Agenda packet — Capitola City Council, September 25, 2025 (part 2 of 2)

The Planning and Implementation project budget templates include a category for indirect costs. Indirect costs for the whole project should be shown on this line item, rather than applied to each task. Your indirect cost rate can be whatever rate has been appropriately calculated for your organization. For more information on calculating your indirect rate, your organization should contact a Certified Public Accountant that works with nonprofit or government organizations. Note that, regardless of the rate that is used, the total amount of indirect costs charged to the Conservancy cannot be more than 20% of the total grant amount.

Acquisition projects do not typically include indirect costs.

Please round all budget numbers up to the nearest $100.

In the Budget Justification section, you should provide an explanation of the costs for each of the project tasks that will be charged to the Conservancy grant. The budget justification should give reviewers a sense of what costs each budget line item will cover. Please list by task what the cost breakdown is, including estimated labor hours, any materials that will be purchased, or additional costs that your project will have. You can read more about what costs the Conservancy can cover in our grants in Section III of this guide on Eligible Costs.

Project Cost Estimate: Acquisition Projects
Project Cost Estimate: Acquisition Project Tasks Conservancy Grant
Other
Funding Total
425
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II. APPLICATION PACKAGE
29 October 2023
1 Pre-Acquisition Costs
2 Acquisition
Acquisition Price
Closing Costs
Other
TOTAL
Budget Justification (Only required for costs listed under Conservancy Grant)

1. Pre-Acquisition Costs: List the pre-acquisition costs included in the cost estimate.

2. Acquisition Price – Specify the basis of the acquisition price (appraisal, estimate based on similar acquisition, etc.)

3. Closing Costs: List the closing costs included in the cost estimate.

4. Other – Identify any other costs included in the cost estimate.

Project Cost Estimate: Planning Project
Project Tasks Conservancy
Grant
Other
Funding Total
1 Project Management and Administration
2 Community Engagement
3 Technical Studies (List)
4 Design Drawings and Specifications
5 Environmental Review
6 Permitting
7 Other
Indirect Costs
TOTAL
Budget Justification (Only required for costs listed under Conservancy Grant)

1. Community Engagement – Provide approximate number of hours of your staff’s time that will be charged to the Conservancy for Community Engagement, and separately provide the approximate number of hours of consultant time. You can include stipends for community participation or hours for community partners that will be compensated as well.

2. Technical Studies -- List the technical studies that will be undertaken and the approximately cost of each. Specify the basis of this estimate (consultant proposal, estimate based on past experience, etc.).

3. Design Drawings and Specifications – If more than one level of design (for example, 30% and 60%) will be prepared, provide the cost estimate for preparing each level. Specify the basis of this estimate (consultant proposal, estimate based on past experience, etc.). 426
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II. APPLICATION PACKAGE
30 October 2023

4. Environmental Review – Specify the basis of this estimate (consultant proposal, estimate based on past experience, etc.).

5. Permitting – If the estimated cost of work related to any individual permit is $10,000 or more, provide that individual cost estimate in this justification.

6. Other – Specify the components of the “Other” category and the basis of the cost estimate. If the estimated cost for any individual component in the “other category” is $10,000 or more, provide that individual cost estimate in this justification.

Project Cost Estimate: Implementation Project
Project Tasks Conservancy
Grant
Other
Funding Total
1 Project Management and Administration
2 Community Engagement
3 Final Design and Permitting, if applicable
4 Construction Management
5 Construction Cost (attach engineer’s cost
estimate or other detailed cost estimate)
6 Environmental Compliance (if not included above)
7 Monitoring and Adaptive Management
8 Other
Indirect Costs
TOTAL
Budget Justification
In this budget justification section, you only need to address the costs listed under Conservancy Grant.

1. Project Management and Administration -- Provide approximate number of hours of your staff’s time that will be charged to the Conservancy for Project Management and Administration, and separately provide the approximate number of hours of consultant time.

2. Final Design and Permitting – Specify the basis for the Final Design and Permitting cost estimate; for instance, estimate from designer, estimate based on similar past experience, etc.

3. Construction Management (CM) – Specify the basis for the CM cost estimate; for instance, percent of construction cost, estimate from CM contractor, etc.

4. Construction Cost -- Specify the basis of the construction cost estimate, including the level of design(%) that the estimate is based on. Specify the contingency costs included in the cost estimate (note: we will pay for contingency costs, no need to hide them). 427
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II. APPLICATION PACKAGE
31 October 2023

5. Environmental Compliance – Specify the main components of the environmental compliance work such as biological and cultural monitoring, implementing mitigation measures not included in the Construction Cost, implementing required habitat mitigation if not included in the Construction Cost. Specify the basis of the cost estimate for this task.

6. Monitoring and Adaptive Management – Specify the components of the monitoring and adaptive management work and the basis of the cost estimate. Note that the Conservancy can usually only pay for 0 to 2 years of post-project monitoring and adaptive management due to time constraints on our funding.

7. Other – Specify the components of the “Other” category and the basis of the cost estimate. If the estimated cost for any individual component in the “other category” is $10,000 or more, list that individual cost estimate in this justification.

PROJECT MAPS, DESIGN PLANS, AND PHOTOS
Project Location Map
Include a map that clearly shows the project location within the context of the surrounding area. Be sure map shows nearest road access to site.

Concept Level Site Plan
For all Implementation projects and those Planning projects where conceptual design work has been completed, you should include a conceptual level site plan showing the key project components. For Implementation projects, more detailed design documents can also be provided as an attachment.

Site Photos
Provide one or more clear photos of the project site that clearly show the character of the site.

Additional Documents
If there are any additional documents that are critical for understanding the project, please attach or provide a link(s) for up to two additional documents. Examples of attachments could include feasibility studies, CEQA documents, appraisals, or other documents that are directly related to the proposed project.

II. APPLICATION PACKAGE
32 October 2023
to evaluate the acquisition project and its potential alignment with the goals and objectives of the State Coastal Conservancy’s 2023-2027 Strategic Plan. *TOGETHER Bay Area’s Conservation Lands Network (CLN) is an organizing tool for regional coordination, including a set of geography-specific habitat goals for biodiversity conservation, and a set of maps and tools that can be used to inform an acquisition project’s alignment with regional biodiversity and habitat goals and conservation plans.

NON-PROFIT APPLICANT DOCUMENTATION
Non-profit applicants should include the following with the applications:

1. Completed Nonprofit Organization Pre-Award Questionnaire.

2. Letter of Determination from the Internal Revenue Service indicating current 501(c)(3) status.

3. Note: Applicants who have submitted the questionnaire in the past two years do not need to resubmit. Non-profits only need to submit the 501(c)(3) letter once, unless it is updated.

CONSERVATION CORPS CONSULTATION PROCESS
For Implementation projects, applicants must submit a completed Conservation Corps Consultation Review Form.

SOUTHERN CALIFORNIA WETLANDS RECOVERY PROJECT
For wetlands restoration projects on the Southern California Wetlands Recovery Project Work Plan, submit a map of your project site using the Marsh Adaptation Planning Tool (MAPT) and your WRP Support Letter.

GRANT APPLICATION SURVEY
The Conservancy seeks to continuously improve our grant application process. Please take some time after completing this grant application to provide feedback on your experience as an applicant. The survey link can be accessed here. Your response will be anonymous, and we will greatly appreciate your constructive criticism.
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III. ELIGIBLE COSTS
33 October 2023
III. ELIGIBLE COSTS
This section provides rules and examples of eligible costs for Acquisition, Implementation and Planning projects.

ACQUISITION PROJECT ELIGIBLE COSTS
The following table provides examples of Eligible Costs for Acquisition Projects.

Acquisition Costs Examples
Purchase price of the property
and other activities necessary to
complete the Acquisition.

To be eligible for a Conservancy
grant, property must be acquired
from willing sellers. Acquisition
costs associated with
condemnation or eminent
domain are not eligible. In
addition, the land’s sale price
may be up to, but cannot exceed,
the appraised fair market value.

State funds may not be used in
part or whole to acquire property
above fair market value.
• Appraisals, surveys
• Preliminary title reports
• Title insurance fees
• Escrow fees and purchase price, at no more than fair
market value
• Project Management Costs

PLANNING PROJECT ELIGIBLE COSTS
Planning Project Costs Examples
Data collection, technical
analyses, design and engineering,
environmental review,
permitting, management
activities, community
engagement necessary to
complete the planning effort.
• Community-based planning meetings, focus groups,
design workshop costs. May include multi-lingual
translation, materials, stipends for community
members’ time, etc.
• Online community engagement tools
• Data collection and analysis
• Modelling and other technical analyses
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III. ELIGIBLE COSTS
34 October 2023
Planning Project Costs Examples
• Environmental Review (CEQA and NEPA)
• Work necessary to secure project permits
• Development of a bid packages
• PROJECT/GRANT administration (excluding grant
writing) and accounting

IMPLEMENTATION PROJECT ELIGIBLE COSTS
The following table provides examples of Eligible Costs for Implementation Projects.

Implementation Project Costs Examples
Final design and permitting
activities, construction activities
and associated regulatory
compliance, and management
activities necessary to complete
the project.
• Project Management and Grant Administration
• Community Engagement meetings and activities,
including participant or partner stipends.
• Plans, specifications, construction documents, and
cost estimates
• Permits
• Premiums on hazard and liability insurance to cover
personnel or property
• Bid package development
• Site preparation, grading, gutting, demolition
• Purchase and installation of permanent structures:
bridges, bathrooms, etc.
• Construction supplies and materials
• Construction equipment owned by GRANTEE: Daily
rates for equipment owned by the grantee may be
charged to the grant for each use. Rental rates
published by the California Department of
Transportation may be used as a guide. For audit
purposes, a report or source document must describe
the work performed, indicate the hours used, relate
431
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III. ELIGIBLE COSTS
35 October 2023
Implementation Project Costs Examples
the use to the GRANT SCOPE, and must be signed by
the operator or supervisor.
• Construction equipment rented or purchased by
GRANTEE: equipment may be rented or purchased,
whichever is the most economical use of GRANT
funds. For purchased equipment, the GRANT will pay
for the rental price equivalent in proportion to the
time the purchased equipment is used on the GRANT
SCOPE. (Rental rates published by the California
Department of Transportation may be used as a
guide.) The GRANT will pay for the total cost of the
equipment if the purchase price is less than the rental price equivalent. Any funds earned by the GRANTEE
from the sale of equipment purchased with the
GRANT must be spent on the PROJECT.
• Construction management: including site inspections,
scheduling mobilization, directing equipment,
materials, and construction personnel.
• Miscellaneous costs: other costs incurred during the
construction phase, such as transporting materials,
equipment, personnel, communications and
landscape establishment periods.
• Contingency costs.

INELIGIBLE COSTS
Ineligible costs include, but are not limited to, the following:
• Costs incurred before the grant agreement is signed and preconditions met or after the grant completion date.
• Projects imposed on an Applicant through legal mitigation or a regulatory process. Note, the mitigation costs associated with implementation of a project are eligible costs. • Fundraising
• Food for meetings or events (Can be eligible in certain situations, inquire with the Regional Manager if food for events is necessary for your project.) 432
Item 8 C.

III. ELIGIBLE COSTS
36 October 2023
• Grant Writing in most cases
• Operation and Maintenance
• Addressing record keeping discrepancies
• Charging employee services without documentation (timesheets) of actual time spent on the project
• Other charges that lack source documents or backup documentation (no evidence of invoices, bid process, payment receipts, etc.)
433
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IV. APPENDICES
37 October 2023
IV. APPENDICES

TECHNICAL ASSISTANCE FOR APPLICANTS
This section summarizes the assistance available to Applicants. We encourage you to access the following:

Individual Assistance
All Applicants can request a technical assistance meeting with Conservancy staff. We encourage you to consult with us prior to applying. In these meetings, we will answer any questions you have and provide guidance on how to make your application as competitive as possible. To schedule a meeting, send an email with a brief description of your project to the Regional Manager that covers the location of your project:

North Coast: Del Norte County to coastside Sonoma and Marin Counties Karyn Gear: [email protected]
San Francisco Bay Area: Nine Bay Area Counties, excluding the coastside of Sonoma, Marin, and San Mateo Counties
Moira McEnespy: [email protected]
Central Coast: Coastside San Mateo County to Santa Barbara County Trish Chapman: [email protected]
South Coast: Ventura County to San Diego County, plus Riverside and San Bernardino counties.

Megan Cooper: [email protected]
Grant Writing Training
In 2016, the Conservancy offered a training to “Improve Your Grant Writing Skills”. The recording of this webinar provides helpful guidance on how to write strong grant applications.

We recommend you watch this video: https://youtu.be/bnR8KPTnWvc Parks-Related Anti-Displacement Strategies
The SCC’s mission includes helping people access and enjoy the outdoors. Projects such as parks, urban greenspaces, trails, education centers, and waterfront revitalization provide multiple benefits ranging from local economic development to positive health outcomes.

However, these well-intentioned projects sometimes result in drastic increases in property values in the immediate neighborhoods where they occur and can raise the risk of displacement for residents, their respective cultures, and local businesses. 434
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IV. APPENDICES
38 October 2023
The following flowchart was created by Conservancy staff to assist grantees in considering Parks-Related Anti-displacement Strategies:

Assistance with Incomplete Application Documents
The Conservancy does not automatically disqualify an Application if it is missing a required element. In these cases, the Conservancy will request the missing information and provide a deadline for submittal. If multiple parts of the application are missing it will be deemed ineligible.

Strengths and Weaknesses
If you project does not receive a grant award, you can get “strengths and weaknesses” feedback based on the Project Selection Criteria once all decisions have been made. This feedback may be useful to you in applying for funding in the future. Please contact the appropriate Regional Manager (see list above) to discuss your project. 435
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1 STATE COASTAL CONSERVANCY

GRANT APPLICATION
Please read the Grant Application Guide, found at this link:
https://scc.ca.gov/webmaster/ftp/pdf/forms/SCC_Application-Guide.docx , to help you fill out this application.

Submit your application to [email protected]

SUMMARY INFORMATION

CONTACT INFORMATION
Organization: City of Capitola
Contact Person: Jessica Kahn, P.E., Public Works Director Email: [email protected]
Phone: (831) 475-7300
Webpage (if applicable): https://www.cityofcapitola.org/

PROJECT INFORMATION
Project Name Esplanade Park Coastal Access & Adaptation Plan Project Summary
(1 sentence)
Planning and conceptual design for climate-resilient
improvements at Esplanade Park, including sea-level rise studies, community engagement, evaluation of naturebased, hybrid, structural, and retreat strategies, and development of a preferred adaptation and access plan.

Amount Requested $275,000
Total Project Cost $325,000
Estimated Start Date February 2026
Estimated End Date April 2027
Project Type:
(check all that apply) ☒Planning ☐Acquisition ☐Implementation 436
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2 Total Acres (if applicable) 0.53 acres of parkland
Total Trail Miles (if applicable) 0 (adjacent shoreline access of approx. 1,200 linear feet) Assessor Parcel Numbers
(Acquisition projects only)

LOCATION INFORMATION
County(ies) Santa Cruz
Specific Locations 108 Monterey Avenue, Capitola, CA
95010. APNs: 035-262-07, -08, -09, -10
Latitude, Longitude (e.g., 37.80630, -122.2735) 36.971980, -121.950128 What point is represented by the lat/long (e.g.
parking lot, center of site, etc.)
center of site
Is project in, or within 0.5 miles of, a
Disadvantaged Community? (mapping tool:
https://www.parksforcalifornia.org/communities/?overlays=parks) ☐Yes ☒No ☐Partially

LEGISLATIVE DISTRICTS
District Number, Name of Representative
State Assembly District 30 – Dawn Addis
State Senate District 17 – John Laird
Congress District 19 – Jimmy Panetta
437
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3 PROJECT DESCRIPTION
Complete each of the elements of the project description below with clear, but detailed answers. Add space to each answer as necessary but stay within the suggested limits. Refer to the Grant Application Guide for specific assistance on each question.

1. Site Description (1-2 paragraphs).

Esplanade Park is a 0.53-acre waterfront park located in Capitola Village along the Monterey Bay shoreline. The park functions as a civic centerpiece, offering open lawn areas, benches, a bandstand for concerts and community gatherings, and shorelineadjacent walkways that connect directly to Capitola Beach. It is a primary public access point to the coast, supporting both daily recreation and larger community events such as festivals and cleanups. The park’s location at the interface of urban Capitola and the Monterey Bay makes it highly valued for both its recreational and coastal access functions.

The site is directly exposed to coastal hazards, including wave overtopping, tidal flooding, and storm surge. During the January 2023 atmospheric river events, the park sustained major flooding and deposition of woody debris, highlighting its vulnerability to sea level rise. Habitat within the project area is limited due to the park’s developed condition; however, its shoreline position provides opportunities for integrating naturebased shoreline enhancements. Adjacent land uses include commercial businesses, restaurants, and shops in Capitola Village, as well as public parking areas that provide regional access to the beach. These adjacent uses intensify demand for the park while also constraining adaptation options, making a proactive planning process critical.

2. Project Need (one paragraph). Describe the specific problem, issue, or unserved need the project will address.

Esplanade Park is increasingly threatened by sea level rise, tidal flooding, and storm surge, with severe damage documented during the January 2023 storms. Existing drainage and shoreline protection are inadequate, leaving the park’s lawns, walkways, and infrastructure highly vulnerable to future flooding events. As Capitola’s primary waterfront gathering space and access point to Monterey Bay, the park’s continued exposure to these hazards places public access, community events, and local economic activity at risk. Without proactive planning, the park will face escalating damage and diminished usability, underscoring the need for a comprehensive adaptation strategy.

The planning process will also evaluate the feasibility of retreat and identify triggers at which the City would initiate relocation of facilities.

3. Project Activities (1-3 paragraphs). Describe specifically how the proposed project will address the project need identified in #2 above.

To address Esplanade Park’s vulnerability to sea level rise and recurring flooding, the project will complete technical studies that quantify site-specific risks, including sea level rise modeling, drainage and stormwater analysis, and coastal hazard assessments. 438
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4 These studies will provide the foundation for identifying feasible adaptation strategies that can reduce flooding impacts and protect public access.

Using this technical information, the project will develop and compare multiple conceptlevel alternatives for improving resilience at Esplanade Park, including nature-based strategies such as dune enhancement, vegetated berms, and shoreline planting; hybrid approaches that combine engineered features with natural systems; structural interventions such as infrastructure elevation or shoreline armoring; and a retreat framework. One preferred concept will be refined to a preliminary design level with cost estimates, ensuring the City has a clear pathway toward implementation. Throughout this process, the City will conduct workshops, surveys, and tribal outreach to incorporate community and cultural perspectives into the designs. The project will also coordinate with regulatory agencies to map out future permitting and environmental review steps, positioning the City to move efficiently into implementation.

4. Project Outcomes. To the extent known, provide information on both the quantitative and qualitative project outcomes. See application guide for sample project outcomes.

Quantitative Outcomes (e.g. Acres of habitat restored; Miles of trail planned or built; Number of each type of access amenities; Number of community members engaged in project, etc.)
• Development of 3–4 conceptual design alternatives.
• Selection of 1 preferred adaptation and access plan at a preliminary design level. • Completion of technical studies, including sea level rise modeling, drainage analysis, and coastal hazard assessments.
• 3 community workshops and 2 surveys conducted.
• Engagement of at least 200 community members through workshops, surveys, and public events.
• Preparation of a regulatory and CEQA pathway report.

Qualitative Outcomes (e.g. Habitat functions restored; Integration of community input into project/design plan; Tribal access to land restored, etc.) • Clearer understanding of site-specific vulnerabilities and feasible adaptation pathways.
• Integration of community and tribal input into the design process. • Identification of retreat triggers to guide long-term decision-making. • Strengthened readiness for future implementation and funding by aligning with regulatory requirements.
• Advancement of equitable and climate-resilient coastal access in Capitola. 439
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5 PROJECT SELECTION CRITERIA
The Grant Application Guide contains the complete list of our project eligibility and project selection criteria. This application only includes those criteria for which we need specific input from you. The other criteria will be assessed based the project description. Refer to the Grant Application Guide for specific assistance on each question.

Project Eligibility

5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Compliance – IMPLEMENTATION Projects Only:
o Specify the current status of CEQA review:
☒ Not Started ☐ In Progress ☐ Complete
Estimated completion date:
o What document is the CEQA review expected to result in:
☒ EXEMPTION
☐ NEGATIVE DECLARATION (ND)
☐ MITIGATED NEGATIVE DECLARATION (MND)
☐ ENVIRONMENTAL REVIEW DOCUMENT (EIR)
☐ ADDENDUM
o If an ND, MND, or EIR is required, specify the CEQA LEAD AGENCY:
o If an ND, MND, or EIR has already been completed, provide a link to the document:

6. Grantee capacity (1 paragraph) – Summarize your organization’s experience administering grant funds and carrying out similar types of projects.

The City of Capitola has experience managing state-funded coastal adaptation projects similar in scope of the proposed Esplanade Park plan. With support from the State Coastal Conservancy, the City completed the Wharf Resiliency Project, a major construction effort that was developed through technical studies, design, permitting, and community engagement. The City is also currently implementing a California Coastal Commission grant for Cliff Drive planning, which addresses bluff erosion, sea level rise, and long-term coastal hazards. These projects demonstrate the City’s ability to manage grants, coordinate with regulatory agencies, and deliver complex coastal resilience planning and implementation efforts.

7. Site ownership or control – Check the applicable box. For ACQUISITION projects, the “written agreement” refers to a Purchase and Sale Agreement. ☒ Applicant owns the site(s) where the project will occur. 440
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6 ☐ Applicant has a written agreement with the property owner(s) to conduct the project on their property(ies). If checked, please provide a copy as an attachment to your application.
☐ Applicant does not yet have a written agreement with the property owner(s) to conduct the project on their property. If this answer is checked, specify how and when the property owner agreement will be reached.

8. Long-term management and maintenance (1 paragraph) – Summarize the plan for the long-term management, maintenance, and monitoring of the project.

The City of Capitola will be responsible for the long-term management and maintenance of Esplanade Park. Recommendations from the adaptation plan will be incorporated into the City’s Capital Improvement Program to guide phased investments, while routine park upkeep will continue to be funded through the City’s municipal budget. As specific adaptation measures are advanced, the City will pursue supplemental state and federal grants to support implementation and long-term maintenance.

Project Selection (refer to the Application Guide for more information)

9. Project includes a serious effort to engage tribes. (1-2 paragraphs). Describe how you have engaged tribes in the development of this project.

The City of Capitola has experience engaging tribes through prior coastal adaptation work, including the Cliff Drive Resiliency Project, and will build on that approach for Esplanade Park. Local tribal representatives, including the Amah Mutsun Tribal Band and the Ohlone/Costanoan Esselen Nation, will be contacted early in the planning process with letters and follow-up conversations, and invited to participate in public workshops and targeted discussions.

Engagement will focus on incorporating tribal leadership and perspectives into conceptual design, with attention to cultural resource protection, shoreline stewardship, and opportunities for cultural interpretation and land acknowledgement within the park.

10. Project benefits will be sustainable or resilient over the project lifespan (1-2 paragraphs).

Describe how the benefits of your project will be sustainable or resilient over the project lifespan. If you already addressed this in other parts of the application, please indicate where.

The project will provide lasting benefits by proactively addressing sea level rise, storm surge, and tidal flooding risks. Technical studies and design alternatives will align with the 2018 Ocean Protection Council State Sea-Level Rise Guidance and the 2020 OPC Principles for Aligned State Action, ensuring strategies are consistent with statewide requirements for sea level rise adaptation. By including both near-term improvements and a retreat framework with clear triggers, the plan will remain adaptable as conditions change.

The planning process is structured so that recommended strategies will not limit future adaptation. By evaluating nature-based, hybrid, structural, and retreat options, the plan will identify flexible pathways that can evolve with community needs and climate conditions. 441
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7 This positions the City to secure future implementation funding and regulatory approvals, while ensuring that Esplanade Park continues to provide safe, resilient coastal access over its lifespan.

11. Project delivers multiple benefits and significant positive impact. (1-2 paragraphs). List the specific project benefits and describe any additional significant positive impact. If you already addressed this in other parts of the application (for example, project outcomes), please indicate where. You do not need to repeat the information if it is already provided elsewhere.

The project will provide multiple community and environmental benefits. It will strengthen resilience by identifying strategies to protect a heavily used waterfront park from flooding and sea level rise, preserving its role as a key public space and gathering hub. The plan will also improve coastal access by evaluating ADA-compliant upgrades and shoreline connections, ensuring residents and visitors can continue to enjoy Monterey Bay.

Environmental benefits will be explored through nature-based shoreline elements that enhance ecological functions while reducing flood risks.

In addition to physical improvements, the planning process will build community preparedness for climate change by engaging a wide cross-section of residents, businesses, and visitors. Equity will be advanced by ensuring diverse voices are included in workshops and surveys, particularly those of systemically excluded communities and local tribes.

Collectively, these benefits will support public health, coastal access, and community resilience while advancing the City’s climate adaptation goals.

12. Project was (or will be) planned with meaningful community engagement and broad community support (1-3 paragraphs). If the communities served by your projects are tribal groups, please write your answer in question 9. If you are serving other groups, please answer this question. Please summarize how you have (or will) engage relevant communities in all phases of the project and describe the community support for the project.

The project will include a robust and inclusive community engagement process. Three public workshops will be held at key milestones, supplemented by pop-up outreach at park events and an online bilingual survey to reach Spanish-speaking residents and those unable to attend meetings.

The City will coordinate with residents, business owners, community groups, and park visitors to ensure diverse perspectives are represented. Project updates and materials will be available on the City’s website, and milestones will be reviewed by the City Council and Planning Commission to ensure transparent, community-driven decision-making.

This approach builds on strong community interest following the January 2023 storm damage and is designed to build trust, incorporate local priorities, and ensure broad support for the park’s long-term adaptation strategies. 442
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8 Conservation Corps Partnership

13. Conservation Corps Partnership (1 paragraph). Describe any pre-award consultation and proposed project partnership with the California Conservation Corps or local Conservation Corps. Attach the Corps response to your consultation to your application. For consultations with the California Conservation Corps, include the “Corps Consultation Review Document” as an attachment. For consultations with local Corps, include correspondence or another form of documentation indicating that a consultation was conducted. If your project partners with a Corps, clearly identify the selected Corps, outline what project tasks the Corps will conduct, include a line for the Corps in the budget, and describe the plan to re-engage the selected Corps if awarded the grants.

Because this is a planning project, no Conservation Corps partnership is proposed.

PHOTOS AND RECORDS SUBMITTED WITH APPLICATION
Please specify whether you are submitting any photos, maps, or other materials with this application by checking the box below:

☒ I AM SUBMITTING PHOTOS, MAPS OR OTHER MATERIALS WITH THIS APPLICATION ☐ I AM NOT SUBMITTING PHOTOS, MAPS, OR OTHER MATERIALS WITH THIS APPLICATION If you are submitting photos, maps, or other materials with this application, please confirm the following statement:
☒ I HEREBY CONFIRM THAT I OWN THE COPYRIGHT, TRADEMARK, OR HAVE SOME OTHER OWNERSHIP

RIGHTS IN THE MATERIALS OR OTHERWISE HAVE PERMISSION TO USE AND HAVE AUTHORITY TO GRANT THE

CONSERVANCY PERMISSION TO USE SUCH MATERIALS, AND I HEREBY GRANT TO THE CONSERVANCY THE UNLIMITED RIGHT TO USE SUCH MATERIALS FOR NON-COMMERCIAL PURPOSES. 443
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9 TASKS AND SCHEDULE
Fill in the appropriate task and schedule table for your project type. Look at the Grant Application Guide for example tasks and deliverables by different project types (e.g. acquisition, planning, and implementation). If you are not doing one of the tasks in the table, insert “N/A”. You may add tasks as needed and delete tables for the project categories that are not relevant for your project.

Project Tasks Description Deliverables (Documents
and Files)
Start Date –
End Date
1 Project
Management
&
Administration
Grant management, project
coordination, reporting
Progress reports,
invoices, contract
oversight
Feb 2026 –
Apr 2027
2 Community
Engagement
3 public workshops, online
survey, pop-up events,
outreach summaries
Workshop notes and
presentations,
survey results,
outreach summary
Mar 2026 –
Mar 2027
3 Technical
Studies
Sea level rise modeling,
drainage and stormwater
analysis, coastal hazards
report
Technical study
reports
Mar 2026 –
Jun 2026
4 Concept
Alternatives
Development of 3–4
conceptual alternatives at
~10–15% design level
based on technical studies
and community input
Draft and final
alternatives package
Jun 2026 –
Sep 2026
5 Preferred
Alternative &
Retreat
Framework
Selection and refinement
of preferred concept,
including retreat triggers
and cost estimates
Preferred design
report with retreat
adaptation
framework
Sep 2026 –
Dec 2026
6 Regulatory
Pathway
Analysis
Coordination with
regulatory agencies;
identification of permitting
and CEQA needs
Regulatory and CEQA
pathway report
Dec 2026 –
Apr 2027
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10 Permits
PLANNING and IMPLEMENTATION projects only. Check the permits needed to undertake the project. Refer to the Grant Application Guide to access informational links on each permit and how to obtain them for your project.

Name of permit
Secured Pending
Included in
Scope of
Application
☐ Coastal or Shoreline Development Permit ☐ ☐ ☒
☐ Local Grading, Vegetation, or Other permit ☐ ☐ ☐
☐ CDFW Lake/Streambed Alteration Permit (1600) ☐ ☐ ☐
☐ CDFW California Endangered Species Act Take
Authorization ☐ ☐ ☐
☐ Regional Water Quality Control Board
Certification (401) ☐ ☐ ☐
☐ U.S. Army Corps 404 or 408 Permit ☐ ☐ ☐
☐ U.S. Fish and Wildlife Service Biological Opinion ☐ ☐ ☐ ☐ National Marine Fisheries Service Biological
Opinion ☐ ☐ ☐
☐ Other – Please specify
☐ ☐ ☐
445
Item 8 C.
11 PROJECT COST ESTIMATE
Fill in the Project Cost Estimate table below. The tasks in the Project Cost Estimate table should match the tasks in the Task and Schedule table above. Refer to the Grant Application Guide for examples and specific assistance on each project type and the associated Budget Justification.

Please round all budget numbers up to the nearest $100.

Estimated Project Cost:

Project Tasks Conservancy
Grant Other Funding Total
1 Project Management & Administration $40,000 $20,000 $60,000 2 Community Engagement $55,000 $10,000 $65,000
3 Technical Studies $70,000 $5,000 $75,000
4 Concept Alternatives $45,000 $5,000 $50,000
5 Preferred Alternative & Retreat Framework $40,000 $5,000 $45,000 6 Regulatory Pathway Analysis $25,000 $5,000 $30,000
Indirect Costs $0 $0 $0
TOTAL $275,000 $50,000 $325,000
Other Funding
For the Other Funding included in the Project Cost Estimate above, please list the source, the amount, and status (secured, pending, applied for) for each of the other funding sources.  City of Capitola (in-kind staff time) — $50,000 — Secured Budget Justification
Provide an explanation of the costs for each of the project tasks that will be charged to the Conservancy grant. See Grant Application Guide for assistance.

Requested SCC funds will support consultant services for technical studies, development of conceptual design alternatives, a retreat framework, community engagement facilitation, and preparation of a regulatory pathway analysis. City staff time ($50,000 in-kind) will provide grant administration and project oversight. Cost estimates are based on comparable consultant contracts recently managed by the City (e.g., Cliff Drive Resiliency Project, Wharf Resiliency Project) and internal staff experience with similar planning scopes.

1. Project Management & Administration ($40,000 SCC / $20,000 City in-kind) Consultant project manager and City staff time for grant reporting, invoicing, scheduling, and coordination with SCC. Estimate includes ~200 consultant hours at $150/hr 446
Item 8 C.
12 ($30,000) plus $10,000 for contingency and administrative support. City staff in-kind contribution ($20,000) will cover direct oversight, financial tracking, and internal coordination.

2. Community Engagement ($55,000 SCC / $10,000 City in-kind) Consultant facilitation of three public workshops, one online survey, and multiple popup engagements; preparation of bilingual outreach materials; translation services; and workshop documentation. Estimate based on ~300 consultant hours at $150/hr plus $10,000 for translation, materials, and meeting logistics.

3. Technical Studies ($70,000 SCC / $5,000 City in-kind) o Sea Level Rise Modeling: $25,000
o Drainage and Stormwater Analysis: $20,000
o Coastal Hazards Assessment (erosion, overtopping, storm surge): $25,000 Estimates based on consultant proposals for comparable resilience projects.

4. Concept Alternatives ($45,000 SCC / $5,000 City in-kind) Development of three to four conceptual adaptation alternatives at ~10–15% design level, incorporating findings from technical studies and community input. Deliverables include conceptual layouts and cost ranges. Estimate based on ~300 consultant hours plus graphic design support.

5. Preferred Alternative & Retreat Framework ($40,000 SCC / $5,000 City in-kind) Refinement of one preferred adaptation alternative to ~30% design, development of cost estimates, and preparation of a retreat framework identifying triggers for phased relocation of park infrastructure. Estimate based on ~250 consultant hours at $160/hr.

6. Regulatory Pathway Analysis ($25,000 SCC / $5,000 City in-kind) Coordination with California Coastal Commission, Regional Water Quality Control Board, and U.S. Army Corps staff to outline required approvals. Deliverable includes a permitting and CEQA pathway report. Estimate based on ~150 consultant hours at $150/hr.
447
Item 8 C.
13 PROJECT MAPS AND DESIGN PLANS
Project Location Map
Include a map that clearly shows the project location(s) within the context of the surrounding area. Be sure map shows nearest road access to site. If site can only be accessed via water, show the location of the nearest water access launch point.

Concept Level Site Plan
For IMPLEMENTATION and PLANNING projects where conceptual design work has been completed, you should include a conceptual level site plan showing the key project components. For IMPLEMENTATION projects, more detailed design documents can also be provided as an attachment.

Site Photos
Provide one or more clear photos of the project site that clearly show the character of the site.

If you are proposing an acquisition project in one of the 9 San Francisco Bay Area Counties, please include a Conservation Portfolio Report for your project area using the CLN Explorer Reporting Tool (Explorer 2.0) supported by TOGETHER Bay Area*. Click on “Create a Report” within the CLN Explorer Reporting Tool to log in and prepare the report. Please include the Compensation Portfolio Report as an attachment to your application. This report will help staff to evaluate the acquisition project and its potential alignment with the goals and objectives of the State Coastal Conservancy’s 2023-2027 Strategic Plan. *TOGETHER Bay Area’s Conservation Lands Network (CLN) is an organizing tool for regional coordination, including a set of geography-specific habitat goals for biodiversity conservation, and a set of maps and tools that can be used to inform an acquisition project’s alignment with regional biodiversity and habitat goals and conservation plans.

NON-PROFIT APPLICANT REQUIREMENTS
Non-profit applicants should include the following with the applications:

1. Letter of Determination from the Internal Revenue Service indicating current 501(c)(3) status.

2. Completed Nonprofit Organization Pre-Award Questionnaire. 448
Item 8 C.
14 GRANT APPLICATION SURVEY
The Conservancy seeks to continuously improve our grant application process. Please take some time after completing this grant application to provide feedback on your experience as an applicant. The survey link can be accessed here. Your response will be anonymous, and we will greatly appreciate your constructive criticism.
449
Item 8 C.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: City Manager Department
Subject: Landscape Design and Planting Plan for the Park at Rispin Mansion Recommended Action: Receive report.

Background: The City of Capitola initiated plans for a park at the Rispin Mansion site in 2014. At the time, significant community outreach and collaboration helped form the project, which included an extensive landscape design and planting plan developed by Michael Arnone and Associates. In its current iteration, the Park at Rispin Mansion Project (Park) is a multi-year effort to create a new public park and event space on the historic Rispin Mansion property, providing community gathering areas, open space, and access to the Soquel Creek corridor. The project includes an amphitheater, walking loop, fountain plaza, sundial installation, and multiple undeveloped landscaped areas, with design elements intended to reflect the site’s historic character.

On July 28, 2022, the City Council approved the plans, specifications, and construction budget of the Project. On February 3, 2023, staff published an advertisement inviting construction bids for the Project.

A public bid opening was held on February 22, 2023; however, no construction bids were received. In response, staff reached out to potential bidders, who indicated they did not bid because the City’s budget was insufficient for the scope of work. In compliance with provisions outlined in the public contract code, staff worked with a local contractor, Betz Works, to develop a feasible scope of work within the approved budget.

On March 28, 2024, Council approved a professional services agreement with Betz Works to complete the amended scope of work in the amount of $949,000. Park construction began in spring 2024. The extensive planting plan was removed from the full project, with the intention that further landscape improvements could be funded and completed later. The current project includes City-installed landscaping, adjacent to the grand staircase and to the wall fronting Wharf Road. Un-landscaped areas will be finished with topsoil and stubbed-out water service to support future planting and irrigation.

During the August 28, 2025, City Council meeting, staff provided an update on the Park at Rispin Mansion project and asked for Council direction regarding a landscaping approach. Council directed staff to seek a volunteer community partner for the installation and maintenance of landscaping at the Park. The selected partner could offer labor and financial support for improved landscaping at the new park.

Discussion: Prior to seeking a partner organization to carry out the garden’s installation and maintenance, staff intends to present City Council with a landscape design for the Park, to help ensure the landscaping meets community and Council expectations.

The landscape design must be attainable for current Public Works staff to maintain to facilitate consistency and longevity at the Park. This ensures that, if the City’s partner no longer wishes to maintain the City’s landscaping, City staff can take on the work and preserve the Park’s integrity. To that end, staff intends to retain Michael Arnone and Associates to modify the original landscape design and prepare a new Park at Rispin Mansion planting plan (new plan). This way, the new plan will honor and include the community input that was incorporated in the 2015 plan-set, while being realistic for future maintenance.

Staff intends to execute a professional services agreement with Michael Arnone and Associates in an amount between five and ten thousand dollars. The agreement will include modification of the original landscape design and planting plan, a community meeting to discuss the new plan, and presentation of the new plan to Council for approval. Once approved by Council, the new plan will be included in the selection process for a volunteer community partnership. 450
Item 8 D.

Staff intends to return to City Council with a draft request for proposals (RFP) and the proposed new landscape plan for approval in early 2026. Once approved by the Council, staff will publish the RFP seeking a community partner(s) for planting and maintenance. The RFP will include language clarifying that responsible community organizations may apply to complete portions of the requested work; allowing the City to partner with multiple organizations, if needed.

Upon approval of the RFP, staff recommends Council appoint an ad-hoc committee (made up of two Council Members) to work with staff to review proposals and recommend which community partner to select. Staff would prepare a Memorandum of Understanding for Council approval once a partner is identified through the RFP selection process.

On August 28, 2025, Council also discussed interest in a paver fundraising project for certain areas of hardscaping in the Park. Staff has done preliminary research and will return to Council with a proposal for the paver stone fundraising project this Winter.

Earlier this summer, staff submitted a grant request to fund a public art project at the reflecting pool at the Park at Rispin Mansion. Staff anticipates receiving the results of that grant application this December.

In addition, next month, the Capitola Art and Cultural Commission will discuss developing an art project at the reflecting pool. That reflecting pool is temporarily filled to protect the public from a fall hazard.

Fiscal Impact: Staff intends to execute a professional services agreement with Michael Arnone and Associates in an amount between $5,000 and $10,000, which will include a new landscape design and planting plan and an in-person community meeting to solicit public input. Staff is proposing to use existing funding within the City-wide parks budget, and will monitor expenses throughout the year and propose a budget amendment at the mid-year review, if necessary.

Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Jessica Kahn, Public Works Director; Julia Gautho, City Clerk Approved By: Jamie Goldstein, City Manager
451
Item 8 D.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: Public Works Department
Subject: Bay Avenue and Hill Street Traffic Safety Update Recommended Action: Receive an update on the Bay Avenue and Hill Street intersection and provide direction regarding next steps.

Background: At the February 13, 2025, Council meeting, staff presented information on the performance of the Bay Avenue and Hill Street intersection following completion of the quick-build safety project in summer 2024. At that meeting, Council directed staff not to make additional changes at the intersection while conditions were monitored.

The Quick-Build Project was originally developed in response to long-standing concerns at the Bay/Hill intersection, which had been studied by Kimley-Horn and discussed by the City Council on multiple occasions prior to implementation. The project introduced lane reductions, high-visibility striping, and illuminated signage to improve pedestrian and bicycle safety.

Since February, traffic congestion has continued to occur at the intersection. These delays are further compounded by regional construction projects and roadway closures in the County that affect travel patterns.

Discussion: Staff has prepared options for Council consideration:

1. No changes. The intersection remains in its current configuration until the Bay Avenue Corridor project is developed and constructed.

2. Restore prior configuration only. Restore the intersection to its prior lane configuration while retaining and enhancing safety features. Under this approach, pedestrian crossing distances would be longer and there would be more turning movements, but high-visibility pedestrian striping and illuminated signage would remain in place.

3. Restoration and New Crossing at Center Street. This option would restore the prior lane configuration while adding a new enhanced pedestrian crossing at Center Street. The crossing would consist of a raised crosswalk with rectangular rapid flashing beacons (RRFBs) and a refuge median on the north side of the intersection. The design would remove the free right turn onto Center Street, while preserving left turns in and out of the intersection. Bulb-outs would be constructed to reduce pedestrian crossing distances, and striping would be updated to reflect the new configuration. Staff is also evaluating the option of enhanced lighting at this location, though additional costs are to be determined.

Options 2/3 would be intended to be short-term projects that addresses congestion at the intersection while maintaining a portion of the pedestrian and bicycle safety improvements. They are not intended as a substitute for the comprehensive Bay Avenue Corridor project.

As part of that larger corridor project, staff has begun outreach with property owners. Discussions confirm that property owners share concerns with the current intersection configuration, and that there is overall support for moving forward with the development of long-term corridor improvements, which staff will bring back to Council for consideration at a future date.

Fiscal Impact: Costs for the proposed options vary:
 Option 1 (no changes): No cost
 Option 2 (restore prior configuration): Approximately $50,000–$70,000 452
Item 9 A.
 Option 3 (alternate plan): Approximately $150,000-$200,000 Staff proposes to fund modifications by reducing the scope of the upcoming 41st Avenue Pavement Project to work only within the Caltrans right-of-way, which extends from Gross Road north to the City limits. When that project returns to Council for approval, staff will provide additional detail on the revised scope and available funding.

Attachments:

1. Restoration of Intersection Configuration and New Crossing at Center Street

2. Public Comment Received Before Publication of Agenda Packet Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
453
Item 9 A.

CITY OF CAPITOLA CONCEPT LAYOUT FOR PLANNING PURPOSES. NOT FOR CONSTRUCTION BAY AVE & HILL ST IMPROVEMENTS 097763143 SEPTEMBER 2025 Keep existing crosswalks (typ.) Keep existing quick-buildimplementations on Hill St
(typ.)
Add bike lane striping
Add through/right-turn lane
Realign bike lanes and add green bike striping
Add receiving lane
NORTH
Add receiving lane
Bay Ave
Hill St Crossroads Center Dairy Queen Peet's Coffee Add through/right-turn lane Nob Hill Foods Keep existing quick-build implementations at Shopping Center Add light pole Realign bike lanes and add green bike striping Existing light pole 454
Item 9 A.

CITY OF CAPITOLA CONCEPT LAYOUT FOR PLANNING PURPOSES. NOT FOR CONSTRUCTION BAY AVE & CENTER ST PEDESTRIAN CROSSING 097763143 SEPTEMBER 2025 Add bulbout Remove existing raised median Add bulbout ADA ramps (typ.) Install new bike lane striping New bike lane striping Install raised median Install new bike lane striping NORT+ Traffic Flow Center St
Bay Ave
Bay Avenue Senior Apartments Install raised crosswalk Drainage inlet Install RRFB (typ.) Add light pole Existing light pole 455
Item 9 A.

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Item 9 A.

Bay Avenue and Hill
Street Traffic Safety
Update
City Council
September 25, 2025
457
Item 9 A.
• Intersection identified for improvement since mid-2000s Long Standing Concerns
• Nov 2023: Community meeting
• Dec 2023: Council directed staff to pursue near-term safety improvements and further study
• Council Ad-Hoc formed to collaborate on short-term safety project, and additional outreach
2023 – Project Identification
• Feb 27, 2024: Options presented; Council selected Option 2 • July 2024: “Quick-Build” project installed
2024 – Project Development
Background – Pre Quick-Build Long-Term Development Process Bay Avenue and Hill Street
458
Item 9 A.

Bay
Ave Hill St Crossroads Loop
Bay/Hill Collision Data (11/2017 – 12/2023)
Cause of Collision
Auto Right-of-Way
Improper Turn
Failure to Yield
Unsafe Speed
Other Nob Hill Plaza Dwy Nob Hill Plaza Dwy
Fatal Ped
Collision
(11/2023)
Bay/Hill
Intersection
Collisions
Collision Background Long-Term Development Process
Bay Avenue and Hill Street
459
Item 9 A.

Nob Hill Dwy Nob Hill Dwy Nob Hill Dwy
Option 1 – Signing & Striping Option 2 – Road Diet Option 3 – Median Bay
Ave Hill St
Bay
Ave Hill St
Bay
Ave Hill St
Quick Build Layouts Considered Long-Term Development Process Bay Avenue and Hill Street
460
Item 9 A.
5 Bay
Ave Crossroads Hill St Loop Center St
Stripe right turn only
into Nob Hill
driveway
Paint curb extension
with bollards & bike
lane
Proposed
striping ends at
Center St
Lane Transition for
Road Diet with 1
Thru Lane on Bay
Ave
Quick Build Option Approved (Option 2) Long-Term Development Process Bay Avenue and Hill Street
461
Item 9 A.

Option 2
Road Diet Criteria Existing Intersection
High
32 conflict points
Marked crossings
Curb extensions
Bike lane buffer
Low
41 conflict points Bike & Pedestrian
Safety & Visibility
Low
3-lane crossing
High
5-lane crossing
Pedestrian
Crossing Exposure
Ok
AM Peak: C
Midday: F
PM Peak: D
Good
AM Peak: C
Midday: C
PM Peak: C
Intersection
Level of Service
Low Medium Impact to Vehicle
Queues
Background – Level of Service Long-Term Development Process Bay Avenue and Hill Street
462
Item 9 A.
463
Item 9 A.

D
• Nov 2024: Council reviewed project performance and
requested an update in early 2025
2024
• Feb 27, 2025: Council reviewed project performance
again and directed staff not to make changes while
conditions were monitored
• Aug 2025: Item placed back on agenda at Council’s
request
2025
Background – Post Quick-Build Long-Term Development Process Bay Avenue and Hill Street
464
Item 9 A.
• Feb 27, 2025
• Council selected Alternative 2 – Roundabout Control
• Authorized staff to proceed and
pursue grant funding
• Property owner outreach
• Concerns shared about current
conditions
• Support for moving forward with
long-term improvements
• Update scheduled for an upcoming
Council meeting
Long-term improvements from Highway 1 to Monterey
Avenue
Bay Avenue Corridor Study Long-Term Development Process Bay Avenue and Hill Street
465
Item 9 A.
• Congestion and delays continue at intersection
• Impacts compounded by:
• Regional construction projects
• Roadway closures in County affecting travel patterns
Current Conditions Long-Term Development Process
Bay Avenue and Hill Street
466
Item 9 A.
• Option 1 – No Changes
• Option 2 – Restore Prior Configuration
• Option 3 – Restoration + New Crossing
Background – Options for Consideration Long-Term Development Process Bay Avenue and Hill Street
467
Item 9 A.

Option 2 - Restore Prior Configuration Long-Term Development Process Bay Avenue and Hill Street
468
Item 9 A.

Existing light pole
Kim ley>>> Horn 097763143 SEPTEMBER 2025

GRAPHIC SCALE IN FEET
0 ~
10 20 40 CONCEPT LAYOUT FOR
PLANNING PURPOSES.

NOT FOR CONSTRUCTION
Keep existing quick-build
implementations on Hill St
(typ.)
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Add bike lane striping
Keep existing quick-build
implementations at
Shopping Center
Nob Hill Foods

BAY AVE & HILL ST IMPROVEMD

CITY OF CAPITOLA
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Item 9 A. I ( Dairy Queen
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Option 3 – Restoration + New Crossing Long-Term Development Process Bay Avenue and Hill Street
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Item 9 A.

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097763143 SEPTEMBER 2025

CONCEPT LAYOUT FOR
PLANNING PURPOSES.

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CITY OF CAPITOLA
Option Estimated Cost
Option 1 – No Changes $0
~$50,000 – $70,000 Option 2 – Restore Prior
Configuration
~$150,000 – $200,000 Option 3 – Restoration + New
Crossing
• Modifications could be funded by adjusting the scope of the 41st Avenue Pavement Rehabilitation and Multimodal Improvements Project
• Improvements in Caltrans ROW only
• Defer improvements from Clares Street to Gross Road
• Revised scope and funding details would return to Council for project approval
Long-Term Development Process Fiscal Impact
Bay Avenue and Hill Street
471
Item 9 A.

Long-Term Development Process Funds from 41st Multi-modal Project Bay Avenue and Hill Street
472
Item 9 A.

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Receive an update on the Bay Avenue and Hill
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Option Description Estimated Cost
$0 Maintain current Quick-Build
configuration
Option 1 – No
Changes
~$50,000–$70,000 Restore lanes while retaining and
enhancing safety features
Option 2 – Restore
Prior Configuration
~$150,000–
$200,000
Restore lanes; add raised
crosswalk, RRFBs, median, and
bulb-outs at Center Street;
remove free right turn
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Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: City Manager
Subject: Code of Conduct Complaint
Recommended Action: Determine whether the complaint filed by Kevin Maquire against Council Member Orbach on June 12, 2025, should be added to a future agenda for further discussion and determination, or dismissed for the reasons stated in Administrative Policy I-42.

Background: On June 12, 2025, Kevin Maquire submitted a Code of Conduct complaint against Councilmember Orbach. The complaint is included as Attachment 1. On September 11th, Council Member Westman requested a public meeting regarding the Code of Conduct complaint.

The City offered to fund mediation between the two parties. Staff engaged the Conflict Resolution Center to mediate.

Discussion: City Council adopted Administrative Policy I-42 (Attachment 2) on September 10, 2020. That Policy outlines a procedure to consider complaints.

Section 8.4.3(a) of the Code of Conduct provides that, on September 25th, the City Council should “determine whether the complaint should be dismissed for the reasons stated in section (b)(i) 1 , below, or
added to a future agenda for further discussion and determination.” Should the City Council determine the complaint should be added to a future agenda, Staff requests Council identify a preferred meeting date.

Fiscal Impact: No funds have been expended to date. Staff estimates mediation costs, should any be incurred, will be less than $750.

Attachments:

1. Code of Conduct Complaint

2. Administrative Policy I-42

3. Public Comment Received Prior to Agenda Publication
Report Prepared By: Rosie Wyatt, Deputy City Clerk
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager

1 Section (b)(i) states: “Where the Council determines that no violation occurred or that only a trivial violation occurred, or that the complaint does not have merit for any other reason, the Council may dismiss the complaint.” 477
Item 9 B.
1 Wyatt, Rosie
From: Kevin Maguire <[email protected]>
Sent: Thursday, June 12, 2025 7:57 PM
To: Clarke, Joe; Gerry Jensen; Melinda Orbach; Margaux Morgan; Gautho, Julia; Goldstein, Jamie ([email protected])
Cc: City Clerk; City Council; City Attorney
Subject: Formal Complaint Against Councilmember Melinda Orbach Follow Up Flag: Follow up
Flag Status: Flagged
Formal Complaint Against Councilmember Melinda Orbach
Submitted by: Kevin Maguire
Resident of Capitola, CA
Date: 6.12.2025
Subject: Formal Complaint – Violation of Capitola City Council Code of Conduct by Councilmember Melinda Orbach
To the Mayor, City Council, City Attorney, and City Manager:

My name is Kevin Maguire, and I am a lifelong Capitola resident. My family has called this city home since 1966. My grandfather (Adamo D'Ambrosio) , a veteran of both World Wars, was an active civic participant — attending council and planning commission meetings and contributing to responsible land use through the Young Conservationists. I proudly continue that tradition through ongoing civic engagement and advocacy for transparency and respect in public service.

I am submitting this formal complaint regarding the conduct of Councilmember Melinda Orbach during the April 17, 2025, City Council meeting. During that meeting, Councilmember Orbach used her position on the dais to publicly accuse me — by name — of harassment and threatening behavior. These accusations were made without any prior communication with me, without evidence, and without any due process. They were broadcast to the community, recorded in the city’s official meeting archive, and made in the context of a public meeting, where power dynamics are not equal.

This is not the first instance where Councilmember Orbach has misused the dais — repeatedly using public time and her platform to respond to personal criticism and online commentary, rather than focusing on city business or respectful civic discourse.

Violations of the Code of Conduct
Councilmember Orbach’s comments directly violated key provisions of the Capitola City Council Code of Conduct, including:
478
Item 9 B.
2  Section 5.4 – Council Conduct with the Public
“Councilmembers shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of members of the public.”  Section 6.1.2 – Avoiding Impropriety and the Appearance of Impropriety “Members should not engage in behavior that could be perceived as retaliatory, dismissive, or personally biased.”
Councilmembers are also expected to be courteous and responsive to public communications. To that end, I recently submitted a Public Records Act (PRA) request to audit Councilmember Orbach’s constituent communication activity over the past six months, seeking to understand her patterns of responsiveness and public engagement.

Attempts at Resolution
Since the April 17 meeting, I have made multiple efforts to resolve this matter respectfully, including:
 Direct emails to Councilmember Orbach, with CC Mayor Clarke and Cheif Ryan.  Conversations with Mayor Clarke and Chief Ryan
 A public invitation for dialogue and reconciliation
None of these efforts have received a response from Councilmember Orbach. That silence speaks volumes — and contradicts the expectation that public officials remain accessible, accountable, and civil.

As a result of Councilmember Orbach’s public accusations, I have experienced ongoing harassment, felt discouraged from participating in public discourse, and suffered emotional impacts — including anxiety, embarrassment, disrupted sleep, and a hesitancy to engage in civic spaces where I’ve long felt purpose and belonging.

Requested Council Actions
In accordance with the City’s Code of Conduct and in the interest of restoring public trust, I respectfully request the Council consider the following:

1. A formal Resolution of Censure for Councilmember Orbach.

2. Consideration of removing Councilmember Orbach from committee assignments or ceremonial roles until accountability is demonstrated.

3. A recommendation that she undergo ethics, civility, or conflict-resolution training.

4. Formal discussion on how Council plans to uphold the Code of Conduct in future cases of alleged misuse of the dais.
479
Item 9 B.
3 Preserving Additional Options
While I remain hopeful that the Council will act appropriately and that Councilmember Orbach will offer a public apology, I must also state clearly:

If this issue remains unaddressed, I reserve the right to explore additional remedies, including filing formal administrative complaints and/or seeking legal guidance regarding defamation or related harm.

I do not raise this lightly. My goal is not escalation — it is integrity, accountability, and a healthier civic environment for everyone in Capitola.

As previously stated, I have sent three kind, respectful, gentle emails extending an olive branch to try to resolve this with no response by Councilmember Orbach. That is not how you restore public trust or serve the public.

Closing
I believe in this city, and in the ability of its leaders to model the values they ask of others: civility, transparency, and respect. This moment is an opportunity to reaffirm those values — and to demonstrate that no one, regardless of title, is above the standards we have agreed to uphold.

There has also been comments from councilmembers to review the Code of Conduct, and hold our councilmembers accountable. Now is the time to put that into action.

Thank you for your time and your consideration of this complaint.

Sincerely,
Kevin Maguire
[email protected]
Capitola Resident
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ADMINISTRATIVE POLICY
Number: I-42
Issued: September 10, 2020
Jurisdiction: City Council

CITY COUNCIL AND COMMISSIONER

CODE OF CONDUCT
Table of Contents

1.0 Preamble .............................................................................................................................. 1

2.0 Core Values.......................................................................................................................... 1

3.0 Setting a Higher Standard within the Existing Framework ................................................. 2

4.0 Transparency in decision making. ....................................................................................... 2

4.1 Public Meetings................................................................................................................ 2

4.2 Council Communications & Serial Meetings................................................................... 2

4.3 Closed Session Discussions. ............................................................................................ 3

4.4 Closed Session Materials. ................................................................................................ 3

5.0 Fairness of Process............................................................................................................... 3

5.1 Decisions on the Merits.................................................................................................... 3

5.2 Disclose Information........................................................................................................ 3

5.3 Consider All Sides............................................................................................................ 4

5.4 Decorum........................................................................................................................... 4

5.5 Attentiveness. ................................................................................................................... 4

6.0 Ethical Decision Making...................................................................................................... 4

6.1 Avoiding the Appearance of Impropriety. ....................................................................... 4

6.2 Ethical Principles to Follow. ............................................................................................ 5

6.2.1 Avoid Personal Interests. .......................................................................................... 5

6.2.2 No Personal Gain. ..................................................................................................... 5

6.2.3 City Stationery. ......................................................................................................... 5

6.2.4 Appearing before Council......................................................................................... 5

6.2.5 Gifts........................................................................................................................... 5

7.0 Efficiency and Accountability ............................................................................................. 5

7.1 Members Should Not Interfere with Operations. ............................................................. 6 481
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7.2 Interaction of Members. ................................................................................................... 7

7.2.1 Positions of Mayor and Chairperson......................................................................... 7

7.2.2 At Public Meetings ................................................................................................... 7

7.2.3 Relations with Fellow Members............................................................................... 8

7.2.4 Public Communication and Appearance................................................................... 8

8.0 Enforcement......................................................................................................................... 9

8.1 Member Responsibility. ................................................................................................... 9

8.2 Council Authority............................................................................................................. 9

8.2.1 Training and Education............................................................................................. 9

8.2.2 Councilmembers. ...................................................................................................... 9

8.3 Violation of Oath of Office. ........................................................................................... 10

8.3.1 Oath of Office. ........................................................................................................ 10

8.4 Violation of Protocols. ................................................................................................... 10

8.4.1 Complaint................................................................................................................ 10

8.4.2 Investigation............................................................................................................ 10

8.4.3 Enforcement............................................................................................................ 10 APPENDIX A – LEGAL FRAMEWORK & RESOURCES....................................................... 13 APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS ................................. 15 APPENDIX C – Receipt of Code of Conduct .............................................................................. 17 482
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1.0 Preamble
The Capitola City Council declares that citizens of the City of Capitola are entitled to have fair, open, ethical, efficient and accountable local government and that City officials should continually strive to earn the public’s confidence. Toward that end, these Protocols establish higher standards of conduct for members of the City Council and members of City boards and commissions (collectively “Members”) than are currently required under the laws of the State of California.

The Members pledge to hold themselves and other Members responsible for observing the standards set forth in these Protocols, and to enforce these Protocols when necessary to preserve the integrity of City government.

2.0 Core Values
Responsibility
• I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• I will keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit
• I will avoid and discourage conduct which is divisive or harmful to the best interests of Capitola
• I make decisions based on the merits of an issue, including research and facts. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

Integrity
• I am honest with my fellow City officials, City staff, members of the community, and others.
• I promote equity and non-discrimination in public agency decision-making. • I encourage diverse public engagement in our decision-making processes and support the public’s right to know.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my actions as a City Official Respect/Value others
• I recognize the worth and dignity of individual members and appreciate their individual talents, perspectives and contributions; value in others. • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. 483
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• I help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential. • I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff.

Accountability
• I am prepared to make decisions when necessary for the public’s best interests, whether those decisions are popular or not.
• I do not make promises on behalf of the City without concurrence from the City Council at a duly noticed public meeting.
• I take responsibility for my actions, even when it is uncomfortable to do so. • I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.

3.0 Setting a Higher Standard within the Existing Framework By adopting these Protocols, the Council intends to supplement and not to supersede California’s existing legal framework applicable to local governments. Similarly, the Council intends that these Protocols will not merely restate existing legal obligations but will establish a higher standard of conduct for Members in the governance of the City.

Members are referred to Appendix “A” (Legal Framework & Resources) for pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability of the legal framework.

4.0 Transparency in decision making.

Transparency in decision making is of the utmost importance in maintaining ethical, representative local governance. Toward that end, Members will adhere to the following standards:

4.1 Public Meetings.

Members will hold public meetings in accordance with the Ralph M. Brown Act (the “Brown Act”). Members will seek guidance from the City Attorney as to the Brown Act requirements and will apply those provisions conservatively in favor of the public’s right to participate in public decisions.

4.2 Council Communications & Serial Meetings.

Members will not engage in “serial meetings” with colleagues – a discussion of City issues among a majority of Councilmembers or Commissioners either collectively (i.e. all meeting together) or in a sequence (A talks to B who talks to C). Members 484
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will not use other persons as intermediaries to accomplish a serial meeting or to circumvent the Ralph M. Brown Act.

4.3 Closed Session Discussions.

As part of a properly agendized meeting, Members may only hold sessions closed to the public, pursuant to the advice of the City Attorney, in accordance with the commonly accepted interpretation of Brown Act requirements. Discussions held in closed session are to be directly limited to the matter at hand. Such discussions, along with materials reviewed, are confidential and shall not be disclosed except as the City Attorney may advise.

4.4 Closed Session Materials.

Confidential materials provided in preparation for and during closed sessions must be returned to the City Attorney at the conclusion of the closed session.

5.0 Fairness of Process
Members will comply with the meeting and hearing procedures set forth by these protocols, the Brown Act, and Rosenberg’s Rules of Order. Additionally, in order to cultivate an environment of fairness and to encourage public confidence in City decisions, Members will adhere to the following standards of conduct:

5.1 Decisions on the Merits.

Members will base their decisions on the facts and merits of each matter, not upon personal or other biases, and will strive to make decisions that are in the best interests of the community as a whole.

5.2 Disclose Information.

Prior to any deliberations on a project or matter at a public meeting, Members shall publicly disclose information about the matter that they have obtained from sources, not presented in the staff report (e.g. their own site visit, from the public, from the applicant, etc.), which may influence their decision or that of Members.

Remain neutral on quasi-judicial hearings. A quasi-judicial hearing occurs when; a) a hearing is held to apply a rule or standard to an individual person, project or circumstance;
b) it involves the taking of evidence;
c) it results in the rendering or a written decision issued by the hearing officer or tribunal (including adoption of findings); and 485
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d) the written decision is based on the facts and arguments submitted at the hearing.

Elected and appointed officials are obligated to remain neutral and unbiased regarding quasi-judicial matters prior to their vote on the matter.

5.3 Consider All Sides.

Members should consider the various viewpoints related to a project or matter and afford project applicants and interested persons an adequate opportunity to comment upon a project or matter before action is taken.

5.4 Decorum.

To ensure the fairness and integrity of the deliberative process, the presiding officer should preserve decorum and conduct meetings in an orderly manner.

Members should remain attentive of the business at hand and conduct themselves in a manner that is civil, polite and respectful. Members should refrain from unnecessarily interrupting speakers and not engage in abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City staff and/or the public.

5.5 Attentiveness.

Members should remain attentive at meetings. Members should not make or receive phone calls, text messages or e-mails from the dais. Members should place cellphones and other communication devices in “off” or “silent” mode.

Members should refrain from side-bar conversations with other Members while at the dais.

6.0 Ethical Decision Making
Members should observe the highest standards of ethical conduct in dealing with the community and carrying out their official duties. In every action and decision, Members should avoid even the appearance of impropriety and apply the guidelines for “Making Ethical Decisions” provided below:

6.1 Avoiding the Appearance of Impropriety.

6.1.1 Make Ethical Decisions. Members are referred to Appendix “B” (Guidelines for Making Ethical Decisions) for the process Members are encouraged to utilize in making City related decisions.

6.1.2 You May Need to Refrain from Participating. Conflict-of-interest issues are complex. Some situations are not “legal” conflicts of interest but may nevertheless pose the “appearance of impropriety” to the public. If a Member believes they have a conflict, the Member should contact the City 486
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Attorney or FPPC for advice as soon as possible. The Member should not participate in any matter in which they have a conflict.

6.1.3 Get Help. To assist in making a decision not to participate, Members should consult the guidelines for Making Ethical Decisions (below), the City Attorney or the FPPC helpline, and/or their constituents.

6.2 Ethical Principles to Follow.

6.2.1 Avoid Personal Interests.

Members are prohibited from using their official positions to influence decisions in which they have a personal financial interest, are members of an interested organization, or have a personal relationship that would be affected.

6.2.2 No Personal Gain.

Members shall not take advantage of, or use, public property and equipment, public services, confidential public information, public resources, or other opportunities afforded by their office, for personal gain.

6.2.3 City Stationery.

City letterhead or stationery or other City resources may not be used by Members to promote personal interests.

6.2.4 Appearing before Council.

Members shall not appear before the City Council or other City board or commission representing any private interest or community group.

Members are permitted to speak as a member of the public on any matter related solely to the Council Member’s personal interest but may not participate in the matter as a Member.

6.2.5 Gifts.

Members will refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, or the appearance that they are independent and unbiased.

7.0 Efficiency and Accountability
The City of Capitola operates under a council-manager form of government under which the Council’s role is to provide legislative direction, set City policy and monitor its implementation. The City Manager serves as the City’s administrative head and is 487
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responsible for directing the day-to-day operations of the City and for administering all City business.

7.1 Members Should Not Interfere with Operations.

Implementing this Rule:
a) City Manager is responsible for City Personnel Members will not interfere with the appointment, evaluation, discipline, or removal by the City Manager of any Department Head or employee of the City. (i) Exception – City Attorney. The City Attorney is hired, appointed, evaluated, and removed directly by the Council. b) Orders and Direction to Employees. Only the City Manager or applicable Department Head may give orders and direction to City employees. Members may not direct the work or actions of City employees. (CMC Section 2.08.090)
(i) Requests for Information. All Members should direct requests for information, research, or reports to the City Manager or applicable Department Head. If there is a legal question it should be directed to the City Attorney. Questions regarding elections and disclosure statements may be addressed to the City Clerk.
(ii) Responses. Substantive responses to Member’s information inquiries will be provided to all Members of the legislative body (e.g. a response to a request by a Councilmember will be provided to all Councilmembers).
(iii) Notifications. Where the City Manager or Department Head provides general facts or information about the City, a program, or a City event to one Member, the information should be provided to all Members of the legislative body. c) Staff Liaisons to City Commissions / Committees and Outside Agencies. Members serving as the City’s representative to a City Commission or Committee or to an outside agency may interact directly with the City employee assigned to that effort by the City Manager.
d) Operations and Service Levels. Criticisms of City operations and service levels may be made only to the City Manager and not to City employees or Department Heads, unless first cleared through the City Manager or expressed in general during a regular Council, board or commission meeting.
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e) Political Solicitation & Activities. Members will not solicit political support from City employees (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.). Members will not engage in political activities at City Hall or other City facilities. This provision is not intended to impair the free exercise of federal and state constitutional and statutory rights by City employees.

7.2 Interaction of Members.

7.2.1 Positions of Mayor and Chairperson.
a) Honorary Presiding Officer. The positions of Mayor and Mayor Pro Tempore on the City Council and the positions of chairperson and vice chairperson on City boards and commissions are generally considered honorary and ceremonial, but also serve an important procedural role as the presiding officer at meetings of their body.

Persons appointed to those positions by a majority of their council, board or commission serve at the pleasure of their appointing body. b) Maintain Order, Decorum & Procedure. The Mayor and chairperson are responsible for maintaining order and decorum of their body’s meetings and enforcing these policies where necessary. They are responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion.
c) Ceremonial Head. The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries.
d) Spokesperson. The Mayor is the official spokesperson for the City and has the primary responsibility for communications with the press and public on official City business, with the exception of a state of emergency. During a state of emergency, the Director of Emergency Services may serve as the primary contact for the public, other governing officials and the press. The Mayor will work on press releases and statements to the press with the City Manager and will report the majority position adopted by the Council, and not his or her personal opinion on matters.

7.2.2 At Public Meetings
a) Follow Rules of Order, Decorum and Procedure. Members should adhere to the rules of order, decorum and procedure for the conduct of public meetings adopted by the City Council from time to time.

Abiding by these rules will maintain civility and the orderly conduct of business.
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b) Keep Conduct Professional. Members should conduct themselves in an orderly, professional, and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly. c) Keep Comments On-Topic. Public meetings are to attend to and resolve City business. Members should avoid being overly repetitious and should endeavor to limit their comments to the subject matter at hand. Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates. d) Ask Questions in Advance. When preparing for public meetings, Members are encouraged to provide their questions far enough in advance to the City Manager or City employee responsible for the meeting so that meaningful information and responses can be shared at the meeting.

7.2.3 Relations with Fellow Members
a) Civility. Members should always practice civility. By doing so, Members help the City to fulfill its potential by putting the common good ahead of personal rivalries or irritations. Civility is best fostered by a collective commitment to following established rules of procedure.
b) Different Points of View. Members should exercise tolerance for the different opinions, perspectives, and points of view of their colleagues and recognize their right to express these views on matters of City business within the established rules of decorum and order of business.
c) Managing Conflict. Members should manage disagreement with civility and professionalism and not allow disagreement to turn into open conflict or hostility. Members should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City employees and/or members of the public.

7.2.4 Public Communication and Appearance
a) Personal versus City Positions. It is an important part of each Member’s responsibility to communicate with the public. In communications regarding City business, it is important to distinguish a Member’s personal views and opinions and the adopted City position. When appearing before another governmental agency or organization, the Member should clearly set forth the City’s official position, and then may express their own position.
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(i) Expressing Dissent. Each Member has a right under the First Amendment to express their views and opinions, even if
contrary to the official position of the City. However, Members should express their dissenting views with tact and civility. b) Use of Official Titles. Members may use their official title only when conducting official City business, for informational purposes, or as an indication of background and expertise, after having carefully considered whether they are exceeding or appearing to exceed their authority.
c) Response to Public Communication. Members are encouraged to respond promptly to letters, telephone calls, electronic communication, and other communications received from member of the Public who have requested a response. Members are not required to respond to commercial solicitations or to anonymous, obnoxious or harassing communications.

8.0 Enforcement

8.1 Member Responsibility.

Upon assuming office each Member shall sign a statement affirming that they have received and reviewed these Protocols. Each Member is responsible for adhering to these Protocols as well as the laws that comprise the basic legal framework for local government.

8.2 Council Authority.

The City Council has authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.

8.2.1 Training and Education.

The City Council may sponsor or require periodic training opportunities for Members to become more familiar with the Protocols and the legal framework (See Appendix “A”).

8.2.2 Councilmembers.

Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 8.4.3, a majority of the Councilmembers may remove a Councilmember from all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council. 491
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8.3 Violation of Oath of Office.

8.3.1 Oath of Office.

All Members take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law.

8.4 Violation of Protocols.

8.4.1 Complaint.

Where any Board or Commission Member, Councilmember, City employee, or resident of the City believes that a Member has violated these Protocols or their Oath of Office, they may file a written complaint with the City Clerk who will then provide it to the City Manager and City Attorney. The complaint shall be considered confidential until the City Attorney has determined the appropriate next action.

8.4.2 Investigation.

Within thirty (30) days of receipt of a Complaint as provided in Section

7.4.1., the City Manager and City Attorney shall review the complaint. If, in the City Attorney’s determination, the complaint alleges a violation of law, the City Attorney shall determine appropriate next steps.

For example, a complaint alleging theft of public funds or bribery, or a complaint from a purported whistle-blower (pursuant to California Labor Code Section 1102.5) may be forwarded to the Office of the District Attorney. Complaints alleging other violations of the law may be forwarded to the City’s risk-management pool for a determination. The City Attorney shall have the authority to retain an outside investigator to investigate complaints from employees alleging violations of the Fair Employment and Housing Act.

All complaints, including complaints alleging violations of these protocols and any other City policy or procedure, at the appropriate point in the process as determined by the City Attorney shall be forwarded to the City Council for consideration in open session. The City Council may order an investigation.

8.4.3 Enforcement.

The City Council may use any of the following to respond to any and all violations of these protocols: (i) a warning (ii) a written reprimand; or (iii) censure. In addition, the City Council shall have the authority to remove 492
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Board or Commission Members from office as a remedy for violations. (CMC 2.12.020 for Planning Commissioners).

The City Council, Boards and Commissions shall use the following procedure to consider complaints forwarded by the City Attorney:
a) Receipt of Complaint. Upon receipt of the complaint, the Council will hold a public meeting at which it will determine whether the complaint should be dismissed for the reasons stated in section b)(i), below, or added to a future agenda for further discussion and determination. if the complaint is added to a future agenda, the subject Member shall have the opportunity to address the allegations in the complaint at the future meeting.
b) Determination. The Council shall make a determination on the allegations in the complaint based on the following:
(i) Dismissal. Where the Council determines that no violation occurred or that only a trivial violation occurred, or that the complaint does not have merit for any other reason, the Council may dismiss the complaint.
(ii) Reprimand. The Council may adopt a verbal or written statement reprimanding the subject Member for their conduct.

The subject Member may file a rebuttal to the Reprimand with the City Clerk which will become a matter of public record. (iii) Censure. Where the Council, based on the Report, any statement from the subject Member, and other evidence
accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of these Protocols, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the subject member by condemning their actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting them if they hold a position of mayor, mayor pro tempore, chairman or vice chairman, stating that the violations shall cease, and
demanding corrective actions. The subject Member may file a rebuttal to the Censure with the City Clerk which will become a matter of public record.
c) Commissioner and Board Member Removal from Office.
(i) Planning Commissioner - Notwithstanding any of the
provisions in this Section 9.0, the City Council may remove a 493
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Planning Commissioner by following procedure in CMC
Section 2.12.020. Nothing in these Protocols affects or diminishes such power nor vests Planning Commissioners
with any additional rights, including, without limitation, rights of procedural due procession.
(ii) Other Commissioners and Board Members - Notwithstanding any of the provisions in this Section 9.0, the City Council may remove any commissioner or board member appointed by the City Council. Nothing in these Protocols affects or diminishes such power nor vests such commissioners or board members with any additional rights, including, without limitation. 494
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APPENDIX A – LEGAL FRAMEWORK & RESOURCES

1.0 Legal Framework
Law or Regulations Citation
California Laws
California Constitutions Article XI §§ 2, 5, 7, & 11.

General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.

Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.

Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.

Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.

Conflicts, Disclosures & Campaigns
Legally Required Participation 2 Cal. Code Regs. §18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq., Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices
City of Capitola Documents
City’s Charter
City Municipal Code
City Council Rules of Order and Protocols
Reimbursement Policy
Social Media Policy
Handbook
Anti-Harassment and Ethics Training
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2.0 Online Resources
Resource Web Address
State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.ca.fppc
Conflict of Interest Info
Cal. Attorney General www.ag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Cal. Joint Powers Insurance Authority www.cjpia.gov
Risk Management & Training
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making
Institute for Local Self Government www.ilsg.org
Government Ethics
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APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS
[Please visit the Markkula Center for Applied
Ethics at the University of Santa Clara]
How to Make an Ethical Decision. When presented with an opportunity to participate in making a decision for the City, the City Official should:

A. Recognize whether an ethical issue is involved.

1. Will the decision result in damage or injury to people?

2. Is there a clear good or bad result?

3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?

4. Ethical decisions are often not the easiest decision nor the most popular.

B. Get the facts.

1. Read the staff report and get questions answered by the City Manager in advance.

2. Are there alternatives that would lead to better or worse results?

3. What are the viewpoints of the stakeholders? Are some more important than others?

4. Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:

1. Produce the most good and do the least harm? (See the Markkula Center’s Utility Test.)
a. Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions. b. For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c. Select the action in the current situation that produces the greatest benefits over costs for all affected.
d. Ask what would happen if the action were a policy for all similar situations.

2. Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)
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a. Identify the right being upheld or violated.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.

3. Treat people equally or proportionately? (See The Markkula Center’s Justice Test.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process to decide the issue.

4. Best serve the community as a whole. (See The Markkula Center’s Common Good Test.)
a. Identify what parts of the common good are involved. b. Explain obligations to promote or protect the common good. c. Discern whether the proposed action conflicts with an obligation to promote or protect the common good.

5. Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a. Will the action help to make you the kind of person you want to be? b. Will the action fit the City’s reputation or vision of what it would like to be?
c. Will the action maintain the right balance between excellence and success for the City?
D. Make a decision and test it.

1. Which approach best suits the situation and arrives at the most ethical decision?

2. Which option is likely to be most respected by the Member’s colleagues and constituents?
E. Act and reflect on the outcome.

1. How can the decision be implemented to best reflect the intention and reasons for the decision?

2. What was the end result of the decision and what feedback has the City Official received?
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APPENDIX C – Receipt of Code of Conduct
I affirm that I have read and that I understand, accept and support the City of Capitola City Council and Commissioner Code of Conduct
____________________________________________________________________ Board, Commission, Committee Position
____________________________________________________________________ (Print Name)
____________________________________________________________________ Signature
____________________________________________________________________ Date
499
Item 9 B.

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Item 9 B.

September 17, 2025
Dear Council Members,
I write this letter in support of Melinda Orback in the Code of Conduct Violation made against her. Freedom of speech and freedom of assembly are giving to us in the First Amendment in our Constitution. However those freedoms are given only when there is no cause of harm to others. It appears that Mr. Maguire who has accused Melinda of a violation of the Code was showing harm to her and her family.

Because of the First Amendment Mr. Maguire had a right to make negative comments about Melinda on social media and online. He was able to threaten a recall campaign against her. He also issued threats of litigation and made ultimatums. He has a right to do all those. However, when he went into Melinda’s neighborhood and starting asking neighbors where she lived that is cause for harm and his freedom of assembly is no longer a right.

Melinda’s comments at the City Council on April 17, 2025 was her freedom of speech in attempt to protect herself and her family. She viewed Mr. Maguire’s assembly in her neighborhood as one of threat and intimidation. She wanted to set boundaries to his behavior against her. That is her right to wanting to protect herself and her family.

I was on the Watsonville City Council for eight years and one year as Mayor. I am very familiar with the acceptable conduct of city council members. Melinda’s comments at the City Council meeting was acceptable conduct. Furthermore, Melinda’s attempt to have mediation through the Conflict Resolution Center illustrates that she is committed to respect and collaboration. I encourage you to do the right thing and vote no on the Code Violation.

Respectfully,
Rebecca J. García
Former City Council and Mayor of Watsonville
501
Item 9 B.

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502
Item 9 B.
1 Gautho, Julia
From: Cea Kelley <[email protected]>
Sent: Wednesday, September 17, 2025 8:06 PM
To: City Council
Subject: Public Comment – Dismissing the Code of Conduct Claim Dear Mayor and Members of the Capitola City Council,
As a public servant myself, I understand the high standard we are held to. With that standard should also come recognition that public service is demanding, emotional, and often carried out under extraordinary pressure. Mistakes will happen, but when they are made sincerely and with dignity, they should be met with understanding, not punishment.

Councilmember Orbach’s comments were made in good faith, in an effort to draw boundaries against threatening behavior. She has acknowledged her error in naming an individual and has taken proactive steps toward resolution through mediation. These are not the actions of someone who disregards the code of conduct, but of someone trying to balance duty, safety, and the very real pressures of intimidation.

Fear and harassment can push any of us to speak more directly than intended. What matters is whether we respond with integrity, and Councilmember Orbach has done exactly that. Moving forward with this complaint risks validating intimidation as a political tactic, which would silence diverse and younger voices. The very voices Capitola needs most.

I urge you to dismiss this claim and stand firmly for respectful discourse, fairness, and the safety of our public officials.

Sincerely,
Carolyn Kelley
503
Item 9 B.
1 Gautho, Julia
From: James Weller <[email protected]>
Sent: Thursday, September 18, 2025 1:54 PM
To: City Council
Cc: Westman, Susan; Clarke, Joe; Margaux Morgan; Gerry Jensen; Melinda Orbach Subject: In the matter of Kevin Maguire's complaint about Melnda Orbach Follow Up Flag: Follow up
Flag Status: Flagged
Honorable City Council members:

Regarding the code of conduct complaint filed by Kevin Maguire against councilmember Melinda Orbach, it must be recognized that Mr. Maguire’s role in local political discourse this year has been anything but decorous.

He’s been a bully, mean, vindictive, and threatening. There have been several angry men of his ilk operating in the local public arena recently, spewing their negativity in public.

If I had been in Ms. Orbach’s position, having been stalked in her neighborhood by Mr.

Maguire, who was asking her neighbors in a hostile manner where she lived, I would have obtained a permanent restraining order against him for abusive harassment and made the proceeding very public. Ms. Orbach showed admirable restraint and tolerance by not having done so.

Instead, she admonished him during a public hearing in a temperate manner that cannot reasonably be seen as a breach of decorum. If you had been in her position, would you have stayed mum about it?
I ask you, Ms. Orbach’s fellow city council members, to show her the respect she deserves. It would be inappropriate to agendaize a discussion of Mr. Maguire’s complaint at a public meeting.

Don’t take Mr. Maguire’s bait in his unworthy appeal for a City Council resolution of censure, targeting her in a further act of harassment. I implore you to ignore his unworthy claims.

Sincerely,
Jim Weller
1970 46th Avenue
Capitola
504
Item 9 B.
1 Gautho, Julia
From: louis Cannarozzi <l >
Sent: Thursday, September 18, 2025 6:39 PM
To: City Council
Subject: Regarding Councilmember Orbach
Dear Capitola City Council,

I write today with deep disappointment that the Council has allowed a complaint of this nature to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about her perceived harassment and intimidation is not only absurd—it is an insult to every resident who expects their leaders to stand up for civil discourse, safety, and respect.

It appears that Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat, and her comments on April 17 were rooted in truth, transparency, and a mother’s instinct to protect her family. In the political climate that we are all witnessing, a part of, or victim to, one must have the right to establish clear boundaries without fear of reprisal.

To de-escalate, provide clarity, and to listen, Melinda has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center. She continues to show restraint in the face of relentless personal attacks. Instead of rewarding good-faith efforts at resolution, this Council is legitimizing harassment by agendizing a code of conduct complaint that has no merit.

The facts are clear: Councilmember Orbach described perceived threatening behaviors accurately. She did not engage in name-calling, slander, or personal attacks – she simply set boundaries that any public servant has the right to establish. For that, she has been met with months of attacks on her character and motives online, threats of litigation, and political intimidation. Capitola residents should not have to watch their representatives be silenced or driven out by those who would rather bully than engage in dialogue.

I urge you to dismiss this claim outright on September 25. Capitola needs leaders who protect truth and principle, not those who bow to intimidation.To punish Councilmember Orbach for demanding civility is to send the message that harassment works.

Respectfully,
Louis Cannarozzi
505
Item 9 B.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: Public Works Department
Subject: Sustainable Transportation Planning Grant for the Capitola Active Transportation Plan
Recommended Action: Provide direction to staff.

Background: On August 28, 2025, staff presented a report on the Sustainable Transportation Planning Grant for the Capitola Active Transportation Plan. The staff recommendation included adopting a resolution authorizing the City Manager to execute the Caltrans grant agreement, approving a professional services agreement with Ecology Action, and amending the FY 2025–26 budget to reflect the grant funding.

After discussion and public comment, the City Council took action to adopt the resolution. On September 11, 2025, Mayor Clarke requested the item be placed on the September 25, 2025, agenda for additional Council consideration.

This report re-attaches the original September 11 staff report, supporting exhibits, the signed resolution, and the meeting minutes to provide full context for Council’s continued discussion.

Attachments:

1. August 28th City Council Meeting – Item 9D
a. https://mccmeetings.blob.core.usgovcloudapi.net/capitolaca-pubu/MEET-Packetee547a1a23ae4058956d8b1908259e62.pdf

2. Resolution No. 4449 and 4450

3. August 28 City Council Minutes– Item 9D
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
506
Item 9 C.

RESOLUTION NO. 4449

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE A PLANNING GRANT AGREEMENT WITH

THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CAPITOLA ACTIVE

TRANSPORTATION PLAN
WHEREAS, the City of Capitola is eligible to receive State funding for transportation planning through the California Department of Transportation (Caltrans); and WHEREAS, the City of Capitola applied for and was conditionally awarded $450,000 through Caltrans’ Sustainable Transportation Planning Grant Program, funded by Senate Bill 1 (SB 1 – The Road Repair and Accountability Act of 2017), for the Capitola Active Transportation Plan; and
WHEREAS, a Restricted Grant Agreement must be executed with Caltrans before such funds can be reimbursed to the City through the grant program; and WHEREAS, the City Council desires to delegate authority to execute the grant agreement and any amendments thereto to the City Manager or their designee to ensure timely acceptance and administration of the grant.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Capitola, State of California, as follows:

1. The City Council hereby authorizes the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation for the Capitola Active Transportation Plan, and to make any non substantive revisions as approved by the City Attorney and take all necessary action to effectuate receipt of the grant funds.

2. The City Council authorizes the City Manager, or designee, to make necessary budget amendments to execute the Capitola Active Transportation Plan.

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 28th day of August, 2025, by the following vote:

AYES: ORBACH, MORGAN, CLARKE
NOES: JENSEN, WESTMAN
ABSENT: NONE
ABSTAIN: NONE
____________________________
Joe Clarke, Mayor
ATTEST:
________________________________
Julia Gautho, City Clerk
Docusign Envelope ID: BC4813E1-B55C-4CEA-8D92-36A04BEC28AF 507
Item 9 C.

RESOLUTION NO. 4450

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE 2025-26 FISCAL YEAR CITY BUDGET AND CAPITAL IMPROVEMENT

PROGRAM BUDGET
WHEREAS, it is necessary to adopt the 2025-26 Fiscal Year Budget for all City funds and Capital Improvement Program; and
WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 26, 2025, adopted such budget for the Fiscal Year July 1, 2025 through June 30, 2026; and WHEREAS, since the adoption of the budget the City has been awarded a grant in the amount of $450,000 from the California Department of Transportation for the Capitola Active Transportation Plan; and
WHEREAS, it is necessary to amend the Fiscal Year 2025-26 Adopted Budget to accept the grant revenue and appropriate the funds for the project; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2025-26 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Administrative Services Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Finance Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 28
th day of August 2025, by the following vote:

AYES: ORBACH, MORGAN, CLARKE
NOES: JENSEN, WESTMAN
ABSENT: NONE
ABSTAIN: NONE
_____________________
Joe Clarke, Mayor
ATTEST:
____________________ ___
Julia Gautho, City Clerk
Docusign Envelope ID: BC4813E1-B55C-4CEA-8D92-36A04BEC28AF 508
Item 9 C.

Budget Adjustment Request
Date
08/18/2025
Requesting Department *
Public Works
Type of Adjustment
Administrative
Council
Item #
Council Date
August 28, 2025
Council Approval
Revenues
Account Number Account Description Increase/Decrease
1200-00-00-000-3320.200 State Grants - Operating $450,000.00 Total Revenues
$450,000.00
Expenditures
Account Number Account Description Increase/Decrease
1200-00-00-000-4305.900 CS-Contracts General $450,000.00 Total Expenditures
$450,000.00
Net Impact
$0.00
Purpose
To establish grant revenue & expenditure budget for the California Department of Transportation Capitola Active Transportation Plan.

Department Head Approval
Docusign Envelope ID: BC4813E1-B55C-4CEA-8D92-36A04BEC28AF 509
Item 9 C.

Finance Director Approval
City Manager Approval
Docusign Envelope ID: BC4813E1-B55C-4CEA-8D92-36A04BEC28AF 510
Item 9 C.

City of Capitola
City Council Meeting Minutes
Thursday, August 28, 2025 – 4:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Joe Clarke
Vice Mayor: Margaux Morgan
Council Members: Gerry Jensen, Melinda Orbach, Susan Westman Closed Session – 3 PM
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
ii. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Gov’t Code § 54956.9(d)(4) Three Cases
iii. CONFERENCE WITH LEGAL COUNSEL—LIABILITY CLAIMS (Gov. Code § 54956.95) 1) Carlos R. Lopez
Claim against the City of Capitola
Regular Meeting of the Capitola City Council – 4 PM

1. Roll Call and Pledge of Allegiance
The meeting was called to order at 4:00 PM. In attendance: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke.

2. Additions and Deletions to the Agenda – None

3. Presentations – None

4. Report on Closed Session – The City Council met and discussed three items on the Closed Session agenda. The City Council authorized staff to join other public agencies in opioid settlement agreements with Purdue/Sackler and Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus. No other reportable action was taken.

5. Additional Materials
A. Item 8D – One email received after publication of the agenda packet.

B. Item 9A – Seventeen emails received after publication of the agenda packet & one staff memorandum with an updated ordinance.

C. Item 9B – Staff memorandum with an updated attachment and one email received after publication of the agenda packet.

D. Item 9C – Four emails received after publication of the agenda packet.

Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 511
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 2
E. Item 9D – One email received after publication of the agenda packet.

B. Item 9E – Staff memorandum with updated attachments & two emails received after publication of the agenda packet.

C. Item 9F – One email received after publication of the agenda packet.

6. Oral Communications by Members of the Public
• Debra Sheehan
• James Ewan Whitman
• Goran Klepic
• Linda Smith
• Tom Parker
• Allen Cable
• Suki Ramos, United Way
• Dan Haifley
• Dana Wagner
• Speaker
• Speaker
• Woodworm Party Store

7. Staff / City Council Comments
• Council Member Westman provided an update on her attendance at a recent Area Agency on Aging Advisory Council meeting; Council Member Westman requested that the Chamber of Commerce make a presentation to the Council; requested a special meeting on a Saturday to highlight projects and current events in the City.
• Vice Mayor Morgan seconded Council Member Westman’s request for an agenda item and reminded the public to be patient with upcoming road closures and special events. • Council Member Jensen provided an update on his attendance at a recent RTC meeting; discussed the Council ad-hoc committee’s efforts to communicate questions/concerns to the RTC; discussed efforts to address concerns about street closures; thanked the Community Services and Recreation Department for their programming this summer; supported Council Member Westman’s request for a Saturday Special Meeting; requested an update from staff on public comments submitted on the Depot Hill Path; and requested that the BIA non-profit group and Visit Santa Cruz also attend the Council presentation that Council Member Westman requested.
• City Manager Goldstein provided a brief update on the Depot Hill Path and confirmed that staff is working to complete emergency repairs.
• Council Member Orbach provided an update on her attendance at a recent METRO meeting. • Mayor Clarke acknowledged a complaint received and requested an agenda item on September 11th to discuss the Bay Avenue/Hill Street intersection.

8. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on July 24, 2025.

B. Liability Claim
Recommended Action: Deny a liability claim from Carlos R. Lopez.

C. California Highway Patrol Cannabis Tax Fund Grant
Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 512
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 3
Recommended Action: Adopt a resolution accepting a California Highway Patrol Cannabis Tax Fund Grant in the amount of $21,600 and amending the FY 2025-26 General Fund operating budget to increase revenues and expenditures by $21,600. (Resolution No. 4446) D. ADA Self-Evaluation and Transition Plan
Recommended Action: Adopt the City of Capitola’s ADA Self-Evaluation and Transition Plan, dated January 6, 2025. (Pulled from the Consent Calendar by Council Member Jensen) E. Coastal Development Permit Decision Appeal
Recommended Action: Set October 9, 2025, at 6:00 PM as the hearing date and time for the appeal of the Planning Commission’s decision to approve Application # 25-0056.

F. Afterschool Scholarship & Equity Swim Donation
Recommended Action: Accept a donation of $20,000 for Afterschool Rec Club scholarships and $16,000 for the Equity Swim Program from the Soquel Union Elementary School District and authorize the City Manager, or his designee, to sign the Memorandum of Understanding.

G. Seven-Year Extension of Library Financing Authority Joint Powers Agreement Recommended Action: Approve the fifth Amendment to the Joint Exercise of Powers Agreement establishing the Santa Cruz County Library Financing Authority, and authorize the City Manager to sign the amendment.

H. Bandstand Weathervane Public Art Project
Recommended Action: Approve the Art & Cultural Commission’s recommendation to allocate $10,000 from the Public Art Fund for the Bandstand Weathervane Project, with $5,000 for an engineer to develop technical specifications and $5,000 for an artist contract.

I. Establishment of Santa Cruz Mountains Wine Improvement District Recommended Action: Adopt a resolution granting consent to the County of Santa Cruz to establish the Santa Cruz Mountains Wine Improvement District (SCMWID) and include the City of Capitola in the SCMWID. (Resolution No. 4447)
J. Community Center Patio Improvements Contract Award
Recommended Action: 1) Authorize the City Manager to execute the construction contract for the Community Center Patio Improvements Project with SSB Contracting, Inc. in the amount of $1,055,000; and 2) Authorize the Public Works Department to issue notices to proceed upon final contract execution. (Pulled from the Consent Calendar by Council Member Jensen) K. Managed IT Services Contract Amendment
Recommended Action: Authorize the City Manager to execute Amendment 1 to the Professional Services Agreement with Exceedio for managed information technology services in the amount of $62,450, for a total annual contract value of $147,000 for three years.

L. Coastal Rail Trail Segments 10 & 11
Recommended Action: No action is requested at this time.

Council Member Jensen pulled Items 8D and 8J for discussion and requested clarification about Item 8I.

Motion to approve Consent Items 8A – 8C, 8E-8I, 8K-8L: Council Member Westman Second: Council Member Jensen
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke

9. General Government / Public Hearings
Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 513
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 4
A. First Reading of an Ordinance Prohibiting the Sale of Cigarettes and Cigars with Filters Recommended Action: Introduce for first reading, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Section 5.38.030 to prohibit the sale of cigarettes and cigars with filters (i.e., “partially inconsumable” tobacco products).

Public Works Director Kahn presented the staff report.

Public Comment:
• James Whitman
• Kirk Dechico
• Neal Savage
• Tyler Fox
• Shelly Dang
• Felix Blanco
• Dan
• Jimmy
• Christian Shaw
• Dan Haifley
• Laurie Egan
• Jaime Rojas
• Elizabeth Graham
• Alessandra Minasco
• Mark Burress
• Jack Ward
• Florees
• Tracey Weiss
• Trish Panella
• George Linard
• Sean Burns
• Taylor Lane
• Katie Thompson
• Tessa Sanders
• Sam Ruple
• Speaker
• Steven Duclaw
• Tara Leonard
• Delores
• Amber Jones
• Speaker
• Randy Wong
• Ted Burke
The Council thanked the public for their comments
Motion to introduce Ordinance No. 1068 as amended by staff: Vice Mayor Morgan Second: Council Member Orbach
Motion amended to include no enforcement before July 2027: Council Member Westman Amendment Accepted: Council Member Orbach
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke
Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 514
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 5
The Council took a recess at 6:06 PM and reconvened at 6:21 PM.

B. Capitola Village and Wharf Business Improvement Area Assessments for FY 2025-26 Recommended Action: 1) Conduct the duly noticed public hearing; 2) Adopt a resolution levying the Fiscal Year 2025-26 Capitola Village and Wharf Business Improvement Area (CVWBIA) Assessments and accepting the CVWBIA Annual Plan and budget; and 3) Authorize the City Manager to execute a contract with the CVWBIA nonprofit in an amount not to exceed $90,000.

Finance Director Malberg presented the staff report.

Public Comment:
• Anthony Guajardo
• Carin Hanna
Motion to adopt Resolution No. 4448 and authorize the City Manager to execute a contract with the CVWBIA nonprofit, subject to approval by the City Attorney: Council Member Westman
Second: Council Member Jensen
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke
C. Capitola Mall Update and Amendment to Agreement with Ben Noble Planning Recommended Actions: 1) Receive update on the Capitola Mall and Housing Element implementation Programs 1.6 and 1.7 related to the City’s zoning amendments; 2) Provide direction on the preferred approach to updating the City’s zoning; 3) Adopt a resolution amending the FY 2025-26 Budget to allocate funding for Housing Element Implementation; and 4) Authorize the City Manager to execute Amendment 1 to the Professional Services Agreement with Ben Noble Planning to assist in Housing Element implementation.

Economic and Community Development Director Herlihy presented the staff report.

Public Comment:
• Linda Smith
• Janine Roeth
• Speaker
The City Council discussed engaging with property owners on the Capitola Mall site and requesting a project proposal.

Motion to continue this item to September 11, 2025; form a Council subcommittee composed of two Council Members to engage with property owners at the Capitola Mall; and return to provide an update to the Council on September 11th: Council Member Westman
Second: Council Member Orbach
Motion amended to appoint Council Members Orbach and Westman to the subcommittee:

Mayor Clarke
Amendment Accepted: Council Member Westman
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke
D. Sustainable Transportation Planning Grant for the Capitola Active Transportation Plan Recommended Action: 1) Adopt a resolution authorizing the City Manager to enter into a grant agreement with the California Department of Transportation (Caltrans) for the Capitola Active Transportation Plan; 2) Authorize the City Manager to execute a professional services Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 515
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 6
agreement with Ecology Action, the City’s co‑applicant for the project, in the amount of $305,000; and, 3) Adopt a resolution amending the FY 2025-26 budget to accept the grant revenue and appropriate funds for the project.

Public Works Director Kahn presented the staff report.

Public Comment:
• Linda Smith
• Speaker
The Council discussed how this project aligns with staff’s workload and the City’s greater transportation planning efforts.

Motion to adopt Resolution No. 4449, authorize the City Manager to execute the agreement, and adopt Resolution No. 4450: Council Member Orbach Second: Council Member Morgan
Voting Yea: Council Members Orbach, Vice Mayor Morgan, and Mayor Clarke Voting Nay: Council Members Jensen, Westman
E. Cliff Drive Resiliency Project and Local Coastal Program Update Recommended Action: Receive an update on the Cliff Drive Resiliency Project and the associated Local Coastal Program (LCP) amendments and provide direction to staff as needed.

Public Works Director Kahn presented the staff report.

Public Comment:
• Speaker
• Linda Smith
The Council discussed how the City has partnered with property owners in the vicinity of this project and expressed appreciation for the bike lanes. The Council expressed an interest in reviewing the long-term plans for the phased approach to this project.

The City Council took a recess from 8:16 to 8:18 PM.

F. Park at Rispin Mansion Project Update
Recommended Action: Provide direction to staff regarding the materials and design for the additional hardscaping approved in May 2025 and the approach to landscaping in areas of the Park at Rispin Mansion outside the current construction scope.

Public Works Director Kahn presented the staff report.

Public Comment:
• Gayle Ortiz
• Speaker
Council expressed a preference for using historic pavers to complete the hardscaping; developing future opportunities for a donation-based paver program; expressed an interest in developing a partnership with private group(s) to support ongoing maintenance of the landscaping.

The Council provided direction to staff to proceed with a community paver program for dedication; use the existing historic bricks for the landing at the Park; requested staff reach out to community groups who have expressed interest and develop an RFP to develop/outline a community venture with fundraising opportunities.

Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 516
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 7
G. Amend Fiscal Year 2025-26 City Fee Schedule
Recommended Action: Adopt a resolution amending the fee schedule for Fiscal Year (FY) 2025-

26. Finance Director Malberg presented the staff report.

Public Comment: None
Motion to adopt Resolution No. 4451: Vice Mayor Morgan
Second: Council Member Orbach
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke

8. Consent Items – Pulled for Discussion
D. ADA Self-Evaluation and Transition Plan
Recommended Action: Adopt the City of Capitola’s ADA Self-Evaluation and Transition Plan, dated January 6, 2025. (Pulled from the Consent Calendar by Council Member Jensen) Public Works Director Kahn provided a staff report.

Public Comment: None
Motion to adopt the City’s ADA Self-Evaluation and Transition Plan, dated January 6, 2025: Council Member Westman
Second: Council Member Orbach
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke
J. Community Center Patio Improvements Contract Award
Recommended Action: 1) Authorize the City Manager to execute the construction contract for the Community Center Patio Improvements Project with SSB Contracting, Inc. in the amount of $1,055,000; and 2) Authorize the Public Works Department to issue notices to proceed upon final contract execution. (Pulled from the Consent Calendar by Council Member Jensen) Public Works Director Kahn provided a staff report.

Public Comment: None
Motion to authorize the City Manager to execute the construction contract with SSB Contracting, Inc. and authorize the Public Works Department to issue a notice to proceed:

Council Member Orbach
Second: Vice Mayor Morgan
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke

10. Adjournment - The meeting adjourned at 9:05 PM. The next regularly scheduled City Council meeting is on September 11, 2025, at 6:00 PM.
____________________________
ATTEST: Joe Clarke, Mayor
____________________________
Rosie Wyatt, Deputy City Clerk
Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 517
Item 9 C.

City Council Meeting Minutes – August 28, 2025
City of Capitola Page 8
Docusign Envelope ID: 3162C62C-FB9E-4549-AC78-5BB7BE3A5015 518
Item 9 C.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: Public Works Department
Subject: Capitola Community Center Renovation - Quarterly Progress Report Recommended Action: Receive a quarterly progress report on the Capitola Community Center Renovation Project.

Background: The Capitola Community Center Renovation Project was initiated to modernize and expand the usability of the City’s primary community facility. The Community Center, a 5,792-square-foot, singlestory building originally constructed in 1985, has served as a hub for community meetings, recreation programs, and public events for nearly four decades.

The project ensures compliance with the Long-Term Use Agreement (LTUA) between the City of Capitola and the Soquel Union Elementary School District while bringing the building up to modern standards of safety, accessibility, energy efficiency, and community resilience.

Over the past year, the City secured funding through a combination of local allocations, state and federal grants, and CDBG awards. Design work was completed in 2024, followed by site preparation in early 2025. The contract was awarded to SSB Construction on January 30, 2025, and construction has since progressed steadily.

Discussion:

Construction Progress: This past quarter has seen visible progress on both the building and site work.

Inside, drywall installation is well underway, with taping and finishing in progress. HVAC systems are being fitted out, and electrical rough-in work is complete, including new service panels to support modern building loads.

On the exterior, roofing improvements are moving forward, with insulation and membranes already in place and standing seam roofing scheduled for installation in late September and October. Sitework and storm drain improvements have begun, and preparation for the Patio Project—including demolition and grading—is underway. The patio work, funded separately through a CDBG award, will add new outdoor gathering and program space, including a fossil wall and retaining walls scheduled for construction in October.

Overall, the building is beginning to take shape that will better serve recreation programming, public events, and community emergency needs.

Schedule Status: As of September 1, the renovation is approximately 42% complete. Critical items include completing drywall and roofing in fall 2025, storefront and window installation in winter, and interior finishes in early 2026. The project remains on track for substantial completion in April 2026.

Change Orders: To date, change orders have been approved in several categories, with additional items under review. A detailed log is provided in Attachment 3. The following is a summary of change orders.  Regulatory & Safety: Includes mold remediation identified during demolition.  Utility Coordination: Covers electrical service adjustments, such as switchgear clearance corrections, and pending PG&E offsite work.
 Owner-Directed Additions: A new generator has been identified as a potential owner-directed addition to ensure the facility can operate during power outages and support emergency shelter use. Staff will defer bringing this item forward for decision until other related project bids are complete and overall contingency needs are better understood. 519
Item 9 D.
 Discovery/Coordination Adjustments: Includes field discoveries and trade coordination items, such as plumbing scope changes, air supply register adjustments, truss reinforcement, and mechanical/electrical integration refinements.
 Minor/Other Repairs & Finishes: Includes small-scale items such as wood repairs, ceiling framing adjustments, trash enclosure drain fixes, and other finish corrections.

As of September 12, 2025, approved change orders total approximately $180,000 (about 4% of the construction contract). Pending change orders amount to roughly $122,000, which, when formalized, would bring total change order costs to about $302,000. These costs remain within the project’s contingency allowance. At this stage of construction, the majority of demolition and discovery work is complete, so staff anticipates fewer unforeseen changes moving forward.

Risks and Upcoming Focus: The most significant risks moving forward relate to PG&E coordination, which may extend into early 2026, as well as seasonal weather impacts that could affect exterior patio and concrete work. Delivery of long-lead materials, such as switchgear, storefront components, and HVAC units, must also be closely tracked to avoid delays.

Generator: A new generator has been identified as a potential addition to the project. The Community Center previously had a smaller generator, but with the conversion from two-phase to three-phase service to support modern HVAC equipment, the existing unit is no longer compatible.

The estimated cost of a new generator is approximately $128,000. If included, this would bring total change order costs to about $430,000, leaving approximately $47,000 in contingency.

Given the number of pending bids on related projects, staff recommends deferring a decision on generator installation until those results are known and the City has a clearer understanding of available contingency funding. Staff will return to Council at a later date with a recommendation.

Other Projects on Jade Street Site:
 Community Center Patio Improvements: These improvements will be completed under a separate contract with SSB Construction, funded through a CDBG award. Patio demolition is complete, with retaining wall and fossil wall work scheduled for October. Few change orders are anticipated.  Jade Street Park Restroom Renovation: This project is currently out to bid, with a public bid opening scheduled for October 14, 2025, at 11:00 AM. Construction is expected to take three months, with an estimated budget of $500,000 (including contingencies).  Treasure Cove Playground: The project was advertised on July 21, 2025, and bids were opened on August 21, 2025. Four bids were received and evaluated. Staff is recommending award of the playground construction contract during the September 25, 2025, City Council meeting. The total project budget (with contingencies) is estimated at $2,340,000.

Fiscal Impact: The project budget includes contingency funding to address unforeseen conditions and scope adjustments. To date, cumulative change orders remain within the authorized budget allocation.

The fiscal impacts of a new generator are not included in the totals above and will be presented to Council for consideration at a later date.

Attachments:

1. Project Schedule (as of August 25, 2025)

2. Change Order Log (through September 12, 2025)

3. Progress Photos
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
520
Item 9 D.

ID Task
Mode
Task Name Duration %
Complete
Start Finish Predecessors
1 NOAA Historical Adverse Weather Days 263 days 41% Mon 3/31/25 Tue 4/21/26 2 April (4 Days) 4 days 100% Tue 4/1/25 Fri 4/4/253 May (2 Days) 2 days 100% Thu 5/1/25 Fri 5/2/254 June (1 Day) 1 day 100% Sun 6/1/25 Sun 6/1/255 July (0 Days) 0 days 100% Tue 7/1/25 Tue 7/1/256 August (0 Days) 0 days 100% Fri 8/1/25 Fri 8/1/257 September (1 Day) 1 day 0% Mon 9/1/25 Mon 9/1/258 October (2 Days) 2 days 0% Wed 10/1/25 Thu 10/2/259 November (5 Days) 5 days 0% Sat 11/1/25 Thu 11/6/25 10 December (7 Days) 7 days 0% Mon 12/1/25 Tue 12/9/2511 January (8 Days) 8 days 0% Thu 1/1/26 Tue 1/13/2612 February (7 Days) 7 days 0% Sun 2/1/26 Mon 2/9/2613 March (7 Days) 7 days 0% Sun 3/1/26 Mon 3/9/2614 Overall Contract Duration 263 days 42% Mon 3/31/25 Tue 4/21/2615 Notice to Proceed 0 days 0% Mon 3/31/25 Mon 3/31/2516 Mobilization (SOV #1) 5 days 100% Mon 3/31/25 Fri 4/4/2529 Selective Demolition (SOV #2) 15 days 100% Mon 4/7/25 Fri 4/25/2535 Remove POD 1 day 100% Mon 4/21/25 Mon 4/21/25 33FS-2 days36 Site Demolition (SOV #5) 10 days 100% Thu 5/1/25 Wed 5/14/25 3937 Framing & Roof Tear Off (SOV #3) 50 days 100% Mon 4/21/25 Mon 6/30/2556 Exterior Underground (SOV #6) 10 days 100% Mon 5/12/25 Fri 5/23/2559 Exterior Painting #1 (SOV #4) 6 days 100% Wed 5/28/25 Wed 6/4/2561 Exterior Insulation (SOV #7) 14 days 100% Mon 6/16/25 Mon 7/7/2566 Rough Electrical (SOV #10) 79.5 days 100% Mon 5/12/25 Thu 9/4/2575 Community Rooms Pour Back (SOV #9 Partial) 3 days 100% Mon 6/2/25 Wed 6/4/2580 Rough Plumbing (SOV #8) 57 days 95% Mon 6/16/25 Fri 9/5/2581 Rough Plumbing Tasks 57 days 95% Mon 6/16/25 Fri 9/5/25 15FS+60 days82 Rough Plumbing Inspection (Including Gas Line Test) 0 days 0% Fri 9/5/25 Fri 9/5/25 8183 Roof Waterproofing 7 days 100% Thu 7/24/25 Fri 8/1/2588 Hallway/Kitchen Pour Back (SOV #9 Partial) 3 days 100% Mon 8/4/25 Wed 8/6/2593 Rough Mechanical (SOV #11) 45 days 100% Wed 7/2/25 Fri 9/5/2595 Interior Insulation 38 days 100% Wed 7/9/25 Fri 8/29/25 101 Drywall (SOV #17) 59 days 35% Mon 7/28/25 Fri 10/17/25102 Hang Drywall 34 days 68% Mon 7/28/25 Fri 9/12/25 97103 Drywall Nailing Inspection 5 days 0% Fri 9/5/25 Fri 9/19/25 102104 Gypsum Board In Place Mockups 4 days 0% Tue 9/16/25 Fri 9/19/25 103FS-4 days105 On Site Mockup Approval 0 days 0% Fri 9/19/25 Fri 9/19/25 104106 Top/Tape/Texture 24 days 0% Tue 9/16/25 Fri 10/17/25 104SS107 TPO Roofing (SOV #19) 6 days 0% Tue 9/2/25 Tue 9/9/25108 Insulation/Tapered 2 days 0% Tue 9/2/25 Wed 9/3/25 93FS-4 days109 Rock Cover Board 1 day 0% Wed 9/3/25 Wed 9/3/25 108FF110 TPO Single Ply 4 days 0% Thu 9/4/25 Tue 9/9/25 109111 Install Roof Hatch 2 days 0% Mon 9/8/25 Tue 9/9/25 110FF112 Sun Tunnels 5 days 0% Tue 9/16/25 Mon 9/22/25113 Sun Tunnels Install 5 days 0% Tue 9/16/25 Mon 9/22/25 107FS+4 days114 Patio Project - Sitework Demolition 7 days 0% Tue 9/2/25 Wed 9/10/25115 Tree Removal 2 days 0% Tue 9/2/25 Wed 9/3/25 107SS116 Remove Sidewalks 2 days 0% Tue 9/2/25 Wed 9/3/25 107SS117 Remove Retaining Walls 3 days 0% Thu 9/4/25 Mon 9/8/25 116118 Soil Off Haul 2 days 0% Tue 9/9/25 Wed 9/10/25 117119 Patio Project - Grading/Base/Underground 10 days 0% Thu 9/11/25 Wed 9/24/25120 Storm Drain Modifications/Sleeves 3 days 0% Thu 9/11/25 Mon 9/15/25 114121 Downspout Tie-Ins 2 days 0% Tue 9/16/25 Wed 9/17/25 120122 Grade at landings/Walkways 2 days 0% Thu 9/18/25 Fri 9/19/25 121123 Install base at landings/Walkways 3 days 0% Mon 9/22/25 Wed 9/24/25 122124 Patio Project - Irrigation/Landscaping 12 days 0% Mon 9/22/25 Tue 10/7/25125 Install sleeves at walkways 2 days 0% Mon 9/22/25 Tue 9/23/25 122126 Place Boulders 5 days 0% Wed 9/24/25 Tue 9/30/25 125127 Install Wharf Pile 5 days 0% Wed 10/1/25 Tue 10/7/25 126128 Sitework Concrete (SOV #12 & Patio Project) 116 days 0% Tue 5/27/25 Fri 11/7/25129 Concrete Curb 5 days 0% Tue 5/27/25 Mon 6/2/25 58130 South Landing Retaining Walls/Footings 5 days 0% Thu 9/25/25 Wed 10/1/25 119131 East Landing Retaining Walls/Footings 5 days 0% Thu 9/25/25 Wed 10/1/25 130SS132 North Entry Retaining Walls/Footings 5 days 0% Thu 9/25/25 Wed 10/1/25 130SS133 Sidewalks/Curbs 5 days 0% Thu 10/2/25 Wed 10/8/25 130134 Asphalt (SOV #14) 5 days 0% Thu 10/9/25 Wed 10/15/25135 Asphalt Paving 5 days 0% Thu 10/9/25 Wed 10/15/25 133136 Equipment Pads 5 days 0% Thu 10/2/25 Wed 10/8/25 133SS137 Monument Sign 5 days 0% Thu 10/2/25 Wed 10/8/25 133SS138 South/East stamped landings 3 days 0% Thu 10/9/25 Mon 10/13/25 133139 North landing Wave Concrete 3 days 0% Tue 10/14/25 Thu 10/16/25 138140 Patio Project - Fossil Wall 29 days 0% Tue 9/9/25 Fri 10/17/25141 Mockups/Layout/Footing 9 days 0% Tue 9/9/25 Fri 9/19/25 117142 Fossil Wall 10 days 0% Mon 10/6/25 Fri 10/17/25 141FS+10 days143 West Landing Retaining/Seat Walls/Curbs 5 days 0% Mon 10/20/25 Fri 10/24/25 140144 West Landing Sidewalk stage, ramp, sidewalk 5 days 0% Mon 10/27/25 Fri 10/31/25 143145 West Landing Stamped/Wave Concrete 5 days 0% Mon 11/3/25 Fri 11/7/25 144146 Cement Plastering Columns/Walls (SOV #15) 5 days 0% Mon 10/13/25 Mon 10/20/25147 Exterior Plaster Repair 5 days 0% Mon 10/13/25 Mon 10/20/25 143SF148 Standing Seam Roofing (SOV #18) 15 days 0% Mon 9/29/25 Fri 10/17/25149 Flashings 2 days 0% Mon 9/29/25 Tue 9/30/25 61FS+58 days150 AEP Panels 10 days 0% Wed 10/1/25 Tue 10/14/25 149151 Gutter/Downspouts 3 days 0% Wed 10/15/25 Fri 10/17/25 150152 Roofing Inspection 0 days 0% Fri 10/17/25 Fri 10/17/25 149,150,151153 Attic HVAC Unit 5 days 0% Fri 10/17/25 Fri 10/24/25154 Unit Delivery 0 days 0% Fri 10/17/25 Fri 10/17/25 93FS+30 days155 Pick and Place 1 day 0% Mon 10/20/25 Mon 10/20/25 154156 Make Connections 4 days 0% Tue 10/21/25 Fri 10/24/25 155157 Rough Mechanical Inspection 0 days 0% Fri 10/24/25 Fri 10/24/25 156,93158 Acoustical Hangers 3 days 0% Mon 10/20/25 Wed 10/22/25 101159 Door Frames (SOV #13) 10 days 0% Mon 10/20/25 Fri 10/31/25160 Hollow Metal Frames 10 days 0% Mon 10/20/25 Fri 10/31/25 101161 Doors Install (SOV #22) 10 days 0% Mon 11/3/25 Mon 11/17/25162 Wood Doors 10 days 0% Mon 11/3/25 Mon 11/17/25 159163 Interior Paint (SOV #23) 20 days 0% Tue 11/18/25 Wed 12/17/25164 Interior Walls/Ceilings/Doors 15 days 0% Tue 11/18/25 Wed 12/10/25 162165 Kitchen Wall Coating 5 days 0% Thu 12/11/25 Wed 12/17/25166 High Performance Coatings Kitchen 5 days 0% Thu 12/11/25 Wed 12/17/25 164167 Storefront (SOV #20) 19 days 0% Thu 11/27/25 Tue 12/23/25 7/1
8/1
3/31
9/5
9/19
10/1710/17
10/24
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 TaskSplit
MilestoneSummary
Project SummaryInactive Task
Inactive MilestoneInactive Summary
Manual TaskDuration-only
Manual Summary RollupManual Summary
Start-onlyFinish-only
External TasksExternal Milestone
DeadlineCritical
Critical SplitProgress
Manual Progress

Page 1 ends

Project: Overall Project SchedulDate: Thu 9/4/25
521
Item 9 D.

ID Task
Mode
Task Name Duration %
Complete
Start Finish Predecessors
168 Storefront Mock Up 4 days 0% Thu 11/27/25 Tue 12/2/25 169SS 169 S3 Storefront (No Doors) 4 days 0% Thu 11/27/25 Tue 12/2/25 101FS+25 days170 Storefront Pre-Installation Conference 0 days 0% Thu 11/27/25 Thu 11/27/25 169SS171 S5 Storefront (No Doors) 4 days 0% Tue 12/2/25 Fri 12/5/25 169FS-1 day172 S1 Storefront (Double Door) 4 days 0% Fri 12/5/25 Wed 12/10/25 171FS-1 day173 S2 Storefront (Double Door) 4 days 0% Wed 12/10/25 Mon 12/15/25 172FS-1 day174 S4 Storefront (Double Door) 4 days 0% Mon 12/15/25 Thu 12/18/25 173FS-1 day175 S6 Storefront (Double Door) 4 days 0% Thu 12/18/25 Tue 12/23/25 174FS-1 day176 Window/Door Inspection 0 days 0% Tue 12/23/25 Tue 12/23/25 175,169,171,172,173,174177 Casework/Tops (SOV #24) 6 days 0% Thu 12/11/25 Thu 12/18/25178 Reception Desk 3 days 0% Thu 12/11/25 Mon 12/15/25 164179 Solid Surface Top 3 days 0% Tue 12/16/25 Thu 12/18/25 178180 Aluminum Windows (SOV #16) 25 days 0% Thu 12/18/25 Thu 1/29/26181 Windows Install 15 days 0% Thu 12/18/25 Wed 1/14/26 101FS+40 days182 Window Actuators 10 days 0% Thu 1/15/26 Thu 1/29/26 181183 Siding (SOV #21) 15 days 0% Thu 1/15/26 Thu 2/5/26184 Nichiha Siding 15 days 0% Thu 1/15/26 Thu 2/5/26 148,167,181185 Door Hardware (SOV #25) 10 days 0% Wed 12/17/25 Wed 1/7/26186 Keying Conference 0 days 0% Wed 12/17/25 Wed 12/17/25 163187 Hardware 10 days 0% Thu 12/18/25 Wed 1/7/26 186188 Tile & Waterproofing (SOV #26) 20 days 0% Fri 12/19/25 Fri 1/23/26189 Waterproofing 5 days 0% Fri 12/19/25 Tue 12/30/25 177190 Tile Install 15 days 0% Wed 12/31/25 Fri 1/23/26 189191 Flooring (SOV #27) 21 days 0% Fri 1/16/26 Tue 2/17/26192 Refinish Wood Flooring 5 days 0% Fri 1/16/26 Fri 1/23/26 188FS-5 days193 Epoxy Flooring 7 days 0% Mon 1/26/26 Tue 2/3/26 192194 6"Wall Base 1 day 0% Wed 2/4/26 Wed 2/4/26 193195 Marmoleum Install 8 days 0% Wed 2/4/26 Fri 2/13/26 193196 4"Wall Base 1 day 0% Tue 2/17/26 Tue 2/17/26 195197 Kitchen Equipment (SOV #28) 10 days 0% Tue 2/3/26 Wed 2/18/26198 Equipment Delivery 0 days 0% Tue 2/3/26 Tue 2/3/26 193199 Equipment Placement 5 days 0% Wed 2/4/26 Tue 2/10/26 198200 Ansul Upgrade 5 days 0% Wed 2/11/26 Wed 2/18/26 199201 Finish Plumbing (SOV #29) 15 days 0% Mon 1/26/26 Fri 2/13/26202 Finish Plumbing& Fixtures 12 days 0% Mon 1/26/26 Tue 2/10/26 188203 Plumbing Controls/Testing 3 days 0% Wed 2/11/26 Fri 2/13/26 202204 Plumbing Final Inspection (With Gas Final) 0 days 0% Fri 2/13/26 Fri 2/13/26 202,203205 Operable Wall (SOV #30) 10 days 0% Tue 2/17/26 Mon 3/2/26206 Operable Wall Installation 10 days 0% Tue 2/17/26 Mon 3/2/26 195207 Bathroom Partitions/Accessories (SOV #31) 13 days 0% Fri 2/6/26 Wed 2/25/26208 Partitions Install 8 days 0% Fri 2/6/26 Wed 2/18/26 202FS-3 days209 Accessories Install 5 days 0% Thu 2/19/26 Wed 2/25/26 208210 Finish Mechanical (SOV #33) 25 days 0% Mon 1/26/26 Mon 3/2/26211 Finish Mechanical Tasks 10 days 0% Mon 1/26/26 Fri 2/6/26 201SS212 Controls 5 days 0% Mon 2/9/26 Fri 2/13/26 211213 Balancing 10 days 0% Tue 2/17/26 Mon 3/2/26 212214 Mechanical Final Inspection 0 days 0% Mon 3/2/26 Mon 3/2/26 213FF215 Interior Finish Carpentry (SOV #34) 17 days 0% Wed 2/18/26 Thu 3/12/26216 Wainscot 8 days 0% Wed 2/18/26 Fri 2/27/26 191217 Wharf Wood Finishing 3 days 0% Fri 2/27/26 Tue 3/3/26 216FS-1 day218 Wharf Wall Paneling 3 days 0% Tue 3/3/26 Thu 3/5/26 217FS-1 day219 Reception Desk Paneling 2 days 0% Thu 3/5/26 Fri 3/6/26 218FS-1 day220 Wood Wall Paneling 3 days 0% Fri 3/6/26 Tue 3/10/26 219FS-1 day221 Corner Guards 2 days 0% Tue 3/10/26 Wed 3/11/26 220FS-1 day222 Interior Signage 2 days 0% Wed 3/11/26 Thu 3/12/26 221FS-1 day223 Acoustics (SOV #36) 18 days 0% Fri 3/13/26 Tue 4/7/26224 Ceiling Baffles 10 days 0% Fri 3/13/26 Thu 3/26/26 215225 Ceiling Stretch Fabric 4 days 0% Fri 3/27/26 Wed 4/1/26 224226 Wall Panels 4 days 0% Thu 4/2/26 Tue 4/7/26 225227 Finish Electrical (SOV #32) 95 days 0% Thu 11/20/25 Wed 4/15/26228 Main Switchgear Delivery 0 days 0% Thu 11/20/25 Thu 11/20/25 15FS+164 days229 Triad Switchgear Install/QAQC 20 days 0% Fri 11/21/25 Mon 12/22/25 228230 PGE Scope 25 days 0% Wed 1/28/26 Wed 3/4/26231 Waiting Period 20 days 0% Wed 1/28/26 Wed 2/25/26 229FS+20 days232 Transformer, Conduit/Wire to transformer 5 days 0% Thu 2/26/26 Wed 3/4/26 231233 Finish Electrical Tasks 20 days 0% Thu 3/5/26 Wed 4/1/26 230234 AV Equipment 5 days 0% Thu 4/2/26 Wed 4/8/26 233235 Testing 5 days 0% Thu 4/9/26 Wed 4/15/26 233,234236 Electrical Final Inspection 0 days 0% Wed 4/15/26 Wed 4/15/26 235237 Landscaping (SOV #35 & Patio Project) 35 days 0% Wed 2/11/26 Wed 4/1/26238 Fountain 5 days 0% Wed 2/11/26 Wed 2/18/26 230FS-15 days239 Irrigation 5 days 0% Thu 2/19/26 Wed 2/25/26 238240 Gravel Bases 2 days 0% Thu 2/26/26 Fri 2/27/26 239241 Top Soil 3 days 0% Mon 3/2/26 Wed 3/4/26 240242 Planting 7 days 0% Thu 3/5/26 Fri 3/13/26 241243 Mulch 3 days 0% Mon 3/16/26 Wed 3/18/26 242244 Bike Rack 2 days 0% Thu 3/19/26 Fri 3/20/26 243245 Wood Benches 3 days 0% Mon 3/23/26 Wed 3/25/26 244246 Landscaping Repairs 5 days 0% Thu 3/26/26 Wed 4/1/26 245247 Striping 3 days 0% Thu 4/2/26 Mon 4/6/26 237248 Punch List Walk 0 days 0% Tue 4/7/26 Tue 4/7/26 223249 Punch List Tasks 10 days 0% Wed 4/8/26 Tue 4/21/26 248250 Substantial Completion 0 days 0% Tue 4/21/26 Tue 4/21/26 251251 Building Final Inspection 0 days 0% Tue 4/21/26 Tue 4/21/26 249252 Closeout Procedures 75 days 0% Mon 12/8/25 Wed 4/1/26 11/27
12/23
12/17
2/3
2/13
3/2
11/20
4/15
4/7
4/214/21
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 TaskSplit
MilestoneSummary
Project SummaryInactive Task
Inactive MilestoneInactive Summary
Manual TaskDuration-only
Manual Summary RollupManual Summary
Start-onlyFinish-only
External TasksExternal Milestone
DeadlineCritical
Critical SplitProgress
Manual Progress

Page 2 ends

Project: Overall Project SchedulDate: Thu 9/4/25
522
Item 9 D.

District / Owner City of Capitola
Project Name: Community Center Renovation Project Contract Value $ 4,726,000.00 Contingency (Allowance) $ 477,000.00
Total Contract Value $ 5,203,000.00
Change Order Request (COR) Log Total Approved COs $ 180,088.07 Updated: 9/12/2025 Total Pending COs $ 249,624.09
Exposure Subtotal $ 429,712.16 8% Percentage of Contract Remaining Contin/Allow $ 47,287.84 10% Percentage Remaining Date Description Expenditure Status Approved Pending
5/29/2025 Meeting Room Ceilings $ 724.50 Approved $ 724.50 $ - 5/29/2025 Interior Siding Replacement Product $ 4,250.32 Approved $ 4,250.32 $ - 5/29/2025 Plumbing Submittal Scope Changes $ 4,309.68 Approved $ 4,309.68 $ - 5/29/2025 Lighting Locations and Controls $ 5,340.00 Approved $ 5,340.00 $ - 5/29/2025 CMU Wall Wood Repairs $ 6,267.50 Approved $ 6,267.50 $ - 5/29/2025 Plumbing Scope Changes Discovery $ 7,607.50 Approved $ 7,607.50 $ - 5/29/2025 Operable Wall Mounting Details $ 7,727.00 Approved $ 7,727.00 $ - 5/29/2025 Hallway ceiling Framing $ 9,059.00 Approved $ 9,059.00 $ - 5/29/2025 Additional Door Placements $ 10,425.80 Approved $ 10,425.80 $ - 5/29/2025 Post Placement at Existing Steel beams $ 12,393.55 Approved $ 12,393.55 $ - 5/29/2025 Roof Deck Build up $ 12,999.23 Approved $ 12,999.23 $ - 5/29/2025 Exterior Sheathing Wood Rot $ 18,906.09 Approved $ 18,906.09 $ - 5/29/2025 Mold Remediation $ 24,246.67 Approved $ 24,246.67 $ - 6/12/2025 Structural Engineer Truss Reinforcement $ 1,334.00 Approved $ 1,334.00 $ - 6/12/2025 Operable Wall Support $ 3,128.00 Approved $ 3,128.00 $ - 6/12/2025 Bathroom Accessory Clashes $ 9,061.09 Approved $ 9,061.09 $ - 6/12/2025 Switchgear clearance issues $ 14,087.50 Approved $ 14,087.50 $ - 8/19/2025 Refrigerator Water Valve at Capping $ 528.11 Approved $ 528.11 $ - 8/19/2025 Furred Wall at Electrical Room $ 724.50 Approved $ 724.50 $ - 8/19/2025 Damaged Trash Enclosure Drain Vent $ 1,000.00 Approved $ 1,000.00 $ - 8/19/2025 Damaged Vent Above Kitchen Hood $ 1,000.00 Approved $ 1,000.00 $ - 8/19/2025 Leaking Sink Valves $ 1,000.00 Approved $ 1,000.00 $ - 8/19/2025 Urinal Waste Height Rough-In $ 2,383.30 Approved $ 2,383.30 $ - 8/19/2025 Stainless Steel Replacement in Kitchen $ 4,784.00 Approved $ 4,784.00 $ - 8/19/2025 Alarm, Ansul, And Hood Controls Integration/Wiring $ 7,854.55 Approved $ 7,854.55 $ - 8/19/2025 Air Supply Register Changes $ 8,946.18 Approved 8,946.18 $ - 6/12/2025 Add generator scope ($159,741.00-original bid) $ 127,863.00 Pending $ - $ 127,863.00 8/19/2025 Conduit/Gas Lines demo in Mechanical Well (ROM) $ 500.00 Pending $ - $ 500.00 8/19/2025 Access Panel at Mechanical Well #3 n(ROM) $ 2,000.00 Pending $ - $ 2,000.00 8/19/2025 Gas Line Modifications at Kitchen (ROM) $ 2,000.00 Pending $ - $ 2,000.00 8/19/2025 Flashing Detail at Landings Confirmation (ROM) $ 2,200.00 Pending $ - $ 2,200.00 8/19/2025 Wharf Wood Alternate Materials $ 4,500.00 Pending $ - $ 4,500.00 8/19/2025 Kitchen Exhaust Fan Curb Height (ROM) $ 9,061.09 Pending $ - $ 9,061.09 8/19/2025 Old Castle Perk Alternate (ROM) $ 10,000.00 Pending $ - $ 10,000.00 8/19/2025 Kitchen Makeup Air Unit Replacement (ROM) $ 11,500.00 Pending $ - $ 11,500.00 8/19/2025 PGE Off Site Scope of Work (ROM) $ 80,000.00 Pending $ - $ 80,000.00 TOTALS $ 429,712.16 $ 180,088.07 $ 249,624.09
Change Order Categories
Regulatory & Safety
Utility Coordination (PG&E/Electrical/Mechanical)
Discovery/Coordination Adjustments
Generator
523
Item 9 D.

Construction Photo Exhibit
Exhibit 1: Kitchen Interior Demolition & Ceiling Work
Exposed framing, insulation, and partial drywall installation with ceiling electrical roughins.

524
Item 9 D.

Construction Photo Exhibit
Exhibit 2: Roof Demolition and Temporary Covering
Crew working on roof structure, black sheathing in place for weather protection.

525
Item 9 D.

Construction Photo Exhibit
Exhibit 3: Structural Beam and Column Reinforcement
Close-up of new beams and steel brackets installed on concrete support columns.

526
Item 9 D.

Construction Photo Exhibit
Exhibit 4: Roof Sheathing Installation
Multiple workers fastening new roof sheathing in place.

527
Item 9 D.

Construction Photo Exhibit
Exhibit 5: Plumbing Rough-In
Exposed plumbing pipes at restroom wall during rough-in stage.

528
Item 9 D.

Construction Photo Exhibit
Exhibit 6: Covered Outdoor Area Progress
Painted roof soffit and posts; site grading visible in foreground.

529
Item 9 D.

Construction Photo Exhibit
Exhibit 7: Sidewalk Trenching
Crews trenching along sidewalk for underground utilities.

530
Item 9 D.

Construction Photo Exhibit
Exhibit 8: Interior Framing
Interior stud framing walls in progress with open ceiling.

531
Item 9 D.

Construction Photo Exhibit
Exhibit 9: Interior Concrete Patch
New concrete patch inside building covering utility trench.

532
Item 9 D.

Construction Photo Exhibit
Exhibit 10: Entrance Concrete Work
Heavy equipment and crews performing grading and concrete work at building entrance.

533
Item 9 D.

Construction Photo Exhibit
Exhibit 11: Exterior Waterproofing
View of new waterproofing along the exterior wall, with wood ceiling soffit above.

534
Item 9 D.

Construction Photo Exhibit
Exhibit 12: EV Charger Trenching
Long trench cut through asphalt for conduit installation, extending approximately 300 feet.

535
Item 9 D.

Construction Photo Exhibit
Exhibit 13: Main Room Drywall Installation
Interior drywall installed in large main room; steel beams and electrical rough-in visible.

536
Item 9 D.

Construction Photo Exhibit
Exhibit 14: Concrete Work – Excavation and Foundation
Excavation and demolition at the building entry; equipment breaking up existing concrete. 537
Item 9 D.

Capitola Community Center Renovation
Quarterly Progress Report
City Council
September 25, 2025
538
Item 9 D.
• Constructed in 1985
• 5,792 sq. ft. single-story
• Hub for meetings, recreation,
and public events
• Project ensures:
• Long-Term Use Agreement
compliance
• Modern safety, accessibility,
energy efficiency
• Community resilience and
emergency readiness
Background
Community Center Progress Report
539
Item 9 D.
• Funding sources: local
funds, state & federal
grants
• Design completed: 2024
• Site prep: early 2025
• Contract awarded: SSB
Construction, Jan 30, 2025
Background
Community Center Progress Report
540
Item 9 D.
• Drywall installation
underway, taping &
finishing in progress
• Electrical rough-in
complete with new
service panels
• HVAC systems being
fitted out
Construction Progress Interior
Community Center Progress Report
541
Item 9 D.
• Roofing:
insulation &
membranes
installed;
standing seam
roofing this fall
• Storm drain
improvements
underway
• Patio demolition
& grading
complete; fossil
wall & retaining
walls in October
Construction Progress (Exterior & Sitework)
Community Center Progress Report
542
Item 9 D.
• 42% complete as of
Sept 1
• Key milestones:
• Drywall & roofing –
Fall 25
• Storefront &
windows – Winter
25/26
• Interior finishes –
Early 26
• Substantial
completion: April 2026
Project Schedule
Community Center Progress Report
543
Item 9 D.
• Approved to date: ~$180,000 (4% of contract)
• Pending: ~$122,000 → Total ~$302,000
• Categories:
• Regulatory & Safety (e.g., mold remediation)
• Utility coordination (PG&E adjustments)
• Discovery/coordination items (plumbing, trusses,
mechanical)
• Minor/other repairs
• Within contingency allowance
Change Orders/Fiscal Impact
Community Center Progress Report
544
Item 9 D.
• Existing generator incompatible with new threephase service • New generator cost: ~$128,000
• If added: total COs ~$430,000 → ~$47,000
contingency remaining
• Staff recommends deferring decision until
related bids are complete
Change Orders - Generator
Community Center Progress Report
545
Item 9 D.
• Risks:
• PG&E coordination
(may extend into
2026)
• Weather impacts
on patio/concrete
• Long-lead
materials
(switchgear,
storefront, HVAC)
• Next focus: stay on
track with roofing,
drywall, and patio
construction
Risks & Upcoming Focus
Community Center Progress Report
546
Item 9 D.

Other Jade Street Site
Projects
Community Center Patio Improvements
• Separate CDBG-funded contract with SSB
• Retaining wall & fossil wall work in October
Jade Street Park Restroom Renovation
• Bids opens October 14, 2025
• 3-month construction: ~$500,000 budget
Treasure Cove Playground
• Bids received August 21, 2025
• Budget: ~$2.34M
547
Item 9 D.

Next Steps
• Renovation on schedule for April 2026
completion
• Patio & playground projects advancing in
parallel
• Staff will continue to monitor COs, risks, and
PG&E coordination
548
Item 9 D.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: Public Works Department
Subject: Award of Construction Contract for Treasure Cove Playground Project Recommended Action: Adopt a resolution awarding the construction contract for the Treasure Cove Playground Project to SSB Construction, Inc. in the amount of $2,446,238, authorizing the City Manager to execute the construction contract, and authorizing the Public Works Department to issue a notice to proceed upon final contract execution.

Background: In June 2025, the City Council approved construction plans for the Treasure Cove Playground, Jade Street Park public restroom renovation, and Community Center patio improvements, and authorized staff to advertise the projects for competitive bids. Funding for these improvements is supported by local funds, community fundraising led by County Park Friends, and the City’s recently awarded $3.2 million Community Development Block Grant (CDBG) allocation, which fully funds the playground, restroom, and patio scopes.

The Treasure Cove Playground will replace the existing 1999-era playground, which no longer meets current accessibility standards, with a universally accessible, ocean-themed play space designed with extensive public input.

These improvements build upon the ongoing Community Center Renovation Project, currently under construction by SSB Contracting, Inc., and will complete the City’s commitment under the Long-Term Use Agreement (LTUA) with the Soquel Union Elementary School District for substantial upgrades at Jade Street Park.

Discussion: The Treasure Cove Playground Project was advertised for construction bids on July 21, 2025. A mandatory pre-bid conference and site walk were held on August 5, 2025, and bids were opened on August 21, 2025. The City received four bids, listed below.

Bidder Bid Amount Responsiveness Status
S&H Construction $2,168,600 Non-Responsive
Galeb Paving $2,285,000 Non-Responsive
SSB Construction $2,446,238 Lowest Responsive & Responsible CWS Construction $2,785,000 Responsive & Responsible
To be considered for the project, a bid must meet the qualifications outlined within the Notice Inviting Bids and comply with the requirements of the bid documents (responsive). For a bid to be considered responsible, a bidder must show that they are capable of performing the work. Upon review, two of the four bids were determined to be non-responsive. S&H Construction submitted several required CDBG forms that were incomplete or unsigned, and Galeb Paving provided post-bid documentation that did not match subcontractor information submitted at bid time. Because these deficiencies involve mandatory CDBG compliance, both bids were determined to be non-responsive.

The lowest responsive and responsible bidder is SSB Construction, Inc. in the amount of $2,446,238.

While this bid is higher than the amount budgeted for the playground project, staff will review all three Jade Street Park projects (playground, patio, and restroom) collectively to ensure the overall site can be delivered within the existing funding allocations.
549
Item 9 E.

The Jade Street Park Restroom Renovation Project is currently out to bid, with bid opening scheduled for October 14, 2025, at 11 AM. Staff anticipates returning to Council in late October or early November with a recommendation for award of the restroom contract, along with any proposed adjustments to the other site projects necessary to remain within the combined project budget.

Construction for all projects is anticipated to begin in fall 2025, following execution of contract documents and coordination between SSB Contracting, Inc. and the firms awarded the playground and restroom work. Construction will be sequenced to minimize conflicts with ongoing work and maintain public access.

Substantial completion is expected by summer 2026.

Fiscal Impact: The four projects at the Jade Street site are funded by a combination of local General Fund allocations, County Park Friends fundraising, and 2025 CDBG funds. Funding sources are summarized below.

Jade Street Park Improvements – Project-Level Budget Detail Category Amount Funding Source(s)
Community Center
Pre-Project Modifications $34,000 General Fund
BLRA Design $580,000 General Fund
Cummings Construction Management (Pre-CDBG) $300,000 General Fund PG&E Service Upgrade $45,000 General Fund
SSB Construction, Inc. Contract $4,726,000 CNRA ($1,000,000), CDBG 2024 ($3,365,000),
General Fund ($361,000)
Construction Contingency $477,000 General Fund
Playground
Verde Design $194,000 General Fund
Verde Construction Support $99,000 General Fund
Construction $2,446,500 CPF Fundraising
($965,000), CDBG 2025
($1,375,000)
Restroom
BLRA Design and Construction Support $58,000 General Fund Construction (with Contingencies) $500,000 CDBG 2025
Not yet awarded
Patio
BLRA Design and Construction Support $70,000 General Fund SSB Construction, Inc. Contract $1,055,000 CDBG 2025
Construction Management
Cummings Construction Management (New Phase) $242,000 CDBG 2025 Total $10,826,500
550
Item 9 E.

Jade Street Park Improvements – Overall Budget Summary
Funding Source Revenue Expenditure
General Fund – Community Center $1,800,000 $1,797,000
CNRA Grant – Community Center $1,000,000 $1,000,000
General Fund – Playground $475,000 $421,000
CPF Fundraising – Playground $965,000 $965,000
CDBG 2024 (Community Center) $3,365,000 $3,365,000
CDBG 2025 (Playground, Restroom, Patio) $3,200,000 $3,172,000 Total $10,805,000 $10,826,500
Environmental Determination: The projects are categorically excluded under the National Environmental Policy Act (NEPA) pursuant to 24 CFR 58.35(a) and exempt under the California Environmental Quality Act (CEQA) Section 15301 for existing facilities. The improvements will remain in the same use and will not result in significant environmental impacts.

Attachments:

1. Resolution

2. Draft Construction Contract – Treasure Cove Playground Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
551
Item 9 E.

RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

AWARDING THE TREASURE COVE PLAYGROUND PROJECT CONSTRUCTION

CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXCUTE THE CONSTRUCTION

CONTRACT
WHEREAS, in June 2025, the City Council approved plans and specifications for the Treasure Cove Playground Project, a component of the Jade Street Park improvements, and directed staff to solicit bids for construction; and
WHEREAS, the City of Capitola published and distributed a Notice Inviting Bids on July 21, 2025, in accordance with Capitola Municipal Code Section 3.16.095 (Public Projects – Formal Bid Procedures); and
WHEREAS, four bids were received on August 21, 2025, following a mandatory pre-bid conference and site walk held on August 5, 2025; and
WHEREAS, two bids were deemed non-responsive due to deficiencies in mandatory Community Development Block Grant (CDBG) compliance, and SSB Construction, Inc. was determined to be the lowest responsive and responsible bidder with a bid amount of $2,446,238; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Capitola, California, does hereby award the Treasure Cove Playground Project construction contract to the lowest responsive and responsible bidder, SSB Construction, Inc., in the amount of $2,446,238.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the construction contract on behalf of the City and authorizes the Public Works Department to issue the Notice to Proceed upon final contract execution.

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 25 th day of
September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Joe Clarke, Mayor
ATTEST:
________________________________
Julia Gautho, City Clerk
552
Item 9 E.

Agreement 00 5200 - 1 Treasure Cove at Jade Street Park DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 25th day of September, 2025, by and between SSB Contracting, Inc. whose place of business is located at 1161 Terven Avenue, Salinas, CA (Contractor), and CITY OF CAPITOLA, a political subdivision of the State of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

TREASURE COVE AT JADE STREET PARK
at 4400 Jade Street, Capitola, CA 95010
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum of Two million four hundred forty-six thousand two hundred thirty-eight dollars ($2,446,238.00) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

B. The Contract Sum includes all allowances (if any).

C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

COMMENCEMENT AND COMPLETION OF WORK

1.03 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed.

B. Owner reserves the right to modify or alter the Commencement Date.

1.04 Completion of Work
A. Contractor shall achieve Substantial Completion of the entire Work within 180 Calendar Days from the Commencement Date.

B. Contractor shall achieve Final Completion of the entire Work within 210 Calendar Days from the Commencement Date.
553
Item 9 E.

Agreement 00 5200 - 2 Treasure Cove at Jade Street Park ARTICLE 2 PROJECT REPRESENTATIVES

2.01 Owner’s Project Manager
A. Owner has designated the Public Works Director as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities.

B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

2.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated [________] as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.

B. Contractor has designated the following other Key Personnel for the Project:

Name Position
ARTICLE 3 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

3.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner Five Thousand dollars ($5,000.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Two Thousand Five Hundred dollars ($2,500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 4 CONTRACT DOCUMENTS

4.01 Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

Document 00 5100 Notice of Award
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
554
Item 9 E.

Agreement 00 5200 - 3 Treasure Cove at Jade Street Park Document 00 7301 Supplemental General Conditions
Document 00 7316 Supplemental Conditions – Insurance and Indemnification
Document 00 7320 COVID Requirements
Document 00 7324 In-Use Off-Road Diesel-Fueled Fleets Regulation Document 00 7380 Apprenticeship Program
Document 00 9113 Addenda 1-4
Specifications Divisions 1 through 33

4.02 There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 5 MISCELLANEOUS

5.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

5.02 Contractor and Owner understand and agree that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

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

5.04 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

5.05 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to Contractor’s employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

5.06 This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Capitola, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of Santa Cruz, California.

IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CITY OF CAPITOLA: CONTRACTOR:
555
Item 9 E.

Agreement 00 5200 - 4 Treasure Cove at Jade Street Park By: ______________________________
City Manager
Name: ______________________________
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
ATTEST:

By: ______________________________
City Clerk
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
1099 INFORMATION:

Contractor Taxpayer I.D. No.: ________________
APPROVED AS TO FORM:

By: ____________________________
City Attorney

END OF DOCUMENT
556
Item 9 E.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: City Manager Department
Subject: City Council Request for a Special Meeting
Recommended Action: Identify potential dates, structure, and topics for the proposed meeting.

Background: On August 28, 2025, City Council Member Westman requested an all-day special meeting to be held on a Saturday to discuss ongoing and pending City projects in Capitola. Council Members Morgan and Jensen voiced support for Council Member Westman’s request for a Saturday meeting.

Following the Council’s request, staff attempted to find a suitable Saturday before the end of 2025 to hold an all-day Special Meeting. Due to preplanned City special events, holidays, and prior commitments, staff was not able to find an available Saturday to hold the requested meeting.

Staff has prepared a calendar of existing meeting dates (Attachment 1). Due to the Thanksgiving Holiday, there is currently a Regular Council Meeting scheduled for November 20, just one week after the regularly scheduled November 13 meeting. Due to the back-to-back nature of these meetings, the second November meeting could potentially be repurposed; with an agenda to discuss the topics desired for the Special Meeting.

The next regularly scheduled high-level project overview, financial outlook, and strategic plan check-in will be in February or March, in preparation for drafting the fiscal year 2026-27 budget.

On March 6, 2024, staff presented a comprehensive overview of ongoing and pending projects as a part of the FY 2024-25 budget developments. A link to the agenda materials is included as Attachment 2. If, at the requested Special Meeting, the Council wishes to discuss ongoing and pending projects, that meeting could serve as a template for the meeting’s structure.

Discussion: Staff seeks direction on potential dates, structure, and topics for the requested meeting.

Depending on the proposed topics and amount of background materials needed, staff recommends a two- to three-week lead time for meeting preparation.

Fiscal Impact: For meetings held in the City Council Chambers, costs associated with noticing and broadcasting a Special Meeting are estimated at $1,300, not inclusive of any potential employee costs.

Costs to record and/or broadcast the meeting from an off-site location are higher.

Attachments:

1. Calendar of currently scheduled City meetings

2. https://mccmeetings.blob.core.usgovcloudapi.net/capitolaca-pubu/MEET-Packetebb71da1a2ba4eec9e4d90a216bfcff7.pdf Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Chloé Woodmansee, Assistant to the City Manager; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
557
Item 9 F.
558
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Neighbors, Concerned Citizens of CapitolaSTAND UP NOW! • CMC 8. 72 is the Law- Capitola voters passed it to keep the trail in the rail corridor.- If the City Council violates this law, they violate their oath of office. Save Park Avenue, Keep it City Property!
• Keep the Trail on the Rail- Protect City Property- RTC purchased the Rail Corridor for a trail. • SAFETY Above All Else- They want to remove our Bike lanes on Park Ave. and combine that with our sidewalk into one path! Image Kids onE-bikes riding at you at 20 MPH, in a shared 12-foot space! That is irresponsible and dangerous! We have separate Bike/Sidewalk already Leave it alone
• Protect and Preserve the Monarch Butterfly- Park Ave Realignment tree study hasn't been done and will affect this endanged species.
• Save the Historic Trestle- don't let it be sacrificed. It can't hold a Train but it can support People! • Don't let us lose our land, parking, or local control to outsider pressure.

Scan the QR Code to join the Contact list and get more
information.- We need to Unite!!
Email us at [email protected] or
Call/Text 831-222-0179
"A group of Capitola residents who are concerned about preserving the past, enjoying the present, and enhancing the future':

RECEIVED
SEP 2 5 2025
_ oncerne ____
•
CCoC ont eJ•ncd Hizt.·n~ oi
t:at•itola

RECEIVED
SEP Z 5 2025

Code of Conduct Violations- Timeline of Facts
This packet contains screens hots and documentation entered into the public record showing my goodfaith efforts to resolve the harm caused by Councilmember Orbach's public remarks from the dais on April17 and June 26, 2025.

These documents show a consistent pattern: no complaints, no police reports, no investigation- yet public accusations were made and repeated as fact.

Relevant Code of Conduct Sections Violated (Administrative Policy 1-42) • §5.1 -Decisions on the Merits
Members must act on facts and evidence, not feelings or bias. • §5.3- Consider All Sides
Members must allow fair engagement and due process before declaring guilt. • §5.4- Decorum
Members must refrain from abusive conduct, personal charges, or verbal attacks. • §6.1.2- Avoiding Impropriety
Members must not engage in retaliatory, biased, or dismissive behavior. • §7.2.2- Professional Conduct in Meetings
Members must keep meetings focused on City business, not personal attacks. • §7.2.4- Public Communication
Members must express dissent with tact and civility.
• §8.3.1 -Oath of Office
Members must report any alleged threats or crimes through proper legal channels, not use the dais for accusations.

Each page contains FACTS documented in real time:
• April-May 2025: Calls, texts, and meetings with Chief Ryan and Mayor Clarke requesting resolution and civility.
• June 2025: My formal complaint filing; Councilmember Orbach's email about CRC mediation, followed by her doubling down that evening.
• July 2025: My good-faith email responses; her curt replies rejecting accountability. • August-September 2025: Continued harm from orchestrated support letters repeating "perceived harassment" without evidence.

Closing
This is not about politics. It is about truth, accountability, and protecting Capitola residents from slander and misuse of the dais. These FACTS must be weighed against feelings and narratives.

9/25/25, 10:59 AM Gmail - 9 B Code of Conduct- FACTS
Gmail Kevin Maguire <[email protected]>
9 B Code of Conduct- FACTS
3 messages
Kevin Maguire <[email protected]> Wed, Sep 24, 2025 at 5:45PM To: City Clerk <[email protected]>, [email protected], "Clarke, Joe" <[email protected]>, "Westman, Susan" <[email protected]>, "[email protected]" <[email protected]>, [email protected], Melinda Orbach <[email protected]> Cc: "Zutler, Samantha W." <[email protected]>
Dear [City Clerk/Mayor/City Attorney].

Please enter the attached documentation into the public record for consideration at the September 25, 2025 Council meeting regarding my Code of Conduct complaint against Councilmember Orbach.

The attached timeline and supporting communications are provided to demonstrate my good-faith efforts, beginning in April, to seek a civil resolution through appropriate channels. These are contemporaneous records that show the steps I took and the responses I received.

My intent in submitting this material is not to expand the scope of the complaint, but to ensure the Council has an accurate factual record as it considers this matter.

Thank you for your time and for including this in the official record.

Respectfully
Kevin Maguire

TIMELINE OF GOOD-FAITH OUTREACH & DOCUMENTED FACTS

4.23.25- voicemail exchange with Chief Ryan requesting assistance with resolution. Followed up with a Phone call.

4.23.25 (8 :04 PM) - Emailed entire Council asking for an apology and resolution.

4.26.25- Text exchange with Mayor Clarke requesting assistance regarding resolution (followed by phone calls).

4.28.25- Met with Mayor Clarke for over an hour to discuss paths to civility.

5.02.25- Texted Chief Ryan reiterating request for peaceful resolution and apology.

5.29.25 - Follow-up outreach to Councilmember Orbach, Chief Ryan, and Mayor Clarke again seeking resolution.

6.12.25 (7:57PM)- Filed formal Code of Conduct complaint against Councilmember Orbach.

6.26.25 (4:23 PM) -First email from Councilmember Orbach in over two months, mentioning CRC mediation.

7.16.25 (10:20 AM) -I responded after returning from travel.

7.16.25 (4:18 PM) - Councilmember Orbach replied with a brief 13-word response to my detailed question about how mediation could address the harm.

7.16.25 (4:26PM) -I clarified: open to mediation, but stressed the need for sincerity and acknowledgment of the real impact of her remarks as part of any resolution.

7.31.25 (1 0:51 AM) -Orbach: "You do not start mediation with a set of conditions. That is not how mediation works. If you would like to move forward with mediation, let me know. This is my third and final offer "

7.31.25 (8 :44PM) - My reply: "Yes, mediation is a voluntary process ... to be honest about the real impact of your public remarks and the need for that harm to be acknowledged at some point in the process, not necessarily at the outset, but as part of any genuine resolution."

8.01.25 (2:01PM)- Orbach replied: ?-word response "Staff from the CRC will reach out." Key Clarifications
• Orbach's "three offers" were not three distinct offers. It was one ongoing conversation, in which I consistently affirmed openness to mediation while emphasizing the need for sincerity. https ://mail.google.com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a :r604654520034337911 &simpl=msg-a:r-6082292299703480... 1/11

9/25/25, 10:59 AM Gmail - 9 B Code of Conduct- FACTS
• CRC has since reviewed the matter and recommended against mediation, confirming this is not a "misunderstanding" but a case of public harm that belongs with the Council. https://mail.google.com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a :r604654520034337911 &simpl=msg-a: r-6082292299703480... 2/11

9/25/25, 10:59AM Gmail - 9 B Code of Conduct- FACTS
... 9 all·
New iMessage Cancel
To:
iMessage
Sat, Apr 26 at 12:43 PM
Mayor Clarke it's Kevin
Maguire
Hope you're doing well
· today
Not sure who's in charge
but the city flag is not at
half staff, but the fire
department is for the
Pope's funeral
I know the council is
dealing with a lot of stuff.

I am trying to come to a
peaceful resolution over
this. Council members
"'"'--'-- -•- -~ .... - __ .... !--
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https :1/mail.google. com/mail/u/0/?ik=d b 7f6190f1 &view=pt&search=all&permthid=thread-a :r604654520034337911 &simpl=msg-a: r -6082292299703480.. . 3/11

9/25/25, 10:59 AM Gmail • 9 B Code of Conduct - FACTS
https :1/mail.google .com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a :r60465452003433 7911 &simpl=msg-a:r -6082292299703480. .. 4/11

9/25/25, 10:59 AM
:),. in:sent @ci.capitola.ca.us
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Request for Apology and Resolution D m:il:3:l
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Kevin Maguire
Capllola , CA95010
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412312025
To:

Mayor and Members of the Capitola City Council
Chief Sarah Ryan, Capitola Police Department
Subject: Request for Apology and Resolution
Dear Council Members,
Gmail - 9 B Code of Conduct - FACTS
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I'm wnting to express concern over recent public remarks made by Council Member Orbach that named me and mischaraderized my actions. I belteve these comments were unfair and created unnecessary tension.

Out of respect for the community and the importanc-e of civility in public discourse I respectfully request a public apology so we can move forward constructively Thank you ror }'O ur time and consideration
Sincerely,
Kevin Maguire
...

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https://mail.google .com/maillu/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a:r604654520034337911 &simpl=msg-a :r -6082292299703480.. . 5/11

9/25/25, 10:59 AM Gmail - 9 B Code of Conduct - FACTS

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Request for Resolution as I Pursue Council Appointment on June 12th 2025 Ke>Jin M;Jguire -1-'•!a•.• 11>,:; .•
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1,11!-o w;ntl lo •oh,uc tit all ~"'lll nd ill>lpplt• fnt till! var.11nt I:OU11Cil :IJtpointmcnl. in ~c ym•r ;,~h r. ll!f'f,ltlo.s. vt ~ ft:ltllisc:mml£)t:'(l fmlll p;utid paTing in cNiug~ t!flll community di !iio.u<o siou s ~.omcU Ji ng hat' ; otlw; !l. bc~n po~tM tllo mn iha 1!11 Hlll n~ltoU . indudill'J i'lnJ.icty :m<l puhl k cmh,lna"><il1lt!nl, has m.1dc i1 tlJO(t' dlffir.uli !o fully Cll!Ji1!JI:! i" Ur r: r•f\OICI ... . ,,h~rcr 1'\'t! !:! ll .1 :l"O!..f'l o! pWfH'l~l! and hvlu n!]ing.

II )O ral} ~eo to dis~s<;ing this iurlh~. ld IM \' folpp!'IK'.t<lle <~ r@SI>¢nSQ b':fo ~ the Jl.lf* l 2:i.'l me<ttl.'lg I beko-v• t\Qving wmJJ l'!!oluti .. 1nbeforoJhindwO'.Jid help us ail move fOr'V'I iHd In a ot')l'f< COIISUU\ o; iind uM~<&d Wily.

Wauntf.

Kt!vin Maguire
Q. in:!'.Ont @ci.<"'.npitola c ... 1.us G) 0 • <- @ D
Formal Complaint Against Councilmember Melinda Orbach I '" •• cmm Kevin Maguire ·o.~-•r.- .li1!-'J' <"' 1~'.., ..
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f:ormal Cnmpl<~ int A9 11in:oot Cou nd lm<tmher Melinrl,, Orh.1ch Submitted b'{ Kevin M~:~!)uir~
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Subject: Fofrnill Cornp!Ainl - Violatko11 ¢{ Cephulti City Covndl Cud"' o! ConJuct by Couootrn& b~:or Me, nc.!.t 01bach lhu, ,!110 \,1
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My name is Kt:\'ill Mdgu.lt::, .. mU l .:irn a b1•J iung Cavrto ill<.!-!.i l.!~nl Ml lu•l lriy h.,~s c;ttlt-d lh ~ crrt m(' ~ir1cc t!~Gij My yr.tnJI JUl<:' (Ad<tmo U i\lnbw:.1o) a n~l ... !dt r cf !Nth \'/1)11d v.'Jt ~ w .ti •n o11.live ci\•ic pJrth:i!Jaul - .:lllt'lllilliOJ ~o. .W amlJ-Io~ n·nu conm1 n nt(oclmy:. ,md wntrihuf!ng lol e!>pOII!#Ibl~ land U'lC ilnou~h UK: Young Ct.~n:..:n.Jti\lrrr:;l.., I p:uudly wnlinli(; tim! !J,u!it.()fl thr ou9h on~Otug ciVIL Cn!}'l9'!1}ll'llt ct nd .llh•oc.:tcy IN \l .tn :. p.u~ncy ml rC"'.~-od Jl'1 p~.~bfl .: o;er•1ic.l:! r;;
I amsutxni:.ung this iormal C<lmp:ainl r.:sgafeklg :he conduct o-f Co unc:i lm.;;m~ !.1r:lktda Oltadl ouring tfl-9-April ll. 2025, CltV Coun~ meeting Dunng lhiil me-:=tinQ. (:(.unolmember 0 1bach used hi:l post.iori un the tl.~ts to put... cty accu~~: mo -L:y n,uuc- of harass-m .. nt and th;eatening bt!ha11 ior 'J hu:.e acUJ:.dMfl~ wmc •nade witituut i!llJ !Jlillr t::onn uunit;,aticm .,.,,c, me , rH• tltout u>' idQn~ :.ndvnhv:sl .:tny due p1.x. .. ~s Thrt w<Yf.! btu<Uk.dSllu Ute! (.Qnlnlullity Jecotd9d in tl ~ cily's offiool H~4:t!ll 9 :uchhe J:td m.:td'.e illlh!! Cl.'ftltu:l ul a put.k rneet111g ·:1IH:It.i pow•.!'l dfl!dll1il".!> illt' mJ!<!q u;ll
rn~ h not the fir st rw. t.1 ~l: whe:rf' .o :-~olft"'mhc ! Orb;"lc;h ha"' mis~C'd the dms- rcpn;,t<rltJ u'lln(] publit ;hnq ;,nd hi?!' pL1tfom1 to rospf)l'!d io r-cr'"..on.11 <tctlctsm and. onina comrncnt;nv. r;\h~r !han feo::u~inq on citv bus<.n'3">S 01 !t'<;pectful cl>.·ir: di"<Go""n Viol.1tions of the Code of Conduct
Cou~·cilmembe l Orbach 'i IX.!mmants dl1eclll' Yk>latE.d key ptO•ItStons- of tt'te Cepnola City Council Code of Cond uct inclodong Sc-c tim1 !i.-1 Couuc:il r:mrdur.t with the Puhfk
co nC: mern~rs &hall celtain from o:1bu~ive c.ondu..:t. persona l h<~ lg(IS or ve1bsl atlads upon the cha racter or rnctive:>- ol m&rn ~rs ot ihc public.· li n r..1.1 - 1\voidinu lmp1oprit!l'r' nnd the AppNuanc c ollmtlrotnicty CoUJI(ilmNTlbcn; "'P. al<;.q ~lfPCC::cd t<~ N! \Ot.rt•">(lll'l ;m ri rt!";pGno;.lv<! lo Pl•blk r:ommunic'tbor.'l< To 1h.11 onri. l racoo:l}• $uhm~fl'd il Public lfs Atl (PRJ\) rcqu ~!l- 1 tn Audd Couf'fifm<>mb<> r fh;~rh:; ccnstnuem ~Qmm nic atlon actMt't ov-sr h~ oa<;t si'< rrof)rdhs <ec~ no 10 u~stand hf!r oattE:o:'TI, of "!!.nr~l\'~5S Rnri cubr t; enono<>rnent ...
https://mail.google.com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a: r604654520034337911 &simpl=msg-a : r -6082292299703480. .. 6/11

9/25/25, 10:59 AM Gmail - 9 B Code of Conduct - FACTS

0.. from:morbach@<:i.cap1tola.ca.us X :;:
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Invitation to Consider Mediation Through the Conflict Resolution Center Me lind:1 Drb11ch ,., -! '· c '~""'=' ~ -1'""
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I'm r\'o:clung ~11:I JUihc hope that \H! c;,;n lim! a path li r.v<:~ rd h<~l prumoiC!o wJrlcrt.:tandinil and el ~; ~:n.:: Uw tcus hm \' \\'I! IIIl . l bt! H~\-t! that, w1 h Ilk• ~~: hl &upport 11's po3stblc ro h3\'C' :1111or.:> product:\·e wd respce:rfu t dJJ!o gu~.

Tn lh:ll ... m!, l" •l liL.- tn i~e you lt ll"on ... i,J .. r wt:r ~ with th:- C'flnfli("t Rt:Sul nfin11 Ct•nit'l" of Sant:t C.ru1. Cnuuty (CRC) c:RC l!i :1 il- :e :t rd \f'lli ll \)ll)lrtl fi l l11<tl h111» ~~ pll l~ mdn:1du:tls. orp.:!U!Z:Jtlons, ::'.nd comnlUJUtJC.J ll.l\'IF!at.: Cl~nfhc l for on:r 35 ·•eMs. 1b.:: tr scn ·•cc: :1tt confid\'IIU:ll. volunmry. :md ccmpktcly ncutr:l.l. The m~ta ou :rc tr:nnt>d pn)li.":>i>i(lJUt\;:; \\ In> :lft> C()Jilffi allt'illo c.'n•shuf! :l t.1fe ;Wd L·~cc:: fful ipal'e fi}r open cc,uuuumcatiCIO and n~ lem !IOI\"iHI! \\1 ~<->flli! r a n mflwl 1s p~c• •a. l pr.lft!~l> ltllml , or tOIIlllmnily-r;:o: l;,lf!'d. CRC off{'(); R r.lll!!'l" (l[ ~tpproo Je'> IO he1p ~:•o plc ho.·Urr unJen.t:md ••nt' anolh"r rli!J r.oll:lhorali\'1':!)' \\'U:io tO\\m solutl'-'ns You C";:),fl lc:!m more ::~bo t !he1: work and phdo:wphy 3t b.!!ps =· w·ww crs:i.Ui1.1 '-!ll~.ll!' My i••il"'nl in rl"'a<·hil1£ ''"\ i'l ICl tl --~r;, u~ th:! .situatinnmtd lm,il,.. 11 J\-'!1\' L: i!LC\ ft mttorv.. il ll~ " ·aid !fd hy t> '\:f!t'rlotnrtt-1 f:u; u~ 1\btll":tll ht."lpus II UWI" ~y l•wl miwndcral.:mdUlf.'S I am walling to am:::ip~ll' utthili pr\IC~ iT you Jf(' OJ.k'!l lo 1t a!' well. nll~l'r <!ly.

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Kevin M:~g irc
O•·ft' (';liJ( e;.i!I>W'!lb.>. \~ o!:.,d • h ~·~I h"' - '•' ,L\'!1 I>IH.O .. 'l id h.?<~<IIJ CI"' '~ I()I' oll U'lln1tl'" C.R<; I m .. -.. t•p fi,.. ;g Y'"~' publv, ''l' 'f li'l•'- •ln •l~ 11 - ..u><! ywa wa 'l r• •~.o~ Melinda Orbach .-, • • - •r •: '' • • · •
r. M~guirG,
lf y(ltJ yn?~ 10 lllo?.!h<llion :tuougll CRC. I can se\ up a mtetirHJ. ~lirld J Orb,RI
:" ;,; ~ola C"t c.~liiii :Hrn· mi •• I
https :1/mail.google. com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a :r604654520034337911 &simpl=msg-a:r -6082292299703480.. . 7/11

9/25/25, 10:59 AM Gmail - 9 8 Code of Conduct - FACTS
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I lllU'>IIJe ckMI yo111 puhltl cornme-nls onAp;i! 17 - and 'O~If Jerl fri:rH..t!ion ultho"e rJ:itiHS un June /G - Co1l;~t:1d r~.1 11 nt1d I..Jst,r:g hilrm Younarn~>r ltl)(ot rluer.Uy, mtt!IA Sf!nous a<:CJJ<;;tlloas of Uucntcnmo hoh~vior, ;md drd so from thn d~is wlltmut ltWCSIJgl'lll()ll ovJdonn'!, r;r any cont~ mr.a\ r(m wnh me l"lte<)(' romcuJ.:!. v:r-rr: m)i !lla® m a 'lacuwn - lhcy·vc SliiCC teen J(.;pcatcd onlntc. rcsul11119 rn ropulatlonal damaqc, ttam s~ r·lC ut, a11d mnohonal dts.trcss lnth ~ da-y r.o fadu~ ! b.'ISIS ha<> bM n prcscnt('d to 5UPfJOr1 YO'J! r. l<~ ims. , and ym1r pubh(. t0$1'ilcnc:c lim! yr.:u -d:t1 r.Clt mro;charac.tcri;:f:!· mo cmly d('cpcn!> IM harrr.. ror ihf' ro~.:ou.i , l wd':i p<:Jrhup<;~.hiiQ rn voal:c lu\ chttc cnqagetrK·nl alonysrde Clurs 1\nrsth.!ll ··-- a ~~ X:t.: d member or lhl' cormnunrty ·-- wlro rs 'N!Ih!l;J 10 coHo~rrJ! e L'Xactiy whet m.o urtHI T! lt-lr~ wd-. rrdlhiii!J lhHMieHH)IJ , !Hflppmpmilt!, or IIHrd<;..,!lltJ rrbout ow w !ir!/1 .. Wtt drt!rr'l \'t&ld~l !he !l€1Vhhmlmocl kiflf.)J ~ple to ~:tllll"- l'thsre ~·P, IiY a, ~ wortJ: r.anvn~ .. ··~mo. r. tlanr.g rryr:rr. ro ratso awmon<"l"i5 i"ve prev•cu<; fy ffll ~mp d lrt ?.<ldrd"S lhi5!TII't!!@f r~-.; ~· tflrlly and nu lh !tK~ l clltmn~ !-. , rnch:cting ll rt~.-u: h In Mayor Clarke and Chief Ryan "~< llll f whnm ff f-r~d lo help rmxtrato r hose 9tfm ~ woro nnt ar.ccplod b-y you That has loll mo W!ih low cp\10:"1:'", I l~f) 'o'/dr:tto lffi.~t> 11 sim:PrP. queslitlll what exactly does Ure Conflict Resolution Center offer 1!1.-.1 w uh!n'l ah erl'!y have bfltln <rdl!flved lh1ough rt diro.ct, r1 cEht..t t~ ! r.cnvnrs3 tmn \'.1:h !he lolayc:r ex Ch•cl or 11ohC<' -· !'No rco::pc\.lcd, nnumutcudors who arc rc:otod mUl ~ commumty aJld \'.110 oxlcndcd rrust<m otters :o help? f, ~0-m•nu!o ETI.::e. rJ .; coukJ !•ave cleared the arr "I hmr rn'IO!vomem would !)ave allowe<l ~ to spcolio:Ultmly, und.crsiand cno anothcE , emU dcc"'calatc UE!llQ$ o•oarucali\'. n~t0dt! , lllo':io tJifeE S wtrre reJ ·to-!:.! l!lld !Ire cunfli<:t ~ Hk1!ed I t1C COin i'.>Suc h~IC \'li:.l !.n't za~Hccmcnt ·- rt was your public mischaracteriz~tion and accusation, m.::u:lo WjthOul due dtllqcacc. So I ask rn ~ood !allh : r/ local, 111111""-lrai-H re.;olulion wd.:.;n·t i-1.11 optiorrll len, why i:> CRC I he S()Jutioll now? i~ I Ry<~il is highly lrrtrnE'd in m nOKt re-;o\ulrun. Jots well HS ow Mayo!'s hackgH)U;ld in lnw t!:l/O((";('rfiPfll
·hlla wrw JI wn Ill rt ln iiv~ UidJogut:l, ll)l:ilteve ttrat a public mischarncterization by an elected official warra nts public remediation lvladralion lh!OUJh CRC r.oul:1 polcnhally help, but Qnty rl both pm1tO'i c wtlliO!J to cntnr tho pux.Qc;s wrlh • A l.ihdred um:ef">IHIIdintJ lh<~t ngs. HIP. not fcM.I!> • ,, hn t.~-s to <Kit.nowlct!oc IIIH lii"IVdLI c t one~ 1:!Ctrons aut1 whc:c iipp C;po~ c l:ltLcpl JOUsltliiity • A gcnu:nc cttor\ iO rcbu,ld trust through ctcar coornwnJcatron and acccunt..:;t:tilt·,' • ('. O{j lll\l r;~ ;:~ t public harm requires 01 public 3pology ···-w:rt:..1.!1y lrom lfln cJ,ar,, lc w rrcct itlo putJlit: I(>(.Ord :,1nd rostom r(Licgrriy.

I) r:xnmt>le "AI 0:1 prevl<>u!> <.:<>unci! ~lilliJ , l tll<'lde r:ommenls tiM I nrtntecl Kh'.'in M.tQlJiJt- iinrl 11r.c .. ri! 1~d evenb h<:t'>Bd on hD"N I fell a t \Ire hme In hind::>i{lllt, ! mr.oqnrm !lui\ I spoko wrthout ln.9 ;•rm~fliVJ oso J~i s ("lr havmg any di l"or.t r.ornmunimtinn with 11im 1 understand now thai my word!> rm ~od ha ~m (l!ld tor tlr{:l.l. 1 sincerely epctogtZc. I hope tlli:; :;;tatarncnt hclp':i llcg:n lnc procos-:; of ICStorlng trust .and I rt~mi:J;n c:xnrtllttcd to 1110rc rcspc-cllul c v•dcnt"l'-ba:;cd ronuwmication muvinu fmwwd ~ (l g1vl! cuceul lo U!M) my n~lfle 111 a pubiK: l'lpulogy . KM ) 1 will talif' 11mo to learn moro abo\11 ~c·s process If n aJ ns Wl~h lhc values flhovo. and you ilrc gPnuino1y rornmdled to r.cou nlc'lh ll d~·, t would c.cnslctor par11!:!f.lahng Oo vou ha·10 a C.(llr! l ~K! <.>, or started tm tt..-ss ak!2di.Jy? ls lhcr<.' a cost to th ~? Wll:J wlfl t.KK:Jr ~o o_-.st:;·; l3 rrt kn mono f>f~ :ml y rlc:mr · this matter Is not about a misunderstilnding- it Is about publi c harm Mll rosoluhon must rolh'Ct t!":al tmth nr£~: t~ .

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https://mail.google .com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a :r60465452003433 7911 &simpl=msg-a:r -6082292299703480... 8/11

9/25/25, 10:59 AM

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9/25/25, 10:59AM Gmail - 9 B Code of Conduct - FACTS

0.. from morbach@ri Oipito!R cA.iiS X ;-,O 0 0 ......
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You do no \ stm! met.!l:.~iior. 1'/i!!l :1 !>ct of co.nOI\iotl!< . ThJi IS not how mcdl.:nlon work5 H )'t.'U would lik:c \;,l fTl OH' turwmd Wl\ll rncdiution. lct me Know. 11 \I'J. ~ rny t!ltrc.J and (Jn(;( Of1Pt.
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--------------------
From: Kevin Maguire <kmaguire831 @gmail.com>
Sent: Wednesday, September 24, 2025 5:45 PM
A.Jg~.XJ:: :UI> .. ,• <.t- Q h
To: City Clerk <cityclerk@ci. capitola .ca.us>; City Council <citycouncil@ci .capitola.ca.us>; Clarke, Joe <[email protected]>; Westman, Susan <swestman@ci. capitola.ca.us>; Gerry Jensen <gjensen@ci. capitola.ca.us>; Margaux Morgan <mmorgan@ci. capitola.ca.us>; Melinda Orbach <[email protected]>
Cc: Samantha Zutler <[email protected]>
Subject: 9 B Code of Conduct- FACTS
https :1/mail.goog le.com/mail/u/0/?ik=db 7f6190f1 &view=pt&search=all&permthid=thread-a :r604654520034337911 &simpl=msg-a: r -608229229970348... 1 0/11

9/25/25
Capitola City Council
420 Capitola Ave.

Capitola, CA 95010
[email protected]
Subject: Support for Councilmember Orbach

RECEIVED
SEP 2 5 2025

CITY OF CAPITOLA

CITY CLERK'S OFFI E
I am writing to express my strong support for Councilmember Orbach and to urge any dismissal of a code of conduct complaint against them. It is vital that our community and leadership recognize this action for what it was: a defense against intimidation, harassment and a perceived threat, not a personal attack. t. 'IL I ' While public officials are often expected to endure aggressive and often intimidating behavior, Councilmember Orbach called the behavior into the open. The response to the harassment they endured is not a reflection of their character or their work, it was an attempt to stop the perceived threat and set boundaries, just as we teach children to call out bullying.

The harm caused by harassment extends beyond the individuals involved. A councilmember's experience of harassment can create a climate of fear that not only harms the councilmember but impacts the entire community and the democratic process. Repairing this harm is a collective effort.

It is important for our community and its leaders to strive for respectful communication and to seek constructive ways to address disagreements. Councilmember Orbach's actions in apologizing and offering to participate in mediation shows accountability and demonstrates a willingness to engage in such a process.

Council member Orbach needs your support right now.

We should support our elected leaders when they stand up to intimidation, rather than penalize them, and instead ensure a restorative process moving forward, provide greater assistance to new off1cials to build trusted support systems that center their reasons for serving their community. Strengthening ways to foster civility between the public and public officials helps create a culture where abusive behavior is not tolerated.

By taking these steps, you can turn a negative incident into a powerful opportunity for positive growth, promoting a respectful and inclusive environment for all residents of Capitola. I urge you to take this matter seriously.

Respectfully,
Sonja Brunner
• Outlook
Orbach Code of Conduct Dismissal
From Nadene Thorne <[email protected]>
Date Thu 9/25/2025 11 :36 PM
To City Council <[email protected]>
City Council,
I watched the September 25th meeting on zoom, and while I appreciate your unwillingness to extend discussions of the admittedly vague council code of conduct responsibilities as they pertain to Melinda Orbach's actions, I was perturbed by the direction of the public commentary.

Certainly the public should be allowed to weigh in on matters before the council, but in this case Ms. Orbach had aggressively recruited a far-ranging support network speaking on her behalf, all of whom purported to know the facts and to have made a judgment.

Since this was merely public comment, there was no opportunity for facts to be brought in or questions to be asked. It appears Orbach won the dismissal by virtue of the weight of public comment, and the council's unwillingness to pursue the matter, now percolating for 5 months.

The result was distressingly unfair to Kevin Maguire who had no chance to defend himself, and may feel, with good reason it appears to me, that he has been bullied and slighted by this treatment in the face of Orbach's full-court press against him.

Capitola is a small town, and I'm not sure that attempting to put a lid on this matter is the right solution. In my experience, bullies continue to bully until they're stopped.

I hope there is more that the city council will pursue to more fair1y balance the public- and the individual's - right to speak out with the necessity for bringing facts and evidence to protect that public, and the council itself. It seems to me that the result of this process this evening, however well-intentioned the council may be, has been deeply unfair to Mr. Maguire.

Nadene Thome
Santa Cruz

Capitola City CouncilSeptember 25, 2025

Capitola City Council
September 25, 2025