REVISED 5/8/2025 4:00 PM
City of Capitola
City Council Meeting Agenda
Thursday, May 08, 2025 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Joe Clarke
Vice Mayor: Alexander Pedersen
Council Members: Gerry Jensen, Margaux Morgan, Melinda Orbach Closed Session – 5:30 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt. Code § 54956.8) Property: A portion of the easterly terminus of Escalona Drive, spanning approximately 60 feet wide, bounded by 620 El Salto Drive (APN 036-143-31) to the west and bounded by 722 Escalona Drive (APN 036-141-28) to the east.
City Negotiator: Jamie Goldstein, City Manager
Under Negotiation: Price and Terms of Payment
Regular Meeting of the Capitola City Council – 6 PM
1. Roll Call and Pledge of Allegiance
Council Members Gerry Jensen, Margaux Morgan, Melinda Orbach, Alexander Pedersen, and Mayor Joe Clarke
2. Additions and Deletions to the Agenda
3. Presentations
Presentations are limited to eight minutes.
A. Proclamation in Recognition of National Beach Safety Week B. Presentation from the Children's Museum of Discovery on Use of Capitola Community Grant Funding
4. Report on Closed Session
5. Additional Materials
Additional information related to an agenda item on this agenda and submitted to the City after distribution of the agenda packet pursuant to Government Code §54957.5. 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.
A. Item 6 - Correspondence Received
1 City Council Meeting Agenda – May 08, 2025
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 April 10, 2025, the special meeting on April 17, 2025. the special meeting on April 22, 2025, and the regular meeting on April 24, 2025.
B. City Check Registers
Recommended Action: Approve check registers dated March 14, 2025, March 21, 2025, March 28, 2025, April 4, 2025, April 11, 2025, and April 18, 2025.
C. Clean California Community Designation
Recommended Action: Authorize staff to sign the Clean California Community Designation pledge on behalf of the City of Capitola.
D. Contract for Arbitration Services
Recommended Action: Adopt a resolution authorizing the City Manager to execute a professional services agreement with California Hearing Officers, LLP to provide arbitration services for mobile home rent increase petitions pursuant to Capitola Municipal Code Chapter
2.18 and amending the FY 24-25 budget in an amount not to exceed $120,000.
E. GreenWaste Annual Rate Adjustment
Recommended Action: Adopt a resolution approving the contractual rate increase for collection and disposal of residential and commercial garbage, recycling, organics, food waste, yard waste, and construction and demolition debris, effective July 1, 2025, according to the Service Rate Schedule formula of the Franchise Agreement with GreenWaste Recovery, Inc.
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. Award of Contract for 2025 Capitola Summer Shuttle Service 2 City Council Meeting Agenda – May 08, 2025
City of Capitola Page 3
Recommended Action: Authorize the City Manager to execute a one-year contract, with an option to extend for one additional season, with Community Bridges for operation of the 2025 Summer Shuttle in an amount not to exceed $89,100.
B. Park at Rispin Mansion Construction Update and Proposal for Additional Site Work Recommended Action: Authorize staff to approve Change Order No. 2 to the construction contract with Betz Works for the Park at Rispin Mansion Project in the amount of $50,000 for additional site work utilizing available Measure Q funds.
10. Adjournment - The City Council will hold a special meeting on May 15, 2025, at 6:00 PM. _____________________________________________________
How to View the Meeting
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010.
Other ways to Watch:
Spectrum Cable Television channel 8
City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:
Meeting
link: https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09 Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799 Meeting ID: 833 2817 3113
Meeting Passcode: 678550
How to Provide Comments to the City Council
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 3 City Council Meeting Agenda – May 08, 2025
City of Capitola Page 4
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 May 19th to
May 26th
5 Item 3 A.
National Beach Safety Week
• National Beach Safety Week begins Monday
before Memorial Day and ends Memorial Day
• Objective to remind beachgoers to be safe and
use caution while enjoying beaches
• United States Lifesaving Association (USLA) is
national organization dedicated to improving
beach safety
• City is USLA certified Open Water Lifeguard
Agency and affiliate chapter of USLA
6 Item 3 A.
AN INFORMED PUBLIC IS ESSENTIAL TO BEACH SAFETY
Swim near a
Lifeguard Learn to Swim Learn Rip Current Safety
Never Swim
Alone
Designate a
Water
Watcher
Alcohol and
Water Don’t
Mix
Feet First
Water Entry
Life Jackets
Save Lives
Observe Signs
& Flags
Beat the Heat
& Block the
Sun
7 Item 3 A.
Capitola’s Lifeguard
Service is dedicated
to representing City
and residents by
providing safe and
enjoyable experience
at Capitola Beach
from end of May
through October each
year.
8 Item 3 A.
Questions
9 Item 3 A.
Rhiannon Crain, Executive Director
Capitola City Community Grant
10 Item 3 B.
11 Item 3 B.
12 Item 3 B.
13 Item 3 B.
14 Item 3 B.
15 Item 3 B.
16 Item 3 B.
17 Item 3 B.
18 Item 3 B.
19 Item 3 B.
20 Item 3 B.
21 Item 3 B.
22 Item 3 B.
23 Item 3 B.
24 Item 3 B.
1 Gautho, Julia
From: Heidy <[email protected]>
Sent: Tuesday, May 6, 2025 1:07 PM
To: City Council
Cc: [email protected]
Subject: Residency
Dear Capitola City Councilmembers,
I am writing regarding Item 6 (Oral Communications by Members of the Public) on your upcoming agenda for Thursday, May 8, 2025 where I will be present to provide public comment.
At your last meeting, a member of the public raised serious concerns regarding the residency of a sitting councilmember. I do not know whether the concerns are valid, but believe they merit thoughtful follow-up. My approach to civic engagement is rooted in trusting our elected representatives to carry out their duties, even when I disagree on policy. What remains non-negotiable, however, is the integrity of the process.
Cities have an obligation to operate with full transparency, to uphold clear standards, and—when procedures are unclear—to clarify or establish them. In that spirit, and for the good of the order and all stakeholders, I respectfully request your consideration of the following:
Capitola’s City Charter and California law require councilmembers to reside within city limits. What mechanisms does the City of Capitola have in place to confirm that all councilmembers maintain a primary residence in Capitola—not just technically, but in spirit and practice? And if no such mechanisms exist, what avenues are available to the public to raise or resolve residency concerns? Thank you for your attention and commitment to public service.
Best Regards,
Heidy Kellison, Capitola Resident
25 Item 5 A.
26 Item 5 A.
27 Item 5 A.
28 Item 5 A.
29 Item 5 A.
30 Item 5 A.
31 Item 5 A.
32 Item 5 A.
33 Item 5 A.
34 Item 5 A.
35 Item 5 A.
36 Item 5 A.
37 Item 5 A.
38 Item 5 A.
39 Item 5 A.
40 Item 5 A.
41 Item 5 A.
42 Item 5 A.
43 Item 5 A.
44 Item 5 A.
45 Item 5 A.
46 Item 5 A.
47 Item 5 A.
48 Item 5 A.
49 Item 5 A.
To: Santa Cruz County District Attorney Jeffrey S. Rosell 701 Ocean St. Room 200
Santa Cruz, California 96060
May 5, 2025
Dear Mr. Rosell,
We understand that your office has been asked to investigate potential violations of residency requirements by Capitola City Councilmember Alex Pedersen.
As longtime elected officials and engaged members of the Capitola community, we strongly encourage your office to move forward with a thorough and impartial investigation. Ensuring that all public officials meet the legal requirements for office is vital to maintaining public trust and upholding the integrity of our local government.
We appreciate your attention to this matter and stand ready to support the process in any way necessary.
Sincerely,
Sam Storey, former mayor
Stephanie Harlan, former mayor
Bruce Arthur, former mayor
Mick Routh, former mayor
Michael Termini, former mayor
Jacques Bertrand, former mayor
Gayle Ortiz, former mayor
Ed Bottorff, former mayor
Kirby Nicol, former mayor
Carin Hanna, former vice-mayor
Christine McBroom, former city treasurer
Pamela Greeninger, former city clerk
Susan Westman, Planning Commissioner
Nels Westman
50 Item 5 A.
1 Gautho, Julia
From: Meghan D Morrissey <[email protected]>
Sent: Wednesday, May 7, 2025 2:47 PM
To: City Council
Cc: [email protected]
Subject: Residency
Dear Capitola City Council membersI am writing with regard to Item 6 (Oral Communications by Members of the Public) on the City Council agenda for Thursday, May 8, 2025.
I have read Ms. Kellison’s letter to the council dated March 6, 2025, and watched video of the recent council meeting. I spent time today looking for residency requirements for City Council members on the Capitola City website and could not find them.
Based on the seriousness of this issue, I ask that the City Council address this topic without delay so that voters are assured that our City Council members do maintain primary residency in the City of Capitola.
I ask the Council to consider the following questions for discussion:
Are councilmembers required to publicly disclose if they purchase a home outside of Capitola during their term? If not, why not? And is there any policy requiring notification to the City Manager or City Attorney when there is a change in a council member’s living situation? Thank you in advance for your prompt attention to the issue of residency of our City Council members.
Meghan Morrissey
Capitola Resident
51 Item 5 A.
1 Gautho, Julia
From: Michael routh <[email protected]>
Sent: Wednesday, May 7, 2025 5:19 PM
To: City Council
Subject: Item 6 - Oral Communications
Council Members,
The evidence submiƩed by TJ Welch supports the contenƟon that Council member Alexander Pedersen is no longer a legal resident of Capitola and must resign his seat. Please voice your support to 1) Encourage Mr. Pedersen to resign his City Council seat, and 2) please individually support an invesƟgaƟon into Mr. Pedersen's residency by the Santa Cruz County District AƩorney.
Thank you.
Mick Routh
Sent from my iPad
52 Item 5 A.
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on April 10, 2025, the special meeting on April 17, 2025. the special meeting on April 22, 2025, and the regular meeting on April 24, 2025.
Background: Attached for City Council review and approval are the draft minutes from the regular meeting on April 10, 2025, the special meeting on April 17, 2025. the special meeting on April 22, 2025, and the regular meeting on April 24, 2025.
The April 10th and April 17th meeting minutes were originally scheduled for approval on April 24th. Council Member Orbach requested that the April 17th meeting minutes be modified to include a summary of staff’s presentation. The changes are included in Attachment 2.
Attachments:
1. Regular Meeting 4/10/2025
2. Special Meeting 4/17/2025
3. Special Meeting Minutes 4/22/2025
4. Regular Meeting Minutes 4/24/2025
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
53 Item 8 A.
City of Capitola
City Council Meeting Minutes
Thursday, April 10, 2025 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Joe Clarke
Vice Mayor: Alexander Pedersen
Council Members: Gerry Jensen, Margaux Morgan, Melinda Orbach Closed Session – 5:30 PM
i. LIABILITY CLAIMS (Gov’t Code § 54956.95)
Claimants: Kevin Smith, Jianyu (Catherine) Duan, EFC, Cynthia Rae Diola, Jeffrey S. Hines, The Estate of Helen Maureen Hines, The Helen Maureen Hines Revocable Trust Agency Claimed Against: City of Capitola
Regular Meeting of the Capitola City Council – 6 PM
1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:01 PM. In attendance: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, and Mayor Clarke.
2. Additions and Deletions to the Agenda – None
3. Presentations
A. Mayor Clarke presented a proclamation honoring April 2025 as Arts, Culture, and Creativity Month to Roy Holmberg, Capitola Art and Cultural Commissioner, and Jim Brown, Executive Director of the Arts Council of Santa Cruz County.
4. Report on Closed Session – The City Council met and discussed one item on the closed session agenda. No reportable action was taken.
5. Additional Materials
A. Item 9A – Fourteen emails received after publication of the agenda packet.
B. Item 9B – One email received after publication of the agenda packet.
C. Item 9C - Three emails received after publication of the agenda packet.
6. Oral Communications by Members of the Public
Gayle Ortiz
Sam Storey
Steven Woodside
Bud Colligan
Terre Thomas
Leslie Neilsen
Elizabeth Bertrand
Matt Arthur
Rodney Wartzok
Lynn Jackson
54 Item 8 A.
City Council Meeting Minutes – April 10, 2025
City of Capitola Page 2
Mike Morrissey
Kevin Maguire
Goran Klepic
Dave Fox
Enrique Dolmo
7. Staff / City Council Comments
Police Chief Ryan introduced Officer Roger Schwingel and announced the retirement of Captain Kilroy. Captain Kilroy provided remarks to the City Council. Community Service and Recreation Director Bryant advised the Council and the public of an online survey regarding pickleball use in the City.
Council Member Pedersen advised the public that the southbound offramp at Park Avenue will be closed for 6 months beginning on April 17th.
Mayor Clarke requested that staff add a report on Capitola Municipal Code Chapter 8.72 to the Special Meeting Agenda on April 17th.
8. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on March 27, 2025, and the special meeting on April 2, 2025.
Motion to approve the Consent Calendar: Council Member Morgan Second: Council Member Orbach
Voting Yea: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke
9. General Government / Public Hearings
A. Grand Avenue Pathway
Recommended Action: Receive a report on recent bluff failure and provide direction to staff on the next steps to address pathway safety and public access on the Grand Avenue Pathway.
Public Works Director Kahn presented the staff report.
Public Comments:
Dave Fox
Mike Morrissey
Stan Ketner
Tom Parker
The City Council expressed appreciation for the Depot Hill pathway and concern for the current safety conditions of the pathway. The Council discussed the formation of a neighborhood steering committee to review options for the continued use for the community pathway, to be led by a member of the community (Paul Estey). The Council requested that this item return to the City Council in six months to review costs for options for permanent closure, relocation without engineering, relocation with engineering, drainage, encroachment removal, grant opportunities, and community input.
The City Council took a recess from 7:45 PM and reconvened at 7:50 PM.
B. Filtered Tobacco Products
Recommended Action: Provide direction to staff on whether to prepare a draft ordinance on the prohibition on the sale of filtered tobacco products for City Council consideration. 55 Item 8 A.
City Council Meeting Minutes – April 10, 2025
City of Capitola Page 3
Public Works Director Kahn, and Tara Leonard, Santa Cruz County Health Services Agency, presented the staff report.
Public Comments:
Katie Thompson, Executive Director of Save Our Shores Speaker
Neal Savage
Ardeep
Taylor Lane
Dani Madon
Speaker
Matt Arthur
Speaker
The City Council thanked the public speakers and the presenters for their comments. The Council expressed support for an ordinance prohibiting the sale of filtered tobacco products within the City. The Council urged impacted business owners to work with City staff and other organizations to mitigate impacts. The Council directed staff to return with a draft ordinance to amend Chapter 5.3 of the Municipal Code.
C. E-Bike Safety
Recommended Action: Receive report regarding existing City e-bike safety initiatives and direct the Mayor to sign a letter regarding proposed State legislation for e-bike safety to Representatives Dawn Addis, Gail Pellerin, and Senator John Laird.
City Manager Goldstein and Police Chief Ryan presented the staff report.
Public Comments:
Speaker
Speaker
The City Council expressed support for statewide legislation for electric bicycles and discussed potential age limitations for riders.
Motion to direct the Mayor to sign a letter to the legislature as proposed by staff with the modification to Section 2 to include language that allows permitting by the DMV, online, or other: Vice Mayor Pedersen
Second: Council Member Orbach
Voting Yea: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke
10. Adjournment – The meeting adjourned at 9:26 PM. The next regularly scheduled City Council meeting is on April 24, 2025, at 6:00 PM.
____________________________
ATTEST: Joe Clarke, Mayor
____________________________
Julia Gautho, City Clerk
56 Item 8 A.
City of Capitola
Special City Council Meeting Minutes
Thursday, April 17, 2025 – 5:15 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Joe Clarke
Vice Mayor: Alexander Pedersen
Council Members: Gerry Jensen, Margaux Morgan, Melinda Orbach Special Meeting of the Capitola City Council – 5:15 PM
1. Roll Call and Pledge of Allegiance – The meeting was called to order at 5:15 PM. In attendance: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, and Mayor Clarke.
2. Additional Materials
A. Item 3A – 77 emails received after publication of the agenda packet.
B. Item 3B - 120 emails received after publication of the agenda packet.
3. General Government / Public Hearings
A. Chapter 8.72 of the Capitola Municipal Code
Recommended Action: Provide direction to staff.
City Attorney Zutler and City Manager Goldstein provided a staff report. In the staff presentation, staff outlined four potential interpretations of CMC Chapter 8.72:
Option 1:
1. RTC/County may build a trail in the corridor within City of Capitola
2. RTC/County can not build a trail on City property or right of way
3. Until a contiguous trail is built in Capitola, City can no longer maintain or improve bike or pedestrian facilities on streets or sidewalks that could be used to connect segments of trail
Option 2:
1. RTC/County may build a trail in the corridor within City of Capitola
2. RTC/County cannot build a trail on City property or right of way
3. City can construct and maintain its streets, sidewalks and bike paths as City Council sees fit, provided City does not affirmatively promote a detour of the trail.
Option 3:
1. Same as Option 2 plus:
2. Section 8.72.040 requires City to “take all steps necessary to preserve and utilize the Corridor and Trestle for active transportation and recreation.”
3. Only way Trestle may be used for anything other than rail is for federal Surface Transportation Board (STB) to approve either a railbanking agreement or adverse abandonment of tracks over Trestle, or construction of new bridge that accommodates both rail and trail.
57 Item 8 A.
Special City Council Meeting Minutes – April 17, 2025
City of Capitola Page 2
4. “All steps necessary” thus means City must pursue railbanking or adverse abandonment of tracks on Trestle.
Option 4:
1. RTC/County cannot now, or in the future, build a “detour” of trail onto City street or sidewalks
2. City can allow RTC/County to build on Park Ave right of way, as it is not a City street or sidewalk, and would be physically separated from City street by a buffer of at least 3’
3. Improvements through Village are not a “detour,” they are the mapped route of trail.
Public Comments (Speaker cards accepted until 6:02 PM):
Elisabeth Bertrand
Mary Beth Cahalen
TJ
Teresa M.
Mike Morrissey
Chris Amsden
Kevin M.
Leslie Nielsen
Marie Martorella
Rafa Sonnenfeld
Lucinda Eubanks
Gayle Ortiz
Rodney Wartzok
David Dean
Tom McGlashen
Scott Rohlf
Brad Todd
Mary Odegaard
Daniel Castagnola
Ed Spurr
David Casterson
Margaret Campodonico
Kyle H.
Beatrice Campbell
Lani Faulkner
Brian Peoples
Cheryl Ban
Lynn Jackson
John
Veronica Elsea
Ryan Sarnataro
Mike Sherman
Jack Brown
Matt Arthur
Mick Routh
Mark Crain
Steven Woodside
58 Item 8 A.
Special City Council Meeting Minutes – April 17, 2025
City of Capitola Page 3
Kevin Menninger
Tory Del Favero
The Council took a recess at 6:55 PM and reconvened at 7:05 PM.
The City Council thanked the public for their commentary; discussed the importance of the Council’s oath of office; voiced concerns about Municipal Code Chapter 8.72 in the context of the County-wide Rail Trail Project and lack of control over aspects of the project outside of the City’s jurisdiction.
Motion to direct staff to follow Municipal Code Chapter 8.72 to the fullest extent possible:
Council Member Jensen
Second: Council Member Morgan
Vice Mayor Pedersen requested clarification as to which interpretation of Chapter 8.72 (as outlined in the staff presentation) Council Member Jensen intended.
Council Member Jensen amended his motion to clarify that the interpretation for staff to follow is Option 2 (as outlined in the staff presentation) with the modification that the City can construct and maintain its streets, sidewalks, and bike paths as the City Council sees fit and striking the phrase “provided City does not affirmatively promote a detour of the trail.”
Council Member Morgan accepted the motion amendment.
Voting Yea: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke
B. Park Avenue Alignment of the Coastal Rail Trail (Segments 10 & 11) Recommended Action: Discuss and provide direction to staff regarding the Park Avenue alignment for the Coastal Rail Trail Segments 10 and 11.
Public Works Director Kahn provided a staff report.
Public Comments (Speaker cards accepted until 7:55 PM):
Peggy
Leslie Nielsen
Rafa Sonnenfeld
Coni Welch
Scott Rohlf
Kaki Rusmore
Brenda Garcia
Nico
Veronica Elsea
Liz McDade
Tom Brady
Mark Crain
Ariel Gray
Kitty Hansen
Elliott Campbell
Mel Vento
Valerie Mishkin
Brian Peoples
Jacques Bertrand
Lynn Jackson
59 Item 8 A.
Special City Council Meeting Minutes – April 17, 2025
City of Capitola Page 4
Cheryl Ban
Laurie Hill
Mike Sherman
David Steinman
Christine McBroom
Matt Arthur
Mackenzie Cameron
Stephanie Auld
Jessica Guild
Jonah Henry
TJ Welch
Mary Beth Cahalen
Lani Faulkner
Aiden Hosler
Lowell Hurst
Mary Odegaard
Jocelyn Wolf
Elizabeth Bertrand
Speaker
Stacey Croft
David Casterson
Mike Morrissey
David Dean
Keith Cahalen
Alan Edgar
Barry Scott
Steven Woodside
Chris Amsden
The Council took a recess at 9:12 PM and reconvened at 9:16 PM.
The City Council thanked the public for their commentary, addressed Capitola’s values of inclusivity as outlined in the recently adopted Strategic Plan, Based on the Council action taken in Item 3A, the City Council directed staff to work with the SCCRTC to discuss that the Park Avenue alignment proposed was not consistent with Capitola Municipal Code Chapter 8.72.
4. Adjournment - The meeting adjourned at 9:31 PM. The next regularly scheduled City Council meeting is on April 24, 2025, at 6:00 PM.
____________________________
ATTEST: Joe Clarke, Mayor
____________________________
Julia Gautho, City Clerk
60 Item 8 A.
Special City Council Meeting Minutes – April 17, 2025
City of Capitola Page 5
61 Item 8 A.
City of Capitola
Project Celebration / Special City Council
Meeting Minutes
Tuesday, April 22, 2025 – 10:00 AM
Capitola Community Center
4400 Jade Street, Capitola, CA 95010
Mayor: Joe Clarke
Vice Mayor: Alexander Pedersen
Council Members: Gerry Jensen, Margaux Morgan, Melinda Orbach Special Meeting of the Capitola City Council – 6 PM
1. Roll Call – The meeting was called to order at 10:00 AM. In attendance: Council Members Jensen, Orbach, Vice Mayor Pedersen, and Mayor Clarke. Absent: Council Member Morgan.
2. General Government / Public Hearings
A. Community Center Renovation Project Celebration & Tour of Improvements Recommended Action: None. No Council Action will be taken.
Public Comments: None
3. Adjournment – The meeting adjourned at 10:30 AM. The next regularly scheduled City Council meeting is on April 24, 2025, at 6:00 PM.
____________________________
ATTEST: Joe Clarke, Mayor
____________________________
Julia Gautho, City Clerk
62 Item 8 A.
City of Capitola
City Council Meeting Minutes
Thursday, April 24, 2025 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Joe Clarke
Vice Mayor: Alexander Pedersen
Council Members: Gerry Jensen, Margaux Morgan, Melinda Orbach Regular Meeting of the Capitola City Council – 6 PM
1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:00 PM. In attendance: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, and Mayor Clarke.
2. Additions and Deletions to the Agenda – None
3. Presentations
A. Sally Weiss, Cabrillo College Stroke and Disability Learning Center, provided a presentation to the City Council on the use of Capitola Community Grant Funding.
4. Additional Materials
A. Item 7D – Staff distributed a corrected exhibit to the resolution included in the agenda packet.
B. Item 8C – Four emails received after publication of the agenda.
5. Oral Communications by Members of the Public
Toni Campbell
Goran Klepic
TJ Welch
Mark Drummond
6. Staff / City Council Comments
Chloe Woodmansee, Assistant to the City Manager, provided an update about the Capitola Historical Museum’s exhibit and open hours.
Council Member Jensen congratulated Captain Zamora on his promotion to Police Captain; provided the public with updates from his attendance at a recent MBARD meeting; and shared that members in the community have created a community group to plan for Capitola’s future. Council Member Orbach provided the public with updates from her attendance at recent METRO and Children’s Network meetings.
Council Member Morgan congratulated the Library on the installation of new solar panels; reflected on recent City Council meetings and thanked the public for their involvement; and thanked staff for their work.
Vice Mayor Pedersen responded to TJ Welch’s public comments. Mayor Clarke requested an agenda item to discuss the citizen subcommittee. The City Manager and City Attorney provided clarification on the applicability of the Brown Act on the group. The City Council briefly discussed the formation and the objective of the committee, and requested it come back for further discussion at a future meeting.
63 Item 8 A.
City Council Meeting Minutes – April 24, 2025
City of Capitola Page 2
7. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on April 10, 2025, and the special meeting on April 17, 2025. (Item was pulled from Consent by the City Council – not approved)
B. Liability Claims
Recommended Action: Deny liability claims from the following claimants: Kevin Smith, Jianyu (Catherine) Duan, EFC, Cynthia Rae Diola, Jeffrey S. Hines, The Estate of Helen Maureen Hines, and The Helen Maureen Hines Revocable Trust.
C. Designation of Loading Zone on 47
th Avenue
Recommended Action: Adopt a resolution establishing a temporary loading zone on 47th Avenue adjacent to Jade Street Park. (Resolution No. 4425)
D. Bay Avenue Corridor Public Outreach and Concept Refinement Recommended Action: Authorize the City Manager to execute a professional services agreement with Kimley-Horn and Associates, Inc. in the amount of $75,642 for public outreach and conceptual design refinement for the Bay Avenue Corridor Project; and adopt a resolution approving an amendment to the FY 2024-25 Budget. (Resolution No. 4426) Motion to pull Consent Item 7A: Council Member Orbach
Second: Council Member Morgan
Voting Yea: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke
Council Member Jensen recused himself from Item 7D due to the proximity of the project to his residential address.
Motion to approve Consent Items 7B-7C: Council Member Morgan Second: Council Member Orbach
Voting Yea: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke
Motion to approve Consent Item 7D: Council Member Orbach Second: Council Member Morgan
Voting Yea: Council Members Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke Abstain: Council Member Jensen
8. General Government / Public Hearings
A. Appointments to City Advisory Bodies
Recommended Action: Appoint members of the public to the City’s Art and Cultural Commission and Commission on the Environment.
City Clerk Gautho provided a staff report.
Public Comments:
Mary Beth Cahalen
Lunamar Harter
Scott Rohlf
Motion to appoint Enrique Dolmo to the Art and Cultural Commission for a term expiring December 2026: Council Member Morgan
Second: Council Member Orbach
64 Item 8 A.
City Council Meeting Minutes – April 24, 2025
City of Capitola Page 3
Voting Yea: Council Members Jensen, Morgan, Orbach, Vice Mayor Pedersen, Mayor Clarke
Council Member Orbach appointed Scott Rohlf to the Commission on the Environment for a term expiring December 2026, in accordance with the COE Bylaws.
B. Santa Cruz County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) Recommended Action: Receive an informational presentation on the City of Capitola’s participation in the 2025 Santa Cruz County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).
Public Works Director Kahn provided a staff report.
Public Comments:
Clare Peabody
The City Council thanked staff and the jurisdictional group for their efforts.
C. 41st Avenue Pavement Rehabilitation and Multimodal Improvements Recommended Action: Receive report and provide input on the 41st Avenue Pavement Rehabilitation and Multimodal Improvements Project.
Public Works Director Kahn and Chris Brecheisen, Kimley Horn and Associates, provided a staff report.
Public Comments: None
The City Council expressed excitement about the project and requested plastic curbing and bollards to help identify bike lanes in the area.
9. Adjournment - The meeting adjourned at 7:35 PM. The next regularly scheduled City Council meeting is on May 8, 2025, at 6:00 PM.
____________________________
ATTEST: Joe Clarke, Mayor
____________________________
Julia Gautho, City Clerk
65 Item 8 A.
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve check registers dated March 14, 2025, March 21, 2025, March 28, 2025, April 4, 2025, April 11, 2025 and April 18, 2025.
Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
03/14/2025 103273 103332 61 $ 113,305.01
03/21/2025 103333 103385 53 $ 328,477.10
03/28/2025 103386 103436 56 $ 150,350.78
04/04/2025 103437 103490 58 $ 69,671.14
04/11/2025 103491 103542 53 $ 117,099.63
04/18/2025 103543 103590 50 $ 123,377.34
The main account check register dated March 7, 2025, ended with check #103272.
Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
03/14/2025 7102 7106 11 $ 141,471.02
03/21/2025 7107 7109 113 $ 265,675.83
03/28/2025 7110 7115 18 $ 138,160.95
04/04/2025 227 352 124 $ 315,815.22
04/11/2025 7116 7120 10 $ 167,364.92
04/18/2025 358 476 119 $ 249,896.80
The payroll account check register dated March 7, 2025, ended with payroll check #7101.
Following is a list of payments issued for more than $10,000 and descriptions of the expenditures:
Check/
EFT Issued to Dept Description Amount
103282 CHAVAN & ASSOCIATES,
LLP Fin FY24/25 Aduit Services $ 20,500.00
103311 PACIFIC GAS &
ELECTRIC PW Gas & Electric Extension Agreement $ 17,519.06 103322 SANTA CRUZ SIGNS PW Capitola Wharf Interpretive
Signage $ 14,449.43
109 CalPERS Member
Services Division CM PERS Contributions PPE 3/1/25 $ 70,972.49 66 Item 8 B.
111 INTERNAL REVENUE
SERVICE CM Federal Taxes & Medicare PPE 3/1/25 $ 40,754.99 113 VOYA FINANCIAL CM Employee 457 Contributions
PPE 3/1/25 $ 11,147.69
7109 Employee Final Check CM Employee Final Check $ 24,720.06 226 INTERNAL REVENUE
SERVICE CM Federal taxes & Medicare employee final pay $ 17,273.19 103341 BURKE WILLIAMS AND
SORENSEN LLP CM January Legal Services $ 23,313.08
103346 COUNTY OF SANTA
CRUZ CM Capitola Library Solar Panel Installation $ 36,872.00 103357 KIMLEY HORN AND
ASSOCIATES INC PW 41st Ave Multimodal Corridor Improvements $ 26,975.00 103364 PACIFIC GAS &
ELECTRIC PW March Monthly Utilities $ 19,946.31
103374 SANTA CRUZ REGIONAL
911 PD FY24/25 Q4 Operating Contribution $ 159,613.30
103376 SOQUEL CREEK WATER
DISTRICT PW Monthly Water & Irrigation Services $ 14,783.50 228 CalPERS Member
Services Division CM PERS contributions PPE 3/15/25 $ 68,393.49 230 INTERNAL REVENUE
SERVICE CM Federal taxes & Medicare PPE 3/15/25 $ 36,310.75 232 VOYA FINANCIAL CM Employee 457 contributions
PPE 3/15/25 $ 10,832.28
4 SANTA CRUZ COUNTY
BANK Fin February Credit Card Charges $ 14,255.27
103395 BURKE WILLIAMS AND
SORENSEN LLP CM January Legal Services $ 17,756.00
103398 CSG Consultants Inc. CDD February Building Plan Review Services $ 11,617.65
103399
CSW-STUBER-STROEH
ENGINEERING GROUP
INC
PW Cliff Drive Resiliency Project
Services $ 14,979.19
103411 KIMLEY HORN AND
ASSOCIATES INC PW Bay / Hill Intersection Analysis Services $ 23,090.00 227 CalPERS Health Insurance CM April Health Insurance $ 87,336.38 353 CalPERS Member
Services Division CM PERS contributions PPE 3/29/25 $ 67,817.04 355 INTERNAL REVENUE
SERVICE CM Federal taxes & Medicare PPE 3/29/25 $ 39,299.43 357 VOYA FINANCIAL CM Employee 457 contributions
PPE 3/29/25 $ 10,503.29
7116 Employee Final Check CM Employee Final Check $ 32,514.46 103500 BPS TACTICAL, INC. PD Bullet Proof Vests + Covers $ 12,085.16 103501 BURKE WILLIAMS AND
SORENSEN LLP CM February Legal Services $ 36,658.79
67 Item 8 B.
103522 LC ACTION POLICE
SUPPLY LTD PD 2023 Dodge Charger Parts $ 11,749.42
476 INTERNAL REVENUE
SERVICE CM Federal taxes & Medicare employee final checks $ 20,497.51 103552 BURKE WILLIAMS AND
SORENSEN LLP CM February Legal Services $ 50,048.34
103579 PACIFIC GAS &
ELECTRIC PW April Monthly Utilities $ 15,000.33
Attachments:
1. 03-14-25 Check Register
2. 03-21-25 Check Register
3. 03-28-25 Check Register
4. 04-04-25 Check Register
5. 04-11-25 Check Register
6. 04-18-25 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
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.
88 Item 8 B.
89 Item 8 B.
90 Item 8 B.
91 Item 8 B.
92 Item 8 B.
93 Item 8 B.
94 Item 8 B.
95 Item 8 B.
96 Item 8 B.
97 Item 8 B.
98 Item 8 B.
99 Item 8 B.
100
Item 8 B.
101
Item 8 B.
102
Item 8 B.
103
Item 8 B.
104
Item 8 B.
105
Item 8 B.
106
Item 8 B.
107
Item 8 B.
108
Item 8 B.
109
Item 8 B.
110
Item 8 B.
111
Item 8 B.
112
Item 8 B.
113
Item 8 B.
114
Item 8 B.
115
Item 8 B.
116
Item 8 B.
117
Item 8 B.
118
Item 8 B.
119
Item 8 B.
120
Item 8 B.
121
Item 8 B.
122
Item 8 B.
123
Item 8 B.
124
Item 8 B.
125
Item 8 B.
126
Item 8 B.
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: Public Works Department
Subject: Clean California Community Designation
Recommended Action: Authorize staff to sign the Clean California Community Designation pledge on behalf of the City of Capitola.
Background: In 2021, Caltrans launched the Clean California Initiative program to expand trash removal from state highways and fund local beautification and litter abatement projects. The Clean California initiative is a $1.2 billion, multi-year clean-up and public education effort led by Caltrans that removes trash, creates thousands of jobs, and joins with communities throughout the state to reclaim, transform, and beautify public spaces. The Clean California program also includes a public education campaign to foster a sense of shared responsibility for litter prevention to help protect our waterways, natural resources, public safety, and health.
Keep California Beautiful (KCB) is a nonprofit organization dedicated to promoting litter prevention, recycling, and community beautification across California. KCB has partnered with Caltrans to implement their new Community Designation Program (Program). The Program designates communities as Clean California Communities, recognizing and rewarding communities for their hard work in staying clean and beautiful through their commitment to zero-litter policies and regular local cleanups (Attachment 1). Any community within California is eligible to apply to the Program and the designation can be pursued by various entities, including cities, towns, counties, municipal districts, military bases, tribal lands, neighborhood groups, school campuses, houses of worship areas, community group service areas, business improvement districts, watershed groups, and other unincorporated entities.
At the April 16th, 2025, Commission on the Environment meeting, staff provided an overview of the current efforts the City is taking which may fulfill certain Program requirements. Following the staff presentation, the Commission recommended the City Council adopt the pledge to pursue the California Clean Community Designation.
Discussion: The Clean California Community Designation provides a framework for communities to enhance local environments and be formally recognized for their efforts.
The first step is signing a Pledge of Commitment (Attachment 2). As of April 5, 2025, 73 communities have signed the pledge (Attachment 3).
After signing the pledge, communities are encouraged to meet at least 10 of the 15 checklist criteria within one year (Attachment 4). The checklist includes actions such as conducting cleanups or recycling drives, planting trees or native plants, and educating the community or youth, among others. Staff has identified the City is meeting at least 11 of the 15 checklist criteria to some extent through current policies, contracts, community-based projects, and management efforts.
Benefits of completing the designation include:
Personalized on-site signage with the Clean California Community designation seal. Recognition on state websites and social media posts, and state-partnered media outreach. Right to promote Capitola as a Clean California Community. 127
Item 8 C.
Priority access to national grant opportunities, educational materials, and volunteer cleanup kits from Keep America Beautiful.
Automatic membership with KCB.
The first 100 communities to complete the process will receive personalized signage and a designation as a Keep California Beautiful affiliate.
Fiscal Impact: There is no fiscal impact associated with the recommended action.
Attachments:
1. Program Summary
2. Clean California Community Designation Webpage:
https://cleanca.com/designation/
3. Clean California Community Designation Pledge List
https://cleanca.com/wp-content/uploads/2025/04/Clean-CA-Designation-Pledged-List-as-ofApril-5-2025.pdf
4. Community Designation Checklist
Report Prepared By: Erika Senyk, Environmental Projects Manager Reviewed By: Julia Gautho, City Clerk, Jessica Kahn, Public Works Director Approved By: Jamie Goldstein, City Manager
128
Item 8 C.
Do you take pride in your community – and want to make it even better? Would you like your community to be recognized as a beautiful and clean place to live? Then help the place you love become a Clean California Community! Caltrans has launched a new statewide designation to reward communities for their hard work in staying clean and beautiful.
Why become a Clean California Community?
Beyond the immediate benefits of beautification, your community – once designated – will also receive,
V Personalized “You Are Entering a Clean California Community” signage with the Clean California Community logo.
V Recognition on state websites and social media posts, and state-partnered media outreach.
V Access to national grant opportunities, educational materials, and volunteer cleanup kits (while supplies last) from Clean CA partner, Keep America Beautiful.
What constitutes a “community”?
This can be incorporated geographic areas, such as cities, towns, counties, municipal districts, and military bases. It can also include neighborhood groups, school districts, houses of worship areas, community group service areas, business improvement districts, watershed groups, and other unincorporated entities. An organized entity with a leadership structure is a likely start. If you’re not sure about your community, reach out and ask!
What is required to become a Clean California Community? The designation process itself is FREE. Your community must commit to meet 10 or more of the following criteria and be able to provide records that they were completed – many of which you may already be doing:
V Your community’s leader must sign the pledge. For a town, this could be a mayor. For an organization, it might be the president or executive director, for a religious organization, it might be the minister, priest, imam, or rabbi.
V Establish an informal Clean CA committee or some other advisory body. This could be an existing committee that you leverage for Clean CA.
V Get community input through a public meeting, a survey, a special event, or some other means of gathering feedback from the public on your community’s approach.
V Conduct an initial litter assessment to establish your baseline.
V Hold regular community cleanups. We recommend at least 4 each year – big or small.
V Establish metrics and measure regularly to track your clean community’s progress.
Make Your Community a
Clean California Community!
129
Item 8 C.
V Educate the community by providing signage, community programs, or school lessons* to clean up and prevent litter.
V Provide K-12 educational programs* to help inform anti-littering behaviors among the youngest generations.
V Offer some form of enforcement or deterrence to prevent future littering.
V Create a long-term plan to ensure your community becomes and/or stays clean.
V Place anti-litter infrastructure in key locations, such as trash and recycling bins that are emptied regularly or utilize regular street sweeping to clean as you go.
V Green and beautify your community by planting trees, gardens, or flower beds, or create public art to make your community more vibrant.
V Schedule/host collection drives for hard-to-recycle items, such as “dump days” or “amnesty days.”
V Engage at least 5 local business partners to support your campaign.
V Provide cigarette receptacles to help contain the most widely littered item on the planet.
How do I apply for this designation?
The first step is simple – the community must designate an authorized representative to sign a pledge stating that the community will pursue the designation. Then within the next year, the community must document that it meets at least 10 of the above criteria. Once you achieve this milestone, you can be designated as a Clean California Community!
Visit CleanCA.com to learn more about how your community can become a Clean California Community. You can download the pledge and access *educational and designation resources here.
Make Your Community a
Clean California Community!
130
Item 8 C.
No. Leading Organization Community Type Caltrans
District
1 American Staffing Service Inc Sacramento Incorporation 3 2 Arroyo Grande in Bloom Arroyo Grande CBO 5
3 Carmel Cares Carmel-by-the-Sea CBO 5
4 Citizens Caring 4 Clearlake Clearlake Oaks CBO 1
5 City of Bakersfield Bakersfield Local Government 6
6 City of Cerritos Cerritos Local Government 7
7 City of Fresno Fresno Local Government 6
8 City of Hawthorne Hawthorne Local Government 7
9 City of Irvine Irvine Local Government 12
10 City of Manhattan Beach Manhattan Beach Local Government 7 11 City of Merced Merced Local Government 10
12 City of Oakland Public Works -
Environmental Services Division Oakland Local Government 4 13 City of Palmdale Palmdale Local Government 7
14 City of Paso Robles Paso Robles Local Government 5
15 City of Riverside Riverside Local Government 8
16 City of San Jose San Jose Local Government 4
17 City of San Leandro San Leandro Local Government 4
18 City of San Mateo: Team Up to
Clean Up San Mateo CBO 4
19 City of Santa Ana Santa Ana Local Government 12
20 City of Santa Clarita Santa Clarita Local Government 7 21 City of Tehachapi Tehachapi Local Government 9
22 Cleaner California Coast Initiative Inverness CBO 4
23 Color the Block Sacramento CBO 3
24 Community Member Needles Community Member 8
25 Comunidad de National Health
Foundaation (NHF) Los Angeles CBO 7
26 Corning Community of the Olive
Tree Corning CBO 2
27 County of Santa Cruz/Pitch In
Initiative Santa Cruz Coalition 5
28 Edwards Air Force Base (AFB) dwards AFB,Kern County Military Base 9 29 Friends of The Tracks at Brea Brea CBO 12
30 Girl Scout Troup 3007 Sacramento CBO 3
31 Goshen, CA Goshen Community Member 6
Initial participants in the Clean California Community Designation Program (Updated as of April 5, 2025)
*Hybrid - Nonprofit local government
For media inquiries, please contact Cami Crawford at [email protected] 131
Item 8 C.
No. Leading Organization Community Type Caltrans
District
32 Gustin Downtown Business
Association Gustin CBO 10
33 Hearts of Gold Ladera Ranch CBO 12
34 Holly's Ploggers Corona CBO 8
35 Hillcrest, San Diego San Diego CBO 11
36 Hmong Youth and Parents United -
Sacramento Sacramento CBO 3
37 I Love A Clean San Diego San Diego CBO 11
38 Keep Oakland Beautiful Oakland CBO 4
39 Kelseyville Business Association Kelseyville CBO 1
40 LEAD Filipino San Jose CBO 4
41 McDonald, Abdul - Community Member -
42 Monterey County Monterey County Government 5
43 MTO Shahmaghsoudi School Berkeley CBO 4
44 OCA East Bay, Oakland
Chinatown PickITup Oakland CBO 4
45 Ocean Institute Dana Point Visitor Center 11
46 OC Habitats Orange County CBO 12
47 Office of Community
Beautification, City of LA Los Angeles Local Government 7 48 PacOUt Green Teams Eureka CBO 1
49 Pacific Grove Cares Pacific Grove Community Member 5 50 Pacific Marine Mammal Center Laguna Beach CBO 12
51 Pacoima Beautiful Los Angeles CBO 7
52 Ransom House of Hope Los Angeles CBO 7
53 Refuse Refuse San Francisco San Francisco CBO 4
54 Resources for Older Americans &
Retirees (ROAR) Byron CBO 4
55 Revilatize Broadway Lemon
Grove Lemon Grove CBO 11
56 Rio Dell Community Resource
Center Rio Dell CBO 1
57 Rio Hondo College Rio Hondo University 7
58 RioVision Rio Vista CBO 3
59 Rising Communities West Athens,Los Angeles CBO 7
60 San Diego, CA San Diego Community Member 11
61 San Clemente Rotary San Clemente CBO 12
62 San Luis Obispo County San Luis Obispo County Government 5 *Hybrid - Nonprofit local government
For media inquiries, please contact Cami Crawford at [email protected] 132
Item 8 C.
No. Leading Organization Community Type Caltrans
District
63 Santa Clara Valley Transportation
Authority San Jose County Government 4
64 Senator Angelique Ashby's Office Sacramento Senator 3 65 Shorebird Park Nature Center Berkeley CBO 4
66 South Yuba City Yuba City Local Government 3
67 Stand Up To Trash Dana Point CBO 12
68 Surfrider Foundation Orange County CBO 12
69 Tahoe Park Neighborhood
Association Sacramento CBO 3
70 Vermont Knolls Neighborhood Los Angeles CBO 7
71 Watsonville Wetlands Watch Watsonville CBO 5
72 Western Riverside Council of
Governments Riverside Local Government 8
73 West Athens Steering Committee Los Angeles CBO 7
*Hybrid - Nonprofit local government
For media inquiries, please contact Cami Crawford at [email protected] 133
Item 8 C.
{ Sign the Pledge
Designate a community leader to e-sign
thepledge. For a town, this could be a mayor;
for an organization it could be the Executive
Director, for a school it could be a principal, for
a district a supervisor, and so on.
{ Advisory Body
Establish an informal Clean CA committee or
some other advisory body. This could also be
an existing committee.
{ Community Input
Get community input through a public
meeting, survey, special event, virtual call or
another means of gathering feedback from the
public on your community’s approach.
{ Litter Assessment
Conduct an initial litter assessment to establish
your baseline and identify litter hotspots in
your community.
{ Cleanups
Organize community cleanups. We
recommend at least 4 each year, big or small.
{ Measure Progress
Establish metrics and measure regularly to track
your clean community’s progress. Things to
track include # of volunteers, # of cleanups,
and pounds of litter removed.
{ Community Education
Educate the broader public on the impacts
and solutions to litter by providing signage,
educational programs, or other public
awareness & behavior change strategies.
{ Youth Education
Provide K-12 educational programs to help
inform anti-littering behaviors among the
youngest generations. Communities can
leverage the K-12 Clean CA educational
resources to meet this requirement.
{ Infrastructure
Place anti-littering infrastructure in key locations.
This can include trash and recycling bins
that are emptied regularly, or utilizing street
sweeping to clean as you go.
{ Enforcement
Establish policies, technologies or programs that
prevent or deter future littering.
{ Long-term Planning
Hash out a long-term plan or strategy to ensure
the sustainability of your efforts so that your
community stays clean.
{ Greening & Beautification
Complement cleanups by implementing
greening and beautification activities - plant
trees, gardens or flower beds, or create public
art to make your community more vibrant.
{ Collection Drives
Schedule or host collection drives such as
“dump days” or “amnesty days” for hard-torecycle or bulky items like mattresses, e-waste, or household appliances.
{ Partnerships
Engage local stakeholders and businesses to
partner with you and support your campaign.
We recommend partnering with at least
3-5 businesses.
{ Cigarette Litter
Provide cigarette litter receptacles to help
contain the most widely littered item on Earth.
Community Designation Checklist
To attain designation, communities must
meet at least 10 of these 15 criteria
134
Item 8 C.
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: Community Development
Subject: Contract for Arbitration Services
Recommended Action: Adopt a resolution authorizing the City Manager to execute a professional services agreement with California Hearing Officers, LLP to provide arbitration services for mobile home rent increase petitions pursuant to Capitola Municipal Code Chapter 2.18 and amending the FY 24-25 budget in an amount not to exceed $120,000.
Background: In 2023, the Capitola City Council adopted Ordinance No. 1060, enacting Chapter 2.18 of the Capitola Municipal Code (CMC), which establishes regulations governing rent stabilization in mobile home parks. The ordinance outlines a dispute resolution process that requires an impartial arbitrator to evaluate and decide petitions filed by residents in response to proposed rent increases.
On March 17, 2025, Cabrillo Mobile Home Estates, located at 930 Rosedale Avenue, issued a notice of rent increase to its residents. In accordance with CMC Section 2.18.090, the City subsequently received petitions from affected homeowners requesting review of the proposed rent increase.
Because a petition has been filed and accepted, the ordinance requires the City assign a qualified arbitrator to conduct a hearing and issue a decision on the matter.
Discussion: To implement the rent stabilization ordinance and respond to the petition received from residents of Cabrillo Mobile Home Estates, City staff issued a Request for Qualifications (RFQ) on April 8, 2025, to solicit qualified individuals or firms to serve as arbitrators for mobile home rent disputes.
The City received one response to the RFQ by the deadline of April 24, 2025. Following a review of qualifications, experience, references, and proposed fees, staff recommends contracting with California Hearing Officers, LLP.
California Hearing Officers, LLP meets all minimum qualifications outlined in the RFQ and demonstrates substantial experience in arbitration, rent control matters, and housing law. Their approach to neutrality, thorough understanding of the Municipal Code requirements, and commitment to timely hearings and decisions position them well to support the City’s mobile home rent stabilization goals.
Under the agreement, the arbitrator will complete the following scope of work:
Conduct hearings and issue binding decisions on rent dispute petitions pursuant to CMC §2.18.090;
Evaluate proposed rent increases for compliance with standards outlined in CMC §2.18.110, including just and reasonable return, net operating income, and mitigating factors; Provide written statements of decision within 30 days of hearings; and Coordinate with City staff on hearing schedules, document review, and compliance with established procedures.
Fiscal Impact: Costs associated with arbitration services will be funded by the Housing Trust Fund ($50,000) and General Fund ($70,000). Based on staff research of similar cases, the cost for arbitration for similar cases is on average $120,000. The contract will be billed on a time-and-materials basis according to the rates provided in the proposal. The contract agreement is proposed at for up to $120,000.
The total amount included in the proposed budget amendment is $120,000. 135
Item 8 D.
Attachments:
1. Resolution
2. Budget Amendment
3. Contract
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Finance Director; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
136
Item 8 D.
4902-3156-3307 v1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
ARBITRATION SERVICES RELATED TO MOBILE HOME RENT INCREASE PETITIONS AND TO AMEND THE FISCAL YEAR 2024–2025 BUDGET ACCORDINGLY WHEREAS, the Capitola City Council adopted Ordinance No. 1060 in 2023, establishing Chapter 2.18 of the Capitola Municipal Code to regulate mobile home rent stabilization and provide a dispute resolution process for residents; and WHEREAS, Capitola Municipal Code Section 2.18.090 requires that upon the filing of a petition challenging a rent increase, the City Administrator assign an impartial arbitrator to conduct a hearing and issue a binding decision; and
WHEREAS, on March 17, 2025, Cabrillo Mobile Home Estates issued a notice of rent increase to residents at 930 Rosedale Avenue, and affected homeowners have submitted valid petitions to the City pursuant to Capitola Municipal Code Section 2.18.090(B); and WHEREAS, on April 8, 2025, the City issued a Request for Qualifications (RFQ) to identify qualified arbitration professionals to assist in the implementation of the mobile home rent stabilization ordinance; and
WHEREAS, California Hearing Officers, LLP submitted a proposal in response to the RFQ and has been determined by staff to be qualified to provide the required arbitration services; and WHEREAS, funding for arbitration services will be provided through the City’s General Fund and Housing Trust Fund;
WHEREAS, the City Council desires to authorize the City Manager to enter into a professional services agreement with California Hearing Officers, LLP and to amend the FY 2024–2025 budget to allocate funds for the associated costs of arbitration services from the General Fund and Housing Trust Fund;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola as follows:
1. The City Council hereby authorizes the City Manager to execute a Professional Services Agreement with California Hearing Officers, LLP, to provide arbitration services related to mobile home rent increase petitions pursuant to Chapter 2.18 of the Capitola Municipal Code.
2. The City Council authorizes a budget amendment to the FY 2024–2025 budget in an amount not to exceed $120,000 to fund the arbitration services. The funds shall be appropriated from the General Fund ($70,000) and the Housing Trust Fund ($50,000).
3. The City Manager is further authorized to take all necessary actions to implement the agreement and ensure timely arbitration of pending petitions.
4. This resolution shall become effective immediately upon adoption. 137
Item 8 D.
4902-3156-3307 v1
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the ___ day of ______, ____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________
___________, Mayor
ATTEST:
_______________________
_______________, City Clerk
138
Item 8 D.
Budget Adjustment Request
Date
05/02/2025
Requesting Department *
Community Development
Type of Adjustment
Administrative
Council
Item #
Council Date
May 8, 2025
Council Approval
Revenues
Account Number Account Description Increase/Decrease
Total Revenues
$0.00
Expenditures
Account Number Account Description Increase/Decrease
1000-10-16-000-4320.103 CS-Legal Servs. Rent Control $70,000.00 1372-00-00-000-4320.110 CS-Legal Srvs. Housing $50,000.00 Total Expenditures
$120,000.00
Net Impact
-$120,000.00
Purpose
Arbitration services for Mobile Home Park Rent Stabilization Ordinance.
Department Head Approval
139
Item 8 D.
Finance Director Approval
City Manager Approval
140
Item 8 D.
Action History (all history times shown in Pacific Standard Time) Submit by Jim Malberg 5/2/2025 1:42:13 pm (Budget Amendment Request Submitted) Approve by [email protected] 5/2/2025 1:44:09 pm (Routed to CDD) The task was assigned to [email protected]
5/2/2025 1:42:13 pm
Approve (send to CM
for approval)
by Jim Malberg 5/2/2025 1:45:03 pm (Routed to Finance Director) The task was assigned to Jim Malberg
5/2/2025 1:44:09 pm
Approve (return to
Finance for
processing)
by Jamie Goldstein 5/2/2025 1:46:49 pm (Routed to CM for final approval) The task was assigned to Jamie Goldstein
5/2/2025 1:45:03 pm
141
Item 8 D.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CAPITOLA AND
CALIFORNIA HEARING OFFICERS, LLP
FOR HEARING OFFICER SERVICES
This agreement is entered into between the City of Capitola, a political subdivision of the State of California (“City”), and California Hearing Officers, LLP (“Contractor”), for the purpose of providing hearing officers for administrative hearings (collectively, the “Parties” and individually a “Party”).
NOW THEREFORE, the Parties hereto mutually agree as follows:
Section 1. SCOPE OF SERVICES.
A. Pursuant to the terms and conditions of this agreement, when requested by the City of Capitola, Contractor shall, during the term of this agreement, assign a hearing officer pursuant to Capitola Municipal Code 2.18.090. The hearing officer shall preside over and conduct hearings as identified in Section 2.18.090.F of the City of Capitola Municipal Code pursuant to hearing procedures which may be adopted by the City pursuant to Section
2.18.090, hear and consider the evidence, rule on procedural and legal issues, and prepare necessary findings and orders.
B. For all findings and orders, the hearing officer shall endeavor to issue those findings and orders within 30 calendar days from the closing of the record, unless otherwise agreed to in advance by all Parties.
C. When requested by the City of Capitola or another party in an administrative hearing and agreed to by Contractor, Contractor shall hear cases through a mutually agreed video conference program. For cases heard through such video conferencing program, Contractor shall maintain and provide an audio record of all such proceedings to all Parties, unless otherwise agreed to in writing by the Parties.
D. The City of Capitola will not have the authority to select the hearing officer for any specific case. Contractor will have sole authority and responsibility for assigning a hearing officer to conduct a hearing.
E. Depending on the particular City Code and/or California Public Resources Code requirements for service of decisions, decisions may be sent directly to the parties by the Contractor, or they may be emailed in PDF format to the appropriate City representative for service on the parties. In the latter procedure, the City may not alter or amend the decision other than to place a date on the decision that matches the date the City actually serves the decision.
F. The City shall provide the hearing file to Contractor at least 24 hours prior to the hearing.
Section 2. RESPONSIBILITIES OF CITY.
142
Item 8 D.
The City shall compensate Contractor as prescribed in sections 3 and 4 of this agreement.
Section 3. COMPENSATION.
For services provided in this agreement, Contractor shall be paid $700 per hour for the hearing officer’s preparation, conducting the hearing, and issuing a written decision for the services described in this agreement. Travel time paid at a rate of $175 per hour, plus mileage at the allowable IRS rate at the time the travel is conducted, and accommodations and per diem expenses, if necessary.
Contractor shall receive a minimum of four (4) hours of compensation for each hearing conducted hereunder. Thereafter, time shall be billed in 15-minute increments. If a hearing is rescheduled or canceled within 7 days (168 hours or less) of the scheduled hearing date, a four-hour charge will apply. If a hearing is rescheduled or canceled beyond 7 days (more than 168 hours) of the scheduled hearing date, a two-hour charge will apply. This charge shall be incurred each time a hearing is rescheduled or canceled at the rate applicable at the time the hearing is rescheduled or canceled, unless it is rescheduled or canceled at the request of the Contractor in which case no charge shall be applied.
Section 4. BILLING AND PAYMENT.
Contractor shall submit to City after completion of the services prescribed in section I, an itemized statement or invoice of services rendered. City shall make payment within 30 days of receipt of Contractor’s correct and approved statement or invoice.
In no event shall City refuse to pay any portion of the statement or invoice because of Contractor’s ruling on any particular case.
Should City, or the state or federal government, disallow any amount claimed by Contractor, Contractor will have an opportunity to substantiate its billing before a final decision to disallow.
If, however, any amount is disallowed, the Contractor shall reimburse City, or the state or federal government, as directed by City, or the state or federal government, for such disallowed cost.
Section 5. TERM OF AGREEMENT.
This agreement shall commence on May 9,2025 and shall end May 8, 2028, and shall remain in full force and effect unless sooner terminated as provided herein.
Section 6. TERMINATION OF AGREEMENT.
A. If Contractor materially fails to preside over a matter when requested by City, or if Contractor fails to fulfill in a timely and professional manner Contractor’s responsibilities under this agreement, then City shall have the right to terminate this agreement for cause effective immediately upon the City giving written notice thereof to Contractor. In no event shall City terminate this agreement because of Contractor’s ruling on any particular case. 143
Item 8 D.
B. Without Cause. City or Contractor may terminate this Agreement without cause upon thirty (30) days advance written notice to the other party. Such notice shall state the effective date of the termination.
C. Insufficient Funding. City’s obligations under this Agreement are contingent upon the availability of local, state and/or federal funds. In the event such funding is reduced or eliminated, City shall, at its sole discretion, determine whether this Agreement shall be terminated. City shall provide Contractor seven (7) days advance written notice of its intent to terminate this Agreement due to insufficient funding.
D. City’s right to terminate this agreement may be exercised by the City Manager.
E. Should this agreement be terminated, Contractor shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts, and other documents prepared by Contractor pursuant to this agreement.
F. If this agreement is terminated, Contractor shall only be paid for services satisfactorily completed and provided prior to the effective date of termination.
G. Contractor shall have a right to terminate this Agreement in the event of the City’s material breach hereof; provided, however, the termination of the breach of this Agreement will not become effective unless and until the Contractor has given the City written notice of breach, which notice shall state the nature of said breach, and the City shall thereafter have a period of ten (10) days following the giving of said notice in which to remedy said default to the reasonable satisfaction of the Contractor.
Section 7. ENTIRE AGREEMENT; AMENDMENTS; HEADINGS; EXHIBITS / APPENDICES.
A. This agreement supersedes all previous agreements relating to the subject of this agreement and constitutes the entire understanding of the parties hereto. Contractor shall be entitled to no other benefits other than those specified herein. Contractor specifically acknowledges that in entering into and executing this agreement, Contractor relies solely upon the provisions contained in this agreement and no others.
B. No changes, amendments, or alterations to this agreement shall be effective unless in writing and signed by both parties. However, minor amendments that do not result in a substantial or functional change to the original intent of this agreement and do not cause an increase to the maximum amount payable under this agreement may be agreed to in writing between Contractor and the City of Capitola Administrative Officer, provided that the amendment is in substantially the same format as the City’sstandard format amendment contained in the City Contracts Manual.
C. The headings that appear in this agreement are for reference purposes only and shall not affect the meaning or construction of this agreement.
144
Item 8 D.
D. If any ambiguity, inconsistency, or conflict exists or arises between the provisions of this agreement and the provisions of any of this agreement’s exhibits or appendices, the provisions of this agreement shall govern.
E. This agreement may be signed in any number of counterparts, each of which is an original and all of which taken together form one single document and will be effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Signatures delivered by email in PDF format or by fax will effective.
Section 8. NONASSIGNMENT OF AGREEMENT; NON-WAIVER.
Inasmuch as this agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or sublet any interest herein without the prior written consent of City. The waiver by City of any breach of any requirement of this agreement shall not be deemed to be a waiver of any other breach.
Section 9. EMPLOYMENT STATUS OF CONTRACTOR.
Contractor shall, during the entire term of this agreement, be construed to be an independent contractor, and nothing in this agreement is intended nor shall be construed to create an employeremployee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the professional manner in which Contractor performs the work or services that are the subject matter of this agreement; provided, however, that the work or services to be provided by Contractor shall be provided in a manner consistent with the professional standards applicable to such work or services. The sole interest of City is to ensure that the work or services shall be rendered and performed in a competent, efficient, and satisfactory manner. Contractor shall be fully responsible for payment of all taxes due to the State of California or the federal government that would be withheld from compensation if Contractor were a City employee. City shall not be liable for deductions for any amount for any purpose from Contractor’s compensation. Contractor shall not be eligible for coverage under City’s workers’ compensation insurance plan nor shall Contractor be eligible for any other City benefit. Contractor must issue W-2 and 941 Forms for income and employment tax purposes, for all of Contractor’s assigned personnel under the terms and conditions of this agreement.
Section 10. INDEMNIFICATION.
For professional services provided under this agreement, Contractor shall indemnify, defend, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from and against any and all claims, demands, actions, losses, liabilities, damage, and costs, including reasonable attorneys’ fees, arising out of or resulting from the reckless or willful misconduct of the professional services provided under this agreement. 145
Item 8 D.
Section 11. INSURANCE LIMITS.
Contractor shall maintain the following insurance policy limits of coverage:
a) Comprehensive general liability insurance: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If coverage is subject to an aggregate limit, that aggregate limit will be twice the occurrence limit, or the general aggregate limit shall apply separately to this project/location.
b) Professional liability insurance: Not less than $1,000,000 per claim and $2,000,000 aggregate on a claims-made basis.
c) Comprehensive motor vehicle liability insurance: Minimum limits of $1,000,000 per accident for bodily injury and property damage, including owned and non-owned and hired automobile coverage, as applicable to the scope of services defined under this agreement.
d) Workers’ Compensation Insurance, as required by the Labor Code of the State of California, with statutory limits, and Employers Liability Insurance, or participate in a self-insurance plan approved by the State of California Department of Industrial Relations to cover employees of Contractor, with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor will ensure that any non-employees hired by Contractor to perform services under this agreement also maintain continuously Workers’ Compensation and Employer’s Liability insurance. Each such policy shall contain, or be endorsed to contain, a waiver of subrogation against City, its agents, officers, officials, employees and volunteers.
Section 12. NOTICE OF CLAIM; APPLICABLE LAW; VENUE. .
A. If any claim for damages is filed with Contractor or if any lawsuit is instituted concerning Contractor’s performance under this agreement and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect City, Contractor shall give prompt and timely notice thereof to City. Notice shall be prompt and timely if given within 30 days following the date of receipt of a claim or 10 days following the date of service of process of a lawsuit. This provision shall survive the termination, expiration, or cancellation of this agreement.
B. Any dispute between the parties, and the interpretation of this agreement, shall be governed by the laws of the State of California. Any litigation shall be venued in Santa Cruz County or Sacramento County.
Section 13. COMPLIANCE WITH LAWS; NON-DISCRIMINATION.
A. Contractor shall observe and comply with all applicable federal, state, and local laws, ordinances, and codes that relate to the work or services to be provided pursuant to this agreement. All hearing officers will have been admitted to practice before the courts of this 146
Item 8 D.
state for at least five years prior to his or her appointment as required by California Government Code section 27724.
B. Contractor shall not discriminate in employment practices or in the delivery of services on the basis of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, medical condition (including cancer, HIV, and AIDS) physical or mental disability, use of family care leave under either the Family & Medical Leave Act or the California Family Rights Act, or on the basis of any other status or conduct protected by law.
C. Contractor represents that Contractor is in compliance with and agrees that Contractor shall continue to comply with the applicable provisions of: Title VI and Title VII of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Food Stamp Act of 1977; Title II of the Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act; California Civil Code Sections 51, et seq.; California Government Code Sections 4450, et seq., and regulations and guidelines issued pursuant thereto.
Section 14. COMPLIANCE WITH CHILD, FAMILY, AND SPOUSAL SUPPORT REPORTING OBLIGATIONS.
Contractor’s failure to comply with state and federal child, family, and spousal support reporting requirements regarding Contractor’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family, and spousal support obligations shall constitute a default under this agreement. Contractor’s failure to cure such default within 90 days of notice by City shall be grounds for termination of this agreement.
Section 15. LICENSES AND PERMITS.
Contractor, and Contractor’s officers, employees, and agents performing the work or services required by this agreement, shall possess and maintain all necessary licenses, permits, certificates, and credentials required by the laws of the United States, the State of California, the [AGENCY NAME], and all other appropriate governmental agencies, including any certification and credentials required by City. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this agreement and constitutes grounds for the termination of this agreement by City.
Section 16. PERFORMANCE STANDARDS.
Contractor shall perform the work or services required by this agreement in accordance with the industry and/or professional standards applicable to Contractor’s work or services.
Section 17. CONFLICTS OF INTEREST.
Contractor and Contractor’s officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income 147
Item 8 D.
that could be financially affected by or otherwise conflict in any manner or degree with the performance of the work or services required under this agreement.
Section 18. NOTICES.
A. Except as provided in section 6.B. of this agreement (oral notice of termination due to insufficient funding), any notices required or permitted pursuant to the terms and provisions of this agreement shall be given to the appropriate Party at the address specified below or at such other address as the Party shall specify in writing. Such notice shall be deemed given: (1) upon personal delivery; or (2) if sent by first class mail, postage prepaid, two days after the date of mailing.
If to City: Jamie Goldstein
City of Capitola, City Manager
420 Capitola Avenue
Capitola, CA 95076
If to Contractor: Kamardeep Athwal
California Hearing Officers, LLP
101 Parkshore Drive
Folsom, CA 95630
Section 19. AGREEMENT PREPARATION.
It is agreed and understood by the parties that this agreement has been arrived at through negotiation and that neither Party is to be deemed the Party which created any uncertainty in this agreement within the meaning of section 1654 of the Civil Code.
Section 20. COMPLIANCE WITH POLITICAL REFORM ACT.
Contractor shall comply with the California Political Reform Act (Government Code, sections 81000, et seq.), with all regulations adopted by the Fair Political Practices Commission pursuant thereto, and with the City’s Conflict of Interest Code, with regard to any obligation on the part of Contractor to disclose financial interests and to recuse from influencing any City decision which may affect Contractor’s financial interests. If required by the City’s Conflict of Interest Code, Contractor shall comply with the ethics training requirements of Government Code sections 53234, et seq.
Section 21. PROPERTY TAXES.
Contractor represents and warrants that Contractor, on the date of execution of this agreement, (1) has paid all property taxes for which Contractor is obligated to pay, or (2) is current in payments due under any approved property tax payment arrangement. Contractor shall make timely payment of all property taxes at all times during the term of this agreement.
Section 22. SEVERABILITY.
148
Item 8 D.
If any portion of this agreement or application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal or state statute or local ordinance, the remaining provisions of this agreement, or the application thereof, shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this agreement are severable.
Section 23. CONFIDENTIALITY.
During the term of this agreement, both parties may have access to information that is confidential or proprietary in nature. Both parties agree to preserve the confidentiality of and to not disclose any such information to any third party without the express written consent of the other Party or as required by law. This provision shall survive the termination, expiration, or cancellation of this agreement.
Section 24. USE OF CITY PROPERTY.
Contractor shall not use City premises, property (including equipment, instruments, and supplies), or personnel for any purpose other than in the performance of Contractor’s obligations under this agreement.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the dates set forth below. By their signatures below. each signatory represents that he/she has the authority to execute this agreement and to bind the Party on whose behalf his/her execution is made.
City of Capitola
Date:
Jamie Goldstein, City Manager
Approved as to form: RISK MANAGEMENT APPROVAL
City Counsel
Samantha Zutler, City Attorney
Date: By:
Kamardeep Athwal
California Hearing Officers, LLP
149
Item 8 D.
150
Item 8 D.
4911-8011-8588 v1
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: Public Works Department
Subject: GreenWaste Annual Rate Adjustment
Recommended Action: Adopt a resolution approving the contractual rate increase for collection and disposal of residential and commercial garbage, recycling, organics, food waste, yard waste, and construction and demolition debris, effective July 1, 2025, according to the Service Rate Schedule formula of the Franchise Agreement with GreenWaste Recovery, Inc.
Background: On October 14, 2021, the City Council authorized the City Manager to enter into an amended and restated Franchise Agreement (“Agreement”) with GreenWaste Recovery, Inc. for collection and disposal of garbage, recycling, organics, food waste, yard waste, and construction and demolition debris for the City of Capitola. The Agreement is effective through June 30, 2030.
The Agreement provides a prescribed formula to determine annual rate adjustments, which become effective July 1st of each year. The formula includes the cost of disposal and processing ("Tipping Fee") at the Monterey Regional Waste Management District facility in Marina and allows adjustments to labor and operating costs and other regulatory fees based on the Consumer Price Index (CPI). Both residential and commercial rates are subject to annual rate adjustments.
Discussion: Residential service rates include collection and disposal of residential garbage, yard waste, food scraps, and recycling. New residential monthly rates for FY 2025-26 were calculated using a 2.38% CPI increase for service rates and 3.00% increase for Tipping Fees. The sum of the service and disposal rate components are used to calculate the new rates for each garbage service category. The average residential rate increase among all garbage service categories is 2.47% (Table 1).
Commercial customers are separately billed for garbage, organics, and recycling. New commercial monthly service rates were calculated using a 2.38% CPI increase for service rates and a 3.00% increase for Tipping Fees on Garbage, Organics, and Recycle service.
Selected rates are included in Table 1 below, and the proposed resolution (Attachment 1) contains the full rate schedule effective July 1, 2025.
Table 1. Residential Rates
Garbage Service
Cart Size
Prior Rate
(07/01/2024)
New Rate
(07/01/2025) % Rate Increase
10 Gallon $ 18.80 $ 19.27 2.50
Care Discounted* $ 11.28 $ 11.56 2.48
20 Gallon $ 22.35 $ 22.90 2.46
Care Discounted* $ 13.41 $ 13.74 2.46
35 Gallon $ 25.33 $ 25.96 2.49
Care Discounted* $ 15.20 $ 15.57 2.43
64 Gallon $ 43.11 $ 44.17 2.46
96 Gallon $ 61.10 $ 62.61 2.47
Average % Rate Increase 2.47
*The Care Discounted rate is available to residential customers who participate in the PG&E Care Program. 151
Item 8 E.
4911-8011-8588 v1
Fiscal Impact: Any rate adjustments will have no effect on City expenses. The Franchise Agreement has a 10% franchise fee of gross receipts. Any rate change provides a corresponding change in franchise fee revenue.
Attachments:
1. Resolution
Report Prepared By: Erika Senyk, Environmental Projects Manager Reviewed By: Julia Gautho, City Clerk; Jessica Kahn, Public Works Director Approved By: Jamie Goldstein, City Manager
152
Item 8 E.
4924-4692-8956 v1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
APPROVING A RATE SCHEDULE FOR RESIDENTIAL AND COMMERCIAL
GARBAGE, RECYCLING, ORGANICS, FOOD WASTE, YARD WASTE AND CONSTRUCTION AND DEMOLITION DEBRIS IN CAPITOLA EFFECTIVE JULY 1, 2025, SUPERSEDING RESOLUTION NO. 4367
WHEREAS, on October 14, 2021, the City Council approved the Amended and Restated Garbage, Recycling, Organics, Food Waste, Yard Waste and Construction and Demolition Debris Services Franchise Agreement (“Agreement”) with GreenWaste Recovery; and WHEREAS, on May 23, 2024, the City Council adopted Resolution No. 4367, which amended the solid waste rate schedule effective July 1, 2024; and WHEREAS, the Agreement separates the costs for collection and disposal; and WHEREAS, the Agreement allows for GreenWaste Recovery to increase the collection rates annually. The annual adjustments include the cost of disposal and processing at the Monterey Regional Waste Management District facility in Marina and the rate change in the Consumer Price Index (CPI) for San Francisco-Oakland-San Jose area..
WHEREAS, the CPI increase was 2.38% for the period ending in December 2024; and
WHEREAS, the City contracts with Monterey Regional Waste Management District for disposal, where disposal costs have increased 3.00% for Residential and Commercial Garbage, Recycling, and Organics service; and WHEREAS, due to the increase in disposal costs, and as permitted by the Agreement, disposal rates for Residential and Commercial Garbage, Recycling, and Organics service will increase by 2.38%, for the CPI increase, and 3.00% for the increase for disposal, effective July 1, 2025. The sum of the service and disposal rate components are used to calculate the new rates for each garbage service category; and
WHEREAS, the City Council considered the rate increases described herein at a public meeting where members of the public had the opportunity to address the council on the proposed increases.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Capitola, approves the Rate Schedule for Residential and Commercial Refuse, Recycling, Organics, and Yard Waste in Capitola as shown on the Schedule of Rates attached to this Resolution (Exhibit A‐1: Residential Rates; Exhibit A‐2: Commercial Garbage, Recycle, and Organics Rates) effective July 1, 2025.
BE IT FURTHER RESOLVED that this Resolution becomes effective on July 1, 2025. 153
Item 8 E.
I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 8th day of May, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________
Joe Clarke, Mayor
ATTEST:
_______________________
Julia Gautho, City Clerk
154
Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com March 31, 2025
Jessica Kahn, P.E.
Public Works Director
City of Capitola
420 Capitola Ave
Capitola, California 95010
Dear Ms. Kahn:
We have calculated the new rates for Waste Collection as specified in the AMENDED
AND RESTATED GARBAGE, RECYCLING, ORGANICS, FOOD WASTE, YARD
WASTE AND CONSTRUCTION AND DEMOLITION DEBRIS SERVICES FRANCHISE AGREEMENT effective October 14, 2021, SECTION 7.1.C. Enclosed is the calculation of the CPI adjustment, a copy of the indexes from the Bureau of Labor Statistics website, and new rate schedules effective July 1, 2025.
The calculated increase is 2.38% based on the underlying CPI Index, with an increase of 3.00% in the MSW disposal component, 3.00% in the Yard waste disposal component, and 3.00% in the Food waste disposal component.
If you have any questions, please feel free to give me a call at (367)-602-1131 or e-mail me at [email protected].
Yours very truly,
________________________
James Redmond
Chief Financial Officer
Enclosures
155
Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 156 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 157 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com
158
Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 159 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 160 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 161 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 162 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 163 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 164 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 165 Item 8 E.
GreenWaste
610 E Gish Road, San Jose, CA 95112 • Office (408) 938-4930 • Fax (408) 938-4930 • www.greenwaste.com 166 Item 8 E.
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: Public Works Department
Subject: Award of Contract for 2025 Capitola Summer Shuttle Service Recommended Action: Authorize the City Manager to execute a one-year contract, with an option to extend for one additional season, with Community Bridges for operation of the 2025 Summer Shuttle in an amount not to exceed $89,100.
Background: The Capitola Summer Shuttle has served as a key seasonal transit service since 2004, helping to reduce vehicle congestion in Capitola Village by providing weekend and holiday shuttle service from peripheral parking areas to the beach area. This service is tied to the City’s Local Coastal Program and is required by the Coastal Commission to implement neighborhood parking permits in some areas.
Historically operated by MV Transportation, the service has been maintained through multi-year contracts. The shuttle was suspended in 2020 and 2021 due to the COVID-19 Pandemic, then resumed in 2022.
In March 2025, MV Transportation informed staff they would not be providing service for the upcoming summer season. Given the proximity to the start of operations, staff followed California Contracting Code allowances for informal procurement under $100,000 and solicited proposals from local transportation providers.
A qualified proposal was received from Community Bridges, a nonprofit based in Watsonville, California.
Discussion: Community Bridges, through its Lift Line transportation division, is proposed as the operator for the 2025 Capitola Summer Shuttle. Based in Watsonville, Community Bridges is a nonprofit organization with nearly five decades of experience delivering transportation and social services throughout Santa Cruz County. Lift Line currently manages a variety of transit programs, including paratransit and special event shuttles, and provides service for the City of Santa Cruz.
The proposed shuttle service includes weekend and holiday operations from Memorial Day weekend through mid-September, running from 10:00 a.m. to 8:00 p.m. The agreement also includes additional service for major events, such as the Capitola Car Show and the Art & Wine Festival, with extended hours and additional buses as needed. All vehicles will be ADA-compliant, with a minimum seating capacity of sixteen passengers and one wheelchair space.
Community Bridges will dispatch all vehicles from its Lift Line facility on Ohlone Parkway in Watsonville.
Their operations team, led by experienced program managers and driver supervisors, will oversee scheduling, compliance, driver supervision, and customer service. The proposal includes real-time dispatch capabilities, weekly ridership reporting, and adherence to safety and accessibility standards.
Fiscal Impact: The all-inclusive rate of $198 per hour covers all operational costs, including driver wages and benefits, vehicle maintenance, fuel, insurance, dispatching, and administrative oversight. The contract allows for an optional CPI-based rate adjustment if extended into 2026. Funds for the shuttle service are included in the Public Works Department FY 2024–25 operating budget.
Attachments: Shuttle Service Contract
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
167
Item 9 A.
4899-4027-1418 v2
CITY OF CAPITOLA
SPECIFICATIONS AND AGREEMENT
SUMMER SHUTTLE BUS SERVICE
COMMUNITY BRIDGES
WHEREAS, the City of Capitola, hereinafter called “City,” as a local transit operator, has determined that it is in the best interest of the City and its riding public to utilize a contract with a transportation provider to provide seasonal fixed route transportation services; WHEREAS, to implement the program, the City developed specifications and solicited proposals from both public and private operators interested in providing such transportation services, and in response to such solicitation of proposals and subsequent contract negotiations, Community Bridges (“Contractor”) has been selected to enter into this Agreement with the City to provide fixed route transportation services as hereinafter set forth; NOW THEREFORE, the parties hereto intending to be legally bound agree and covenant as follows:
I. BASIC AGREEMENT
Contractor hereby covenants and agrees to perform certain fixed route transportation services as hereinafter described, for the benefit of the City and in consideration thereof, the City agrees to provide compensation to the Contractor in accordance with the terms and conditions set forth herein. These services shall be known as “Summer Shuttle Bus Service.” I.1 TERM
The Agreement shall be for one (1) season commencing on the Saturday of Memorial Day weekend and ending on the second Sunday of September. The Agreement may be extended for one (1) additional season upon mutual written consent from the contractor and the City.
I.2 BASIC HOURS OF SERVICE
Contractor shall provide shuttle bus service from 10:00 a.m. to 8:00 p.m. on weekends (Saturday and Sunday) and holidays starting on Memorial Day weekend each year and continuing through the second weekend in September; holidays include Memorial Day, Juneteenth, 4 th of July, and
Labor Day. The City reserves the right to change the days and hours of service with 30 days’ written notice to the Contractor (390 est. total hours per year).
I.3 ART & WINE FESTIVAL
Contractor shall provide shuttle bus service for the Art & Wine Festival (festival date varies, usually in mid-September). The shuttle service hours will be from Saturday 9:30 a.m. to 8:00 p.m. and Sunday 9:30 a.m. to 7:00 p.m. (60 est. total hours). Contractor shall supply 3 shuttle buses on both days of the festival.
I.4 TEMPORARY CHANGES IN HOURS OF SERVICE
For special events like the Capitola Car Show, Wharf-to-Wharf Race, Capitola Beach Festival and the Art and Wine Festival, which are held during the summer months in Capitola Village, temporary changes in the hours of operation and route will be necessary. These changes usually take the form of either delays in the start of service or the extension of service beyond the basic hours of service. Route changes can also be anticipated during these events. The City shall 168
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
2 determine the hours of service necessary for any special events and notify Contractor in advance of any changes. Contractor shall not receive any additional compensation due to these changes and will only be paid at the unit contract price (described in Section II.2) for actual hours of service provided.
I.5 NUMBER OF SHUTTLE BUSES
Contractor shall supply the number of shuttle buses requested by City. A minimum of one (1) shuttle shall operate every day specified in the Basic Hours of Service. The City reserves the right to request additional shuttle operations based on demand. The City may require up to three (3) total shuttle buses for Basic Hours of Service.
Contractor shall supply an additional two (2) shuttle buses for the Art and Wine Festival.
Compensation shall be based on the total number of service hours provided by each individual shuttle bus.
The Parties understand and agree that the maximum number of shuttles in Contractor’s fleet that meet the shuttle-type specifications in Section 1.6 is five (5) shuttles. Therefore, the number of shuttles available per day is a maximum of five (5) shuttles. In the unlikely event that one of these five (5) shuttles is unavailable due to damage or mechanical issues, Contractor will make a good faith effort to substitute with a replacement shuttle that meets as many of the criteria section 1.6 as possible. The maximum number of shuttles provided per day shall not exceed a total of five (5) unless agreed to in writing by both Parties.
I.6 TYPE OF SHUTTLE
Contractor shall provide a sufficient number of shuttle buses that seat a minimum of sixteen (16) riders each and one wheelchair space. Contractor must have at least one dedicated spare bus to be used as a stand-by shuttle bus. All shuttle buses used must first be approved and accepted by the City before placed in service.
At the City’s option and expense, the City may choose to apply decals or skins to increase the visibility of the shuttle bus. The City and Contractor will cooperate to select the vendor and to negotiate the cost of decals and skins with the selected vendor. Such decals must be temporary and able to be removed and reapplied so that Contractor may use the shuttle without obstructing its own decals during times that the shuttle is not being used for the City under this contract.
In addition, some of Contractor’s shuttles currently have paid advertising on them which Contractor is contractually obligated to maintain. The Parties agree that the advertising does not need to be removed for the purposes of this contract. There is no advertising inside the shuttles and Contractor will not add any during the term of this contract.
I.7 ROUTES
The shuttle routes will be determined by the City. The primary route is a Beach Shuttle Route as shown on Attachment 1. This route may be modified by the City with advance notice to the Contractor. The Contractor may make variances in the shuttle route due to local traffic conditions if all designated stops are serviced. The City may designate temporary changes in the route to accommodate local road closures that may occur during special events in Capitola Village or other conditions shown on Attachment 2.
169
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
3 During the Art & Wine Festival the Contractor will provide shuttle buses on the route as shown on Attachment 3.
I.8 FARES
Contractor will not charge fares.
I.9 SIGNAGE
Each shuttle bus must display two signs, both located on the sides of the vehicle. Each sign shall measure 72" x 24", reading "Capitola Shuttle" in 12" minimum lettering. The Contractor is responsible for preparing sign design options and submitting them to the City for review. The City will select and approve the final design prior to fabrication.
I.10 RIDERSHIP COUNTS
Driver shall count and maintain a daily account record of all passengers serviced. Counts shall be tabulated and provided to City on a weekly basis, on a form provided by the City shown on Attachment 4.
170
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
4 II. ADMINISTRATION
II.1 BILLING
The Contractor will invoice the City on a monthly basis. Invoices must be accompanied by an itemized list of days that service was provided and hours of service. Overtime, or hours of operation beyond the basic amount, without prior approval of the City will not be paid.
Invoices for payment shall be so marked, include a reference to this Agreement purchase order number and shall be consecutively numbered and forwarded to: [email protected] Following preliminary verification of the invoice, the City will pay the Contractor within 30 days of receipt of the invoice.
II.2 TERMS OF COMPENSATION
The City shall pay to the Contractor:
$198.00 per Basic Hour Service.
$198.00 per hour of service for the Food and Wine Festival.
Compensation shall not exceed $89,100.00 per year, except as authorized in writing by the Director of Public Works.
Contractor will be entitled to an annual rate adjustment as described in Section VIII.22.
II.3 AUDIT
Contractor agrees to permit the City and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, Contractor’s records pertaining to matters covered by this Agreement. Contractor agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) years following the terms of this Agreement.
Any overpayment uncovered in such an audit may be charges against the Contractor’s future invoices. The City may withhold payment for services it believes were improper, failed to meet service specifications or are otherwise questionable. Contractor will not bill or be paid for unserved trips.
II.4 DRIVER AND PASSENGER CONDUCT STANDARDS
Drivers shall comply with and enforce the following conduct standards:
Drivers shall maintain a courteous and cooperative attitude in their contact with the public. Drivers shall only provide accurate and correct information to customers. Each driver shall carry a timepiece accurate to within one minute, reset to the exact time prior to beginning any route.
Drivers and passengers shall not smoke on board or near the shuttle buses. Drivers and passengers shall not vape on board or near the shuttle buses. Drivers and passengers shall not expectorate on or near the shuttle buses. 171
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
5 There shall be no operation of audio devices by drivers or passengers, with the exception that headphone systems are allowed to be played by passengers. Drivers shall not use communication devices of any kind, including cellular telephones or Bluetooth headsets, for any purpose while driving or attending to passengers. These devices shall only be used while the driver is stopped at a designated bus stop or other safe location.
Shoes and shirts shall be required to be worn by all passengers. No eating or drinking shall be allowed on board the shuttle buses. Driving while under the influence of drugs and /or alcohol is prohibited.
The Contractor shall exclude any driver whose behavior violates this Agreement.
II.5 INCLEMENT WEATHER POLICY
In the event that weather conditions are such that service must be temporarily suspended to ensure the safety of riders and drivers, the Contractor shall immediately notify the City to that effect. The Contractor shall assume responsibility for making a best faith attempt to contact any riders who may be at intermediate destinations and shall endeavor to provide such transport if safety and prudence permit.
II.6 COMPLAINTS
The Contractor is required to respond verbally or in writing to all rider complaints received from the City or individual riders. The Contractor is required to notify the City of any corrective action that was taken to ensure that the cause of any valid complaint will be eliminated. All written responses must be signed or cosigned by the person a complaint is against. If the City requests a written response to a complaint the Contractor must respond in writing within 14 calendar days.
The City will not ask the Contractor to investigate complaints by riders about on-time performance when the actual pick up and/or drop-off time for trips is reported to be within 10 minutes from the scheduled time.
II.7 CONFIDENTIALITY OF CLIENT INFORMATION
Any and all information regarding any individual person served by the City is strictly confidential.
It shall not be released to any party in any form without the authorization of the individual and/or the agency sponsoring the individual’s transportation.
II.8 ADVERTISING
During operational hours while performing this contract only, the Contractor shall display shuttle information for the public provided by the City in all shuttle buses in operation for this contract while such shuttles are in use for this contract..
The Contractor may not sell advertising within the shuttle bus without the City’s prior written approval other than under the terms set forth in Section I.6.for advertising currently on certain shuttle buses.
172
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
6 III. PERSONNEL
III.1 PERSONNEL
The Contractor shall be solely responsible for the provision of and satisfactory work performance of all employees and contractors performing work described by Agreement or any reasonable performance standard established by the City. The Contractor shall be solely responsible for payment of all employee, contractor and/or subcontractor wages and benefits. Without any additional expense to the City, the Contractor shall comply with the requirements of employee liability, worker’s compensation, employment insurance and social security. The City shall have the right to demand removal from the program, for reasonable cause, any personnel furnished by the Contractor. The Contractor shall not, absent prior written notice to, and consent by the City remove or re-assign any key management personnel identified in its proposal (e.g. Program manager) at any time prior to or after execution of the Agreement.
III.2 KEY EMPLOYEE
The Contractor must employ an individual whose major duties include the direction of services performed for the City. This key employee will be required to successfully complete all sensitivity training for both drivers and office personnel and all program, office and automation training, and must have decision-making powers for the Contractor. The key employee will be required to attend such meetings as are required by the City, proved that 48-hour notice is given. If the key employee is unable to attend a given meeting, another person vested with decision-making powers must attend.
III.3 OFFICE PERSONNEL AND PROCEDURES
The Contractor shall supply a sufficient number of employees to staff the office at all required times. The Contractor will be responsible for training these employees and making sure that all program policies and procedures are understood. Sufficient office staff must have dispatch capabilities. Each of the Contractor’s non-driving employees who have direct day-to-day interaction with the public will be required to attend a one-day sensitivity training program approved by the City. Personnel with dispatch capabilities will staff the Contractor’s office from at least one hour before the first scheduled pick up until at least one hour after the final scheduled drop-off.
III.4 DRIVERS AND DRIVER TRAINING
The Contractor shall supply a sufficient number of properly qualified personnel to operate the shuttle buses and to provide the services required. All drivers must complete a driver-training program paid for or provided by the Contractor and must take an annual refresher course.
The driver-training program will consist of the following:
Behind the wheel defensive driving class. Minimum two days, including classroom instruction.
Sensitivity training – minimum one-day classroom and one-half day “hands-on”, including lift training.
The Contractor is responsible for ensuring that each driver is properly acquainted with the requirements of the program and his/her responsibilities as a driver. The City requires that drivers 173
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
7 receive at least their defensive driver training and the “hands-on” portion of sensitivity training prior to providing any service in this program. All remaining driver training must be completed no more than thirty (30) days after any given driver begins providing service. Refresher training is required for all drivers on an annual basis. More frequent re-training may be required, as necessary.
III.5 MINIMUM DRIVER STANDARDS/DRUG SCREENING/ANNUAL PHYSICAL
EXAMINATION
All drivers shall be properly licensed in the State of California to provide this type of service.
Contractor shall annually obtain a written record from the State Department of Motor Vehicles for each driver and shall keep that record on file. Contractor shall provide a driver’s record to the City upon request. Drivers shall possess a Class “B” Driver’s License, with applicable endorsements mandated by the State of California for the type of vehicle operated. All drivers shall comply with all relevant State of California codes and standards. Each operator participating in the program, without exception, must be at least 21 years of age. A driver shall be disqualified from providing shuttle service, if any of the following circumstances exist:
1. The driver has more than three moving violations within the last 36 months.
2. The driver’s license has been revoked within the past 5 years.
3. The driver’s license has been suspended, revoked or put on probation by the DMV for a cause involving the safe operation of a motor vehicle within the last three years.
Contractor will conduct individual assessments of each applicant/employee in accordance with applicable state and federal laws.
In accordance with Department of Transportation (DOT) requirements, the Contractor shall, at its own expense, assure that all drivers, mechanics and other safety sensitive personnel performing services are free from alcohol misuse and/or the abuse of drugs; including amphetamines, opiates, cocaine, PCP, marijuana and the misuse/abuse of prescription drugs, formulations of amphetamines or derivatives of narcotic drugs, while on the job and/or performing safety sensitive duties. Contractor will require its prospective safety sensitive employees who may be assigned to perform work under this Agreement undergo pre-employment drug testing. Safety sensitive employees shall also be subject to post-accident testing, probable cause testing, and random testing as required by applicable law. Such drug and alcohol tests will comply with all applicable regulations. If an employee fails a random, post-accident, or probable cause test, Contractor shall inform the City of the failure and of the actions taken within 24-hours of the event.
III.6 PROPER HYGIENE
All operators in the program must practice good hygiene, are required to be neat, clean, and wellgroomed and are responsible for the proper care and cleaning of the garments they wear while on duty.
174
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
8 VI. VEHICLES, FACILITY AND MATERIALS
VI.1 VEHICLES
All vehicles must be able to carry a minimum 16 persons, with at least one space designated for wheelchairs.
VI.2 CLEAN EQUIPMENT
All equipment used in the program must be kept clean and be cleaned regularly. If City identifies a vehicle used in service that is not clean, the Contractor shall immediately remove the vehicle from service and replace it with a sufficient vehicle within thirty (30) minutes when requested verbally or in writing by City.
VI.3 RADIO STANDARDS
The Contractor must provide two-way radio communication equipment for every vehicle to be used in provision of service for the City. The Contractor is required to provide the City with its radio frequency number(s) used to communicate/dispatch its vehicles used under this Agreement.
VI.4 REMOVAL OF VEHICLES
The City may order, either verbally or in writing, the immediate removal from service any vehicle that the City determines, in its sole discretion, does not meet the City’s vehicle specifications, is unsafe, or not in compliance with any Federal, State, or local laws, inspections or regulations.
VI.5 LAWS, ORDINANCES AND REGULATIONS
It shall be the responsibility of the Contractor to assure that all Federal, State and local laws, regulation, ordinances, licenses, or inspections governing vehicles in this service are complying before service is begun and always covered by the period of this Agreement.
VI.6 APPROVAL BY PUBLIC WORKS DIRECTOR/EXCEPTIONS
Exceptions to any of these requirements shall require prior approval by Public Works Director.
Use of any vehicle in the program also requires prior approval of Public Works Director. No exceptions that adversely affect safety will be made. The City will inspect any vehicle for program use approval within 14 working days of the Contractor’s request.
VI.7 SAFETY/INSPECTIONS
The Contractor shall perform daily safety inspections of vehicles prior to beginning the day’s service. Vehicles failing the daily inspection will not be used in service until the reason for failure is corrected. The City reserves the right to ensure vehicles are being maintained properly and are in safe operating condition. If a vehicle fails inspection, it is barred from service until the problem(s) are corrected. For passenger comfort, the heating and air-conditioning units of all vehicles must be kept in proper working order. The City may inspect vehicles at any time and may bar a vehicle from service until problem(s) are corrected.
VI.8 DAMAGE
Contractor shall repair all damage to vehicles within 30 days of occurrence in a high-quality manner, regardless of cause.
175
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
9 VI.11 SPARE VEHICLES
The Contractor is required to have, at its immediate disposal, at least 1 spare vehicle. Vehicles must be able to carry a minimum of 16 persons and maintained to the previously stated standards.
It is the Contractor’s responsibility to ensure that sufficient fleet vehicles are available to meet service requirements.
The Contractor shall make available a back-up vehicle for disabled access. The vehicle shall fully conform to ADA requirements. The back-up vehicle shall be available within 20 minutes of dispatch.
VI.12 HEAD ROOM
Ample head room is to be provided to accommodate tall (6’6”) wheelchair passengers during entry and transport.
VI.13 RAILS
Each vehicle shall have stanchions and overhead grab rails for standing passengers.
VI.14 LIFTS
Lifts for passenger loading must be hydraulic, electric or a combination of the two, and must be of the latest design. All current safety features are to be incorporated including: stop gate sensitive edges, manual controls, handrails, interlocks to prevent movement and shall be operable only in park. The lift to be used shall have been tested and be capable of safely lifting to 1,000 pounds.
If electronic lifts are utilized, they shall also be capable of manual raising and lowering. If lifts are mounted for entry through the rear door of a vehicle, the vehicle must have flashing light signaling capability, mounted near the roof line, to be used during loading and unloading. All lifts must comply with ADA Regulations.
VI.15 AGE
No vehicle shall be more than 10 model years old.
VI.16 WARNING LIGHTS
An audible alarm and external flashing light (hazard warning) shall be incorporated to alert passengers of lift operation. The audible alarm is to sound only during lift motion. The hazard warning lights shall be illuminated whenever power to the lift is turned on.
VI.17 WHEELCHAIR ACCOMMODATIONS
Vehicles must be able to accommodate standard, electric, three-wheelers, (Amigo types), and recent model light alloy wheelchairs.
VI.18 WHEELCHAIR TIE DOWN & SAFETY BELT REQUIREMENT
A wheelchair tie-down system must be in place in all vehicles. The tie-down system must (a) enable the chair and the occupant to be secured independently of each other; (b) not have metal to metal contact of the tie-down mechanism and the chair; and (c) secure the chair at the strongest points of the chair frames, and not at the wheels. All wheelchair restraints must comply with the Americans with Disabilities Act (ADA) regulations.
176
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
10 A safety belt for each rider is required and drivers are required to ensure that the safety belts of each passenger are fastened. For wheelchair occupants, the safety belt must be independent of the wheelchair tie-down system and must be designed for release by an occupant who can release a standard clasp belt buckle.
VI.19 SEATS
Bench seats utilized for passengers must be equipped with a strap or a pull for balance.
VI.20 DOME LIGHTS
Interior dome lights are required for all vehicles.
VI.21 MANEUVERABILITY
Each vehicle must be able to maneuver in narrow one-way streets.
VI.22 SPARE TIRE
Each vehicle must carry a spare tire, in good condition, and the necessary equipment for removing and mounting a tire.
VI.23 INSPECTIONS REQUIREMENT/STATE OF CALIFORNIA
Each vehicle must pass State of California Department of Transportation inspection required for non-emergency medical transportation livery permits. Current inspection stickers must be displayed by all vehicles.
VI.24 FIRE EXTINGUISHER
Each vehicle must carry a full portable current inspected fire extinguisher.
VI.25 TRANSMISSION REQUIREMENTS
All vehicles shall be equipped with a heavy-duty automatic or manual transmission. The transmission shall be properly mated with the engine furnished. Controls and internal parts shall be adequately designed and adjusted to provide smooth power shift accelerations without damage, and to prevent output torque when the selector lever is in neutral position.
VI.26 AIR CONDITIONING
The vehicle heating and air conditions systems shall be designed to provide passenger comfort within the vehicle. Both heated and air-conditioned air shall be evenly distributed in the vehicle interior. Blowers shall be of sufficient size to evenly distribute air without creating drafts or blowing excessively on the passengers. Any vehicle with an inoperable air conditioning or heating system shall not be used for service. Each vehicle must use their air conditioning and/or heating system as weather conditions and passenger comfort dictate.
VI.27 MIRRORS
A fully adjustable mirror shall be installed on each exterior side of the vehicle. An interior rearview mirror shall be mounted ahead of and to the right of the operator’s position to provide a general view of the interior of the vehicle.
177
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
11 VI.28 ROOF STRENGTH
The vehicle roof strength must be such that the likelihood of roof collapse in a rollover accident is minimized.
VI.29 FACILITIES
Contractor shall provide suitable facilities with which to operate the service. This includes maintenance and storage facilities. All furnishings, equipment and supplies are the responsibility of the Contractor.
VI.30 FUELS AND MATERIALS
All fuels, lubricant, parts, materials, etc. required for the performance of this Agreement shall be supplied by Contractor. Diesel operated vehicles must employ diesel particulate filters and utilize lower sulfur diesel fuel.
VI.31 SAFETY EQUIPMENT
Each vehicle shall be equipped with safety equipment that meets California Highway Patrol standards.
VI.32 AIR EMISSIONS STANDARDS
Contractor is responsible for ensuring that all vehicles meet the applicable California Air Resources Board and Air Quality Management District air emissions standards for public transit fleets at all times.
178
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
12 VII. INSURANCE AND BONDS
VII.1 INSURANCE
The Contractor shall be required to carry insurance (and furnish proof thereof) to the following minimum limits:
a) Worker’s Compensation
Coverage A – Statutory
b) Comprehensive General Liability (Including Contractual Liability and Independent Contractors)
Bodily Injury Liability:
Each Person $2,000,000.00
Each Accident $2,000,000.00
Property Damage Liability:
Each Accident $2,000,000.00
c) Automobile Liability
Bodily Injury Liability:
Each Person $2,000,000.00
Each Accident $2,000,000.00
Property Damage Liability:
Each Accident $2,000,000.00
Or $2,000,000.00 Combined Single Limit
All deductible payments are responsibility of Contractor. The City shall be named as additionally insured on all liability policies. All accidents must be reported to the City within 24 hours of the occurrence.
Contractor agrees that these policies shall not be canceled, nor the coverage reduced until thirty (30) days after the City has received written notice from the Contractor of such cancellation or reduction by certified mail.
The Contractor will provide the City documentation proving insurance coverage, in a form approved by the City within 30 days of notice of contract award or 10 days before commencing transportation services, whichever occurs first.
VII.2 CLAIMS
If, as a result of any operation performed under this Agreement, a claim is made against the City or the Contractor, the Contractor must verbally notify the City within 48 hours. Contractor must submit a written verification and analysis of such claim to the City within 14 calendar days. The 179
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
13 City shall notify the Contractor of any claims reported directly to the City within 48 hours of receipt of the claim.
VII.3 ACCIDENTS
All passengers and vehicle related accidents involving any property damage or personal injury resulting from service provided under this agreement must be verbally reported, immediately, and verified, in writing, to the City with a complete report on the incident, including any forms provided by the City for the purpose, within 24 hours of the occurrence. The City shall notify the Contractor of any accident reported directly to the City within 24-hour notice of the accident.
VII.4 PERFORMANCE BOND
Bonding requirements have been waived for this project. 180
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
14 VIII. ADDITIONAL AGREEMENT TERMS AND CONDITIONS
VIII.1 CANCELLATION OF AGREEMENT
a) If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City may terminate this Agreement immediately upon written notice of termination. Notice of such cancellation will be given with enough time to allow for the orderly withdrawal of the Contractor without additional harm to the participants or the City.
b) The City may terminate this Agreement without cause by giving thirty (30) day prior written notice thereof to Contractor.
The City shall pay Contractor for services satisfactorily performed up to the effective date of termination plus Contractor’s reasonable close-out costs which shall not exceed 2% of the annual contract costs. Contractor shall submit to the City detailed invoices with the close-out costs and City shall pay those it deems reasonable. The City has no obligation to the Contractor, of any kind, after the date of termination.
VIII.2 MODIFICATION OF AGREEMENT
Any increase, reduction, delay, or modification of shuttle service shall be mutually agreed to by the City and Contractor in a writing signed by authorized representatives of both parties.
VIII.3 DISCLAIMER OF LIABILITY
The City will not hold harmless or indemnify the Contractor for any liability whatsoever, except to the extent such liability is caused by City’sits officers’, employees’ or agents’ sole negligence or willful misconduct.
VIII.4 INDEMNIFICATION AND HOLD HARMLESS
The Contractor agrees to protect, defend, indemnify and hold the City, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising out of Contractor’s performance under this Agreement. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury, infringement of any patent, trademark, copyright (or application thereof) or of any other tangible or intangible personal or property right, or actual or alleged violation of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at his/her sole expense and agrees to bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent. Contractor shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of the City its officers, employees and agents. The acceptance of services under this Agreement by the City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the termination of this Agreement. 181
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
15 VIII.5 LAW GOVERNING
All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of California.
VIII.6 ANTI-DISCRIMINATION CLAUSE
The Contractor shall not in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed.
VIII.7 LICENSING AND PERMITS
The Contractor shall be appropriately licensed for the work required in the Agreement. The cost for any required licenses or permits shall be the responsibility of the Contractor. The Contractor is liable for any and all taxes due as a result of the Agreement.
VIII.8 ASSIGNMENT/TRANSFER OF INTERESTS
There shall be no assignment/transfer of interests or delegation of the Contractor’s rights, duties, or responsibilities of Contractor under this Agreement without prior written approval of the City, not to be unreasonably withheld.
VIII.9 REGULATORY REQUIREMENTS
The Contractor shall comply with all Federal, State, and local licensing and/or regulatory requirements (including permits) applicable to the provision of Summer Shuttle Bus Service.
VIII.10 EQUAL OPPORTUNITY
The Contractor will always abide by the equal opportunity provisions of the Civil Rights Act of 1964 as amended, Executive Order 11375 and as supplemented in Department of Labor Regulations 41CFR Part 60 and of the rules, regulations, and relevant orders of the Secretary of Labor.
VIII.11 SEVERABILITY
In the event any provision of the Agreement is declared or determined to be unlawful, invalid or unconstitutional, such declaration shall not affect, in any manner, the legality of the remaining provisions of the Agreement and each provision of the Agreement will be and is deemed to be separate and severable from each other provision.
VIII.12 SAFETY POLICY
The Contractor shall always abide by the Contractor’s written safety policy as described in materials submitted during the procurement process for this Agreement and as approved by the City.
VIII.13 INDEPENDENT CONTRACTOR
Under the terms of this Agreement, the Contractor is an independent contractor and has and retains control and supervision of the services performed by and full control over the employment and direct compensation and discharge of all persons, other than City employees, assisting in the performance of its services hereunder. The Contractor agrees to be solely responsible for all 182
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
16 matters relating to payment of employees, including compliance with social security, all payroll taxes and withholdings, unemployment compensation and all other regulations governing such matters. The Contractor agrees to be responsible for its own acts and those of its subordinates, employees and any and all subcontractors, if any, during the life of this Agreement. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
VIII.14 WAIVER OF TERMS AND CONDITIONS
The failure of the City or the Contractor in any one or more instances to enforce one or more of the terms or conditions of the contract documents or to exercise any of its rights or privileges, or the waiver of any breach of such terms or conditions, shall not be construed as thereafter waiving an such terms, conditions, rights or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.
VIII.15 INTERPRETATION, JURISDICTION, AND VENUE
This Agreement and other contract documents shall be construed and interpreted solely in accordance with the laws of the State of California. The Contractor hereby consents and submits to the jurisdiction of the appropriate courts of California for adjudication of any suit, right or cause of action arising under or in connection with the contract documents.
VIII.16 INSPECTION OF WORK
a) All works (which term through this clause includes services performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall always be subject to inspection and test by the City to the extent practicable and places during the term of the Agreement. All inspections by the City shall be made in such a manner as not to unduly delay the work. The City shall have the right to enter the Contractor’s premises for the purpose of inspecting and auditing all data and records which pertains to the Contractor’s performance under this Agreement. The City shall also have the right to enter Contractor’s premises for the purpose of inspecting vehicles owned by the Contractor that are used to provide service under this Agreement.
b) If any work performed hereunder is not in conformity with the requirements of this Agreement, the City shall have the right to require the Contractor to perform the work again in conformity with the requirements of the Agreement at no additional increase in the total contract amount. When the work to be performed is of such a nature that the defect cannot be corrected by re-performance of the work, the City shall have the right to 1) require the Contractor to immediately take all necessary steps to ensure future performance of the work in conformity with the requirements of the Agreement; and 2) reduce the Agreement price to reflect the reduced value of the work performed. In the event the Contractor fails promptly to perform the work again or to take necessary steps to ensure future performance of the work in conformity with the requirements of the Agreement, the City shall have the right to either a) by contract or otherwise 183
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
17 have the work performed in conformity with the contract requirements and charge to the Contractor any costs to the City that is directly related to the performance of such work, or b) terminate this Agreement for default as provided in the clause of the Agreement entitled “Cancellation of Agreement.”
VIII.17 COMPLIANCE WITH LAWS AND PERMITS
The Contractor shall give all notices and comply with all existing and future Federal, State, and municipal laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the Agreement, including, but not limited to, the laws referred to in these provisions of the Agreement and the other contract documents. If the contract documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, the Contractor shall furnish to the City certificates of compliance with all such laws, orders, and regulations.
VIII.18 RESERVED
VIII.19 SUBCONTRACTING
The Contractor shall obtain the City’s written consent prior to entering any subcontract affecting the service. The City reserves the right to require certain clauses be placed in any subcontracting agreements affecting the service provided under this Agreement. No subcontractor shall, under any circumstances, relieve the Contractor of their liability and obligation under this Agreement.
VIII.20 AGREEMENT RENEWAL
The City shall notify the Contractor by November 30, 2025 indicating its intent on renewing the Agreement for an additional season. The City and Contractor shall mutually agree to any renewal, and the Contractor shall consent to the renewal by December 31, 2025.
VIII.21 RATE ADJUSTMENTS
The hourly rate will be adjusted annually by the Consumer Price Index (CPI) for San FranciscoOakland-Hayward for Urban Wage Earners and Clerical Workers, as published by the U.S.
Department of Labor, Bureau of Labor Statistics (positive changes only). Additional rate adjustments may be requested by the Contractor with each renewal and must be substantiated with documented cost increases, such as fuel costs. Any request by the Contractor for additional rate increases, above the CPI increase, must be received in writing by the City by December 31st of each year. The City reserves the right to reject the rate increase and may either negotiate with the Contractor or publicly solicit for new proposals.
VIII.22 FORCE MAJEURE
Neither Party shall be liable to the other Party for any losses, expenses, or damages resulting from any delay in performance or from non-performance caused by circumstances beyond the reasonable control of the Party affected, including but not limited to acts of God, fire, flood, explosion, epidemic, war, terrorism, sabotage, strike, or labor dispute. The affected Party shall use reasonable commercial efforts to avoid or remove those causes of non-performance. In the event that either Party is unable to perform its obligations under this Agreement by reason of force majeure, it shall immediately give notice thereof as provided for herein to the other Party. 184
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
18 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made, effective and executed as of the 8
th day of May, 2025, by their respective authorized officials.
City of Capitola Community Bridges
By: ___________________________
Benjamin Goldstein, City Manager
Date: _________________________
By: ___________________________
Ray Cancino, Chief Executive Officer
Community Bridges
Date: _________________________
Approved as to form:
By: ___________________________
Samantha Zutler, City Attorney
Date: _________________________
185
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
19 Attachment 1
186
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
20 Attachment 2
187
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
21 Attachment 3
188
Item 9 A.
Specifications and Agreement, May 8, 2025
Summer Shuttle Bus Service
Community Bridges
22 Attachment 4
189
Item 9 A.
2025 Capitola Summer Shuttle Service
City Council
May 8, 2025
190
Item 9 A.
Free shuttle offers weekend and holiday
service between the Village Parking Lot and
Capitola Village
Required by Coastal Commission to maintain
Neighborhood Parking Permit
“Residential permit parking shall be in effect only during shuttle hours of operation... If shuttle service is suspended, the permit parking program shall also be suspended.”
— LCP Policy I.1.c.4–5
Background Long-Term Development Process
2025 Capitola Summer Shuttle
191
Item 9 A.
192
Item 9 A.
193
Item 9 A.
• Awarded multi-year contract in 2020
• Held a larger contract with MST in Seaside
• Gave notice in March 2025—no contract extension
MV Transportation
• Truncated timeline
• Proposals were solicited from local providers
• Limited vendors due to size, timeline, and capacity
constraints
• Community Bridges submitted a qualified proposal
2025 Solicitation
Long-Term Development Process Procurement Process
2025 Capitola Summer Shuttle
194
Item 9 A.
• 50 years of experience
• Transportation and social services
throughout Santa Cruz County
Watsonville-based Nonprofit
• Service for vulnerable populations
• Seasonal transit needs
• City of Santa Cruz special events
Lift Line Division
Community Bridges Long-Term Development Process
2025 Capitola Summer Shuttle
195
Item 9 A.
Providing 60,000 doorto-door rides a year to
seniors and people
with disabilities;
allowing these Central
Coast residents to
maintain their health
and independence
through accessible
transportation
196
Item 9 A.
Shuttle Signage • Shuttle Bus Signs • Two 72" x 24" signs per vehicle
• Text: “Capitola Shuttle”
• Optional City Branding • City may supply decals or
skins for added visibility
• Must be
removable/reusable
• Advertising • Exterior ads currently on
shuttles may remain
• No interior ads
197
Item 9 A.
• Estimated $89,100 for 2025 season
• FY 24/25 and 25/26 DPW operating budget
Total Cost
• 390 for standard service
• 60 for special events
• Hourly Rate $198 per shuttle
• Covers all operational costs
Estimated Hours
• Option to renew for additional season with a CPI
rate adjustment
Contract Extension
Long-Term Development Process Fiscal Impact
2025 Capitola Summer Shuttle
198
Item 9 A.
Recommendation
Authorize the City
Manager to execute a
one-year contract with
Community Bridges
for the 2025 Summer
Shuttle Service in an
amount not to exceed
$89,100, with an
option to extend for
one additional season.
199
Item 9 A.
Capitola City Council
Agenda Report
Meeting: May 8, 2025
From: Public Works Department
Subject: Park at Rispin Mansion Construction Update and Proposal for Additional Site Work
Recommended Action: Authorize staff to approve Change Order No. 2 to the construction contract with Betz Works for the Park at Rispin Mansion Project in the amount of $50,000 for additional site work utilizing available Measure Q funds.
Background: Construction of the Park at Rispin Mansion has been underway since spring 2024. On March 28, 2024, the City Council authorized the City Manager to execute a construction contract to Betz Works in the amount of $949,000. During construction, the project experienced delays related to PG&E utility connections and seasonal weather conditions that paused site work until dry conditions returned.
To address the PG&E issues, the City issued Change Order No. 1 in the amount of $50,000 to fund additional underground utility work and added paving for ADA accessibility improvements.
Since the start of construction, Countywide voters approved Measure Q (November 2024), providing $200,000 annually to the City in dedicated funding for parks, open space, and public improvements. Staff projects in Fiscal Year 2025–26 approximately $50,000 in Measure Q funds will remain available after funding other items in the proposed FY 2025–26 Budget. Budget hearings will commence on May 15.
Discussion: When the Park at Rispin Mansion contract was awarded, several enhancements were removed from the project scope to remain within budget.
Given the availability of Measure Q funding, the fact the contractor remains mobilized on-site, and the challenges of adding improvements after the park is landscaped and open, staff recommends completing additional site work now.
The proposed additional work, as funding allows, includes:
Stamped concrete in the area around the fountain, the landing between the fountain and amphitheater, and the sundial plaza area, including installation of the Pelican Sundial and Sundial pad. The current project includes decomposed granite in those areas. The original project included pavers in those areas, but they were removed due to funding constraints. Constructing the oval pathway around the park and future bocce ball court and the connector path. These were previously planned as decomposed granite but could be constructed using stamped concrete to provide a durable and low-maintenance surface that matches the aesthetic originally proposed.
Using stamped concrete, which resembles pavers, will maintain the intended visual appearance while reducing future maintenance costs and installation complexity. Other options for the available funding include security cameras in the Park. However, that work would be completed by a different contractor and could be done at a later date without incurring additional mobilization costs.
Completing these improvements now would enhance the final park experience and avoid future construction disruptions. However, it would extend the park opening timeline by several weeks.
The following elements remain outside of the project scope:
200
Item 9 B.
Table 1: Excluded Project Elements
Project Elements Approximate Cost
Acanto Fountain Emitter $7,000
Bike Post Bollards (5 units) $7,000
Ceramic Plant Containers (4 units) $7,000
Ceramic Urns (2 units) $2,000
Game Table with Benches $42,000
Oak Leaf Fountain Emitter $3,000
New Arbor with Columns $82,000
Bocce Ball Court $53,000
Additional Planting $20,000
Total $223,000
Fiscal Impact: The allocated project budget of $949,000 includes a $178,000 Proposition 68 grant from State Parks. Including the proposed additional site work, total change orders would amount to approximately $100,000, or 10.5% of the original contract value.
The additional work would be funded with available $50,000 in FY 25-26 Measure Q funds. No additional General Fund contributions are required.
Attachments:
1. Locations of proposed hardscape improvements
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
201
Item 9 B.
Currently Hardscape
Proposed DG to Hardscape
Proposed Hardscape
202
Item 9 B.
Park at Rispin Mansion
City Council – May 8, 2025
203
Item 9 B.
Project
Overview
• Original Bid Process: February 2023
• Negotiated Contract: $949,000 awarded to
Betz Works (March 28, 2024)
• Funding Sources:
• $178,000 from Proposition 68 grant
• Remaining from City funds
• Initial Scope Adjustments: Certain
enhancements removed to stay within budget
204
Item 9 B.
• Grading restrictions
Start Date: Spring 2024
• PG&E utility delays
• Seasonal weather conditions causing work
pauses
Challenges Encountered
• Underground utility work
• ADA paving
Change Order No. 1: $50,000
Construction Progress Long-Term Development Process
Park at Rispin Mansion Update
205
Item 9 B.
206
Item 9 B.
• Supports wildfire prevention, clean
water, parks, trails, beach cleanup,
and habitat restoration
Approved by Countywide Voters
November 2024
• Available in FY 2025–26 Proposed Budget:
~$50,000
Annual Allocation to Capitola
$200,000
Measure Q Funding Long-Term Development Process
Park at Rispin Mansion Update
207
Item 9 B.
• Stamped concrete at fountain, amphitheater, and
sundial plaza
• Sundial installation
• Oval and connector pathways in stamped concrete
Enhancements - $50,000
• Visual Appeal: Mimics pavers
• Durability: Low-maintenance, long-lasting
materials
• Cost Savings: Avoids future mobilization costs
• Usability: Improved path access
Benefits
Proposed Enhancements (Change Order No. 2) Long-Term Development Process Park at Rispin Mansion Update
208
Item 9 B.
Currently Hardscape
Proposed DG to Hardscape
Proposed Hardscape
Proposed Enhancements (Change Order No. 2) Long-Term Development Process Park at Rispin Mansion Update
209
Item 9 B.
Proposed Enhancements (Change Order No. 2) Long-Term Development Process Park at Rispin Mansion Update
210
Item 9 B.
Element Estimated Cost
Acanto Fountain Emitter $7,000
Bike Post Bollards (5 units) $7,000
Ceramic Plant Containers (4 units) $7,000
Ceramic Urns (2 units) $2,000
Game Table with Benches $42,000
Oak Leaf Fountain Emitter $3,000
New Arbor with Columns $82,000
Bocce Ball Court $53,000
Additional Planting $20,000
Total $223,000
Additional Elements Outside Current Scope Long-Term Development Process Park at Rispin Mansion Update
211
Item 9 B.
Total Contract Value: $1,049,000
Change Orders Total: $100,000 (10.5% of contract)
CO1: $50,000 CO 2: $50,000 Measure Q
Original Contract: $949,000
$178,000 Prop 68 grant $771,000 General Fund
Long-Term Development Process Fiscal Impact
Park at Rispin Mansion Update
212
Item 9 B.
Remaining Project Timeline
May
Mid-May: Utility
trenching and
grading
June
Hardscape
installation and
utility
connections
July
Landscaping,
electrical work,
and final site
improvements
Early August
Project
completion
Remaining Project Timeline Long-Term Development Process Park at Rispin Mansion Update
213
Item 9 B.
Recommendation
Authorize staff to approve
Change Order No. 2 to
construction contract
with Betz Works for Park
at Rispin Mansion Project
in the amount of $50,000
for additional site work
utilizing available
Measure Q funds.
214
Item 9 B.
Emily Jacobson
Vice Choir
AN ELEMENTAL YEAR WITH ELEMENTAL IMPACT
In 2023. we embarked on a journey to embrace the elemental through the introduction of innovative exhibits and programs. From getting down in the dirt with new programs to reaching airy heights with new exhibits. we sought to inspire and educate our community in innovative ways.
The addition of a Program and Outreach Coordinator has been instrumental in expanding our reach and ensuring that our programs resonate with a diverse audience.
We have hosted events for a wide range of groups--including nonprofits, developmentally disabled adults. toddlers and infants. summer camp providers , and our local 4H group. As a result of these investments by the museum. we were thrilled to see our admissions numbers return to pre-pandemic Levels with over 40 ,ooo people visiting this museum this year--a testament to the fire of our community's enthusiasm for our new activities and programming.
From a new IMLS research grant to study access programs at museums to our continued support of just under one third of our visitors as free or reduced admission guests. we continue to make waves by breaking down barriers to ensure everyone can access and feels welcome in our museum.
As we Look ahead to our 10th anniversary in November 2024, we are excited to see this foundational work make an even greater impact for the children of Santa Cruz County We invite you to explore this report and discover the transformative power of our museum for Local families.
~ Rhiannon Crain
Executive Director
Your support makes this possible! Make sure to join
us this Fall for our 10th anniversary gala to
celebrate our Decade of Discovery! lA¥-
Seth Reder
Board Chair
MUSEUMS FOR ALL
An Access Program that Spans
the Nation
Did you know our Executive Director.
Rhiannon Crain, had a whole career as an
educational researcher before taking this
job? Well. for the next three years she is a
member of a multi-institution research team
investigating the efficacy of a national
program called Museums for All designed to
remove the cost-barrier for entrance to
museums around the United States. MOD
has been a member of this program since
2021 which has enabled 1000s of visitors to
access our children's museum for just $3.
The program has grown to include over 1300
museums, zoos. and gardens around
) -.. the U.S.!
MOD BY THE NUMBERS
10 Staff (all part time!)
75~o
Of visitors cgme
more than once
12,000+
Visited with free or
reduced admission
6 New exhibits last
year
50,000
Guests served
annually
PLAY PURPOSE
If exhibits are the heart of our museum, our
programming is the soul. This year we built out our
education team and saw our programs and exhibits
take flight. Grounded in a deep understanding of
early childhood education. we aim to build
experiences--for children that make their eyes light
up through surprise, exploration with phenomena,
creativity, [-... open-ended play, and even a little
silliness. It f'!J; · J is all a part of healthy learning.
Check out all the
fun happening at
the museum!
SOARING PROGRAMS
Fairy House
building
Fosters creativity. promotes community. enhances spatial awareness. and
encourages environmental
awareness.
Real Tools!
Develops fine motor skills, boosts c onfidence, fosters problem-solving. encourages
mdependence. and enhances
understanding o f basic
mechanics.
Potion-Making
Encourages creativity.
enhances fine motor skills.
introduces basic science
concepts. and promotes
sensory exploration.
07 I FY 2024
Pioneered the "air
fountain"--8 fans arranged
in a circle allowing open
ended exploration with air
currents, flight. and full
body involvement. This
new exhibit captures the
imagination with its
aesthetic appeal and
hypnotic movement.
Transformed our kinetic
sand box, enhancing
imaginative and sensory
play. Kinetic sand is messy
and expensive (we keep
this one stocked with
special sand straight from
Sweden to the tune of
$2000 each year!).
In a year-Long youthcentered partnership with
Soquel 4H, we engaged
youth in a collaborative
exhibit build resulting in an
epic new prehistoric
dinosaur play area with a
glowing volcano. These
kinds of programs are
central to the communitycentric ethos of our
We played with water in all
its forms this year--as ice
with our Snow Days where
an innovative partnership
with a Local shave ice
business brought the snow
to the museum--to our
engineering-oriented sail
boat wind tunnel challenge
for visiting school kids.
FINANCIAL OVERVIEW
Fiscal Year 2024
July l, 2023- June 30, 2024
We were cautiously optimistic about
our potential for earned revenue this
year and exceeded our expectations.
This was reflected in our admissions-
-we had seven days where more
than 500 people visited our small
museum. And, we.continue to be one
of the most visited museums in
Santa Cruz County. Our operations
and admin and education expenses
grew this year as we built out our
team to bring stellar, creative.
engaging play-with-purpose to our
community.
2023-2024 Fl NANCIALS
Income
$489.973.00
• 20% Memberships I $95.163
23% Admissions I $114.071
. 15% Programs I $72.219
22%. Grants I $107.674
. 18% Contributions I $39 .225
2% Gift Shop I $11.436
• 52% Operations & Admin I $183 .791
• 31% Education (Exhibits & Programs) I $109.4S7
. 13% Visitor Services I $4S.S10
5%. Fundraising I $17.67S
FISCAL YEAR 2024 DONORS
The Santa Cruz Children's Museum of Discovery relies on generous donors to support and fund the advancement of our mission each year We gratefully acknowledge all the individuals. companies, foundations. and government entities for their gifts, sponsorships . and grants which supported a yea r of playing. laughi ng. and learning. Donors are listed according to their total monetary and in-kind donations recei ved between July 1. 2023 and June 30. 2024
INDIVIDUAL DONORS
$5000 & ABOVE
Patrice & Robert Keet
Edward Newman
$2500-$4999
Jim & Donna Felich
$1000 - $2499
Bonnie Keet &
Stephan Adams
Judson Ward &
Rhiannon Crain
Mary James
Seth & Andrea Reder
Chris & David Crain
Neil & Debra Gluskin
$500- $999
Lisa & John Olson
Emily & Chris Jacobson
Vicki Boriack
Brian Scholz
Aaron Burstein &
Corinne Keet
Michael Cottingham
$250- $499
Michelle Montalvo &
Ricardo Gudino Juarez
Bertrand Achard
Anonymous
Anonymous
Richard Curtin
We also thank 280
individuals for their
contributions of
less than $so
$so- $249
Janice Manabe
Margaret Carino-Condon
Barry & Janette Reder
Jessica Reder
Michaela Getz
Robert & Kathleen Moler
Catherine & Jared Rodecker
Sandra Prather
Allan Kass
Georgina Wong
Larry Wallman & Wendy Bell
Lori Burkett
Mr. Brian Ashford and Stacey
Anderson
Patricia & Hayes Noel
Pat & Tony Maldi
Tom Yount
Cassie Blom
Carol Hill
Carol Tang
Kevin Karplus
Jason Horner
ORGANIZATIONAL DONORS
$10000 & ABOVE
City of Capitola
$5000-$9999
Institute of Museum
and Library Services
$1000 - $4999
Omega Nu
$50-$999
Wonderland Toys