owned many; it's their presence on the beach that's inappropriate.

One of the issues I see is that the code is never enforced. Why not come to the beach with your dog if no one cares? Only once in the last few years have we seen a police officer speaking with the owner of a free-running dog. We thanked him. But since that single time, there has never been any kind of patrolling.

In the past, I have contacted different department heads in Capitola City Government, and the response has consistently been: "We'll look into it." I have asked that more prominent signs be placed at eye level so that there is no chance that a dog owner can plead innocence for not seeing the rules. The current signs are readable for a person who is about 9 or ten feet tall and has perfect vision.

The Aptos Farmers' Market has sandwich board signs that are clear and readable. I'm attaching two photos for your reference.

Thanks to each of you for your commitment to our community and all the work you do on our behalf.

Mary Caruthers
22 Item 5 A.
23 Item 5 A.
24 Item 5 A.
1 Gautho, Julia
From: Jo-Neal Graves <[email protected]>
Sent: Tuesday, July 23, 2024 9:33 PM
To: City Council
Subject: Making Capitola More Dog Friendly
To the Capitola City Council,
Please let it be known that I have been a county property tax payer since 1978 and had my home at 4675 Emerald Street in Capitola 30 years this coming October. As much as I love children (I was a teacher for more than 30 years)I was never blessed with my own...so my dog is my girl and she has a lot of energy! It would be such a blessing if I didn't have to get in my car and drive her somewhere to run free off leash(especially considering the traffic just to get there and back). I'm disappointed that in the plan for redoing Jade Street park a dog run of some sort was not included. Yes, I know that there is a dog park in Capitola but I must drive my dog there and it's not at all a nice space in my opinion. I took her there a few times but it always seemed cold, damp and in the shade. I am a responsible pet owner. My dog is in voice command and is interested in chasing her ball and playing with me...period.

Please try to have some compassion for those of us who are responsible pet owners by helping to make Capitola more dog friendly.

Best regards,
Ms. Jo-Neal Graves
4675 Emerald Street
Capitola,Ca 95010
831.345.9052
--
Artist and Art Educator
http://jo-nealboic.com/
"It is only with the heart that one can see rightly; what is essential is invisible to the eye." Antoine de SaintExupery 25 Item 5 A.
1 Gautho, Julia
From: Kathy Macdonald <[email protected]>
Sent: Wednesday, July 24, 2024 1:15 PM
To: City Council
Cc: Dave Montgomery; Kathy Macdonald
Subject: Agenda Item for Meeting 7/25/24: Proposed One Hour Off-leash period at Monterey Ave. park
Dear Members of the City Council,
I am writing in support of a 60-day pilot program for one hour each day of off-leash dog play at Monterey Avenue Park. Ideally, the appointed hour could be designated from 4:00 pm - 5:00 pm during winter (once the clocks change for Daylight Savings Time) and set forward in the spring to a later hour, such as 5:30 - 6:30 pm (again, corresponding with the time we change our clocks for Daylight Savings Time).

The reasons for our request for a daily one-hour off-leash period are many, but let me summarize my own reasons for this simple request below:

1. Monterey Avenue Park is very convenient for many of us in the community to walk to with our dogs, and if we need to drive, parking in the lot is easy.

2. I do not have human children who use the park for playful activities, but I have a furry four-legged "child" who loves to play and run. I would like to use our "community park" to have a brief, one-hour period of fun with my dog and let her play and run around with her dog buddies.

3. Dogs LOVE to run after balls or play chase with each other on grassy fields, like Monterey Ave. Park.

If anyone suggests those of us with dogs should use the "dog park" located off the frontage road adjacent to the skate park, it is not conducive to dog play, and the sound of the skateboards scares some dogs. Similar to the "dog park" in Aptos, it is covered in bark and many dogs do not want to play or run around in it. "Dog Parks' are also widely known for having dog fights, because many people don't pay any attention to their dogs when they are there.

Compared to a "dog park", our group is very interactive with our dogs and proactive about asking newcomers if their dogs are friendly -- as we have a friendly dog group, so we do not want any dog fights. Most people who have aggressive dogs know to keep them on a leash, and when we see people walking their dogs on leash around the track we respectfully call our dogs in from playing to leash them up so they do not try to meet or play with the leashed dog.

4. The friendships that have formed at Monterey Avenue Park when our dogs are playing with each other give us a real sense of community. Many of us are single, retired, and living alone, and this one hour a day is a highlight for many of us. Watching everyone's dog run to greet each other (as well as the humans!) is such a joy! Even the dogs that are lap dogs, and don't want to run after balls or each other will run across the field to be happily greeted by the dogs and the people! We even have a lead singer of a band who sings unique songs for some of the little dogs (pugs and french bulldog) as they run to our group! We all chime in to the song to welcome the dogs! 26 Item 5 A.
2 5. Our small dog community that has formed is very special. We have doctors, nurses, physical therapists, contractors, musicians, retired engineers, professors and teachers. When anyone in our group has a surgery or is ill, we look after each other and create meal trains to deliver food, and also walk his/her dog. It is a wonderful group of people that would never have met unless through our dogs playing together at the park! It brings the dogs and the people joy to be together at the park! It provides a time and place to not only allow our dogs to play with other friendly dogs, but we often have interesting conversations on a variety of topics! Several of us get together now for dinners and birthdays -- we have true friendships because of meeting through our dogs playing at Monterey Avenue Park!

6. Our group is VERY RESPONSIBLE and engaged with our dogs while there. We point out when someone's dog is pooping, or we go pick up that dog's poop as well. We stay off to the back end of the park in case there are people using the baseball diamond. Our dogs are happy to just run after their balls and after each other in that back area of the park.

Asking for just ONE HOUR a day to allow off-leash dog play time seems incredibly reasonable to me, and I hope you agree. We only use a small portion of the back area of the park, far from the baseball area.

Thank you for considering our request.

Sincerely,
Kathleen Macdonald
cell: (650) 269-1113
27 Item 5 A.
1 Gautho, Julia
From: Scott Carson <[email protected]>
Sent: Wednesday, July 24, 2024 3:28 PM
To: City Council
Subject: Park Regulations for Dogs
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Capitola City Council,
I am writing to you because I understand you are reviewing the park regulations for dogs in the City of Capitola and I want to provide my feedback for your consideration. The park of most interest to me is Cortez/Hidden Park, as I and my family have lived adjacent to this park for the past 30 years. I would like you to know that I fully support the current regulation which does not allow on- or off-leash dogs in this park. This regulation was wisely reconfirmed by a previous Capitola City Council after careful consideration of community feedback and a police department review, both of which supported the restriction. One topic that came up at the time was that even though dogs were already not allowed in the park there had been many dog complaints and it was difficult for the police department to provide oversight because the park is hidden from street view. Significantly, the same conditions that existed then in the park still apply today.

Foremost, the park is small and its features (swings, play structure, lawn area) were designed for and are primarily used by small children. In addition, the lawn area is often used by children up to young teens for such activities as soccer, Frisbee, football, etc.

Because the park is so small, under even the best of circumstances, there is simply not enough room for adequate separation of these children and their activities from any dogs in the park. Unfortunately, this space and use problem is often exacerbated because, based on my observations, nearly all dog owners that inappropriately still bring their dogs to this park "hidden" park do so to let them off leash. This results in interactions that are unplanned and sometimes upsetting to children and other times a safety hazard to children.

In addition, I have observed that the off-leash dogs are often poorly supervised and wander the lawn and shrubbery areas where they sometimes do their business without the owners doing any cleanup.

Unwittingly, I personally have stepped on the resulting dog poop a number of times, and I know the Parks Dept. personnel have sometimes been frustrated by this same problem. This is especially problematic because these are the same lawn and shrubbery areas where children often play. Another problem that frequently occurs when dogs are brought to the park is that they often disturb the park users and neighbors by barking or by aggravating the dogs in adjacent back yards, causing them to bark.

Because the priority for this park should be safe and undisturbed play for children and because unfortunately most dog owners seem to want to take advantage of the hidden 28 Item 5 A.
2 nature of this park by letting their dogs off leash, I believe it is in the best interests of the majority of park users and the community to continue to not allow dogs on- or off-leash in this park. Thank you for considering my comments.

Sincerely,
Scott Carson
Columbus Drive
Capitola
29 Item 5 A.
1 Gautho, Julia
From: Josie Melo <[email protected]>
Sent: Wednesday, July 24, 2024 9:05 PM
To: City Council
Subject: Pilot Program for Dogs Off Leash
Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Council,
My husband and I have come to know many of our wonderful Capitola neighbors through meeting at Monterey Park in the evenings while walking our dog. We have had the opportunity to get to know each other and have our dogs run, fetch balls and play. The socialization aspect for all the pet owners is a wonderful way to be connected with others in our local community. We all stay to the back of the park, clean up after our dogs and leash them when there are other dogs on leash are walking with their owners. It is very rare that our dogs bark and the noise from their play is minimal.

These local neighbors with dogs including myself are predominantly Senior Citizens who have come to support each other's through life's events, providing meals when one is hospitalized, going through treatment or Physical Therapy and provide dog walking services for each other.

We don't meet for more than one hour each day, yet have been reprimanded by the local official Public Officer who demands that the dogs be on leash at all times and has said he will cite us with a $500 Fee if our dogs are off leash. I have not seen any signs at the park regarding citations that can be incurred.

I would like the City Council to consider a 60-day pilot program where our dogs can be off leash for Only One Hour daily.

One hour 4:00 - 5:00pm in the Fall/Winter until Daylight Savings time One hour 5:30 - 6:30pm in the Spring/ Summer until Daylight Savings time Note: We can be flexible with the time and typically do not attend when there are events such as Summer Food Truck Fridays and scheduled School Baseball or Soccer Practices and Games played on the field at the park.

In Capitola there is only one-Off Leash dog park — Ozzi Dog Park at McGregor Park at 1560 McGregor Drive
We have driven our dog here and he gets the ground cover stuck in his paws and does not like to run here. It is also dirty, dusty and hot, not a pet or people friendly place for us to visit. This park is not walkable (or unsafe to walk) with no sidewalk once you cross Park Ave. This park also does not have ample parking for our group of friends with dogs. 30 Item 5 A.
2 It would be great to have the request of the local dog owners recognized. Please take into consideration a 60-Day Pilot Program for Dogs Off Leash at the back of Monterey Park.

Thanks in advance for your sincere consideration,
Joe and Josie Melo
821 Monterey Ave.

Capitola, CA 95010
31 Item 5 A.
1 Gautho, Julia
From: [email protected]
Sent: Thursday, July 25, 2024 9:02 AM
To: City Council
Subject: Proposed removal of dog leash requirement on Capitola Beach Follow Up Flag: Follow up
Flag Status: Flagged
Capitola City Council
Capitola, California
RE: Dog Leash Removal on Capitola Beach Proposal
Dear Capitola City Council,
Simply stated, I believe the existing dog leash law should remain as is ..

You will create such a long list of issues …
a) The city will be accepting – by default – the liability of any dog bites or dog fights b) The increased issue of dog excrement on the beach
c) The concern of parents and/or older people of dogs running freely on the beach d) When issues arise relating to removing the dog leash requirement, you ( the City ) have defined no procedures or policies to address these situations
Overall, I believe the city will receive a negative response – and lower attendance – at the Capitola beach and village area.

In summary, the leash law we have now works – why mess with it? 32 Item 5 A.
2 Sincerely,
Mary Beth Cahalen
33 Item 5 A.
1 Gautho, Julia
From: Leslie Nielsen <[email protected]>
Sent: Thursday, July 25, 2024 2:20 PM
To: City Council
Subject: Dogs and Salaries
Dear Capitola City Council,
I am unable to attend the meeting tonight and have a few comments; Item 9C- Please do not change the code banning dogs from the beach. It is too small. Sadly, dog owners are inconsistent and the risk of conflict, unwanted behavior and noise, mess, accidents etc. is high.

The City has been limited in ability to respond to complaints to date, so adding any new rules to make this possible will simply layer on allowing out of compliance behavior.

If the city did add layers of "rules" that were enforced - eg. $500 fine for off leash, it could be a revenue opportunity, however, I question if this is the place to put our resources.

Item 9E - City Council Salary - I support increases for City Staff AND City Council, all of whom work very hard and tirelessly for our community. I believe Staff salaries are contingent on passage of the tax measure in Nov. Council actions should be as well.

Approving a 44% increase for the Council before a tax increase vote on the ballot in November does not match revenue and expense changes and does not demonstrate fiscal responsibility.

Please consider postponing until after November and possibly phasing in such an increase as we work through stabilizing the budget.

Regards,
Leslie Nielsen
34 Item 5 A.
1 Gautho, Julia
From: Wyatt, Rosie
Sent: Thursday, July 25, 2024 2:47 PM
To: Gautho, Julia
Subject: FW: Form submission from: Contact Us
From: Capitola CA via Capitola CA <[email protected]> Sent: Thursday, July 25, 2024 2:45 PM
To: Wyatt, Rosie <[email protected]>
Subject: Form submission from: Contact Us
Submitted on Thursday, July 25, 2024 - 2:44pm
Submitted by anonymous user: 97.86.128.54
Submitted values are:

CONTACT INFORMATION
Full Name Charlotte Morrison
Email [email protected]
Phone Number 8312394159
Question/Comment
Dear Members of the Capitola City Council,
I'm writing to you in advance of tonight's topic: "Dogs and Capitola Parks." I fully support a 60-day pilot program to allow dogs off-leash for one hour at sunset at Monterey Park.

Currently, the *only* off-leash dog park in the area is Ozzie Park on McGregor. That's a fine park; however, it is not safe to walk there. More than once, my dog and I have encountered broken bottles on the side of the road that has forced us out into the street to avoid. That's extremely dangerous. There is only so much parking there and I've often visited when there is none to be found. It's compounded by the fact that there is no close "overflow" parking available.

My husband and I have a 2-year-old chocolate Lab named Molly Brown. Some of you may even know her.; she visits the Village frequently. We exercise her a lot, but as any of you know who have ever raised a young dog know, she has a lot of energy. She would love to be able to play off-leash with her doggie friends at Monterey Park for an hour or so and we would love to be able to take her there. It's very walkable from where we live. Currently this is not allowed and it's frustrating to see other communities have safe, walkable, off-leash hours/areas for dogs while Capitola has nothing.

Please consider a 60-day pilot program to let us have this one hour of off-leash time. We will make sure we are diligent about not allowing the dogs to venture over to New Brighton Middle School grounds and we will be diligent in picking up after our dogs and policing one another to make sure that happens. 35 Item 5 A.
2 Thank you,
Charlotte Morrison
300 Plum St. SPC 19
Capitola, CA. 95010
The results of this submission may be viewed at:
https://www.cityofcapitola.org/node/7/submission/33207
36 Item 5 A.
1 Gautho, Julia
From: Teresa Maguire <[email protected]>
Sent: Thursday, July 25, 2024 3:00 PM
To: City Council
Subject: City Council 43% pay raise!? And Dogs in parks and beaches I know the dollar amount from $660 to $950 doesn't see big, but the percentage is big, and this is before another measure to raise taxes goes into effect.

We appreciate all the council does for the city, and that is a labor of love. Just like my child care business. If i raised it by 43% that would be insane! And I already have had a hard time raising rates and trying to keep this affordable for families. Inflation rose a lot, some of the food, snacks, activities cost 43- 80% more. And I might be able to raise my rates by 3-4% if I am lucky.

I am opposed to this big of a jump, as well as another jump happening. And a big jump for City of Capitola Parks and Recreation Director, but no other employees?
As a new dog owner, the benefits of having a puppy, what my dog means to the children i my daycare, the LOVE and Joy she brings. Has totally changed my perception on dogs, and access for them.

I dont know if it is because I am a puppy parent now, but I notice a lot more dog people out for walks and trying to enjoy our community.

We need to open up access, and accommodations. Stop turning Capitola into a Police State where people will call if they see a dog in a park. A Park that the city provides bags and drinking fountains.

Our police and resources are limited, and there is a lot of bigger issues they should focus on. Fix this by changing the ordinance to allow dogs, off-lease dogs, access and low usage times.

There is a great dog community, that was so helpful with tips on how to train my dog, and type of food, and dealing with issues. We also make sure people are being good dog owners and we step up to help out, keep Capitola Clean.
--
God Bless,
Teresa L. Maguire
Owner / Director

CAPITOLA CHILD CARE
83l-247-8925
37 Item 5 A.
1 Gautho, Julia
From: Wyatt, Rosie
Sent: Thursday, July 25, 2024 3:23 PM
To: Gautho, Julia
Subject: FW: Form submission from: Contact Us
From: Capitola CA via Capitola CA <[email protected]> Sent: Thursday, July 25, 2024 3:20 PM
To: Wyatt, Rosie <[email protected]>
Subject: Form submission from: Contact Us
Submitted on Thursday, July 25, 2024 - 3:20pm
Submitted by anonymous user: 97.86.128.54
Submitted values are:

CONTACT INFORMATION
Full Name Kevin Bransfield
Email [email protected]
Phone Number 831-239-4312
Question/Comment
I'm writing about the suggested pilot program to make Monterey Park an off leash area for an hour every evening. I am lucky to live near Monterey Park. It's wonderful to have the park so close because I have a condition called Ankylosing Spondylitis that causes my spinal cord to fuse. This makes it difficult to drive or walk long distances to other parks. Having a time when I can run my dog off leash allows her to get her exercise and socialize with other dogs. It's difficult for me to give her enough exercise when she can't play freely with other dogs. She's a friendly happy dog and her playtime in the park is a big part of that equation. I feel that our small group of dog owners who meet in Monterey Park are very respectful of others in the park and also respectful of the park itself.

When I talk to dog owners from other towns they tell me about all the options available for them to bring their dogs together to play and I'm surprised that Capitola isn't one of those towns. A quick search shows that Monterey, Carmel and Santa Cruz are listed as dog friendly towns in California. Let's put Capitola on the map.

The results of this submission may be viewed at:
https://www.cityofcapitola.org/node/7/submission/33208
38 Item 5 A.
1 Gautho, Julia
From: Jaynie Loeb <[email protected]>
Sent: Thursday, July 25, 2024 7:22 PM
To: City Council
Subject: Support for off-leash dog park pilot program in Capitola Dear city council members,
I’m writing to express my support for the pilot program to allow dogs off-leash during designated hours at Monterey Park and Noble Gulch in Capitola. This will foster community engagement and support the health of our local dogs. There are plenty of great examples of successful and safe off leash dog parks, such as Fort Funston in San Francisco, so I encourage the council to solicit best practices from the city of San Francisco.

If the pilot programs at Monterey Park and/or Noble Gulch are successful, I would encourage expansion to other parks. I live in the Jewel Box and see a great need for off leash dog opportunities at Jade Street Park. On occasion, we take our dog Indie to Jade Street Park for necessary exercise and will allow her to play off leash if no sports activities are going on.

Many thanks for your time and consideration!
~Jaynie Loeb-Prieto
39 Item 5 A.
2 40
Item 5 A.
3 41
Item 5 A.
42 Item 5 A.
1 Gautho, Julia
From: Gerry Jensen <[email protected]>
Sent: Wednesday, July 24, 2024 6:46 AM
To: City Council
Cc: Gautho, Julia
Subject: Opposition to item 9E of the Council packet dated 7/25/2024 Dear Mayor Brown and Council Members,
I am writing to express my opposition to the recommended action for Item 9E on the agenda for Thursday, July 25, 2024. If passed, this item would increase City Council compensation from $660 to $950 per month.

I appreciate the intent behind raising the pay for City Council members, as it will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent, and I believe raising public service compensation is an important step toward achieving equitable outcomes. However, the spirit of equity should apply across the board through the equitable treatment of employees and council members.

My opposition is based on the process, which differs from the approach used for city employees.

Specifically, a salary survey should be conducted of relevant jurisdictions, and any increase should be contingent on the passage of the sales tax expansion slated for the November ballot. Without these factors for equitable treatment, a 43.93% increase is inappropriate.

Please also note that if this item is approved, the City Council's compensation rate will have increased by 58.3% over the last five years. I’m very concerned about the message this would send to the city's valued employees. See the chart below for reference.

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

Thank you very much for considering my concerns.

Gerry Jensen
43 Item 5 B.

Dear Mayor Brown and Council Members,
I am writing to express my opposition to the recommended action for Item 9E on the agenda for Thursday, July 25, 2024. If passed, this item would increase City Council compensation from $660 to $950 per month.

My opposition is based on the process, which differs from the approach used for city employees.

Specifically, a salary survey should be conducted of relevant jurisdictions, and any increase should be contingent on the passage of the sales tax expansion slated for the November ballot.

Without these factors for equitable treatment, a 43.93% increase is inappropriate.

Thank you very much for considering my concerns.

Gerry Jensen
44 Item 5 B.
1 Gautho, Julia
From: Gayle Ortiz <[email protected]>
Sent: Wednesday, July 24, 2024 8:43 AM
To: City Council
Subject: Council raise
Dear Council,
Regarding your proposed raise. May I suggest you give yourself raises more gradually. This much at once seems excessive. Especially given you are asking the voters to approve a sales tax measure on the November ballot.

Thank you,
Gayle OrƟz
45 Item 5 B.
1 Gautho, Julia
From: [email protected]
Sent: Thursday, July 25, 2024 9:00 AM
To: City Council
Subject: Opposition to proprosed Capitola City Council pay raise Follow Up Flag: Follow up
Flag Status: Flagged
Capitola City Council
Capitola, California
RE: Proposed Pay Raise for Capitola City Council
Dear Capitola City Council,
During these tough economic times and tight economy, the fact that the City Council is considering a pay raise – especially such a significant pay raise – shows an indifference to the challenges being faced by the employees and citizens of Capitola.

In light of the fact the City is putting a new tax on the November ballot, I believe the City Council is sending the wrong message to the citizens and voters in Capitola, as well as city employees.

I believe the City Council should ask themselves the question “ How will the citizens / voters view the proposed tax on the ballot in November – in light of such a significant pay raise? “
I can assure you .. the City Council members will not be looked on favorably by taking such actions.

Therefore, I strongly oppose the City Council giving themselves a pay raise – at this time.

Sincerely,
Mary Beth Cahalen
46 Item 5 B.
1 Gautho, Julia
From: Leslie Nielsen <[email protected]>
Sent: Thursday, July 25, 2024 2:20 PM
To: City Council
Subject: Dogs and Salaries
Dear Capitola City Council,
I am unable to attend the meeting tonight and have a few comments; Item 9C- Please do not change the code banning dogs from the beach. It is too small. Sadly, dog owners are inconsistent and the risk of conflict, unwanted behavior and noise, mess, accidents etc. is high.

The City has been limited in ability to respond to complaints to date, so adding any new rules to make this possible will simply layer on allowing out of compliance behavior.

If the city did add layers of "rules" that were enforced - eg. $500 fine for off leash, it could be a revenue opportunity, however, I question if this is the place to put our resources.

Approving a 44% increase for the Council before a tax increase vote on the ballot in November does not match revenue and expense changes and does not demonstrate fiscal responsibility.

Please consider postponing until after November and possibly phasing in such an increase as we work through stabilizing the budget.

Regards,
Leslie Nielsen
47 Item 5 B.
1 Gautho, Julia
From: Teresa Maguire <[email protected]>
Sent: Thursday, July 25, 2024 3:00 PM
To: City Council
Subject: City Council 43% pay raise!? And Dogs in parks and beaches I know the dollar amount from $660 to $950 doesn't see big, but the percentage is big, and this is before another measure to raise taxes goes into effect.

I dont know if it is because I am a puppy parent now, but I notice a lot more dog people out for walks and trying to enjoy our community.

We need to open up access, and accommodations. Stop turning Capitola into a Police State where people will call if they see a dog in a park. A Park that the city provides bags and drinking fountains.

Our police and resources are limited, and there is a lot of bigger issues they should focus on. Fix this by changing the ordinance to allow dogs, off-lease dogs, access and low usage times.

CAPITOLA CHILD CARE
83l-247-8925
48 Item 5 B.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on June 27, 2024.

Background: Attached for City Council review and approval are the draft minutes from the regular meeting on June 27, 2024.

Attachments:

1. Regular Meeting Minutes 6/27
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
49 Item 8 A.

City of Capitola
City Council Meeting Minutes
Thursday, June 27, 2024 – 5:00 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 – 4 PM
i. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Negotiator: Mark Wilson, Labor and Employment Practice, Burke, Williams, & Sorensen, LLP; Samantha Zutler, City Attorney
Employee Organizations: Mid-Management Employees, Police Captains, Management, and City Manager
ii. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code §54957(b)) City Council’s Performance Evaluation of the City Attorney Regular Meeting of the Capitola City Council – 5 PM

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 5:00 PM. In attendance: Council Members Clarke, Morgan, Vice Mayor Brooks, and Mayor Brown. Absent:

Council Member Pedersen.

2. Additions and Deletions to the Agenda – None

3. Presentations
A. Mayor Brown presented a Proclamation honoring July 2024 as Park and Recreation Month.

4. Report on Closed Session – The City Council met and discussed two items on the Closed Session agenda. No reportable action was taken.

5. Additional Materials
A. Item 9A – Five applications for the Finance Advisory Committee & one email was received.

B. Item 9B – Two emails were received.

6. Oral Communications by Members of the Public
 Goran Klepic
 Marilyn Garrett

7. Staff / City Council Comments
 City Manager Goldstein shared an update on Consent Item 8C and shared a public service announcement to elected and appointed officials about the City’s email spam filter.  City Attorney Zutler provided an update on the CBRT Ballot Measure struck down by the California Supreme Court.
 Vice Mayor Brooks advised the public on programming from Central Coast Community Energy. 50 Item 8 A.

City Council Meeting Minutes – June 27, 2024
City of Capitola Page 2
 Council Member Clarke thanked Save the Wave for their efforts to include Capitola into the World Surfing Reserve.
 Mayor Brown requested that the City review parental leave provisions for elected officials.

8. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approved minutes from the regular meeting on June 13, 2024.

B. City Check Registers
Recommended Action: Approved check registers dated May 31, 2024, and June 14, 2024.

C. Opal Cliffs School Lease Agreement
Recommended Action: Authorized the City Manager to enter a lease agreement with the Soquel Union Elementary School District for classroom space at Opal Cliffs School beginning on July 1, 2024.

D. Afterschool Scholarship & Equity Swim Donation
Recommended Action: Accepted a donation of $20,000 for Afterschool Rec Club participant scholarships and $16,000 for the Equity Swim Program from the Soquel Union Elementary School District and authorized the City Manager, or his designee, to execute a Memorandum of Understanding between the City of Capitola and the Soquel Union Elementary School District.

E. Santa Cruz World Surfing Reserve
Recommended Action: Adopted Resolution No. 4383 to incorporate Capitola into the Santa Cruz World Surfing Reserve.

F. Wharf Grand Opening Special Event Permit
Recommended Action: Approved a new single-day Major Special Event Permit on September 25, 2024, for the Capitola Wharf Grand Opening and Ribbon Cutting.

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

Absent: Council Member Pedersen

9. General Government / Public Hearings
A. City Council Appointments to City Advisory Bodies
Recommended Action: Appoint members of the public to the City of Capitola Finance Advisory Committee.

City Clerk Gautho presented the staff report.

Public Comments:
 Anthony Guajardo
 Keith Cahalen
 Matt Arthur
Motion to appoint Anthony Guajardo and Matt Arthur to terms expiring on December 31, 2024: Vice Mayor Brooks
Second: Council Member Morgan
Voting Yea: Council Members Clarke, Morgan, Vice Mayor Brooks, Mayor Brown

Absent: Council Member Pedersen
B. 2024 General Municipal Election
51 Item 8 A.

City Council Meeting Minutes – June 27, 2024
City of Capitola Page 3
Recommended Action: 1) Adopted Resolution No. 4384 ordering the 2024 General Municipal Election, requesting the Santa Cruz County Department of Elections conduct the election, and requesting consolidation of the General Municipal Election in the City of Capitola on Tuesday, November 5, 2024; and
2) Adopted Resolution No. 4385 submitting a ballot measure to Capitola voters to increase the City’s transactions and use tax through December 31, 2034 at the General Municipal Election to be held on Tuesday, November 5, 2024, requesting consolidation by the Santa Cruz County Board of Supervisors of the election regarding said measure with the Statewide General Election to be held on the same date and that Santa Cruz County provide election services with full reimbursement by the City of Capitola, directing the City Attorney to prepare an impartial analysis, authorizing the City Council to appoint two City Council Members to an ad hoc subcommittee to submit an argument supporting the Measure, and releasing the rebuttal argument.

City Clerk Gautho presented the staff report for general election actions.

Public Comments: None
Motion to adopt Resolution No. 4384: Council Member Morgan Second: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Vice Mayor Brooks, Mayor Brown

Absent: Council Member Pedersen
City Clerk Gautho and City Manager Goldstein presented the staff report for the proposed sales tax measure.

Public Comments: None
The City Council requested that staff look into the feasibility of creating a Resolution of Intent to address potential uses for sales tax measure revenues.

Motion to adopt Resolution No. 4385 with changes as recommended by the City Attorney; appointed Council Member Clarke and Vice Mayor Brooks to the subcommittee; and bring back an argument for City Council approval on July 25th: Vice Mayor Brooks Second: Council Member Morgan
Voting Yea: Council Members Clarke, Morgan, Vice Mayor Brooks, Mayor Brown

Absent: Council Member Pedersen
C. VDUBlicious Car Show
Recommended Action: Approve or deny a request for a new Major Special Event Permit from the VDUBlicious Car Club requesting to host a car show in the Capitola Village on August 10, 2024, from 7:00 am to 5:00 pm.

Police Captain Ryan presented the staff report.

Public Comments:
 Lance Lubarsky
 Matt Arthur
 Mary Beth Cahalen
 Anthony Guajardo
The City Council requested that the applicant work with the Police Department to find another date and requested that staff work with special event applicants to recoup parking revenue loss.
52 Item 8 A.

City Council Meeting Minutes – June 27, 2024
City of Capitola Page 4
D. Cliff Drive Resiliency Project
Recommended Action: Received a progress report on the Cliff Drive Resiliency Project and provide feedback on design alternatives.

Public Works Director Kahn presented the staff report.

Public Comments: None
The City Council identified the Cliff Drive Resiliency Project as a high priority project.

E. Memorandum of Understanding with the Mid-Management Employee Group and Management and City Manager Compensation Plans
Recommended Action: Authorized the City Manager to: 1) Execute a successor agreement to the existing Memorandum of Understanding with negotiated changes for the Mid-Management Employee Group, subject to technical corrections and 2) Execute a successor agreement to the existing Management Compensation Plan; and Authorized the Mayor to execute the Eighth Amendment to the City Manager Employment Agreement.

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

Public Comments: None
Motion to authorize the City Manager to execute MOU with Mid-Management and Management Compensation Plan, and authorize Mayor to execute amendment to the City Manager’s employment agreement: Council Member Morgan
Second: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Vice Mayor Brooks, Mayor Brown

Absent: Council Member Pedersen
F. Fiscal Year 2024-2025 Budget and Capital Improvement Program Recommended Action: 1) Adopted Resolution No. 4386 adopting the Fiscal Year 2024-25 City Budget and Capital Improvement Program; and 2) adopted Resolution No. 4387 adopting the associated Salary Schedule and new job descriptions.

Finance Director Malberg presented the staff report.

Motion to adopt Resolution Nos. 4386 and 4387: Council Member Morgan Second: Vice Mayor Brooks
Voting Yea: Council Members Clarke, Morgan, Vice Mayor Brooks, Mayor Brown

Absent: Council Member Pedersen

10. Adjournment – The meeting was adjourned at 6:46 PM. The next regularly scheduled City Council meeting is on July 25, 2024 at 6:00 PM.
____________________________
ATTEST: Kristen Brown, Mayor
____________________________
Julia Gautho, City Clerk
53 Item 8 A.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve check registers dated June 21, 2024, June 28, 2024, and July 12, 2024.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
06/21/2024 106513 106556 50 $ 266,297.01
06/28/2024 106557 106623 71 $ 373,571.72
07/12/2024 106624 106711 95 $ 2,016,147.68
The main account check register dated June 14, 2024, ended with check #106512.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
06/21/2024 5864 5865 2 $ 4,187.99
06/28/2024 25368 25516 149 $ 263,289.83
07/12/2024 5866 5866 157 $ 277,140.36
The payroll account check register dated June 14, 2024, ended with check #5863.

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

Check/
EFT Issued to Dept Description Amount
106519 Axon Enterprise PD Fleet Dash Cameras $ 26,932.01 106539 Pacific Gas & Electric PW Monthly Utilities $ 20,475.80 106542 Pinnacle Scopes PW Binoculars for Wharf $ 28,339.00 1732 CalPERS Member
Services Division CM PERS Contributions PPE 6/8/24 $ 64,850.02 1733 Employment Development
Department CM State Taxes PPE 6/8/24 $ 11,149.38
1734 Internal Revenue Service CM Federal Taxes & Medicare PPE 6/8/24 $ 38,517.88
106560 Bear Electrical Solutions PW Capitola Road Project Post & APS Upgrades $ 37,150.00
106562 Betz Works Inc PW Park at Rispin Mansion Project Services $ 105,000.00
106566 Burke Williams and
Sorensen LLP CM May Legal Services $ 57,220.38
54 Item 8 B.
106568 Chavan & Associates LLP Fin City Audit Services $ 16,800.00 106572 Community Arts &
Empowerment PW Capitola Wharf Mosaics $ 20,406.00
106578 CSW Struber Stroeh
Engineering Group PW Cliff Drive Resiliency Project Services $ 15,595.25 106597 Kimley Horn and
Associates PW Park Ave Traffic Calming Project Services $ 10,277.50 106616 Santa Cruz County Animal
Shelter PD Quarterly Animal Services Contribution $ 10,505.00 1741 Wells Fargo Bank Fin May Credit Card Charges $ 14,366.13 106632 American Steel Carports
Inc PW Temporary Wharf Buildings $ 17,551.16
106638 Boone Low Ratliff
Architects PW Jade St Community Center Design Services $ 23,701.36 106639 CALE America Inc PD CALE Active Meters Services $ 71,388.71 106645 Cresco Equipment Rentals PW Beach Grading Equipment Rental $ 12,470.25
106647 Cushman Contracting
Group Escrow PW May Wharf Project Retainer $ 32,464.17
106648 Cushman Contracting
Corporation PW May Wharf Resiliency and Public Access Project Services $ 616,674.39 106655 Fuse Architects Inc PW CWEP Final Construction
Designs $ 52,619.40
106667 Kimley Horn and
Associates Inc PW Bay Ave / Hill St Intersection Analysis Services $ 11,985.90 106676 MBASIA CM FY24-25 Insurance Premiums $ 539,110.79 106681 Novo Solutions Inc PW Work Order Management
Software $ 10,950.00
106692 Santa Cruz Regional 911 PD FY24/25 First Quarter Operating Contribution $ 187,033.70
106701 The Ed Jones Company PD CPD Badges $ 15,368.65
106705 US Bank Fin Pac Cove Facility Lease $ 79,728.64
1743 CalPERS Health Insurance CM July Health Insurance $ 75,944.66 1744 CalPERS Member
Services Division CM PERS Contributions PPE 6/22/24 $ 66,073.28 1745 Employment Development
Department CM State Taxes PPE 6/22/24 $ 13,764.51
1746 Internal Revenue Service CM Federal Taxes & Medicare PPE 6/22/24 $ 48,937.60
Attachments:

1. 06-21-24 Check Register

2. 06-28-24 Check Register

3. 07-12-24 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
55 Item 8 B.
56 Item 8 B.
57 Item 8 B.
58 Item 8 B.
59 Item 8 B.
60 Item 8 B.
61 Item 8 B.
62 Item 8 B.
63 Item 8 B.
64 Item 8 B.
65 Item 8 B.
66 Item 8 B.
67 Item 8 B.
68 Item 8 B.
69 Item 8 B.
70 Item 8 B.
71 Item 8 B.
72 Item 8 B.
73 Item 8 B.
74 Item 8 B.
75 Item 8 B.
76 Item 8 B.
77 Item 8 B.
78 Item 8 B.
79 Item 8 B.
80 Item 8 B.
81 Item 8 B.
82 Item 8 B.
83 Item 8 B.
84 Item 8 B.
85 Item 8 B.
86 Item 8 B.
87 Item 8 B.
4886-3747-6305 v1
Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: Opioid Settlement Funding
Recommended Action: Authorize the City to participate in the National Opioid Settlement with The Kroger Company (“Kroger”) and release all claims against Kroger in exchange for a portion of the settlement funds that will flow to the City through the State of California; authorize the City Manager and City Attorney to sign all relevant documents related to joining the settlement and executing the release of claims; and authorize the allocation of funding to the County of Santa Cruz pursuant to the City’s previously adopted Memorandum of Understanding.

Background: States and cities across the United States previously brought litigation against the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, and McKesson (the “Distributors”), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) (“Janssen”), which has resulted in a settlement agreement. On February 24, 2022, the City Council voted to participate in a settlement of National Opioid Settlements with distributors and manufacturers of opioid painkillers. In addition, the City agreed to assign opioid settlement funds to the County of Santa Cruz as the more appropriate agency to provide programs to address the opioid crisis which programs were a requirement of the settlement. In March 2024, a new proposed national opioids settlement was reached between the plaintiffs and Kroger Co (“Kroger”), resulting in a proposed settlement of $1.2 billion dollars. Like the previous National Opioid Settlements, local entities need to release all claims against Kroger and agree to use the funds on opioid remediation to receive settlement funds. City Council authorization is requested to opt into the Kroger Settlement. Any funds received will be covered by the assignment agreement with the County of Santa Cruz.

Discussion: The national opioid crisis has been well-documented over the last decade as communities have struggled to address its devastating impacts. The crisis has spurned litigation against opioid manufacturers and distributors alleging that they falsely marketed and unlawfully promoted and dispensed opioids in ways that the industry knew to be dangerous, addictive, and prone to abuse.

Recently, a new $1.2 billion settlement was announced with Kroger, one of the opioid retailers that was sued by many of the government plaintiffs. Under this settlement, the State of California will receive a maximum amount of roughly $122 million over the next eleven years. These funds will be split between the State and local subdivisions who participate in the settlement, based on the same metrics that were used to split the monies in the earlier settlement (15% to the State, 70% to the Abatement Fund, and 15% to Litigating Local Entities). The City is eligible to participate in the Kroger settlement and receive funds if it agrees to release all claims against Kroger and spend any funds it receives the same way it is spending other opioid settlement funds.

Because the total amount of settlement funds depends on the amount of local subdivision participation and other metrics identified in the settlement documents, it is difficult to determine with precision how much money the City will be allocated from this settlement.

The City had previously entered into a Memorandum of Understanding (MOU) with the County of Santa Cruz to utilize the opioid settlement agreement funding. The County has formed a steering committee to meet with cities to discuss the use of funding to best meet the needs of the community. Staff recommends allocating any funding awarded through the Kroger settlement agreement to the previously adopted MOU. 88 Item 8 C.
4886-3747-6305 v1
Staff recommends that the City Council authorize the City to join this settlement and release any opioidrelated claims it could otherwise file against Kroger in exchange for these funds. In addition, the funds received will be transferred to the County in accordance with the previously executed assignment agreement. The County will join the funds with the other opioid remediation funds it is currently expending.

Similar to the other national opioid settlements, the documents for the Kroger settlement constitute hundreds of pages and are extremely complicated. The documents are available for review at www.nationalopioidsettlement.com by navigating down from the Kroger button that appears at the top of the home page. For purposes of efficiency, and similar to the procedure used with regard to the previous settlements, staff requests that the City authorize the City Manager and City Attorney to sign all documents required to effectuate the City's release of claims and inclusion in the Kroger settlement.

Fiscal Impact: By joining the Kroger settlement, the City is eligible to receive some percentage of the funds ultimately provided to California over the next eleven years and devoted to opioid crisis remediation efforts. Pursuant to the existing MOU with Santa Cruz County, the City will allocate those funds to regional efforts to remediate the opioid crisis.

Report Prepared By: Jamie Goldstein, City Manager
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
89 Item 8 C.

Subdivision Name, Subdivision State
Rubris Reference Number: Subdivision Crosslink ID
TO LOCAL POLITICAL SUBDIVISIONS:

THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT
A NEW NATIONAL OPIOID SETTLEMENT.

KROGER CO. SETTLEMENT OVERVIEW
A proposed nationwide settlement agreement (“Settlement”) has been reached that would resolve the legal claims of states and local political subdivisions against regional supermarket pharmacy Kroger Co. related to alleged misconduct related to opioids.

The Settlement requires Kroger Co. to pay over a billion dollars to abate the opioid epidemic. Of this amount, approximately $1.2 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions, the Settlement requires payments over eleven years after its effective date.

The Settlement also contains injunctive relief governing opioid dispensing practices and requires Kroger Co. to implement safeguards to prevent diversion of prescription opioids.

The proposed settlement has two key participation steps.

First, each eligible state decides whether to participate in each Settlement. A list of participating states for each settlement can be found at https://nationalopioidsettlement.com.

Second, eligible subdivisions within each participating state decide whether to participate in the Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions. Any subdivision that does not participate cannot directly share in any of the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. If the state does not participate, the subdivisions in that state are not eligible to participate in the Settlement.

WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION ADMINISTRATOR? The Settlement provides that an Implementation Administrator will provide notice and manage the collection of participation forms. Rubris Inc. is the Implementation Administrator for this new Settlement and was also retained for the prior national opioid settlements.

WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in the Settlement, and therefore your subdivision may participate in that Settlement. This notice is also sent directly to counsel for such subdivisions if the Implementation Administrator has their information. 90 Item 8 C.

If you are represented by an attorney with respect to opioid claims, please contact them.

Subdivisions can participate in the Settlement whether or not they filed a lawsuit or are represented.

WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement, including each settlement agreement, may be found at:
https://nationalopioidsettlement.com. This website also includes information about how the Settlement are being implemented in most states and how funds will be allocated within your state.

You are encouraged to review the settlement agreement terms and discuss the terms and benefits with your counsel, your Attorney General’s Office, and other contacts within your state.

Information and documents regarding the Settlement and your state allocation can be found on the settlement website at https://nationalopioidsettlement.com.

Your subdivision will need to decide whether to participate in the proposed Settlement, and subdivisions are encouraged to work through this process before the August 12, 2024, deadline.

HOW DO YOU PARTICIPATE IN THE SETTLEMENTS?
The Settlement requires that you take affirmative steps to “opt in” to the Settlement.

In the next few weeks, you will receive documentation and instructions from the Implementation Administrator or, in some cases, your Attorney General’s Office. In order to participate in a settlement, a subdivision must sign and return the required Participation Form.

Please add the following email addresses to your “safe” list so emails do not go to spam / junk folders: [email protected] and [email protected]. Please monitor your email for the Participation Form and instructions.

All required documentation must be signed and returned on or before August 12, 2024. 91 Item 8 C.

New National Opioids Settlement: Kroger
Opioids Implementation Administrator
[email protected]
Capitola city, CA
Reference Number: CL-789826
TO LOCAL POLITICAL SUBDIVISIONS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.

Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”) has been reached with Kroger (“Settling Defendant”). This Participation Package is a follow-up communication to the Notice of National Opioids Settlement recently received electronically by your subdivision.

You are receiving this Participation Package because California is participating in the Kroger settlement.

This electronic envelope contains three attachments:
 The Participation Form for the Kroger settlement, including a release of any claims;
 California State Subdivision Agreement for Kroger; and  Side-letter agreement between California and Kroger
The Participation Form and California State-Subdivision Agreement must be executed, without alteration, and submitted on or before August 12, 2024, in order for your subdivision to be considered for initial participation calculations and payment eligibility.

The side-letter agreement between California and Kroger modifies, as it applies to California, one injunctive relief term contained in Exhibit P, Section IX(5)(1) of the Kroger National Settlement Agreement.

Based upon subdivision participation forms received on or before August 12, 2024, the subdivision participation rate will be used to determine whether participation is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.

Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state.

DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 92 Item 8 C.

Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.

You are encouraged to discuss the terms and benefits of the New National Opioids Settlement with your city attorney/county counsel, outside counsel representing your city/county on opioid matters, the Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for this new settlement the same as they did for the prior opioids settlements with McKesson, Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva, Allergan, CVS, Walgreens, and Walmart but states may choose to treat this settlement differently.

Information and documents regarding the New National Opioids Settlement and how it is being implemented in your state and how funds will be allocated within your state can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s website at https://oag.ca.gov/opioids. This website will be supplemented as additional documents are created. Please also refer to the Side-Letter Agreement with Kroger, which modifies the Kroger National Opioid Settlement’s injunctive relief within the State of California.

How to return signed forms:

There are three methods for returning the executed Participation Form, the California-State Subdivision Agreement (“Subdivision Agreement”), and any supporting documentation to the Implementation Administrator:
(1) Electronic Signature via DocuSign: Executing the Participation Form and the Subdivision Agreement electronically through DocuSign will return the signed form to the Implementation Administrator and associate your form with your subdivision’s records. Electronic signature is the most efficient method for returning the Participation Form and the Subdivision Agreement, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged. (2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields and note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement. As with electronic signature, returning a manually signed Participation Form and Subdivision Agreement via DocuSign will associate your signed forms with your subdivision’s records. (3) Manual Signature returned via electronic mail: If your subdivision is unable to return an executed Participation Form and Subdivision Agreement using DocuSign, the signed Participation Form and Subdivision Agreement may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 93 Item 8 C.
the email and use the subject line Settlement Participation Form – [Subdivision Name, Subdivision State] – [Reference ID]. Note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement.

Detailed instructions on how to sign and return the Participation Form and Subdivision Agreement, including changing the authorized signer, can be found at https://nationalopioidsettlement.com/. You may also contact [email protected].

The sign-on period for subdivisions ends on August 12, 2024.

If you have any questions about executing the Participation Form, please contact your city attorney/county counsel, outside counsel representing your city/county on opioids matters, the Implementation Administrator at
[email protected], or the California Attorney General’s Office at [email protected].

Thank you,
New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the New National Opioids Settlement and to manage the collection of the Participation Form.

DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 94 Item 8 C.

Subdivision Participation and Release Form
Governmental Entity: Capitola city State: CA
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/.

3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National 1 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 95 Item 8 C.

Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.

7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement.

10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement.
2 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 96 Item 8 C.

11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
3 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 97 Item 8 C.

Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Kroger Settlement

1. Introduction
Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the “Kroger Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Kroger Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
i) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, 1 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 98 Item 8 C.

Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
j) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k) Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,1 pursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 99 Item 8 C.

A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, Inc., and McKesson Corporation (the “Distributors Settlement”). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and 3 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 100
Item 8 C.

Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.
4 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 101
Item 8 C.
c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
5 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 102
Item 8 C.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), 6 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 103
Item 8 C.
pursuant to Exhibit R, section I(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 104
Item 8 C.
d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 105
Item 8 C.

The undersigned, Capitola city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement. EXECUTED on /date_1_kroger/.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
9 DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 106
Item 8 C.

APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Kroger Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.

Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.

Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 107
Item 8 C.

APPENDIX 1
1 of 15
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 108
Item 8 C.

APPENDIX 1
2 of 15
City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 109
Item 8 C.

APPENDIX 1
3 of 15
City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 110
Item 8 C.

APPENDIX 1
4 of 15
City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 111
Item 8 C.

APPENDIX 1
5 of 15
City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 112
Item 8 C.

APPENDIX 1
6 of 15
City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 113
Item 8 C.

APPENDIX 1
7 of 15
County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 114
Item 8 C.

APPENDIX
1 8 of 15
City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 115
Item 8 C.

APPENDIX 1
9 of 15
City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 116
Item 8 C.

APPENDIX 1
10 of 15
City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 117
Item 8 C.

APPENDIX 1
11 of 15
City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 118
Item 8 C.

APPENDIX 1
12 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 119
Item 8 C.

APPENDIX 1
13 of 15
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 120
Item 8 C.

APPENDIX 1
14 of 15
City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 121
Item 8 C.
1 APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
///
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 122
Item 8 C.
2 b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 123
Item 8 C.
3 reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Kroger Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Kroger a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Kroger Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.

DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 124
Item 8 C.
4 d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 125
Item 8 C.
1 APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Kroger Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Kroger Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Kroger Settlement Agreement and CA Kroger Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Kroger Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Kroger Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Kroger Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 126
Item 8 C.

BY E-MAIL
2001 M Street, NW Suite 600
Washington, DC 20036
+1 202 682 7000 tel
+1 202 857 0940 fax
March 28, 2024
Chantale Fiebig
+1 (202) 682-7200
[email protected]
David Jones
Supervising Deputy Attorney General
Healthcare Rights & Access Section
Department of Justice
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7861
Email: [email protected]
Re: Kroger Opioids Settlement Agreement
Dear Mr. Jones:

This letter summarizes the agreement reached between Kroger and the State of California regarding the multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and subdivisions (the "Multistate Kroger Settlement Agreement").

The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited modification set forth below applies only to California and to no other state or territory.

The “Prescription Red Flag” described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement Agreement is modified in its entirety to read as follows:

A Controlled Substance prescription fails to meet the requirements of law. For the sake of clarity, minor deficiencies in the patient’s name, address, date of birth, or contact information are not a red flag if the pharmacist, in his or her professional judgment and usual course of practice, is able to resolve these deficiencies with the patient.

This limited California-specific modification was a necessary condition for California's decision to signon as a participating state to the Multistate Kroger Settlement Agreement.

For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement remain the same, including without limitation all “Prescription Red Flags” not specified above, all DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 127
Item 8 C.

David Jones
March 28, 2024

Page 2 ends

definitions, all release provisions, the eleven-year-payment schedule and all other terms and provisions of the payment schedule, and all other terms and provisions.

These terms and this letter shall be included in a stipulated judgment to be filed in a Superior Court in the State of California.

Sincerely,
Chantale Fiebig
Counsel for The Kroger Co.

SO AGREED BY AND ON BEHALF OF THE STATE OF CALIFORNIA:
________________________________
Name: David A. Jones
Title: Supervising Deputy Attorney General
Date: March 29, 2024
DocuSign Envelope ID: 08732648-8CA2-46A0-AFFA-C4A3A7FE2B78 128
Item 8 C.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: Public Works Department
Subject: Community Center Renovation Project
Recommended Action: Approve the plans, specifications, and construction estimate for the Capitola Community Center Renovation Project; and authorize the Public Works Department to advertise for construction bids.

Background: In November 2022, the City Council authorized the City Manager to execute a Long-Term Use Agreement (LTUA) between the City of Capitola and Soquel Union Elementary School District for the Jade Street Park Property, which includes the Community Center. The agreement requires the completion of specific infrastructure improvements to the Community Center within four years.

Additionally, "ancillary" improvements, such as flooring and partition replacements, are specified as intended enhancements by the City.

In February 2023, the City Council approved an agreement with Boone Low Ratliff Architects (BLRA) for the design of the Community Center Renovation Project, including site analysis, conceptual design preparation, and initial construction document development. On June 8, 2023, staff and BLRA presented a conceptual design for the Community Center Renovation Project, and the City Council subsequently authorized an amendment to the BLRA contract to finalize construction-ready documents.

In mid-June 2023, staff was informed of a $1M allocation for the Project in the 2023 State Budget through the California Natural Resources Agency (CNRA). At their December 7, 2023, meeting, the Planning Commission approved the Design Permit to remodel the Capitola Community Center. In May 2024, the City received notice of the intent of award of a Community Development Block Grant (CDBG) of $3.2M in construction funds. This funding necessitates bidding for the project in Summer 2024 and commencing construction in Fall 2024. Additionally, the City applied for an Association of Monterey Bay Area Governments (AMBAG) grant for EV charging infrastructure at the Community Center and was granted $160,000 for that purpose.

On May 23, 2024, the City Council authorized the City Manager to execute Amendment 2 to the Professional Services Agreement with BLRA in the amount of $37,000, for a total contract value of $560,713, and to execute a Professional Services Agreement with Cumming Group for construction management services in the amount of $300,000 for the Community Center Renovation Project.

On June 27, 2024, the City Council authorized a short-term lease agreement with Soquel Union Elementary School District for classroom space at Opal Cliffs School for the Community Services and Recreation Department during construction.

Although the CDBG grant agreement is not finalized, staff anticipates in the coming weeks it will be presented to City Council for approval. It is crucial to be prepared to bid this project as soon as possible to meet both the requirements of the CDBG grant and to align with the timing of the Department’s operations.

Discussion: The plans, specifications, and construction estimate for the Capitola Community Center Renovation have been completed by BLRA. The final baseline construction estimate is $5.3M. An updated scope and cost estimate is detailed in Table 1. 129
Item 8 D.

Table 1. Community Center Renovation Cost Estimate
Description Cost Estimate
Building Exterior Improvements
Demolition $ 271,000
Roof Replacement $ 255,000
Exterior Wall Repair and Modifications $ 935,000
Door and Windows $ 327,000
Exterior Finishes $ 50,000
Building Exterior Improvements Total $ 1,838,000
Building Interior Improvement
Demolition $ 109,000
Interior Remodel - ADA Improvement, Offices $ 626,000
Door and Entryway $ 158,000
Interior Finishes Including Partitions $ 91,000
New Single User Restroom $ 254,000
Kitchen Remodel $ 234,000
HVAC $ 296,000
Electrical $ 342,000
Communications $ 240,000
Building Interior Improvement Total $ 2,350,000
Site Work
Demolition $ 57,000
ADA Sitework $ 278,000
Electrical - Generator and EV Chargers $ 777,000
Site Work Total $ 1,112,000
Baseline Project Total $ 5,300,000
Site Work - Add Alternate
Additional Demolition $ 72,000
Grading $ 56,000
Patios - Inclusive of Two Retaining Structures $ 699,000 Landscaping $ 31,000
Site Work - Add Alternate Total $ 858,000
Project Total with Patio Improvements $ 6,158,000
A copy of the title sheet of the plans and slides showing exterior and interior views, the site plan, and floorplan are included as Attachment 1. Copies of the full bid set plans and specifications are available for review in the Public Works Department. The cost for the exterior spaces exceeds the current budget for this project. Plans have been developed to complete any modifications to the outdoor spaces in such a way that the full intent can be realized if additional funds become available. 130
Item 8 D.

The projected schedule for the remainder of the project is as follows:
 City Council Plan Approval: July 25, 2024
 Modify Recreation Space at Opal Cliffs: August/September 2024  Prequalify Bidders: Early September 2024
 Bid Due Date: Late September 2024
 Contract Award: October 2024
 Recreation Move-Out/Roof Remediations: October 2024
 Begin Construction: November 2024
 Construction Completion: October 2025
Environmental Determination: The proposed project is categorically excluded under the National Environmental Policy Act (NEPA) according to 24 CFR 58.35(a). It is also exempt from the California Environmental Quality Act (CEQA) under Public resources Code section 21084 and Section 15301 of the CEQA guidelines, which categorically exempts from CEQA projects consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public structures, involving negligible or no expansion of existing or former use. The facilities and improvements will be retained in the same use without expansion and will have no significant environmental impact.

Fiscal Impact: In FY 2022-2023, $150,000 was allocated for the design phase of the Project. Currently, the FY 2024-2025 budget includes $1.65M for the completion of design and construction activities.

Additionally, the Project has received $1M from CNRA and awards totaling $3.2M for construction from CDBG, along with $160,000 from AMBAG, which are expected to be finalized shortly. The summary of project funding and costs is presented in Table 2.

Table 2. Community Center Renovation Costs and Funding Sources Project Costs
Design $ 560,000
Construction $ 5,300,000
Construction Management $ 300,000
Total Project Costs $ 6,160,000
Project Funding Sources
FY 22-23 Budget $ 150,000
FY 24-25 Budget $ 1,650,000
CNRA Grant $ 1,000,000
CDBG Grant $ 3,200,000
AMBAG Grant $ 160,000
Total Project Funding $ 6,160,000
Attachments:

1. Project Plans
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
131
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
T
Plotted On: 2/7/24
2/7/24

AS NOTED

TITLE SHEET / PROJECT DATA
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/kate/Dropbox (Personal)/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION ***

SHEET INDEX
T
CA1
CA2
CA3
TS-1
C0.0
C1.0
C2.0
C2.1
C3.0
C3.1
C3.2
C3.3
C4.0
C4.1
C5.0
C0.0D
C1.0D
C2.0D
C3.0D
C3.1D
C4.0D
C5.0D
C5.1D
C6.0D
L0.0
L0.1
L1.0
L1.1
L0.0D
L0.1D
L1.0D
L1.1D
L1.2D
L1.3D
L1.4D
L1.5D
L2.0D
L2.1D
L2.2D
L2.3D
L2.4D
L3.0D
L3.1D
L3.2D
A1.0
A1.1
A1.2
A2.0
A2.1
A2.2
A2.3
A2.4
A2.5
A3.0
A3.1
A3.2
A3.3
A3.4
A3.5
A4.0
A4.1
A5.0
A5.1
A5.2
A5.3
A6.0
A6.1
A6.2

TITLE SHEET / PROJECT DATA
CALGREEN NONRESIDENTIAL MANDATORY MEASURES 2022 | 1
CALGREEN NONRESIDENTIAL MANDATORY MEASURES | 2
CALGREEN NONRESIDENTIAL MANDATORY MEASURES | 3

TOPOGRAPHICAL SURVEY

COVER SHEET
NOTES

DETAILS

DRAINAGE & GRADING PLAN (W)

DRAINAGE & GRADING PLAN (N)

DRAINAGE & GRADING PLAN (SE)

DRAINAGE & GRADING PLAN (NE)

EROSION CONTROL NOTES & DETAILS

EROSION CONTROL PLAN

STORMWATER CONTROL PLAN

COVER SHEET
NOTES

DETAILS

GRADING & DRAINAGE PLAN

UTILITY PLAN

EROSION CONTROL NOTES & DETAILS

EROSION CONTROL PLAN

STORMWATER CONTROL PLAN

LANDSCAPE TITLE SHEET

TREE PROTECTION PLAN

LANDSCAPE MATERIALS PLAN

LANDSCAPE MATERIALS DETAILS

LANDSCAPE TITLE SHEET

TREE REMOVAL & PROTECTION PLAN

LANDSCAPE MATERIALS PLAN

LANDSCAPE MATERIALS DETAILS

STAGE ELEVATIONS & SECTIONS

LANDSCAPE MATERIALS DETAILS

IRRIGATION PLAN

IRRIGATION LEGEND & NOTES

IRRIGATION DETAILS

PLANTING PLAN

PLANTING NOTES & PLANT SCHEDULE

PLANTING DETAILS

AS-BUILT & DEMO FLOOR PLAN

AS-BUILT & DEMO ATTIC & ROOF PLAN

AS-BUILT & DEMO ELEVATIONS

SITE PLAN

ENLARGED SITE PLAN

EXITING AND FIRE PROTECTION PLAN

ACCESSIBILITY & SIGNAGE

ACCESSIBILITY & SIGNAGE DETAILS

PROPOSED FIRST FLOOR PLAN

PROPOSED ATTIC PLAN

PROPOSED ROOF PLAN

REFLECTED CEILING PLAN
ENLARGED PLANS | KITCHEN, OFFICES & RESTROOMS

KITCHEN PLAN

PROPOSED BUILDING ELEVATIONS

PROPOSED BUILDING ELEVATIONS (CONT)

PROPOSED BUILDING SECTIONS

WALL & ROOF ENLARGED SECTIONS

INTERIOR ELEVATIONS

INTERIOR ELEVATIONS
A6.3
A6.4
A7.0
A7.1
A8.0
A8.1
A8.2
A9.0
A9.1
A10.0
A10.1
A10.2
A10.3
A10.4
S0
S1
S2
S3
S4
M0.01
M0.02
M0.03
M1.01
M1.02
M2.02
M6.01
P0.01
P1.01
P2.01
P2.02
P6.01
E0.1
E0.2
E0.3
E1.1
E1.2
E2.1
E3.1
E3.2
E4.1
E4.2
E4.3
E5.1
E5.2
E5.3
E6.1
E6.2
E6.3
E7.1
AC-1
AC-2
AC-3
AC-4.1
AC-4.2
AC-5
AC-6

INTERIOR ELEVATIONS
INTERIOR ELEVATIONS @ RESTROOMS & RESTROOM EQUIPMENT

SCHEDULE

DOOR SCHEDULE

WINDOW & STOREFRONT SCHEDULE

FINISH PLAN

EXTERIOR COLORS & FINISHES

INTERIOR COLORS & FINISHES

ARCHITECTURAL INTERIOR DETAILS

EXTERIOR STOREFRONT DETAILS

EXTERIOR WINDOW NAIL FIN & STOREFRONT DETAILS

TYPICAL EXTERIOR ROOF DETAILS

TYPICAL TPO RE-ROOF DETAILS

TYPICAL METAL EXTERIOR ROOF DETAILS

SHEET INDEX, DESIGN LOADS, LEGEND, SPECS AND SCHEDULES

FOUNDATION PLAN

ROOF & CEILING FRAMING PLAN

DETAILS

LEGENDS, NOTES & SCHEDULES - MECHANICAL

LEGENDS, NOTES & SCHEDULES - MECHANICAL
TITLE 24 - MECHANICAL

ROOF PLAN - MECHANICAL DEMOLITION

ROOF PLAN - MECHANICAL

FLOOR PLAN - MECHANICAL

DETAILS - MECHANICAL

LEGENDS, NOTES & SCHEDULES - PLUMBING

ROOF PLANS - PLUMBING

FLOOR PLAN - PLUMBING DEMOLITION

FLOOR PLAN - PLUMBING

DETAILS - PLUMBING

ELECTRICAL TITLE SHEET
CALIFORNIA ENERGY COMPLIANCE T24 BUILDING INTERIOR
CALIFORNIA ENERGY COMPLIANCE T24 BUILDING EXTERIOR

ELECTRICAL SINGLE LINE DIAGRAM & DETAILS

ELECTRICAL PANEL SCHEDULES

ELECTRICAL SITE PLAN

ELECTRICAL DEMOLITION - FIRST FLOOR

ELECTRICAL DEMOLITION PLAN - ROOF PLAN

POWER & SYSTEMS PLAN - FIRST FLOOR

POWER & SYSTEMS PLAN - ATTIC

POWER & SYSTEMS PLAN - ROOF

LIGHTING PLAN - FIRST FLOOR

LIGHTING PLAN - ATTIC

LIGHTING PLAN - ROOF

ELECTRICAL DETAILS

ELECTRICAL SPECIFICATIONS
GENERAL NOTES, LEGEND, ABBR. & COVER SHEET
1ST FLOOR ACOUSTICAL PLAN
1ST FLOOR REFLECTIVE CEILING PLAN & SECTIONS
1ST FLOOR MEETING RM B & C ELEVATIONS
1ST FLOOR MEETING RM A & RECEPTION ELEVATIONS

CEILING ACOUSTICAL TREATMENT DETAIL

PRODUCT SPECIFICATION SHEETS

CAPITOLA COMMUNITY

CENTER REMODEL
4400 JADE STREET, CAPITOLA, CA 95010

ABBREVIATIONS

GENERAL NOTES

VICINITY MAP

PROJECT DATA SHEET INDEX
CLIENT: City of Capitola
City of Capitola Public Works Department
Project Manager: Jessica Kahn: [email protected]
420 Capitola Avenue, Capitola CA 95010
(831) 475 7300
City of Capitola Recreations Department
Nikki Bryant: [email protected]
420 Capitola Avenue, Capitola CA 95010
(831) 475 7300
ARCHITECT: Boone Low Ratliff Architects, Inc.

Jacquelyn Low, AIA: [email protected]
Kate Rhein, AIA: [email protected]
2837 Mission Street, Santa Cruz CA 95060
(831) 423 1316
ELECTRICAL ENGINEER: Aurum Consulting Engineers Monterey Bay, Inc.

Eldridge O. Bell, P.E.: [email protected]
404 W. Franklin St., Suite 100, Monterey, CA 93940
(831) 646 3330
MECHANICAL ENGINEER: Colebreit + Axiom Engineers
Sean L. Ring, PE: [email protected]
303 Potrero St, Suite 43-108, Santa Cruz CA 95060
(831) 464 4320
STRUCTURAL ENGINEER: Andrew Radovan Civil Engineering,
Inc.

Andrew Radovan: [email protected]
2815 Mission Street, Santa Cruz CA 95060
(831) 459 7296
LANDSCAPE ARCHITECT: Joni L. Janecki & Associates
Joni L. Janecki: [email protected]
Erica Drew: [email protected] (Project manager)
515 Swift St, Santa Cruz CA 95060
(831) 423 6040
CIVIL ENGINEER: IFLAND ENGINEERS
JON IFLAND: [email protected]
1509 SEABRIGHT AVE, SUITE 1B, SANTA CRUZ CA 95062
O (831) 426 5313 X206
D (831) 316 3573
ACOUSTIC CONSULTANT: Sonics ESD
Jim Barath, Ph.D., INCE: [email protected]
40 Ragsdale Drive Suite 130, Monterey CA 93940
(831) 646 9711
COST ESTIMATOR: Leland Saylor Associates
Jeff Saylor: [email protected]
1777 Oakland Blvd, Suite 103, Walnut Creek CA 94596
(925) 330 2642
KITCHEN DESIGNER: EAST BAY RESTAURANT SUPPLY, INC.

KEVIN MANLEY: [email protected]
49 4TH STREET, OAKLAND CA 94607
(916) 716 4627

SCOPE OF WORK
OCCUPANCY:

A-3 WITH B OCCUPANCY OFFICES, KITCHEN & SUPPORT AREA
construction type: VB
ZONING: CF COMMUNITY FACILITY
TOTAL LOT AREA: 419,483 sq.ft.

AREA (E) BUILDING: 5,792 SQ.FT.

AREA (E) COVERED PORCHES: 1,446 sq,ft,
PROPOSED BUILDING AREA: 5,792 sq.ft. (no proposed change) PROPOSED AREA COVERED PORCHES: 2,125 sq.ft.

TOTAL LOT COVERAGE = 3.3 % OF LOT
proposed remodel of an existing 5,792 sq.ft. single-story community center building (built in 1985). scope of proposed work IS DIVIDED INTO SCOPE A, SCOPE B AND INCLUDES ONE
DEDUCT ALTERNATE.

SCOPE A: includes REPLACEMENT & REPAIR OF BUILDING'S
exterior envelope INCLUDING (N) roof, (N) siding and REPAIRS AND/ OR REPLACEMENT OF exterior rafters CONCRETE PIERS
AND STUCCO WALLS, addition of 3 new windows, Replacement of all (E) exterior doors and windows AND A (N) SHED ROOF AT THE ENTRY. SCOPE A WORK IS NOTED ON THE DRAWINGS.

SCOPE B: INCLUDES ALL REMAINING WORK TO THE BUILDING AND ACCESSIBILITY IMPROVEMENTS AT THE EXTERIOR. interior
improvements include AN addition of a single user nongender accessible restroom, addition of a NEW office, PERMANENT separation between two meeting areas, upgrades to (E) offices, reception, restrooms and kitchen and new finishes throughout. There is A (N) HVAC SYSTEM, WATER HEATER and (N) electrical, LIGHTING & OUTLETS including a proposed electrical service upgrade to the building. accessibility upgrades ARE PROPOSED throughout the building AND AT THE

EXTERIOR, INCLUDING ACCESSIBLE PARKING AND PATH OF TRAVEL IMPROVEMENTS to meet current CODE.

DEDUCT ALTERNATE: INCLUDES CIVIL & LANDSCAPING IMPROVEMENTS

AT THE THREE (E) PATIOS, ENTRY AND SURROUNDING LANDSCAPED AREA. DEDUCT ALTERNATE WORK IS INDICATED BY A 'D' AT THE END OF THE SHEET NUMBER.

ADDITIONAL NOTES:

There is no proposed increase in THE HEATED area OR
FOOTPRINT OF THE CENTER.

HAZARDOUS MATERIALS ASBESTOS ABATEMENT TO BE CARRIED OUT PER RECOMMENDATIONS IN REPORTS: BENCHMARK ENVIRONMENTAL ENGINEERING #E23-2476-ASU.

1.Architect assumes no responsibility for the completeness of plans for bid purposes prior to issuance of the building permit. The general contractor and all subcontractors shall verify all dimensions and conditions on the job site prior to beginning of construction.

2. The intent of these drawings and specifications is to include all labor, materials and services necessary for the completion of all work shown prescribed or reasonably implied, but not limited to that explicitly indicated in the contract documents.

3. The Architect’s approval of such shop drawings shall not relieve the General Contractor or subcontractor from responsibility for deviations from drawings or specifications unless he or she has (in writing) called the Architect’s attention to such deviations at the time of submissions, nor shall it relieve him or her of responsibility for errors of any sort in the shop drawings.

4. Architect or designer as used in these documents refers to Boone Low Ratliff Architects, 157 Van Ness Avenue, Santa Cruz, CA 95060. (831) 423-1316.

5. All work shall be performed in accordance with all applicable codes, regulations and ordinances having jurisdiction.

6. Contractor is responsible for examining all contract documents, field conditions, and confirming that work is buildable as shown before proceeding with construction. If there are any questions regarding these or other coordination items, the contractor is responsible for obtaining a clarification from the Architect or tenant construction coordinator before proceeding with work in question or related work.

7. Prior to the issuance of a building permit, the applicant shall have evidence of current Workman’s Compensation insurance coverage on file, in compliance with section 3800 of the California Labor Code.

8. Dimensions on drawings are shown to faces of walls and partitions or finished face of existing walls unless noted otherwise.

9. All vertical dimensions shown are to floor slab, unless otherwise indicated.

10. Contractor shall verify and be responsible for all dimensions and conditions on the job and shall notify the architect of any discrepancies immediately before commencing any work.

11. Contractor shall check and verify size and locations of duct openings and plumbing runs with mechanical contractor before framing walls, floors, etc.

12. Install all manufactured items, materials and equipment in strict accordance with the manufacturer’s specifications.

13. “Align” as used in these documents shall mean to accurately locate finish faces in the same plane.

14. “Typical” or “Typ” as used in these documents shall mean that the condition is the same or representative for all similar conditions throughout, unless noted otherwise.

15. Details are usually keyed and noted “typical” only once, when they first occur and are representative of all similar conditions throughout, unless noted otherwise.

16. Do not scale drawings. Dimensions govern. Large scale details govern over small scale details.

17. Contractor shall be responsible for the general cleaning of a job after its completion. Unused materials to be donated.

18. All requests for substitutions or items specified shall be approved by Architect.

19. Glass doors, adjacent panels, and all glazed openings, within 18 inches of the adjacent floor shall be of glass approved for impact hazard.

20. Center of switches shall be no more than 48" above floor.

21. Centerline of 15, 20 and 30 amp receptacles shall (except permanently installed baseboard heaters) not to be less than 15” above floor.

Floor outlets acceptable next to sliding panels or walls and other special convenience locations. Baseboard outlets acceptable in relocatable partitions, window walls.

22. FOUNDATION CONSTRUCTION SHALL INCORPORATE RECYCLED FLY ASH IN CONCRETE UP TO 15%-20% . RETAIN CONCRETE MIX TAG FOR INSPECTOR.

23. FORM BOARDS SHALL BE REUSED. V.O.C. FREE PLANT BASED RELEASE AGENT TO BE APPLIED (RAPESEED, SOYBEAN OR VEGETABLE OIL) WHEN POSSIBLE METAL FORMS TO BE PROVIDED BY A SPECIALTY CONTRACTOR AND REUSED ON OTHER PROJECTS.

24. Joints and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weatherstripped, or otherwise sealed to limit infiltration and exfiltration.

25. Install insulation after building is weathertight and outside of rainy season. Install insulation to comply with California State requirements (see form CF2R-ENV-23-H). Contractor to check moisture content of materials for walls and floors before enclosure, for compliance with Calgreen 4.505.3

26. Use exterior grade plywood for all interior applications.

27. Documents for deferred submittal shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Department with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the Building Department.

28. At time of final inspection, Contractor to place in building an operation and maintenance manual in the format of a manual, compact disc, web-based reference or other media acceptable to the enforcing agency, covering 10 specific subject areas.

29. DONATE UNUSED MATERIALS TO THE HABITAT FOR HUMANITY RESTORE.

30. MINIMIZE DISRUPTION OF EXISTING PLANTS AND TREES.

31. PROTECT ANNULAR SPACES AROUND OPENINGS IN PLATES AT EXTERIOR WALL WITH CEMENT MORTAR, CONCRETE, OR SIMILAR MATERIAL.

32. A MINIMUM OF 70% OF CONSTRUCTION AND DEMOLITION WASTE IS TO BE RECYCLED.

33. WASTE DISPOSAL: RETAIN ALL WASTE HAULING RECEIPTS FOR INSPECTOR. RECEIPTS MUST INDICATE 70% SEPARATED, RECYCLABLE MATERIALS.

APPLICABLE CODES

ALL CODES REFERENCED ARE TO BE USED AS AMENDED BY THE
STATE OF CALIFORNIA AND LOCAL JURISDICTION.
2022 CALIFORNIA BUILDING CODE
2022 CALIFORNIA RESIDENTIAL CODE
2022 CALIFORNIA GREEN BUILDING CODE
2022 CALIFORNIA MECHANICAL CODE
2022 CALIFORNIA PLUMBING CODE
2022 CALIFORNIA FIRE CODE
2022 CALIFORNIA ELECTRICAL CODE
2022 CALIFORNIA ENERGY CODE, PART 6

THESE PLANS ARE IN COMPLIANCE WITH CALIFORNIA BUILDING AND FIRE CODES (2022 EDITION) AND SANTA CRUZ COUNTY AMENDMENTS

PROJECT TEAM

ABBREVIATIONS
A.F.F. Above finish floor
AFG Above finish grade
BD. Board
BTTM Bottom
C.B.C. California Bldg. Code
CL Center line
CLG Ceiling
CLR. Clearance
CONC. Concrete
CONT. Continuous
DBL Double
DIM. Dimension
DIM. PT Dimension point
DN Down
DS. Downspout
DW Dishwasher
EA. EACH
ELEV. Elevation
EQ. Equal
F.F. Finish floor
ABBREVIATIONS CONT.

F.G. Finish grade
F.O.S. Face of stud
F.F.L. Finish floor LEVEL
FL. Floor
GA Gauge
GC General Contractor
GYP. BD. Gypsum board
HGT. Height
HM Hydronic manifold
HORIZ. Horizontal
KIT Kitchen
MFG Manufactured

MTL METAL
MTD Mounted
NFPA National Fire Protection Ass.

OPP. HAND OPPOSITE
PL Plate
REF Refrigerator
SIM Similar
STL Steel
ABBREVIATIONS CONT.

T.O.S. Top of SUBFLOOR
T.O.P. TOP OF PLATE
TYP. Typical
TYP. MTG. Typical mounting height
VERT. Vertical
WH Water heater
WTR Water
N
132
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A2.0
Plotted On: 2/7/24
2/7/24

AS NOTED

SITE PLAN
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION *** 1 A2.1
23'-6" +/-16' 20' 8'

DUAL EVCS
(E) stop sign,
no entry &
1-way signs
relocated
at (N) path
(E) crossing
JADE STREET @ jade street

COMMUNITY
CENTER

PLAYGROUND

BASEBALL

DIAMOND
additional

PARKING
44 spaces

PARKING
45 spaces
CAR 9'x18' ACCESS AISLE 8'x18'
VAN 9'x18'
CAR 9'x18' ACCESS AISLE 8'x18'
VAN 9'x18'

SITE PLAN LEGEND
4' WIDE MINIMUM ACCESSIBLE PATH OF TRAVEL
4 EVCS3 EVCS2 EVCS
1 EVCS
5 EV CAPABLE6 EV CAPABLE7 EV CAPABLE8 EV CAPABLE9 EV CAPABLE 10 EV CAPABLE
11 EV CAPABLE
12 EV CAPABLE13 EV CAPABLE14 EV CAPABLE
15 EV CAPABLE
16 EV CAPABLE
17 EV CAPABLE
Capitola Community Center Remodel 012224
1 A2.0

JADE STREET

TOPAZ STREET

CAPITOLA

COMMUNITY
CENTER

PLAYGROUND

BASEBALL PITCH

PARKING

ELEMENTARY
SCHOOL

RAIL LINE
47TH AVE.
45TH AVE.

JADE
STREET
PARK
1 SCALE: 1" = 20'

SITE PLAN
2 SCALE: 1" =100'

PROPERTY MAP
CONSTRUCTION NOTES:

CONTRACTOR TO COORDINATE DELIVERIES TO SITE, SITE ACCESS AND STORAGE LOCATIONS WITH CLIENT.

A. Construction Best Management Practices (BMPs)-Project construction and demolition activities shall comply with the CitY’s Storm Water Best Management Practices for Construction.

See the CiTY website at:
https://www.cityofsantacruz.com/government/city-departments/ public-works/stormwater/best-management-practices
B. Materials Storage: Open bags of particulate, granular or powder materials (such as plaster or concrete) should be stored inside if possible. If stored outside, they must be covered or closed, and during the rainy season kept within secondary containment.

C. Paint & Chemical Storage: Paints, chemicals, and solvents must be properly stored inside or within a shed with double containment.

D. Refuse: Dumpsters lids must be kept closed and secured when not in use.

E. Check the sidewalk and street daily during the demolition and construction phases for soil or sediment drag-out, and sweep if needed.

F. Regularly maintain project erosion control measures. Check regularly for damage during construction work. All erosion control measures shall be inspected after each significant rain event and needed repairs made immediately upon detection.

G. THE CALGREEN MANDATORY REQUIREMENTS ARE LOCATED ON SHEET CA1 PATH OF TRAVEL GENERAL COMPLIANCE NOTES:
(E) ACCESSIBLE PATH OF TRAVEL IS PROVIDED ON SITE. IF THERE IS ANY NONCOMPIANCE IN (E) P.O.T, IT MUST BE UPGRADED AS NEEDED TO COMPLY:

ACCESSIBLE PATH OF TRAVEL AS INDICATED ON THE PLAN IS A BARRIER FREE ACCESS ROUTE WITHOUT ANY ABRUPT LEVEL CHANGES EXCEEDING 1/2" IF BEVELED AT 1:2 MAXIMUM SLOPE, OR VERTICAL LEVEL CHANGES NOT EXCEEDING 1/4" MAXIMUM AND AT LEAST 48" IN WIDTH. SURFACE IS STABLE, FIRM, AND SLIP RESISTANT. CROSS SLOPE SHALL NOT BE STEEPER THAN 1:48 AND SLOPE IN THE DIRECTION OF TRAVEL SHALL NOT BE STEEPER THAN 1:20. ACCESSiBLE PATH OF TRAVEL SHALL BE MAINTAINED FREE OF OVERHANGING OBSTRUCTIONS TO 80" MINimum and protruding objects greater than 4" projection from wall and above 27" and less than 80". architect shall verify that there are no barriers in the path of travel.

RUNNING SLOPE <5%
CROSS-SLOPE <2%

ACCESSIBLE PATHWAY

DIRECTION OF TRAVEL
DETAIL D: ACCESSIBLE PATH OF TRAVEL MAX. SLOPE
SITE PARKING REQUIREMENTS:

ASSEMBLY AREA total = 3231 sq.ft. REQUIRED PARKING 1/40 = 81 SPACES BUSINESS AREA total = 2165 sq.ft. REQUIRED PARKING 1/300 = 8 SPACES TOTAL REQUIRED PARKING = 89 SPACES
total available on-site parking = 89 spaces
NUMBER OF ACCESSIBLE PARKING SPACES PER CBC 2022 TABLE 11B-208.2 = 4 NUMBER OF VAN ACCESSIBLE SPACES REQUIRED = 1. NUMBER PROVIDED = 2 bicycle parking
short term spaces = 10% of required parking spaces = 9
long term spaces not required (<10,000 sq.ft.)
SITE PLAN NOTE:

FOR LANDSCAPE & PATIO AREAS, PLEASE SEE

LANDSCAPE & CIVIL SHEETS
133
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A2.1
Plotted On: 2/7/24
2/7/24

AS NOTED

ENLARGED SITE PLAN
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION *** N
(E) BUILDING
THRESHOLD @

76.36'
ENTRY

PATIO C

PATIO B

PATIO A
CAR 9'x18'
ACCESS AISLE 8'x18'
VAN 9'x18'
CAR 9'x18'
ACCESS AISLE 8'x18'
VAN 9'x18'

SITE PLAN LEGEND
4' WIDE MINIMUM ACCESSIBLE PATH OF TRAVEL
4 EVCS3 EVCS2 EVCS
1 EVCS
5 EV CAPABLE6 EV CAPABLE7 EV CAPABLE8 EV CAPABLE9 EV CAPABLE 10 EV CAPABLE
11 EV CAPABLE
12 EV CAPABLE13 EV CAPABLE14 EV CAPABLE
15 EV CAPABLE
Capitola Community Center Remodel 012224
1 SCALE: 1/8" = 1'-0"

ENLARGED SITE PLAN
SITE PLAN NOTE:

FOR LANDSCAPE & PATIO AREAS, PLEASE SEE

LANDSCAPE & CIVIL SHEETS
134
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A3.0
Plotted On: 2/7/24
2/7/24

AS NOTED

PROPOSED FIRST FLOOR PLAN
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION *** DW
W4
S6
D0
S5
W3
W1
W2
S2
W5 W6 W7 W8
S1
W9
W10
W11
S4
S3
E1 D5
D22
E8
D1
E2
E6 D7
D10
E9 E10
E3
D11
D13
D8 D9
D4
D3
D14
D17
D12
D15
D16
D2
E7 D6
E4 E5
1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
A
A
B
B
C
C
D
D
E
E
F
F
G
G
H
H
J
J
K
K
L
L
M
M
N
N
0 0
N
RG RF
2 A3.4
4 A3.4
3 A3.4
1 A3.4
2 A9.1
10'
10'-8"
2' 4'
2'
2'-8"
5'-6"
11'-1 3/4" 0 1/2"
3'-5"
5 1/2" 11'-9 3/4" 11' 12' 4'-6" 2 3/4"
72'
8' BAYS TYP.
16'-3/16" 24' 16' 16'
104'
8' BAYS TYP.
16'-7/8" 16' 16' 24' 16' 16'-2 3/4"
72'
8' BAYS TYP.
16' 24' 16' 16'
8'
104'
8'
8' BAYS TYP.
16' 8'
2'-8"
4"
4"
3'
7'-10 1/4" 8'
4'
8'
4"
5'-1 1/2" FOS
5' MIN. CLEAR
=/- 5'-2 1/2"
VIF
18" MIN.

CLEAR
Threshold @ 76.36'
Threshold @ 76.36'
Threshold @ 76.36'
1 A4.0
1 A4.1
2 A4.1
E
A5.2
E
A5.2
D
A5.2
D
A5.2
C
A5.1
C
A5.1
B
A5.0
B
A5.0
A
A5.0
A
A5.0
1 A1.2
1 2
3 4 A6.0
1 2
3 4 A6.1
5 6
7 8 A6.1
1 2
3 4 A6.2
5 6
7 8 A6.0
9 10
11 12 A6.0
5 6
7 8 A6.2
13 14
15 16 A6.3
9 10
11 12 A6.3
13 14
15 16 A6.0
1 2
3 4 A6.4
5 6
7 8 A6.3
1 2
3 4 A6.3
5 6
7 8 A6.4
9 10
11 12 A6.4
2 A5.3
2 A5.3
(N) OPENING

FOR (N) WINDOW
REPLACE (E) 2 FOUNTAINS
WITH 1 ACCESSIBLE FOUNTAIN
& WATER BOTTLE FILLING STATION

SET BACK WALL TO ALLOW

ACCESSIBLE CLEARANCE

AT DOOR
(N) FOLDING

ACOUSTIC PARTITION

SET BACK WALL TO ALLOW

ACCESSIBLE CLEARANCE

AT DOOR
(N) OPENINGS FOR 2 NO. (N) WINDOWS
(N) tv
owner's own
(N) tv
owner's own
(N) tv
owner's own
(N) ballet bar @ 42" aff
(N) SCREEN

PARTITION

PRINTER

WATER COOLER
(N) COMMUNITY CENTER SIGNAGE

LOCATION & TYPE TBD
(E) HOOD TO REMAIN
REMOVE (E) OPENING.

FRAME AND PATCH WALL.

INFILL WITH OPENING WITH

SOUND BATT INSULATION
REMOVE (E) DOOR.

FRAME AND PATCH WALL.

INFILL WITH OPENING WITH

SOUND BATT INSULATION
3 (N) ACOUSTIC WALL PANELS
48" X 48"

INFILL (E)

OPENING
2 (N) ACOUSTIC WALL PANELS
4'X4'
(N) ACOUSTIC WALL PANEL
48" X 48"
2 (N) ACOUSTIC WALL PANELS
48" X 96"
(N) KITCHEN DOOR

SWINGS ON OPPOSITE

HAND TO (E) FOR

ACCESSIBILITY
(E) 6X6 POST
(E) 6X6 POST
(N) 4X6 POST
IN WALL @EA.

END OF (N) ENTRY
ROOF BEAM.

SEE STRUCTURAL
(N) 4X6 POST
IN WALL @EA.

END OF (N) ENTRY
ROOF BEAM.

SEE STRUCTURAL
infill (E) door
frame to relocate
(N) door where
shown

STORAGE LOCATION

FOR (N) DIMISEABLE

ACOUSTIC PARTITION

INFILL (E)

OPENING
(N) ACOUSTIC WALL PANEL
48" X 48"
(N) ACOUSTIC WALL PANEL
48" X 48"
(N) ACOUSTIC WALL PANEL
48" X 48"
(N) ACOUSTIC

WALL PANEL
48" X 48"
(N) ACOUSTIC WALL PANEL
48" X 96"
(N) ACOUSTIC WALL PANEL
48" X 96"
(N) ACOUSTIC WALL PANEL
48" X 48"
(N) ACOUSTIC WALL PANEL
48" X 48"

YOUTH PROGRAMS
OFFICE
(N) COMMUNITY

SERVICES
OFFICE 1

RECEPTION
MECH
ROOM
LOBBY

KITCHEN

PANTRY &

KITCHEN

STORAGE
HALL
HALL 2
MEN'S

RESTROOM

WOMEN'S

RESTROOM

REFUSE AREA
STO. 2
OFFICE

STORAGE

MEETING ROOM C MEETING ROOM B MEETING ROOM A

PATIO B

PATIO C
(E)

JANITOR

STORAGE
C
STO. 1

STORAGE
A

PULL-DOWN
ACCESS

TO ATTIC

STORAGE
(N) ACCESSIBLE
RESTROOM STO. 3

ELECTRICAL ELECTRICAL

STORAGE
B

LIFEGUARD

SERVICES OFFICE
(N) COMMUNITY

SERVICES
OFFICE 2
MEN'S

LAVATORY
AREA

WOMEN'S

LAVATORY
AREA
100
104
108
106
105
110
112
111
109 107
117
118 116
114 115
113
120
119
122 123
121
124
103 102 101
125
126
127
ENTRY

PATIO A

PATIO C
CL
CL
CL
CL
Capitola Community Center Remodel 012224
5 A5.3
5 A5.3

WALL LEGEND - SCOPE A
7'-8 1/4" 7'-8 1/4"
Threshold @ 76.36'

REMOVE (E)
WALLS @ RECEPTION &
ADD (N) 4X4 POST AT CORNER

SEE STRUCTURAL
(N) ACCESSIBLE counter
<34" AFF for 36" min. WIDTH
@ (N) BUILT-IN RECEPTION
DESK
(N) 4X10 HEADER

SEE STRUCTURAL
(E) EXTERIOR 2X WALL. FRM'G TO REMAIN UNLESS NOTED, DAMAGED OR DRY ROTTED. (N) INSULATION, WATERPROOFING, & CLADDING PER

DETAILS
(E) INTERIOR 2X WALL TO REMAIN
(E) INTERIOR WALL TO BE DEMOLISHED
(N) 2x INTERIOR WALL WITH ACOUSTIC BATT SOUND INSULATION, TYP.

WALL LEGEND
1 SCALE: 1/4" = 1'-0"

PROPOSED FIRST FLOOR PLAN

SCOPE A
SCOPE A: FLOOR PLAN SUMMARY:

1. ALL EXTERIOR ENVELOPE REPAIRS & IMPROVEMENTS INCLUDING

WORK AT EXTERIOR WALLS, ROOF, ROOF WELLS, PORCH ROOFS,

RAFTERS, CONCRETE COLUMNS AND STUCCO WALLS AS INDICATED IN DRAWINGS & SPECIFICATION.

2. (N) EXTERIOR WINDOWS, DOORS, TRIM ETC PER DETAILS.

3. (N) POSTS, BEAM, SIDE WALLS & ROOF AT FRONT ENTRY (SEE STRUCTURAL).

4. PREP, PATCH & REPAIR OR REPLACE GYP BD AT INSIDE OF EXTERIOR

WALLS WHERE NEEDED

SCOPE A

SCOPE A
135
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A8.2
Plotted On: 2/7/24
2/7/24

AS NOTED

INTERIOR COLORS & FINISHES
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION ***

MEETING ROOM B MEETING ROOM A
& ENTRY/ HALLWAYS

MEETING ROOM C

FLOORING WALLS COLORSFLOORING
WALLS
COLORS

FLOORING WALLS COLORS

MARMOLEUM

FLOORING

TILE IN HALL,

KITCHEN
& RESTROOMS

MARMOLEUM

FLOORING

MARMOLEUM

FLOORING

WARM WOOD

ACCENTS

MIXED WOOD ACCENTS COOL WOOD

ACCENTS

ORIGINAL WHARF
WOOD WALL @

LOBBY &

RECEPTION
DESK

COLOR WALL

HIGHLIGHTS &

ACOUSTIC PANELS

COLOR WALL

HIGHLIGHTS &

ACOUSTIC PANELS

COLOR WALL

HIGHLIGHTS &

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A4.0
Plotted On: 2/7/24
2/7/24

AS NOTED

PROPOSED BUILDING ELEVATIONS
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION *** AABBCCDDEEFFGGHHJJKKLLMMNN00
--------
±0"
1 FIRST FLOOR
+8'-3 3/8"
2 PLATE HEIGHT
+10'-1"
3 TRUSS HEIGHT
21'-5 13/64"
7'-9 7/8" 1'-10 1/32"
22'-9 13/32"
8'-10 5/64"
7'-10 49/64"
12'-7 25/64"
1 42442442424
5 5
5 5
6C 6B 6B 6A 7
7 7
7 7
88 8
8 S5 S4
S3
9 9
9 ALIGN HORIZONTAL SIDING

JOINT WITH TOP OF
STOREFRONT, TYP.
00NNMMLLKKJJHHGGFFEEDDCCBBAA
1 A5.3
--
--
±0"
1 FIRST FLOOR
+8'-3 3/8"
2 PLATE HEIGHT
+10'-1"
3 TRUSS HEIGHT
15'-9 15/16"
22'-9 7/16"
9'-4 7/16"
21'-3 11/16"
21'-3 9/16"
123456
1 1
11 1
2 2
2 2
2 2
2 233
555
5 6A 6B 6C 74474
8 8
8 8
8 8
8 W21 W20
W19 W18 W17 W16 W15 W14
W13 W12
W8 W7 W6 W5
S1
D18
9 9
9 9
9 STANDING SEAM METAL ROOF
FIBER CEMENT 6" HORIZONTAL SIDING MODULE PANEL WHITE/ WARM GREY COLOR FIBER CEMENT 6" HORIZONTAL SIDING MODULE PANEL 'WOOD' FINISH. tbd, OR EQUAL
EXPOSED CONCRETE COLUMNS. SANDBLAST (E) TO EXPOSE

WOOD RAFTERS AND BEAMS WITH METAL CAPS
FIBER CEMENT 6" VERTICAL SIDING. PAINT FINISH. COLORS SHOWN ON A8.3: COLOR 6A AT EXTERIOR PATIO A, COLOR 6B AT EXTERIOR PATIO B AND ENTRY WALL, COLOR 6C AT EXTERIOR PATIO C.
(E) STUCCO WALL TO BE REPAIRED AND REPAINTED
(N) 2" DIAMETER GALVANIZED STAINLESS STEEL DOWNSPOUTS AT FACE OF BUILDING. PAINT TO MATCH ADJACENT SIDING COLOR.
(N) horizontal siding joint location ALIGN WITH TOP OF STOREFRONT, TYP.

UNLESS NOTED

EXTERIOR ELEVATION LEGEND
ALIGN

SIDING JOINT

TO MULLION
ALIGN

SIDING JOINT

TO MULLION
1 SCALE: 1/4" = 1'-0"

PROPOSED SOUTH ELEVATION
2 SCALE: 1/4" = 1'-0"

NORTH ELEVATION
SCOPE A: EXTERIOR ELEVATIONS SUMMARY:
*ALL WORK SHOWN IS INCLUDED IN SCOPE A

1. ALL EXTERIOR ENVELOPE REPAIRS & IMPROVEMENTS INCLUDING

WORK AT EXTERIOR WALLS, ROOF, ROOF WELLS, PORCH ROOFS,

RAFTERS, CONCRETE COLUMNS AND STUCCO WALLS AS INDICATED IN DRAWINGS & SPECIFICATION.

2. (N) EXTERIOR WINDOWS, DOORS, TRIM ETC PER DETAILS.

3. (N) POSTS, BEAM, SIDE WALLS & ROOF AT FRONT ENTRY (SEE STRUCTURAL).

4. REPLACE (E) BUILT-UP FLAT ROOFS AT WELLS WITH (N) SINGLE-PLY MEMBRANE COOL ROOF PER DETAILS.

5. EXTEND EAVES TO COVER RAFTER ENDS, TYP. WHERE SHOWN PER

DETAILS

6. (N) STANDING SEAM ROOF, UNDERLAYMENTS, FLASHING, INSULATION, GUTTERS & DOWNSPOUTS PER DRAWINGS.

SCOPE A

SCOPE A
137
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A4.1
Plotted On: 2/7/24
2/7/24

AS NOTED

PROPOSED BUILDING ELEVATIONS (CONT)
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION *** 11223344556677889910
10 11
11 ----
±0"
1 FIRST FLOOR
±0"
1 FIRST FLOOR
+8'-3 3/8"
2 PLATE HEIGHT
+8'-3 3/8"
2 PLATE HEIGHT
+10'-1"
3 TRUSS HEIGHT
+10'-1"
3 TRUSS HEIGHT
7'-10 19/64"
14'-3 5/16"
8'-4 43/64"
9'-1 29/32"
21'-7 1/16"
14'-0 5/64"
8'-10 7/16"
W23 W22
S2
W3
1234567
1 1
1 2
2 3
43443434
5 5
5 6B 6A 6A 7
7 7
8 8
8 8
8 8 W2 W1
9 9
9 EXTERIOR ELEVATION LEGEND

STANDING SEAM METAL ROOF
FIBER CEMENT 6" HORIZONTAL SIDING MODULE PANEL WHITE/ WARM GREY COLOR FIBER CEMENT 6" HORIZONTAL SIDING MODULE PANEL 'WOOD' FINISH. tbd, OR EQUAL
EXPOSED CONCRETE COLUMNS. SANDBLAST (E) TO EXPOSE

UNLESS NOTED
11 11
10 10
998877665544332211
--
±0"
1 FIRST FLOOR
±0"
1 FIRST FLOOR
+8'-3 3/8"
2 PLATE HEIGHT
+8'-3 3/8"
2 PLATE HEIGHT
+10'-1"
3 TRUSS HEIGHT
+10'-1"
3 TRUSS HEIGHT
15'-9 15/16"
7'-11 9/16"
10'-1"
22'-9 7/16"
7'-3 7/8" 1'-10 1/16"
14'-1/4"
8'-10 1/4"
W25 W24
W4
D0 S6 1
1 1
2 33222
3 77
7 44444
5 5
5 6C 6C 6B
8 8
8 8
8 99
1 SCALE: 1/4" = 1'-0"

PROPOSED EAST ELEVATION
2 SCALE: 1/4" = 1'-0"

PROPOSED WEST ELEVATION
SCOPE A: EXTERIOR ELEVATIONS SUMMARY:
*ALL WORK SHOWN IS INCLUDED IN SCOPE A

1. ALL EXTERIOR ENVELOPE REPAIRS & IMPROVEMENTS INCLUDING

WORK AT EXTERIOR WALLS, ROOF, ROOF WELLS, PORCH ROOFS,

RAFTERS, CONCRETE COLUMNS AND STUCCO WALLS AS INDICATED IN DRAWINGS & SPECIFICATION.

2. (N) EXTERIOR WINDOWS, DOORS, TRIM ETC PER DETAILS.

3. (N) POSTS, BEAM, SIDE WALLS & ROOF AT FRONT ENTRY (SEE STRUCTURAL).

4. REPLACE (E) BUILT-UP FLAT ROOFS AT WELLS WITH (N) SINGLE-PLY MEMBRANE COOL ROOF PER DETAILS.

5. EXTEND EAVES TO COVER RAFTER ENDS, TYP. WHERE SHOWN PER

DETAILS

6. (N) STANDING SEAM ROOF, UNDERLAYMENTS, FLASHING, INSULATION, GUTTERS & DOWNSPOUTS PER DRAWINGS.
138
Item 8 D.

DATE
Job:

Sheet
Date:

Scale:

Drawn:

REVISIONS
7/31/23

CONCEPTUAL

DESIGN SET
10/03/23

MINOR DESIGN

PERMIT SET
50% CD SET 10/30/23
95% CD SET 01/31/24
BY
A8.1
Plotted On: 2/7/24
2/7/24

AS NOTED

EXTERIOR COLORS & FINISHES
CAPITOLA COMMUNITY CENTER REMODEL4400 JADE STREETCAPITOLA, CA 95010 SEAL
/Users/katerhein/Dropbox/-Capitola Community Center Remodel/Drawings/Capitola Community Center Remodel 013124.pln ARCHICAD MASTERTEMPLATE [TM] BY BOBROW CONSULTING GROUP | ALL RIGHTS RESERVED | www.bobrow.com | www.archicadtemplate.com

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

EXACTLY, THIS DRAWING WILL HAVE

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

THE ARCHITECT MUST BE NOTIFIED

OF ANY DISCREPANCY IN

DIMENSIONS, FIELD CONDITIONS OR

OTHER INFORMATION THAT IS

CONTAINED IN AND/OR DIFFERS
FROM THESE DOCUMENTS.

THESE DOCUMENTS ARE THE

PROPERTY OF THE ARCHITECT AND

MAY NOT BE USED OR

REPRODUCED WITHOUT WRITTEN
CONSENT. THE ARCHITECT

DISCLAIMS ANY RESPONSIBILITY

RESULTING FROM UNAUTHORIZED
USE.

DATE OF THE EARLIEST CONTRACT

THROUGH CONSTRUCTION
DOCUMENTS.
2837 MISSION ST | SANTA CRUZ CA 95060
*** PRELIMINARY DRAWINGS ONLY - NOT FOR CONSTRUCTION ***

PROPOSED EXTERIOR FINISHES
COLOR

ACCENTS AT
ENTRYS

CONCRETE
PIERS

CLEAN LIGHT
GREY

HORIZONTAL
SIDING

WOOD RAFTERS
& BEAMS
(N) STANDING SEAM ROOF

BLACK FRAME

WINDOWS &
DOORS
'WOOD' FIBERCEMENT

SIDING AT
ENTRY

VIEW FROM NW CORNER

VIEW FROM SW CORNER VIEW FROM SE CORNER

VIEW OF SOUTH PATIO B VIEW OF NORTH ENTRY

EXISTING EXTERIOR VIEWS

PROPOSED EXTERIOR VIEWS COLOR BOARD & MATERIALS

HIGHLIGHT PAINT COLORS AT PATIO
DOORS
STANDING SEAM METAL ROOF:

OCEAN
SCOPE A: EXTERIOR COLOR & FINISHES SUMMARY:
*COLORS AND FINISHES SHOWN ON THIS SHEET RELATE TO WORK INCLUDED IN SCOPE A

SAND BLASTED CONCRETE COLUMNS

CAPITOLA WHARF

PATIO C
(PAINT COLOR 6C

BLUFFS/ COMMUNITY

PATIO B & ENTRY WALL
(PAINT COLOR 6B)

WHARF/ BEACH

PATIO A
(PAINT COLOR 6A)
OCEAN/

CONTEMPLATION
"SPRUCE"

VINTAGE WOOD SERIES- NICHIHA

FIBER CEMENT SIDING

CAPITOLA WHARF

GREY FIBER

CEMENT SIDING

CAPITOLA WHARF

MILGARD, OR EQUAL ALUMINIUM

WINDOWS

BRONZE ANODIZED
139
Item 8 D.

CAPITOLA COMMUNITY CENTER
"WAVE" CONCRETE
PAVING

FREESTANDING BENCH WITH
WOOD TOP (TYP. OF 7,

LENGTH VARIES)

CONCRTE TERRACED SEATING
(2) 6-INCH RISERS
(2) 30-INCH TREADS (SEATS)

RETAINING BENCH WITH
WOOD TOP (TYP. OF 2,

LENGTH VARIES)

DECORATIVE CONCRETE

RETAINING WALL WITH
"FOSSIL" HORIZONS

CAPITOLA COMMUNITY CENTER
4400 JADE STREET, CAPITOLA CA
ORIGINAL SHEET SIZE: 24" X 36"
515 SWIFT ST. SANTA CRUZ CA 95060
PHONE 831.423.6040 | WWW.JLJA.COM
California Landscape Architect License 3163 SHEET TITLE:

DRAWN BY:

DATE:

SCALE:

ND/ED
01/31/2024
PROJECT: REVISIONS AND RECORD OF ISSUE:

NO.

1. 2.3.4.5.6.

DATE DESCRIPTION
10/03/2023 MINOR DESIGN PERMIT

NOT FOR CONSTRUCTION
10/27/2023 50% CD
L1.0D LANDSCAPE MATERIALS PLAN

SYMBOL DESCRIPTION

DECORATIVE GRAVEL
LEGEND

EXISTING TREE TO REMAIN

MAJOR CONTOUR, EXISTING

MINOR CONTOUR, EXISTING

ROOF OVERHANG, REFER TO ARCHITECTURAL

DRAWINGS

TREE, REFER TO PLANTING PLAN

PA PLANTING AREA, REFER TO PLANTING PLAN
PA
PA
8-INCH WIDE RETAINING WALL, HEIGHTS VARY
RETAINING BOULDERS, 2'-0" TO 5'-0" DIA.

BIKE RACKS (PART OF SCOPE B)
WASTE RECEPTACLE (3 TOTAL)
"PLANK" CONCRETE PAVING
· LINEAR TOOLED JOINTS AT 12" W X 48" TO 60" L

RUNNING BOND RANDOM PATTERN
· INTEGRAL COLOR, BROWN, TBD
· MEDIUM BLOOM FINISH

WHEELCHAIR

SEATING SPACE
PA
PA
PA
PA
PA
SCALE: 1"=10-0"
0 5' 10' 20'
PA
1" = 10'-0"
2 L1.4D

METAL PLAQUE ON

BOULDER

PUBLIC ART
OPPORTUNITY - N.I.C.

PATH TO PLAYGROUND -

FINAL LAYOUT TBD
2 L1.1D

CONCRETE SEAT WALL

AT STAGE
1 L1.1D
8-INCH WIDE CONCRETE

RETAINING WALL DETAIL
3-INCH LAYER WOOD CHIP MULCH,
SECTION 32 9300 - PLANTING MATERIALS
2 L1.5D

RETAINING BENCH WITH
WOOD TOP (TYP. OF 2

LENGTH VARIES)
1 L1.3D
CONCRETE PAVING, SEE NOTE 4, THIS SHEET
· SAWCUT JOINTS
· MEDIUM BROOM FINISH

METAL HEADER

LIGHT POST

STABILIZED DECOMPOSED GRANITE

WHEELCHAIR

SEATING SPACE
PA
PA

DECORATIVE CONCRETE RETAINING WALL WITH
"FOSSIL" HORIZONS
5 L1.4D

GRAVEL BAND AT GRASS
DETAIL
2 L1.5D

FREESTANDING BENCH
WITH WOOD TOP (TYP.

OF 7, LENGTH VARIES)
6 L1.4D
DECORATIVE IRON DRAIN GRATES (2 TOTAL), REFER

TO CIVIL PLANS
(1) RADIUS
(1) SQUARE

LINEAR (PART OF SCOPE B)
3 L1.4D

SALVAGED WHARF PILE

DECORATIVE TRENCH

RADIUS GRATE
2 L1.5D
3 L1.3D

DECORATIVE

GRAVEL DETAIL
1 L1.4D

STONE WATER FEATURE
DETAIL

DECORATIVE SQUARE GRATE
2 L1.5D
3 L1.1D
01/31/2024 90% CD - DEUCT ALERNATE 1
T:\PROJECTS\23-150.BLR-Capitola Community Ctr Renov\Drawings\CCC Landscape.dwg, L1.0D Landscape Materials Plan, 2/6/2024 10:37:39 PM, Erica Drew, AutoCAD PDF (Smallest File).pc3, ARCH D (36.00 x 24.00 Inches), 1:1

MONUMENT SIGN
(PART OF SCOPE B)

BIKE RACK (PART OF SCOPE B)
1 L1.5D

PREFABRICATED

MESSAGE BOARD
DETAIL

EXISTING

PLAYGROUND

BASEBALL PITCH

LIMIT OF WORK
"WAVE" CONCRETE PAVING
· INTEGRAL COLOR
· CURVED COLD JOINTS
· SALT FINISH
2 L1.3D

RETAINING

BOULDER DETAIL
4 L1.4D

METAL HEADER DETAIL
4 L1.3D

STABILIZED DECOMPOSED

GRANITE PAVING DETAIL
NOTES:

1. REFER TO CIVIL DRAWINGS FOR CONCRETE, BASE, REINFORCING, AND JOINT DETAILS, AND SECTION 32 1313 - CONCRETE PAVING.

GRAVEL BAND AT GRASS
RELOCATE (2) EXISTING

LIGHT POSTS TO OUTSIDE

OF NEW WALL, PAINT

BLACK TO MATCH
ARCHITECTRUAL TRIM.

CONFIRM ALL LIGHT POSTS

TO BE RELOCATED AND

PAINTED WITH LANDSCAPE

ARCHITECT PRIOR TO
WORK. REFER TO SECTION
09 9113 - EXTERIOR
PAINTING.
2 L1.5D

FREESTANDING BENCH

WITH WOOD TOP
(7) EXISTING LIGHT POSTS TO REMAIN,

PAINT BLACK TO MATCH
ARCHITECTRUAL TRIM. CONFIRM ALL

LIGHT POSTS TO BE PAINTED WITH

LANDSCAPE ARCHITECT PRIOR TO
PAINTING. REFER TO SECTION 09 9113
- EXTERIOR PAINTING.

WASTE RECEPTACLE
(3 TOTAL)
2 L1.5D

FREESTANDING BENCH WITH

WOOD TOP
140
Item 8 D.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: Memorandum of Understanding with Police Captains Employee Group
Recommended Action: 1) Authorize the City Manager to execute a successor agreement to the existing Memorandum of Understanding with negotiated changes for the Police Captain employee group; and 2) adopt a resolution approving the updated salary schedule, effective July 21, 2024.

Background: The City of Capitola’s employees are divided into five bargaining groups, with associated agreements. The City’s Employee Memoranda of Understanding (MOUs) expired 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. 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. Four of the City’s five bargaining groups have signed contracts through June 30, 2027.

Discussion: On June 28, 2024, the Police Captain employee group tentatively agreed with the City’s offer and signed a tentative agreement on July 8. The proposed MOU includes significant formatting changes.

Rather than a red-lined document, the MOU is included as Attachment 1 with the 2021 – 2024 MOU as Attachment 2 for comparison.

Fiscal Impact: In fiscal year 2024-25, the estimated fiscal impact of the negotiated changes to the Police Captain Employee MOU is $18,750. This total includes $12,750 in Cost of Living Adjustments (COLAs); and $6,000 in healthcare contributions.

Attachments:

1. Proposed 2024 – 2027 MOU

2. 2021-2024 MOU

3. Proposed Resolution with Exhibit A: Salary Schedule
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Finance Director; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
141
Item 8 E.
1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

POLICE CAPTAINS AND CITY OF CAPITOLA
TERM: 7/25/2024 – 6/30/2027
Contents
SECTION I: PERSONNEL RULES...........................................................................................................................3 SECTION II: SALARY..................................................................................................................................................3 Accruals for Part Time Positions.......................................................................................................................3 Beginning Salary Rates........................................................................................................................................3 Advancement within the Schedule....................................................................................................................3

1. Probationary advancement .......................................................................................................................3

2. Regular Merit advancement ......................................................................................................................4

3. Special Merit advancement .......................................................................................................................4

4. Denial of advancement ..............................................................................................................................4 Effective Date of Pay Increase............................................................................................................................4 Promotion to New Position..................................................................................................................................4 Pay Increase Schedule .........................................................................................................................................4 Service ......................................................................................................................................................................5 Types of Appointment...........................................................................................................................................5

1. Probationary appointment..........................................................................................................................5

2. Regular appointments. ...............................................................................................................................5

3. Acting appointments...................................................................................................................................5 SECTION III: VACATION............................................................................................................................................5 Accrual......................................................................................................................................................................5 Accumulation ..........................................................................................................................................................5 Vacation Cash Out Upon Termination..............................................................................................................6 Vacation Cash Out Before Termination............................................................................................................6 Accruals after Date of Separation......................................................................................................................6 SECTION IV: HOLIDAYS & LEAVE .........................................................................................................................6 Holidays....................................................................................................................................................................6 Personal Holidays..................................................................................................................................................6 Administrative Leave Accrual ............................................................................................................................7 Bereavement Leave ...............................................................................................................................................7 Family & Medical Leave Act of 1993 .................................................................................................................7 Jury Duty..................................................................................................................................................................7 SECTION V: SICK LEAVE.........................................................................................................................................7 Sick Leave Accrual/Medical Report ..................................................................................................................7 Sick Leave Cash Out.............................................................................................................................................7 SECTION VI: LIFE INSURANCE...............................................................................................................................7 142
Item 8 E.
2 SECTION VII: PHYSICAL EXAMINATIONS............................................................................................................8 SECTION VIII: BENEFITS..........................................................................................................................................8 Flexible Spending Arrangement Contributions .............................................................................................8

1. City Contribution: ........................................................................................................................................8

2. Opt-Out: .......................................................................................................................................................8 Retirement Benefits: California Public Employees’ Retirement System (CalPERS)............................8

1. Classic Sworn Employees.........................................................................................................................8

2. Public Employees’ Pension Reform Act (PEPRA).................................................................................9 SECTION IX: INCENTIVE PROGRAMS..................................................................................................................9 Education Reimbursement Program ................................................................................................................9

1. State supported California colleges and universities:............................................................................9

2. Private colleges and universities:.............................................................................................................9 Education Incentive Pay ......................................................................................................................................9 Longevity Pay .........................................................................................................................................................9 Uniform Allowance ..............................................................................................................................................10 Bilingual Pay.........................................................................................................................................................10 City Manager Declared Emergency Hourly Pay...........................................................................................10 Mileage Reimbursement.....................................................................................................................................10 SECTION X: MISCELLANEOUS.............................................................................................................................10 Workers Compensation......................................................................................................................................10 Personnel Rules ...................................................................................................................................................10 Grievance Procedure ..........................................................................................................................................10

1. Definition ....................................................................................................................................................10

2. Department Review and Adjustment of Grievances ...........................................................................10

3. Effect of Failure of Timely Action ...........................................................................................................11

4. Limitation on Stale Grievances ...............................................................................................................11

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

POLICE CAPTAINS AND CITY OF CAPITOLA
TERM: 7/25/2024 – 6/30/2027
This Memorandum of Understanding (MOU) shall become effective upon ratification by the Police Captains (Employees) and approval by the City of Capitola City Council. This MOU shall be in 143
Item 8 E.
3 effect from ratification to June 30, 2027.

Should an increase of the POA cost of living be more than the Captain’s salary adjustment for that contract year, the Captain’s salary shall be adjusted by the increased amount and such adjustment shall occur at the time the POA adjustment is implemented. It also is the City’s goal to maintain a minimum 15% differential in compensation between a top step Sergeant and a top step Captain taking into account salary, education incentive pay, shift differential and longevity pay. Probation for the position of Captain shall be six months.

SECTION I: PERSONNEL RULES
The Personnel Rules and Regulations of the City of Capitola, existing or hereafter adopted, are not altered, changed or modified unless by explicit provisions of this MOU.

SECTION II: SALARY
Attached hereto is a salary schedule applicable to Police Captains. The wage schedules contained in, or attached to, this Memorandum of Understanding set forth the base pay, subject to such adjustments (such as longevity pay) as are specifically set forth in this MOU. Letters, such as "A" to "F", designate the respective pay steps for each position. The rates contained in the wage schedule do not include overtime or benefits.

Whenever it is necessary to compute an hourly pay rate in order to apply a 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).

Accruals for Part Time Positions
When a position is less than full time it will be classified by a fraction. For example, “half-time” regular employment is expected to average 20 hours per week; “three-quarters” employment is expected to average 30 hours per week. Vacation accrual, sick leave accrual, Flex Plan contributions, holidays, personal holidays are paid or accrued according to these classifications.

Thus, compared to a full-time employee, a half- time employee, even if actual time occasionally exceeds or falls below 20 hours in a week, when compared to a full-time employee: receives onehalf the Flex Plan contribution: accrues one-half the number of hours of vacation or sick leave; and is paid for four hours on a holiday or personal holiday.

Beginning Salary Rates
A new employee’s base pay shall be computed by using the rate shown as step “A” in the schedule allocated to the class of employment for which the employee has been hired, except that upon recommendation of the department head under whom the employee will serve and with the approval of the City Manager, such new employee may be employed at a higher step, depending upon the employee’s qualifications.

Advancement within the Schedule
The following provisions govern salary advancement within the schedule:

1. Probationary advancement
Upon successful completion of probation, an employee (except an employee that was hired at the top step) will advance one step. Probation for classifications within this Unit is 6- 144
Item 8 E.
4 months.

2. Regular Merit advancement
An employee may be considered for advancement upon completion of the minimum length of service specified for step increases. Unless specifically otherwise stated, this will be 12 months for full-time appointments and proportionately adjusted for other appointments. For instance half-time appointments will be evaluated for regular merit adjustments every 24 months. Advancement to higher steps shall be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of the position held.

3. Special Merit advancement
When an employee consistently demonstrates exceptional ability and proficiency in the performance of assigned duties, the supervising department head may recommend to the City Manager that said employee be advanced to higher pay step without regard to the minimum length of service provisions contained in this resolution. The City Manager may approve and effect such advancement.

4. Denial of advancement
When an employee has not been approved for advancement to the next higher wage step, such employee may be reconsidered for such advancement after the completion of three months of additional service.

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

Promotion to New Position
When an employee is promoted to a position in a higher classification, such employee shall be assigned to step “a” in the appropriate schedule for the higher classification. However, if such employee is already being paid at a rate equal to or higher than step “A”, he/she shall be placed in the step in the appropriate salary schedule which will grant such employee a salary increase of not less than 5%.

Pay Increase Schedule
Effective upon 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 3.0%.

Effective the first full pay period of July 2025, the salary range for each classification in this Unit shall be readjusted by 3.0%.

Effective the first full pay period of July 2026, the salary range for each classification in this Unit shall be readjusted by 3.0%.

Equity Adjustments – Contingent
If the City tax measure on the November 2024 ballot passes, the below classification 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.  Captain 8%
145
Item 8 E.
5 Service
The word “service” as used in this Memorandum of Understanding 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.

Types of Appointment
The following types of appointment may be either full-time, as established by the City Manager:

1. Probationary appointment
A probationary appointment is for a specified period of time, during which job performance is evaluated as a basis for subsequent regular appointment.

2. Regular appointments.

Positions intended to be seasonal, of a limited term, on call only, emergency, intermittent, substitute, or on any other irregular basis are not “regular.” The positions set forth in the wage schedule are all regular positions, and unless specifically stated, the pay rate is applicable to a full-time position. All positions covered by the section are half time or more.

3. Acting appointments.

An acting appointment occurs when an employee is temporarily assigned to, and performs all the 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.

SECTION III: 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
Accumulation
An employee, may generally not accumulate more than 540 hours of vacation, but instead each year must cash out, pursuant to Sections 4C and 4D below, all accumulated vacation in excess of

67.5 days (540 hours), except that an employee who had accumulated more than 67.5 vacation days (540 hours) as of 6/30/94 may maintain that level: provided, however, that if accumulated vacation falls below 67.5 days (540 hours), the provisions of (B) (1), above shall thereafter apply. 146
Item 8 E.
6 Vacation Cash Out Upon Termination
An employee who has unused vacation and who leaves the City service for any reason will not continue to accrue vacation after the last day of regular on-the-job employment (separation date) and will be paid at the then applicable rate for all accumulated but unused vacation leave to the date of separation.

Vacation Cash Out Before Termination
Employee will be eligible to convert up to 40 hours per fiscal year of accumulated vacation time to cash. The payout rate is calculated by converting Employee’s salary, at the rate applicable on the cash out date, to an hourly rate in the manner set forth in attached section 2 of Standard MOU Provisions.

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 the insurance described in Section 16 of the Standard MOU.

SECTION IV: HOLIDAYS & LEAVE
Holidays
There shall be thirteen (13) holidays granted annually for the life of the MOU. The holidays to be observed during the 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 7/04/
Labor Day *
Indigenous Peoples Day *
Veterans’ Day 11/11/
Thanksgiving Day *
Friday Following Thanksgiving *
Christmas Day 12/25/
*These Holidays are taken at the same time as the federal holiday is scheduled. 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.

Personal Holidays
All regular positions are entitled to three (3) personal holidays per calendar year. Unused Personal 147
Item 8 E.
7 Holidays are not cumulative.

Administrative Leave Accrual
As an exempt employee, those employees in the Captain classification are entitled to ten (10) 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.

Bereavement Leave
Leave of absence with pay because of death in the immediate family of an employee shall be granted 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, mother-inlaw, father-in-law and grandparents, and any individual to whom an employee is serving in Loco Parentis.

Family & Medical Leave Act of 1993
The City shall follow the provisions provided for family leave as specified in the federal Family & Medical Leave Act of 1993, and the state Family Rights Act as it applies to public employees.

Jury Duty
Leave of absence with pay shall be granted to Employee while serving on jury duty. Any jury fee awarded shall be deposited with the City Treasurer.

SECTION V: SICK LEAVE
Employees have the right under federal and state law (see Section 17 below) to be absent from regularly scheduled work without being reprimanded, disciplined, or discharged. They may also have additional rights under their MOUs. "Sick leave" as used herein refers to an employee's rights to be compensated, by means other than Workers Compensation benefits, while on medical leave or where so allowed, by specific provisions in the MOU, such as bereavement leave.

Sick Leave Accrual/Medical Report
Sick leave accrues on a prorated basis, based upon a 30-day month. Twelve days (96 hours) accrue each calendar year.

Sick Leave Cash Out
Employees shall have no right to cash out any sick leave.

SECTION VI: LIFE INSURANCE
148
Item 8 E.
8 The City will provide term life insurance in the amount of $50,000 and long-term disability insurance to date of separation.

SECTION VII: PHYSICAL EXAMINATIONS
The City, in conjunction with the comprehensive health care insurance program, will provide an annual physical examination for Employee only. City will pay the amount not covered by the health care program.

SECTION VIII: BENEFITS
Flexible Spending Arrangement Contributions
The City makes a flexible spending arrangement ("Flex Plan") contribution on behalf of each qualified employee. For those employees who have selected health coverage through PERS, from the monthly contribution set forth herein 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. For all employees the City will no longer charge to the employee the $1.50 per paycheck plan fee.

The City reserves the option of adding additional health care plans, as they may become available.

1. City Contribution:

Effective Date Employee Only Employee +1 Employee +2
First full pay period
after Council
ratification
$1,000 $1,850 $2,250
Starting July 1, 2025 $1,050* $1,925* $2,350*
Starting July 1, 2026 $1,150* $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.

Retirement Benefits: California Public Employees’ Retirement System (CalPERS) The City participates in the California Public Employees Retirement System (CalPERS) operated by the State of California.

1. Classic Sworn Employees
Benefits provided are detailed in separate publications, depending upon the plan. City agrees to provide 3% at 50 Retirement Plan for Classic Safety employees in the Unit. 149
Item 8 E.
9 Beginning July 1, 2018, all Classic Sworn employees shall contribute 14.974% of their reportable salary to CalPERS. This contribution shall not be reduced unless negotiated by the parties in future negotiations.

2. Public Employees’ Pension Reform Act (PEPRA)
For new safety employees hired by the City of Capitola on or after January 1, 2013 and who do not qualify as classic members as defined by PERS, are considered PEPRA employees.

CalPERS has by statute implemented a 2.7% @ 55 pension formula, based on a threeyear average compensation. Employees in this category shall pay 50% of the normal cost rate as determined by PERS
SECTION IX: INCENTIVE PROGRAMS
Education Reimbursement Program
The City will reimburse employees for tuition and textbooks upon the completion of courses approved in advance by the City Manager in accordance with the following schedule:

1. State supported California colleges and universities:
100% tuition and textbook reimbursement.

2. Private colleges and universities:
100% of tuition or the cost of tuition of the University of California, whichever is less.

Textbook reimbursement will be at 100%.

Education Incentive Pay
Upon satisfactory completion of 50% of an applicable Masters's Degree as determined by the City Manager, or 50% of P.O.S.T. Command College, the employee shall receive a salary increase equal to 5% of base pay. The employee shall submit to the City Manager a list of courses and credits, together with transcripts to verify the acquisition of claimed credits. Satisfactory completion shall mean a grade of “C” or better in any course. For Command College employee shall submit verification of enrollment and a program schedule to the City Manager. The City Manager will determine at what point in the schedule delineates 50% completion of the program.

Longevity Pay
Employees having 10 consecutive years of full-time employment with the City of Capitola are eligible for a 5% longevity enhancement, which shall be applied to base salary. Employees having 15 consecutive years of full-time employment with the City of Capitola are eligible for an additional compounded 5% longevity enhancement.

If the City tax measure on the November 2024 ballot passes, the following longevity schedule shall replace the currently written Longevity Pay Incentive:

Upon completing years of service with the City, an employee’s base pay shall be increased as follows:
 10 years’ service – 5%
 15 years’ service – additional 3%, compounded
 20 years’ service – additional 2%, compounded
Current members of the Unit (as of June 2024) will receive longevity as currently written, regardless of the November 2024 election results.
150
Item 8 E.
10 Uniform Allowance
Effective the first full pay period upon ratification by the City Council, each year Employer shall pay $38.00 per pay period as and for a uniform allowance.

Employer has made no representation as to the tax treatment of such allowance.

Compensation paid or the monetary value for the purchase, rental and/or maintenance of required uniforms will be reported to CalPERS, to the extent allowable by CalPERS.

Bilingual Pay
Upon the recommendation of the Chief of Police or their designated representative and the approval of the City Manager, positions designated as requiring fluency in a language other than English shall receive an additional five percent (5%) salary adjustment.

City Manager Declared Emergency Hourly Pay
Captains will receive pay for hours worked during a City Manager declared state of emergency.

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

SECTION X: MISCELLANEOUS
Workers Compensation
Workers Compensation is payable as provided in the California Labor Code.

Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of the 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.

Grievance Procedure

1. Definition
Until modified by adoption of City-wide Personnel Rules, grievance is defined as an allegation by an employee or group of employees that the Employer has failed to provide a condition of employment, which is established by law, Compensation Plan, by an pertinent written City or departmental rules, provided that the enjoyment of such right is not made subject to the discretion of the Employer by the terms of this Compensation Plan and, provided further, that if the grievance pertains to "conditions of employment" the subject is a matter that is within "scope of representation" as defined in California Government Code Section 3504.

2. Department Review and Adjustment of Grievances
The following is the procedure to be followed in the resolution of grievances.

Employee shall have the right to consult with and be assisted by a representative of his own choice in this and all succeeding steps of this section and may thereafter file a grievance in writing with the immediate supervisor. Within five actual working days after receipt of any written grievance, the immediate supervisor shall return a copy of the written grievance to Employee with his/her answer thereto, in writing.

If the grievance is not resolved at the first level, Employee shall have five actual working days 151
Item 8 E.
11 after receipt of the answer within which to file an appeal with the City Manager.

The City Manager shall have five actual working days in which to review, and if necessary, hold hearings, and answer the grievance in writing. Unless waived by the mutual agreement of Employee or his representative and the City Manager, a hearing is required at this step, and Employee, and his representative, shall have the right to be present and participate in such hearing. The time limit at this step may be extended by mutual agreement between the City Manager and Employee or his representative.

3. Effect of Failure of Timely Action
Failure of Employee to file an appeal within the required time limit at any step shall constitute an abandonment of the grievance. Failure of the Employer to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.

4. Limitation on Stale Grievances
A grievance shall be void unless presented within thirty (30) calendar days from the day upon which the Employer has allegedly failed to provide a condition of employment, or within thirty (30) calendar days from the time at which an employee might reasonably have been expected to learn of such alleged failure to provide. In no event shall any grievance include a claim for salary or similar monetary relief for more than the thirty-day period plus such reasonable discovery period.

CITY OF CAPITOLA
Jamie Goldstein, City Manager
By: Date:

EMPLOYEES
Police Captain
By: Date:
152
Item 8 E.
1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

POLICE CAPTAINS AND CITY OF CAPITOLA
PERIOD RATIFICATION – 6/30/2024
This Memorandum of Understanding (MOU) shall become effective upon ratification by the Police Captains (Employees) and approval by the City of Capitola City Council. This MOU shall be in effect from ratification to June 30, 2024.

In recognition of the need to prevent compaction between the Captains and the Police Officer Association (POA) employees, the Captains shall not receive less than the cost of living adjustments received by the Police Officers Association for any given year under consideration. Should an increase of the POA cost of living be more than the Captains salary adjustment for that contract year, the Captain’s salary shall be adjusted by the increased amount and such adjustment shall occur at the time the POA adjustment is implemented. It also is the City’s goal to maintain a minimum 15% differential in compensation between a top step Sergeant and a top step Captain taking into account salary, education incentive pay, shift differential and longevity pay.

1. Personnel Rules
The Personnel Rules and Regulations of the City of Capitola, existing or hereafter adopted, are not altered, changed or modified unless by explicit provisions of this MOU.

2. Salary
A. Attached hereto is a salary schedule applicable to Police Captains.

B. Except as provided in Section 3, Employee's monthly salary shall be as shown on the attached schedule. "Salary" does not include, and is in addition to: flex plan, PERS, or other benefits to which Employee is entitled.

C. Pay Increase Schedule
Effective upon 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 3.0%.

Effective the first full pay period of July 2022, the salary range for each classification in this Unit shall be readjusted by 3.0%.

Effective the first full pay period of July 2023, the salary range for each classification in this Unit shall be readjusted by 3.0%.

In addition, upon ratification, all classifications shall receive a one-time market study salary increase of .5%.
153
Item 8 E.
2 D. Signing Bonus: All full-time employees at the time of ratification unit shall receive a one-time $1250 signing bonus, minus applicable taxes. The onetime signing bonus shall be paid the first full pay period after ratification by the Capitola City Council.

3. Longevity Pay Incentive
Employees having 10 consecutive years of full time employment with the City of Capitola are eligible for a 5% longevity enhancement, which shall be applied to base salary. Employees having 15 consecutive years of full time employment with the City of Capitola are eligible for an additional compounded 5% longevity enhancement.

4. Vacation
A. Vacation
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
(1) An employee, may generally not accumulate more than 540 hours of vacation, but instead each year must cash out, pursuant to Sections 4C and 4D below, all accumulated vacation in excess of 67.5 days (540 hours), except that
(2) An employee who had accumulated more than 67.5 vacation days (540 hours) as of 6/30/94 may maintain that level: provided, however, that if accumulated vacation falls below 67.5 days (540 hours), the provisions of (B) (1), above shall thereafter apply.

C. Vacation Cash Out Upon Termination
An employee who has unused vacation and who leaves the City service for any reason will not continue to accrue vacation after the last day of regular on-the-job employment (separation date) and will be paid at the then applicable rate for all accumulated but unused vacation leave to the date of separation.

D. Vacation Cash Out Before Termination
154
Item 8 E.
3 Employee will be eligible to convert up to 40 hours per fiscal year of accumulated vacation time to cash. The payout rate is calculated by converting Employee’s salary, at the rate applicable on the cash out date, to an hourly rate in the manner set forth in attached section 2 of Standard MOU Provisions.

5. Holidays/Personal Holidays
Holiday compensation is covered by Section 40 of the attached "Standard" and "Additional" MOU provisions, with the following exceptions:

Employee shall also be entitled to 3 personal holidays per calendar year. Unused personal holidays are not cumulative.

6. Incorporated Provisions
The following sections of the "Standard" and "Additional" MOU are attached hereto and incorporated herein: 2 (Wage Schedule/Hourly Rates), 3 (Service), 4 (Types of Appointments), 5 (Beginning Salary Rates), 6 (Advancement Within Schedule), 7 (Promotion To New Position), 9 (Personnel Rules), 10 (Effective Date of Pay Increase), 13 (Sick Leave Defined), 16 (Bereavement Leave), 17 (Family and Medical Leave Act of 1993), 19 (Accruals After Date of Separation), 22 (Drug Free Policy), 26 (Re-opener), 40 (Holidays), and 50 (Education Reimbursement).

7. Sick Leave Accrual/Medical Report
Sick leave accrues on a prorated basis, based upon a 30-day month. Twelve days (96 hours) accrue each calendar year.

8. Sick Leave Cash Out
Employees shall have no right to cash out any sick leave.

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

10. Physical Examinations
The City, in conjunction with the comprehensive health care insurance program, will provide an annual physical examination for Employee only. City will pay the amount not covered by the health care program.

11. California Public Employees’ Retirement System (CalPERS) A. Classic Sworn Employees
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. City agrees to provide 3% at 50 Retirement Plan for Classic Safety employees in the Unit. 155
Item 8 E.
4 Beginning July 1, 2018, all Classic Sworn employees shall contribute 14.974% of their reportable salary to CalPERS. This contribution shall not be reduced unless negotiated by the parties in future negotiations.

B. Public Employees’ Pension Reform Act (PEPRA)
For new safety employees hired by the City of Capitola on or after January 1, 2013 and who do not qualify as classic members as defined by PERS, are considered PEPRA employees. CalPERS has by statute implemented a 2.7% @ 55 pension formula, based on a three-year average compensation. Employees in this category shall pay 50% of the normal cost rate as determined by PERS

12. Jury Duty
Leave of absence with pay shall be granted to Employee while serving on jury duty. Any jury fee awarded shall be deposited with the City Treasurer. 13 Grievance Procedure
A. Definition. Until modified by adoption of City-wide Personnel Rules, grievance is defined as an allegation by an employee or group of employees that the Employer has failed to provide a condition of employment, which is established by law, Compensation Plan, by an pertinent written City or departmental rules, provided that the enjoyment of such right is not made subject to the discretion of the Employer by the terms of this Compensation Plan and, provided further, that if the grievance pertains to "conditions of employment" the subject is a matter that is within "scope of representation" as defined in California Government Code Section 3504.

B. Department Review and Adjustment of Grievances. The following is the procedure to be followed in the resolution of grievances.

1. Employee shall have the right to consult with and be assisted by a representative of his own choice in this and all succeeding steps of this section and may thereafter file a grievance in writing with the immediate supervisor. Within five actual working days after receipt of any written grievance, the immediate supervisor shall return a copy of the written grievance to Employee with his/her answer thereto, in writing.

2. If the grievance is not resolved at the first level, Employee shall have five actual working days after receipt of the answer within which to file an appeal with the City Manager.

3. The City Manager shall have five actual working days in which to review, and if necessary, hold hearings, and answer the grievance in writing. Unless waived by the mutual agreement of Employee or his representative and theCityManager, a hearing isrequired at this step, and Employee, and his representative, shall have the right to be present and participate in such hearing. The time limit at thisstep 156
Item 8 E.
5 may be extended by mutual agreement between the City Manager and Employee or his representative.

C. Effect of Failure of Timely Action. Failure of Employee to file an appeal within the required time limit at any step shall constitute an abandonment of the grievance. Failure of the Employer to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.

D. Limitation on Stale Grievances. A grievance shall be void unless presented within thirty (30) calendar days from the day upon which the Employer has allegedly failed to provide a condition of employment, or within thirty (30) calendar days from the time at which an employee might reasonably have been expected to learn of such alleged failure to provide. In no event shall any grievance include a claim for salary or similar monetary relief for more than the thirty-day period plus such reasonable discovery period.

14. Administrative Leave
As an exempt employee, Employee is entitled to 10 days per year of Administrative Leave (time off). Administrative Leave is non-cumulative. It may not be converted to cash.

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

16. Flexible Spending Arrangement Contributions
The City makes a flexible spending arrangement ("Flex Plan") contribution on behalf of each qualified employee. For those employees who have selected health coverage through PERS, from the monthly contribution set forth herein 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. For all employees the City will no longer charge to the employee the $1.50 per paycheck plan fee.

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, 2021 a $143.00 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.
157
Item 8 E.
6 Effective Dates Employee Only Employee +1 Employee +2 First full pay period after
ratification.
$824.00 $1339.00 $1751.00
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.

The city reserves the option of adding additional programs to the cafeteria plan, as they may become available.

17. Uniform Allowance
Effective the first full pay period upon ratification by the City Council, each year Employer shall pay $38.00 per pay period as and for a uniform allowance.

Employer has made no representation as to the tax treatment of such allowance.

Compensation paid or the monetary value for the purchase, rental and/or maintenance of required uniforms will be reported to CalPERS, to the extent allowable by CalPERS.

18. Workers Compensation
Workers Compensation is payable as provided in the California Labor Code.

19. Captain probation
Probation for the position of Captain shall be six months and shall be governed by the attached Standard MOU Provisions.
158
Item 8 E.
7 CITY OF CAPITOLA
Jamie Goldstein
City Manager
By: Date:

EMPLOYEE
Andrew Dally
Police Captain
By: Date:
159
Item 8 E.
8 EXCERPTS FROM STANDARD MOU PROVISIONS

2. Wage Schedules/Hourly Rates
The wage schedules contained in, or attached to, this Memorandum of Understanding set forth the base pay, subject to such adjustments (such as longevity pay) as are specifically set forth in this MOU. Letters, such as "A" to "F", designate the respective pay steps for each position. The rates contained in the wage schedule do not include overtime or benefits.

Whenever it is necessary to compute an hourly pay rate in order to apply an 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).

3. Service
The word “service” as used in this Memorandum of Understanding 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 reentering the service of the City shall be considered as a new employee.

4. Types of Appointment
The following types of appointment may be either full-time, as established by the City Manager:

A. Probationary appointment
A probationary appointment is for a specified period of time, during which job performance is evaluated as a basis for subsequent regular appointment.

B. Regular appointments.

A regular appointment ordinarily follows successful completion of a probationary period. “Regular” means a position that is, regardless of the number of hours worked per week, intended to be continuous and uninterrupted (except for authorized paid or unpaid leave). Positions intended to be seasonal, of a limited term, on call only, emergency, intermittent, substitute, or on any other irregular basis are not “regular.” The positions set forth in the wage schedule are all regular positions, 160
Item 8 E.
9 and unless specifically stated, the pay rate is applicable to a full-time position. All positions covered by the section are half time or more.

C. Acting appointments.

D. Accruals for part time positions.

When a position is less than full time it will be classified by a fraction.

For example, “half-time” regular employment is expected to average 20 hours per week; “three-quarters” employment is expected to average 30 hours per week. Vacation accrual, sick leave accrual, Flex Plan contributions, holidays, personal holidays are paid or accrued according to these classifications. Thus, compared to a full-time employee, a halftime employee, even if actual time occasionally exceeds or falls below 20 hours in a week, when compared to a full-time employee: receives one-half the Flex Plan contribution: accrues one-half the number of hours of vacation or sick leave; and is paid for four hours on a holiday or personal holiday.

5. Beginning Salary Rates
A new employee’s base pay shall be computed by using the rate shown as step “A” in the schedule allocated to the class of employment for which the employee has been hired, except that upon recommendation of the department head under whom the employee will serve and with the approval of the City Manager, such new employee may be employed at a higher step, depending upon the employee’s qualifications.

6. Advancement within the Schedule
The following provisions govern salary advancement within the schedule:

A. Probationary advancement
Upon successful completion of probation, an employee (except an employee that was hired at the top step) will advance one step.

B. Regular Merit advancement
An employee may be considered for advancement upon completion of the minimum length of service specified for step increases. Unless specifically otherwise stated, this will be 12 months for full-time appointments and proportionately adjusted for other appointments. For instance half-time appointments will be evaluated for regular merit 161
Item 8 E.
10 adjustments every 24 months. Advancement to higher steps shall be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of the position held.

C. Special Merit advancement
When an employee consistently demonstrates exceptional ability and proficiency in the performance of assigned duties, the supervising department head may recommend to the City Manager that said employee be advanced to higher pay step without regard to the minimum length of service provisions contained in this resolution. The City Manager may approve and effect such advancement.

D. Denial of advancement
When an employee has not been approved for advancement to the next higher wage step, such employee may be reconsidered for such advancement after the completion of three months of additional service.

7. Promotion to New Position
When an employee is promoted to a position in a higher classification, such employee shall be assigned to step “a” in the appropriate schedule for the higher classification. However, if such employee is already being paid at a rate equal to or higher than step “A”, he/she shall be placed in the step in the appropriate salary schedule which will grant such employee a salary increase of not less than 5%.

9. Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of the 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.

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

13. Sick Leave Defined
Employees have the right under federal and state law (see Section 17 below) to be absent from regularly scheduled work without being reprimanded, disciplined, or discharged. They may also have additional rights under their MOUs. "Sick leave" as used herein refers to an employee's rights to be compensated, by means other 162
Item 8 E.
11 than Workers Compensation benefits, while on medical leave or where so allowed, by specific provisions in the MOU, such as bereavement leave.

16. 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, step-father, husband, wife, 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.

17. Family & Medical Leave Act of 1993
The City shall follow the provisions provided for family leave as specified in the federal Family & Medical Leave Act of 1993, and the state Family Rights Act as it applies to public employees.

19. 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 the insurance described in Section 16 of the Standard MOU.

22. Drug Policy
The City is implementing its "Drug Free Workplace Policy".

26. Re-opener
Upon request of any bargaining unit, the parties will negotiate whether specific provisions will be added to the MOU about awards of days off for five years of accident free work.

40. Holiday Schedule
There shall be twelve (12) holidays granted annually for the life of the MOU. The holidays to be observed during the calendar year are set forth below.

New Year’s Day 1/01
Martin Luther King Day *
Lincoln’s Birthday 2/12
163
Item 8 E.
12 Washington’s Birthday *
Memorial Day *
Independence Day 7/4
Labor Day *
Indigenous Peoples Day *
Veterans’ Day 11/11
Thanksgiving Day *
Friday Following Thanksgiving *
Christmas Day 12/25
*These Holidays are taken at the same time as the federal holiday is scheduled.

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

Holidays occurring on a Sunday shall be observed on Monday.

50. Education Reimbursement Program
A. Tuition & Books: The City will reimburse employees for tuition and textbooks upon the completion of courses approved in advance by the City Manager in accordance with the following schedule:

State supported California colleges and universities - 100% tuition and textbook reimbursement.

Private colleges and universities - 100% of tuition or the tuition of the University of California whichever is less. Textbook reimbursement will be at 100%.

B. Education Incentive Pay: Upon satisfactory completion of 50% of an applicable Masters Degree as determined by the City Manager, or 50% of P.O.S.T. Command College, the employee shall receive a salary increase equal to 5% of base pay. The employee shall submit to the City Manager a list of courses and credits, together with transcripts to verify the acquisition of claimed credits. Satisfactory completion shall mean a grade of “C” or better in any course. For Command College employee shall submit verification of enrollment and a program schedule to the City Manager. The City Manager will determine at what point in the schedule delineates 50% completion of the program.
164
Item 8 E.

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 CAPTAIN EMPLOYEES 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 Captains Employee Group bargaining unit have negotiated in good faith Memoranda of Understanding (MOU) 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 group; 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 July 25, 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
165
Item 8 E.

EXHIBIT A
Fiscal Year 2024/2025 Salary Schedule – Captains Employees Effective July 25, 2024 – June 30, 2025
166
Item 8 E.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: Community Development Department
Subject: Real Property Exchange Between the City and Soquel Union Elementary School District
Recommended Action: Adopt a resolution approving an Agreement for Exchange of Real Property (“Exchange Agreement”) by and between the City of Capitola and the Soquel Union Elementary School District, governing the transfer of a portion of Monterey Avenue Park, comprising approximately 3,736 square feet, in exchange for a portion of New Brighton Middle School, comprising approximately 3,886; and approve the Exchange Agreement as categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guideline §15312.

Background: In accordance with Government Code section 65402 (a), on April 4, 2014, the Capitola Planning Commission determined that the proposed disposition and acquisition of land governed by the Exchange Agreement is consistent with the Capitola General Plan. On February 7, 2024, and April 25, 2024, the District Board and City Council determined, respectively, that the lands governed by the Exchange Agreement are exempt surplus land pursuant to California Government Code §§ 54221 (f)(1)(C) and 54221 (f)(1)(D)
1 and thus not subject to the requirements of the Surplus Land Act.

The Soquel Union Elementary School District (“District”) is the fee owner of 4.9 acres of real property located at 700 Monterey Avenue, Capitola, Santa Cruz County, California, Assessor’s Parcel Number 036-151-01, which real property is the site of the New Brighton Middle School and related playing fields (“District Parcel”). The City of Capitola (“City”) is the fee owner of 3.9 acres of real property known as Monterey Avenue Park, located adjacent to the District Parcel on Monterey Avenue in the City of Capitola, Santa Cruz County, California, Assessors’ Parcel Number 036-151-02 (“City Parcel”). The District Parcel and City Parcel are more particularly identified on the assessor parcel map enclosed as Exhibit A to the Exchange Agreement (Attachment 1).

The District and the City have been discussing the exchange of a portion of the District Parcel, consisting of approximately 3,886 square feet (“District Exchange Parcel”), for an approximately 3,736 square foot portion of the City Parcel (“City Exchange Parcel”). The District Exchange Parcel and City Exchange Parcel are depicted as the two (2) sections highlighted in orange (Areas A and C) and two (2) sections highlighted in blue (Areas B and D), respectively, on the Aerial View Map enclosed as Exhibit B to the Exchange Agreement (Attachment 1).

The District has undertaken master planning of its educational facilities and determined the contemplated exchange of the City Exchange Parcel and District Exchange Parcel would significantly improve the layout of the recreational facilities. Thus, the City Exchange Parcel to be disposed of by the City and acquired by the District would be used and developed by the District to enhance the recreational facilities at the New Brighton Middle School as part of a larger redevelopment of the District Parcel.

The District Exchange Parcel to be acquired by the City is made up of two separate areas, Area A and Area C. The larger of the two areas, Area C, can be used and developed by the City to enhance the

1 54221. As used in this article, the following definitions shall apply:
(f) (1) Except as provided in paragraph (2), “exempt surplus land” means any of the following:
(C) Surplus land that a local agency is exchanging for another property necessary for the agency’s use. “Property” may include easements necessary for the agency’s use.
(D) Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use, or to a federally recognized California Indian tribe. 167
Item 8 F.
recreational facilities at Monterey Avenue Park, whereas the long and narrow area, Area A, will serve to guarantee and enhance pedestrian access to the Park from within the Cliffwood Heights neighborhood.

California Government Code § 65402(a) provides that if a general plan has been adopted, no real property shall be acquired or disposed of by the City until the location, purpose, and extent of such disposal has been submitted to and reported upon by the planning agency as to the conformity with said adopted general plan. On April 4, 2024, the City of Capitola Planning Commission considered the proposed disposal of the City Exchange Parcel and acquisition of the District Exchange Parcel by the City of Capitola and determined that said actions were consistent with and conform with the Capitola General Plan. The staff report and supporting documentation presented to and considered by the Planning Commission can be found at:
https://meetings.municode.com/adaHtmlDocument/index?cc=CAPITOLACA&me=7a1699cfde7f4d0f8d 2bce5df22a5e22&ip=True.

The Surplus Land Act, California Government Code §§54220 et.seq., establishes procedures for the disposition of “surplus land” owned by a “local agency” which generally requires said “surplus land” to be made available for affordable housing purposes, park and recreation purposes or open-space purposes before disposition. However, as provided by Section 54222.3, these procedures do not apply to the disposal of “surplus land” which can be categorized as “exempt surplus land” pursuant to Section 54221 (f)(1)(A) through 54221 (f)(1)(S).

With respect to the District’s proposed disposition of the District Exchange Parcel, on February 7, 2024, the District adopted Resolution No. 6-2023-24, determining the District Exchange Parcel to be “exempt surplus land” pursuant to Section 54221 (f)(1)(C) because the property (i.e. the District Exchange Parcel) is being exchanged for another property (i.e. the City Exchange Parcel) necessary for the District’s use.

With respect to the City’s proposed disposition of the City Exchange Parcel, it too is “exempt surplus land” pursuant to Section 54221 (f)(1)(C) because the property (i.e. the City Exchange Parcel) is being exchanged for another property (i.e. the District Exchange Parcel) necessary for the City’s use. In addition, it also qualifies as “exempt surplus land” pursuant to Section 54221 (f)(1)(D) because the property (i.e. the City Exchange Parcel) is being transferred to another local agency. Accordingly, on April 25, 2024, the City Council adopted Resolution No. 4364 determining that the City Exchange Parcel is “exempt surplus land”.

Discussion: Government Code section 37351 authorizes the City to exchange real property as is necessary and proper for municipal purposes. The City Exchange Parcel, to be disposed of by the City and acquired by the District, is to be used and developed by the District to enhance the recreational facilities at the New Brighton Middle School as part of a larger redevelopment of the District Parcel. The District Exchange Parcel, to be acquired by the City, is to be used and developed by the City to enhance the recreational facilities at Monterey Avenue Park, as well as to enhance pedestrian access to the Park from within the Cliffwood Heights neighborhood. Accordingly, there is a strong basis to support the determination that the exchange of the City Exchange Parcel for the District Exchange Parcel as provided by the Exchange Agreement is necessary and proper for a municipal purpose.

As part of the transaction, other than the exchange of the City Exchange Parcel and District Exchange Parcel between the City and District, there is no further consideration or payment due between the parties. Further, there is no need to process any form of subdivision map or lot line adjustment to create legal parcels as both the City and District are exempt from the requirements of the Subdivision Map Act; accordingly, the land surveyor retained by the District has prepared and provided the legal descriptions of each parcel necessary to facilitate the property exchange. Further, the parties are exempt from county recording fees as well as any real estate transfer tax. As a result, neither party are expected to incur any costs or fees to finalize the transaction. Finally, each party is acquiring the property from the other in its “as-is” condition with no representations, warranties or agreement concerning the condition of the property.
168
Item 8 F.

CEQA: The adoption of the attached Resolution approving the Exchange Agreement is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the Class 12 exemption set forth in State CEQA Guideline §15312.

The Class 12 exemption from CEQA set forth in State CEQA Guideline §15312 exempts the sale of surplus government property. While the District Exchange Parcel and City Exchange Parcel are defined as “exempt surplus land” for purposes of the Surplus Land Act, both parcels are nevertheless surplus government property for purposes of State CEQA Guideline §15312. However, §15312 goes on to provide that there is an exception to the exemption with respect to parcels located within an area of statewide, regional or areawide concern per Section 15206(b)(4), including parcels within the California Coastal Zone defined in and mapped pursuant to Public Resources Code §30103. The City Exchange Parcel and District Exchange Parcel are both located within the mapped California Coastal Zone applicable to Capitola.

Nevertheless, the exemption from CEQA is still applicable if (i) the property does not have significant value for wildlife habitat or other environmental purposes and (ii) the property is of such size, shape or inaccessibility that it is incapable of independent development, or the property sold would qualify for other categorical exemptions, or the use of the property and adjacent property has not changed since the time of purchase by the public agency.

In this instance, neither the City Exchange Parcel nor District Exchange Parcel have significant value for wildlife habitat or other environmental purposes, as one parcel is currently a portion of an urban city park and the other a portion of an operational elementary school. In addition, given the size and shape of the parcels, as well as their inaccessibility due to their interior location within larger parcels, the parcels are incapable of independent development. Accordingly, the Class 12 exemption set forth in State CEQA Guideline §15312 applies to the adoption of the enclosed Resolution.

Recommendation: Staff recommends the City Council adopt the enclosed Resolution which includes the following findings:

1. The City Council hereby finds that all the facts set forth in the recitals of the Resolution are true, correct, and incorporated herein.

2. The City Exchange Parcel to be disposed of by the City and acquired by the District is to be used and developed by the District to enhance the recreational facilities at the New Brighton Middle School as part of a larger redevelopment of the District Parcel.

3. The District Exchange Parcel to be acquired by the City is to be used and developed by the City to enhance the recreational facilities at Monterey Avenue Park, as well as to enhance pedestrian access to the Park from within the Cliffwood Heights neighborhood.

4. The exchange of the City Exchange Parcel for the District Exchange Parcel as provided by the Exchange Agreement is necessary and proper for municipal purposes.

5. The Planning Commission has reviewed and considered the proposed exchange of the District Exchange Parcel and City Exchange Parcel by and between the District and the City and determined the City’s proposed acquisition of the District Exchange Parcel and disposition of the City Exchange Parcel is consistent with the Capitola General Plan.

6. The adoption of the Resolution, which relates to the City’s approval of the Exchange Agreement governing the transfer of the City Exchange Parcel to the District and acquisition of the District Exchange Parcel from the District, is categorically exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines §15312 which exempts the sale of surplus government property.

7. The Exchange Agreement, in the form attached as Attachment 1 to the Resolution, subject to any further clarifying revisions or corrections that may be agreed to by the City Manager and approved by the City Attorney, provided they do not increase the obligations of the City thereunder, is approved by the City Council. The City Manager is authorized to enter into, execute, and 169
Item 8 F.
implement the Exchange Agreement and to accept the District Exchange Parcel from the District on behalf of the City of Capitola in accordance with Government Code section 27281.

Public Noticing: The meeting agenda, City Council staff report, attachments and resolution were posted on the city website in advance of the meeting.

Fiscal Impact: As there are no payments associated with this exchange of land, there are no direct fiscal impacts associated with the proposed project. Any future improvements to Monterey Park would require future City Council budget appropriations.

Attachments:

1. Resolution with Exchange Agreement
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Gautho, City Clerk; Michael Biddle, Assistant City Attorney Approved By: Jamie Goldstein, City Manager
170
Item 8 F.
4874-4363-9500 v1
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA APPROVING AN

AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF

CAPITOLA AND SOQUEL UNION ELEMENTARY SCHOOL DISTRICT REGARDING

PORTION OF MONTEREY AVENUE PARK AND NEW BRIGHTON MIDDLE SCHOOL AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO, EXECUTE AND IMPLEMENT THE

AGREEMENT AND TO ACCEPT PORTION OF NEW BRIGHTON MIDDLE SCHOOL ON BEHALF OF CITY; CATEGORICALLY EXEMPT FROM REQUIREMENTS OF CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINE §15312 WHEREAS, the Soquel Union Elementary School District (“District”) is the fee owner of 4.9 acres of real property located at 700 Monterey Avenue, Capitola, Santa Cruz County, California, Assessor’s Parcel Number 036-151-01, which real property is the site of the New Brighton Middle School and related playing fields (“District Parcel”); and WHEREAS, the City of Capitola (“City”) is the fee owner of 3.9 acres of real property known as Monterey Avenue Park, located adjacent to the District Parcel on Monterey Avenue in the City of Capitola, Santa Cruz County, California, Assessors’ parcel Number 036-151-02 (“City Parcel”); and
WHEREAS, pursuant to Government Code section 37351, the City may exchange real property as is necessary or proper for municipal purposes; and WHEREAS, in accordance with authority provided under State law, the City has been in discussions with the District regarding the exchange of a portion of the District Parcel, consisting of approximately 3,886 square feet (the “District Exchange Parcel”), for an approximately 3,736 square foot portion of the City Parcel (the “City Exchange Parcel”); and WHEREAS, the District Exchange Parcel and City Exchange Parcel are depicted as the two (2) sections highlighted in orange (Areas A and C) and two (2) sections highlighted in blue (Areas B and D), respectively, on the Aerial View Map included as Exhibit B to the Agreement for Exchange of Real Property (“Exchange Agreement”), attached to this Resolution as Attachment 1; and
WHEREAS, California Government Code section 65402(a) requires that if a general plan has been adopted, no real property shall be acquired or disposed of by the City until the location, purpose, and extent of such acquisition or disposal has been submitted to and reported upon by the planning agency as to the conformity with said adopted general plan; and
WHEREAS, on April 4, 2024, the City of Capitola Planning Commission considered the proposed disposal of the City Exchange Parcel and acquisition of the District Exchange Parcel by the City of Capitola and determined that said actions were consistent with and conform with the Capitola General Plan; and
WHEREAS, the Surplus Land Act, California Government Code §§54220 et.seq., establishes procedures for the disposition of “surplus land” owned by a “local agency” which generally requires said “surplus land” to be made available for affordable housing purposes, park and recreation purposes or open-space purposes before disposition; however, as 171
Item 8 F.
4874-4363-9500 v1
provided by Section 54222.3, these procedures do not apply to the disposal of “exempt surplus land” as defined in Section 54221 (f)(1)(A) through 54221 (f)(1)(S); and WHEREAS, on February 7, 2024, the District adopted Resolution No. 6-2023-24, determining the District Exchange Parcel to be “exempt surplus land” pursuant to Section 54221 (f)(1)(C) because the property (i.e. the District Exchange Parcel) is being exchanged for another property (i.e. the City Exchange Parcel) necessary for the District’s use for redevelopment of New Brighton Middle School; and
WHEREAS, on April 25, 2024, the City Council adopted Resolution No. 4364, determining the City Exchange Parcel is “exempt surplus land” pursuant to Section 54221 (f)(1)(C) because the property (i.e. the City Exchange Parcel) is being exchanged for another property (i.e. the District Exchange Parcel) necessary for the City’s use at Monterey Avenue Park, and pursuant to Section 54221 (f)(1)(D) because the property (i.e. the City Exchange Parcel) is being transferred to another local agency, namely the District; and WHEREAS, the City and District staff have negotiated and prepared the Exchange Agreement which provides for the exchange of the City Exchange Parcel and District Exchange Parcel by and between the City and District to further the redevelopment of the New Brighton Middle School and enhancement of recreational facilities at and pedestrian access to Monterey Avenue Park.

NOW, THEREFORE, THE CITY OF CAPITOLA CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby finds that all the facts set forth in the recitals above of this Resolution are true, correct, and incorporated herein.

SECTION 2. The City Exchange Parcel to be disposed of by the City and acquired by the District is to be used and developed by the District to enhance the recreational facilities at the New Brighton Middle School as part of a larger redevelopment of the District Parcel.

SECTION 3. The District Exchange Parcel to be acquired by the City is to be used and developed by the City to enhance the recreational facilities at Monterey Avenue Park, as well as to enhance pedestrian access to the Park from within the Cliffwood Heights neighborhood.

SECTION 4. The exchange of the City Exchange Parcel for the District Exchange Parcel as provided by the Exchange Agreement is necessary and proper for a municipal purpose.

SECTION 5. The Planning Commission has reviewed and considered the proposed exchange of the District Exchange Parcel and City Exchange Parcel by and between the District and the City and determined the City’s proposed acquisition of the District Exchange Parcel and disposition of the City Exchange Parcel is consistent with the Capitola General Plan.

SECTION 6. The adoption of this Resolution, which relates to the City’s approval of the Exchange Agreement governing the transfer of the City Exchange Parcel to the District and acquisition of the District Exchange Parcel from the District, is 172
Item 8 F.
4874-4363-9500 v1
categorically exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines §15312 which exempts the sale of surplus government property.

SECTION 7. The Exchange Agreement, in the form attached hereto as Attachment 1, subject to any further clarifying revisions or corrections that may be agreed to by the City Manager and approved by the City Attorney provided they do not increase the obligations of the City thereunder, is hereby approved by the City Council. The City Manager is hereby authorized to enter into, execute, and implement the Exchange Agreement and to accept the District Exchange Parcel from the District on behalf of the City of Capitola in accordance with Government Code section 27281.

I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola on the 25
th day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Kristen Brown, Mayor
ATTEST:
______________________
Julia Gautho, City Clerk
173
Item 8 F.

AGREEMENT FOR EXCHANGE OF REAL PROPERTY

BETWEEN

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT
AND

THE CITY OF CAPITOLA

PREAMBLE
This Agreement for Exchange of Real Property (“Agreement”) is entered into as of __________________, 2024 (“Effective Date”), between the Soquel Union Elementary School District, a California public school district (“District”), and the City of Capitola, a California municipal corporation (“City”). The District and City may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the District is the owner in fee simple of 4.9 acres of real property located at 700 Monterey Avenue, in the City of Capitola, in the County of Santa Cruz, California, with Assessor’s Parcel Number (“APN”) 036-151-01, as more particularly depicted and identified by the circled number “1” in the Santa Cruz County Assessor’s Map attached hereto as Exhibit A, which real property includes a portion of New Brighton Middle School and related playing fields (“District Parcel”); and
WHEREAS, the City is the owner in fee simple of 3.9 acres of real property located on Monterey Avenue, in the City of Capitola, in the County of Santa Cruz, California, with APN 036- 151-02, as more particularly depicted and identified by the circled number “2” in Exhibit A, which real property is known as Monterey Avenue Park (“City Parcel”); and WHEREAS, the District Parcel and City Parcel are adjacently located and are currently used for educational, recreational, playing field, and park purposes; and WHEREAS, the District Governing Board is empowered by California Education Code section 35160 and former section 39500 to exchange real property with the City upon such terms as the Parties may agree; and
WHEREAS, the City Council is empowered by California Government Code section 37351 to exchange real property with the District as is necessary or proper for municipal purposes and upon such terms as the Parties may agree; and
WHEREAS, the Parties desire that the District transfer ownership to the City of approximately 3,886 square feet of the District Parcel consisting of vacant land that is not in use by the District and that is not currently needed by the District, as more particularly depicted and identified in orange in the Aerial Map of the Property Exchange attached hereto as Exhibit B and made a part hereof (“District Exchange Property”), in exchange for the City transferring ownership to the District of approximately 3,736 square feet of the City Parcel, as more particularly depicted and identified in blue in Exhibit B (“City Exchange Property”) (hereinafter the “Property Exchange”); and
174
Item 8 F.
2 WHEREAS, the City Exchange Property to be acquired by the District is to be used and developed by the District to enhance the recreational facilities at New Brighton Middle School as part of a larger redevelopment of the District Parcel; and WHEREAS, the District Exchange Property to be acquired by the City is to be used and developed by the City to enhance the recreational facilities at Monterey Avenue Park and to maintain and enhance pedestrian access to Monterey Avenue Park within the Cliffwood Heights neighborhood; and
WHEREAS, legal descriptions describing the District Exchange Property and the City Exchange Property, resulting from the Property Exchange have been prepared by Vernon Little at GV Land Surveying and are attached hereto as Exhibit C and Exhibit D, respectively; and WHEREAS, the requirements of the Subdivision Map Act are not applicable to the Property Exchange being effectuated by this Agreement pursuant to California Government Code Section 66426.5 because the Property Exchange involves a conveyance of land by and between governmental agencies and/or public entities and thus does not constitute a division of land that would otherwise be subject to the Subdivision Map Act; and WHEREAS, on February 7, 2024, the District Board adopted Resolution No. 6-2023-24, determining the District Exchange Property to be “exempt surplus land” pursuant to California Government Code Section 54221(f)(1)(C);
WHEREAS, on April 4, 2024, in accordance with Government Code section 65402 (a), the City of Capitola Planning Commission considered the proposed disposition of the City Exchange Property from the City to the District, and the proposed acquisition of the District Exchange Property by the City from the District, and determined that said transactions were consistent with and conform to the Capitola General Plan; and
WHEREAS, on April 25, 2024, the City Council adopted Resolution No. ____, determining the City Exchange Property to be “exempt surplus land” pursuant to California Government Code Section 54221(f)(1)(C) and (D); and
WHEREAS, at its Board meeting on _____________, 2024, the District’s Board adopted a resolution authorizing the Property Exchange in accordance with Education Code section 35160 and former section 39500; and
WHEREAS, on ________________, 2024, the Capitola City Council adopted _____________, authorizing the Property Exchange in accordance with Government Code section 37351; and
WHEREAS, the Parties believe that the Property Exchange as described herein and in the attached Exhibits, is in the best interest of both Parties and in the public’s best interest.

NOW, THEREFORE the Parties agree as follows:
175
Item 8 F.
3 TERMS, CONDITIONS, AND COVENANTS

ARTICLE I

EXCHANGE AGREEMENT

1.01 Recitals. The above Recitals are incorporated herein and made a part of the Agreement as if set forth in full.

1.02 Property Exchange. Subject to the terms and provisions of this Agreement, the City agrees to convey the City Exchange Property to the District in exchange for the District Exchange Property and the District agrees to convey the District Exchange Property to the City in exchange for the City Exchange Property. The conveyances agreed to herein include all right, title and interest in and to the City Exchange Property and the District Exchange Property, respectively (collectively, the “Exchanged Properties”).

1.03 Total Consideration. The total consideration for the conveyance of the City Exchange Property consists of the District Exchange Property and the performance of the terms and conditions of this Agreement. The total consideration for the conveyance of the District Exchange Property consists of the City Exchange Property and the performance of the terms and conditions of this Agreement. Except as to any costs contemplated by this Agreement, there will be no cost to either the City or the District in connection with the conveyance of the respective properties hereunder.

1.04 Investigations; Exchanged Properties Conveyed in “As Is” Condition. (a) City hereby acknowledges that they have been given a full opportunity to inspect and investigate each and every aspect of the District Exchange Property, either independently or through agents of City’s choosing, including, without limitation:
(i) All matters relating to title, together will all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements and building codes.
(ii) The physical condition of the District Exchange Property, including, without limitation, the presence or absence of Hazardous Substances (as defined below), and all other physical and functional aspects of the District Exchange Property.
(iii) Any easements and/or access rights affecting the District Exchange Property; and
(iv) All other matters of material significance affecting the District Exchange Property.
(b) District hereby acknowledges that they have been given a full opportunity to inspect and investigate each and every aspect of the City Exchange Property, either independently or through agents of District’s choosing, including, without limitation:
176
Item 8 F.
4 (i) All matters relating to title, together will all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements and building codes.
(ii) The physical condition of the City Exchange Property, including, without limitation, the presence or absence of Hazardous Substances (as defined below), and all other physical and functional aspects of the City Exchange Property.
(iii) Any easements and/or access rights affecting the City Exchange Property; and
(iv) All other matters of material significance affecting the City Exchange Property.
(c) The Parties understand and agree that the Exchanged Properties are being conveyed in “as is” condition and that neither Party nor any agent of either Party has made any representations, warranties or agreements to the other Party other than as contained herein, as to any matters concerning either of the Exchanged Properties including, but not limited to, the land, topography, utilities, future zoning, soil, subsoil, the purposes for which either of the Exchanged Properties may be used for development, drainage, access to roads, proposed routes or extensions thereof, environmental laws, rules or regulations, or any other representation or warranty. Any statement not expressly contained in this Agreement shall not bind either Party, and both Parties expressly waive any right of rescission or claim for damages against the other Party or its agents by reason of any statement, representation, warranty or promise except as contained in this Agreement.

ARTICLE II

REPRESENTATIONS AND WARRANTIES

2.01 City’s Representations and Warranties. The City covenants, represents and warrants the following:
(a) Full Authority to Convey All Interest in the City Exchange Property. The City has the full right, power, and authority to execute this Agreement, and any related title documents, has the full right, power, and authority to perform all of the obligations hereunder, and has the full right, power and authority to dispose of or otherwise convey the City Exchange Property as described herein. City represents that it has secured, or will secure before the Closing, as set forth in Section 5.01, hereunder, all appropriate consents that are necessary to consummate the Agreement, if any. (b) Compliance with Applicable Law and No Pending Litigation Against the City Exchange Property. To the best of the City’s actual knowledge, there is no violation of federal, state, or local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with the City Exchange 177
Item 8 F.
5 Property which would prohibit the conveyance of the City Exchange Property. (c) No Liens Securing Payment or Other Obligations on City Exchange Property. The City warrants that the City Exchange Property is not encumbered, or will not be encumbered by the Closing, by liens securing payment, or other encumbrances, encroachments, easements, or conditions which would adversely affect the District’s use and enjoyment of the City Exchange Property. Except as specifically disclosed to District in writing, City has not, and shall not without the prior written consent of District prior to the Closing, made any written commitments or agreements materially and adversely affecting the City Exchange Property, or any part thereof, or any interest therein, which will survive the Closing, including agreements regarding the sale, rental, management, repair, or other matters affecting the City Exchange Property.
(d) No Hazardous Waste on City Exchange Property. To the best of City’s knowledge, (1) the City Exchange Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the City Exchange Property, including but not limited to soil and groundwater conditions, and (2) neither City nor any other persons have used, generated, manufactured, stored or disposed of on, under or about the City Exchange Property or transported to or from the City Exchange Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials (“Hazardous Substances”). For the purpose of this Agreement, Hazardous Substances include, without limitation, oil, natural gas or other petroleum or hydrocarbon substances; substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous wastes,” “extremely hazardous wastes” or “restricted hazardous wastes” or stated to be known to cause cancer or reproductive toxicity under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1317, et seq.; the California Hazardous Substance Act, Health & Safety Code Sections 28740, et seq.; the California Hazardous Waste Control Act, Health & Safety Code Sections 25100, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health & Safety Code sections 24249.5, et seq.; the Porter-Cologne Water Quality Act, Water Code Sections 1300, et seq.; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws. (e) Survival. The City’s representations, warranties, and obligations under this Section

2.01 shall survive the recordation and delivery of the Grant Deed(s).

2.02 The District’s Representations and Warranties. The District covenants, represents and warrants the following:
(a) Full Authority to Convey All Interest in the District Exchange Property. The District has the full right, power, and authority to execute this Agreement, and any related title documents, has the full right, power, and authority to perform all of the 178
Item 8 F.
6 obligations hereunder, and has the full right, power and authority to dispose of or otherwise convey the District Exchange Property as described herein. The District represents that it has secured, or will secure before the Closing, as set forth in section

5.01 of this Agreement, all appropriate consents that are necessary to consummate the Agreement, if any. Furthermore, the District represents that the fence to be installed by the District as part of its site redevelopment along the extended pathway between Orchid Avenue and Monterey Park will be composed of chain link or other see-through material to enhance visibility.
(b) Compliance with Applicable Law and No Pending Litigation Against the District Exchange Property. To the best of the District’s actual knowledge, there is no violation of federal, state, or local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with the District Exchange Property which would prohibit the conveyance of the District Exchange Property.
(c) No Liens Securing Payment or Other Obligations on District Exchange Property.

The District warrants that the District Exchange Property is not encumbered, or will not be encumbered by the Closing, by liens securing payment or other encumbrances, encroachments, easements, or conditions which would adversely affect the City’s use and enjoyment of the District Exchange Property. Except as specifically disclosed to City in writing, District has not, and shall not without the prior written consent of City prior to the Closing, made any written commitments or agreements materially and adversely affecting the District Exchange Property, or any part thereof, or any interest therein, which will survive the Closing, including agreements regarding the sale, rental, management, repair, or other matters affecting the District Exchange Property.
(d) No Hazardous Waste on District Exchange Property. To the best of District’s knowledge, (1) the District Exchange Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the District Exchange Property, including but not limited to soil and groundwater conditions, and (2) neither the District nor any other person has used, generated, manufactured, stored or disposed of on, under or about the District Exchange Property or transported to or from the District Exchange Property any Hazardous Substances as defined in Section 2.01(d) above.
(e) Survival. The District’s representations, warranties, and obligations under this Section 2.02 shall survive the recordation and delivery of the Grant Deed(s).

ARTICLE III

CONDITIONS PRECEDENT
The obligations of the District and the City to complete this transaction pursuant to this Agreement are subject to the satisfaction, at or before the Closing, of the conditions contained herein. The District and City agree that each Party will, in good faith, endeavor to remove all said contingencies 179
Item 8 F.
7 and conditions which are within the control of the respective Party. The following are conditions precedent to the performance of the Agreement:

3.01 Each Party Shall Bear its Own Costs. Except as set forth hereunder, each Party is responsible for its own costs, fees, and charges necessary to complete the Property Exchange contemplated under this Agreement. The Parties agree that costs incurred by District in obtaining surveys and legal descriptions for each of the Exchanged Properties as required for completion of the Property Exchange (“Survey Costs”) shall be paid by the District.

3.02 Conveyance of Good Title. Except as otherwise provided, each Party will convey good and marketable title to its property by Grant Deed free and clear of all debts, liens, assessments and encumbrances, unless specifically allowed or permitted pursuant to this Agreement.

3.03 Miscellaneous Conditions. The following are also conditions which must be satisfied before the Property Exchange can occur:
(a) The District’s Governing Board will have accepted and ratified this Agreement. (b) The District Board has adopted a resolution by unanimous vote authorizing the Property Exchange and prescribing its terms, and such resolution has been published in a newspaper of general circulation within the District for not less than once a week for three weeks.
(c) The City Council will have accepted and ratified this Agreement.

ARTICLE IV

NOTICES
Any notice, demand, approval, consent, or other communication between the Parties will be mailed to the following addressees:

To City: City of Capitola
420 Capitola Avenue
Capitola, California 95010
Telephone: 831-475-7300
Facsimile: 831-479-8879
Attention: City Manager
To District: Soquel Union Elementary School District
620 Monterey Avenue
Capitola, California 95010
Telephone: 831-464-5630
Attention: Superintendent

ARTICLE V

CLOSING

5.01 Closing. The “Closing” or “Closing Date” shall mean the date upon which the grant deeds transferring title to the (i) District Exchange Property from the District to the City, and the 180
Item 8 F.
8 accompanying City Certificate of Acceptance, in the form attached hereto as Exhibit E and Exhibit F, respectively, and (ii) City Exchange Property from the City to the District, and the accompanying District Certificate of Acceptance, in the form attached hereto as Exhibit G and Exhibit H, respectively, are recorded with the Santa Cruz County Recorder. The Parties will cooperate in good faith to ensure that the executed grant deeds are timely recorded, simultaneously, if possible, and that City and District coordinate on the preparation and filing of a Preliminary Change of Ownership Report with the recording of each grant deed, in the form attached hereto as Exhibit I, with the Santa Cruz County Recorder. Closing shall take place within thirty (30) days of the Effective Date of this Agreement, or as may be extended by mutual written agreement of the Parties, provided that if the Closing Date falls on a Saturday, Sunday, or legal holiday, it shall be extended to the next business day that is not a Saturday, Sunday, or legal holiday. In any event, the Closing shall only occur after all conditions set forth in this Agreement have been satisfied or waived.

5.02 Failure to Close. If either Party determines that any or all conditions set forth in this Agreement for the Closing cannot be met, then this Agreement may be terminated, and the Property Exchange cancelled, without penalty, by written notice provided to the other Party.

Upon such termination and cancellation, the Parties shall have no further obligations to one another. The Parties hereby waive any and all claims for additional compensation in connection with any termination of this Agreement and cancellation of the Property Exchange pursuant to this Section.

5.03 Conditions of Closing. The following are conditions precedent to Closing which can only be waived by written waiver executed by the City or the District as applicable:
(a) The City will not be in breach or default of any provisions herein. (b) The City’s warranties and representations as set forth herein are true as of the Closing.
(c) The City has received and approved the legal description of the District Exchange Property and the City Exchange Property.
(d) On or before the Closing, the City will deliver, or cause to be delivered to the District the following:
(i) A Grant Deed or Deeds to the City Exchange Property in a form approved by the District; and
(ii) Such other documents as in the opinion of the District, are required from the City to carry out the provisions of this Agreement.
(e) The District will not be in breach or default of any provisions herein. (f) The District’s warranties and representations as set forth herein are true as of the Closing.
181
Item 8 F.
9 (h) The District has received and approved the legal description of the District Exchange Property and the City Exchange Property.
(i) On or before the Closing, the District will deliver, or cause to be delivered to the City the following:
(i) A Grant Deed or Deeds to the District Exchange Property in a form approved by the City; and
(ii) Such other documents as in the opinion of the City, are required from the District to carry out the provisions of this Agreement.

ARTICLE VI

MISCELLANEOUS PROVISIONS

6.01 Binding Effect. This Agreement is binding upon the heirs, successors, and assigns of the Parties.

6.02 Waiver of Provisions. The waiver by the District or the City, of any breach by the District or City as the case may be, of any term, covenant or condition contained in this Agreement, will not be deemed to be a waiver of any subsequent breach by the District or the City, as the case may be, of the same or of any other term, covenant or condition contained in this Agreement. Waiver of any provision of this Agreement must be in writing.

6.03 Commissions. The Parties represent that they have not engaged any agents or brokers in connection with the transaction that is the subject of this Agreement.

6.04 Further Documents. The Parties hereto agree to make, execute and deliver such documents and undertake such other and further acts as may be reasonably necessary or convenient to carry out this Agreement and its purpose and intent.

6.05 Entire Agreement. This Agreement, plus such ancillary agreements as may be executed by the Parties in connection with this Agreement, sets forth the entire Agreement between City and the District and supersedes any and all prior negotiations and agreements, written or oral, concerning or relating to the conveyance of the City Exchange Property and District Exchange Property.

6.06 Invalidity of Any Provision. If any provision of this Agreement as applied to either Party or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same will in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Agreement as a whole.

6.07 Amendments in Writing. No addition to or modification of any provision contained in this Agreement will be effective unless fully set forth in writing and signed by both Parties hereto.
182
Item 8 F.
10 6.08 Time is of the Essence. Time is of the essence in this Agreement and each and every provision hereof. Although time is of the essence in this Agreement, this provision will not cause an automatic forfeiture and will be construed in accordance with traditional principles of equity.

6.09 Governing Law. The laws of the State of California will govern all questions with respect to the construction of this Agreement and the rights and liabilities of the Parties.

6.10 Headings. Headings in this Agreement are solely for the convenience of the Parties and are not to be construed as enlarging or limiting the language following said headings.

6.11 Construction. Whenever the context of this Agreement requires, the singular will include the plural and the masculine, feminine and neuter will include the others. This Agreement will not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared this Agreement. This Agreement consists of not only this Agreement but also any and all related documents necessary to consummate the Property Exchange.

6.12 Survival of Warranties and Covenants. All of the covenants, representations and warranties set forth herein which are intended to bind the Parties after the vesting of title to the Exchanged Properties will survive the recording and delivery of the Grant Deed(s).

6.13 Execution in Counterparts; Electronic Signatures. The execution of any document, including this Agreement, may be made in counterparts such that each document, when all signatures are appended together, will constitute a fully executed original or copy thereof.

Further, the Parties agree that this Agreement may be executed by electronic signatures and delivered by electronic means and that the electronic signatures appearing on this Agreement are the same as handwritten signatures for purposes of validity, enforceability and admissibility.

6.14 Calendar Days. All time limits and related provisions herein will be counted in calendar days unless otherwise specifically provided.

6.15 Exhibits Incorporated by Reference. All Exhibits attached to this Agreement are hereby incorporated into the Agreement by this reference as if set forth in full.

WHEREFORE, the District and the City, by their signatures below, enter into this Agreement as of the Effective Date.

THE CITY:

THE CITY OF CAPITOLA
By: ____________________________
Name: __________________________
183
Item 8 F.
11 Title: ____________________________
THE DISTRICT:

SOQUEL UNION ELEMENTARY

SCHOOL DISTRICT
By: ____________________________
Name: __________________________
Title: ____________________________
184
Item 8 F.
12 LIST OF EXHIBITS
Exhibit A – Santa Cruz County Assessor’s Map Depicting District Parcel (APN 036-151-01) and City Parcel (APN 036-151-02)
Exhibit B – Aerial Map of City Exchange Property (blue) and District Exchange Property (orange) Exhibit C – Legal Description of District Exchange Property Exhibit D – Legal Description of City Exchange Property Exhibit E – Grant Deed for District Exchange Property
Exhibit F – City Certificate of Acceptance
Exhibit G – Grant Deed for City Exchange Property
Exhibit H – District Certificate of Acceptance
Exhibit I – Form of Preliminary Change of Ownership Report 185
Item 8 F.
13 EXHIBIT A
Santa Cruz County Assessor’s Map Depicting District Parcel (APN 036-151-01) and City Parcel (APN 036-151-02)
186
Item 8 F.
14 EXHIBIT B
Aerial Map of City Exchange Property (blue) and District Exchange Property (orange) 187
Item 8 F.
15 EXHIBIT C
Legal Descriptions and Diagrams of District Exchange Property (Transfer Areas A and C)
188
Item 8 F.
16 EXHIBIT D
Legal Descriptions and Diagrams of City Exchange Property (Transfer Areas B and D)
189
Item 8 F.
17 EXHIBIT E
Grant Deed for District Exchange Property
190
Item 8 F.
18 EXHIBIT F

CITY CERTIFICATE OF ACCEPTANCE OF GRANT DEED
This is to certify that the interest in real property conveyed by the Grant Deed dated ___________, 2024, from the Soquel Union Elementary School District, a public agency duly organized and existing under the laws of the State of California, to the City of Capitola, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Capitola pursuant to authority conferred by Resolution No. _____________, adopted by the City Council of the City of Capitola on _________, 2024, and the City Council of the City of Capitola consents to the recordation thereof by its duly authorized officer.

Dated: ____________________________

CITY OF CAPITOLA,
a California municipal corporation
By: ________________________________________
Name: Jamie Goldstein
Its: City Manager
191
Item 8 F.
19 EXHIBIT G
Grant Deed for City Exchange Property
192
Item 8 F.
20 EXHIBIT H

DISTRICT CERTIFICATE OF ACCEPTANCE OF GRANT DEED
This is to certify that the interest in real property conveyed by the Grant Deed dated ___________, 2024, from the City of Capitola, a municipal corporation, to the Soquel Union Elementary School District, a public agency duly organized and existing under the laws of the State of California, is hereby accepted by the undersigned officer on behalf of the Soquel Union Elementary School District pursuant to authority conferred by the California Constitution and California Education Code sections 1040, et seq., and the Soquel Union Elementary School District consents to the recordation thereof by its duly authorized officer.

Dated: ____________________________

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT,
a public agency duly organized and existing
under the laws of the State of California
By: ________________________________________
Name: Scott Turnbull
Its: Superintendent
193
Item 8 F.
21 EXHIBIT I

FORM OF PRELIMINARY CHANGE OF OWNERSHIP REPORT
194
Item 8 F.

LIST OF EXHIBITS
Exhibit A — Santa Cruz County Assessor’s Map Depicting District Parcel (APN 036-151-01) and City Parcel (APN 036-151-02)
Exhibit B — Aerial Map of City Exchange Property (blue) and District Exchange Property (orange) Exhibit C — Legal Description of District Exchange Property Exhibit D — Legal Description of City Exchange Property Exhibit E — Grant Deed for District Exchange Property
Exhibit F — City Certificate of Acceptance
Exhibit G — Grant Deed for City Exchange Property
Exhibit H — District Certificate of Acceptance
Exhibit I — Form of Preliminary Change of Ownership Report 12 195
Item 8 F.

EXHIBIT A
Santa Cruz County Assessor’s Map Depicting District Parcel (APN 036-151-01) and City Parcel (APN 036-151-02)
13 196
Item 8 F.

FOR

O COPYRIGHT SANTA GRUZ COUNTY ASSESSOR 1997 7
Y
ao \
a Cajas
ueugsnipe Fepeds) pus SO/0£/14 ABE (LSWOZ5) 20 B5/02/8 Ace Gad peBusro) WAU LO/RZy ASIS (uogeplonUaD VO) BD EB/FL/L ACY BO 26I2/} UNESP Aj Note - Assessor's Parcel & Block (14) Numbers Shown in Circles. z > >, \
e) 128RS1
6/11/2018
(18) ——S.B.E. 872-44-38-16
Tax Area Code 36-15
“e 200"
Assessor's Map No. 36-15
City of Capitola
County of Santa Cruz, Calif.

197
Item 8 F.

EXHIBIT B
Aerial Map of City Exchange Property (blue) and District Exchange Property (orange) 14 198
Item 8 F.

AY
e Yo
Eg
3 Ze rise

AV aay
EN
ES,

UNOM

WV,

YAiSNVAL C= = ¿Os 1IDUVA 3STTT=

|
JS ESTER Jj ¿ds T3DUVA —UASNVAL
a
ae! §

‘ys pzo'e= | 95) a, 1IDUVA UIISNVAL
=
St
£
JSEELTZ= ae W, TIDUVA UIISNVYL a
+e

199
Item 8 F.

EXHIBIT C
Legal Descriptions and Diagrams of District Exchange Property (Transfer Areas A and C)
15 200
Item 8 F.

TRANSFER AREA -A
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

Being a portion of the lands granted to the Soquel Union Elementary School District, December 17th, 1956, at Grant Deed Volume 1107 of Official Records, Page 318, and March 28th, 1951, Grant Deed Volume 816 of Official Records, Page 139, on file in the office of the County Recorder, Santa Cruz County, California, and described as follows:

COMMENCING at a street centerline monument at the intersection of Monterey Avenue and Cabrillo Street, as shown on the record of survey on file in Volume 128 of Maps, at Page 1, in the Office of the County Recorder, Santa Cruz County, California, from which a street centerline monument at the angle point in Monterey Avenue bears, South 49*20'30” West, a distance of 1086.38 feet; thence South 4920'30” West, along the centerline of Monterey Avenue, a distance of 526.00 feet; thence South 40°39’30” East, a distance of 25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26°08'00” East, along said property line, a distance of 450.61 feet to the POINT OF BEGINNING;
Thence continuing South 26*08'00” East, along said property line, a distance of 28.87 feet to the Northwest corner of “Tract No. 190 Seaview Park Unit No. 1” on file in Volume 37 of Maps, at Page 26, in the office of the County Recorder, Santa Cruz County, California; thence South 26*10'17” East, along the Westerly boundary of said Tract No. 190, a distance 163.46 feet to the Southeasterly boundary of the lands of Soquel Union Elementary School District; thence South 49”48'30” West, along said Southeasterly boundary, a distance of 15.46 feet; thence North 26*10'13” West, departing said Southeasterly boundary, a distance of 172.06 feet; thence North 05*50'47” East, a distance of 28.32 feet to the POINT OF BEGINNINING. and
CONTAINING 2,733 square feet, more or less.

See EXHIBIT A, attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION.

Vernon C. Little, PLS
GV Land Surveying

4113 Scotts Valley Drive, #102 Scotts Valley, CA 95066
V:\2023\V-23084\legals\NewBrighton-transferarea-A_043024.docx 201
Item 8 F.

of GV Land Surveying ~” —
f . ; y 8 SHEET NO. 1 OF 1
4113 Scotts Valley Drive, Suite 102
Scotts Valley, CA 95066 CALCULATED BY VCL DATE 4/30/2024 gvlandsurveying.com SCALE: =80'

EXHIBIT - A POINT OF COMMENCEMENT
Monterey Avenue "asis oF BEARINGS”
Waa 7 _ __ _$49°20°30"W 1086.38" A
SN 56038 —T- 526.00'
|
FOUND fo! ant / STREET 340 a FOUND d
MONUMENT STREET E MONUMENT | gy |
=/o APN 036-151-01 / Sy
SOQUEL UNION ELEMENTARY =

SCHOOL DISTRICT
816 OR 139 1107 OR 318 .
3/28/1951 12/17/1956 =
LO] 128 M 1 ¥/ =
Legend 80 o.

NE O A ee -- BOUNDARY LINE POINT OF ADJOINING PROPERTY LINE BEGINNING GRAPHIC SCALE: 1 INCH = 80 FEET

LOT LINE TRANSFER
ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.

APN 036-151-02 CITY OF CAPITOLA
| Nos'S¢'47"E (5917 OR 362_)

28.32' S26'08'00”E 10/03/1996
| 28.87"
Ze e s26"10'17”E : 163.46'
S49"48'30”W Orchid
Lae Avenue

202
Item 8 F.

TRANSFER AREA - C
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

Being a portion of the lands granted to the Soquel Union Elementary School District, December 17, 1956, at Grant Deed Volume 1107 of Official Records, Page 318, on file in the office of the County Recorder, Santa Cruz County, California, and described as follows:

COMMENCING at a street centerline monument at the intersection of Monterey Avenue and Cabrillo Street, as shown on the record of survey on file in Volume 128 of Maps, at Page 1, in the Office of the County Recorder, Santa Cruz County, California, from which a street centerline monument at the angle point in Monterey Avenue bears, South 49*20'30"West, a distance of 1086.38 feet; thence South 49*20'30” West, along the centerline of Monterey Avenue, a distance of 526.00 feet; thence South 40°39’30” East, a distance of 25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26*08'00” East, along said property line, a distance of 245.09 feet to the POINT OF BEGINNING;
Thence continuing South 26°08'00” East, along said property line, a distance of 71.09 feet; thence North 84*10'38” West, departing said property line, a distance of 38.24 feet; thence North 06°24’33” East, a distance of 60.32 feet to the POINT OF BEGINNINING. and CONTAINING 1,153 square feet, more or less.

See EXHIBIT C, attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION.

Vernon C. Little, PLS
GV Land Surveying

4113 Scotts Valley Drive, #102 Scotts Valley, CA 95066
V:\2023\V-23084\legals\NewBrighton-transferarea-C_043024.docx 203
Item 8 F.

7 ° JOB NO, 25084 “f GV Land Surveying vee mo a
4113 Scotts Valley Drive, Suite 102
Scotts Valley, CA 95066 CALCULATED BY VCL DATE 4/30/2024 gvlandsurveying.com SCALE: 1”=80'
EXHIBIT - C POINT OF COMMENCEMENT "BASIS OF BEARINGS” 1086.38’ ] Monterey Avenue

S49°20'30"W 38
560.38" y ~ 526.00'

38.24 Na FOUND Y STREET $40°39’30"E MONUMENT 25.00’ MONUMENT | y 2 44, M3 / 2/3 > </o APN 036-151-01 oF Su SOQUEL UNION ELEMENTARY 0 = SCHOOL DISTRICT v/ 816 OR 139 1107 OR 318 des
3/28/1951 12/17/1956 2
a 128 M 1 S
BY y POINT OF BEGINNING
NO6'24'33"E Legend es =
e MONUMENT FOUND AS NOTED (7 \\ -- BOUNDARY LINE An» ADJOINING PROPERTY LINE de 00 E 4 tg LOT LINE TRANSFER .
| N84°10'38"W 30! o 40! -
GRAPHIC SCALE: 1 INCH = 80 FEET

ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.

APN 036-151-02

CITY OF CAPITOLA
( 5917 OR 362 )
10/03/1996

37 M 26

Orchid
Avenue 204
Item 8 F.

EXHIBIT D
Legal Descriptions and Diagrams of City Exchange Property (Transfer Areas B and D)
16 205
Item 8 F.

TRANSFER AREA - B
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

Being a portion of the lands granted to the City of Capitola, October 3rd, 1996, at Grant Deed Volume 5917 of Official Records, Page 362, on file in the office of the County Recorder, Santa Cruz County, California, and described as follows:

COMMENCING at a street centerline monument at the intersection of Monterey Avenue and Cabrillo Street, as shown on the record of survey on file in Volume 128 of Maps, at Page 1, in the Office of the County Recorder, Santa Cruz County, California, from which a street centerline monument at the angle point in Monterey Avenue bears, South 49*20'30"West, a distance of 1086.38 feet; thence South 49°20'30” West, along the centerline of Monterey Avenue, a distance of 526.00 feet; thence South 40°39'30” East, a distance of 25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26°08’00” East, along said property line, a distance of 316.18 feet to the POINT OF BEGINNING;
Thence South 84*10'38 East, departing said property line, a distance of 26.00 feet to the beginning of a curve to the right having a radius of 45.17 feet; thence Southerly along said curve through a central angle of 90°02’09”, a distance of 70.98 feet; thence South 05°50’47” West, a distance of 68.87 feet to the aforementioned property line; thence North 26°08’00” West, along said property line, a distance of 134,43 feet to the POINT OF BEGINNINING. and
CONTAINING 3,624 square feet, more or less.

See EXHIBIT B, attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION.

Vernon C. Little, PLS
GV Land Surveying

4113 Scotts Valley Drive, #102 Scotts Valley, CA 95066
V:\2023\V-23084\legals\NewBrighton-transferarea-B_043024.docx 206
Item 8 F.

23084
1 of GV Land Surveying ~ ; ; SHEET NO. 1 OF
4113 Scotts Valley Drive, Suite 102
Scotts Valley, CA 95066 CALCULATED BY VCL DATE 4/30/2024 gvlandsurveying.com SCALE: 1” =80'
EXHIBIT - B POINT OF COMMENCEMENT Monterey Avenue asis OF BEARINGS” $49°20'30"W 1086,38' e = — = yA oat — ——= 3". ON 560.38" —) > 526.00

FOUND /
STREET $40°39'30"E q
: MONUMENT | y |
i 44.M3/ 2/5 lo APN 036-151-01 / £ O
SOQUEL UNION ELEMENTARY =
SCHOOL DISTRICT a
1107 OR 318 ES
12/17/1956
du] >=
3/28/1951
128 M1

Legend
o MONUMENT FOUND AS NOTED

BOUNDARY LINE ADJOINING PROPERTY LIN LOT LINE TRANSFER

ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.
= O. S
90 S “o SY =
o S a S Y 17)

POINT OF BEGINNING

68.87'
S8410'38”E 26.00'
trol 7 OS POS LVS Y y APN 036-151-02
Vv CITY OF CAPITOLA
S05'50'47”W ( 5917 OR 362 )
10/03/1996

80! O! 40!
GRAPHIC SCALE: 1 INCH = 80 FEET

Orchid

Avenue 207
Item 8 F.

TRANSFER AREA - D
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

COMMENCING at a street centerline monument at the intersection of Monterey Avenue and Cabrillo Street, as shown on the record of survey on file in Volume 128 of Maps, at Page 1, in the Office of the County Recorder, Santa Cruz County, California, from which a street centerline monument at the angle point in Monterey Avenue bears, South 49°20'30’West, a distance of 1086.38 feet; thence South 49*20'30” West, along the centerline of Monterey Avenue, a distance of 526.00 feet; thence South 40°39’30” East, a distance of 25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26”08'00” East, along said property line, a distance of 222.84 feet to the POINT OF BEGINNING;
Thence South 83%35'27” East, departing said property line, a distance of 11.97 feet; thence South 06*24'33” West, a distance of 18.76 feet to the aforementioned property line; thence North 26°08'00” West, along said property line, a distance of 22.26 feet to the POINT OF BEGINNINING. and CONTAINING 112 square feet, more or less.

See EXHIBIT D, attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION.

Vernon C. Little, PLS
GV Land Surveying

4113 Scotts Valley Drive, #102 Scotts Valley, CA 95066
V:\2023\V-23084\legals\NewBrighton-transferarea-D_043024.docx 208
Item 8 F.
23084 of GV Land Surveying emo 1 | .

CALCULATED BY VCL DATE 4/30/2024
1”=80'
4113 Scotts Valley Drive, Suite 102
SCALE:

Scotts Valley, CA 95066
gvlandsurveying.com

POINT OF COMMENCEMENT AN

Monterey Avenue "asis oF BEARINGS” < _ 7 __ $49°20'30"W 1086.38" = 560.38" == 526.00
FOUND S40"39'30”E / 25.00'

STREET

MONUMENT
APN 036-151—01 |

SOQUEL UNION ELEMENTARY
SCHOOL DISTRICT 816 OR 139 1107 OR 318) Sy,
12/17/1956 e

POINT OF
iy QO. a]

3/28/1951
128 M 1
/ BEGINNING
masosao 1 ISE

22.26 :
> \ S06'24'33"W

18.76' SD
80! o! 40'
GRAPHIC SCALE: 1 INCH = 80 FEET
APN 036-151-02

CITY OF CAPITOLA
( 5917 OR 362 )
10/03/1996

Legend
o. MONUMENT FOUND AS NOTED

BOUNDARY -LINE

ADJOINING PROPERTY LINE

LOT LINE TRANSFER

ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.

209
Item 8 F.

EXHIBIT E
Grant Deed for District Exchange Property
17 210
Item 8 F.

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Capitola
Attn: Jamie Goldstein, City Manager
420 Capitola Avenue
Capitola, CA 95010
MAIL TAX STATEMENTS TO:

Same as above
Recording of this document is fee-exempt under Government Code Sections 6103 and 27383.

No Documentary Transfer Tax is due on this document pursuant to Revenue and Taxation Code

Section 11922.

GRANT DEED
Assessor’s Parcel Number: Portion of 036-151-01
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Soquel Union School District, a Political Subdivision of the State of California, who acquired title as Soquel Union Elementary School District (“Grantor”), hereby grants to the City of Capitola (“Grantee”), a municipal corporation, that certain real property in the County of Santa Cruz, State of California described in and attached hereto as “Exhibit 1” and incorporated herein (the “Property”).

In witness whereof, Grantor has caused this Grant Deed to be executed as of the day of , 2024.

Soquel Union Elementary School District
By: Scott Turnbull
Its: Superintendent
211
Item 8 F.

NOTARY

ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

COUNTY OF )
On , 2024, before me, , Notary Public,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:(Seal)
212
Item 8 F.

EXHIBIT 1

PROPERTY LEGAL DESCRIPTION
(Portions of Assessor’s Parcel Number: 036-151-01)
TRANSFER AREA—A
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26*08'00” East, along said property line, a distance of 450.61 feet to the POINT OF BEGINNING;
Thence continuing South 26°08’00” East, along said property line, a distance of 28.87 feet to the Northwest corner of “Tract No. 190 Seaview Park Unit No. 1” on file in Volume 37 of Maps, at Page 26, in the office of the County Recorder, Santa Cruz County, California; thence South 26°10'17” East, along the Westerly boundary of said Tract No. 190, a distance 163.46 feet to the Southeasterly boundary of the lands of Soquel Union Elementary School District; thence South 49°48’30” West, along said Southeasterly boundary, a distance of 15.46 feet; thence North 26"10'13” West, departing said Southeasterly boundary, a distance of 172.06 feet; thence North 05*50'47” East, a distance of 28.32 feet to the POINT OF BEGINNINING. and
CONTAINING 2,733 square feet, more or less.

See EXHIBIT A, attached hereto, and by this reference made a part hereof.

TRANSFER AREA — C
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California. 213
Item 8 F.

See EXHIBIT C, attached hereto, and by this reference made a part hereof. 214
Item 8 F.

Scotts Valley, CA 95066
gvlandsurveying.com
bf GV Land Surveying SHEET NO. 1 4113 Scotts Valley Drive, Suite 102

Monterey Avenue

JOB NO. 23084
OF 1
CALCULATED BY VCL DATE 4/30/2024
SCALE: 1"=80'
EXHIBIT - A POINT_OF COMMENCEMENT "BASIS OF BEARINGS”

$49°20'30"W 1086.38’ ~\

560.38" E | ‘526.00 |
APN 036—151-01

SOQUEL UNION ELEMENTARY

SCHOOL DISTRICT
3/28/1951

FOUND $40°39'30"E / STREET 2500 MONUMENT

1107 OR 318).

S 12/17/1956
128 M1
80!

N2610°13"W
172.06’
$49°48’30"W

15.46"
Legend
e MONUMENT FOUND AS NOTED
-- BOUNDARY LINE POINT OF ADJOINING PROPERTY LINE BEGINNING GRAPHIC SCALE: 1 INCH = 80 FEET

LOT LINE TRANSFER
ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.

APN 036-151-02 CITY OF CAPITOLA
NOSE (5917 OR 362 )

28.32’ $26'08'00"E 10/03/1996
| 28.87"

s26"10'17”E
163.46"

Orchid
Avenue

215
Item 8 F.

JOB NO. 23084
SHEET NO. 1 OF 1
VCL DATE 4/30/2024

1 GV Land Surveying

CALCULATED BY
1"=80'
4113 Scotts Valley Drive, Suite 102
Scotts Valley, CA 95066
SCALE:

POINT OF COMMENCEMENT A
gvlandsurveying.com

EXHIBIT - C
Monterey Avenue "asis oF BEARINGS” _ S49'20'30"W_ 1086.38' 560.38' YN 526.00'

FOUND / STREET 540"39'30”E o
MONUMENT 25.00 MONUMENT Sl ss 4.M3/2/5 > </o APN 036-151-01 S) O SOQUEL UNION ELEMENTARY En 2
SCHOOL DISTRICT v/
816 OR 139 1107 OR 318 uy
3/28/1951 12/17/1956 2
fee) 128 M1 $
By y [POINT OF BEGINNING
NO6'24'33”E Legend 2030 -
e MONUMENT FOUND AS NOTED (7 \
BOUNDARY LINE 526°08"00"E A
E 71.09' DA
80!

ADJOINING PROPERTY LIN

LOT LINE TRANSFER

| N84°10'38"W 38.24

80! o! 40!
GRAPHIC SCALE: 1 INCH = 80 FEET
APN 036-151-02

CITY OF CAPITOLA
( 5917 OR 362 )
10/03/1996

ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.

Orchid
Avenue 216
Item 8 F.

EXHIBIT F

CITY CERTIFICATE OF ACCEPTANCE OF GRANT DEED
This is to certify that the interest in real property conveyed by the Grant Deed dated , 2024, from the Soquel Union Elementary School District, a public agency duly organized and existing under the laws of the State of California, to the City of Capitola, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of

Capitola pursuant to authority conferred by Resolution No. , adopted by the City Council of the City of Capitola on , 2024, and the City Council of the City of Capitola consents to the recordation thereof by its duly authorized officer.

Dated:

CITY OF CAPITOLA,
a California municipal corporation
By:

Name:

Jamie Goldstein
Its: City Manager
18 217
Item 8 F.

EXHIBIT G
Grant Deed for City Exchange Property
19 218
Item 8 F.

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Soquel Union Elementary School District
Attn: Scott Turnbull, Superintendent
620 Monterey Avenue
Capitola, CA 95010
MAIL TAX STATEMENTS TO:

Same as above
Recording of this document is fee-exempt under Government Code Sections 6103 and 27383.

No Documentary Transfer Tax is due on this document pursuant to Revenue and Taxation Code

Section 11922.

GRANT DEED
Assessor’s Parcel Number: Portion of 036-151-02
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Capitola, a municipal corporation, who acquired title as the City of Capitola (“Grantor”), hereby grants to the Soquel Union Elementary School District, a Political Subdivision of the State of California, that certain real property in the County of Santa Cruz, State of California described in and attached hereto as “Exhibit 1” and incorporated herein (the “Property”).

In witness whereof, Grantor has caused this Grant Deed to be executed as of the day of , 2024.

City of Capitola

By: Jamie Goldstein
Its: City Manager
219
Item 8 F.

NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:
(Seal)

220
Item 8 F.

EXHIBIT 1

PROPERTY LEGAL DESCRIPTION
(Portion of Assessor’s Parcel Number: 036-151-02)
TRANSFER AREA — B
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26°08’00” East, along said property line, a distance of 316.18 feet to the POINT OF BEGINNING;
Thence South 84*10'38 East, departing said property line, a distance of 26.00 feet to the beginning of a curve to the right having a radius of 45.17 feet; thence Southerly along said curve through a central angle of 90°02’09”, a distance of 70.98 feet; thence South 05*50'47” West, a distance of 68.87 feet to the aforementioned property line; thence North 26*08'00” West, along said property line, a distance of 134.43 feet to the POINT OF BEGINNINING. and CONTAINING 3,624 square feet, more or less.

See EXHIBIT B, attached hereto, and by this reference made a part hereof.

TRANSFER AREA - D
SITUATE in the Shoquel Rancho, City of Capitola, County of Santa Cruz, State of California.

COMMENCING at a street centerline monument at the intersection of Monterey Avenue and Cabrillo Street, as shown on the record of survey on file in Volume 128 of Maps, at Page 1, in 221
Item 8 F.
the Office of the County Recorder, Santa Cruz County, California, from which a street centerline monument at the angle point in Monterey Avenue bears, South 49°20’30”West, a distance of 1086.38 feet; thence South 49°20’30” West, along the centerline of Monterey Avenue, a distance of 526.00 feet; thence South 40°39’30” East, a distance of 25.00 feet to the Southeasterly right-of-way of said Monterey Avenue, same being a point on the property line between Soquel Union Elementary School District and the City of Capitola; thence South 26°08’00” East, along said property line, a distance of 222.84 feet to the POINT OF BEGINNING;
Thence South 83°35’27” East, departing said property line, a distance of 11.97 feet; thence South 06°24’33” West, a distance of 18.76 feet to the aforementioned property line; thence North 26°08’00” West, along said property line, a distance of 22.26 feet to the POINT OF BEGINNINING. and
CONTAINING 112 square feet, more or less.

See EXHIBIT D, attached hereto, and by this reference made a part hereof. 222
Item 8 F.

7” GV Land Surveying “°"° — 7 : y 3 SHEET NO, 1 OF 1
4113 Scotts Valley Drive, Suite 102
Scotts Valley, CA 95066 CALCULATED BY VCL DATE 4/30/2024 gvlandsurveying.com SCALE: 1”=80'

EXHIBIT - B POINT OF COMMENCEMENT
"BASIS OF BEARINGS” 1086.38" 7 Monterey Avenue
_ _ $49°20'30"W
560.38" UN 526.00'
7 FOUND FOUND
STREET S40'39'30”E MONUMENT 25.00 el Sle e a 44 M3 / 2/5 > |S =/0 APN 036-151-—01 / su SOQUEL UNION ELEMENTARY =
SCHOOL DISTRICT do
816 OR 139 1107 OR 318 ES
3/28/1951 12/17/1956
128 M 1 sel =
(a) E Vy \
g A Ds Mm
40! 80!

80! O!
GRAPHIC SCALE: 1 INCH = 80 FEET

Legend
e MONUMENT FOUND AS NOTED
-- BOUNDARY LINE POINT OF

ADJOINING PROPERTY LINE BEGINNING

LOT LINE TRANSFER
ALL DISTANCES ARE IN FEET $84'10'38"E
AND DECIMALS THEREOF. ; 26.00
- ron S SE © Oa 2 ES YP APN 036-151-02
v CITY OF CAPITOLA
S05'50'47"W ( 5917 OR 362 )

68.87' 10/03/1996
Orchid
Avenue
[

223
Item 8 F.

¿7 GV Land Surveying +” — 4 y 8 SHEET NO. 1 OF 1
4113 Scotts Valley Drive, Suite 102 Scotts Valley, CA 95066 CALCULATED BY VCL DATE 4/30/2024 gvlandsurveying.com SCALE: 1”=80'
EXHIBIT - D POINT OF COMMENCEMENT Monterey Avenue "asis OF BEARINGS” - 7 o _ S49'20'30"W_ 1086.38 5
S 560.38" -T~ 526.00’
FOUND S40'39'30"E_//
MONUMENT :

APN 036-151-01 /
SOQUEL UNION ELEMENTARY dy SCHOOL DISTRICT 2 y!
a % 816 OR 139 1107 OR318) 28
3/28/1951 12/17/1958 Y

POINT OF / BEGINNING
/ SSS” N26'08'00"W 58335 27"E

22.26' Legend _—
MONUMENT FOUND AS NOTED 506°24'33"W (7 Ñ

18.76' A Y

BOUNDARY LINE

ADJOINING PROPERTY LIN

LOT LINE TRANSFER

ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.
——

80! o
GRAPHIC SCALE: 1 INCH = 80 FEET
APN 036-151-02

CITY OF CAPITOLA
( 5917 OR 362 )
10/03/1996

224
Item 8 F.

EXHIBIT H

DISTRICT CERTIFICATE OF ACCEPTANCE OF GRANT DEED
This is to certify that the interest in real property conveyed by the Grant Deed dated , 2024, from the City of Capitola, a municipal corporation, to the Soquel Union Elementary School District, a public agency duly organized and existing under the laws of the State of California, is hereby accepted by the undersigned officer on behalf of the Soquel Union Elementary School District pursuant to authority conferred by the California Constitution and California Education Code sections 1040, et seg., and the Soquel Union Elementary School District consents to the recordation thereof by its duly authorized officer.

Dated:

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT,
a public agency duly organized and existing
under the laws of the State of California
By:

Name:

Scott Turnbull
Its: Superintendent
20 225
Item 8 F.

EXHIBIT I

FORM OF PRELIMINARY CHANGE OF OWNERSHIP REPORT
21 226
Item 8 F.

BOE-502-A (P1) REV. 18 (05-23)

PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder’s office for the county where the property is located.

NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE
(Make necessary corrections to the printed name and mailing address) ASSESSOR'S PARCEL NUMBER r
L

SELLER/TRANSFEROR

BUYER'S

DAYTIME TELEPHONE NUMBER

JJ BUYER'S EMAIL ADDRESS

STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
[| YES [] NO This property is intended as my principal residence. If YES, please indicate the date of occupancy MO DAY [YEAR or intended occupancy.
[] YES [_| NO Are you a 100% rated disabled veteran who was compensated at 100% by the Department of Veterans Affairs or an unmarried

surviving spouse of a 100% rated disabled veteran?
MAIL

PROPERTY TAX INFORMATION TO (NAME)
MAIL PROPERTY TAX INFORMATION TO (ADDRESS) _ CITY | STATE | ZIP CODE

PART 1. TRANSFER INFORMATION Please complete all statements.

This section contains possible exclusions from reassessment for certain types of transfers.

YES NO LI L OOU OO 0 DU DDOD0O ooo O
[JA
O e
[_]*c. LJ * . o» m oO * O mn
O.

OOOO OOOO oOo
=p.
[] @
. This transfer is the result of a cotenant’s death. Date of death This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.).

This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.).

This is a transfer: [ ] between parent(s) and child(ren) [ between grandparent(s) and grandchild(ren).

Was this the transferor/grantor’s principal residence? [ YES [] NO Is this a family farm? [| YES

[] NO
. This transaction is to replace a principal residence owned by a person 55 years of age or older.

This transaction is to replace a principal residence by a person who is severely disabled. . This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or natural disaster for which the Governor proclaimed a state of emergency.
. This transaction is only a

correction of the name(s) of the person(s) holding title to the property (e.g., aname change upon marriage).

If YES, please explain:

The recorded document creates, terminates, or reconveys a lender's interest in the property.

This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest K. The
(e.g.,
recorded
cosigner).
document
If YES, please
substitutes
explain:
a trustee

of a trust, mortgage, or other similar document.
. This is a transfer of property:

4. to/from a revocable trust that may be revoked by the transferor and is for the benefit of [ the transferor, and/or [] the transferor's spouse [| registered domestic partner.

2. to/from an irrevocable trust for the benefit of the
[] creator/grantor/trustor and/or [| grantor's/trustor's spouse [] grantor's/trustor's registered domestic partner. . This property is subject to a lease with a remaining lease term of 35 years or more including written options. . This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer.

This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.

This transfer is to the first purchaser of a new building containing a [| leased [ owned active solar energy system. * Please
Other.
refer
This
to
transfer
the instructions
is to
for Part 1.

Please provide any other information that will help the Assessor understand the nature of the transfer.

THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
227
Item 8 F.

BOE-502-A (P2) REV. 18 (05-23)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.

A. Date of transfer, if other than recording date:

B. Type of transfer:
[ Purchase [ Foreclosure [ | Gift [] Trade or exchange [| Merger, stock, or partnership acquisition (Form BOE-100-B) [_] Contract of sale. Date of contract: [_] Inheritance. Date of death:
[] Sale/leaseback [| Creation of a lease [| Assignment of a lease [] Termination of a lease. Date lease began:

Original term in years (including written options): Remaining term in years (including written options):
[] Other. Please explain:

C. Only a partial interest in the property was transferred. [ ]Yes [] NO IF YES, indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable.

A. Total purchase price $

B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C. First deed of trust @ % interest for years. Monthly payment $ Amount $ [ | FHA (___Discount Points) [] Cal-Vet [| VA (___ Discount Points) [] Fixed rate [| Variable rate [ Bank/Savings & Loan/Credit Union [| Loan carried by seller

[_] Balloon payment $ Due date:

D. Second deed of trust @ % interest for years. Monthly payment $ Amount $ [| Fixed rate [| Variable rate [ ] Bank/Savings & Loan/Credit Union [_] Loan carried by seller [ Balloon payment $ Duedate: ">>
E. Was an Improvement Bond or other public financing assumed by the buyer? [ JYes [] NO Outstanding balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased: [_J Through real estate broker. Broker name: Phone number:
[| Direct from seller [] From a family member-Relationship [] Other. Please explain:

H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the

existing

loan balance) that would

assist the Assessor in the valuation of your property.

PART 4. PROPERTY INFORMATION Check and complete as applicable.

A. Type of property transferred
[ Single-family residence [ Co-op/Own-your-own [ Manufactured home [ Multiple-family residence. Number of units: [| Condominium [| Unimproved lot [ Other.

Description: (i.e., timber, mineral, water rights, etc.) [] Timeshare | Commercial/Industrial B. [_JYES [| No Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.

If YES, enter the value of the personal/business property: $ Incentives $ C. [| Jyes [] NO A manufactured home is included in the purchase price.

If YES, enter the value attributed to the manufactured home: $ [_JYES O NO The manufactured home is subject to local property tax. If NO, enter decal number:

D.[ Jyes [_]NO The property produces rental or other income.

If YES, the income is from: [ | Lease/rent [ ] Contract [] Mineral rights — [_] Other:

E. The condition of the property at the time of sale was: [_]Good [_JAverage [| Fair [_]Poor Please describe:

CERTIFICATION
| certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the

best

of my knowledge and belief.

SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE o o TELEPHONE NAME OF BUYER/TRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) | TITLE o EMAIL ADDRESS

The Assessor's office may contact you for additional information regarding this transaction. 228 Item 8 F.

BOE-502-A (P3) REV. 18 (05-23)

ADDITIONAL INFORMATION
Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20).

NOTICE: The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill.

NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter Assessor’s Parcel Number, name of seller, buyer’s daytime telephone number, buyer’s email address, and street address or physical location of the real property.

NOTE: Your telephone number and/or email address is very important. If there is a question or a problem, the Assessor needs to be able to contact you.

MAIL PROPERTY TAX INFORMATION TO: Enter the name, address, city, state, and zip code where property tax information should be mailed. This must be a valid mailing address.

PRINCIPAL RESIDENCE: To help you determine your principal residence, consider (1) where you are registered to vote, (2) the home address on your automobile registration, and (3) where you normally return after work. If after considering these criteria you are still uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as your principal residence, and indicate the date of occupancy or intended occupancy.

DISABLED VETERAN: If you checked YES, you may qualify for a property tax exemption. A claim form must be filed a nd all requirements met in order to obtain the exemption. Please contact the Assessor for a claim form.

PART 1: TRANSFER INFORMATION
If you check YES to any of these statements, the Assessor may ask for supporting documentation.

C, D, E, F, G: If you checked YES to any of these statements, you may qualify for a property tax reassessment exclusion, which may allow you to maintain your property’s previous tax base. A claim form must be filed and all requirements met in order to obtain any of these exclusions. Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be subject to federal gift tax. You make a gift if you give property (including money), the use of property, or the right to receive income from property without expecting to receive something of at least equal value in return. The transferor (donor) may be required to file Form 709, Federal Gift Tax Return, with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount.

H: Check YES if the reason for recording is to correct a name already on title [e.g., Mary Jones, who acquired title as Mary J. Smith, is granting to Mary Jones]. This is not for use when a name is being removed from title.

I: Check YES if the change involves a lender, who holds title for security purposes on a loan, and who has no other beneficial interest in the property.
"Beneficial interest" is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell, mortgage, or lease the property to another. A beneficial interest can be held by the beneficiary of a trust, while legal control of the trust is held by the trustee.

J: A "cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an agreement with the lender stating that if the borrower fails to repay the loan, the cosigner will assume legal liability for it.

N: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited liability companies. Check YES only if the individuals and the interest held by each remains exactly the same in each and every parcel being transferred.

O: Check YES only if this property is subject to a government or nonprofit affordable housing program that imposes restrictions. Property may qualify for a restricted valuation method (i.e., may result in lower taxes).

P: If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all requirements met in order to obtain the exclusion. Contact the Assessor for a claim form.

PART 2: OTHER TRANSFER INFORMATION
A: The date of recording is rebuttably presumed to be the date of transfer. If you believe the date of transfer was a different date (e.g., the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer date. If it is not the date of recording, the Assessor may ask you for supporting documentation.

B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a separate sheet if necessary.
229
Item 8 F.

BOE-502-A (P4) REV. 18 (05-23)
C. If this transfer was the result of an inheritance following the death of the property owner, please complete a Change in Ownership Statement, Death of Real Property Owner, form BOE-502-D, if not already filed with the Assessor’s office.

PART 3: PURCHASE PRICE AND TERMS OF SALE
It is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors in determining the assessed value of the property, which is used to calculate your property tax bill. Your failure to provide any required or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes.

A. Enter the total purchase price, not including closing costs or mortgage insurance. “Mortgage insurance” is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or a private mortgage insurer.

B. Enter the amount of the down payment, whether paid in cash or by an exchange. If through an exchange, exclude the closing costs. “Closing costs” are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller, which include title searches, lawyer’s fees, survey charges, and document recording fees.

C. Enter the amount of the First Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.

A “balloon payment” is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment.

D. Enter the amount of the Second Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.

E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding balance, and mark the applicable box.

An “improvement bond or other public financing” is a lien against real property due to property-specific improvement financing, such as green or solar construction financing, assessment district bonds, Mello-Roos (a form of financing that can be used by cities, counties and special districts to finance major improvements and services within the particular district) or general improvement bonds, etc. Amounts for repayment of contractual assessments are included with the annual property tax bill.

F. Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price.

G. If the property was purchased through a real estate broker, check that box and enter the broker’s name and phone number. If the property was purchased directly from the seller (who is not a family member of one of the parties purchasing the property), check the “Direct from seller” box. if the property was purchased directly from a member of your family, or a family member of one of the parties who is purchasing the property, check the “From a family member” box and indicate the relationship of the family member (e.g., father, aunt, cousin, etc.). If the property was purchased by some other means (e.g., over the Internet, at auction, etc.), check the “OTHER” box and provide a detailed description (attach a separate sheet if necessary).

H. Describe any special terms (e.g., seller retains an unrecorded life estate in a portion of the property, etc.), seller concessions (e.g., seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the broker/agent for either the buyer or seller), financing, buyer paid commissions, and any other information that will assist the Assessor in determining the value of the property.

PART 4: PROPERTY INFORMATION
A. Indicate the property type or property right transferred. Property rights may include water, timber, mineral rights, etc.

B. Check YES if personal, business property or incentives are included in the purchase price in Part 3. Examples of personal or business property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships (golf, health, etc.), ski lift tickets, homeowners’ dues, etc. Attach a list of items and their purchase price allocation. An adjustment will not be made if a detailed list is not provided.

C. Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being subject to property taxes, check NO and enter the decal number.

D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the source of that anticipated income. Check NO if the property will not generate income, or was purchased with the intent of being owner-occupied.

E. Provide your opinion of the condition of the property at the time of purchase. If the property is in “fair” or “poor” condition, include a brief description of repair needed.
230
Item 8 F.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: Youth Liaison Program
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with United Way Santa Cruz County for the City of Capitola’s participation in the Santa Cruz County Youth Liaison Program; and nominate two Council Members to serve as mentors to selected Youth Liaison participants.

Background: United Way of Santa Cruz County partners with donors, volunteers, advocates, governments, and other nonprofits to co-design collaborative programs that lead to positive and sustainable outcomes for the highest needs youth. The Youth Action Network (YAN) is an initiative coordinated by the United Way of Santa Cruz County (United Way), that focuses on increasing meaningful participation for youth within the county.

The City is dedicated to promoting youth community connectedness by supporting youth education, leadership, and well-being, and is committed to working with organizations and initiatives to implement a framework that outlines how the City will amplify youth voice in City decision-making. To that end, the City Council adopted Resolution No. 4328, the Capitola Children and Youth Bill of Rights on July 27, 2023
Discussion: The City Council established a fiscal year goal to participate in the newly formed Youth Liaison Program. The Youth Liaison Program is designed as a connection between young people and City Council members, ensuring that youth perspectives are considered in the local government decisionmaking process. The Program will allow high-school students to participate in municipal government and learn about the role of the City Council in our region.

United Way staff, along with staff from the cities of Santa Cruz and Capitola have worked together to create the Youth Liaison Program, a first-of-its-kind effort in our County. While United Way will provide formal onboarding (including necessary paperwork and appropriate measures to ensure youth are protected throughout the Liaison Program), City staff will work closely with United Way to further develop this exciting chapter in youth participation within local governments.

Once admitted, Youth Liaisons will attend City Council meetings, meet with their designated Council Member Mentor monthly to communicate youth-centered priorities in the community and learn about being an elected official. At the close of the program, Liaisons will report out to the City Council on their experience. To incentivize students and compensate them for their time, participants will be awarded a $650 stipend by United Way.

A Memorandum of Understanding is attached to this report, which outlines Program duties for the City of Capitola and United Way.

Based on City Council direction during the February Goals and Priorities workshop, and the earlier adoption of the Children and Youth Bill of Rights, City staff recommends Capitola host two Youth Liaisons for the nine-month school term, beginning in September. City and United Way staff have a working session scheduled in mid-August to determine the selection process and will work together to assess applications and choose liaisons.

Members of the City Council are imperative to the success of this program. Because the City will provide stipend funding for two participants, Staff recommends that Council nominate two members to serve as mentors to partner with the Capitola Youth Liaisons.
231
Item 9 A.

Fiscal Impact: If approved, the City will provide $1,300 to United Way to provide two youth liaison stipends in fiscal year 2024-25. Those funds were included in the adopted fiscal year budget.

Attachments:

1. Memorandum of Understanding
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
232
Item 9 A.

Memorandum of Understanding
Between United Way Santa Cruz County and the City of Capitola regarding The Youth Liaison Program
This Memorandum of Understanding (“MOU”) is entered into between United Way Santa Cruz County (DBA United Way), a California 501(c)3 non-profit corporation and the City of Capitola (“City”), a California municipal corporation, and is effective as of the date fully executed. City and United Way are referred to collectively herein as the “Parties”.

United Way Santa Cruz County partners with donors, volunteers, advocates, governments, and other nonprofits to codesign collaborative programs that lead to positive and sustainable outcomes for highest needs youth. The City wishes to partner with United Way to participate in a Youth Liaison Program, where high-school aged students can connect with their community and experience local government. The Youth Liaison Program is designed as a connection between young people and City Council members, ensuring that youth perspectives are considered in the decision-making process.

The City of Capitola wishes to participate in the Youth Liaison Program. The Parties desire and agree to partner in the following manner:

1. The City agrees to do the following:
 Provide funding to United Way to pay youth liaison participant stipends. o In FY 2024-25 the City has agreed to grant $1,300 ($650 for two students each)  Assist with liaison recruitment and outreach.
 Participate in Youth Liaison Program Orientation.
 Facilitate Council Member mentoring for each selected Youth Liaison participant. o Participating Council Members will consent to finger-printing through the local school district  Coordinate annual presentation during a City Council meeting for Youth Liaison participant to summarize their experience as a Liaison.

2. United Way Santa Cruz County agrees to do the following:
 Collaborate with City staff to provide Youth Liaison Program framework and structure.  Create and host online applications; perform recruitment for liaison applicants.  Collaborate with City Staff on liaison selection process.  Perform Youth Liaison Program logistical onboarding before Youth begins with the City; including liability and media release forms, and emergency contact and stipend paperwork  Collaborate with City staff to create and host Youth Liaison Program Orientation  Provide United Way developed “Working with Youth” policies for City staff and Council Members  Pay youth stipends
United Way and City indicate agreement with this MOU by their signatures below:

UNITED WAY SANTA CRUZ COUNTY
_________________________________ ______________
Sarah Emmert, Director of Community Impact Date

CITY OF CAPITOLA
_________________________________ ______________
Jamie Goldstein, City Manager Date
233
Item 9 A.

Youth Liaison Program
234
Item 9 A.

Preview: Recommendation

1. Authorize City Manager to execute an MOU with United Way for the City’s participation and $1,300 to the Youth Liaison Program

2. Nominate one or two City Council members to serve as Youth Liaison mentors
235
Item 9 A.

Background •Council adopted Children
& Youth Bill of Rights last
year •Participating in Youth
Liaison Program: goal for
FY 2024-25 • $1,300 of ECYP funds •Youth Action Network:
initiative coordinated by
United Way Santa Cruz
County
236
Item 9 A.

Program Goals
•Ensure youth perspectives are heard &
considered in local government decisions
•Allow high-school students to participate in
& learn about municipal government
237
Item 9 A.

Program Format
•Youth submit online application to United Way
•Youth Liaisons selected by YAN and City of Capitola staff (?) • Selection process discussed in August
•Liaisons:
• Meet monthly Council Member mentor
• Attend Council meetings
• Present to Council at conclusion of program
• Receive stipend (from United Way)
238
Item 9 A.

Council Member
Participation •Serve as mentor to Youth
Liaison •Meet monthly with
member •Submit for live-scan
services •Follow United Way
Working with Youth
Policies
239
Item 9 A.

Recommendation

1. Authorize City Manager to execute an MOU with United Way for the City’s participation and $1,300 allocation to the Youth Liaison Program

2. Nominate one or two City Council members to serve as Youth Liaison mentors
240
Item 9 A.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: Police Chief Recruitment Process
Recommended Action: Approve the Police Chief internal recruitment process and designate up to two City Council Members to serve on the interview panel.

Background: Police Chief Dally has announced his intention to retire from the City of Capitola by the end of 2024. To prepare for his retirement, the City Manager’s Department needs to begin the hiring process to be prepared to fill this position.

As with all City Department Head positions, the City Manager is responsible for hiring the Police Chief.

Due to the public-facing nature of the Police Chief role, and the overall significance of the position, the Department Head Compensation Plan states the City Council shall review and approve the Police Chief recruitment process.

Discussion: Staff reviewed the recruitment process used in 2021 when the City last hired a Police Chief.

In 2021, the City used a professional recruiting firm, Bob Murray and Associates, and selected several candidates, including one internal candidate. For this recruitment process, staff proposes an internalrecruitment, to assess current City employees for their readiness and capability as the next Capitola Police Chief. Staff recommends the following plan for the Police Chief recruitment:

1. Internal Review: Conduct internal meetings with the Police Officers Association and other staff regarding needed characteristics for the Police Chief.

2. Internal Recruitment: An internal recruitment will be conducted. Initial screening of candidates based on established criteria and testing will be completed. Candidates who are successful in the initial screening will complete panel interviews.

3. Two Interview Panels: 1) A panel comprised of community members, several Department Heads, and up to two Council Members; 2) a professional panel consisting of current and retired Chiefs of Police.

Based on the internal review and results of the interviews, the City Manager will select the successful candidate.

Staff anticipates interviews in mid to late September, allowing a new Police Chief to be in place by November 2024.

Fiscal Impact: None.

Attachments: None.

Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
241
Item 9 B.

CHIEF OF POLICE

RECRUITMENT PLAN
July 25, 2024
242
Item 9 B.

Background
•Chief Andrew Dally is retiring in November
•Department Head Compensation/Benefits Plan requires
public review & Council approval of Police Chief
recruitment process
•City Manager recommends an internal recruitment
243
Item 9 B.

Recruitment Plan
• August/September:
• Internal meetings with Chief’s Advisory Committee, POA & Staff • Open internal recruitment
• September:
• Two Interview Panels
• City Council and Community Members
• Professionals and City Staff
• October/November:
• City Manager selection & appointment
244
Item 9 B.

Recommendation
• Approve the Police Chief internal recruitment process •Designate 1-2 City Council members to serve on interview panel 245
Item 9 B.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: Police Department
Subject: Dogs at City Parks and Capitola Beach
Recommended Action: Receive a presentation on current dog regulations at City Parks and City Beaches and either a) take no further action, or b) identify potential changes to dog regulations and direct staff to return at a noticed future City Council meeting.

Background: For many years, the City of Capitola has sought to provide facilities where dog owners can exercise their dogs. In 2002, the Capitola City Council amended the municipal code to allow leashed dogs in designated city parks. The City Council has also periodically considered allowing dogs on all or parts of the beach and evaluated the feasibility of adding off-leash access in parks, with the most recent review taking place in 2012.

Among the 12 designated City parks/locations, one location allows for dogs off-leash (Ozzi Dog Park at McGregor Park), seven parks have leash law requirements, and three (Beach, Wharf, Hidden Park) do not allow dogs. In comparison, the City of Santa Cruz does not allow dogs on Main Beach; however, Santa Cruz does have other dedicated dog beaches. Neighboring jurisdictions allow dogs on-leash in both the county and state parks.

Capitola has adopted a leash law that requires dogs to be on a leash no longer than six feet in length in public places. In a separate section, the Municipal Code identifies specific parks where dogs are prohibited or where leashes are required. In addition, the Code also allows the City to post other public locations where dogs are prohibited. Below is a list of City parks and beaches with dog regulations.

Location
Off Leash
Dogs
Allowed
Dogs Allowed
On Leash
How
Regulated Notes
McGregor "Ozzi" Dog
Park Yes Yes Posted signs
Allowed off-lease in Fenced
Dog Park
Soquel Creek Park Yes Code
Jade Street Park Yes Code
Dogs prohibited from lawn
and tennis court areas
Esplanade Park Yes Code
Dog prohibited from the lawn
area
Monterey Ave Park Yes Code
Noble Gulch Park Yes Code
Peery Park Yes Code
Hihn Park Yes Leash Law
Park at Rispin
Mansion Yes Leash Law Under construction
Capitola Beach No Code
Capitola Wharf No Code
Cortez Park (Hidden
Park) No Posted signs
246
Item 9 C.

Discussion: Capitola Municipal Code Section 6.14.200 and Section 6.14.320 outline the City’s current regulations for dogs in public spaces and parks. Copies of these code sections are included in Attachment

1. Copies of the meeting minutes from the City Council meeting when 6.14.200 was adopted are included as Attachment 2.

The following is an outline of general considerations for specific public spaces Capitola Beach
 Capitola Beach is approximately 400 yards of municipal beach that becomes very popular during the high season (May – October). Similar to Main Beach in Santa Cruz, Capitola Beach does not allow dogs due in part to density issues.
 During the off-season, the Police Department receives weekly complaints about dogs being offleash or defecating on the beach.  During the high season (May – October), increased beach usage by visitors, Junior Lifeguards, and other sanctioned events compounds these issues, results in a higher number of contacts and complaints for dog violations.
 Officers from the Police Department and Santa Cruz County Animal Services have issued citations for violations, although many interactions with dog owners are educational.  Changes to dog regulations on the beach may require some level of Coastal Commission review.

Capitola Wharf
 Municipal wharfs have high concentrations of people within confined spaces, which can exacerbate territorial and/or poor behavior in dogs, leading to conflicts between dogs or between dogs and people. The current Wharf plan includes fishing activities and other distractions that can cause dogs to act unpredictably, creating potential hazards, including wildlife hazards.  Managing dog waste on a wharf can be challenging. Dog waste can create unpleasant conditions for visitors, environmental hazards, pose health risks, and can be difficult to clean on wooden surfaces.

Park Regulations
 Monterey and Jade Street Parks have programmed organized sports/youth activities. In prior reviews of this subject matter, the Soquel Unified Elementary School District and the City’s Recreation staff have expressed concerns regarding the impacts of off-leash dog use at these parks. The Superintendent of the Soquel Unified Elementary School District has provided comments as Attachment 3.
 Staff has identified upper Noble Gulch Park as the most feasible location to potentially test another off-leash dog park due to the lack of conflict with current park uses and park layout. Implementing such a project would require an amendment to the Municipal Code and a budget allocation for new fencing and signage.

Should the City Council want to change regulations regarding dogs in City parks and beaches, staff recommends clear and identifiable boundaries (example: “leashed/unleashed dogs are allowed in [specific location] only”) rather than time-of-use rules (example: “dogs allowed from 4-7 pm”). Staff has found it easier for the public to understand and staff to enforce consistent location-based rules.

There is no required action with this presentation. Should the City Council seek changes to the regulations for dogs at a specific location, staff could return to a future noticed meeting with documentation necessary to implement the new regulations. 247
Item 9 C.

Fiscal Impact: The cost of implementing and enforcing any program will greatly depend on the issues outlined above. Staff would return to the City Council with a plan and schedule with specific financial details for any change that is requested.

Attachments:

1. CMC 6.14.200 and 6.14.320

2. Excerpt from City Council Meeting Minutes from September 27, 2001

3. SUESD Comments
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
248
Item 9 C.

Attachment 1 – Capitola Municipal Code 6.14

6.14.200 Dogs in public places – Permitted and prohibited locations.

A. Except as provided in Section 6.14.210, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be in any of the following locations, whether with or without a leash:

1. On any public beach within the city of Capitola;

2. Capitola Wharf;

3. Any other public location in the city that is posted with signage prohibiting dogs.

B. Dogs shall be permitted on leash in the following parks unless the city council, by resolution, declares the prohibitions of subsection A of this section applicable to such areas: Monterey Avenue Park, Noble Gulch Park, Perry Park, Soquel Creek Park, Jade Street Park (except for lawn and tennis court areas), and Esplanade Park (except for lawn areas). (Ord. 912 § 2, 2006)

6.14.320 Leashing required.

Unless a dog is under restraint by leash or chain no longer than six feet in length or confined within an automobile, no person owning, having an interest in, harboring, or having charge, care, control, custody or possession of that dog shall cause or permit such dog to be in or upon:
any public street, alley or other public place; in or upon any unenclosed lot or premises; or in or upon any other private property posted with signs prohibiting off-leash dogs. (Ord. 915 § 1, 2007; Ord. 912 § 2, 2006)
249
Item 9 C.
1 Gautho, Julia
From: Goldstein, Jamie ([email protected])
Sent: Thursday, July 18, 2024 2:16 PM
To: Gautho, Julia
Cc: Dally, Andrew ([email protected])
Subject: FW: SUESD Supt Comments on Dogs / Monterey Park Follow Up Flag: Follow up
Flag Status: Flagged
Please see below correspondence related to the item on the coming agenda regarding regulations for dogs in parks.

From: Scott Turnbull <[email protected]>
Sent: Thursday, July 18, 2024 9:30 AM
To: Goldstein, Jamie ([email protected]) <[email protected]> Subject: SUESD Supt Comments on Dogs / Monterey Park
July 18, 2024
Dear Capitola City Council Members,
As the Superintendent of Soquel Union Elementary School District (SUESD) for eight years, I am eternally grateful for our partnership with the City of Capitola. From support with after-school childcare, the Equity Swim Program, an incredibly responsive police department, and much more, I could not be more appreciative for working with the City of Capitola as a community partner. I am writing about an upcoming item on your agenda in which you are considering a request to create a dog off-leash area at Monterey Park. This is a challenging message for me to write because I have been a dog owner and lover all my life. Despite my love of dogs, I am expressing my opinion against allowing a dog off-leash area at Monterey Park. Previously, when this came before the council in 2022, city staff noted the following regarding current park uses and any potential changes to rules related to dogs: “Based on these existing park uses, and the difficulty in creating a new area isolated from these uses, staff recommends the existing rules requiring dogs on-leash remain in place.” I concur with those sentiments. Although I realize such an area would only be in use during certain hours, common sense would still dictate that the worst place for dogs to be off leash would be adjacent to a school (in this case, New Brighton Middle School, NBMS). Most dog owners are responsible for picking up after their pets, but there is no way to ensure and enforce that all dog owners pick up their dogs’ waste. There are already days when our Physical Education Teachers have to start their day picking up dog waste so that their students don’t come into contact with it. This is not the way a teacher should have to start their day. Having an off-leash area would only increase the likelihood of dog waste being left behind for our teachers and students to have to deal with. The robust programs, including after-school sports, often run well into the late afternoon or early evening. I respectfully request that you maintain existing rules requiring dogs to remain on leash at Monterey Park at all times due to existing park uses. Thank you for your consideration and all you do to support our community’s schools.

Sincerely,
250
Item 9 C.
2 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or confidential information only for the use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and /or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail and delete the transmission. Thank you. 251
Item 9 C.
252
Item 9 C.
253
Item 9 C.

Dog
Regulations
in Capitola
Capitola Municipal
Code Sections 6.14.200
and 6.14.320
254
Item 9 C.

Preview: Staff Recommendation
Either:
• Take no further action, or
• Identify potential changes to dog regulations and/or direct staff to return at a noticed future City Council meeting
255
Item 9 C.

Dog Regulations in Capitola
• Overview of presentation: • Where are dogs permitted • Current Regulations • Capitola Beach • Capitola Wharf • Park Regulations • Staff Recommendations • Discussion 256
Item 9 C.

Dogs Allowed On-Leash

6.14.320 Leash Law Requirements
(Six Feet in Length) – default law for all
public places
Hihn Park
Park at Rispin Mansion
Areas Specifically Permitted On-Leash
in Code (6.14.200):

Monterey Avenue Park
Noble Gulch Park
Peery Park
Soquel Creek Park
Jade Street Park (except for lawn and
tennis court areas)
Esplanade Park (except for lawn area)
257
Item 9 C.

Current Regulations where dogs
are not permitted:
• CMC 6.14.200 – Dogs in Public Places • Not Permitted • On any beach within the city of Capitola; • Capitola Wharf • Any location that is posted with signage prohibiting dogs
(e.g. Cortez Park)
Let’s talk about Capitola Beach
258
Item 9 C.

Capitola Beach
Regulations
• Currently dogs are not allowed on beach • Background: • Municipal Beach with approximately 400 yards of shoreline. Main beach, Hooper’s Beach, and low-tide to
NB State Beach • High Season (May – October) Lifeguards on the beach • Consistent with SC Main Beach – dogs not allowed • PD does receive complaints and has issued citations • Nearby beaches allow dog on leash (NB State Beach and Moran Lake) • May require a Coastal Commission review
Next, Capitola Wharf
259
Item 9 C.

Capitola Wharf
Regulations • Currently Dogs are not allowed
on the Wharf • Municipal Wharf with high
concentration of people • Current wharf plan includes
fishing activities and food
vendors • Concerns for a dog waste plan
and wildlife concerns • Consistent with Santa Cruz –
Dogs are not permitted on SC
Wharf
Next – City Parks
260
Item 9 C.

City Park
Regulations • Capitola City Parks: • Ozzy Dog Park – On- and off-leash • Soquel Creek Park – Allowed on-leash • Jade Street Park* - Allowed on-leash • Esplanade Park* - Allowed on-leash • Monterey Avenue Park - Allowed on-leash • Noble Gulch Park - Allowed on-leash • Perry Park - Allowed on-leash • Hihn Park (leash law applies) • Park at Rispin Mansion (leash law applies) • Cortez Park (Posted) • Capitola Beach • Capitola Wharf * Specific language in Ordinance about restrictions
to lawn areas and tennis courts
261
Item 9 C.

Monterey Avenue Park • Monterey Avenue Park and Jade
Street Park have been discussed as
possible dog park locations. • Recent discussion about dogs at Monterey Avenue Park • Challenges included competing
interests from organized sports
programs, youth activities, and
opposition from Soquel Unified
School District
262
Item 9 C.

Noble Gulch Park
• Currently allowed on-leash
• Possible Location in Upper Park for off
leash dog park
• Would Require a Municipal Code
amendment
• Budget for fence, water station, etc…
263
Item 9 C.

Considerations
• Clear and Identifiable boundaries
where dogs are allowed
• Clear rules that are consistent with
other parks
• Public outreach to seek input from
impacted area
264
Item 9 C.

Staff Recommendation
Either:
• Take no further action, or
• Identify potential changes to dog regulations and/or direct staff to return at a noticed future City Council meeting
265
Item 9 C.
4889-4293-1665 v2
Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: Ballot Argument in Favor and Rebuttal for November 2024 Measure Recommended Action: Adopt a resolution adopting the argument in favor of the City’s Transactions and Use Tax Measure placed on the ballot by Resolution No. 4385, releasing the right to draft the rebuttal argument in favor of the City’s Transactions and Use Tax Measure to identified individuals, and amending Section 6 of Resolution No. 4385 regarding the deadline for submission of arguments for and against the City’s Transactions and Use Tax Measure
Background: On June 27, 2024, the City Council approved the submission of a ballot measure to Capitola voters replacing a one-quarter (0.25%) cent Transactions and Use Tax (“Sales Tax”) with a one-half (0.50%) cent Sales Tax for a ten year period to protect essential city services, including public safety and emergency services; repair potholes, maintain streets, sidewalks, bike lanes, beaches, the new wharf, and recreation programs for youth; improve traffic safety; and support local businesses (the “Measure”).

During the meeting, the City Council appointed a subcommittee of Council Member Clarke and Vice Mayor Brooks to prepare the argument in favor of the Measure and directed the subcommittee to bring back a draft of the proposed argument at the July 25th City Council meeting. In adopting the Resolution placing the Measure on the ballot, the Council also set deadlines for the submission of arguments for and against the Measure, based on dates provided by the County Department of Elections. (Attachment 1) Discussion: Only one argument in favor will be placed in the ballot and may not exceed 300 words in length. Pursuant to California Elections Code 9287, an argument drafted by the City Council or member(s) authorized by the Council will be given priority if more than one argument is submitted.

Pursuant to Elections Code 9285 (a)(2), if an argument against the Measure is received, the City Council, as the author of the argument in favor of the Measure, may either prepare the rebuttal argument itself, or authorize in writing another person or persons to prepare the rebuttal argument. The attached Resolution (Attachment 3) allows the Council to release the rebuttal argument to individual(s) specified by the Council.

After the City published its agenda for the June 27th meeting, the County revised its deadlines for accepting arguments in favor and against city measures. The attached Resolution also therefore amends the deadlines for submittal of the arguments for and against, including the rebuttal argument, adopted at the June 27 meeting to reflect the new deadlines set forth by the County. Arguments in favor and against are now due by 5:00 p.m. on August 13, rather than August 16, and the rebuttal is due by 5:00 p.m. on August 20, 2024.

Pursuant to Elections Code 9600, all arguments regarding ballot measures must be accompanied by the form provided by the County Elections Department (Attachment 2). The form is to be signed by each proponent and by each author.

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

Attachments:

1. Resolution No. 4385

2. Signature Statement

3. Resolution adopting the argument in favor of the City’s Transactions and Use Tax Measure placed on the ballot by Resolution No. 4385, releasing the right to draft the rebuttal argument in favor of the City’s Transactions and Use Tax Measure to identified individuals, and amending 266
Item 9 D.
4889-4293-1665 v2
Section 6 of Resolution No. 4385 regarding the deadline for submission of arguments for and against the City’s Transactions and Use Tax Measure

4. Exhibit A to Resolution – Draft Ballot Argument
Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
267
Item 9 D.
268
Item 9 D.
269
Item 9 D.
270
Item 9 D.
271
Item 9 D.
272
Item 9 D.
273
Item 9 D.
274
Item 9 D.
275
Item 9 D.
276
Item 9 D.
\\scznas04\CLK\Users\Shared Documents\Manuals\Argument.Guide.docx - 14 -
Attachment D – Signature Statement
(Elections Code Section 9600)
All arguments and rebuttals concerning measures filed pursuant to Division 9 of the Elections Code shall be accompanied by the following statement to be signed by each author of the argument. Names and titles listed will be printed in the Voter’s Information Pamphlet in the order provided below and will appear as indicated below.
“The undersigned author(s) of the:
❑ Argument for
❑ Argument against
❑ Rebuttal to argument for
❑ Rebuttal to the argument against
ballot measure (insert letter) ________ at the ❑Primary ❑General ❑Special election for the______________________________________________________________________ (jurisdiction – name of district)
to be held on ________________________________ hereby state that such argument is true and (Election date)
correct to the best of his/her/their knowledge and belief.”

Argument/Rebuttal Filed by: (check any of the following that apply) This information will be provided on the County Clerk/Elections Website ❑ Board of Supervisors or Governing Board
Contact Person’s Printed Name: _____________________________________________________ Contact Person’s Signature: _________________________________________________________ Title: ____________________________________________________________________________ Phone: _______________________ E-Mail: _____________________________________________ ❑ Bona Fide Association of Citizens or Filers of Special District Initiative Name of Association: ______________________________________________________________ Principal Officer’s Printed Name: _____________________________________________________ Principal Officer’s Signature: ________________________________________________________ Title: ____________________________________________________________________________ Phone: _______________________ E-Mail: _____________________________________________ Attach list of officers if document relates to a school district measure ❑ Individual voter who is eligible to vote on the measure Printed Name: ____________________________________________________________________ Signature of Voter: ________________________________________________________________ Address Where You Live: ___________________________________________________________ Phone: _______________________ E-Mail: _____________________________________________ 277
Item 9 D.
\\scznas04\CLK\Users\Shared Documents\Manuals\Argument.Guide.docx - 15 -
Signature Statement – Page 2
Check one of the following and write-in the letter assigned to the measure:
❑ Argument for Measure _____
❑ Argument against Measure _____
❑ Rebuttal to argument for Measure ______
❑ Rebuttal to argument against Measure _____
The signatures of the following persons will be printed as submitted below following the argument or rebuttal.

Signature Print Name
as it will appear in the
Voter Information Guide
Print Title and
Name of Organization
(if applicable)
as it will appear in the
Voter Information Guide
Are you signing
on behalf of an
Organization?
YES or NO*
Date
*If the argument or rebuttal is being submitted on behalf of an organization, at least one of its principal officers must sign. 278
Item 9 D.
\\scznas04\CLK\Users\Shared Documents\Manuals\Argument.Guide.docx - 16 -
Attachment E –
Authorization for Another Person/s to Sign Rebuttal Argument I, _________________________________________________ authorize the following person(s) to sign (print name of FILER of the argument)
the rebuttal to the argument
❑ for
❑ against
Measure ______ for the _________________________ election. (Letter) (election date)
The filer may authorize any other person or persons to sign the rebuttal argument.

1. __________________________________ to sign instead of __________________________________. (print name of rebuttal signer) (print name of argument signer)

2. ___________________________________to sign instead of __________________________________. (print name of rebuttal signer) (print name of argument signer)

3. ___________________________________to sign instead of _________________________________. (print name of rebuttal signer) (print name of argument signer)

4. ___________________________________to sign instead of __________________________________. (print name of rebuttal signer) (print name of argument signer)

5. ___________________________________to sign instead of __________________________________. (print name of rebuttal signer) (print name of argument signer) Signature of Filer: _________________________________________________ Date: ________________ Attach this form to the 2-page "Signature Statement" submitted with the rebuttal argument. 279
Item 9 D.

SF #4814-3098-1230 v1
07183-0005
4876-2882-5040 v5
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA ADOPTING THE ARGUMENT IN FAVOR OF THE CITY’S TRANSACTIONS AND USE TAX MEASURE PLACED ON THE BALLOT BY RESOLUTION 4385, RELEASING THE RIGHT TO DRAFT THE REBUTTAL ARGUMENT IN FAVOR OF THE CITY’S TRANSACTIONS AND USE TAX MEASURE TO IDENTIFIED INDIVIDUALS AND AMENDING SECTION 6 OF RESOLUTION 4385 REGARDING THE DEADLINE FOR SUBMISSION OF ARGUMENTS FOR AND AGAINST THE CITY’S TRANSACTIONS AND USE TAX MEASURE
WHEREAS, on June 27, 2024, the City Council of the City of Capitola adopted Resolution No. 4384 calling a municipal election in the City and requesting the County of Santa Cruz Department of Elections conduct the election and consolidate Capitola’s municipal election with the general statewide election to be held on November 5, 2024; and WHEREAS, on June 27, 2024, the City Council also adopted Resolution No. 4385, calling for an election and submitting to the qualified voters of the City of Capitola a ballot measure to increase and extend the City’s existing Transactions and Use Tax (“Tax Measure”) pursuant to its right to levy, increase, or extend a general Transactions and Use Tax under Revenue and Tax Code section 7285.9; and
WHEREAS, the Tax Measure would increase the City’s existing Transactions and Use Tax to 0.50% and would further extend the City’s authority to collect the Tax for another 10 years; and
WHEREAS, also by Resolution 4385, the City Council adopted provisions governing the preparation and filing of arguments in favor and against the Tax Measure, identifying a subcommittee of Vice Mayor Brooks and Councilmember Clarke to prepare and file the written argument in favor of the Tax Measure; and
WHEREAS, also on June 27, 2024 City Council meeting, the City Council decided that it wished, pursuant to Elections Code section 9282, to file the written argument in favor of the Tax Measure, and appointed an ad hoc subcommittee of Vice Mayor Brooks and Councilmember Clarke to draft the argument, requesting that the subcommittee return to the Council with a draft of the argument at a future meeting; and
WHEREAS, Resolution 4385 also established August 16, 2024 at 5:00 p.m. as the deadline for the authors to submit arguments for and against the Tax Measure and August 23, 2024 at 5:00 p.m. as the deadline for the author in favor to submit a rebuttal argument; and WHEREAS, subsequent to the City’s adoption of Resolution 4385, the County of Santa Cruz Department of Elections changed the deadline for cities to submit arguments for or against local measures from August 16, 2024 to August 13, 2024 at 5:00 p.m. and the deadline to submit the rebuttal argument from August 23, 2024 to August 20, 2024 at 5:00 p.m.; and WHEREAS, pursuant to Elections Code section 9285, the City Council now wishes to authorize in writing other persons to prepare, submit, and sign the rebuttal argument in favor of the Tax Measure; and
WHEREAS, the City Council also wishes to amend the deadline for submitting arguments in favor and against the Tax Measure for consistency with the County’s requirements. 280
Item 9 D.

SF #4814-3098-1230 v1
07183-0005
4876-2882-5040 v5
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola as follows:

Section 1. Compliance with CEQA. The City Council finds and determines that this activity is not a “Project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.

Section 2. Adoption of Ballot Argument in Favor of Tax Measure. The City Council hereby adopts the argument in favor of the Tax Measure attached hereto as Exhibit A.

Section 3. Written Authorization to Release Preparation, Submittal and Signature of Rebuttal Argument. Pursuant to California Elections Code Section 9285, if an argument against the Tax Measure is received, the City Council hereby authorizes the following individuals to prepare, submit or sign any rebuttal argument in favor of the Tax Measure placed on the November 5, 2024 ballot by City Council Resolution No. 4385: ________________.

Section 4. Authority of Individuals Identified in Section 3. When the City Clerk has selected the arguments for and against the Tax Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against it, and copies of the argument against it to the individuals identified in Section 3. Consistent with the provisions of Resolution No. 4385, as amended by Section 5 below, any rebuttal argument shall not exceed 250 words and shall be filed no later than August 20, 2024, accompanied by the printed names and signatures of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.

Section 5. Services of the City Clerk. The City Council hereby authorizes the City Clerk to take all steps necessary to release the rebuttal argument to the individuals identified in Section 3.

Section 6. Amendment of Resolution 4385 Section 6. Section 6 of Resolution 4385 shall be amended as indicated below. Deletions are shown in strikethrough and additions are shown in underline.

Section 6. Submission of Ballot Arguments.
(a) In accordance with California Elections Code §9282, the City Council orders that the City Council is authorized to file a written argument in favor of the Ordinance, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, and to make any revisions to the argument up to the deadline by which it must be filed with the City Clerk.
(b) Arguments in favor and against the measure shall be filed with the City Clerk no later than 5:00 p.m. on August 16, 2024 August 13, 2024, signed, with the printed 281
Item 9 D.

SF #4814-3098-1230 v1
07183-0005
4876-2882-5040 v5
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. (c) Arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
(d) The City Council hereby appoints a subcommittee of the City Council, comprised of Vice Mayor Brooks and Councilmember Clarke, and authorizes said subcommittee to prepare and file the written argument in favor of the proposed measure, on behalf of the City Council, no later than August 16, 2024 August 13, 2024, . (e) Pursuant to California Elections Code Section 9285(b), the City Council is hereby adopting provisions for the filing of rebuttal arguments for this measure. Accordingly, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against it, and copies of the argument against it to the authors of the argument in favor. Rebuttal arguments shall not exceed 250 words and shall be filed no later than 5:00 p.m. on August 23, 2024 August 20, 2024, accompanied by the printed names and signatures of the persons submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.

Section 7. Severance. Should any section, subsection, clause or provision of this resolution for any reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it being expressly declared that this resolution, and each and every section, subsection, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this resolution were declared invalid.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 25thth day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________
Kristen Brown, Mayor
ATTEST:
_______________________
Julia Gautho, City Clerk
282
Item 9 D.

In 2016, Capitola voters overwhelmingly approved Measure F — a 10-year 0.25% sales tax to revitalize our ocean-front infrastructure, including the flume, jetty, and iconic Capitola wharf.

We’re pleased to report that through careful planning these projects, including the impressive $11 million renovation of the wharf, have been completed ahead of schedule.

Now, the City proposes an early repeal of Measure F, to be replaced by a new 0.5% sales tax initiative to secure Capitola's financial future. This new measure addresses financial challenges due to inflation and the expiration of Measure F in 2027. With this step, the City can avoid a likely deficit in the next few years.

The proposed 0.5% sales tax will help Capitola sustain vital services. Services such as providing for our police and workforce, enhancing public safety and maintaining our beautiful parks, beaches and wharf, and improving our streets, infrastructure, and recreation programs.

This measure is also crucial for securing nearly $8 million in federal funding to stabilize Cliff Drive against coastal erosion.

After careful consideration, the City Council determined that a sales tax is the fairest way to address our budget challenges. Both visitors and residents contribute to our local economy, sharing the responsibility of maintaining our community's well-being. Importantly, City Staff estimates that less than one-third of Capitola's sales tax revenue is paid by residents; the vast majority is paid by visitors.

Even with this new measure, Capitola will maintain the lowest tax rate in the County, staying

0.5% below other cities' rates. Capitola is a special community that we cherish. Let's ensure it remains vibrant and sustainable for future generations.

Vote YES on Measure_ to Protect Capitola's Future.

To learn more visit _Measure_.com
283
Item 9 D.

BALLOT MEASURE ARGUMENT
July 25, 2024 284
Item 9 D.

Recommended Action
 Adopt a resolution adopting the argument in
favor of the City’s ballot measure, releasing
the right to draft the rebuttal argument to
identified individuals, and amending Section
6 of Resolution 4385 regarding submission
deadlines.
285
Item 9 D.

Background
 6/27/2024: Adopted Resolution 4385 and
appointed Vice Mayor Brooks and Councilmember
Clarke to a subcommittee to draft ballot argument
 Santa Cruz County deadlines:
 8/13: Arguments
 8/20: Rebuttals
286
Item 9 D.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: Finance Department
Subject: Ordinance Amending Capitola Municipal Code Section

2.04.275
Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Section 2.04.274 to adjust Council Member compensation to provide an adjusted salary of $950.00 per month for members of the City Council, to be effective upon the start of new terms of office following the November 2024 General Municipal Election; as recommended by the Capitola Finance Advisory Committee.

Background: California Government Code Section 36516 allows the City Council to increase its compensation by an amount equal to 5 percent for each calendar year from the operative date of the last adjustment, provided that the City Council approves the increase by Ordinance and the increase does not go into effect until after the next General Municipal Election when new terms of office begin. For purposes of Government Code Section 36516, the operative date of the last salary adjustment was December 2022.

City Council Member salaries were initially established at $75 per month by Ordinance No. 283, adopted on February 14, 1966. Salaries were subsequently increased by the following ordinances:

Year Ordinance No. Salary
1977 418 $150
1991 716 $300
2006 901 $500
2019 1032 $600
2022 1054 $660
Ordinance No. 901 also added section 2.04.275 to the Capitola Municipal Code, which allowed City Council salaries to be payable in the same manner as employees. On September 12, 2019, the City Council adopted Ordinance No. 1032 adjusting salaries to $600 per month and requested that the Finance Advisory Committee review City Council compensation each election year.

Discussion: On June 29, 2023, Governor Newsom signed into law Senate Bill 329 (SB 329) which increases the maximum amount of salary that council members may receive. This legislation was intended to increase the compensation schedule for council members in general law cities, which have not kept pace with inflation. SB 329 allows cities to increase the compensation to adjust for inflation in order to help keep city councils more diverse by allowing people from across different income levels to serve the public and support their families.

Currently, Government Code section 36516 authorizes a city council to enact an ordinance to provide each member of the city council a salary, with a maximum limit based upon the population 287
Item 9 E.
of the city in accordance with a specific schedule. Any increases in salary are also limited and cannot exceed 5% for each calendar year from the operative date of the last adjustment of the salary which is in effect when the increase is enacted.

SB 329 amended Government Code section 36516 to increase the maximum amount of salaries identified in the schedule. In cities with up to 35,000 in population, the maximum salary for each council member has been increased from $300 per month, which was established in 1984, to $950 per month. SB 329 also authorizes the salary of council members to be increased beyond the specified maximum to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary or an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (Not to exceed 10% per calendar year).

No ordinance can be enacted or amended to provide automatic future increases in salary and the electors can consider the question of whether city council members should receive a salary and the amount of the salary may be submitted to the electors. Any retirement, health and welfare, federal social security benefits, or reimbursement for actual and necessary expenses are not included for purposes of determining salary under Govt. Code 36516.

SB 329 requires that an ordinance to increase council member compensation be considered in an open session with at least two regular meetings. The ordinance must include findings demonstrating the need for increased compensation and there must be at least seven days between the introduction and adoption of the ordinance.

SB 329 went into effect on January 1, 2024. However, it is important to note that pursuant to Government Code section 36516.5, any increase to city council salaries may take effect only when at least one member of the council commences a new term.

At the Finance Advisory Committee (FAC) meeting on May 21st, the FAC discussed City Council compensation. That discussion included a review of the compensation history listed above in comparison to inflation, as well as reviewing the requirements of serving on the City Council.

Following the discussion, the FAC unanimously approved recommending an increase to Council Member compensation to $950.00 per month. Additionally, the FAC recommended Council Member compensation continue to be reviewed by the FAC as part of the budget review process each year, with potential adjustments every two years to consider more frequent cost of living adjustments. FAC members Mayor Kristen Brown and Vice Mayor Yvette Brooks abstained from voting on the recommendation.

Fiscal Impact: Increasing Council Member salaries to $950 per month will have a fiscal impact of approximately $18,000 annually. The impact in FY 2024-25 would be approximately half of the annual impact and can be accommodated within the Adopted FY 2024-25 Budget.

Report Prepared By: Jim Malberg, Finance Director
Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
288
Item 9 E.

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AMENDING CAPITOLA MUNICIPAL CODE SECTION 2.04.275 AND APPROVING AN ADJUSTED SALARY OF $950 PER MONTH FOR MEMBERS OF THE CITY COUNCIL UPON THE START OF NEW TERMS OF OFFICE FOLLOWING THE NOVEMBER 2024 GENERAL

MUNICIPAL ELECTION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPITOLA AS FOLLOWS:

Section 1. FINDINGS
A. The City Council initially established City Council Member at $75 per month by Ordinance No. 283 adopted February 14, 1966. City Council Member salaries were subsequently increased to $150 per month by adoption of Ordinance No. 418 on July 11, 1977, increased to $300 per month by Ordinance No. 716 adopted July 11, 1991, increased to $500 per month by adoption of Ordinance No. 901 on March 23, 2006, $600 per month by the adoption of Ordinance No. 1032, and $660 per month by Ordinance 1054 in Sept. 2019. Each increase was in conformance with Government Code Section 36516, subdivision (c), which permits the City Council to increase its compensation by an amount equal to 5 percent for each calendar year from the operative date of the last adjustment, provided that the City Council approve the increase by Ordinance and the increase does not go into effect until after the next general municipal election when new terms begin.

B. For purposes of Government Code Section 36516, the operative date of the last adjustment of salary was December 2022.

C. California Senate Bill 329 became effective January 1, 2024, allowing City Council compensation in cities up to and including 35,000 in population a maximum of $950.00 per month.

Section 2. Capitola Municipal Code Section 2.04.275 is hereby amended to read as follows:

2.04.275 City Council Member Salary
Pursuant to California Government Code Section 36516, commencing December 2024 the salary for City Council Members shall be nine hundred fifty dollars ($950.00) per month and may be adjusted in accordance with state law. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the City.

Section 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council hereby finds that the action to adopt this ordinance will not result in any change in the environment and thus is not a project subject to the requirements of CEQA.

Section 4. SEVERABILITY.

The City Council hereby declares every section, paragraph, sentence, cause and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
289
Item 9 E.

Section 5. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty days after passage by the City Council.

Increases in compensation shall take effect upon commencement of a new term of office by any City Councilmember.

This ordinance was introduced on the 25th day of July 2024, and was passed and adopted by the City Council of the City of Capitola on the __ day of ____ 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________
Kristen Brown, Mayor
ATTEST:
_________________________
Julia Gautho, City Clerk
290
Item 9 E.

City Council
Compensation
July 25, 2024
291
Item 9 E.

History of City Council Compensation
$75 per month Feb.
1966.

Feb. 1966
$150 per month July
1977.

July 1977
$300 per month July
1991
July 1991
$500 per month March
2006
Mar. 2006
$600 per month Sept. 2019
(Max allowed $990/month)
• Requested FAC review City
Council compensation
each election year.

Sep. 2019
$660 per month Sept.
2022
Sep. 2022
292
Item 9 E.

City Council Compensation vs. Inflation
Senate Bill (SB) 329
• Increased maximum to $950/month
• $300 in 1984 is equivalent to approximately $900 in
purchasing power in 2024
SB 329 stated intent is to help keep city
councils more diverse
• Allows individuals across different income levels to
serve & support their families
293
Item 9 E.

City Council Compensation
If a City Council member spends approximately
40 hours per month in meetings and conducting
City Council business
• $950 per month = $23.75 per hour
Adjusting City Council Compensation
from $660 to $950 per month equals
approximately $18,000 annually
• Total City Council Compensation would increase
from 0.32% to 0.46% of total payroll 294
Item 9 E.

Recommendation
• Finance Advisory Committee recommends an increase to Council Member to $950 per month and introduce an Ordinance
amending Capitola Municipal Code Section 2.04.275
• Mayor Brown and Vice Mayor Brooks abstained from voting on recommendation
• Increase would go into effect following November 2024 election
• Maximum allowable increase in 2024 is $950 per month
• Fiscal impact is approximately $18,000 annually beginning in Fiscal Year 2024-25
• Continue annual reviews during budget hearing
• Potential inflationary adjustments every two years
295
Item 9 E.

Capitola City Council
Agenda Report
Meeting: July 25, 2024
From: City Manager Department
Subject: City Council Appointments to City Advisory Bodies Recommended Action: Appoint members of the public and a youth ex-officio member to the City of Capitola Historical Museum Board and appoint a youth ex-officio member to the Finance Advisory Committee.

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

The Finance Advisory Committee (FAC) advises the City Council on financial matters pertaining to the governing of the City, as well as on the use of fiscal resources. The FAC is comprised of seven members, appointed by individual Council Members on the basis of their knowledge, experience, and qualifications in financial management and related areas. The FAC was created in 2000 through the adoption of Resolution No. 3063.

Discussion: In accordance with Government Code Section 54974, recruitment was conducted to fill three scheduled vacancies on the Museum Board for terms expiring on June 30, 2024. The notice of vacancy was posted at City Hall, in a local newspaper, on the City website, and advertised through social media.

Applications for appointment on any City advisory body are accepted year-round and remain valid for a one-year period.

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

The Board met in June 2023, and reviewed applications received by the City Clerk’s office. The Board recommends the reappointment of Brian Legakis, Roger Wyant, and the appointment of Antonia Alldredge for the three vacancies, and Youth Member Juliette Thompson.

On June 27, 2024, the City Council appointed two business representatives to the FAC. The FAC also has an application on file for a Youth Member, James Joyce.

Fiscal Impact: None.

Attachments:

1. Applications
Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
296
Item 9 F.

Boards and Commissions Application
Thank you for your interest in serving on a City of Capitola Advisory Group. Please fill out the following form with your information. Appointments are made at a public City Council meeting.

Application For:

First Name *
Last Name *
Email*
Current Address *
Telephone (Home)
Telephone (Mobile)*
Application For:

Art and Cultural Commission - Artist
Art and Cultural Commission - Arts Professional
Art and Cultural Commission - At Large
Commission on the Environment
Finance Advisory Committee - At Large
Finance Advisory Committee - Business Representative
Historical Museum Board
Planning Commission
Other:

Applicant Information
Antonia (Toni)
Alldredge
City State / Province / Region
CA
Postal / Zip Code Country
USA
Street Address
.

Address Line 2
297
Item 9 F.

Are you a Capitola resident? *
Residential Neighborhood:

Are you applying as a Youth Member to an Advisory Group?* Qualifications
Additional Attachments
Acknowledgement Required *
Signature *
No
Yes.

No
Youth Members are encouraged to participate with City Boards, Committees, and Commissions.

Occupation:

Please describe your qualifications and interest in serving on this Board/Commission/Committee:* Senior HR Specialist, Santa Cruz COE (Retired)
Interest:

I am interested in serving on the Capitola Historical Board to help in the preservation of Capitola's history and to assist, when needed. I currently live in Soquel; however, our family owned a mobile home in Surf and Sand Mobile Home Park in Capitola for fifty plus years. Our children spent their summers in the village and participated in Capitola's Junior Lifeguards. I've had the opportunity to watch Capitola transform over the years. I have a personal connection to Capitola. It would be an honor to serve on the Board.

Qualifications:

While employed at the Santa Cruz COE, I served on their Personnel Commission (a board, authorized by the state, responsible for some personnel issues affecting classified employees). In 2012 to 2014 and currently, I am serving on the Soquel Historical Cemetery Committee. I have also been researching the history of our historical Soquel home which was built in the last 1800s.

Thank you for your consideration and please let me know if you need any additional information.

Please note that appointment to this position may require you to file a conflict of interest disclosure statement or complete additional trainings with the City Clerk. This information is a public record and these statements are available to the public on request.

Acknowledged
All information contained in this page is public data and will be made available for public review upon request. Qualifications and interests of applicants will be provided to the City Council in a public forum and will be reviewed before appointments are made. Questions regarding this application and appointment process should be directed to the Capitola City Clerk. 298
Item 9 F.

Application For:

First Name *
Last Name *
Email*
Current Address *
Telephone (Home)
Telephone (Mobile)*
Application For:

Applicant Information
Juliette
Thompson
City State / Province / Region
California
Postal / Zip Code Country
United States
Street Address
Address Line 2
299
Item 9 F.

Are you a Capitola resident? *
Residential Neighborhood:

Are you applying as a Youth Member to an Advisory Group?* Qualifications
Additional Attachments
Acknowledgement Required *
Signature *
No
Rio Del Mar
Yes
Youth Members are encouraged to participate with City Boards, Committees, and Commissions.

Occupation:

Please describe your qualifications and interest in serving on this Board/Commission/Committee:* Sales clerk
I have been involved with the museum for the last two years and have enjoyed being able to grow in my knowledge about Capitola and its history. It has provided me with many opportunities to connect with my community and share my passion for history with others through various events. Additionally, being on the museum board has given me experience that will be invaluable in my journey into the archaeological field, which I hope to study at university in the future.

Application For:

First Name *
Last Name *
Email*
Current Address *
Telephone (Home)
Telephone (Mobile)*
Application For:

Applicant Information
Roger
Wyant
City State / Province / Region
Ca
Postal / Zip Code Country
USA
Street Address
Address Line 2
301
Item 9 F.

Are you a Capitola resident? *
Residential Neighborhood:

Are you applying as a Youth Member to an Advisory Group?* Qualifications
Additional Attachments
Acknowledgement Required *
Signature *
Yes
Capitola Heights
No
Youth Members are encouraged to participate with City Boards, Committees, and Commissions.

Occupation:

Please describe your qualifications and interest in serving on this Board/Commission/Committee:* Agriculture
I have served one year on the board, I would like to begin a new term..

Application For:

First Name *
Last Name *
Email*
Current Address *
Telephone (Home)
Telephone (Mobile)*
Application For:

Applicant Information
James
Joyce
City State / Province / Region
CA
Postal / Zip Code Country
United States
Street Address
Address Line 2
305
Item 9 F.

Are you a Capitola resident?*
Residential Neighborhood:

Are you applying as a Youth Member to an Advisory Group?* Qualifications
Additional Attachments
Acknowledgement Required*
Signature *
No
Live oak
Yes
Youth Members are encouraged to participate with City Boards, Committees, and Commissions.

Occupation:

Please describe your qualifications and interest in serving on this Board/Commission/Committee:* Student/Intern
As a former member of the City of Capitola recreation team, junior guard, and a new intern with the City of Capitola finance department, I am interested in serving on this board because I can help support the committee with a youth voice and make sure a portion of the funds is directed towards teens and kids in the City of Capitola.

CITY COUNCIL APPOINTMENTS

TO ADVISORY BODIES
July 25, 2024 307
Item 9 F.

Background
 Historical Museum Board is composed of 7 members
 3-year terms
 3 terms expired on 6/30/2024
 3 applications received
 2 applications received for youth ex-officio member
 1 for FAC
 1 for Museum Board
 Serves for 1-year term
308
Item 9 F.

Recommended Action
 Staff recommends Council appoint:
Museum Board: Brian Legakis – Term exp.
6/30/2027
Museum Board: Roger Wyant – Term exp.
6/30/2027
Museum Board: Antonia Alldredge – Term exp.
6/30/2027
Museum Board: Youth – Juliette Thompson
FAC: Youth – James Joyce
309
Item 9 F.

Capitola City CouncilJuly 25, 2024

Capitola City Council
July 25, 2024