Agenda packet — Capitola City Council, September 25, 2025 (part 1 of 2)

REVISED 9/25/2025 AT 4:45 PM
City of Capitola
City Council Meeting Agenda
Thursday, September 25, 2025 – 6:00 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 – 5:15 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code § 54956.8) Property: Capitola Wharf Buildings, 1400 Wharf Road (APN: 034-072-01) City Negotiator: Jamie Goldstein, City Manager
Negotiating Parties: JFS Incorporated (dba Capitola Boat and Bait) Under Negotiation: Terms of Lease
Regular Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance
Council Members Gerry Jensen, Melinda Orbach, Susan Westman, Vice Mayor Margaux Morgan, and Mayor Joe Clarke

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Proclamation Recognizing September 29 through October 5 as "Week Without Driving 2025"

4. Report on Closed Session

5. Additional Materials
Additional information related to an agenda item on this agenda and submitted to the City after distribution of the agenda packet pursuant to Government Code §54957.5. All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

A. Item 8A - Correspondence Received
B. Item 8B - Correspondence Received
C. Item 9A - Correspondence Received
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D. Item 9B - Correspondence Received
E. Item 9C - Correspondence Received

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

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

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

A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on September 11, 2025.

B. Capitola Municipal Code Title 17 Amendments
Recommended Action: 1) Adopt an ordinance amending Capitola Municipal Code Title 17:

Zoning for the Residential Multifamily Zone and the Zoning Map; and 2) adopt an ordinance amending Capitola Municipal Code Title 17, Chapter 17.74: Accessory Dwelling Units.

C. Coastal Conservancy Grant Application
Recommended Action: Authorize staff to submit a grant application to the State Coastal Conservancy for the Esplanade Park Coastal Access Enhancement & Adaptation Plan.

D. Landscape Design and Planting Plan for the Park at Rispin Mansion Recommended Action: Receive report.

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

A. 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.

B. 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.

C. Sustainable Transportation Planning Grant for the Capitola Active Transportation Plan Recommended Action: Provide direction to staff.
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D. Capitola Community Center Renovation - Quarterly Progress Report Recommended Action: Receive a quarterly progress report on the Capitola Community Center Renovation Project.

E. 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.

F. City Council Request for a Special Meeting
Recommended Action: Identify potential dates, structure, and topics for the proposed meeting.

10. Adjournment
The next regularly scheduled City Council meeting is on October 9, 2025, at 6:00 PM. _____________________________________________________
How to View the Meeting
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010.

Other ways to Watch:

Spectrum Cable Television channel 8
City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:

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

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

Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 6:00 p.m. in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola.

Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website and at Capitola City Hall prior to the meeting. Need more information? Contact the City Clerk’s office at 831-475-7300.

Agenda Materials Distributed after Distribution of the Agenda Packet: Pursuant to Government Code §54957.5, materials related to an agenda item submitted after distribution of the agenda packet are available for public inspection at the Reception Office at City Hall, 420 Capitola Avenue, Capitola, California, during normal business hours.
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Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990. Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475-7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 831-475-7300 al menos tres días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected].

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 1
Gautho, Julia
From: Narendra Dev <[email protected]>
Sent: Monday, September 22, 2025 2:47 PM
To: City Council
Subject: 8A - Approve City Council Meeting Minutes, September 11, 2025 Follow Up Flag: Follow up
Flag Status: Flagged
Re. 9B Multifamily and Accessory Dwelling Unit Zoning Code Amendments, I listened to the video. It appears that the motion passed 4-1. Mayor Clarke voted yea. Or possibly the audio was not clear.

Regards, Naren

Narendra Dev,
Mobile: +1 408 771 8088,
eMail: [email protected]
***********
Voting Yea: Council Members Orbach, Westman, Vice Mayor Morgan Voting No: Council Member Jensen, Mayor Clarke
5 Item 5 A.
1 Gautho, Julia
From: Gautho, Julia
Sent: Monday, September 22, 2025 3:19 PM
Subject: FW: 8A - Approve City Council Meeting Minutes, September 11, 2025 Good Afternoon, Mayor and City Council,
Please see response to resident below. Sincerely,
Apply to Join a City Board, Committee, or Commission.

From: Gautho, Julia
Sent: Monday, September 22, 2025 3:19 PM
To: 'Narendra Dev' <[email protected]>
Subject: RE: 8A - Approve City Council Meeting Minutes, September 11, 2025 Good Afternoon, Mr. Dev,
Thank you for your interest in Capitola’s City Council meeting! After reviewing the meeting video again, the vote listed in the minutes for Item 9B is correct. You can also hear Mayor Clarke summarizing the vote at time marker 4:12:23 in the video footage.

Thank you for your continued interest in Capitola. Best, 6 Item 5 A.
2 Apply to Join a City Board, Committee, or Commission.

From: Narendra Dev <[email protected]>
Sent: Monday, September 22, 2025 2:47 PM
To: City Council <[email protected]>
Subject: 8A - Approve City Council Meeting Minutes, September 11, 2025 Re. 9B Multifamily and Accessory Dwelling Unit Zoning Code Amendments, I listened to the video. It appears that the motion passed 4-1. Mayor Clarke voted yea. Or possibly the audio was not clear.

Regards, Naren

Narendra Dev,
Mobile: +1 408 771 8088,
eMail: [email protected]
***********
Voting Yea: Council Members Orbach, Westman, Vice Mayor Morgan Voting No: Council Member Jensen, Mayor Clarke
7 Item 5 A.
8 Item 5 B.
• Outlook
Concern about adding Conduct Complaint to agenda & Capitola Mall From Bridget Hawkins <[email protected]>
Date Thu 9/25/2025 2:33 PM
To City Council <[email protected]>
Dear City Council Members,
As a Capitola resident for over 30 years, I am writing to you today to express my concern about the disruptive behavior at recent public meetings regarding the Rail Trail Corridor. I know this issue is challenging and has a big impact on our community, and I appreciate the work you are doing.

While it's understandable that this topic brings out strong feelings, the current level of disruption, by a small group of anti-rail trail vocalists going by the name "Concerned Citizens of Capitola," is preventing a productive and respectful dialogue. It's important to remember that intimidating or stalking public servants is illegal and has no place in our community discourse. This behavior also feels unfair to you as you try to navigate these difficult decisions for our city. I am also disappointed that this was added to tonight's agenda as if to give the complainant legitimacy. This group continues to make public statements demanding her resignation, which I consider a blatant attack on our democracy and duly elected officials.

Lastly, I am also concerned about the proposed high-density project at the current Capitola Mall. A project of seven stories and 1 ,500+ units is entirely too large for this small community and will diminish property values in adjacent neighborhoods while adding significantly to traffic. I am requesting a community town hall prior to you approving the rezoning for seven stories.

Thank you for your dedication to our city.

Sincerely,
Bridget H
Capitola, CA
D
1 Gautho, Julia
From: jeff lee <[email protected]>
Sent: Thursday, September 25, 2025 5:17 PM
To: City Council
Subject: Before Approving Meeting Minutes From 9/11/25 - Rezoning 600 Park Ave. Apts.

Hello,
After reflecting on the results of the 9/11 meeting on the subject, we feel compelled to share just how disturbing it was to be informed during the City's presentation that:

 Capitola Mall (and other sites, not 600 Park Ave.) will provide more than enough housing units for Capitola to satisfy the State of CA mandate.
 The rezoning of 600 Park Ave. Apts. was voluntary action taken on freely by the City, and is not State mandated.
 The City has known all along that increased density at 600 Park Ave. is not required, but has sold that very message to the public since the rezoning push began. It was extremely disappointing to repeatedly hear "unfortunately we can't do anything - it's the State" from City representatives when that's not the case at all. This intentional misrepresentation of key information negates the noticing / public outreach period.

We ask again that Council reconsider and take reasonable action to soften the blow to existing residents and neighbors. Revise rezoning language to decrease allowable heights, increase setbacks etc. as previously suggested.

The City has the ability to make appropriate revisions that serve Capitola residents, not just developers.

Sincerely,
Jeff & Kirsten Lee
117 Wesley St., Capitola
9 Item 5 B.
1 Gautho, Julia
From: Mick <[email protected]>
Sent: Friday, September 19, 2025 8:26 PM
To: City Council
Subject: Item 9A
Mayor and Council members,
It’s way past Ɵme to admit the Bay Ave quick build project was a major error in judgement. Since its incepƟon, you have repeatedly heard from the community that the quick build configuraƟon does not work. It is Ɵme to listen to the residents and restore Bay Ave to its original configuraƟon (OpƟon 2).

OpƟon 3 appears to maintain a reducƟon in lanes for a porƟon of Bay Ave. This doesn't solve the congesƟon problems nor is the crosswalk located where there are large numbers of pedestrian traffic. Few pedestrians will walk several hundred yards out of their way to avoid crossing at the Bay/Hill intersecƟon. Reject this opƟon due to the expense and the failure to adequately address the congesƟon problems.

Capitola residents and the surrounding communiƟes have suffered long enough trying to navigate the Bay Ave mess. It’s Ɵme for common sense to prevail. Please select OpƟon 2. Bring back 2 full lanes in each direcƟon.

Mick and PaƩy Routh
Crystal St
Capitola.

Sent from my iPhone
10 Item 5 C.
1 Gautho, Julia
From: Sandy Clary <[email protected]>
Sent: Saturday, September 20, 2025 8:33 AM
To: City Council
Subject: Bay Avenue
Please restore Bay Avenue back to its previous configuraƟon. The current design makes no sense and causes unnecessary gridlock!!!
Sandy Clary
Sent from my iPhone
11 Item 5 C.
1 Gautho, Julia
From: [email protected]
Sent: Saturday, September 20, 2025 8:43 AM
To: City Council
Subject: Bay ave
OpƟon 2
12 Item 5 C.
1 Gautho, Julia
From: Kathy Nylen <[email protected]>
Sent: Saturday, September 20, 2025 10:37 AM
To: City Council
Subject: Bay Street traffic!
I vote for #2. This current situaƟon is so dangerous and frustraƟng! 13 Item 5 C.
1 Gautho, Julia
From: karen karenmarie <[email protected]>
Sent: Saturday, September 20, 2025 11:27 AM
To: City Council
Subject: Cap traffic
Option 2, remove the mistake you made and open the 2 lanes.

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
14 Item 5 C.
1 Gautho, Julia
From: Cheri Attanasio <[email protected]>
Sent: Saturday, September 20, 2025 11:54 AM
To: City Council
Subject: Bay ave
Put it back the way it was!
15 Item 5 C.
1 Gautho, Julia
From: Konnie Bugge <[email protected]>
Sent: Saturday, September 20, 2025 12:25 PM
To: City Council
Subject: Thursday ight meeting
Please restore Bay Ave/Hill Street to the way it was. I use it several Ɵmes a day and there is almost an accident every Ɵme with people cuƫng in line to go straight on Bay Ave.

Sent from my iPhone
16 Item 5 C.
1 Gautho, Julia
From: Julie Norton <[email protected]>
Sent: Saturday, September 20, 2025 2:27 PM
To: City Council
Subject: Bay Ave
I have lived here for 60 years. As the population has quadrupled, the decision to PARE DOWN TRAFFIC LANES TO ONE!
Is inane. It backs up to the freeway in the Nob hill direction, and backs up under the overpass to reach Soquel Dr. I wait through green lights with NO MOVEMENT…. Every day.

This simply DOES NOT WORK FOR TRAFFIC
PLEASE RESTORE 2 lanes.

Lori Patterson
Sent from Yahoo Mail for iPhone
17 Item 5 C.
1 Gautho, Julia
From: Laurie Burns <[email protected]>
Sent: Saturday, September 20, 2025 3:25 PM
To: City Council
Subject: Bay Avenue
I vote for opƟon #2 to put it back the way it was.

It’s been a nightmare to drive through.

Sent from my iPhone
18 Item 5 C.
1 Gautho, Julia
From: Susan dee Cummins <[email protected]>
Sent: Saturday, September 20, 2025 3:38 PM
To: City Council
Subject: Please restore Bay the way it was!
Thanks!
Susan Dee Cummins
831-239-2539
Yahoo Mail: Search, Organize, Conquer
19 Item 5 C.
1 Gautho, Julia
From: Rosemary Bulaich <[email protected]>
Sent: Saturday, September 20, 2025 3:49 PM
To: City Council
Subject: Bay Avenue
Please restore Bay Avenue to the way it was before the experimental lane changes that you have made. It’s a mess! Sent from my iPhone
20 Item 5 C.
1 Gautho, Julia
From: joagib <[email protected]>
Sent: Saturday, September 20, 2025 6:45 PM
To: City Council
Subject: Bay Ave @ Nob Hill intersection
Please restore Bay Ave to original 2 lanes but add flashing crosswalk! 21 Item 5 C.
1 Gautho, Julia
From: Melinda Geisler <[email protected]>
Sent: Saturday, September 20, 2025 7:15 PM
To: City Council
Subject: Regarding Bay Ave
Please return it to the way it was.

Thank you
Melinda Geisler
300 Plum St. space 6
Capitola
Sent from my iPhone
22 Item 5 C.
1 Gautho, Julia
From: Mary Hall <[email protected]>
Sent: Saturday, September 20, 2025 8:16 PM
To: City Council
Subject: Bay Avenue Traffic(OPTION 2 SUPPORT)
Hello! I’ve been living on Center St. for the past 7 years and on Sunset Dr. for the last 5 months. The lane changes that were made have created so much unnecessary congesƟon; what used to take me a couple minutes to get to and from my street and the highway now can take 10+ minutes depending on the Ɵme of day. It has become extremely difficult to exit and enter my neighborhood and for what? I don’t understand why it was ever changed, traffic flowed well before, there was plenty of room for pedestrians on the sidewalk, and there are two conveniently located cross walks by Peet’s and Gayle’s. I am in support of returning the road to its original system with two lanes on each side and no crosswalk at Center St.(it really isn’t necessary). Thank you for considering my input.

Sincerely,
Mary Hall
608 Sunset Dr.

Sent from my iPhone
23 Item 5 C.
1 Gautho, Julia
From: beth braun <[email protected]>
Sent: Saturday, September 20, 2025 9:11 PM
To: City Council
Subject: Bay ave
Please restore the intersecƟon back to the way it was. 2 lanes both sides. The blinking red lights on stop signs are useless. BeƩer off w yellow flashing lights ( like around town) with a staƟon on the island for an addiƟonal buƩon to acƟvate lights Sent from my iPhone
24 Item 5 C.
1 Gautho, Julia
From: Jim Demeter <[email protected]>
Sent: Saturday, September 20, 2025 9:22 PM
To: City Council
Subject: Bay and Hill
For Gods sake, please restore this intersecƟon to its prior configuraƟon of 2 lanes each direcƟon. And fire the idiot who thought it was a good idea.

Sent from my iPhone
25 Item 5 C.
1 Gautho, Julia
From: MARIE HENLEY <[email protected]>
Sent: Sunday, September 21, 2025 2:05 AM
To: City Council
Subject: Bay AV at Capitola
Hello,

I cannot make the meeting but I want you to know I think Bay AV should remove the lane changes and put it back the way it was. Also, a stop light at the intersection of Bay Av and Capitola would be a great improvement.

Marie Henley
831=818-7139
Aptos
26 Item 5 C.
1 Gautho, Julia
From: Carol MacEwen <[email protected]>
Sent: Sunday, September 21, 2025 9:12 AM
To: City Council
Subject: Bay Avenue corridor
Council Members,
I am a Capitola senior who both walks and drives the Bay Avenue corridor almost daily.

As a walker, I did not feel unsafe with the previous lane configuraƟon, so the reducƟon in lanes has not made me feel any safer. The only secƟon along that route that causes me any concern are the mulƟple Bay Avenue entrances and exits into and out of the Gayle’s parking lot, where driver visibility is extremely limited. The new road configuraƟon did not address that issue.

As a driver, the new configuraƟon has caused me much anxiety. It is very difficult to merge into the leŌ lane aŌer exiƟng the highway. OŌen Ɵmes I am forced to detour through the Nob Hill parking lot when drivers are unwilling to let me merge in. I’ve seen mulƟple incidents of driver frustraƟon, resulƟng in honking and even speeding through the car wash to avoid the traffic jam.

Please restore Bay Avenue to its former configuraƟon to reduce the frustraƟon and anxiety that the ciƟzens of Capitola who frequent that corridor have been experiencing since it was changed.

Thank you,
Carol MacEwen
Monterey Avenue resident
Sent from my iPad
27 Item 5 C.
1 Gautho, Julia
From: Kym House <[email protected]>
Sent: Sunday, September 21, 2025 10:37 AM
To: City Council
Subject: I Support Bay Ave Restoration!
Dear Capitola city council,
As a long time resident, born and raised in Capitola, I beg you to please return Bay Avenue to 2 lanes and get some crossing flags, as well as flashing lights for the crosswalks. In addition, educate people to use the crosswalks, because they don't. Especially at the area near Gayles and Gradies Market. Some crossing flags would be very useful there as well.

My observation is that a stop light would be the best option at the Nob Hill entrance, but until then, restoring it would be much better than having people backed up onto the freeway, causing more issues and problems than solutions. Especially with all the other construction and Capitola Ave closed. Thank God, Park Ave entrances have opened.

Thank you for reading my message.

Kym House
917 Ponselle Ln #3
Capitola
28 Item 5 C.
1 Gautho, Julia
From: Alan Strassberg <[email protected]>
Sent: Sunday, September 21, 2025 11:11 AM
To: City Council
Subject: Bay Ave traffic
Hi,
I support option #2 - restore it to the way it was. As a resident of Riverview Terrace area it's been a nightmare since the change.

If you want to improve safety for the crosswalks I suggest embedded flashing LEDs in the crosswalks, much more obvious that just a flashing light. Could be solar driven. Europe has these all over and seem very successful. And a lot cheaper than a roundabout which could be another snarl.

Thanks.
-----------
~alan
711 Gilroy Drive
illegitimi non carborundum
29 Item 5 C.
1 Gautho, Julia
From: JOHN BAILEY <[email protected]>
Sent: Sunday, September 21, 2025 12:37 PM
To: City Council
Subject: Bay Avenue
Please restore the Bay Avenue to the previous 2 lanes up past Nob Hill. I have almost had my car rear ended on the off ramp, because the traffic backed up onto the highway.

This change to Bay did nothing to address the original untimely death since the incident did not happen on Bay.

Thanks John Bailey
30 Item 5 C.
1 Gautho, Julia
From: Michelle Montalvo <[email protected]>
Sent: Sunday, September 21, 2025 1:59 PM
To: City Council
Subject: Bay Avenue traffic
Please consider changing Bay Avenue back to two lanes both directions as it was previously. The congestion is horrible during rush hours.

Thank you,
L. Michelle Montalvo
31 Item 5 C.
1 Gautho, Julia
From: dreymerbizvideo2 <[email protected]>
Sent: Sunday, September 21, 2025 2:02 PM
To: City Council
Subject: Bay Hill
Return to original configuration.

You already have all my other suggestions.

Diane Reymer
Sent from my Galaxy Tab A
32 Item 5 C.
1 Gautho, Julia
From: Beverley Gwyn <[email protected]>
Sent: Sunday, September 21, 2025 2:58 PM
To: City Council
Subject: Bay and Hill St
In your next meeƟng please choose opƟon # 2, returning the traffic paƩern on Bay St to 2 lanes in each direcƟon as it was before the not-so-recent changes. It has caused so much unnecessary delay and frustraƟon among drivers. The lanes each way now dedicated to turns are empty nearly all the Ɵme, and everyone is crammed into one lane- it’s a big waste of Ɵme and gas as everyone inches along beside an empty lane.

Please help us who are trying to get to and from work in a Ɵmely and posiƟve manner! A five minute drive from my Capitola home to my work place at Main and Soquel someƟmes has taken 20 minutes! Thank you,
Bev Gwyn
Sent from my iPhone
33 Item 5 C.
1 Gautho, Julia
From: Nancy Mulkey <[email protected]>
Sent: Sunday, September 21, 2025 3:22 PM
To: City Council
Subject: Bay Ave Options for the 9/25/2025 Meeting
Hello,
For those of us who live in Soquel Village, and most specifically on Soquel-Wharf Rd where we live, because of the "new" one-lane at the intersection at Nob Hill, the traffic on our street has become a nightmare at different times of the day due to the back-up because of the one lane in Capitola.

There's even more traffic on our street now than there was before, which is saying something! We have even seen traffic backed up all the way to Soquel Drive because of the one-lane at Nob Hill as well. And I've seen it backed up on the freeway at Bay/Porter, which is already a mess. It's ridiculous.

It's also frustrating that drivers use the Nob Hill parking lot to race around the traffic. I have seen plenty of near misses for pedestrians, bike riders and other vehicles because drivers either don't know how to merge into the one lane or they are frustrated and are hurrying. This has to be one of the most unsafe "safety" decisions that I have seen.

It's pretty clear that some drivers ignore (or are on their phones or speeding) when the flashing lights are on at the crosswalk at Porter/Walnut in front of the elementary school, as an example. So doing an kind of pedestrian lights seems helpful but not foolproof. I did notice on Mission Blvd recently some new crosswalk lights - the lights actually turn red when someone is crossing, similar to traffic lights. It was interesting, as we'd never seen those before. Just some thoughts from some who's been here a long time and watched drivers and traffic become worse and worse. I sure hope there can be an intelligent decision made this time...

Each time I head that direction from Soquel towards Capitola I say a little prayer that the blue "safety lane" has been removed, but each time I'm disappointed. I must say that perhaps those on the council may not live in this area and don't have the impact, and perhaps that's why it's taken so long to do anything about it?
Your consideration to this matter is greatly appreciated. I will be out of town at the date of this meeting, and I sincerely hope that each voice will be heard.

Thank you, Nancy Mulkey
4619 Soquel-Wharf Rd., Soquel
831-234-6400
P.S. Another safety problem is much easier to solve. For years the road signs guiding people to northbound Hwy 1 entrance is not clear at all. Yes there is a sign, but it's on the right-hand side of the street, and has no arrows. But there should be one with an ARROW, several yards sooner, telling the visitors to our area that they need to be in the left lane to get onto the freeway. There have been soooo many close calls in this area. Thanks.
34 Item 5 C.
1 Gautho, Julia
From: Tom Brady <[email protected]>
Sent: Monday, September 22, 2025 9:39 AM
To: City Council
Subject: Bay Ave & Hill St Intersection at Nob Hill
City Council Members,
Please either return the intersection to the way it was or modify to the concept below. The current design is causing too many issues, and doesn't protect cyclists from people turning right into Nob Hill.

Thank you,
Tom Brady
3884 Aldo Ct
Soquel, CA 95073
831-212-3510
35 Item 5 C.
1 Gautho, Julia
From: John Martorella <[email protected]>
Sent: Monday, September 22, 2025 11:21 AM
To: City Council
Subject: Bay ave.

Hello Council,
After reviewing the plans for the Bay ave. corridor, I would recommend the (option 3 alternate plan ) as its the most intuitive layout and provides an additional pedestrian crossing closer to the Bay ave. apartment complex.

I think we all know the current configuration is a mess, so please consider putting it back to the original configuration with the alternate plan included.

Thank you,
John Martorella
Capitola resident
36 Item 5 C.
1 Gautho, Julia
From: bob hickman <[email protected]>
Sent: Monday, September 22, 2025 12:53 PM
To: City Council
Subject: Bay Avenue and Hill Street Traffic Safety Update 9A Dear Capitola City Council,
I am wriƟng in support of OpƟon 2 on Item 9a on the agenda for 9/25. I am in support of restoring it to its original configuraƟon. Though I like opƟon 3 with the center street crossing I can not see jusƟfying the expenditures if it is just to be changed later when you come to the final Bay Ave configuraƟon. We can not leave this intersecƟon as is. This current configuraƟon was a knee jerk reacƟon to a pedestrian fatality that did not even die in this intersecƟon! It has since created an absolute traffic nightmare for everyone! Listen to the business owners in the area they are the ones that see this mess everyday, listen to the people that live near hear and see the mess and listen to those of us that drive this area and now do everything we can to avoid this disaster. Put it BACK! Final note The intersecƟon of Bay and Capitola. There are 5 parking space's in front of Gayle's on Bay Ave between the two entrances. I would like to suggest eliminaƟng these parking spots, it will open up the visibility of this intersecƟon tremendously. Also get the city maintenance dept to get out and trim the trees covering the signage prior to the intersecƟon showing the lane configuraƟons. (the sign prior to gayle's in front of the first entrance heading north.} thank you
Bob Hickman
Capitola 95010
37 Item 5 C.
1 Gautho, Julia
From: Carrie Howard <[email protected]>
Sent: Monday, September 22, 2025 2:53 PM
To: City Council
Subject: Bay Ave. Option
Dear City Council Members,
As a local resident on Burlingame Ave., please consider restoring the street configuraƟon to its original configuraƟon of 2 lanes each way. The current configuraƟon has become a dangerous secƟon in the area by Nob Hill. People cut through the business parking lots, drive down the ending turn lanes, honk, drive down the leŌ turn lane from Hwy 1 to Woodworm and then cut people off just before the stop sign, etc. etc. etc. As I drive that secƟon several Ɵmes a day, it is exasperaƟng to watch how unsafe people are driving! Please, please consider restoring it to the original configuraƟon ~ it was WAY, WAY safer!
Thank you for reading,
Carrie Howard
Burlingame Ave., Capitola
38 Item 5 C.
1 Gautho, Julia
From: Dieter Rothmeier <[email protected]>
Sent: Monday, September 22, 2025 2:56 PM
To: City Council
Subject: Bay/Nob Hill intersection
Please restore this intersection to the way it was, 2 lanes in each direction. The current layout is a mess.

Regards,
Dieter Rothmeier
Capitola resident
39 Item 5 C.
1 Gautho, Julia
From: Richard Prinz <[email protected]>
Sent: Monday, September 22, 2025 3:05 PM
To: City Council
Subject: Bay St by Nob Hill
> In your next meeƟng please choose opƟon # 2, returning the traffic paƩern on Bay St to 2 lanes in each direcƟon as it was before the not-so-recent changes. It has caused so much unnecessary delay and frustraƟon among drivers. The lanes each way now dedicated to turns are empty nearly all the Ɵme, and everyone is crammed into one lane- it’s a big waste of Ɵme and gas as everyone inches along beside an empty lane. > Please help us who are trying to get to and from work in a Ɵmely and posiƟve manner! A five minute drive from my Capitola home to Main and Soquel someƟmes has taken 20 minutes! Richard Prinz
>
Sent from my iPhone
40 Item 5 C.
1 Gautho, Julia
From: Margaret Julien <[email protected]>
Sent: Monday, September 22, 2025 4:10 PM
To: City Council
Subject: Bay Avenue Options
I vote for option #2.

Margaret Julien
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Santa Cruz County Quarterly Market Report
41 Item 5 C.
1 Gautho, Julia
From: Ari Lessin <[email protected]>
Sent: Monday, September 22, 2025 4:26 PM
To: City Council
Cc: [email protected]
Subject: Bay and Hill
Opinion before tomorrows meeƟng
Instead of clogging the major artery into one lane of Hell traffic how about a well Ɵmed traffic light? The intersecƟon feels crazy now.

Also when the bridge opens much of the traffic and many of the bikes will be diverted to Capitola Ave.. how about some speed tables between the new bridge and Gayle’s so drivers can’t go 40 miles an hour around kids going between Main Street, NBMS and Soquel High and the Beach. There are no dedicated bike lanes or cross walks on this part of Capitola Ave so it is especially dangerous and a very popular route for bikes.

SuggesƟons for a safer community.

Ari Lessin
Sent from my iPhone
42 Item 5 C.
1 Gautho, Julia
From: Tory Delfavero <[email protected]>
Sent: Monday, September 22, 2025 5:14 PM
To: City Council
Subject: 9A. Bay and Hill Intersection
Dear Mayor and Council,
I respectfully ask that Bay Avenue be restored to its prior configuration. The increased speed on Crossroads and within the Nob Hill parking lot is extremely concerning, and the congestion is incredibly frustrating.

Option 3 also offers a promising alternative, as it would create a crosswalk with flashing beacons, which the community has been requesting for some time.

Leaving the road “as is” does not serve our community. While I recognize and appreciate that the original changes were made with positive intentions to improve safety and reduce conflict points, the reality has been the opposite. Conflict points have multiplied throughout the Nob Hill parking lot and Crossroads, with drivers cutting through the post office arteries, using the middle turning lane along Bay Avenue, exiting Center Street, merging from two to one lane, and leaving the freeway.

Thank you for your consideration.

Sincerely,
Tory Del Favero
Capitola Resident

43 Item 5 C.
1 Gautho, Julia
From: KELLY SPENCER <[email protected]>
Sent: Monday, September 22, 2025 7:03 PM
To: City Council
Subject: Item 9A
To Whom It May Concern,
Regarding item 9A, please restore Bay Avenue to the original configuration. As a parent of a young child, walking through the Nob Hill parking lot has become quite dangerous. There will not be regular police to monitor or enforce the rules of the road and/or parking lot. The traffic congestion is way worse, which is causing impatient drivers to make dangerous moves.

Kelly Spencer
Gilroy Drive
Capitola
44 Item 5 C.
1 Gautho, Julia
From: Jim Sklenar <[email protected]>
Sent: Monday, September 22, 2025 7:39 PM
To: City Council
Subject: Options for Bay Ave. traffic issues
Members of the Capitola City Council,
From a traffic flow perspective, the current lane restrictions on Bay Ave. simply aren’t working. Of the 3 options being considered by the Council, I support restoring the lane markings to their former layout (option #2) but with the addition of a pedestrian-activated flashing warning or stop signal at the Nob Hill center crosswalk.

The current ‘fix’ was a poorly-planned knee-jerk reaction to a very unfortunate incident.

Many times I’ve seen pedestrians step out into moving traffic without even looking up from their phone, foolishly thinking that a crosswalk is some sort of ‘invisible shield’ that guarantees protection from approaching vehicles. Public awareness about pedestrian safety needs to be addressed as well…simply punishing the motorist by making our roads even more difficult to navigate isn’t the answer.

Best regards,
-Jim Sklenar – Santa Cruz resident and frequent visitor to Capitola. 45 Item 5 C.
1 Gautho, Julia
From: Annie Allen <[email protected]>
Sent: Monday, September 22, 2025 8:31 PM
To: City Council
Subject: Regarding Bay Avenue congestion
Dear Capitola City Council,
Thank you for the opportunity to voice my opinion about traffic congestion on Bay Avenue in Capitola. Since the lane reduction was installed, the congestion and backups in this area have been overwhelming and frustrating and safety is a bigger concern than ever.

In the mornings I travel from Soquel to the New Brighton area and often times cannot move forward from the traffic light at the overpass due to traffic congestion across the intersection. There is a steady stream of cars coming off the freeway onto Bay Ave and many have to quickly maneuver to the left lane if they want to go straight. Cars stuck in the left lane move unbearably slow and I often see drivers using the middle turn lane to advance up the line and turn left. I also see frustrated drivers in the right lane turn into the shopping center and circle around to the exit to avoid the mess. It's bumper to bumper traffic and people are aggravated.

I strongly support restoring Bay Avenue to the way it was originally. Traffic flowed easily; it worked! To address safety concerns in the area, I suggest installing better street lights on the corners, trimming trees for increased visibility and adding in-road flashing crosswalk lights at the intersections (I think they have these on Soquel Drive in Soquel by the post office).

Thank you for your service and consideration,
Annie Allen
8801 Glen Haven Road
Soquel, CA 95073
46 Item 5 C.
1 Gautho, Julia
From: Brett Graessle <[email protected]>
Sent: Monday, September 22, 2025 9:16 PM
To: City Council
Subject: Bay Ave
Dear Capitola City Council,
I am wriƟng to strongly recommend that we return the Bay Avenue intersecƟon to the way it was- congesƟon has been horrific since the change and we have completely avoided the area -and the adjacent stores -because of it. Please return our streets to the way they were. We understand that as safety was the driving issue, we could implement flashing crosswalk lights to beƩer ensure safe pedestrian crossings at that intersecƟon.

Thank you for your hard work.

Sincerely,
Molly and BreƩ Graessle
5010 Garnet Street
47 Item 5 C.
1 Gautho, Julia
From: Linda S Robinson <[email protected]>
Sent: Tuesday, September 23, 2025 7:43 AM
To: City Council
Subject: Bay Avenue
Please restore Bay Avenue to the way it was with two FULL lanes each way! Thank you,
Jeff and Linda Robinson
300 Plum Street
48 Item 5 C.
1 Gautho, Julia
From: Gmail Sam <[email protected]>
Sent: Tuesday, September 23, 2025 8:08 AM
To: City Council
Subject: Bay street
Please consider this inexpensive easy fix. Put back the way it was except put lights along the crosswalk that will light up when a person pushes the buƩon. Also put the same crossing light that is on capitola ave and bay. So there will be crossing lights flashing on side of road and along the crosswalk.

Sent from my iPad
49 Item 5 C.
1 Gautho, Julia
From: Kim Rutherford <[email protected]>
Sent: Tuesday, September 23, 2025 8:53 AM
To: City Council
Subject: Bay Ave
Council
Bay Ave is a mess, please vote to return Bay Ave to the original traffic pattern. ( Option 2). -Kimberly Rutherford
1775 48th Ave, Capitola, CA 95010
Home Owner
50 Item 5 C.
1 Gautho, Julia
From: Kevin Allen <[email protected]>
Sent: Tuesday, September 23, 2025 9:33 AM
To: City Council
Subject: Regarding Bay Avenue
Dear Capitola City Council,
Thank you so much for allowing us to weigh in on the intersection situation on Bay Avenue next to Nob Hill and Dairy Queen. The backups and delays since the reconfiguration of the traffic flow has been frustrating to say the least. For all the reasons you have probably heard from your constituents already, the situation is untenable and is leading to a more volatile situation day by day.

I strongly support the restoration of the intersection to it's original flow with two lanes moving in each direction along Bay Avenue. For safety, which seems to be a major concern, I would suggest increasing the street lighting at the intersection and/or installing in-road yellow flashers that activate as pedestrians press a standard cross-walk button. Similar to what you see in front of the post office in Soquel or at the Main Street school crossing.

Thank you again for taking the time to consider this option, Kevin Allen
8801 Glen Haven Rd.

Soquel CA 95073
51 Item 5 C.
1 Gautho, Julia
From: TMW <[email protected]>
Sent: Tuesday, September 23, 2025 12:42 PM
To: City Council
Subject: Hill Street & Bay Ave intersection
I am a resident of Capitola & have serious concerns regarding the current state of Hill and Bay Ave. The change that was made from two lanes to one has dramatically increased congestion and long periods of traffic, at all hours of the day.

I would like the city to restore it to its original state…2 lanes in both directions.

Thank You,
Tracy Winterhalder
Sent from Gmail Mobile
52 Item 5 C.
1 Gautho, Julia
From: Stan Wilson <[email protected]>
Sent: Tuesday, September 23, 2025 12:45 PM
To: City Council
Subject: Bay and Hill st disaster.

Just a note on my experiences.

I sat through 3 lights on 41st at the auto plaza trying to get on the bay ave off-ramp. With everyone trying to get into the only lane up Bay avenue, it was gridlocked all the way up to me. Highways 1 south stopped as the off-ramp had backed up as far as I could see. By Ɵme I finally got down to Bay avenue, looking to the leŌ, cars gridlocked at Main Street and way up Porter.

Cars are using the leŌ turn only lane to post office drive as the fast track to the Bay/hill street leŌ turn.

There is no safe way to turn leŌ out of the Nob Hill lot at the car wash EVER.

The scariest thing was having a car cuƫng through the Nob Hill parking lot clipping my shopping cart! PLEASE return it to 4 lanes!
Stan.....
53 Item 5 C.
1 Gautho, Julia
From: [email protected]
Sent: Tuesday, September 23, 2025 1:05 PM
To: City Council
Subject: Bay AVE.

Members of City Council:

Please return Bay Ave @ Hill to four lanes. It ha been a total disaster and would love to know where this idea came from?
Thank you;
John P. McEnery III
207 Monterey Ave.
54 Item 5 C.
1 Gautho, Julia
From: Cheryl Ban <[email protected]>
Sent: Tuesday, September 23, 2025 1:32 PM
To: City Council
Subject: Bay Avenue and Hill Street: 9A
Dear City Council Members,
We would like to voice our concerns about the Bay Avenue and Hill Street traffic.

The changes that were made to fix a problem have created many more.

We all have tried to make the changes work, time to admit they have failed.

Time to return to the original design.

Thank-you,
Mark Ban
Cheryl Ban
55 Item 5 C.
1 Gautho, Julia
From: The Martorella’s <[email protected]>
Sent: Tuesday, September 23, 2025 1:39 PM
To: City Council
Subject: Bay Avenue
Dear Council
Please revert Bay Avenue back to its original configuraƟon, opƟon two. I think we can all agree, The current configuraƟon has done nothing but impede traffic, increase frustraƟon and anxiety, and generally was a failed and rushed plan.

Thank you
Marie Martorella
56 Item 5 C.
1 Gautho, Julia
From: Craig Harlamoff <[email protected]>
Sent: Tuesday, September 23, 2025 3:06 PM
To: City Council
Subject: Bay ave suggestion
Attachments: Craig.jpg
You probably see a lot of these (-:

I recommend steering the bicycle riders OFF Bay ave and sending them down to the Mid County senior Center, through the fence to the PAMF building, along the river to PEERY park. The riders can choose whether to ride to the village on Riverview ave OR cross the bridge to Wharf road.

Also, Traversing the congested area in front of Nob Hill is equally tough. Getting the bikes off that route would be safer.

I suppose the village would have a "New Sign" saying "RiverView Bike Route". with an arrow pointed to Riverview Ave.

Riverview ave will be a much safer way to transit down to the village.(And Prettier).

The question is whether Riders will opt for the Riverview bike path. One look at the carnage on Bay ave, and you would be quick to take the detour off Bay Ave.

So, I'm recommending REMOVING the bike lanes on the Bay Ave Freeway. . Moving the bike traffic off the Bay Ave . sending them down to the safe and pretty Riverview ave. corridor.

Think about it. Bay Ave is the big artery to getting ALL of Capitola visitors and residents in and out of the city. The bike riders would greatly prefer riding along the river pathway.

And, if there's ever a Tsunami, all of our residents would be put on Bay Ave. (especially since the Bridge over the freeway is closed). We need all the lanes we can get in front of Nob Hill.

Okay. I hope this helps. I think everyone wins having the bike riders detoured to a pretty Riverview ave/ Peery park intersect, pathway.

Caig Harlamoff. 614 Sunset Dr. Cap. 831 266 7800
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Bay Avenue Traffic Corridor
From Dorothy Anton <[email protected]>
Date Tue 9/23/2025 5:18 PM
To City Council <[email protected]>
City Council, Mayor Clarke, Chief Ryan, PW Director Kahn, I've read, with great disappointment, that the city is considering rolling back the changes made to the Hill/Bay Ave intersection. So far all the proposals that I have seen for the future of Bay Avenue seem centered on moving traffic, rather than with concern for the safety of bikers or pedestrians. So far the "Quick Build" at Bay/Hill seemed to be the one exception.

I know that people are frustrated by the apparent increase in traffic delays, but how much of the traffic delay and volume can be attributed to the Intersection changes, and how much to the many construction projects is not clear.

What is clear is that those of us who negotiate the intersection on foot and by bike feel much less vulnerable when navigating the crossing and much more visible to drivers.

Until the construction projects are complete, and traffic resolves to a "normal" state, I kindly ask that the current configuration remain in place, and that residents who are rushing to reach their destinations take a few minutes to accommodate their neighbors who live and walk or bike on these streets.

The "Quick Build" can always be reconstructed; not so a man, woman or child.

Thank you,
Dorothy L. Anton
750 Bay Ave
Capitola CA
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Bay Avenue Traffic Jam
From Bev Viguerie <[email protected]>
Date Tue 9/23/2025 9:11 PM
To City Council <[email protected]>
Please change the current traffic configuration at Bay Avenue by Nob Hill to the original way it was before. (Option 2) This new way is ridiculous!
Thank you!
Bev Viguerie
209 Washburn Avenue
Capitola, CA 9501 0
Sent from my iPhone
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Bay Ave
From Elliott Campbell <[email protected]>
Date Wed 9/24/2025 7:32 AM
To City Council <[email protected]>
Dear Councilmembers,
Thank you for your work on Bay Avenue safety. My mother-in-law Dorothy was walking down Bay when she was hit by a car. Amazingly she is ok. When the quick-build was proposed we were thrilled. We knew there would be push back, we knew some people would cut through the parking lot, we knew there would be longer waits. But reducing conflict points at Bay/Hill is the gold standard for keeping our pedestrians safer.

Our daughters Hazel and Beatrice went through the Dancenter program. Dance is hard work and afterwards they would walk across Bay for a well deserved treat. We worried about our dancers but this should be their world to explore. And we should be doing everything we can to make it walkable and bikeable for them.

Please keep Dorothy, Hazel, and Beatrice in mind this Thursday. Capitola deserves a Bay Ave that is walkable and bikeable to get to groceries, to get to 3 schools, and to get to the best bear claws in the world.

Kind regards,
Elliott
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(No subject)
From pk Fink <[email protected]>
Date Wed 9/24/2025 2:34 AM
To City Council <[email protected]>
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63 Item 5 C.
9/24/25
Subject: City Council Meeting 9/25/25- Public Comments letter Item 9A- Bay Avenue Dear Mayor Clarke and Council members,
Please consider Option 1 -No changes.

Soon, unfortunately, the Bay Avenue Porter Street on and off ramps will be closed for the Caltrans Highway 1 project. By the time they are reopened Capitola Avenue will be open (hopefully by the end of the year), and this will provide another access to Capitola and the two schools alleviating the traffic crunch. Bay Avenue is a mess and a major inconvenience for drivers for a few hours a day and, but it is temporary. Clearly people are extremely frustrated. I see vehicles practically ignore the flashing beacons just like other crosswalks.

Slowing vehicles makes it safer for bicyclists and pedestrians and spending $50,000 to $200,000 for a temporary change is not worth it. Please focus on the bigger picture traffic plans. Spend the money on the roundabout and expedite it.

Thank you,
Paula Bradley
Capitola resident
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Bay Avenue Options
From Dan Kamalani <[email protected]>
Date Wed 9/24/2025 11:14 AM
To City Council <[email protected]>
Dear Members of the Capitola City Council,
As 15 year residents of Capitola, we only support OP-tion 2 - restoring Bay Ave to its previous configuration with two full lanes in each direction and firmly reject all other options.

Dan & Heajin Kamalani
518 McCormick Court, Capitola
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Bay Ave by Knob Hill
From Hollis Snell <[email protected]>
Date Wed 9/24/2025 11:40 AM
To City Council <[email protected]>
Hello, to whom it may concern I want to express my understanding of the intent behind the lane closure/ merging of traffic. However, the traffic now is at a point that is not sustainable for the local community as well as visitors to our town.

Please consider my opinion to restore the traffic flow as it was prior to the alteration of the street with the merging of traffic.

Hollis Snell
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Bay Ave mess
From Penelope Carless <[email protected]>
Date Wed 9/24/2025 11:29 AM
To City Council <[email protected]>
I support Option two.

Penelope Carless
Sent from AT&T Yahoo Mail for iPad
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RE: Bay Ave.

From Betty Mello <[email protected]>
Date Wed 9/24/2025 1 :51 PM
To City Council <[email protected]>
I live on Bay Ave, closer to Monterey Ave., and urge the council to restore the traffic lanes back to what they were. OPTION 2.

Please vote for OPTION 2
Betty Mello
380 Bay Ave.

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For the meeting on Thursday, September 25, 2025
From Mary Craig Caruthers <[email protected]> Date Wed 9/24/2025 1 :49 PM
To City Council <[email protected]>
Re: the intersection of Bay and Hill Streets
I am a Capitola resident who does not live far from this intersection, and I have found the changes (down to only one lane) to be causing terrible congestion. It is not clear to me how someone imagined that making those changes would prevent more pedestrians from being hit. Please change back to the previous road pattern. We do not want a roundabout there or at the corner of Gayle's. Stop lights would be fine. Install one at each intersection!
Thanks,
Mary Caruthers
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Bay Hill crosswalk loudspeaker ••.

From dreymerbizvideo2 <[email protected]>
Date Wed 9/24/2025 3:04 PM
To City Council <[email protected]>
For tonight's safety discussion ... how about a loudspeaker button on each corner "STOP FOR PEDESTRIAN" ... a VERY LOUD loudspeaker! Your thoughts? Diane Reymer
Sent from my Galaxy Tab A
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Capitola Intersection Redesign
From Cristienne Colip <[email protected]>
Date Wed 9/24/2025 3:50 PM
To City Council <[email protected]>
Dear City Council Leadership Team,
I would like to add my comments ahead of this Thursday's meeting to discuss the Capitola intersection redesign. I have had an office in The Crossroads Building, on this corner for over 10 years. My office is a corner office on the second floor overlooking the intersection that you will be discussing. I have had a special interest in this topic over the years as a witness to every type of traffic event possible at this very intersection. I have seen police chases; flagrant moving vehicle violations; crashes; screaming fights; running of the stops signs, etc., on a daily basis. Myself and others here have almost been hit too many times to count. It is a treacherous journey to the Nob Hill salad bar and back. We also have another unfortunate connection to what goes on at this intersection as we were quite familiar with the grandmother of a pediatric client that we serve, who lost her life in a vehicular incident a few years ago as well. From my personal experience and observation, I can tell you that the most frequently occurring error is that drivers are unsure when it's their turn to go, and there is no uniformity or sequence when cars decide to cross the intersection.

Besides drivers that do not adhere to the basic rules of waiting for someone to finish crossing, there is no structure in place to regulate this "traffic". I have often wondered why in the world a traffic light has not been erected, or even if it has ever been seriously considered. The recent redesign is a total fail causing more congestion, uncertainty and danger. Again, I wondered how that was ever thought to be a solution.

I am not available in person on Thursday, but I just wanted to give you the perspective of someone without traffic engineering expertise, but a birdseye view of the goings on at this particular intersection for quite some time.

Thanks very much and good luck for the sake of us all,
Cris Colip
Cristienne Colip, M.S., CCC-SLP
Clinical Director
SpeechRighter Plus
Speech & Occupational Therapy
820 Bay Ave - Ste. 212
Capitola, CA 95010
831-854-2060
www.sP-eechrighter.com
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[PDF] My opinion about Bay Avenue & Hill Street intersection From Judy <[email protected]>
Date Thu 9/25/2025 9:54AM
To City Council <[email protected]>
@ 1 attachment (71 KB)
Microsoft Word- Document1.pdf;
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Judy Kishimura
527 McCormick Court
Capitola, CA 95010
September 25, 2025
Dear Capitola City Council,
I am writing as a local resident who regularly passes through the intersection of Bay Avenue & Hill Street on my way to the freeway and for daily errands. I'd like to express serious concerns about the traffic modifications made to this intersection last year. While I appreciate the city's commitment to pedestrian safety, the current configuration has created significant negative consequences that I believe warrant immediate review.

Current Situation and Impact
The modifications—which included the elimination of one through lane in each direction on Bay Ave has resulted in:
• Severe traffic backups extending multiple blocks in both directions on Bay Avenue, particularly during morning and evening commute hours
• Significant congestion when the local school dismisses students, creating additional safety concerns as parents attempt to navigate through backed-up traffic • Weekend traffic delays that deter tourists trying to reach The Village, potentially impacting local tourism revenue
• Dramatically increased commute times for residents trying to reach the freeway or conduct basic errands like grocery shopping
• Potential safety hazards as frustrated drivers try to navigate through the gridlock o I have personally experienced two near-miss collisions as impatient drivers attempted aggressive lane merges off of southbound Hwy 1 onto Bay Avenue. o It is also common place for drivers to be forced to turn into the Nob Hill parking lot (near the car wash) because they are unable to merge to the left (in the direction of the Village).
• Economic impact on local businesses due to reduced accessibility, particularly tourismdependent establishments in The Village • Increased vehicle emissions from idling traffic during extended backups Proposed Solution
I respectfully request that the city consider reverting to the original four-lane configuration while maintaining other safety improvements. Alternative solutions might include:
• Restoring the original lane count while keeping enhanced pedestrian signals • Installing pedestrian crossing signals with dedicated walk phases • Adding more visible crosswalk markings and signage
• Implementing timed traffic signals instead of four-way stops during peak hours 73 Item 5 C.

Community Impact
This intersection serves as the primary route to The Village, as well as a critical thoroughfare for residents accessing the freeway and essential services. The current bottleneck affects not only daily commuters but also tourists visiting our city, parents picking up children from school, residents running routine errands, and emergency vehicle response times.

Safety Concerns Beyond Pedestrians
While the original intent was to improve pedestrian safety, the modifications have created new vehicular safety hazards. The forced lane reduction causes dangerous merging situations as frustrated drivers jockey for position in the single remaining lane. These aggressive driving behaviors pose risks not only to other motorists but potentially to the very pedestrians the changes were meant to protect.

Economic Impact on Tourism
Another concern is the impact on our city's tourism economy. Weekend traffic delays discourage visitors from accessing The Village, potentially reducing tourism revenue that our city depends on. Frustrated tourists encountering significant delays may choose alternative destinations in the future, creating long-term economic consequences.

Thank you for your time and consideration.

Sincerely,
Judy Kishimura
74 Item 5 C.
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I choose option 2 turn it back the way it was
From Billy Gorson <[email protected]>
Date Thu 9/25/2025 1:59PM
To City Council <[email protected]>
Sent from my iPhone
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1 Gautho, Julia
From: Douglas Ley <[email protected]>
Sent: Thursday, September 25, 2025 3:28 PM
To: City Council
Cc: Kahn, Jessica
Subject: September 25, 2025 Meeting/Agenda Item 9A. Bay Avenue and Hill Street Traffic Safety Update
Dear Councilmembers,
As the owner of the Nob Hill/CVS/Capitola Self Storage Center we would like to share our comments on the matters under consideration this evening regarding Bay Avenue, and particularly the intersections at Crossroads and Hill.

We are pleased that the City is showing flexibility about what was always described as temporary and an experiment. We encourage you to move forward as quickly as possible to a permanent solution for the Hill/Bay intersection.

We are in favor of restoring the intersection to its previous configuration until we have either a roundabout or a signal at Bay/Hill. The traffic backups with the narrowing of lanes has caused some impatient drivers to come into our center only to get through the Hill intersection more quickly (they think). Our low fencing to prevent these movements in the aisle closest to Peets has been knocked down several times.

We like the idea of a cross walk with flashing signals at Center—that will take pedestrian pressure off the Bay/Hill intersection and, we hope, improve pedestrian safety with the shorter crossing distance.

We don’t see the need for the center turn lane between Hill and Crossroads. Coming from the freeway there is nothing to turn left into and vehicles driving toward the freeway vehicles can and should enter our center at Hill.

We would like to see the area of Bay that lines up with Crossroads marked as ‘KEEP CLEAR” so that traffic can leave our center and the car wash at Crossroads and turn toward the freeway and so that cars from Crossroads can turn right toward the freeway.

We have no problem keeping the current (traffic calming) configuration coming in and out of our center at Hill. If a signal is ultimately chosen we would want to return to two lanes into the center as originally designed and built. That would permit both (a) 76 Item 5 C.
2 right turns in from Bay AND (b) vehicles turning left from Bay or straight from Hill to enter the Center.

Thank you for your service to our community.

Doug Ley
Douglas P. Ley, Chair/CEO of the General Partner
Redtree Partners LP
1200 Pacific Avenue, Suite 210, Santa Cruz, CA 95060
831.346.6414
77 Item 5 C.
1 Gautho, Julia
From: Nicole Conley <[email protected]>
Sent: Thursday, September 25, 2025 3:52 PM
To: City Council; Mark Conley
Subject: Intersection at Bay
We choose OpƟon 2. Make it the way it was, please. It is causing more safety issues now than it ever did before. So many people are trying to go through the Nob Hill parking lot, causing safety issues there, too. The new way is causing everyone more traffic problems and it isn’t safer.

Thank you,
Mark and Nicole Conley
900 Kennedy Drive, Capitola.
713-9076
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From: Kathi Howard <[email protected]>
Sent: Thursday, September 25, 2025 5:15 PM
To: City Council
Subject: Traffic mess Bay Avenue
Dear council,
Please return the street to option 2.

I fully understand the fear surrounding the cross walk by the elderly people who live on Bay Ave. but the chance has caused so much chaos and anger by drivers it has caused a more dangerous situation. Trying to merge into a single lane with cars illegally running up a middle space which is not a lane to avoid waiting, dodging the fly through traffic in Nob Hill parking lot it you happen to be shopping and the complicated paint jobs trying to accommodate bicycle, handy cap, walking lanes. The poles tricking out if you are not able to merge in because of angry drivers.

Keep it simple not a maze.

The accident (tragedy) that brought this chaos. Happened a block away by an "impaired" driver who had to be traced down by our local CPD.

It would be nice if the city replaced the bent stop sign she also ran over as it happened over 2 years ago.

Thank you,

Kathi Howard
Capitola resident
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From: Joan Steele <[email protected]>
Sent: Thursday, September 25, 2025 7:09 PM
To: City Council
Subject: Hill and Bay intersection
Dear Capitola City Council,
Just a quick suggesƟon and this is probably coming late aŌer you decide at the meeƟng tonight, but my husband Dan and I think that just puƫng a light —a street light on that corner with only one pedestrian crossway would simplify the whole Bay/ Hill intersecƟon conundrum.

Thank you,
苆苇苈Joni and Dan Steele
Capitola
Sent from my iPhone
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From: Nancy Willard <[email protected]>
Sent: Friday, September 19, 2025 5:59 PM
To: City Council
Subject: Dismiss Claim Against Orbach
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about 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.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and a mother’s instinct to protect her family. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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.

Capitola residents should not have to watch their representatives be silenced or driven out by those who would rather bully than engage in dialogue.

Respectfully,
Nancy Willard
Stockton Ave.

Capitola, CA 95010
~~~~~~~~~~~~~~~~~~
Nancy Willard, MPH (she/her, they/them)
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From: Siu Lu <[email protected]>
Sent: Friday, September 19, 2025 10:25 PM
To: City Council
Subject: Request to reject the complaint against councilmember Orbach Dear Capitola City Council,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd—it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth. Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April 17 was clear: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a political environment where women are too often silenced, minimizing, or second-guessing their own lived experiences, Councilmember Orbach did what strong women do—she spoke up. That should never be treated as a transgression.

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment
by entertaining a baseless code of conduct complaint.

Let us be clear: Melinda did not slander, demean, or lash out—she asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman
in public service, and every mother in Capitola raising daughters to use their voices, is watching closely. To punish her would be to reinforce the oldest, most harmful message women hear: stay quiet, stay small, don’t upset power. I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Councilmember Orbach for insisting on civility is to reward harassment—and that is something no city committed to justice and equity should tolerate.

Respectfully,
Siu Lu
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From: Frank Rimicci Jr. <[email protected]>
Sent: Saturday, September 20, 2025 11:52 AM
To: City Council
Subject: Code of conduct and harassment
Dear council members, the possibility that this council would take disciplinary actions against Ms.

Orbach is simply preposterous, as She has been the subject of intimidation and harassment and merely has tried to cause such actions to cease. The same tactics were used against Alexander Peterson which ultimately led to His ultimate resignation. We should be aware that these sorts of tactics are used at all levels of politics which is no favor to Our democracy. I would hate to see Capitola allow another member of the council to be singled out for standing up for Her and Her familys safety. We all know She has had views differing from some in the community, but as We know differing opinions are needed to ensure all have a voice. We also know that We need to encourage the right of those that have been violated to speak out. I'm certain Capitola needs Melinda Orbach as a progressive voice for Her constituents.Please dismiss the code of conduct violation matter and move ahead with meaningful actions, such as the recent council action prohibiting filtered cigarette sales.Thanks for keeping Capitola moving forward. Frank Rimicci Jr. Corralitos
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From: Gayle Ortiz <[email protected]>
Sent: Saturday, September 20, 2025 12:16 PM
To: City Council
Subject: Agenda item 9b, code of conduct violation
Dear council,
As a former council member I know how vulnerable one can feel both in our community and on the Dais. Especially being a woman.

I was subject to outbursts at Ɵmes. I was subject to people calling my home, ranƟng about a vote I made, and even threatening me.

I feel a certain amount of shell-hardening needs to come with a public office.

I can’t for the life of me see how a council candidate asking where another candidate lives is even close to the kind of behavior that would precipitate a council member calling out a ciƟzen by name at a public meeƟng.

There should be some real proof that this person actually harassed or inƟmidated this council member.

If there is not, I encourage you to sensor the council member in order to encourage elected officials be truthful and tone down public discourse.

Thank you,
Gayle OrƟz
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From: Lora Lee Martin <[email protected]>
Sent: Saturday, September 20, 2025 2:45 PM
To: City Council
Subject: Dismiss Item 9B - Support letter for Councilmember Orbach Re: Support for Melinda Orbach- dismissal of Item 9B , September 25th Council Meeting Dear Capitola City Council,
The decision the Council makes regarding Item 9B on your September 25th Council meeting agenda is being watched across Santa Cruz County. The issue of intimidation and harassment of a council member, any council member, should not be tolerated in our community.

You have a choice before you. Will you encourage discourse and civil behavior or will you condone intimidation and harrassment of elected and appointed officials in our community? As the nation goes is NOT how a community in our County should go.

A review of the facts, what was said and what actions of intimidation took place, should be straightforward for this Council. Councilmember Orbach respectfully raised a serious issue at the Council meetings. She has acknowledged that naming the individual was a mistake. She has attempted to schedule a sit-down mediation with the individual which has now been scheduled for October (delayed by that individual).

I appreciate that a claim was filed by the person in question and that the City is compelled to take this up as a public agenda item. I urge you to acknowledge the importance of civility of discourse and protection of our public servants. Dismiss this claim and make a public statement about what level of behaviors are acceptable in our community. It is one thing to disagree on issues; it is another to use scare tactics and intimidation. The national dysfunction should not be allowed in our community.

Thank you for the service you all perform. Imagine. This could easily have been someone trying to learn where you and your children lived. You have the responsibility to condemn this sort of behavior, not encourage it.

Lora Lee Martin
Santa Cruz
[email protected]
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From: Maria Gitin <[email protected]>
Sent: Saturday, September 20, 2025 2:59 PM
To: City Council
Cc: [email protected]
Subject: Melinda Orbach Code of Conduct Complaint
Dear Capitola City Councilmembers,
Our nation is currently experiencing an extreme decline in civility. I’m disappointed to learn that the Council considers Councilmember Melinda Orbach speaking openly about harassment and intimidation is something to be criticized, let alone censored.

Councilmember Orbach has already acknowledged that her naming of an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and an instinct to protect her family.

She has offered mediation multiple times through the Conflict Resolution Center, and she continues to show restraint in the face of continued 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.

Capitola residents and shoppers like me should not have to watch elected representatives be silenced or driven out by those who would rather bully than engage in dialogue.

Please 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 and to further discourage women leaders from stepping up to serve. Capitola can do better. I hope that you will!
Respectfully,
Maria Gitin Torres
Mail 38 yrs at: PO Box 216, Capitola, CA 95010 Residence: Aptos, CA [email protected]
This Bright Light of Ours: Stories from the Voting Rights Fight https://www.thisbrightlightofours.com
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From: John <[email protected]>
Sent: Saturday, September 20, 2025 3:23 PM
To: City Council; City Clerk; Kevin Maguire
Subject: Item 9B
She thought she was the boss and was gonna rule over the city like Kristen did and accused a resident by full name from the dais of stalking. Then refused to walk it back staƟng, ‘her feelings are facts’.

She took months to agree to mediaƟon and only then bc she didn’t want to apologize and couldn’t strong arm her way through it.

She is on Camera at a public meeƟng breaking the code of conduct in a way only someone like her would debate. She is never going to admit fault and accountability, narcissists like her never do. The council has to hold her accountable. This is the job. Do the job.

Plus she’s super racist. Even amongst the local Dem party she has that reputaƟon.

Warmly JM
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From: Shebreh Kalantari-Johnson <[email protected]> Sent: Saturday, September 20, 2025 6:21 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
I write to you with deep concern regarding the Code of Conduct complaint against Councilmember Melinda Orbach. From my perspective as a fellow elected official, it is clear that this complaint represents a misuse of the Code—weaponizing a tool intended to uphold civility, not silence those who speak openly about harassment and intimidation.

Councilmember Orbach is a competent, thoughtful, and dedicated public servant who has consistently shown her commitment to her community. Her comments at the April 2025 Council meeting, while direct, were neither abusive nor defamatory. They reflected her lived experience as a mother, a health professional, and a civic leader who has been subjected to intimidation that crossed the line from political disagreement into personal threat. To punish her for drawing boundaries is to undermine the very principles of safety and respect that the Code of Conduct is meant to protect.

As someone who also serves in public office, I know firsthand how relentless and personal harassment can be—online, in meetings, and even within the halls where we govern. It is painful enough to endure bullying from members of the public; to have colleagues enable it by legitimizing baseless claims, is unacceptable.

We choose to serve because we care about our communities, but that service should never come at the cost of our dignity, our safety, or our ability to govern effectively.

Rather than fostering civility, this complaint erodes trust in public institutions and sends a chilling message to anyone—especially women—that speaking truthfully about intimidation will result in public punishment. Our communities cannot afford to lose competent leaders to manufactured controversy and harassment.

For these reasons, I strongly urge you to dismiss this complaint. Doing so is not only an affirmation of Councilmember Orbach’s integrity, but a commitment to ensuring that our local democracy remains grounded in fairness, respect, and the freedom to serve without fear of retribution.

Respectfully,
Shebreh Kalantari-Johnson
--
“Women belong in all places where decisions are being made” ~Ruth Bader Ginsburg
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From: Hannah Stubblefield <[email protected]>
Sent: Saturday, September 20, 2025 9:46 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd—it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April 17 was clear: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a political environment where women are too often silenced, minimizing, or second-guessing their own lived experiences, Councilmember Orbach did what strong women do—she spoke up. That should never be treated as a transgression.

And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Councilmember Orbach for insisting on civility is to reward harassment—and that is something no city committed to justice and equity should tolerate.

Respectfully,
Hannah
--
Hannah Stubblefield
www.wonderlandsantacruz.com
Wonderland Toys & Classroom Resources
19B Rancho Del Mar
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2 Aptos, Ca 95003
(831) 316-7261
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From: Leila Kramer <[email protected]>
Sent: Friday, September 19, 2025 8:09 PM
To: City Council
Subject: Possible Spam 9B Code of Conduct Complaint
Dear Capitola City Council,
I am wriƟng to express my deep concern about the Council’s decision to agendize a code of conduct complaint against Councilmember Melinda Orbach. This acƟon sets a troubling precedent for how the City responds to conflicts between councilmembers and creates unnecessary risk for Capitola.

The acƟons taken by the individual were perceived by Councilmember Orbach and her family as threatening.

Councilmembers have no formal means of defending themselves against suspicious behavior, implied threats, or inƟmidaƟon that may not meet the threshold of criminal conduct. In this case, Councilmember Orbach relied on the only tool available to her—her voice—to establish boundaries and protect her family.

Councilmember Orbach publicly apologized at the June council meeƟng for naming the individual, and she has consistently sought to de-escalate by offering mediaƟon. In fact, both parƟes are currently engaging in mediaƟon through the Conflict ResoluƟon Center, which is the most appropriate and construcƟve path forward. By scheduling this hearing, the Council undermines that process, complicates resoluƟon of the original conflict, and risks subjecƟng the complainant to further criƟcism for his acƟons.

Finally, moving forward with this hearing creates addiƟonal liability for both the City and Councilmember Orbach should this situaƟon result in liƟgaƟon Ɵed to the complainant’s tort claim for defamaƟon. Rather than protecƟng the City or resolving conflict, this approach exposes Capitola to further division and legal risk.

Therefore, I strongly urge the Council to dismiss this complaint on September 25. Capitola deserves leaders who prioriƟze fairness, safety, and mediaƟon—not those who turn conflict into a public spectacle that undermines trust and accountability.
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Leila Kramer
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From: Janine A. Roeth <[email protected]>
Sent: Sunday, September 21, 2025 9:57 AM
To: City Council
Subject: Dismissing the Complaint Against Councilmember Orbach Dear Council Members,
I am writing in strong support of Councilmember Orbach. As a woman and a minority serving her community, she deserves to feel safe speaking out when behavior crosses the line.

At a time when politics feels increasingly hostile and the safety of elected officials is already at risk, it is troubling to see the Council entertain a complaint against someone simply for naming what was happening and setting boundaries. Moving this forward sends a message that harassment works and discourages others — especially women and younger leaders — from stepping up to serve.

Please reject this complaint and show that Capitola stands for fairness, safety, and the right to speak out against intimidation.

Thank you,
Janine Roeth
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From: Renee Golder <[email protected]>
Sent: Sunday, September 21, 2025 6:05 PM
To: City Council
Subject: Councilmember Melinda Orbach
Dear Capitola City Council,
Our nation is currently experiencing an extreme decline in civility. I’m disappointed to learn that the Council considers Councilmember Melinda Orbach speaking openly about harassment and intimidation to be something that should be criticized, let alone censored.

As a fellow local elected official serving on the Santa Cruz City Council, I know firsthand how real and damaging this kind of harassment can be. I have had people drive by my house yelling “burn it down,” I have been called a “right-wing nut job,” and my kids and family have been bullied online. This is not acceptable behavior toward anyone, let alone community members who have stepped up to serve.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and an instinct to protect her family. She has offered mediation multiple times through the Conflict Resolution Center and has continued to show restraint in the face of ongoing personal attacks. Instead of supporting her good-faith efforts at resolution, your Council is legitimizing harassment by agendizing a code of conduct complaint that has no merit.

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

Respectfully,
Renée Golder
Renée Golder
City of Santa Cruz | Councilmember District 6
809 Center Street, Room 101, Santa Cruz, CA 95060
Web: cityofsantacruz.com
Need to Reach your other Representatives?
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2 County of SC District 3 Representative Justin Cummings State Assembly District 28 Assemblymember Gail Pellerin State Senate District 14 Senator John Laird
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From: Debbie Smallwood <[email protected]>
Sent: Sunday, September 21, 2025 6:19 PM
To: City Council
Subject: Fwd: Melinda Orbach
Dear Capitola City Council:

I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd—it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

In a political environment where women are too often silenced, minimized, or second-guessing their own lived experiences, Councilmember Orbach did what strong women doshe spoke up. That should never be treated as a transgression.

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

I urge this Council to reject this complaint decisively on September 25, 2025. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life.

To discipline Councilmember Orbach for insisting on civility is to reward harassment—and that is something
no city committed to justice and equity should tolerate.

Respectfully,
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From: michael routh <[email protected]>
Sent: Sunday, September 21, 2025 8:17 PM
To: City Council
Subject: Kevin MaGuire Code of Conduct complaint
Mayor and Council members,
It's been 5 months since Capitola resident Kevin MaGuire requested Council member Orbach make a public apology due to her slanderous charges against him and publicly shaming him for events that never happened. A Code of Conduct complaint was filed against Ms. Orbach. An offer of mediaƟon was proffered and turned down by Ms. Orbach, and so far the Council has not publicly addressed her unprofessional behavior, her violaƟon of the Code, nor has she issued any public apology.

How long does the city intend to drag their feet on this obvious violaƟon of the Council Code of Conduct? Is the Code just meaningless words that was never intended to be enforced? I realize it's easier to ignore the complaint with hopes it will just go away, but by doing nothing you condone Ms. Orbach's code of conduct violaƟon. It's Ɵme Council member Orbach apologize to Mr. MaGuire at a regularly scheduled City Council meeƟng. If she fails to do this, the Council should censure her and remove her from all appointed commiƩees.

Mick Routh
Sent from my iPad
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From: Lin Lac <[email protected]>
Sent: Sunday, September 21, 2025 9:03 PM
To: City Council
Subject: item 9B code of conduct complaint
Dear Capitola City Council,
I urge you to dismiss the complaint against Councilmember Orbach. In the face of inƟmidaƟon, Councilmember Orbach used the only tool she had to defend herself - her voice. She has already apologized for naming this individual and is now in mediaƟon. Having a public hearing about this will undermine that process.

We all know the current poliƟcal climate is tense, divisive, and oŌen hosƟle. Public servants at every level face constant criƟcism, inƟmidaƟon, and personal aƩacks. Serving on council is already demanding and stressful; to add weaponized complaints on top of that makes it harder for good people — especially women — to step up and lead. Capitola should be making public service more sustainable, not more punishing.

As a parent, I want to teach my kids — and especially my daughters — that their voices have the power to create posiƟve change, to speak out against injusƟce, and to demand that their boundaries be respected. This hearing sends them the opposite message: that when women speak up, they will be silenced, criƟcized, or punished. That is not the lesson we should be modeling as a community.

I urge you to dismiss the complaint on September 25 and let mediaƟon work.

Respecƞully,
Lin Lac
Sent from my iPhone
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From: Muriel Rose <[email protected]>
Sent: Sunday, September 21, 2025 9:19 PM
To: City Council
Subject: regarding Melinda Orbach
Dear Capitola City Council:

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Let us be clear: Melinda did not slander, demean, or lash out—she asserted her boundaries. For that she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to use their voices, is watching closely. To punish her would be to reinforce the oldest, most harmful message women hear: stay quiet, stay small, don’t upset power.

To discipline Councilmember Orbach for insisting on civility is to reward harassment—and that is something
no city committed to justice and equity should tolerate.

Respectfully,
Muriel L. Rose
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From: Tea Nguyen <[email protected]>
Sent: Sunday, September 21, 2025 9:42 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
I urge you to dismiss the complaint against Councilmember Orbach. In the face of inƟmidaƟon, Councilmember Orbach used the only tool she had to defend herself - her voice. She has already apologized for naming this individual and is now in mediaƟon. Having a public hearing about this will undermine that process.

As a parent, I want to teach my daughter — that her voice has the power to create posiƟve change, to speak out against injusƟce, and to demand that their boundaries be respected. This hearing sends them the opposite message: that when women speak up, they will be silenced, criƟcized, and punished. That is not the lesson we should be modeling as a community in 2025.

I urge you to dismiss the complaint on September 25 and let mediaƟon work.

Respecƞully,
Tea Nguyen
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From: Ang <[email protected]>
Sent: Sunday, September 21, 2025 9:56 PM
To: City Council
Subject: Item 9B – Protect Our Community’s Values
Dear Capitola City Council,
I ask you to dismiss the code of conduct complaint against Councilmember Orbach. She has already apologized and entered into mediation, which is the right and responsible way to handle this situation. A public hearing would not only jeopardize the mediation process but also set a harmful precedent for how we treat people who step up to serve our city.

Capitola prides itself on being a supportive, inclusive, and respectful community. This complaint, however, risks sending the opposite message: that raising your voice under pressure will be punished rather than understood. Councilmember Orbach was defending herself in a difficult moment — something many of us can relate to.

As a community, we should be encouraging capable, compassionate people — especially women — to take on leadership roles. If every misstep becomes grounds for a public reprimand, fewer people will be willing to serve. That would weaken, not strengthen, Capitola’s democracy.

Please let mediation do its work and dismiss this complaint on September 25. Doing so would affirm our city’s values and keep our council focused on the issues that truly matter to residents.

Sincerely,
Ang Yuasa
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From: Stephanie Chu <[email protected]>
Sent: Sunday, September 21, 2025 10:52 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
I am wriƟng to respecƞully urge you to dismiss the complaint against Councilmember Orbach.

In a moment where she felt threatened, Councilmember Orbach chose to speak up — using her voice as a means of selfprotecƟon. She has acknowledged the impact of naming the individual involved, expressed regret, and is now parƟcipaƟng in mediaƟon. Proceeding with a public hearing at this point risks disrupƟng that process and could ulƟmately do more harm than good. The current poliƟcal climate is increasingly polarized and oŌen hosƟle. Elected officials at every level — and especially women — are facing growing levels of personal aƩacks, inƟmidaƟon, and pressure. Public service is demanding enough without the added burden of complaints that can be used to shame or silence. If Capitola wants to aƩract and retain thoughƞul, capable leaders, it must foster an environment that supports rather than punishes those who serve.

As a parent, I hope to raise children, who believe in the power of their voice, who are unafraid to speak up for themselves and others. This hearing risks sending the opposite message: that speaking out invites punishment, not protecƟon. That is not the example we should be seƫng as a community.

I urge you to support the integrity of the mediaƟon process and dismiss the complaint at your September 25 meeƟng.

Sincerely,
Stephanie Chu
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From: Matt Orbach <[email protected]>
Sent: Sunday, September 21, 2025 11:35 PM
To: City Council
Subject: Item #9B - Public Comment
Dear Council,
Because only Mr. Maguire’s complaint letter is included in the agenda packet as an attachment for Item #9B with no corresponding information regarding Councilmember Orbach’s position, I believe it is necessary to provide the City Council (and the public) with some facts for your consideration, as it is not possible to make an informed decision about whether or not to dismiss the claim with only one side of the issue presented.

On Sunday, April 13, 2025, after returning from celebrating our son’s third birthday party, we were approached by one of our neighbors who informed us about the uncomfortable interaction he had with the person distributing Concerned Citizens of Capitola flyers that afternoon. According to this neighbor, a man had approached him to talk about the flyer, and as part of the conversation the man asked him if Councilmember Orbach lived in the neighborhood, to which he replied yes. When the man followed up with a question about whether she lived in that specific cluster of units, our neighbor said the interaction began to make him feel uncomfortable, so he declined to divulge the requested information and asked the person his name, to which the man replied 'Kevin.' Mr. Maguire has confirmed his presence at our condo complex that afternoon both in writing and in verbal statements to Mayor Clarke and Chief Ryan.

Intimidation can take many forms, including implicit threats like surveillance, which create a sense of feeling watched, vulnerable, and threatened in the person being surveilled. Implicit threats have been a favorite tactic of many infamous groups over time, from the German Gestapo to the mafia to the Ku Klux Klan, because they create fear without making any explicit verbal or written threats. No matter what his intent was, when we learned that someone with a well-documented dislike of Melinda, who had created and shared negative content about her during the lead up to last year’s election, who had stated online that “Melinda might be next” for a recall effort, and who had been posting a steady stream of passionate anti-train posts on Nextdoor and other social media sites about the meeting that Thursday, had come specifically to our condo complex and asked multiple times about where we lived, we felt watched, vulnerable, and threatened.

Councilmember Orbach’s statements at the April 17, 2025, meeting were based on facts, identified an action taken by a community member that she considered to be threatening, and politely requested that that type of activity stop.

Additionally, it should be pointed out that at the June 26, 2025, City Council meeting, Councilmember Orbach issued a detailed public apology for calling out Mr. Maguire by name that included acknowledging her mistake and stating that she would never do it again.

Councilmember Orbach was never offered and never declined any offers of mediation. In fact, she made offers of mediation to Mr. Maguire on June 26 and July 16 that he would not accept without preconditions before a final offer was accepted on July 31. That mediation is scheduled for October.

Agendizing this complaint now undermines the mediation process by creating conditions in which additional information and opinions about Mr. Maguire will be shared in public that could cause additional embarrassment, making him less likely to engage productively in the mediation process and more likely to pursue litigation. Mr.

Maguire already has a pending tort claim against the City that was pulled from the September 11, 2025, meeting agenda and subsequently continued to a date uncertain.
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2 At a time when elected officials are being assaulted and/or killed throughout this country with frightening regularity for their political beliefs, I urge you to consider what you would have done in a similar situation. Please ask yourself: What is more important, protecting my family or maintaining a ‘decorum’ that allows questionable or aggressive actions from members of the public to go unchecked? Reprimanding or censuring your fellow councilperson will reinforce the idea that elected officials are powerless to defend themselves from any sort of abuse, harassment, or intimidation while members of the public are beyond reproach for their conduct. Don’t weaponize the code of conduct. Stand by and support Councilmember Orbach, who did what she thought was right to identify unacceptable behavior, set boundaries, and call for civil discourse, and dismiss this complaint. Your actions will say a lot about your character and integrity as the leaders of this community.

Sincerely,
Matt Orbach
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1 Gautho, Julia
From: Nadene Thorne <[email protected]>
Sent: Sunday, September 21, 2025 11:39 PM
To: City Council
Subject: Fw: Comment about Capitola City Council Member Capitola City Council Members:

Below is a self-explanatory email I sent to the Democratic Women's Club after this Saturday's community forum on the upcoming ballot measures. In considering the subject of Ms. Orbach's, and other's actions in Capitola, perhaps you might wish to review the below.

Please do not hestitate to contact me for further information.

Nadene Thorne
831-266-5552
----- Forwarded Message -----
From: Nadene Thorne <[email protected]>
To: [email protected] <[email protected]> Sent: Saturday, September 20, 2025 at 02:41:52 PM PDT
Subject: Comment about Capitola City Council Member
Today at the end of the endorsement forums, a member stood up and spoke about how Melinda Orbach, Capitola City Council member, was being unfairly attacked by members of her community and threatened with a city council censure vote.

I find this ad hoc support for Ms. Orbach in the absence of any context well outside of the values and mission of the Democratic Women. This was a personal opinion presented as fact and further as the position of the club. I was shocked to hear such a commentary presented in this forum.

I hope you will castigate the speaker and adhere to your own community guidelines: that we learn to form an opinion by hearing all sides of a subject. What the speaker did was wrong and defamatory to the invisible and unacknowledged community member(s) Ms. Orbach is accusing.

I look forward to your response.

Nadene Thorne
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1 Gautho, Julia
From: Gin Ngo <[email protected]>
Sent: Sunday, September 21, 2025 11:49 PM
To: City Council
Subject: Item 9B code of conduct complaint
Dear Capitola City Council,
I urge you to dismiss the complaint against Councilmember Orbach. In the face of inƟmidaƟon, Councilmember Orbach used the only tool she had to defend herself - her voice. She has already apologized for naming this individual and is now in mediaƟon. Having a public hearing about this will undermine that process.

I urge you to dismiss the complaint on September 25 and let mediaƟon work.

Respecƞully,
Gin
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1 Gautho, Julia
From: Leslie Goodfriend <[email protected]>
Sent: Monday, September 22, 2025 8:37 AM
To: City Council
Subject: Melinda Orbach letter of support
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about 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. Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and a mother’s instinct to protect her family.

She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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 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 online vitriol, 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.

That is not the Capitola I believe in, and I stand firmly with her.

Respectfully,
Leslie Goodfriend
118 Ladera Drive
Santa Cruz, CA 95060
Sent from Yahoo Mail for iPhone
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From: Arathi Ravier <[email protected]>
Sent: Monday, September 22, 2025 2:37 PM
To: City Council
Subject: Significant Concern: In Support of Melinda Orbach Dear Capitola City Council,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd—it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Councilmember Orbach has already acknowledged that naming an individual was mistake she will not repeat. But the heart of her comments on April 17 was clear: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a political environment where women are too often silenced, minimizing, or second-guessing their own lived experiences,
Councilmember Orbach did what strong women do—she spoke up. That should never be treated as a transgression. Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Respectfully,
Arathi Ravier
--
“Smile, breathe and go slowly” - Thich Nhat Hanh
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From: Jack Brown <[email protected]>
Sent: Monday, September 22, 2025 3:00 PM
To: City Council; [email protected]
Subject: Support for Accountability in Capitola City Council Dear Mayor and Councilmembers,
I am writing to express my strong support for Kevin Maguire’s Code of Conduct complaint and to urge the Council to uphold the standards of accountability and professionalism that our community deserves.

On multiple occasions, Councilmember Melinda Orbach used her position at the dais to publicly accuse Mr. Maguire of harassment and intimidation — serious charges made without evidence and in clear violation of Capitola’s Code of Conduct. Rather than correcting the record, she repeated these claims and diverted Council business to pursue a personal attack on a private resident.

This conduct is especially concerning to me because I have personally experienced similar harassment from local rail activists. False allegations were made against me, and they even went so far as to contact my employer with fabricated claims that I was stalking, assaulting, and making racist statements. All of these were proven false, but the damage and stress caused by these tactics were very real. No resident should be subjected to this kind of behavior — and it is completely unacceptable when it comes from an elected official entrusted with representing our community.

The Capitola Code of Conduct explicitly prohibits personal charges, retaliatory conduct, and the misuse of official platforms for personal grievances. Councilmember Orbach’s actions fall far short of these standards. This is not a matter of political disagreement but of maintaining the integrity of public office and ensuring that residents are treated fairly and respectfully.

I respectfully ask the Council to adopt a Resolution of Censure and require corrective actions. Doing so will send a clear message that Capitola values civility, fairness, and accountability in government, and that public officials must never weaponize their position to smear or intimidate private citizens.

Thank you for your attention and for standing for integrity in city government.

Respectfully,
Jack Brown
523 Townsend Drive
Aptos, CA 95003
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From: Kristen Brown <[email protected]>
Sent: Monday, September 22, 2025 3:09 PM
To: City Council
Subject: Item 9B - Code of Conduct Complaint
Dear Capitola City Council Members,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd, it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

As a former Capitola City Council member who served eight years on council, including two terms as mayor, I understand how deeply concerning it is when boundaries are crossed by constituents. During my own service, I had photos of my home published online, people contacting my landlord to question my residency, and even a tracker placed on my car. These behaviors reveal a troubling belief that public servants are not entitled to privacy or personal safety.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April 17th was clear: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries that deserve to be respected. That should never be treated as a transgression.

Rather than inflaming conflict, Councilmember Orbach has sought resolution by offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership.

And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Let us be clear: Melinda did not slander, demean, or lash out. She stated facts of the inappropriate behavior she experienced and asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to use their voices, is watching closely. To punish her would be to reinforce the oldest, most harmful message women hear: stay quiet, stay small, and certainly don’t hold men accountable for their behavior.

Every minute the council spends on these trivial accusations against Councilmember Orbach is time taken away from the important work of running the city on behalf of all residents. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life.

I urge this Council to reject this code of conduct complaint decisively on September 25th. To discipline Councilmember Orbach for insisting on civility is to reward harassment, and that is something that no public servant should stand for.
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2 Thank you,
Kristen Brown
Former Capitola Mayor
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1 Gautho, Julia
From: Yvette Brooks <[email protected]>
Sent: Monday, September 22, 2025 3:50 PM
To: City Council
Subject: [PDF] Request to Dismiss Code of Conduct Complaint Against Council Member Orbach Attachments: Council Email.pdf
Please see attached letter for item 9B.
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Subject: Request to Dismiss Code of Conduct Complaint Against Council Member Orbach To: [email protected]
Dear Capitola City Council,
I write today with profound disappointment and deep concern as a Capitola resident, a mother, a constituent, and a former two-time Mayor who served six years on this Council. I cannot remain silent while the Council allows a baseless complaint to rise to the level of a public agenda item.

To consider placing Council Member Melinda Orbach on trial for speaking openly about 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.

The Capitola City Council and Commissioner Code of Conduct gives you clear authority to act in this moment. Section 8.4.3(b)(i) states: ·Where the Council determines that no violation occurred or that only a trivial violation occurred, or that the complaint does nat have merit far any ather reason, the Council may dismiss the complaint." This case meets that standard. A trivial violation is by definition a minor lapse that is unintentional, quickly acknowledged, and corrected without lasting harm. The only possible violation here is that Council Member Orbach named an individual while speaking about threatening behavior. She immediately admitted that this was a mistake, pledged not to repeat it, and has since worked tirelessly in good faith to resolve the matter. She did not slander, insult, or attack character. She stated facts about behavior that she experienced as threatening and set boundaries to protect her family. By every measure of the evidence and the timeline, this is the very definition of a trivial violation, if it is a violation at all.

Council Member Orbach's good faith efforts are undeniable:
• She offered mediation through the Conflict Resolution Center three separate times, with her third offer accepted on July 31, 2025.
• She engaged with the Center through August and September to set dates despite repeated scheduling delays. An intake has been completed and a face to face mediation is scheduled for October 7.
• She has endured months of online vitriol, threats of litigation, and calls for her removal, all while continuing to pursue a peaceful and constructive resolution. • She has publicly acknowledged her mistake and pledged not to repeat it.

Despite these efforts, the complainant escalated by filing a tort claim against her and the City.

Instead of supporting a colleague who is demonstrating accountability and restraint, this Council D
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is legitimizing harassment by agendizing a claim that your own Code of Conduct empowers you to dismiss.

What troubles me most is what this says about our city's priorities. In times when Capitola families are losing children to suicide, when immigrant neighbors live in fear of deportation, when crime is rising, when seniors are losing vital services, and when we should be preparing for the next flood, the Council is instead consumed with a trivial complaint. This is not leadership. It is political theater at the expense of our community.

As a woman and as someone who has endured the harsh scrutiny of public office, I know how brutal this type of attack feels. Too many women who have served on this Council have faced the same hostility. Earlier this year, Council Member Alexander Pedersen resigned under relentless harassment from the very individuals now targeting Council Member Orbach. This pattern must end.

I regret that I cannot attend the September 25 meeting due to a longstanding commitment, but I wish I could be there to deliver these words in person. Please accept this letter in the spirit of service to Capitola. Council Member Orbach acknowledged her mistake, sought mediation, and has done everything asked of her. The Code of Conduct gives you the authority to dismiss complaints when they are trivial or without merit. That is exactly the situation here.

I urge you to act decisively. Dismiss this complaint under Section 8.4.3(b)(i). Show our community that Capitola stands for fairness, truth, and unity, not intimidation. Give residents hope that their leaders will focus on the issues that truly matter. Anything less will betray the values we swore to uphold.

Respectfully,
Yvette Brooks
Former Mayor of Capitola
Resident, Constituent, and Mother
D
1 Gautho, Julia
From: Rachel Dann <[email protected]>
Sent: Monday, September 22, 2025 4:38 PM
To: City Council
Subject: Reject Item 9B
Dear Councilmembers,
I am writing to urge you to reject item 9b on your agenda and dismiss the claim against Councilmember Orbach.

I do not know Councilmember Orbach, but I have been around politics long enough to recognize politically motivated harassment and retaliation. Unfortunately, this is not the first time I have felt compelled to write a letter defending a woman in politics under attack.

Councilmember Orbach acknowledged her mistake naming a constituent by name who had allegedly been stalking her neighborhood and asking her neighbors where she lived. She sought professional mediation with this individual, and was in that process when the council agendized this item.

Instead of advancing claims rooted in divisiveness, I encourage City leaders to use this opportunity to speak out against all forms of harassment and intimidation. City leaders should aim to model respect, civility, and comity within the council chambers and in the larger community- particularly among those with whom we disagree.

This agenda item serves no constructive purpose. It does nothing to foster healthy, productive dialogue within our community and serves only to exacerbate divisions. Now more than ever we need leaders who will bring our communities together, not advance divisive claims that continue to tear us apart.

For these reasons, I respectfully ask you to reject this item.

Thank you.

Kind Regards,
Rachel Dann

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From: Caitlin Brune <[email protected]>
Sent: Monday, September 22, 2025 4:44 PM
To: City Council
Subject: Public Comment - Item 9B: code of conduct complaint Dear Capitola City Council members and Mayor Joe Clarke, My name is Caitlin Brune and I am a County resident who celebrates and works to sustain the wellbeing of the growing number of women in public office. I do so because data indicates that women consistently elevate issues tied to health, education, family wellbeing, and social safety, all of which feel extremely important to our overall community vitality. Additionally, the presence of women in elected bodies correlates with lower levels of corruption, greater investments in public goods, and stronger emphasis on long-term sustainability.

In supporting Councilmember Melinda Orbach through her campaign, I consistently saw her come back to core values of inclusivity, respect, willingness to listen, and concern for the needs and experiences of those historically marginalized in public processes, including working class individuals and families.

Melinda Orbach has brought compassion and enthusiasm and a very high ethic of responsibility and accountability to her constituents in fulfilling her role. She does her homework and speaks from factual, observable data when performing her duties. She also serves as an example to other women trying to find their voice in the public sphere to advocate for conditions that facilitate safety and wellbeing for every resident.

I am writing to ask that you dismiss the code of conduct complaint filed against Councilmember Orbach and take no further action.

We live in times where day-to-day living places extraordinary calls on our energy, especially for working parents raising young children. The role of public servant these days demands an especially high degree of maturity, discernment, and clear-headedness, which I have seen Melinda Orbach demonstrate time and again. As residents, we are invited to respect the hard work, intellectual and emotional labor, ethic of service, and faithfulness to constituents each Council member brings. Councilmember Orbach has identified and named conditions that would constitute harassment and bullying in most contexts. She has requested that her personal boundaries for safety and privacy be respected. Please act in good faith as her peers in defining and upholding conditions that allow her to perform the demanding role each of you fulfills free from undue fear and stress - the factors that previously led to the resignation of one of your peers on the Council. Please dismiss the code of conduct complaint and take no further action.

Respectfully,
Caitlin Brune
********
Caitlin M. Brune (she/her/hers)
We plant seeds that will flower as results in our lives, so best to remove the weeds of anger, avarice, envy and doubt, that peace and abundance may manifest for all. ~ Dorothy Day
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2 Schedule with me here: https://calendly.com/caitlinbrune Pronouns: she/her/hers ** Email: [email protected] ** Tel: 831-345- 1901 ** https://www.homeconsulting.me ** https://lovingtheworld.substack.com/ I live on the occupied unceded territory of the Awaswas-speaking Uypi Tribe. The Amah Mutsun Tribal Band, descendants of indigenous people taken to missions Santa Cruz & San Juan Bautista during Spanish colonization of the Central Coast, is working hard today to restore traditional stewardship practices on these lands and heal from historical trauma. I recognize that I benefit from living and working on their traditional homeland and affirm their sovereign rights as First Peoples.

Please note: my working day may not be your working day. Please don’t feel obligated to respond to my emails outside of your working hours.
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1 Gautho, Julia
From: Sherlock <[email protected]>
Sent: Monday, September 22, 2025 5:37 PM
To: City Council; City Clerk
Subject: Item 9B
Esteemed Council
I write with deep concern that the record does not include the following. AŌer returning home on the day in the quesƟon, a neighbor of mine told me he had had an interacƟon with MaƩ Orbach that unseƩled him. The neighbor reported MaƩ had seen a flyer on his door and then approached him asking if he saw who leŌ it. MaƩ then tried to coax out of the neighbor a story about how Kevin had asked quesƟons that the neighbor said never happened. MaƩ is a large imposing man with a record of not geƫng along with others, as his firing from Capitola showed us years ago.

The neighbor said MaƩ oŌen comes over to discuss revenge on the city for its slights to him, and refers to the residents below 41st as the “village people”.

However I don’t live in the area above 41st that is within Capitola, and best pracƟces demand you do not consider any input from nonresidents. And since what I am repeaƟng is hearsay and I might have just made up the neighbor like MaƩ may have, it’s best to ignore my email as well.

I do recommend the city remove themselves from having to pay any legal bills from Melinda’s acƟons. Tax dollars shouldn’t be wasted on corrupt poliƟcians using their power to aƩack residents at city council meeƟngs.

Puƫng Bay Hill and this at the same meeƟng was a fun choice.

WM
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From: Tracey Weiss <[email protected]>
Sent: Monday, September 22, 2025 6:09 PM
To: City Council
Subject: City Council Agenda Item 9B
Dear Capitola City Council -
I write today with deep disappointment that the Council has allowed a complaint to rise to the level of a public agenda item. I am a strong supporter of Councilmember Melinda Orbach, and I urge you to dismiss this claim outright during your meeting on September 25.

Public service is the highest form of service. To commit to improve and serve the residents of our community, is a reflection of quality of character and commitment to the values that the City of Capitola holds. To place Councilmember Melinda Orbach on trial for speaking openly about 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.

Progress can not happen in an environment of chaos. The City of Capitola needs to protect those individuals who are brave enough to serve the community, and protect Councilmembers from current relentless personal attacks.

Our community, our children, and the City of Capitola deserve better.

Respectfully,
Tracey Weiss
--
Tracey Weiss
Email: [email protected]
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From: heather b <[email protected]>
Sent: Monday, September 22, 2025 6:14 PM
To: City Council
Subject: Item 9B code of conduct complaint
Dear Capitola City Council:

I write today out of significant concern that this Council has chosen to elevate a complaint rooted in retaliaƟon and inƟmidaƟon to the level of a public agenda item. To allow this complaint against Councilmember Melinda Orbach to proceed as a public agenda item honors and jusƟfies the acƟon of the inƟmidator punishing a woman and her family.

Councilmember Orbach is a valued member of the community and has demonstrated her integrity and character as a Council Member, healthcare provider, mother and woman choosing to serve her community despite the Ɵme it takes her away from her young family. I can’t imagine the fear she must have had for her safety and the safety of her loved ones given the frightening acƟons of her accuser, especially in the light of recent poliƟcally moƟvated events and violence.

The Council sets this a dangerous precedent to every woman (and man for that maƩer) in this community that their voice can be punished for daring to tell the truth.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April 17 was clear: a woman, a mother, and an elected leader was asserƟng her right to safety and to draw boundaries when faced with threatening behavior. Councilmember Orbach did what strong women, or any member of our community should be encouraged to do-she spoke up. That should never be treated as a transgression.

To silence this is a true act of legiƟmizing harassment by entertaining a baseless code of conduct complaint.

Councilmember Orbach did not slander, demean, or lash out—she asserted her boundaries for her safety and to demonstrate her character and commitment to a peaceful resoluƟon.

In our small county and large country, no one, including civil servants and poliƟcal figures, such as yourselves, should have to endure threats, online inƟmidaƟon and relentless personal aƩacks while serving our communiƟes. Ms. Orbach has sought resoluƟon, offering mediaƟon through the Conflict ResoluƟon Center mulƟple Ɵmes. Surprisingly, her willingness to meet in good faith has been met not with respect, but with conƟnued aƩacks on her character and aƩempts to discredit her leadership. For what purpose does this conƟnued support of the inƟmidator serve but to further reinforce the oldest, most harmful message women hear: stay quiet, stay small, don’t upset power.

I urge this Council to reject this complaint decisively on September 25, 2025. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over inƟmidaƟon, and who protect the right to safety and respect in public life.

To discipline Councilmember Orbach today for insisƟng on civility is to reward harassment—and sets precedent for future harassment/punishment of public figures and that is something no city commiƩed to jusƟce and equity should tolerate.

Respecƞully,
Heather Bristol
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From: Neil Waldhauer <[email protected]>
Sent: Monday, September 22, 2025 6:23 PM
To: City Council
Subject: item #9B, Code of Conduct Complaint, support letter for Melinda Orbach Please dismiss this claim against Melinda Orbach at the 9/25/25 meeting. I feel that she was bullied while she was working to make Capitola a better place.
thank you.

Neil Waldhauer
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From: Anya Curtis <[email protected]>
Sent: Monday, September 22, 2025 6:37 PM
To: City Council
Subject: [PDF] item 9B code of conduct complaint
Attachments: Item 9B Code of Conduct Complaint.pdf
Dear Mayor and Councilmembers,
Please find my attached letter regarding Item 9B on the September 25 agenda. I urge you to dismiss the code of conduct complaint against Councilmember Orbach.

Thank you for your time and consideration.

Sincerely,
Anya Curtis
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Dear Mayor and Councilmembers,
I'm writing as a community member who is deeply concerned about the treatment of Councilmember Melinda Orbach. \/Vhat is happening here is not just about one complaint - it is about whether Capitola values honesty, fairness, and the safety of those who step up to serve. lllltlen Councilmember Orbach spoke on April 17, she did not engage in name-calling or personal attacks. She described what had happened to her and asked for basic respect and boundaries. As a mother, a nurse practitioner, and a neighbor, she did what any of us would do: she spoke out when she felt threatened. That is not a violation of the Code of Conduct -that is common sense and courage.

She has already acknowledged that naming an individual was not the best choice and has reached out multiple times to resolve the issue through mediation. That willingness to own mistakes and work toward reconciliation is exactly the kind of leadership we should want on our Council.

To move this complaint forward now would send a damaging message -that speaking honestly about harassment can be twisted into "misconduct," and that those in power will not back colleagues who set boundaries. It risks discouraging good people, especially women and young people, from ever considering public service in Capitola.

I urge you to dismiss this complaint on September 25 and allow our Council to focus on the real issues facing our community.

Councilmember Orbach deserves support, not punishment, for showing integrity and standing up for herself, her family and her community.

Respectfully,
Anya Curtis
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1 Gautho, Julia
From: Alexander Pedersen <[email protected]> Sent: Monday, September 22, 2025 7:22 PM
To: City Council
Subject: Agenda Item 9B Code of Conduct Complaint
Capitola City Council Members,
I am writing to express my concern over the decision to place a code of conduct complaint against Councilmember Melinda Orbach on the September 25 agenda. This complaint does not reflect misconduct but reinforces a pattern of harassment that is now being legitimized by the Council itself.

On April 17, Councilmember Orbach spoke candidly about an intimidating experience for her and her family. She was clear about her values of supporting free speech, welcoming disagreement, and civil discourse. What she opposed were behaviors that crossed into harassment and people escalating rhetoric beyond the bounds of civility. Any parent or community member in that position would have felt compelled to say the same.

She has taken repeated steps to resolve this conflict through mediation and those efforts have not been met in good faith. Councilmember Orbach did not slander anyone but described behaviors that occurred and set boundaries around her family’s safety.

If the Council allows this complaint to proceed, the message to every resident will be that harassment works. Capitola cannot afford to drive out its representatives through campaigns of intimidation. We need leaders who will defend open dialogue and personal safety, not enable those who would silence voices they dislike.

I urge you to dismiss this complaint outright on September 25. Capitola residents deserve nothing less.

Alexander Pedersen
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From: Pmcveigh <[email protected]>
Sent: Monday, September 22, 2025 7:52 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25 Nothing wrong with naming names of people who are out of line she is being harassed by an individual who needs to be held accountable. Thank you.

Sincerely,
Have a good day
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From: WSmith <[email protected]>
Sent: Monday, September 22, 2025 8:02 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Sincerely, Wendy Smith
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From: Russell Weisz <[email protected]>
Sent: Monday, September 22, 2025 8:07 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,we urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Sincerely,
Judith Carey, Russell Weisz
319 Laguna St, Santa Cruz, CA 95060
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From: Jensen Maass <[email protected]>
Sent: Monday, September 22, 2025 8:09 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25. The person she named is a menace to anyone who disagrees with him.

Sincerely,
Valerie Jensen Maass
Sent from my iPhone
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From: Donna Hall <[email protected]>
Sent: Monday, September 22, 2025 8:09 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Are we following in Trump's footsteps?
Sincerely,
Donna Hall
Soquel
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From: Pamela Simmons <[email protected]>
Sent: Monday, September 22, 2025 8:22 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

I have been stunned by the behavior of many individuals with strong beliefs on one side or the other. To request that all parties adhere to the Code of Conduct is not a bad thing. What is a bad thing is to use it as a hammer against some trying to request civility from our civil servants.

Sincerely,
Pamela Simmons
Attorney at Law
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From: Greg Cole <[email protected]>
Sent: Monday, September 22, 2025 8:30 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,
I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Sincerely,
Greg Cole
Sent via BlackBerry Hub+ Inbox for Android
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From: Siena Shaw <[email protected]>
Sent: Monday, September 22, 2025 8:40 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,
I urge the Council to dismiss the complaint against Council member Orbach on September 25. Puƫng her on trial for speaking openly about her experience of harassment would be a dangerous precedent to set for every woman in Capitola who dares to speak her truth.

Sincerely,
Siena
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From: Kitty Hansen <[email protected]>
Sent: Monday, September 22, 2025 9:16 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Capitola City Council members:

I am shocked that this person who disagrees with Councilwoman Melinda Orbach is allowed to further harass her by filing a complaint against her. Women (and mothers) have enough obstacles in our way as we navigate careers and parenting.

I sincerely hope that you ask this demented individual to leave Orbach alone. We don't want to lose her on our City Council.

Will you please ban him from all future City Council meetings? He is politicizing our community, and causing harm to the residents of Capitola....we don't deserve this AT ALL.

Thank you,
K Hansen
Capitola
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From: Jan <[email protected]>
Sent: Monday, September 22, 2025 9:19 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Sincerely,
Jan Burroughs
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From: TJ Anderson <[email protected]>
Sent: Monday, September 22, 2025 9:21 PM
To: City Council
Subject: Item+9B+Code+of+Conduct+Complaint
Dear Council members, I urge the Council to dismiss the complaint against Council member Orbach on September 25, 2025.

Sincerely,
T Anderson
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From: Phuong Tracy Ton <[email protected]>
Sent: Monday, September 22, 2025 9:26 PM
To: City Council
Subject: Item 9B code of conduct complaint
Dear Capitola City Council,
I urge you to dismiss the complaint against Councilmember Orbach. Councilmember Orbach used her voice to defend herself. She has already apologized for naming this individual and is now in mediation.

Having a public hearing about this will undermine that process. It also sends the message; if you speak up, you will be silenced and punished.

I urge you to dismiss the complaint on September 25 and let mediation work.

Respectfully,
Tracy Ton
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From: Molly Ording <[email protected]>
Sent: Monday, September 22, 2025 9:27 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Council-members:

We strongly urge you, the Council, to stand with your fellow Councilwoman, Melinda Orbach and strongly & firmly dismiss and flatly discourage any future personal aƩacks or intrusions upon your fellow council member, which absolutely include her personal, home & family space. These tacƟcs cannot and should not be tolerated in no uncertain terms!
Disagreements on policies, decisions and votes are acceptable but carrying them over into one’s private life and space is absolutely unacceptable! We urge you to speak up and act to clearly discourage any future behaviors and acƟons such as Councilmember Orbach and her family have had to contend with! This is your duty and your obligaƟon as an elected member of our Capitola City Council!
We strongly urge the Council to dismiss the complaint against Councilmember Orbach on September 25th.

Most sincerely,

MOLLY & MICKEY ORDING
218 Monterey Avenue
Capitola
Sent from my iPhone
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From: S. LaVerne Coleman <[email protected]>
Sent: Monday, September 22, 2025 9:30 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Council members,
I respecƞully urge you, as individuals and as a governing body, to dismiss the complaint against Councilmember Orbach on September 25.

Whether a consƟtuent agrees or disagrees with her, no one should have to endure the ongoing harassment that she and her family have been subjected to. Though naming the harasser may not have been the best choice, I thank her for speaking out.

It needed to be made public, and she has my unwavering support.

Sincerely,
S. LaVerne Coleman
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From: Chris Vinson <[email protected]>
Sent: Monday, September 22, 2025 9:54 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
We support Councilmember Orbach.
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From: Matt Farrell <[email protected]>
Sent: Monday, September 22, 2025 10:03 PM
To: City Council
Subject: Agenda Item 9B Comment Letter on Code of Conduct Complaint Mayor Clarke and Councilmembers,
I am writing to oppose the scheduling of a public hearing regarding the code of conduct complaint filed against Councilmember Melinda Orbach.

At the April 17 Capitola City Council meeting, Councilmember Orbach commented on harassment and threats made against her by Capitola neighbors. She named the complainant who has filed this complaint as one of those who had harassed her; and who had visited her neighborhood, asking her neighbors where she lived. Regardless of his intent, the complainant's actions caused Ms. Orbach to fear for the safety of herself and her family. She used the only means of defending herself and her family: her voice. She called for respect and civility in discourse and behavior.

Apparently naming a complainant at a city council meeting is contrary to city policy. For this reason, at the June 26 Council meeting, Councilmember Orbach publicly apologized for naming the complainant during the meeting; and stated that she would not do this again.

Councilmember Orbach has been proactive in working to engage in mediation with the complainant; and has made herself available to meet and start engaging in this process. This meeting, facilitated by the Conflict Resolution Center, is scheduled for October.

The best solution to this situation is conflict resolution; and both parties are engaged in this process.

Holding a public hearing on this complaint undermines the ongoing conflict resolution process, short circuiting a process which has already started.

I urge the Council to dismiss this complaint; and allow the resolution process to proceed.

Matt Farrell
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From: Amie Forest <[email protected]>
Sent: Monday, September 22, 2025 10:03 PM
To: City Council
Subject: Strong Opposition to Item 9B – Support for Councilmember Melinda Orbach Dear Mayor and Members of the Capitola City Council,
I am writing to express my deep concern and outrage that Item 9B has even been added to your 9/25/25 agenda. The attempt to pursue a code of conduct complaint against Councilmember Melinda Orbach is not only unjust, it is a dangerous misuse of process that undermines the very principles of democracy, public service, and civil discourse that this council is meant to uphold.

Councilmember Orbach has shown nothing but integrity, courage, and dedication in her service to our community under extremely difficult circumstances. Her comments on April 17 were made in good faith, in response to threatening behavior that no public servant—or their family—should ever have to endure.

She spoke truthfully, factually, and with a clear purpose: to set healthy boundaries and protect her family from intimidation. To suggest that this constitutes a code of conduct violation is absurd and insulting, especially given her repeated efforts to resolve the conflict through mediation.

It is unacceptable that the council is considering punishing one of its own members for defending herself against harassment. By moving forward with this complaint, the council sends a chilling message: that those who speak openly about harassment will be silenced, while those who engage in intimidation tactics will be emboldened. Capitola deserves better. Our country deserves better, too.

I urge you in the strongest terms to dismiss this complaint immediately and not allow Item 9B to be used as a political weapon. The residents of Capitola elected Councilmember Orbach to bring her voice, her values, and her leadership to the council. She should be supported, not subjected to public trial for doing what any responsible person would do—standing up for herself and her family.

I am deeply disappointed in the Councilmembers who have voted to validate this complaint from Mr.

Maguire, this is setting a very dangerous precedent, letting the bully rewrite the story as the victim. Please do what is right. Vote to dismiss this claim and put an end to this baseless and destructive effort.

Thank you,
Amie Forest,
516 Oak Drive, Capitola
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From: Tiffany Wise-West <[email protected]>
Sent: Monday, September 22, 2025 10:26 PM
To: City Council
Subject: 9/25/25 Agenda Item 9b: Request to Dismiss Code of Conduct Violation Claim September 22, 2025

Email to: [email protected]

Re: Request to Dismiss Code of Conduct Violation Claim against Councilmember Orbach

Dear Capitola City Council,

As a resident of Capitola for over 20 years, I write today with disappointment that the Council has allowed a baseless complaint against Councilmember Melinda Orbach to rise to the level of a public agenda item. Doing so has essentially placed Councilmember Orbach on trial for speaking openly about harassment and intimidation, which is not only absurd—it is an insult to every resident who expects their leaders to stand up for civil discourse, safety, and respect.

While neither violation purported by the complainant has any merit whatsoever, Councilmember Orbach acknowledged that naming that individual was a mistake she will not repeat. Nonetheless, her comments on April 17, 2025 were rooted in truth, transparency, and a mother’s instinct to protect her family. Councilmember Orbach described ongoing threatening behaviors accurately and has evidence of it. 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.

Councilmember Orbach has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and she continues to show restraint in the face of relentless personal attacks. Instead of rewarding good-faith efforts at resolution, this Council majority is legitimizing harassment by publicly considering agendizing a code of conduct complaint that has no merit. Unless dismissed, the Council majority’s actions will be construed as complicity in the unwarranted and dangerous harassment that has taken place.

Capitola residents are outraged to witness attempts to silence their duly elected representatives and/or drive them out of office by those who would rather bully rather than engage in authentic and meaningful dialogue in a neutral facilitated environment.

Thank you for consideration of this letter and the facts surrounding this unfortunate turn of events. I urge you to dismiss this claim outright on September 25. It is important that Capitola's leaders protect truth and principle and do not bow to intimidation. Punishing Councilmember Orbach for demanding civility sends a message that harassment works. That is not the Capitola I believe in and I stand firmly with her. Capitola can and should do better.

Respectfully,

Dr. Tiffany Wise-West, P.E.
4795 Opal Street
Capitola, California 95010
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From: DJ Timpany <[email protected]>
Sent: Monday, September 22, 2025 10:58 PM
To: City Council
Subject: Item 9B Code of Conduct complaint
Dear Members of Capitola City Council,
Please vote against the code of conduct complaint
which has been lodged against Capitola City Councilmember Melinda Orbach. She has been subjected to extreme retaliatory actions by persons in organizations that disagree with her position on the rail trail.

Despite her attempts to resolve the conflict through
mediation with the Conflict Resolution Center, severe
harassment has continued.

Stand up and stand strong for respectful discourse and community safety.

Thank you for your consideration of my request.

Joan DJ Timpany
25 year resident of
Santa Cruz County
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From: Tim Pedemonte <[email protected]>
Sent: Tuesday, September 23, 2025 5:47 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Sincerely,
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From: david van brink <[email protected]>
Sent: Tuesday, September 23, 2025 6:09 AM
To: City Council
Subject: re: Item 9B -- in support of Councilmember Orbach Dear Capitola City Council --
Please dismiss the spurious attack (one of many) against Councilmember Orbach. She has acted always in good faith. There is a bit of a "mob" aspect to this as well.

Respectfully -- David Van Brink
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From: christine morgan <[email protected]>
Sent: Tuesday, September 23, 2025 6:42 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Sincerely, Rev. Christine Morgan
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From: [email protected]
Sent: Tuesday, September 23, 2025 7:38 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,
I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Every woman in public service, and every parent raising daughters to speak up, is watching this case. To discipline Councilmember Orbach risks reinforcing the oldest harmful message: stay quiet, stay small, don't stand up for your rights.

Sincerely,
Colleen Young
Sent from my iPhone
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From: Susan Mingione <[email protected]>
Sent: Tuesday, September 23, 2025 8:10 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,
I urge the Council to dismiss the complaint against Councilmember Orbach on September 25. It’s appalling that it’s even gone this far.

Sincerely,
Susan P Mingione
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From: Myles Corcoran <[email protected]>
Sent: Tuesday, September 23, 2025 8:16 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Council members,
Please dismiss the complaint against Council member Orbach.

Sincerely,
Myles F Corcoran
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From: Joe Farsakh <[email protected]>
Sent: Tuesday, September 23, 2025 9:05 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
I urge the council to vote to dismiss this claim.

I do not believe that the actions taken constitute a violation of the code of conduct.

It is important to be able to express the need for respectable boundaries when there is animosity directed towards a council member.

This code of conduct complaint is just another form of legal harassment that has been used to target Melinda Orbach and other council members in the past.

This needs to stop. For a functioning democracy, we need to support and encourage participation in civic responsibility, not silence council members by harassing them and their families.

This is appalling.
-Joseph Farsakh
Resident of Santa Cruz County

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From: Sally Arnold <[email protected]>
Sent: Tuesday, September 23, 2025 9:11 AM
To: City Council
Subject: Item 9B DISMISS the Bogus Code of Conduct Complaint Dear Councilmembers,
It is imperaƟve that you dismiss the Code of Conduct Complaint against Councilmember Orbach. We have here a public servant who has been harassed and stalked by a member of the public and then is punished for trying to stop it.

This is very reminiscent for me of the anƟ-rape work I did in the 1970’s. At that Ɵme, if a woman dared to stand up and confront her assailant in public she was aƩacked for being "unlady like”. The parallels are disturbing.

If Mr. McGuire is uncomfortable having his behavior described in public, he needs to change his behavior, not aƩack the person who told him to stop.

Given that any one of you could find yourself subject the exact same harassment and inƟmidaƟon that Councilmember Orbach has had to endure, it is shocking that you would want to encourage your consƟtuents to act like this. If you don’t support your colleagues on the council, you are telling your consƟtuents, “This is how we do things in Capitola. This is the level of poliƟcs we pracƟce here. Who ever is the most unpleasant and threatening will get their way.” I shudder to think what kind of place Capitola will become if you do not stop this now.

Concerned,
Sally Arnold
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From: Ernesto Anguiano <[email protected]>
Sent: Tuesday, September 23, 2025 10:13 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
I am writing to express my support for Councilmember Melinda Orbach and to urge you to act with fairness and integrity as you consider the Code of Conduct complaint against her.

In recent months, Councilmember Orbach and her family have faced significant threats and intimidation stemming from her policy positions, particularly from those associated with the anti-transit organization Greenway. This behavior not only undermines the values of respectful discourse and public safety but also threatens the democratic principles of our community.

Councilmember Orbach has bravely acknowledged that naming an individual was a mistake, a misstep she is committed to not repeating. Nonetheless, acknowledging individual actions should not be conflated with “abusive conduct” when the heart of her statements was to highlight and counteract threatening behavior against her and her family.

Elevating the complaint to a public hearing not only poses a risk of reinforcing negative precedents but could silence necessary conversations, especially those initiated by women in public service. Every woman, and indeed every community member who values honesty and integrity, is affected by these proceedings. Their right to safety, civility, and a fair chance at voicing concerns without fear of retaliation must be protected.

Councilmember Orbach has persistently reached out in good faith for mediation through the Conflict Resolution Center. Unfortunately, these efforts have been met with increased hostility. This response highlights the retaliatory nature of the complaint rather than any legitimate grievance about conduct.

Please show your support for a respectful and inclusive community by dismissing the complaint. Ensuring that our community leaders can operate without undue fear or intimidation is crucial to maintaining the fabric of our society.

Thank you for your attention to this important matter.

Thank you,
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From: Gustavo Castets <[email protected]>
Sent: Tuesday, September 23, 2025 10:15 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Sincerely,
Gustavo Castets
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From: Melody Sharp <[email protected]>
Sent: Tuesday, September 23, 2025 11:19 AM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

So sorry this happened. I’ve supported rail/trail for 40 years! Sincerely,
Melody Sharp
831-685-8318
Melodysharp.com
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From: Robert Ross <[email protected]>
Sent: Tuesday, September 23, 2025 12:28 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Sincerely, Robert Ross.
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From: Amanda Jackson Miller <[email protected]> Sent: Tuesday, September 23, 2025 12:44 PM
To: City Council
Subject: item 9b on 9/25/25 agenda
Dear Capitola City Council,
I am writing to express deep concern regarding the Council’s decision to agendize a code of conduct complaint against Councilmember Melinda Orbach. This move risks setting a troubling precedent for how the City responds to conflicts of this nature.

I speak not only as a concerned community member, but also as a woman and mother who has served as a locally elected school board member since 2014. When I first took office, my children were just 2, 9, and 12 years old. I know firsthand the anxiety that arises when public service intersects with personal safety—especially during times of heightened tension and eroding civility.

I also recall the challenges of being new to public office, and how easily missteps can occur. These moments should be treated as opportunities for learning, reflection, and growth—not just for the individual, but for the entire governance team. This situation calls for mutual support and a recommitment to shared norms and protocols, not a punitive process that isolates one member.

I urge the Council to allow the parties involved to resolve this matter through mediation—a process designed for healing and understanding—rather than through public censure or adjudication. I respectfully request that the Council dismiss this complaint outright on September 25.

To penalize Councilmember Orbach for advocating for civility sends a dangerous message: that harassment is effective, and that those who raise legitimate concerns about personal safety may be punished for doing so. This not only undermines the integrity of our public institutions, but discourages future leaders—especially women and parents—from stepping forward to serve.

Respectfully, and with appreciation for your service,
Amanda Jackson Miller
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From: chris amsden <[email protected]>
Sent: Tuesday, September 23, 2025 12:50 PM
To: City Council
Subject: Agenda Item 9B
Hello Council Members,
I'm writing regarding the Code of Conduct complaint and item 9B on the 9/25 agenda. After reading through all of the correspondence submitted to the City Council, it appears that (once again) many of the letters are from non-Capitola residents. Further, most of those submitting letters were not at the April 17th city council meeting where Council Member Orbach described what she perceived as harassment and intimidation.

I was with Kevin Maguire on the day in question. We were canvassing. Simply handing out fliers. We distributed over 300 fliers to multiple neighborhoods that weekend and had conversations with dozens of citizens about the Capitola trestle and the rail-trail.

One of the letters submitted to the City Council states: "The facts are clear: Councilmember Orbach described threatening behaviors accurately". This is from a person that wasn't even there when Mr.

Maguire was handing out his fliers. Many of the letters submitted to our City council had strikingly similar grammar and language. It appears that the rally cry went out to Mrs. Orbach's supporters to flood the City council with their sentiments of support based on hearsay.

This level of vitriol must stop.

We are a diverse community with a variety of opinions about what we want for Capitola. We elect our City council members to help us sort through these diverse opinions, and come together towards a common goal for the greater good of our community. It is important that our elected leaders listen to and hear the voices of their constituents to better understand what Capitolans want for our little beach town.

Whatever the decision is regarding Agenda Item 9B, I hope our City council will take this opportunity to clarify that in a town as small as Capitola, we are all neighbors. Those that don't share our opinion aren't our enemies. Let's stop pointing fingers and mud-slinging. We have important decisions to make for our community in the coming days, and we must find common ground in which to make these decisions.

Sincerely,
Chris Amsden
Phone: (408) 386-7484
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From: Monica Pielage <[email protected]>
Sent: Tuesday, September 23, 2025 1:13 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,
I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. The heart of her comments was about safety, respect, and boundaries — things every community should support.

Sincerely,
Monica Pielage
117 Darwin St.

Santa Cruz
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From: Cheryl Ban <[email protected]>
Sent: Tuesday, September 23, 2025 1:27 PM
To: City Council
Subject: Code of Conduct Complaint: Item 9B
Dear Capitola City Council Members,
This letter is in regards to Code of Conduct Complaint, item 9B for September 25, 2025 City Council meeting. I would like further discussion on this matter item 9B to determine what actions must be taken.

I was in attendance at the April 17, 2025 Capitola City Council meeting when Council Member Orbach decided to address the public about a personal experience from her seated position on the Council Dias.

Council Member Orbach was allowed as much time as needed to inform the public of what she described as intimidation, harassment, and someone showing up at her place of work, in which Council member Orbach called out by name, Kevin Maguire.

I was stunned to hear Council Member Orbach use this public city council meeting to speak about her fears, especially during a portion of the meeting reserved for Council Members to address the item on the agenda to vote on.

I am not making a judgement upon what clearly is an issue for Council Member Orbach and causing her fear.

I am questioning her judgement in an elected position of standing in our community to choose this moment, this meeting, to bring up her concerns.

I wondered what assistance could be provided to Council Member Orbach when she choose to insert her experience into the business at hand of a City Council meeting.

I wondered if she had contacted the police for assistance in this matter, filling a complaint, as this is a private matter, instead of using a City Council meeting.

I listened as a member of our community was called out by name, leaving the citizen accused, without redress.

It seemed to me his reputation was put into question, even slandered in front of his community and broadcasted over zoom.

Without an opportunity to defend himself from harm.

There is pain and suffering being accused without channels to remedy the situation.

As an attendee of this city council meeting, Council Member Orbach’s actions were disconcerting, shocking to me, leaving the general public in an awkward position.

Placing other City Council Members in a comprised position with another Council Member.

Also, exposing the City of Capitola to a possible lawsuit and the burden of added time and cost to the city.

Most important, one is left to consider, if this same unprofessional unexpected behavior could and would be used against a citizen in a public manner.

Unfortunately, I am unable to maintain confidence in the decision making of a Council Member, sadly I have lost trust.

This powerful entrusted elected position has been abused by a liberty taken by Council Member Orbach.
163
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My hope is that Kevin Maguire may find resolve to this public situation.

I am sorry that I witnessed this unnecessary experience at two Capitola City Council Meetings.

Sincerely,
Cheryl Ban
Capitola Resident
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From: Scott Farmer <[email protected]>
Sent: Tuesday, September 23, 2025 1:29 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
The public servants and families of Capitola are watching closely. No matter the issue or our individual political views, we strive to elect leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life.

Capitola has a long history of effective civil discourse. We are grateful to those who have chosen to lead this City. It is a wonderful place to live and play. We believe each member of the Council is committed to making it a better place. We are glad Council members have differing views. We understand differing views cause tension. This is the bedrock of our political system. True leaders work to find common ground within disagreement. The best results are derived from hard-earned compromise.

We are hopeful the Council will choose to be models of effective civil discourse. Instead of disciplining Councilmember Orbach for insisting on civility, please take the higher road. We urge you to dismiss the Code of Conduct complaint and commit to open and constructive dialogue with each other and the public.

In a political environment where women are too often silenced or minimized, Councilmember Orbach did what strong women do - she spoke up. Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. We know Councilmember Orbach has endured threats, online intimidation, and relentless personal attacks.This Council risks legitimizing this type of harassment by entertaining the Code of Conduct complaint.

Please carefully consider the example you are setting and do what is best for the public servants and families of Capitola. Please make the decision that best ensures a safe and effective environment for City leadership.

Respectfully,
Scott Farmer
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From: Rachel Martinez <[email protected]>
Sent: Tuesday, September 23, 2025 2:04 PM
To: City Council
Subject: Item 9b code of conduct complaint
To whom it may concern,
I write this letter regarding the code of conduct complaint against Councilmember Orbach. I support Melinda Orbach and believe this complaint should be dismissed at the 9/25/2025 meeting. Mediation that is underway should be allowed to take place freely. Although I do not live in Capitola, I do consider it a part of my community and believe we should be fostering a sense of togetherness and resolution rather than punitive measures and reactivity.

Sincerely,
Rachel Thorn
Aromas, CA
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From: Paul Boyer <[email protected]>
Sent: Tuesday, September 23, 2025 2:06 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Councilmembers,
I urge the Council to dismiss the complaint against Councilmember Orbach on September 25.

Sincerely, Local Resident
There is no room for the cowardice intimidation methods of those persuading & threatening council members.

If people cannot recognize they are all equally valued as 1 vote per person, then they should not be voting in the first place.

When people feel they can impact a scenario through intimidation, they are acting against the process.

If people are afraid that 'what they want' will not happen via voting processes, then they can run for a position and look to have a bigger impact on the scenario. 167
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1 Gautho, Julia
From: Paula Bradley
Sent: Tuesday, September 23, 2025 2:54 PM
To: City Council; Gautho, Julia; Ryan, Sarah ([email protected]) Subject: [PDF] Council meeting 9/2/25,Item 9B
Attachments: CC Item 9B.docx Melinda 9-25-25.pdf
Please forward attached public comments letter and redact my email address.

Please confirm receipt,
Thank you!
Paula Bradley (she/her)
P. O. Box 1146 Capitola CA 95010
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Subject: Item 9B Code of Conduct Complaint
Dear Mayor Clarke and Council Members,
Please dismiss Kevin McGuire s claims against Melinda Orbach and do not discuss this matter further in the public arena (hearing). His claims are unfounded. At the infamous 4/17/25 blue dot lynch mob meeting against Alex Pederson, Melinda firmly tried to firmly set some boundaries after McGuire continued to cross the line of decency. For months he had verbally attacked her credibility, actions, threatened a recall, on and on. McGuire would not be inquiring about her residence to deliver her flowers; he was inappropriate and threatening just like he would seem to anyone else.

Melinda did not violate decorum such as engage in abusive conduct, personal charges, or verbal attacks on the motives of others. The Code of Conduct is subjective, vague and allows interpretation.

McGuire on social media has demonstrated threats, intimidation, bullying and relentless trolling of Council member Orbach and her three predecessors, along with several others on Next Door for the last two years.

Instead of being ashamed of himself for what he did (Kevin was also the one who called Alex Pederson's work trying to get him fired which is shameful and wrong), he has continued to escalate his claims even though there have been efforts to mediate. Since mediation was offered why is this item being brought to a public hearing? Apparently, McGuire wants some kind of public reprimand.

A normal person who felt any shame for their behavior would back off and hope it goes away, but not Kevin.

It is a mistake to give a bully like McGuire more attention by discussing his claims at a public hearing and let him think he will get some kind of public vindication for bullying & harassing people, particularly public officials. Given the increasing hostility and violence toward public officials serving their community, the Council needs to show strong leadership, stand together on principal, not bow to intimidation and set boundaries for public behavior in public meetings. The public who attended the 4/17/25 lynch mob meeting did not feel welcome or safe. Legislative decisions should not be made in response to an angry mob, which is not the intent of freedom of expression. It was good idea to move the Police Chief to sit in front of the podium to observe the publics behavior more easily for threats to safety. If the Council vindicates McGuire, it rewards and encourages bullies like him to ramp it up. The City has more important business on the agenda than assuage this man's bruised ego. He is obviously not thin-skinned,
which has become toxic.

Keep in mind this is all about the Rail Trail and the anti-rail vocal minority continue to go after council persons or SCCRTC members who support the rail trail. These bad actors are trying to get Melinda to resign and have threatened a recall. Their MO is to relentlessly attack anyone who disagrees with their viewpoint, not to have public discourse. Anyone else who dares to disagree with them, will be similarly subject to their vitriol and disrespectful behavior. 169
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1 Gautho, Julia
From: Steve Lustgarden <[email protected]>
Sent: Tuesday, September 23, 2025 3:13 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear City Council Members,
Please stand with women, please stand with Councilmember Orbach. Every woman in public service is watching. So are parents raising daughters. We cannot send the message that women need to abide harassment; we must send a message that says, "you are safe to stand up for your rights." We deserve leaders who stand with women. Please stand with Councilmember Orbach. The complaint against Councilmember Orbach is rooted in intimidation. Elevating it to a public hearing sends a decidedly wrong message.

Thank you.

SL
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From: Karl Forest <[email protected]>
Sent: Tuesday, September 23, 2025 3:37 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
On May 8, 2025 Alexander Pedersen resigned from the Capitola City Council following an April vote regarding the Rail Trail, after which harassment in the form of a smear campaign of lies regarding his residence drove him from office. According to a May 9, 2025 article in Lookout Santa Cruz titled, “Citing harassment, Vice Mayor Alexander Pedersen resigns from Capitola City Council,” Council member Clarke was quoted saying, “…they felt the council member did what he felt best…” making “the best choice for himself and his family.” Nowhere in the article was any reporting of any council member other than Melinda Orbach defending Mr.

Pedersen, addressing the harassing lies. The council not standing up for Mr. Pedersen was wrong then.

And this is wrong now. You need to stand up for your fellow council members. Council Member Melinda Orbach, who has also suffered from harassment after the same April vote, has publicly named the continuing harasser and harassment, directed not only to herself but to her family, from online, in person, and email directed to her and the council. And now a tort claim that seeks monetary compensation for her speaking her truth, while he is allowed under our system to spew his lies. And is the council defending her? Maybe. When given the opportunity to do so unequivocally, Council member Westman moved to agendize further discussion on September 25. Enough members agreed to allow the continuation of this harassment rather than stop it once and for all. Perhaps this is in reaction to the tort claim. Perhaps there are other motivations. But it is plain to see there have not been any violations of the Capitola code of conduct by Council Member Orbach.

I ask the council on September 25 to put a stop to the bullying and dismiss this claim. You had the chance before to quickly and directly address this injustice and stop this outrageous claim. You should be supporting Council Member Orbach to speak openly about harassment and intimidation. You should be criticizing intimidating behavior from a community member, not censoring a fellow council member for openly protecting her family and herself.

Vote to dismiss. Support truth, principle and directly address this intimidation.

Thank you for listening.

Karl Forest
516 Oak Drive
Capitola
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From: Kevin Maguire <[email protected]>
Sent: Tuesday, September 23, 2025 4:09 PM
To: Clarke, Joe; Westman, Susan; Margaux Morgan; Gerry Jensen; City Clerk; Melinda Orbach; City Council
Cc: Goldstein, Jamie ([email protected]); Samantha Zutler; Concerned Citizens Of Capitola
Subject: [PDF] 9.25.2025 City Council Meeting Agenda Item 9 B: Code of Conduct Complaint - Amendment to Code of Conduct Complaint Against Councilmember Orbach Attachments: Amendment to Code of Conduct Complaint Against Councilmember Orbach.pdf Amendment to Code of Conduct Complaint Against Councilmember Orbach Filed by: Kevin Maguire
Date: September 20, 2025
Background
On June 12, 2025, I filed a formal Code of Conduct complaint regarding Councilmember Melinda Orbach’s remarks of April 17, 2025, and her subsequent doubling down on June 26, 2025. Upon further review of the City Council & Commissioner Code of Conduct (Administrative Policy I-42), I am amending my complaint to highlight additional violations and to address new misconduct that occurred on June 26—just two hours after Councilmember Orbach emailed me about mediation through the Conflict Resolution Center (CRC).

That same evening, she used the dais to reaffirm her accusations as both her “truth” and “facts.” In then in the same breath she also called this a “misunderstandings”

6.26.2025 Councilmember Orbach “ earlier today I sent an email to this individual advocating for a newkind of conversation one guided by experienced facilitators who can help us move beyond our misunderstandings”

Since then, the harm has been compounded by political allies submitting letters repeating the same falsehoods—many from individuals outside Capitola and using near-identical language. This complaint is not about political differences. It is about an elected official’s abuse of power, misuse of the dais, and violation of the City’s own Code of Conduct.

Original Attack – April 17, 2025
During a public meeting, Councilmember Orbach accused me of:
 “wandering around a council member’s neighborhood asking where they live,”  “engaging in physically threatening behavior that extends past politics to our homes and our families,” and
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2  “showing up to someone’s work and trying to get them fired.” These are some of the most serious accusations a public official can make against a private citizen. No police complaint, no report, no investigation, and no evidence exists to support them.

The facts: I was canvassing with other residents ahead of the Measure L vote. A witness confirms I did not “wander the neighborhood asking where Melinda lives.” I handed out flyers, as others did. At one point, I asked a gentleman if he knew anything about Measure L, Park Avenue and the Rail Trail plans. He said he did not. I asked him if he knew Councilmember Orbach and if he would pass along a flyer; he agreed. That was the extent of it.

Councilmember Orbach’s residence was public knowledge. She has described her perspective as representing the extreme east side of Capitola, publicly posted on social media during her campaign, and had a large campaign sign at her residence. To claim I was trying to uncover something hidden is false and slanderous.

Ironically, she framed her remarks as a call for “civil discourse,” while engaging in the very toxic conduct the Code forbids: personal charges, verbal attacks, and reckless misuse of office.

Continued Misconduct – June 26, 2025
After two months to reflect, Councilmember Orbach stated she “did not mischaracterize” me and described her earlier remarks as both her “truth” and “facts.” This is not a clarification; it is an escalation. After ample time to correct the record, she doubled down, leaving the harm ongoing.

On the same day, hours before the meeting, she emailed me about CRC mediation—then publicly repeated the same attacks that evening. This sequence shows the outreach was not genuine but intended for optics.

Rejected Mediation & Good-Faith Efforts (April–May 2025)  I contacted the Police Chief to check if any complaint or investigation existed. There were none.

The Chief offered to mediate. I accepted. Councilmember Orbach rejected/ignored it.  I met with the Mayor for over an hour. He offered to help restore civility and mediate. I accepted.

Councilmember Orbach rejected/ignored it.
 Only two months later (June 26) did she send a single email about mediation—then contradicted it at the dais that night.

Contemporaneous records exist: Text exchanges with Chief Ryan (May 2 and May 8) and Mayor Clarke confirming I sought a peaceful apology/mediation, and logistics texts with my canvassing partner confirming broad route-planning (not “wandering” or “targeting”).

July 24 Code of Conduct Discussion – Orbach’s Own Standard At the July 24 discussion of Policy I-42, Councilmember Orbach argued there must be a way to “legitimize whether it’s truly a complaint” and to dismiss unsupported complaints within 30–45 days. By her own standard of legitimacy, this complaint qualifies: the City’s video record shows her making false 173
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3 statements of fact from the dais and later doubling down. This is not policy disagreement—it is documented misconduct.

Bad-Faith Use of “Mediation” & Optics
 After April 17, I accepted mediation facilitated by the Mayor and Police Chief; Councilmember Orbach rejected those opportunities.
 On May 5, 2025, my canvassing partner met with Councilmember Orbach at her request. His contemporaneous message afterward stated: “The only reason Melinda agreed to meet was to check the box… just able to tell Chief Ryan she met with me.” This reflects performative engagement, not accountability.
 On June 26, she emailed about CRC, then doubled down hours later from the dais.

This pattern violates §6.1.2 – Avoiding Impropriety, using the appearance of civility to shield retaliatory, defamatory conduct.

Misuse of Political Connections
After my initial filing, a wave of support letters appeared repeating the same narrative. Many came from non-Capitola residents and used identical phrasing (“perceived harassment,” “felt intimidated,” “rooted in a mother’s instinct”), suggesting coordination rather than independent observation. None cites a complaint, report, or investigation. Feelings are not facts. Repeating them as accusations compounds harm, misleads the public, and makes writers complicit in perpetuating misuse of the dais.

Councilmember Orbach’s husband, Matt Orbach, submitted a second-hand account claiming that a neighbor felt “uncomfortable” and that I asked for details about where Councilmember Orbach lived.

This statement is neither corroborated by the neighbor himself nor accurate. The neighbor’s own letter to the Council contains no factual account of our interaction; it instead repeats the same generalized narrative of “perceived harassment.”
The truth is straightforward: during canvassing, I briefly spoke with a gentleman in the neighborhood and offered him a flyer. I asked if he knew Councilmember Orbach and whether he would be willing to pass along the flyer. He agreed. The exchange was polite, productive, and genuine — the kind of neighborly interaction I would welcome again. At no point did I press for information about her specific residence or attempt to make the interaction uncomfortable.

By contrast, Matt Orbach’s retelling is second-hand, inconsistent with what actually occurred, and appears crafted to fit Councilmember Orbach’s narrative of harassment. This type of uncorroborated hearsay only compounds the reputational harm caused by the original false statements from the dais.

Violations of the Code of Conduct (Administrative Policy I-42)  §5.1 – Decisions on the Merits: Acted on feelings, not facts/evidence.  §5.3 – Consider All Sides: Declared me guilty without due process or engagement. 174
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4  §5.4 – Decorum: Personal charges & verbal attacks against a resident.  §6.1.2 – Avoiding Impropriety: Retaliation for political criticism/recall activity; performative “mediation” to mask misconduct.
 §7.2.2 – Professional Conduct in Meetings: Diverted City business for personal attacks.  §7.2.4 – Public Communication: Failed to use tact and civility.  §8.3.1 – Oath of Office: If she believed crimes occurred, her duty was to report to law enforcement—not use the dais for accusations.

Legal & Constitutional Concerns
 Slander per se (California law): Public accusations of criminal/threatening conduct, made without evidence, that harm reputation.
 Chilling effect on First Amendment activity: Labeling lawful civic engagement (Nextdoor posts, canvassing) as “harassment” discourages participation.
 City exposure: If the Council declines to act, it risks appearing complicit in ongoing misuse of the dais.

Pattern of Conduct
This is not a one-time lapse. It is a pattern: acting on feelings over facts; using the dais for personal attacks; rejecting genuine mediation; doubling down instead of correcting; mobilizing allies to repeat falsehoods.

Requested Actions (Amended)

1. Adopt a Resolution of Censure against Councilmember Orbach.

2. Remove her from ceremonial roles and committee assignments until corrective steps are completed.

3. Require mandatory training in ethics, civility, and professional conduct.

4. Reaffirm that personal attacks from the dais are a gross misuse of office and direct presiding officers to immediately curtail such conduct.

Closing
This is not about politics. My speech has been about policy. Councilmember Orbach’s remarks were personal accusations, broadcast as facts, without evidence. The harm was public; the accountability must be public. The Council’s duty is to enforce its Code of Conduct. To ignore these violations is to condone them.

Respectfully submitted,
Kevin Maguire
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5 Capitola Resident
[email protected]
Attachment A: Statement of Facts (Concise)

1. Canvassing (April 2025): I canvassed neighborhoods with other residents to distribute flyers ahead of Measure L. This included areas near Councilmember Orbach’s residence. We did not “wander” to identify her address; her residence was public knowledge from campaign displays and posts.

2. Public Accusations (4/17): From the dais, Councilmember Orbach accused me of “wandering,” “physically threatening behavior,” and “showing up at someone’s work to get them fired.” She named me directly.

3. No Complaint/Investigation: I checked with the Capitola Police Chief. No complaints or investigations existed.

4. Good-Faith Mediation: I accepted the Mayor’s and the Police Chief’s offers to mediate in April; Councilmember Orbach rejected or ignored both.

5. Doubling Down (6/26): After two months, she publicly reaffirmed her accusations as “truth” and “facts” the same evening she emailed me about CRC mediation.

6. Witness & Records: A canvassing partner confirms the flyer distribution was part of a broad neighborhood effort. Contemporaneous texts reflect general coordination of routes and timing; texts with the Police Chief and Mayor, and emails to the council reflect my immediate request for a peaceful apology/mediation starting in April

7. Ongoing Harm: Support letters (many from non-residents) repeat her narrative; media coverage has amplified it. The reputational harm continues.

I declare under penalty of perjury under the laws of the State of California that the foregoing facts are true and correct.

Executed on 9/19, 2025, in Capitola, California.

Kevin Maguire
Kevin Maguire

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Melinda Orbach Claim
From Elizabeth Malmborg <[email protected]>
Date Tue 9/23/2025 4:57 PM
To City Council <[email protected]>
Dear Capitola City Council.

I stand firmly with Melinda Orbach and ask that the Council stop legitimizing harassment by agendizing a code of conduct complaint that has no merit. I was in attendance on April 17th and know firsthand that her comments on April17 were rooted in truth, transparency, and a mother's instinct to protect her family. Since that meeting Melina has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and she continues to show restraint in the face of relentless personal attacks. These good faith efforts must be met with united support from the Capitola City Council, her colleagues, by dismissing the claim outright at its September 25th meeting.

Now is the time to communicate your firm and public commitment to keeping our elected City Council members, their families, and their livelihoods safe and protected from personal attacks, harassment and political intimidation. None of us want a tragedy to unfold in our community due to disagreements about issues and flaring tempers. We desperately need you, the Capitola City Council, to demand civility, ensure safety, and facilitate respect for all those willing to serve on the City Council now and in the future. It is shameful to be watching our Capitola elected representatives be silenced or driven out by those who would rather bully than engage in dialogue.

As I have noted, I was in attendance at the April 17th meeting and it was a disgrace start-to-finish. ALL Capitola City Council members must do more to ensure meetings going forward are respectful and that disruptive behaviors are not tolerated at all. Frankly, it was shocking that the Mayor did not attempt to gain control of that meeting and try to establish calm as behavior rapidly diminished. It was a disgraceful meeting for everyone involved.To place Councilmember Melinda Orbach on trial for speaking openly about harassment and intimidation at the start of the meeting is not only absurd-it is an insult to everyone who attended that meeting.

We need needs leaders who insist on civil discourse, safety, and respect for everyone participating in Council meetings. Let's get back to work and focus on the real issues facing Capitola and its residents. Don't let intimidation tactics become the default mode of attack for anyone who may disagree with the Council or one of its members. We must do better here in Capitola. Dismiss the claim against Melinda Orbach on September 25th so our community can move on. Any other course of action is sure to result in more challenges and result in a chilling effect for those who may wish to do more in their communities.

Respectfully, D
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Melinda Orbach
From Leah Jack <[email protected]>
Date Tue 9/23/2025 5:03 PM
To City Council <[email protected]>
Good Afternoon,
I am writing on behalf of Melinda Orbach. You will find my letter attached here.

Thank you for your time and attention,
Leah K. Rogers
D
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about 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.

The facts are clear: Councilmember Orbach described 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 online vitriol, 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.

Sean and Jessica McElveny
Capitola Residents
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Agenda item 9b
From Bob Hickman <[email protected]>
Date Tue 9/23/2025 5:44 PM
To City Council <[email protected]>
Dear Capitola City Council
With regards to Item 98 on the agenda for Sept 25, 2025 I was in attendance at the 4/17 city council meeting and heard the comments made by Melinda Orbach I have since gone back and rewatched both of these council meetings.

Here is my take away.
4/17 She starts of by saying she has been threatened, felt intimidated, physically threatening behavior, and toxic behavior by individuals then calls out Kevin Maguire by name in a Public City Council Meeting.

She did not have any facts to back up her claims, just hearsay on what she perceived. She then uses her power as a council member on her podium to call out someone by name. He has no chance to respond as there are no more public comments.

If she really felt threatened, why did she not file a complaint with the police department? 6/26 She say's she did not Miscategorized, or call him names. Uhm physically threatening toxic behavior ... Yea that's someone saying bad things about you. No apologies given for any statements made nor anything else than to say I will not use his name again.

To me listening to those comments from 4/17 constitutes nothing but slander and harassment in a Very Public Forum by a member of the City Council. This is a gross violation of the code of conduct from a city official. A public apology could have been made on 6/26 but Instead it seems that she is restating the verbiage from 4/17 only this time not mentioning him by name.

Now with Regards to all of the letters that have been submitted on this item, 76 so far as of me writing this.

How many of these are drawn from Outside the city of Capitola? Do you notice almost all of the emails in support are basically cut and paste? I notice 2 different versions on this.

Finally
In the correspondence you have received

1. Letter from Matt Orbach (her husband) Wow he is taking it to a whole new level, Now he is labeling Kevin as Gestapo, kkk and the mafia, wow just wow the council members husband ...

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3. Finally the email from Chris Amsden who was there at the time and backing up Kevin's claims ........ .

So yea with Melinda's comments her husbands comments she needs to be censored and made to own up to her mis use of public power.

Respectfully
Bob Hickman
Capitola Ca. 95010Dear Council,
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Supporting Melinda Orbach councilmember
From kjsullivan <[email protected]>
Date Tue 9/23/2025 5:56 PM
To City Council <[email protected]>
Dear Capitola City Council members,
This letter is in support of Council member Melinda Orbach.

It is deeply upsetting that this baseless complaint against Council member Orbach has risen to the level of this September 25, 2025 public agenda item.

Councilmember Melinda Orbach has lived through and described her experience of harassment, intimidation, and threatening behaviors and she has tried her level best to resolve this issue with great integrity. She has offered solutions through the Conflict Resolution Center, in addition to other good faith efforts.

Councilmember Orbach is a leader and representative who is responsible, truthful, honest, trustworthy, and serving well the City of Capitola. We need leaders like this more than ever now and she should not be silenced and ignored, and we stand firmly with her.

Civility is crucial and we urge you to dismiss this claim outright on September 25. Capitola needs to move in a positive direction and protect those that honorably serve as City Council members.

Please count this as two votes standing firmly with Councilmember Melissa Orbach! Thank you for taking the time to read our letter and thank you in advance for taking the right step forward to protect Councilmember Melissa Orbach.

With much kindness and compassion,
Kristin and Mark Sullivan
[email protected]
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Item 98 code of conduct complaint
From Yazmin serna <[email protected]>
Date Tue 9/23/2025 9:05 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Council member Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Councilmember Orbach and her family as threatening. Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Council member Orbach relied on the only tool available to her-her voice-to establish boundaries and protect her family.

It is important to note that Council member Orbach publicly apologized at the June council meeting for naming an individual, and she has consistently sought to de-escalate by offering mediation. In fact, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Finally, moving forward with this hearing creates additional liability for both the City and Council member Orbach should this situation result in litigation tied to the complainant's tort claim for defamation. Rather than protecting the City or resolving conflict, this approach exposes Capitola to further division and legal risk.

What troubles me most is what this says about our city's priorities. In times when Capitola families are losing children to suicide, when immigrant neighbors live in fear of deportation, when residents are losing essential health care services, and when we should be preparing for the next flood, the Council is instead consumed with a trivial complaint. This is not leadership. It is political theater at the expense of our community.

I strongly urge the Council to dismiss this complaint on September 25. Capitola deserves leaders who prioritize fairness, safety, and mediation-not those who turn conflict into a public spectacle that undermines trust and accountability.

Respectfully,
Capitola Resident,
Yazmin Serna Esqueda
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Item 9b code of conduct complaint
From Justine Pawliuk <[email protected]>
Date Tue 9/23/2025 8:59 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Councilmember Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts.

We all know the current political climate is tense, divisive, and often hostile. Public servants at every level face constant criticism, intimidation, and personal attacks. I would hope that Capitola would rise above this rhetoric and let mediation work, rather than making a public spectacle of this issue. I would also hope that Capitola would value the safety of all of its residents, council members included, and supporVrespect when someone sets a boundary.

As a parent, I want my daughter to know that her voice has the power to create positive change, to speak out against injustice, and to demand that her boundaries be respected. This hearing sends her the opposite message:
that when women speak up, they will be silenced, criticized, or punished. That is not the lesson we should be modeling as a community.

Respectfully,
Justine Pawliuk
Soquel
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item 98 code of conduct complaint
From Amanda Crowder <[email protected]>
Date Tue 9/23/2025 8:54PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Councilmember Melinda Orbach and I urge you to dismiss the complaint against Councilmember Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Councilmember Orbach and her family as threatening. Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Councilmernber Orbach relied on the only tool available to her-her voice-to establish boundaries and protect her family.

It is important to note that Councilmember Orbach publicly apologized at the June council meeting for naming an individual, and she has consistently sought to de-escalate by offering mediation. In fact, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Finally, moving forward with this hearing creates additional liability for both the City and Councilmember Orbach should this situation result in litigation tied to the complainant's tort claim for defamation. Rather than protecting the City or resolving conflict, this approach exposes Capitola to further division and legal risk.

We all know the current political climate is tense, divisive, and often hostile. Public servants at every level face constant criticism, intimidation, and personal attacks. Serving on council is already demanding and stressful; to add weaponized complaints on top of that makes it harder for good people- especially women-to step up and lead. Capitola should be making public service more sustainable, not more punishing.

As a parent, I want to teach my kids - that their voices have the power to create positive change, to speak out against injustice, and to demand that their boundaries be respected. This hearing sends them the opposite message: that when women speak up, they will be silenced, criticized, or punished That is not the lesson we should be modeling as a community.

I strongly urge the Council to dismiss this complaint on September 25. Capitola deserves leaders who prioritize fairness, safety, and mediation-not those who tum conflict into a public spectacle that undennines trust and accountability.

Respectfully,
Amanda Crowder
Resident of Live Oak
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Melinda Orbach
From Stacee H <[email protected]>
Date Tue 9/23/2025 8:09PM
To City Council <[email protected]>
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about 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.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April17 were rooted in truth, transparency, and a mother's instinct to protect her family. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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, nor does it create trust with community members.

The facts are clear: Councilmember Orbach described 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 online vitriol, 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.

Respectfully,
Stacee Starkweather
926 Ponselle Ln. Capitola, CA
[email protected]
(831) 818-2407
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Letter submitted for your consideration - Item 98
From Mariah Roberts <[email protected]>
Date Tue 9/23/2025 7:59 PM
To City Council <[email protected]>
Dear
Capitola City Council,
Thank
you for your service. I write today knowing you to be leaders who support civil discourse and respect for others. These values are foundational to democracy, representative government and outcomes for our community. In light of this, public agenda item 9B
should be dismissed outright.

Council member
Orbach has acknowledged that naming an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and a mother's instinct to protect her family.

She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and she continues to show restraint in the face of relentless personal attacks. Recognizing these good-faith efforts at resolution, this Council should move to dismiss.

As
a community leader and mother who deeply values the essential work of our representative democracy, I welcome your role to lead with calm, fortitude and clarity and dismiss this claim outright on September

25. Respectfully,
Mariah
Roberts, MEd
[email protected]
831-419-1662
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Be careful with censures •.•
From lowell Hurst <[email protected]>
Date Tue 9/23/2025 7:56PM
To City Council <[email protected]>
Cc Samantha Zutler <[email protected]>
As one of the longest serving Council members in the county I am writing to express strong concern about your Council's decision to agendize a code of conduct complaint against Council member Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Council member Orbach and her family as threatening. Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Councilmember Orbach relied on the only tool available to her-her voice to establish boundaries and protect her family.

I strongly urge the Council to dismiss this complaint. Capitola deserves leaders who prioritize fairness, safety, and mediation-not those who turn conflict into a public spectacle that undermines the trust and accountability of good government.

Sincerely,
Lowell Hurst
Council member Emeritus
WATSONVILLE, CA 95076
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Item 98 Code of Conduct Complaint
From Melissa Ha <[email protected]>
Date Tue 9/23/2025 7:18PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing as someone who knew Councilmember Orbach from a prior community, and I want to share what I know of her character. Her service has always been tied to dedicating herself to the community, from high school volunteering to her career in healthcare, working for a nonprofit clinic. She has always been a person of integrity. She is someone who listens, leads with compassion, and speaks up when it matters. That is exactly what she did.

Councilmember Orbach is a dedicated and empathetic professional who is still new to this role. I believe it's an important aspect to be taken into account. She has apologized for naming an individual and has repeatedly sought mediation, despite continuing to face personal attacks. To punish her now would not only be unfair, but it would also send the wrong message that certain individuals should remain silent rather than speak their truth.

Capitola deserves leaders who value fairness, civility, and a growth mindset, not a process that deepens division or silences a person who has always led with honesty and courage. I believe she will keep leading with the same passion and genuine care she has always shown.

Respectfully,
Melissa H.

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Condemnation of Council Inaction & Demand to Dismiss the Code of Conduct Complaint From Vanessa Quiroz <[email protected]>
Date Tue 9/23/2025 6:43 PM
To City Council <[email protected]>
Dear Members of the Capitola City Council,
I am writing to express my deep disappointment and concern regarding the way this Council has responded to the ongoing harassment and intimidation directed at one of your own members - and more disturbingly, your collective failure to stand with her in the face of it.

It is unacceptable that, rather than offering public solidarity or institutional support, the majority of this Council appears more interested in legitimizing a bad-faith complaint by a member of the public who has engaged in behavior that borders on stalking and harassment. The comments made by Councilmember Orbach on Aprill7, 2025, were not attacks. They were a clear and courageous attempt to establish boundaries - boundaries that any public servant, and frankly, any person, has a right to assert.

The facts speak for themselves:
• A community member by the name of Kevin Maguire attempted to locate where a Councilmember lives.
• He has waged a sustained campaign of pressure, threats, and public shaming since then. • In response to this, the Council member offered dialogue, engaged a mediator, and worked through proper channels in good faith.
• Mr. Maguire escalated the matter by filing both a code of conduct complaint and a tort claim.

And yet, instead of dismissing this complaint for what it clearly is, a retaliatory action intended to silence and intimidate, this Council is entertaining the possibility of a public hearing, further subjecting your colleague to scrutiny and humiliation for having the courage to speak the truth.

Let's be absolutely clear: This is not about decorum. This is about power. It is about the silencing of the only progressive voice on the Capitola City Council, one who is a mother, a woman of color, a nurse, and a person trying to make a difference in her community, through tactics that should never be tolerated in any democratic institution. This Council should be protecting that voice, not joining the chorus attempting to drown it out.

The parallels between this case and the recent resignation of Council member Pedersen are impossible to ignore. Capitola cannot afford to lose another representative because this Council is too timid to call out harassment when it happens - even when it•s directed internally.

You were not elected to enable public intimidation. You were elected to lead. D 197
If you let this aoto a public hearlns, you are sl&nallns thattrutlt-tefllns, boundary-settlns, and em~ Item 5 D. honesty are punishable offense$ - espedaltv when they come from women In leadership. You a~~ send Ina a message to future candidates that serving on this Council comes with no protection from coordinated attacks - even when those attacks threaten the safety of one's home and family.

I Ulie you to do what Is rlaht:
• Dllmlu the Code of Conduct complaint Immediate"
• Condemn the ha~W~ment that your coleaaue has endured
• Redlnn your commitment to fostletlnsa rapedful, safe, and lnclusfve envlronmeat for all members of the Council-and the public
lbls council's lntesrhy Is on the line. lbe entire santa Cruz county community Is watching.

Best,
vaneaaa
Vaneaaa Quiroz.Cartar, Council Member District 2
Fonner Watsonville Mayor (2023-2024)
[email protected]
Office: 768-3008
Cell: (831) 235-8152
Hpw to pmnounpo my rwrytt
"Camlrtante, no hay puet11M, se hace puente$ at andar.
(Voyager. lllere lW no bridges, one builds lllem as one walks.} • - Gloria E. Anzalcl(la D
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Item 98 Code of Conduct Complaint
From lynda otero <[email protected]>
Date Tue 9/23/2025 9:13 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing as a Capitola resident to express strong concern about the Council's decision to agendize a code of conduct complaint against Councilmember Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Council member Orbach and her family as threatening. Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Councilmember Orbach relied on the only tool available to her-her voice-to establish boundaries and protect her family.

What troubles me most is what this says about our city's priorities. In times when Capitola families are losing children to suicide, when immigrant neighbors live in fear of deportation, when residents are losing essential health care services, and when we should be preparing for the next flood, the Council is instead consumed with a trivial complaint. This is not leadership. It is political theater at the expense of our community.

Respectfully,
Lynda Otero
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Item 98 Code of Conduct Complaint
From Tasha Fareed, MBA & Realtor <[email protected]> Date Tue 9/23/2025 9:14PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Councilmember Melinda Orbach.

This action sets a troubling precedent for how the City responds to conflicts between councilmembers and creates unnecessary risk for Capitola.

Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. The actions taken by the individual in this case were perceived by Councihnember Orbach and her family as threatening. In this case, Council member Orbach sought to establish boundaries and protect her family by voicing her concerns. It is important to note that Council member Orbach publicly apologized at the June council meeting for naming an individual, and she has consistently sought to de-escalate by offering mediation.

Apparently, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Respectfully,
Fatasha Fareed,
Santa Cruz County Resident
Confidentiality Statement: This email is intended only for the use of the indMdual or entity to which it is addressed. It may contain information that is prMieged, confidential and/or exempt from disclosure. I have not and will not verify any information supplied by third parties. If you have received this in error, please (1) do not use this information in any way; (2) notify the sender by reply e-mail; and (3) delete this message and any atmchments D 200
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Item 98 Code of Conduct Complaint
From Roland Saher <[email protected]>
Date Tue 9/23/2025 1 0:02 PM
To City Council <[email protected]>
Dear Councilmembers,l urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Sincerely,
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Item 9B_In Support of Council Orbach
From Martha Macambridge <[email protected]>
Date Tue 9/23/2025 10:15 PM
To City Council <[email protected]>
Mayor Clarke and councilmembers,
I am writing to express my support for Council member Melinda Orbach and to share my concern about the claims brought forward by Kevin McGuire.

Councilmember Orbach has consistently shown dedication, professionalism, and respect for her role.

During the April17, 2025 meeting, she acted appropriately in setting clear boundaries when lines of civility were crossed. I believe her response was measured and within the standards of decorum expected of an elected official.

Unfortunately, Mr. McGuire has, for some time, engaged in behavior that has felt hostile, personal, and at times intimidating toward Councilmember Orbach and others in public service. While differences of opinion are a normal and healthy part of democracy, personal attacks and relentless criticism cross a line and create a toxic environment that discourages meaningful civic participation.

The Council's time and energy are best spent on the important work of serving our community-on issues like transportation, housing, and public safety-rather than on amplifying conflicts rooted in personal grievances. By setting aside these claims, the Council can send a strong message that while public discourse and debate are welcome, harassment and intimidation will not be rewarded.

Thank you for your consideration and for your ongoing commitment to respectful and effective governance.

Martha Macambridge
[email protected]
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Item 98 - In Support of Councilmember Melinda Orbach
From Tina Andreatta <[email protected]>
Date Tue 9/23/2025 1 0:32 PM
To City Council <[email protected]>
Dear Mayor Clarke and Council members,
I respectfully ask that you dismiss the code of conduct complaint concerning Capitola City Councilmember Melinda Orbach.

It is unacceptable for any Capitola councilmember to face prolonged harassment for such an extended period.

Capitola residents should not tolerate their representatives being silenced or driven out by bullies who refuse to engage in dialogue.

Capitola needs leaders who stand for truth and principle, not those who fold under pressure. Punishing Council member Orbach advocating for civility sends a dangerous message: that harassment works.

Tina Andreatta
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Item 98 code of conduct complaint
From Giselle Serriteno <[email protected]>
Date Tue 9/23/2025 1 0:37 PM
To City Council <[email protected]>
Dear Capitola City Council,
My name is Giselle Serriteno and I am from the city of Santa Cruz. I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Council member Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Councilmember Orbach and her family as threatening. Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Councilmember Orbach relied on the only tool available to her-her voice-to establish boundaries and protect her family.

What troubles me most is what this says about our city's priorities. In times when Capitola families are losing children to suicide, when immigrant neighbors live in fear of deportation, when residents are losing essential health care services, and when we should be preparing for the next flood, the Council is instead consumed with a trivial complaint. This is not leadership. It is political theater at the expense of our community.

Respectfully,
Giselle Serriteno
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Item 98 Code of Conduct Complaint
From Julia Greenspan <[email protected]>
Date Wed 9/24/2025 6:17 AM
To City Council <[email protected]>
Dear Capitola City Council,
I write today out of profound concern for Melinda Orbach, as this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item.

To put Council member Orbach on trial for speaking openly about her own experience of harassment is not just absurd-it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth. Council member Orbach is a newer member and has already acknowledged that naming an individual was a mistake she will not repeat. Have we lost all empathy? Her comments on April 17 were genuine and valid: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a heightened political environment where women are too often silenced, minimizing, or secondguessing their own lived experiences, Council member Orbach did what leaders do-she spoke up.

That should never be treated as a transgression. Rather than inflaming conflict, Council member Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint. Melinda did not slander, demean, or lash out-she asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman in leadership is watching this closely.

To punish her would be to reinforce the oldest, most harmful message women hear: stay quiet, stay small, don't upset power. I urge this Council to reject this complaint decisively on September 25.

Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life.

To discipline Council member Orbach sets a dangerous precedent of rewarding harassment-and that is something no city committed to justice and equity should tolerate.

Respectfully,
Julia Greenspan, MBA
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Councilmember Melinda Orbach
From Jessica McEiveny <[email protected]>
Date Wed 9/24/2025 7:04 AM
To City Council <[email protected]>
@ 1 attachment (15 KB)
Council member Melinda Orbach.docx;
Hello - Please see the attached letter regarding the trial of Council member Melinda Orbach scheduled for 9/25/2025.

Sean and Jessica McEiveny
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Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about 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.

The facts are clear: Councilmember Orbach described 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 online vitriol, 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.

Sean and Jessica McElveny
Capitola Residents
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Upcoming Capitola City Council meeting.

From Sandra Torrez <[email protected]>
Date Wed 9/24/2025 7:51 AM
To City Council <[email protected]>
Dear Capitola City Council Members,
This email is to state my firm objection to the claim of misconduct filed against Council Member Melinda Orbach. She should not be punished for having a more progressive attitude and approach to city governance. She should be appreciated and respected for her public service and not be harassed to the point of near-resignation.

I am shocked and disappointed to learn that many Capitola Council Members do not seem to operate under Democratic principles. Surely the Council has more important business to attend to.

Please reject and dismiss the agenda item pertaining to the supposed misconduct of Melinda Orbach.

Respectfully Yours,
Sandra Torrez
Santa Cruz, California
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Item 98
From Teal Redwoods <[email protected]>
Date Wed 9/24/2025 8:11 AM
To City Council <[email protected]>
Dear Mayor and Members of the Capitola City Council,
I am writing to express my outrage that Item 9B has even been placed on your agenda.

Councilmember Orbach has faced harassment, intimidation, and even threats, and instead of standing with her, this Council is choosing to entertain a baseless complaint that only legitimizes these attacks. It is unacceptable that a colleague who has shown courage and integrity is being singled out for speaking the truth about behavior that any of us would find threatening.

By moving forward with this, the Council sends the message that harassment works-that those who bully and intimidate can weaponize city processes to silence an elected official.

Capitola deserves better. Councilmember Orbach should be supported, not put on trial for doing her job and protecting her family. I urge you to immediately dismiss this complaint and stand with her.

Sincerely,
Teal Redwoods
516 Oak Drive
Capitola, CA 95010
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Councilwoman Melinda Orbach
From Diana Hallock <[email protected]>
Date Wed 9/24/2025 8:12AM
To City Council <[email protected]>
Dear Council Members,
I have owned property in Capitola since 2000, in Aptos since 1983 and my family has had a summer home in Capitola since the 1930's. I raised my children in Aptos and Capitola. I owned a bed and breakfast in Aptos for 20+ years and ran a consignment nursery across Santa Cruz County for 1 0+ years. This little part of heaven is near and dear to me.

I am writing today to support free speech and differing viewpoints which I believe is the heart and soul of Santa Cruz County and Capitola specifically. Did Melinda Orbach make a grievous error in naming a member of the public? Certainly but she has acknowledged her error and apologized. It is now time for the Capitola City Council to support her courage, dismiss these charges, and get on with the business of governing our fabulous little city. Nothing good can come of continuing these destructive accusations and conversations.

Diana Hallock
917 Ponselle Lane
Capitola, CA 95010
[email protected]
408-440-1301 home
650-465-1818 cell
Insecure leaders surround themselves with "yes people". Effective leaders surround themselves with people who challenge them
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Fwd: Public Comment for Item 98
From Jenni Veitch-Oison <[email protected]>
Date Wed 9/24/2025 9:33 AM
To Gautho, Julia <[email protected]>
Hello City Clerk Gautho,
I submitted a public comment for item 98 on Monday, Sept 22 at 4:20PM (included below). I received an acknowledgement email from a Council Member. However, I do not see my comment posted on the website under Comments Received. I wanted to make sure that my comment was indeed recorded and included. Please let me know. Thank you for your assistance.

Sincerely,
Jenni Veitch-Oison
---------- Forwarded message ---------
From: Jenni Veitch-Oison <[email protected] >
Date: Mon, Sep 22, 2025 at 4:20PM
Subject: Public Comment for Item 98
To: <[email protected] >
Dear
Capitola City Council,
am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Councilmember Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for the city and its residents.
am also an elected leader in our County and work for an organization that recruits and trains women to run for and win elections to local and state offices. I care deeply about building a more just and equitable California, and that depends on having more
women in all levels of elected office.

This
complaint brought against Councilmember Orbach is not novel or isolated, but rather is part and parcel of the disproportionate hostility that women candidates and elected officials across the US face every day. Consider the following findings from the report,
"Analyzing the Mental Health Impacts of Hostility Women Face Pursuing Political Office in California," published in 2023: D
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•
•
•
•
•
This
Nearly two-thirds of women (65%) experienced harassment during their campaigns, compared to 50% of men
42% of all women experienced stalking, 55% of women of color experienced stalking and 53% of LGBTQ+ women
Nearly half of women in elected office have had to change their activities of daily living due to concerns about their safety and well-being Women are 3.4 times more likely to be the targets of harassment and threats than men
California has the highest amount of unique incidents of threat or harassment against women local officials with 64 filed incidents in 2022 alone current political culture is unacceptable.

California
needs more women in elected office, we need more council members like Melinda Orbach. When women are elected, they pass on average twice as many bills, and they legislate intersectionally because they legislate with everyone in mind. Women pass bills that effectively address issues impacting women, people of color, the LGBTQ+ community, service workers, immigrants and mixed status families, tenants, and the next generation to name a few. Councilmember Orbach is doing this work.
strongly urge the Council to dismiss this complaint. Capitola deserves leaders who prioritize building a stronger, more equitable, and resilient community.

Sincerely,
Jenni
Veitch-Oison
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Item 98 Code of Conduct Complaint
From Jennifer Barnette <[email protected]>
Date Wed 9/24/2025 8:52 AM
To City Council <[email protected]>
Dear Council members,
I'm writing as a concerned member of the community to urge you to drop the Code of Conduct complaint against Councilmember Orbach.

Our community thrives when elected representatives encourage diverse viewpoints, engage in respectful dialogue, and make decisions with openness and fairness. Melinda Orbach's comments at the April 17 meeting called for nothing more than civility and respect. Despite being the target of harassment and intimidation, she in no way engaged in abusive conduct herself, instead politely requesting that citizens respect personal boundaries of elected officials and use appropriate forums to express disagreement. How such a request can be construed as a potential code of conduct violation is nonsensical.

Please remain committed to fostering an environment where all members and constituents feel safe and respected, even amidst disagreement. That is the foundation of good governance and a healthy civic culture. I urge you to 1) dismiss the code of conduct complaint against Councilmember Orbach, 2) call for standards of civility and respect at all council meetings and forums of public discourse and 3) strongly condemn physically threatening behavior and intimidation tactics that undermine the safety of our community and elected representatives. This kind of abusive behavior has no place in our community.

Sincerely,
Jen Barnette
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Item 98 consideration this week
From Andrew Goldenkranz <[email protected]>
Date Wed 9/24/2025 1 0:37 AM
To City Council <[email protected]>
Hello, I am Andrew Goldenkranz. I sit on the board of Santa Cruz Community Health, which has about 800 patients in Capitola; and am a leader in Temple BethEl, which has about 100 members in Capitola. Both of these institutions have existed serving the local community for more than 50 years. I appreciate all your hard work on behalf of this beautiful city.

In my view, item 9B is a waste of time and a distraction from the real work of the city. Someone walking a neighborhood looking for the home address of an elected official, in this day and age, is cause for concern and Melinda's mama bear instincts took over and she called him out. Personally I think she overstepped but this is certainly a molehill. The attempts to smear her are simply a cover for whatever policy disagreements exist among them.

If we've learned anything this month, it's the importance of listening and reconciling different opinions. 9B pulls the City in the opposite direction. Every minute you spend on this is a minute you're not considering housing, public safety, parks, and the important needs for better community development.

Thanks in advance for showing thr wisdom to move beyond this distraction and get back to the real work of governing Capitola.

Sincerely,
Andrew Goldenkranz (he, him)
,2goldenk®gmail.com
831-588-8262 (c)
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Item 98 Code of Conduct Complaint
From Timmi Pereira <[email protected]>
Date Wed 9/24/2025 1 0:16 AM
To City Council <[email protected]>
Dear Councilmembers,
I urge the Council to dismiss the complaint against Council member Orbach on September 25.

Sincerely,
Timmi Pereira
Cell: 831-239-6564
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Support for Melinda Orbach
From Matt Miller <[email protected]>
Date Wed 9/24/2025 11:04 AM
To City Council <[email protected]>
@ 1 attachment (15 KB)
Melinda Orbach Support Letter 9.24.25.docx;
Hello Capitola City Council,
Please find the support letter for Council Member Melinda Orbach attached.

Thank you for considering,
Matt Miller
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Dear Capitola City Council,
I write today with bewilderment and disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach, your fellow peer in serving the Capitola community, on public trial for speaking openly about harassment and intimidation is its own form of disrespect and sets a harmful precedent against a leaders who stand up for civil discourse, safety, and respect.

Councilmember Orbach has served in her role with incredible integrity, tenacity, clarity, and clear purpose to support the community of Capitola. She has demonstrated energetic, creative, and future focused leadership. On the particulars of this instance, she has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and a mother’s instinct to protect her family. She has demonstrated integrity by taking personal accountability, going above and beyond by continuing to seek peace and understanding through mediation multiple times through the Conflict Resolution Center, and 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, nor does it create trust from our community members.

The facts are clear: Councilmember Orbach described 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 online vitriol, threats of litigation, and political intimidation. The Capitola community 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 and stand up for what’s right, not those who make space for intimidation. To punish Councilmember Orbach for demanding civility is to send the message that harassment works. I stand with Melinda, and I ask you to do the same. 217
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Melinda Orbach
From Corinne Speckert <[email protected]>
Date Wed 9/24/2025 11:38 AM
To City Council <[email protected]>
Dear Capitola City Council,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd-it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on Apri117 was clear: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a political environment where women are too often silenced, minimizing, or second-guessing their own lived experiences, Council member Orbach did what strong women do-she spoke up. That should never be treated as a transgression.

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Let us be clear: Melinda did not slander, demean, or lash out-she asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to use their voices, is watching closely. To punish her would be to reinforce the oldest, most harmful message women hear: stay quiet, stay small, don't upset power.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Council member Orbach for insisting on civility is to reward harassment-and that is something no city committed to justice and equity should tolerate.

Respectfully,
Joan Speckert
D
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Item 98 Code of Conduct Complaint
From Becca Rubin <[email protected]>
Date Wed 9/24/2025 11:48 AM
To City Council <[email protected]>
Dear Capitola City Council,
As a woman and the mother of a daughter in this county, I write today out of deep concern that this Council has chosen to elevate a retaliatory and intimidating complaint into a public agenda item. To put Council member Melinda Orbach on trial for speaking openly about her own experience of harassment is not only absurd-it sends a chilling message to every woman in this community: that her voice can be punished for daring to tell the truth.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April 17 was unmistakable: a woman, a mother, and an elected leader asserting her right to safety and to set boundaries when faced with threatening behavior. In a world where women are so often silenced, minimized, or pressured to doubt their own lived experiences, Councilmember Orbach did what strong women do-she spoke up. That should never be treated as a transgression.

Rather than escalating conflict, Councilmember Orbach has repeatedly sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her good-faith efforts have been met not with respect but with continued attempts to discredit her leadership and undermine her character. Now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Let us be clear: Council member Orbach did not slander, demean, or lash out-she asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to believe their voices matter, is watching. To punish her would be to reinforce one of the most harmful messages women have always been told: stay quiet, stay small, don't upset power.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who ensure that public life is grounded in respect and safety. To discipline Councilmember Orbach for demanding civility is to reward harassment-and that is something no city committed to justice and equity should ever tolerate.

Respectfully,
Rebecca Rubin
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Code of Conduct Complaint on Agenda
From Mathilde Rand <[email protected]>
Date Wed 9/24/2025 11:47 AM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Council member Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Councilmember Orbach and her family as threatening. As far as I know, Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Council member Orbach relied on the only tool available to her-her voice-to establish boundaries and protect her family.

By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Respectfully,
Mathilde Rand
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Item 98 Code of Conduct Complaint
From Lizann Keyes <[email protected]>
Date Wed 9/24/2025 11:50 AM
To City Council <[email protected]>
Dear Councilmembers,l urge the Council to dismiss the complaint against Councilmember Orbach on September 25. Council members must be able to speak up with honesty and receive respectful listening and response. No one on the council should be attacked, demeaned, and intimidated .. We must push for peaceful dialogue and productive outcomes. Thank you.

Sincerely,
Lizann Keyes
Santa Cruz County Friends of the Rail & Trail
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Item 98 Code of Conduct Complaint (Kevin Maguire vs. Melinda Orbach) From Carl A. Seibert <[email protected]>
Date Wed 9/24/2025 12:01 PM
To City Council <[email protected]>
Dear Capitola City Councilmembers:

My name is Carl Seibert and while I claim Soquel as my residence/hometown, I'm a proud graduate of Capitola School,
Class of 1965. The "Mid-County" area of Santa Cruz County has been my home since the 1950s I write to urge the Council to dismiss the complaint against Council member Orbach on September

25. In light of Mr. Maguire's conduct towards Ms. Orbach, I find his complaint absurd, ironic even.

The bully is offended when he's called out? Give us a break! Please dismiss this nonsense and get back to business, thank you very much.

Sincerely,
Carl A. Seibert
Soquel
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item 98 code of conduct complaint
From erica brown <[email protected]>
Date Wed 9/24/2025 1 :22 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express concern regarding the decision to place a code of conduct complaint against Councilmember Melinda Orbach on the September 25 agenda.

Elevating this matter risks setting a precedent that discourages elected officials, and particularly women, from speaking openly about their own experiences of harassment.

Councilmember Orbach has already acknowledged that naming an individual during her April17 remarks was a mistake she will not repeat. However, the essence ofher comments was clear: an elected representative, mother, and community member asserting her right to safety and to set boundaries when confronted with behavior she found threatening. In any healthy civic environment, public officials must be allowed to voice such concerns without fear of formal reprisal.

It is also important to note that Councilmember Orbach has made repeated efforts to resolve this conflict constructively, including offering mediation through the Conflict Resolution Center. These efforts have not been reciprocated. By moving forward with this complaint, the Council risks legitimizing continued attacks on her character rather than supporting good-faith resolution.

The record shows that Councilmember Orbach did not slander or demean anyone; she set boundaries and communicated her concerns. The consequence has been ongoing threats and online intimidation. The Council's response in this matter will send a broader signal about whether Capitola values respectful dialogue and the D right of its leaders to speak candidly about safety.
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The complaint against Council member Orbach
From Jennie Kulczyk <[email protected]>
Date Wed 9/24/2025 12:56 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am very concerned about the complaint against Council member Orbach being presented as a public agenda item. Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat, she has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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. Continuing dialogue about this within public council meetings does not benefit the community- this kind of pot stirring rouses drama and schisms, which is the opposite of what we need for effective city leadership.

Council member Orbach described threatening behaviors accurately. She did not engage In namecalling, 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 online vitriol, 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.

Respectfully,
Jennie Kulczyk
4441 W Walnut St
Soquel, CA
[email protected]
831-295-0614
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[PDF] Letter for Sept 25 2025 Agenda Packet Item 98 re Melinda Orbach From lwalani Faulkner <[email protected]> Date Wed 9/24/2025 12:52 PM
To City Council <[email protected]>; Clarke, Joe <[email protected]>; Margaux Morgan <[email protected]>; Gerry Jensen <[email protected]>; Melinda Orbach < morbach @ci.capitola.ca.us >; Westman, Susan < [email protected] > @ 1 attachment (342 KB)
2025-09-24_1tem9B_DismissCode of Conduct Complaint.pdf; Dear City Council Members and Staff:

Attached is our letter in support of Council member Orbach requesting that you dismiss the Code of Conduct complaint against her for reasons outlined therein.

Best regards,
Lani Faulkner, Director
Equity Transit - Transito de Equidad
www. E~uitY-Transit.o[Q
831-278-1007
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1840 41st Ave, Ste 102, #227
Capitola, CA 95010
831-278-1007
Capitola City Council Members
420 Capitola Ave
Capitola, CA 95010
March 2, 2023
Re: Item 9B Code of Conduct Complaint filed by Kevin Maquire against Council Member Orbach on June 12, 2025
Dear Capitola City Council Members and Staff:

We urge you to dismiss the Code of Conduct complaint filed by Kevin Maquire against Melinda Orbach in retaliation for her speaking out his name in fear asking him to cease stalking her in her neighborhood.

On Saturday morning June 14th, 2025, at 2am Vance Boelter, dressed in a police uniform, pounded on the door of Senator John and his wife Yvette Hoffman, shouting that he was the police. When she and her husband opened the door, John was shot 9 times and Yvette was shot 8 times, and their daughter was spared when Yvette pushed her back into the laundry.

At 3:30 am the same morning, Vance Boelter pounded on the door of Minnesota House Speaker Emerita Melissa and her husband Mark Hortman’s home. When she and her husband opened the door, they were slaughtered, along with their pet golden retriever, Gilbert. They leave behind two children, Sophie and Colin.

In April, Governor Josh Shapiro’s home was set on fire while his family slept inside. In October of 2022, David DePape located the home of House Speaker Nancy Pelosi and her husband and beat Paul Pelosi over the head with a hammer stating that he was planning to break Nancy Pelosi’s kneecaps. In 2020, 9 people plotted to kidnap and possibly kill Michigan Governor Gretchen Whitmer.
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The safety of our elected officials has been deeply compromised! When someone choses to not use proper processes and channels to reach out to a councilmember and instead seeks to hunt them down, knocking on neighbor’s doors in the area where a councilmember resides with their 3 young children and husband, this level of stalking cannot be taken lightly.

Most of us would be afraid for our lives and safety of our families. Mr. Maguire’s behavior has been extremely inappropriate and concerning. Even more concerning and outrageous is the fact that a group of vocal locals who associate with Mr. Maguire and share his political leanings, primarily opponents of rail, have similarly engaged is bullying and have rallied behind Mr.

Maguire as though he is the victim.

This was not the first time Mr. Maguire or other members of this group of people inappropriately doxed and harassed our city council members and members of the public. I am refraining from calling out the name of these groups here, because most importantly, this harassment needs to stop! These aggressive people continue to harass and dox councilmembers, representatives, and members of the public beyond Capitola. Calling these people out by name may be the only way to get them to stop! Alexander Pederson, a recent Capitola Councilmember, was harassed and bullied, even at his place of employment, which led to his stepping down! Stalking, doxing, and bullying is never acceptable behavior and for those of us who sit in public positions which leave us vulnerable to attack, resorting to calling out a perpetrator may be the only way to get shine light on an aggressive perpetrator in order to encourage them to stop their inappropriate behavior.

The initial statement made by Melinda during the April 17, 2025 meeting I attended is below. She did not expand upon the incredible fear that a young mother, or anyone, must feel when being stalked in her own neighborhood:
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831-278-1007
“I support civil discourse. I think political disagreements and the process of finding compromise are the bedrock of our democracy. I am all for free speech. However, the actions of certain community members, including threats and intimidation, both explicit and implied, have crossed the line in recent months.”
“Spewing vitriol on Nextdoor is one thing, but wandering around a City Council member's neighborhood asking their neighbors where they live is something entirely different. You are engaging in physically threatening behavior that extends past politics to our homes and families.”
“I would kindly request that the members of our community who have been crossing those lines, and in particular Kevin Maguire (the one trying to find out where I live), dial down the rhetoric and restrict their activities to the appropriate forums.”
It is unconscionable that fellow councilmember Susan Westman requested that the tort claim be continued instead of being rejected during the September 11th meeting and that the code of conduct complaint against Melinda be agendized for discussion! Melinda has indicated that she regrets calling out Mr. Maguire by name and is willing to work through appropriate conflict resolution processes to help mediate this issue. Kudos to Melinda for being willing to sit with a perpetrator of bullying and harassment! Kudos to Melinda for remaining at the dais amongst peers who might consider siding against a her, a fellow councilmember, because their personal politics and opinions do not align, favoring instead harassers and bullies who inappropriately stalk councilmembers! This behavior is egregious.

I encourage this council to consider training on council conduct and mentoring the public on appropriate behaviors, as is offered through a number of programs such as the CSDA (California Special Districts Association). Included in such training is the discussion that 229
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councilmembers need be aware of the tendency towards inappropriate bias favoring aggressive or highly vocal groups with a strong united message. These vocal groups can often represent more entitled members of the community who are financially able to attend council meetings.

Refresher training reminds us that our representatives should reflect on a greater sentiment of the community, often a quiet majority. Importantly, councilmembers like Melinda represent the community members who are unable to come to meetings or write letters. The people voted for Melinda because Melinda represents people in our community who work full time, possibly over the hill, many who have children and can NOT afford to attend these public meetings. Members of this community who have the luxury and privilege of time to attend council meetings think that their perspectives matter more than those who voted for Melinda but are unable to attend council meetings. This is not how democratic representation works! To place Councilmember Melinda Orbach on trial for speaking openly about 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. 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 the Code of Conduct Complaint 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 stalking, bullying and harassment works. That is not the Capitola we believe in, and we stand firmly with Melinda Orbach.

Sincerely,
Lani Faulkner, Director
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[PDF] Letter about 9B
From Thomas Pedersen <[email protected]>
Date Wed 9/24/2025 12:28 PM
To City Council <[email protected]>
@ 1 attachment (34 KB)
Letter agenda 9_25.pdf;
My stance on agenda item 9B about Melinda Orbach.

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I’m writing with deep disappointment that the Council has allowed a baseless complaint to make it onto the public agenda. To put Councilmember Melinda Orbach on trial for speaking honestly about harassment and intimidation is not only absurd — it’s an insult to every resident who expects their leaders to stand up for civil discourse, safety, and respect.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she won’t repeat. But her comments on April 17 came from a place of truth, transparency, and a mother’s instinct to protect her family. She has shown integrity by offering mediation through the Conflict Resolution Center multiple times, and she continues to show restraint in the face of relentless personal attacks. Instead of honoring her good-faith efforts to resolve conflict, this Council is giving legitimacy to harassment by agendizing a complaint that has no merit. This does not build trust in our community — it erodes it.

The facts are straightforward: Councilmember Orbach described threatening behavior accurately. She did not engage in name-calling or personal attacks — she set boundaries, as any public servant has the right to do. For that, she has endured months of online vitriol, threats of litigation, and political intimidation. Capitola residents should not have to watch their representatives be silenced or bullied out of public service.

I urge you to dismiss this complaint outright on September 25. Capitola needs leaders who protect truth and principle, not leaders who bow to intimidation. To punish Councilmember Orbach for demanding civility sends the message that harassment wins. That is not the Capitola I believe in — and I stand firmly with her.

Thomas Sage Pedersen
Resident/local business owner
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Melinda Orbach
From Christopher O'Connell <[email protected]>
Date Wed 9/24/2025 1 :44 PM
To City Council <[email protected]>
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Council member Melinda Orbach on trial for speaking openly about 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.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat, and her comments on April17 were rooted in truth, transparency, and a mother's instinct to protect her family. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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: Council member Orbach described 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.

Respectfully,
Chris O'Connell
1 06 Hollister Avenue
Capitola, CA 95010
[email protected]
Chris O'Connell
BDC Director
Ocean Honda
831-325-6110 Direct
httP-s:Uvimeo.com/802521 09
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Item 98, Complaint vs. Council member Melinda Orbach
From Dan Haifley <[email protected]>
Date Wed 9/24/2025 1 :34 PM
To City Council <[email protected]>
Dear Mayor Clarke and Council membersThank you so much for your service! Relative to Item 9B, I hear, and I believe, Council member Melinda Orbach when she says that she was concerned for herself and her family. I also hear, and I believe, her when she says that naming the individual at a Council meeting was a mistake. She has taken steps towards mediation, and therefore I would encourage the City Council to dismiss the complaint against her. As the late great Robert Hunter wrote, "The ABCs we all must face, try to keep a little grace." Council member Orbach indeed has.

In gratitude,
Dan Haifley (He/Him}
(831) 234-8148
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Dismiss the Complaint- Protect Honest Leadership in Capitola From McPeak, Susan <[email protected]>
Date Wed 9/24/2025 2:00 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing as a Capitola resident and supporter of open, honest governance to urge you to dismiss the code of conduct complaint against Council member Melinda Orbach.

Council member Orbach has done what any responsible leader and parent should do when faced with intimidation: she spoke the truth. Naming the person whose actions caused her and her family to feel unsafe was not an act of malice, but a statement of fact and a call for civility. Unlike the hostile political attacks we too often see on the national stage, her words were measured, rooted in reality, and motivated by her duty to protect her family and her community.

It is unacceptable that an elected official in Capitola-or anywhere-should be punished for setting boundaries against threatening behavior. Walking through someone's neighborhood searching for where they live is not political discourse, it is intimidation. To say so publicly is not a violation of decorum, it is leadership.

Over the past months, Councilmember Orbach has demonstrated integrity and restraint. She has acknowledged that naming an individual directly is something she would handle differently in the future, yet she has stood by the truth of her experience. She has offered mediation multiple times, showing a willingness to resolve conflict constructively, even while continuing to endure personal attacks, online vitriol, threats of litigation, and political intimidation. Capitola residents should see this for what it is: an attempt to silence a progressive voice and drive out an elected leader through harassment rather than dialogue.

Council member Orbach's comments were not abusive. They were not slander. They were a mother's instinct, a public servant's duty, and a woman's right to demand respect. To punish her for this is to send a chilling message that residents and leaders alike cannot safely call out harassment when it happens. That is not the Capitola I know and love.

I urge the Council to dismiss this complaint on September 25. Capitola needs leaders who defend truth, protect their families, and insist on civil discourse-not those who enable intimidation by agendizing meritless claims. Council member Orbach deserves our support, and I stand firmly with her.

Respectfully,
Susan McPeak
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Item 98 Code of Conduct Complaint: please respect for people with differing views; honor good public caring
From James Mulherin <[email protected]>
Date Wed 9/24/2025 2:20 PM
To City Council <[email protected]>
Hello, Council Members,
I want to encourage respect for hardworking and thoughtful Capitola City Councilmember Melinda Orbach and her energetic service to the town and the community.

She in no way deserves censure for her actions to defend herself and her family.

Sincerely,
James Mulherin, Ph.D.
[email protected] (for identification only)
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Public Comment- Dismissing the Code of Conduct Claim Against Councilmember Orbach From DouglasS Crowder <[email protected]>
Date Wed 9/24/2025 2:08 PM
To City Council <[email protected]>
Dear Capitola City Council,
As a long time resident and former member of the Capitola FAC - I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Council member Melinda Orbach on trial for speaking openly about 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.

Council member 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. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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: Council member Orbach described 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 Council member Orbach for demanding civility is to send the message that harassment works. My own wife is in public service for Santa Cruz County and I simply can not believe the Council is legitimizing bullying in politics like we've seen in other counties and at a national level in our country. Our community is better than that and that is not the Capitola I believe in. I stand with Councilmember Member Orbach in support.

Sincerely,
Doug Crowder
Douglas S. Crowder
162 Greystone Ct, Santa Cruz CA 95062
douglas.s.crowder@g mail.com
(559) 779-3002
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Council Member Orbach
From Maureen O'Connell <[email protected]>
Date Wed 9/24/2025 2:57 PM
To City Council <[email protected]>
Dear Capitola City Council:

My email (virtual) inbox is overflowing with stories about the harassment and bullying of Council Member Melinda Orbach. Community members and neighbors I trust implicitly are outraged by this treatment of a public servant.

Isn't it time we ALL stood up to those individuals employing these kind of tactics? I hope you will.

Maureen O'Connell
Davenport, CA
Email from M.L.O'C. T.

Sent from my iPhone
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Public Comment: September 25th Council Meeting
From Nick Brown <[email protected]>
Date Wed 9/24/2025 2:42 PM
To City Council <[email protected]>
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Council member Melinda Orbach on trial for speaking openly about 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.

Council member 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. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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 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.

Respectfully,
Nicholas Brown
207 Cherry Ave
[email protected] I (214)477-6394
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Protect Melinda Orbach!
From Denise Ryan <[email protected]>
Date Wed 9/24/2025 3:17PM
To City Council <[email protected]>
Dear Capitola City Council,
I have been a full time resident of Capitola for 36 years and I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item.

To place Council member Melinda Orbach on trial for speaking openly about 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.

Council member 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. She has demonstrated integrity by offering mediation multiple times through the Conflict
Resolution Center, and 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: Council member Orbach described 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 am particularly sensitive to this issue having been bullied by the same person on social media. We must NOT allow bully's to be excused. Ever! 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 Council member Orbach for demanding civility is to send the message that harassment works. That is not the Capitola I believe in, and I stand firmly with her.

Respectfully,
Denise Ryan
1 06 Hollister Ave.

Capitola, CA 95010 D
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Item 98 Code of Conduct Complaint
From Martine Watkins <[email protected]>
Date Wed 9/24/2025 4:04 PM
To City Council <[email protected]>
To the Capitola City Council,
As a former mayor and council member, I understand that serving in local government can come with challenging dynamics and moments of disagreement. I believe we can all agree that, even when we don't share the same politics, there are lines that should not be crossed.

I want to express my support for Councilmember Melinda Orbach, both for her willingness to speak candidly about her experience and for her efforts to address it responsibly. It's not always easy to name discomfort or set boundaries in public service, and doing so deserves understanding.

I believe that at the local level, we all serve because we care about our communities and what we can do for the people we represent. I thank each of you for your service and trust that the Council can move forward in a way that centers the important work ahead for Capitola and fosters a climate of mutual respect and professionalism. I hope, in that spirit, the Council will choose not to advance the complaint further.

Sincerely,
Martine Watkins
Former Mayor and Council member, City of Santa Cruz
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Dismiss Code of Conduct complaint, item 98
From Cynthia Mathews <[email protected]>
Date Wed 9/24/2025 4:29 PM
To City Council <[email protected]>
To: Capitola City Council
I am writing in regard to item 9B on your agenda, the code of conduct complaint filed against your fellow council member Melinda Orbach. I have read the Code of Conduct in its entirety- a very complete and sound document -and can see NO evidence at all that Ms. Orbach has violated its standards. Quite the contrary: In reporting the behavior directed at her, Ms. Orbach was remarkably restrained in her statement. She simply stated the facts, called for civility in public discussion and behavior, and even generously initiated a call for mediation as a more positive alternative. She was entirely justified in noting the behavior directed in her; respectfully calling it to the attention of the council and community was in fact the right thing to do.

We can all recognize with sadness and foreboding the poisonous, even deadly atmosphere that has come to dominate political discourse throughout our country. Harassing public figures in their homes, vilifying them relentlessly on social media, filing unfounded suits and complaints -all this and more has eroded public respect for government at every level, and discouraged good people from even considering elected office or public service careers. We cannot let this atmosphere of hostility and harassment dominate our local communities. It has no place at all in Capitola.

I urge you to summarily reject the complaint filed by Mr. Maguire as being without cause. Beyond that, I hope you will take to heart the impact of the continuing vicious online attacks aimed at Ms. Orbach - attacks on her own character, and utterly demoralizing to well-intentioned community members and staff who simply want to serve in the best interests of their community. Who has the courage to speak out against these attacks? To remain silent is to suggest that this is acceptable behavior. It is not.

Please summarily reject the claim filed by Mr. Maguire, work to build a more positive working relationship with Council Member Orbach, and call upon the community to cease the hostile online campaign of disinformation, disparagement and harassment.

Most Sincerely,
Cynthia Mathews
Former Council Member and Mayor
City of Santa Cruz
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[PDF] Re: Melinda Orbach
From leah Jack <[email protected]>
Date Wed 9/24/2025 4:33 PM
To Gautho, Julia <[email protected]>
@ 1 attachment (41 KB)
Letter for your consideration in support of Melinda.pdf; Here is my letter again.

Thank you,
Leah
On Wednesday, September 24, 2025 at 08:25:25 AM PDT, Gautho, Julia <[email protected]> wrote:

Good Morning,
Thank you for emailing the City Council. In order for your letter to be included in the agenda packet, please send it in Word or PDF format, or copied into the body of your email. It's possible that your link may not work through our software once uploaded.

Thank you,
Julia Gautho
City Clerk
[email protected]
(831) 475-7300 X. 228
From: Leah Jack <[email protected]>
Sent: Tuesday, September 23,2025 5:03PM
To: City Council <[email protected]>
Subject: Melinda Orbach
Good Afternoon,
I am writing on behalf of Melinda Orbach. You will find my letter attached · D 247
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Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Councilmember Melinda Orbach on trial for speaking openly about 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.

Leah Rogers
Capitola Resident
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9.25.25 Agenda, Item 98
From Pellerin, Gail <[email protected]>
Date Wed 9/24/2025 4:44 PM
To City Council <[email protected]>
@ 1 attachment (648 KB)

09.24.2024 Melina Orbach.pdf;
Please see attached letter. Thank you.

Gail Pellerin
State Assembly, District 28
[email protected]
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Capitola City Council
420 Capitola Ave
Capitola, CA 95010
September 25, 2025
Dear Capitola City Council,
I regret being unable to attend in person, but submit this letter in support of Councilmember Melinda Orbach.

We are in a critical political era. One in which women and other minorities are being disproportionately and unnecessarily harassed, threatened and assaulted for doing their jobs as public servants. Just this year I voted on two pieces of legislation that will increase the security options and privacy of candidates and elected officials.

Running for public office takes courage and strength. It is not an easy decision, but one based on the desire to serve our communities.

To place Councilmember Melinda Orbach on trial for speaking openly about 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.

Councilmember Orbach’s comments on April 17 were rooted in truth, transparency, and a mother’s instinct to protect her family. Yet, she has demonstrated true leadership and integrity by offering mediation multiple times through the Conflict Resolution Center, and 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, nor does it create trust from our community members.

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 at tonight’s’ meeting. Capitola needs leaders who protect truth and principle, not those who bow to intimidation.

Sincerely,

GAIL PELLERIN
Assemblymember, 28th District
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(No subject)
From Rachel Williams <[email protected]>
Date Wed 9/24/2025 4:48 PM
To City Council <[email protected]>
Dear Capitola City Council.

As a concerned Santa Cruz County resident, I write to express my deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Council member Melinda Orbach on trial for speaking openly about harassment and intimidation is not only absurd-it is an insult to anyone who expects local leaders to uphold civil discourse, safety, and respect.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat. Even so, her comments on April 17 were rooted in truth, transparency, and a mother's instinct to protect her family. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center and continues to show restraint in the face of ongoing personal attacks. Rather than supporting these efforts at resolution, this Council is instead legitimizing harassment by agendizing a code of conduct complaint that lacks merit and undermines community trust.

I urge you to dismiss this complaint outright at the September 25 meeting. Capitola-and the wider county community that watches and engages with your work-needs leaders who protect truth and principle, not those who yield to pressure and fear. To punish Council member Orbach or any member for standing up for civility is to send a message that harassment is an effective tool.

Sincerely,
Rachel Williams
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Item 98
From John Mulry <[email protected]>
Date Wed 9/24/2025 5:18PM
To City Council <[email protected]>
I'm told the DCC are going to try to paint Kevin as anti woman. As they did me. Joe and Gerry and Sue were of course called racist white supremacists (repeatedly) by these same folks.

Seems like they understand it's harder to label folks under 50 as racist so we get the anti woman label. Over 50 gets racist.

Anything to avoid taking about their bad behavior, political self enrichment, diversion of city funding to their own careers etc.

Same tired strategy. The irony that they act like Trump while opposing him so intensely. Meh.

The response against Kevin by outsiders further shows how essential it is to censure her for her outlandish behavior. The mechanisms of the state party being targeted at an individual seeking redress is bad government folks. We actually have a word for it in English. Fascism.

She is openly racist as we saw with her insistence on one process for a white woman appointment and then advocating for a different process when it was an afro Hispanic man.

Do the job. Stop this bad actor from harassing any other resident. Please.

WarmlyJM
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FW: Communication from the CRC
From Goldstein, Jamie [email protected]) <[email protected]> Date Wed 9/24/2025 5:13 PM
To City Council <[email protected]>
Cc Samantha Zutler <[email protected]>
Mayor and Council - pis see the update regarding mediation.

From: Woodmansee, Chloe <[email protected]> Sent: Wednesday, September 24, 2025 4:52 PM
To: Goldstein, Jamie ([email protected]) <[email protected]> Cc: Samantha Zutler <[email protected]>
Subject: Communication from the CRC
Hi Jamie,
I heard from the CRC today. Jill Borba, their Workplace Mediation and Training Manager, notified me that after her staff conducted intakes with both individuals, CRC staff determined that mediation is not viable in their case.

Jill indicated she would follow up in writing with this information, likely later today or tomorrow. I'll forward you what I receive.

Thank you.

Warmly,
Chloe Woodmansee (she/her)
Assistant to the City Manager- City of Capitola
831.475.7300 x220
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9 B Code of Conduct - FACTS
From Kevin Maguire <kmaguire831 @gmail.com>
Date Wed 9/24/2025 5:46 PM
To City Clerk <[email protected]>; City Council <[email protected]>; Clarke, Joe <[email protected]>; Westman, Susan <[email protected]>; Gerry Jensen <[email protected]>: Margaux Morgan <[email protected]>: Melinda Orbach < morbach @ci.capitola.ca.us >
Cc Samantha Zutler <[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 Council member 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 Council member Orbach, Chief Ryan, and Mayor Clarke again seeking resolution.

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

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

7.16.25 (10:20 AM} -I responded after returning from travel. D 255

7.16.25 (4:18PM)- Councilmember Orbach replied with a brief 13-word response to my detaile9 Item 5 D. question about how mediation could address the harm. .....__ __ ......

7.16.25 (4:26 PM)- 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. !{you would like to move forward with mediation let me know. This is my third and final of{er./1

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 (2:01 PM) - Orbach replied: 7 -word response //Staff from the CRC will reach oue' 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. • 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.

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To:
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J.. in:sent @ci.capitola.ca.us
Request for Apology and Resolution D 111m
Kevin Maguire <[email protected]>
to jclarke. MOrbat:h, Alexander, Julia, Jamie. Gerry, mmorgan, Sarah, Kevin Maguire
Capitola, CA 95010
KmaguireS31 @gmail.com
4/23/2025
To:

Mayor and Members of the Capitola City Council
Chief Sarah Ryan, Capnola Police Department
Subject: Request for Apology and ResoluUon
Dear Council Members,
X
59 of many
Wed. Apr 23, 8:04PM
I'm writing to express concern over recent public remarks made by Council Member Orbach that named me and mischaracterized my actions. I believe these comments were unfair and created unnecessary tension.

Out of respect for the community and the importance of civility in public discourse, I respectfully request a public apology so we can move forward construcUvely_ Thank you for your time and consideration.

Sincerely,
Kevin Maguine
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Request for Resolution as I Pursue Council Appointment on June 12th 2025 D !DBI ;:: @ 0 Kevin Maguire <kmaguire831@gmailcom,. hu M.ly 29 4.46 'M * Q <+, to MCX!J.J(J 1tkL S<Jr, •
Hi Councilmember Orbach.

I hope you're doing weU_ I wanted to fonow up regarding the remarks made during the April 17th council meeting, where I was personalty named and characterized in ways that were both untrue and harmful
Accusations of harassment and threatening behavior were made publicly, from the dais, wahout speaking to me, verifying fads, or initialing any investigation. Those words carry weight, and the resuh has been reputational damage and unnecessary division in our community.

I've taken time to reflect on how we got here But wtlen harm is done publicty, l befieve resolution should be public as well That's why I'm respectfully asking for a public apology, not to dwell on the past. but to begin repairing trust. Uke you. I believe in doing my homewock and coming prepared with facts and notes. In that spirit. I wanted to give you time to consider a short statement e~t the June 12th council meeting I understand the Council is currently reviewing its Code of Conduct, and I believe this moment offers an opportunity to lead by example, showing how we hold ourselves accountable and engage one anotOOr with respect.

While I hope we can resolve this respectfully. I've been advised to preserve all legal and formal avenues ava~able to address the reputational and personal harm caused, should this not be resolved constructively.

I truly hope it doesn't come to that Capitola deserves leadership that models accountability and civility, from all of us I also want to share that I intend to apply for the vacant council appointment. Since your public remarks. I've fett disco uraged from partk:ipating in meetings and community discussions, something that's always been important to me. The emotional toll, induding anxiety and public embarrassment has made it more difficult to fully engage in the spaces where I've long felt a sense of purpose and belonging.

If you're open to discussing this further, I'd truly app~eciate a response before the June 12th meeting. I believe having some resolution beforehand would help us all move fOfWard in a more constructive and unifted way.

Thank you for taking the time to consider this. I remain hopeful we can move forward in a way that strengthens our community.

W•nnly,
Kevin Maguire

0.. in:sent @ci.capitola.ca.us
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Formal Complaint Against Council member Melinda Orbach
Kevin Maguir"e c:lo;maguire831fgm3!1.com .. .__~~------, t :,; i:tr· C.Je ·e MOrb;,~('
Formal Complaint Against Councilmember Melinda Orbach
Submitted by. Kevin Maguire
Resident of Capitola, CA
Date· 6.12 2025
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Subject: Formal Complaint - Violation af Capitola City Council Code of Conduct by Coundlmember Me6nda Orbach To the Mayor, City Council. City Attorney, and City Manager <1) 0 + ...
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My name is Kevin Maguire, and I am a lifelong Capitola residenl My family has called this city home since 1966_ My grandfather (Adamo O'.Ambrosio). a veteran of both World Wars, was an active civic participant- attending council and planning commission meetings and contributing to responsible land use thwugh the Young Conservati<lnists I proudly continue that tradition through ongoing civic engagement and advocacy foe transparency and respect ifl public service I am submitting this formal complaint regarding the conduct of Couna1member Melinda Orbach during the April 17, 2025, City Counci 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 w'rthout 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 f1rst instance where Coun.cilmember Orbach has misused the dais - repeatedly using public time and her platform to respond to personal cri1icism and on6ne commentacy, rather than focusing on city busWaess 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. induding Section 5.4 -Council Conduct with the Public
·councilmembers shaD 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 personaRy 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 activitv over the oast six months seekino to understand her oanems of resoonsiveness and oublic enoaoemenl D
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Invitation to Consider Mediation Through the Conflict Resolution Center ~ § Melinda Orbach <[email protected]~tola.ca us:. rr..... Jur 21il 4l3P~.1 "" Q .., Dear Mr_ Maguire,
I hope this message finds you welL
I'm reaching out in the hope that we can fmd a path forward that promotes understanding and helps ease the tension ben .. ·een us_ I believe that, with the right support, it's possible to have a more productive and respectful dialogue 0 To that end, I'd like to in\ite you to consider working with the Conflict Resolution Center of Santa Cruz County (CRC). CRC is a well regarded local nonprofit that has been helping individuals, organizations, and communities navigate conflict for over 35 years. Their serv ices are confidential, voluntary, and completely neutral. The mediators are trained professionals who are committed to creating a safe and respectful space for open communication and problem ol ing.

Whether a conflict is personal, profe sional~ or ommunity~related, CRC offers a range of approaches to help people better understand one another and collaboratively work toward solutions. You can learn more about their work and philosophy at bttP.:s:·//www crcsantacruz org.

My intent in reaching out is to de-escalate the situation and imite a new kind of conversation-one guided by experienced facilitators who can help us move beyond misunderstandings. I am willing to participate in this process if you are open to it as \Veil.

Please let me know if this is something you would consider. I hope we can take this step together and work out our differences.

Sincerely,
Melinda Orbach
Capitola City Cooncilmember
Ge ~
[Message dipped} Vtew en!Jre messagJ_
Kevin Maguire
Dear Councilmember Orbach_ In response lo your email and lhe suggestion of using lhe CRC I must be clear your public comments on Apri 17-and your reaffirma Melinda Orbach [email protected]~tola.ca.us~
to me. Joe, City ...

Mr. Maguire.

If you agree to mediation through CRC, I can set up a meeting.

Melinda Orbach
Capitola City Councilmember
Get ~
Fro :Kevln Maoauire lffilJ~II~>
sent: Wednesday, July 16.2025 10:21 AM
Wed. Jullb. 4:18PM
Wed. Jul lb. 10.:.20AM
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{Message clipped) View entire messagt
Kevin Maguire <[email protected]~
tojclarke.City,Melinda •
Dear Councilmember Orbach,
101 D
In response to your email and the suggestion of using the CRC. 1ol1
Wed, Jul 16. 10:20AM "Cl
I must be clear: your public comments on April17 - and your reaffirmation of those claims on June 26 - caused real and lasting hann. You named me drrectly, made serious accusations of threatening behavior, and did so from the dais without investigation, evidence, or any communication with me. These remarks were not made in a vacuum - they've since been repeated online, resulting in reputational damage, harassment, and errx>tional distress To this day, no factual basis has been presented to support your claims, and your public insistence that you "did not mischaracterize~ me only deepens the harm. For the record, I was participating in peaceful civic engagement alongside Chris Amsden - a respected member of the community - who is will ing to corroborate exactly what occurred. There was nothing threatening, inapproprrate, or harassmg about our actions. We drdn't wander the netghborhood asking people to ten us where you live, we were canvassing, sharing flyers to raise awareness.

I've previously attempted to address thrs matter respectfully and through local channels, includrng outreach to Mayor Clarke and Chief Ryan, both of whom offered to help mediate. Those offers were not accepted by you. That has left me with few options.

I also want to rarse a sincere question: what exactly does the Conflict Resolution Center offer that couldn't already have been achieved through a drrect, facilitated conversation with the Mayor or Chief of Police-two respected, neutral leaders who are rooted in this community and who extended trusted offers to help? A 30-minute meeting could have cleared the air_ Their involvement would have allowed us to speak plainly, understand one another, and deescalate things organically_ Instead, those offers were rejected, and the conflict escalated
The core issue here wasn't disagreement - it was your public mischaracterization and accusation, made without due diligence. So I ask in good faith: if local, immediate resolution wasn't an option then, why is CRC the solution now? Chief Ryan is highly trained in conflict resolution, as welt as our Mayor's background in law enforcement
INhile 1 remain open to a constructive dialogue, I believe that a public mischaracterization by an elected official warrants public remediation_ Mediation through CRC could potentially help, but only if both parties are wilting to enter the process with· • A shared understanding that feelings are not facts
• A wrllingness to acknowledge the impact of one's actions and, where appropriate, accept responsibility • A genuine effort to rebuild trust through clear communication and accountability • A recognition that public harm requires a public apology - verbally from the dias, to correct the public record and restore integrity. o Example: •At a previous council meeting, I made comments that named Kevm Magurre and described events based on how I felt at the time. ln h1nds1ght, I recognize that I spoke without first verifying those claims or having any direct communication with him. I understand now that my words caused harm- and for tha~ I srncerely apologize. I hope this statement helps begin the process of restoring trust, and I remain committed to more respectful, evidence-based communication movmg forward.· (I g1ve cocent to use my name rn a public apology- KM) I witt take time to learn more about CRC's process. If it aligns with the values above, and you are genuinely committed to accountability, I would consider participating. Do you have a contact there, or started the process already? Is there a cost to this? Who will bear those costs? But let me be eQually clear: this matter is not about a misunderstanding-it is about public harm. And resotutron must reflect that truth.

Sincerely,
Kevm Maguire
Lifelong Capitola Resident
Melinda Orbach c:[email protected]_us;.
tome. Joe. City ...

Wed,Joi 16, -418PM "Cl ,.,
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Sincerely,
Kevin Maguire
Lifelong Capitola Resident
M elinda Orbach <[email protected] us~
to me. Joe. C1ty .,.

Mr. Maguire.
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If you agree to mediation through CRC, I can set up a meeting.

Melinda Orbach
Capitola City Councilmember
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rom: evinM~rufre<l£nj~~>
Sent: Wednesday; July 16, 202510:21 AM
To: Melin ~ Orb~ch<~.iUJ~
Cc: Ciarte,J~<Jd rkr!!DpgOitol gup;C tyAttornf'y<~y~iQY> Subje<:t: Re: trwi~tion to C<msider edi~tion Throut h the Conflict Resolution Center {Message clipped] VIeW entire messa!J§
Kevin Maguire <[email protected]~
to M~.nda. Joe. City ...

Councilmember Orbach.

Thank you for your reply_
I remain opeo to exploring mediation through the Conflict Resolution Center. However, I want to be clear that participation on my part depends on one key poiol. '"''
Jul16, 2015. 4:,8PM '(:(
Jult6,2025. 4:26PM <<-,
This matter was made public from the dais, with direct and harmful accusalions against me That public harm cannot be resolved solely through a private process. Any sincere effort toward resolution must include a public step to repair the d~Jmage, whether in the form of a correction, clarification, and apology that acknowledges the real impact of what was said_ Mediation could be a tool to help get us there, but it can't be a substitute for accountability or truth I also believe we must go into any mediated process with a shared understanding. that facts must be separated from feelings. and thai meanir19ful resolution includes some winingness to reflect on how this situation w as handled If you can agree to those basic principles, a path that includes both dialogue and public accountability, I will participate in mediation Sincerely.

Kevin Maguire
Kevin Maguire
--forwarded message --From Melinda Orbach <morbach@ci capitola ca us> Date. Wed. Jul16, 2025 at 4 18 PM Subject. Re Invitation to Consider M Jul18. 2025. 1:26PM
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Melinda Orbach <fl'[email protected]> Jul31. 2025. 10:51 AM Mr. Maguire,
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.

Melinda Orbach
Capitola City Councilmember
Get Outlook for 10S
From: Kevin Maguire ~g~@&t!lii1~!!P
sent: Wednesday, July 16, 2025 4:26:35 PM
Kevin Maguire <krnagUire83 @gmatl.~::wm
to Melinda •
Councilmember Orbach,
Thank you for your response
Jul31,2025. 8:44PM
To d arify· I understand mediatioo is a voluntary process that cannot begin with rigid conditions or demands. My intent was not to set ultimatums, but to be honest about the real impact of your pubic 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.

I remain wiling to participate in mediation through the Conflict Resolution Center I'H approach it with a sincere and open mind, focused on moving fOfWard. t hope you'tl do the same, not just to resolve a dispute, but to begin rebulding trust and civility, values we both claim to support in our community Please let me know how we move forward with scheduling the process through CRC.

Sincerety.

Kevin Maguire
Melinda Orbach -<R'[email protected] ..

Staff from the CRC will reach out.

Melinda Orbach
Capitola City Councilmember
Gel ~
Aug I, :2025, 2:01 PM
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Support for Melinda Orbach
From Kristal Salcido <[email protected]>
Date Wed 9/24/2025 7:28 PM
To City Council <[email protected]>
Dear Council,
I am writing to express my support for Councilwoman Melinda Orbach. I understand as an elected leader and as a mother the priority of my family's safety and security. I hope council will move past this issue and continue the important work that the citizens of Capitola elected them to do.

Councilwoman Orbach is a needed voice for the community and a great advocate for the future of Capitola.

Kristal Salcido
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Council members Orbach Coordinated Call to Action Email- Agenda Item 98 From Kevin Maguire <kmaguire831 @gmail.com>
Date Wed 9/24/2025 7:29 PM
To Kevin Maguire <kmaguire831 @gmail.com>; Goldstein, Jamie [email protected]) <[email protected]>; Gautho, Julia <[email protected]>; City Clerk <[email protected]>; Gerry Jensen <[email protected]>; Clarke, Joe <[email protected]>; Margaux Morgan <[email protected]>; Melinda Orbach < morbach @ci.capitola.ca.us >; Westman, Susan < [email protected] > Cc Samantha Zutler <[email protected]>
Dear Council and City Attorney,
Please enter the attached email chain into the public record for Item 98. It shows a coordinated political mobilization effort being circulated by Council member Orbach's allies, including former Mayor Yvette Brooks, encouraging people outside Capitola to submit letters and appear at the meeting.

This demonstrates how the narrative is being shaped externally, repeating Council member Orbach's claims as "truth" without evidence. Many of these letters rely on the same language provided in this call to action.

This is not about politics or progressive vs. conservative views. It is about whether council members may use the dais for personal accusations against residents, in violation of the City's Code of Conduct.

I submit this not to silence opposing views, but so the Council is fully aware of the organized narrative campaign and the degree to which outside voices are being mobilized to influence this process.

Respectfully,
Kevin Maguire
From: Arnie Forest < mailto:[email protected] >
Date: September 22, 2025 at 9:28:29 PM
Subject: Fwd: Confidential: Call to action, Please Share!l Item 98 Hi concerned Capitola Citizens and Capitola friends, I'm forwarding on this request to support Councilwoman Melinda Orbach in these times where the bully can now claim to be the victim. This is an outrageous thing that is happening THIS Thursday at our Capitola City Council meeting. Please doD 266
what you can to help Melinda. It has been my experience that she is currently the most responsivrl Item 5 D. and progressive, city council member. She does not deserve to be treated like this! It's a long reaJ-rmr-----J worth it. Thanks for caring.

Love,
Arnie
Dear Family and Friends,
I have never before needed to write such a heartfelt call to action until today. Many of you know me as a community member, a colleague, a friend, a mother, and as someone who served our city as a Council member. When I encouraged Melinda Orbach to run for Capitola City Council, it was because I knew she had the courage, compassion, and integrity to lead during difficult times. It brings me deep sadness that she is now being forced to endure this level of hostility and scrutiny for simply speaking the truth about harassment and intimidation in our community.

The City Council has chosen to agendize a baseless complaint against Melinda. Item 9B. This is not only a misuse of staff time and our tax dollars-it is an embarrassment to Capitola. To "put her on trial" for standing up for civil discourse and the safety of her family undermines the very principles of public service.

That is why I am asking you-whether you live in Capitola or not-to stand with Melinda. Please:
• Write a letter to the City Council (a draft is linked below for your use). Even if you plan to attend, please send in an email too-this ensures your voice is counted in case you cannot speak during the meeting.
• Show up and speak at the September 25 City Council meeting at 6 p.m. (you'll likely only have one minute to speak, but your presence matters). People are meeting at Spm prior at Margaritaville to organize.
• Share this call to action with colleagues, friends, and networks who believe in fairness and respect in leadership.

This fight is bigger than one councilmember-it's about what kind of community we want to be. One where bullying and intimidation are legitimized, or one where leaders are supported when they stand for what is right. And please know: it does not matter if you live in Capitola-your voices and your solidarity matter.

Click here for the draft letter: Draft Letter Link
(httP-s://docs.google.com/document/d/1 gWLEY OsDR3TJTETkbumJc71 bEYk1 ZGTWN rDZB7~Szw/edit? USP-=drivesdk)
(Feel free to edit, personalize, and send as you see fit. Personal details such as your name or address are optional.)
Please reply and let me know if you can join us in solidarity-whether by sending a letter, attending in person, or helping spread the word. Your voice and support mean more than ever.

With gratitude and urgency,
Yvette Brooks
From Melinda Orbach
Friends, it's an understatement to say that the last nine months of being on the Capitola City Council D 267
has been a really stressful and trying time for me and my family. I never expected public service, all Item 5 D. the desire to help my community, to be such emotional and difficult work. I am writing to humblykr-----J for your support at the upcoming City Council meeting on Thursday, September 25, 2025, at 6 p.m. at the Capitola Council Chambers.

At the April17, 2025, City Council meeting, I made the following comments in an attempt to establish some boundaries for acceptable behavior during a time of intense polarization in our community:
"I support civil discourse. I think political disagreements and the process of finding compromise are the bedrock of our democracy. I am all for free speech. However, the actions of certain community members, including threats and intimidation, both explicit and implied, have crossed the line in recent months."
"Spewing vitriol on Nextdoor is one thing, but wandering around a City Council member's neighborhood asking their neighbors where they live is something entirely different. You are engaging in physically threatening behavior that extends past politics to our homes and families." "I would kindly request that the members of our community who have been crossing those lines, and in particular Kevin Maguire (the one trying to find out where I live), dial down the rhetoric and restrict their activities to the appropriate forums."
Based on those comments, Mr. Maguire filed a code of conduct violation complaint against me under Section 5.4 of the Capitola Code of Conduct related to decorum, saying that I engaged in abusive conduct by making "personal charges or verbal attacks upon the character or motives" of a member of the public.

Over the course of these last five months, this individual has posted negative comments about me online, called for a recall campaign against me, and sent an incessant stream of emails to the City Council that included threats of litigation, claims of Code of Conduct violations, ultimatums, demands for a public apology, and calls for the City Council to reprimand me, censure me, and/or take away my committee appointments.

During the June 26, 2025, City Council meeting, I made the following statements:
"Many of you know, I'm a mother of three kids under ten, a wife, a sister, a daughter of immigrants, a Family Nurse Practitioner, and also a councilwoman. This is the hardest job I've ever had. I fully acknowledge that there's a lot to learn and I'm still learning and I know I have made some mistakes. I am human just like you."
'When I made my comments on April 17th, I responded in a way that felt most authentic to me. I did not mischaracterize the individual or call him names, I simply stated the facts. While I acknowledge the mistake of calling him out by name, which I will never do again, I do not regret speaking truthfully about what transpired and how certain behaviors of community members have made me feel. My highest priority is to protect my family and ensure their health and safety. I believe threatening behavior of any kind should never be tolerated. I'm sure my council members would agree." "I want to put this behind me and move forward in a productive and respectful manner, and I have talked to the Conflict Resolution Center to help mediate this issue. Just earlier today, I sent an email to this individual, advocating for a new kind of conversation - one guided by experienced facilitators who can help us move beyond our misunderstandings, and I hope he will accept." I acknowledged my mistake and offered meditation. Mr. Maguire agreed to meet after receiving my third and final offer on July 31, 2025. I offered mediation with the hope that we could meet face to face, share our experiences, understand how we each got to this point, and hopefully see that, while we each have different experiences of Capitola and what it could/should be, we are each trying to make it better. I have been trying in good faith to set up a meeting with him through the Conflict D Resolution Center since the beginning of August, but they had to repeatedly push back the date 268
because no dates seemed to work for him. We finally have our intake visit set up for tomorrow c=J Item 5 D. afternoon, with our face-to-face meeting set for October 7th.

While I was attempting to defuse this conflict through mediation, Mr. Maguire submitted a tort claim against me and the City of Capitola on August 27th. During the September 11th City Council meeting, Council member Susan Westman requested that the tort claim be continued (instead of being rejected) and that the code of conduct complaint against me be agendized for discussion at the next meeting.

Instead of supporting me in this process, the majority of the council wants to put me on trial for having the audacity to ask that an individual respect boundaries. This has been the most difficult and infuriating part of it all - to not be supported by my colleagues. One fellow council member even told me: "Just apologize and this all goes away."
On September 25, the City Council will decide whether to dismiss the code of conduct violation claim against me or vote to move forward with a public hearing. If we move forward with a public hearing, I will defend myself, provide context for my comments, and demonstrate that they do not constitute a violation of the code of conduct, but being put on trial is not the path I would prefer to take.

Just a few short months ago, Council member Pedersen chose to resign because ofthe intense legal harassment he was receiving from the same group of individuals that are now attacking me. As the only progressive voice left on the Capitola City Council, I believe that certain other council members and their friends and supporters are trying to silence me and hoping that if they make civic life miserable enough, I too will resign.

I am asking you to urge the council to vote to dismiss the claim. I do not believe that my comments constitute a violation of the code of conduct. I spoke truthfully about documented events that led up to the April 17th council meeting and asked for respectful boundaries from an individual who has demonstrated animosity towards me since I decided to run for office. I want to teach my kids, and especially my daughters, that their voices have the power to create positive change, to speak out against injustice and inappropriate behavior, and to demand that their boundaries always be respected.

Please consider coming to the meeting to speak during the public comment period and request that the council dismiss this claim. You can also submit a public comment letter to the council if you cannot make it to the meeting by sending it via email to mailto:[email protected]. Thank you for your consideration and support. I am also open to hearing any and all ideas! D
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Former Mayor who abandoned her commitment one year into her term can't really be attempting to secretly organize against a resident
From John Mulry <[email protected]>
Date Wed 9/24/2025 7:59 PM
To City Council <[email protected]>; Tamsin McMahon <[email protected]> Like that's the rumor that can't actually be true. Yvette is possibly the worst and least authentic person I have ever met but still. This can't be true can it. I'm told she sent an email tiUed Confidential even. Like please tell me this isn't true. Can't believe she opened herself up to the liability alone beyond the horrid fascist aspect of it's true.

Please advise if any of you know.

WarmlyJM
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September 25,2025 meeting
From Kiersten Elzy <[email protected]>
Date Wed 9/24/2025 8:02 PM
To City Council <[email protected]>
To the Members of the Capitola City Council,
This letter is intended to convey my disappointment and concern regarding the potential compromise of our country's cherished protection of freedom of speech, on learning that Council member Melinda Orbach has been targeted for speaking openly about her experiences of harassment and intimidation.

As community members, we expect all members to be treated equally with dignity and respect.

Councilmember Orbach has publicly acknowledged that naming an individual was a mistake that she will not repeat. Her comments on April17, 2025, were truthful, transparent, and rooted in a parent's desire to protect her family. Councilmember Orbach exhibited integrity by repeatedly offering mediation through the Conflict Resolution Center, while she continues to show restraint during ongoing, very public, and personal attacks. At this moment, the Capitola City Council has the opportunity to set an example in positive leadership and best practices. I am concerned that the decision appears to reward further the harassment experienced by Councilmember Orbach by agendizing a .. code of conduct complaint .. that seems without merit. • Councilmember Orbach described threatening behaviors accurately. She did not engage in name-calling, slander, or personal attacks.
• Councilmember Orbach has endured months of online vitriol, threats of litigation, and intimidation.
• Capitola residents are witnessing bullying as an effective means for community decision-making, rather than the City Council providing an example of respectful discourse and healthy conflict resolution.

Capitola and the citizens of Santa Cruz County need leaders who are committed to truth and principle.

Punishing Councilmember Orbach for insisting on civility sends the message that harassment is effective. My (now grown) children attended Capitola Schools, Junior Guards, and Little League. When they graduated from college, both from across the country and abroad, they chose to return, and each made their homes in Capitola.

I am grateful for your individual commitment to community service. There have always been, and will continue to be challenges in serving in local government, but please do not make the mistake of bowing to pressures to rebuke Councilmember Orbach. I urge you to dismiss the misguided complaint at your meeting on September 25, 2025.

Respectfully,
Kiersten Elzy-Loving
Santa Cruz, CA
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Item 98 Code of Conduct Complaint
From Joanne Noce <[email protected] >
Date Wed 9/24/2025 8:02 PM
To City Council <[email protected]>
Dear Councilmembers,
I urge the Council to dismiss the complaint against Council member Orbach on September 25.

Sincerely,
Joanne Noce
Capitola Resident
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ATTN: Public Comment- Council Agenda Item 98
From Emeline Nguyen <[email protected]>
Date Wed 9/24/2025 8:19PM
To City Council <[email protected]>
Good evening, Mayor Clarke and Council members,
As a Capitola resident who cares deeply about our community, I am writing regarding Item 9B on the September 25 agenda.

Serving in local government is an act of service and sacrifice. For Councilmembers, it is volunteer work that involves constant pressure from all sides, including community members with diverse perspectives, colleagues with competing priorities, and the personal responsibility of both decision-maker and role model. I want to start by acknowledging the challenges of this work and the commitment required to serve as a voice for the community, including those who may not otherwise be heard.

In this environment, it is more crucial than ever that the Council's process remains transparent, consistent. and fair.

Even the perception that one member is being treated differently, regardless of intention, can erode trust. The Code of Conduct should serve to reinforce civility and accountability, not to divide or discourage those willing to serve.

I also understand that mediation between the parties is in progress. Given that, I respectfully ask whether moving forward to a full public hearing at this point is the most effective course of action. Public hearings can escalate conflicts, consume considerable time and resources, and further inflame an already tense civic atmosphere. A resolution through mediation could allow the Council to demonstrate both accountability and compassion, while preserving resources to address the urgent issues facing Capitola, such as housing, climate resilience, fiscal sustainability, and community safety.

At the same time, I recognize the importance of taking complaints seriously and upholding standards of conduct. I encourage the Council to find a balance: protect the integrity of the Code, ensure fairness in its enforcement, and prioritize reconciliation when possible.

The way this situation is handled will set an example not only for today's civic culture but also for future generations who look to their leaders as role models. Our community needs strength, hope, unity, and compromise. We need leaders who can disagree respectfully, restore trust, and focus their efforts on the issues that shape our shared future.

Thank you for your service during these challenging times and for your dedication to fairness, transparency, and the long-term well-being of Capitola.

Respectfully,
Emeline N.

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ATTN: Comment on Item 98- Importance of Process and Respect From natek.gov <[email protected]>
Date Wed 9/24/2025 8:49 PM
To City Council <[email protected]>
To the Capitola City Council,
As a Capitola resident, I want to share a concern about how sensitive items are handled at Council meetings.

When matters like Item 98 come before you, the process is just as important as the decision itself.

These discussions should stay focused on facts, fairness, and transparency. No councilmember should feel singled out, and no resident should feel dismissed.

Since the beginning of the year, this Council has worked through difficult tensions. In recent months, the tone has started to return to respect, and that progress matters. Protecting that progress means honoring due process, avoiding unnecessary disputes, and staying focused on the people's business.

Neither council members nor residents should ever be bullied or subjected to intimidation, especially since all of us who serve this city do so as volunteers.

By keeping the focus on process and respect, the Council protects the City, supports one another, and strengthens public trust.

Respectfully,
Nathan Kieu
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Fwd: Canvassing for Measure L
From Russell, Elisabeth ([email protected]) <[email protected]> Date Wed 9/24/2025 9:01 PM
To City Council <[email protected]>
Cc Kevin Maguire <k.maguire831 @gmail.com>
Subject: Canvassing for Measure L
Dear Members of the Capitola City Council,
An organized group worked together to inform Capitola citizens about the pending city council proceedings that could have violated Measure L. One of the components was dispersing fliers to every neighborhood in the city.

Every neighborhood was given fliers. There was no targeting, only an effort to inform all of the citizens.

Sincerely,
Elisabeth Bertrand
Sent from my iPhone
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Item 98 code of conduct
From Jacqueline Chen <cjchen221 @gmail.com>
Date Wed 9/24/2025 10:30 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision about a code of conduct complaint against Council member Melinda Orbach.

The actions taken by this individual citizen were perceived to Council member Orbach and her family as threatening. Council members have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Council member Orbach relied on her voice to request for boundaries and protect her family to the best of her ability.

Council member Orbach publicly apologized at the June council meeting for naming an individual, and she has consistently sought to de-escalate by offering mediation. In fact, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council complicates resolution of the original conflict. Moving forward with this hearing creates additional liability for both the City and Council member Orbach should this situation result in litigation tied to the complainant's tort claim for defamation. Rather than protecting the City or resolving conflict, this approach exposes Capitola to further division and legal risk.

I strongly urge the Council to dismiss this complaint on September 25. Capitola deserves leaders who prioritize fairness, safety, and mediation.

Respectfully,
Jacqueline Chen
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Item 98 Code of Conduct Complaint (September 25 meeting) From Keith Wood <[email protected]>
Date Wed 9/24/2025 11:59 PM
To City Council <[email protected]>
Dear Capitola City Council,
I attended your very tense April17 meeting, and I'm surprised and concerned that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of obvious harassment is not just absurd-it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Councilmember Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April17 was clear: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a political environment where women are too often silenced, minimizing or second-guessing their own lived experiences, Councilmember Orbach did what strong women do-she spoke up. That should never be treated as a transgression.

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Clearly, Melinda did not slander, demean, or lash out-she asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to use their voices, is watching closely.

To punish her would be to reinforce the oldest, most harmful message women hear: stay quiet, stay small, don't upset power.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Councilmember Orbach for insisting on civility is to reward harassment-and that is something no city committed to justice and equity should tolerate.

Respectfully,
Keith Wood
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True Leadership: who will you choose to be
From joy flynn <[email protected] >
Date Thu 9/25/2025 2:53 AM
To City Council <[email protected]>
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Council member Melinda Orbach on trial for exercising her authority and freedom of speech and speaking openly about 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.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April17 were rooted in truth, transparency, and a mother's instinct to protect her family. Which is exactly what you as a board representing the city of Capitola should also be doing. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and she continues to show restraint in the face of relentless personal attacks. Instead of rewarding good-faith efforts as resolution, and modeling restrictive practices for its community, this Council instead is legitimizing harassment by agendizing a code of conduct complaint that has no merit.

The facts are clear: Council-member Orbach described 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 online vitriol, threats of litigation, and political intimidation when you as a board have the authority to shut this down and provide her the backing she deserves. Instead you are using her as an example and singling her out. Capitola residents should not have to watch their representatives be silenced or driven out by those who would rather bully than engage in dialogue. As a board member who knows all to well the discord that can occur from the dais it is important to have a call for kindness both on and off the dais something I've recently begun calling for.

I urge you to dismiss this claim outright on September 25. Capitola deserves 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, rather than logic, works. That is not the Capitola I believe in, and I stand firmly with her.

Respectfully,
Joy Flynn
PVUSD Trustee area 1
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Item 98 Code of Conduct Complaint
From Nils Tikkanen <[email protected]>
Date Thu 9/25/2025 8:26AM
To City Council <[email protected]>
I support Councilmember Orbach's position and transparency. Our community should have zero tolerance for the kind of behavior she's been subjected to -- it's fine to have a political stance but absolutely unacceptable to threaten someone. I urge you to dismiss the complaint against Council member Orbach.
-- Nils Tikkanen
County resident since 1999, currently residing in Live Oak D
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Item 98 code of conduct complaint
From Andrea Ludwick <[email protected]>
Date Thu 9/25/2025 8:58AM
To City Council <[email protected]>
Dear Capitola City Council,
I respectfully urge the Council to dismiss the complaint against Councilmember Orbach. She has acknowledged her actions, issued an apology, and is actively participating in mediation. Moving forward with a public hearing at this stage would undermine that process and set a precedent of politicizing disputes better resolved through established channels.

Public hearings should be reserved for matters of significant policy or governance, not for conflicts already addressed through mediation. To proceed otherwise risks creating a climate where complaints become a tool of intimidation rather than accountability. This erodes trust in the process, discourages qualified individuals from public service, and disproportionately impacts those already underrepresented in leadership roles.

Dismissing this complaint would affirm the Council's commitment to fair, efficient, and constructive conflict resolution, while ensuring that the focus remains on the substantive work of governing our community.

Thank you for considering my opinion,
Andrea Ludwick
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Public Comment- Item 98 (Code of Conduct Complaint against Melinda Orbach) From Emmy Mitchell-Lynn <[email protected]>
Date Thu 9/25/2025 9:00AM
To City Council <[email protected]>; Gautho, Julia <[email protected]> Dear Capitola City Council members,
I am writing regarding Item 98 and urge you to dismiss the complaint against Councilmember Orbach.

The facts the public has been privy to are these: at the April17, 2025 meeting, Councilmember Orbach described behavior that crossed the line from political disagreement into intimidation. She named the individual and asked him to stop. In response, he filed a Code of Conduct complaint, then a tort claim, and has continued to send demands for censure, reprimand, and removal from committees.

Council member Orbach has acknowledged that naming him was a mistake in form, and mediation has been sought to resolve the matter.

Council member Orbach's comments do not constitute "abusive conduct." They were a straightforward account of actual events that raised legitimate safety concerns. Labeling this as a "personal attack" misuses the Code of Conduct and reflects a troubling pattern in Capitola, where process is increasingly used to marginalize or silence elected and appointed officials whose voices do not align with the priorities of certain groups. This kind of attack, regardless of which side engages in it, undermines the Council's work and erodes public trust, and it fundamentally needs to stop. Allowing this complaint to stand would only legitimize harassment and intimidation as political tactics.

What makes this especially damaging is who Council member Orbach is as a leader. She is not reactionary or partisan. She takes the time to analyze every issue from multiple angles, weighing competing interests and offering solutions that are balanced and fair. This impartiality is rare in today's politics, and Capitola should recognize it as an asset. Undermining that kind of leadership sends the message that fairness and balance will be met with hostility rather than respect.

And this is not an isolated incident. I served on a Capitola city board for over six years before stepping away because of the increasingly hostile climate of our city's government. I have watched how bullying tactics and divisive behavior drive out people who try to serve thoughtfully. What is happening to Council member Orbach is part of that same pattern- a pattern that should not be rewarded.

Allowing this complaint to move forward would not protect civic life; it would hand more power to those who thrive on intimidation. Dismissing it is the only outcome that refuses to reward harassment and keeps Capitola's public process from being further hijacked.

Sincerely,
Emmy Mitchell-Lynn
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Item 98 Code of Conduct Complaint
From Taylor Seamount <[email protected]>
Date Thu 9/25/2025 9:03 AM
To City Council <[email protected]>
Dear Councilmembers,
I urge the Council to dismiss the complaint against Council member Orbach on September 25.

The submission of the complaint is clearly not based out of a concern for fairness or safety. It is yet another tactic to squash good-faith discourse about the rail trail.

Council member Orbach has not been protected by our community from harassment and intimidation.

And now we move to punish her for a totally understandable attempt to protect herself? This is truly unacceptable.

The pro-rail trail campaign has not employed harassment tactics. Council member Orbachs harasser is no less on danger with his identity called out Meanwhile council member Orbach and her family are increasingly under threat every time she speaks up for public transit in our community. It would be deeply unfair for her to be the one ultimately punished for this asymmetrically violent dispute.

Sincerely,
Taylor Seamount
~he/herortheyJthenn)
Artist envisioning a regenerative California through plein air and illustration. mxtorseannount. conn
instagrann.conn/ta)(.lorseannount
Etsy seller creating ultralight plein air gear
etsv:conn/shof}/TSeannount
UC California Naturalist class 2023
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Reject complaint against Council member Orbach
From Natasha Pedroza <[email protected]>
Date Thu 9/25/2025 9:13 AM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing with deep concern about the Council's decision to place a code of conduct complaint against Councilmember Orbach on the public agenda. This course of action not only undermines the integrity of a process already underway through mediation, but sends an unsettling message about how Capitola treats leaders who speak out with courage and conviction.

At the heart of this situation is something more than a procedural disagreement. A public servant experienced conduct that felt unsafe, and she responded with the only recourse available to her: she used her voice. Without any other protections in place for public servants, she spoke out. That voice wasn't reckless-it was clear, measured, and rooted in a commitment to transparency and accountability. Council member Orbach acknowledged her initial misstep in using a specific name and immediately sought resolution through mediation. That's leadership.

By continuing to elevate this complaint, the Council is not serving justice-it is disrupting it. Rather than allowing the existing conflict resolution process to proceed, this hearing risks inflaming division, escalating hostility, and exposing the city to unnecessary legal and reputational harm. Worse, it threatens to normalize a pattern far too familiar to women in public service: speak out, and be silenced.

Let's be honest about what's at stake. When a woman in public life draws a boundary to protect herself and her family and the consequence is a public hearing meant to shame her-that is not accountability. That is a warning shot. And every woman watching, every young person learning what civic leadership looks like, sees it for what it is. In this political climate, when a disgruntled constituent appears to be hunting down her home where she lives with her young family, of course she felt fearful.

And I am disappointed that instead of protecting her and our other public servants, we are witnessing this spectacle.

I urge the Council to reject this complaint and restore faith in Capitola's commitment to ethical leadership, authentic dialogue, and a public culture where all can lead without fear. Please reject this complaint and move forward with the work that actually serves this community.

With conviction and respect,
Natash a
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[PDF] Item 98 Code of Conduct Complaint
From loren Morse, REALTOR <[email protected]> Date Thu 9/25/2025 9:22 AM
To City Council <[email protected]>
@ 1 attachment (155 KB)
Item 98 Code of Conduct Complaint (1).pdf;
Dear Capitola City Council,
See attached signed letter, but below is a body of the letter** I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Council member Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd, it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Melinda is not seeking clout. She is a full-time professional, a full-time mother, and a woman whose perspective brings much-needed diversity to Capitola. As someone who grew up only a mile away in a community made up almost entirely of white families, including my own, I know how important it is to have representation that reflects the richness of our community today. Her presence on this council is a breath of fresh air, and she represents voices like mine and many others who care deeply about Capitola's future.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat. The heart of her comments on April 17 was clear, however: a woman, a mother, and an elected leader asserting her right to safety and to draw boundaries when faced with threatening behavior. In a political environment where women are too often silenced, minimized, or forced to second-guess their own lived experiences, Council member Orbach did what strong women do, she spoke up. That should never be treated as a transgression.

Rather than inflaming conflict, she has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. Despite the limited time she has between work and family responsibilities, she still shows up, dedicating herself to making Capitola a better place. That commitment deserves this Council's respect and support.

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Let us be clear, Melinda did not slander, demean, or lash out, she asserted her boundaries. For thaP she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to use their voices, is watching closely. To punish her would be to reinforce the oldest, most harmful message women hear, stay quiet, stay small, do not upset power.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Council member Orbach for insisting on civility is to reward harassment, and that is something no city committed to justice and equity should tolerate.

Respectfully,
Loren
Loren Morse, Realtor
eXp Realty of California, Inc .
.. Housing Humans & Hounds ..

Lorensellsrealestate@g mail.com
831-345-8912 I DRE#02115062
lorenmorse.exP-realtY..com
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Dear Capitola City Council,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Council member Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd, it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Despite the limited time she has between work and family responsibilities, she still shows up, dedicating herself to making Capitola a better place. That commitment deserves this Council’s respect and support.

Let us be clear, Melinda did not slander, demean, or lash out, she asserted her boundaries. For that, she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service, and every mother in Capitola raising daughters to use their voices, is watching closely. To punish her would be to reinforce the oldest, most harmful message women hear, stay quiet, stay small, do not upset power.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Council member Orbach for insisting on civility is to reward harassment, and that is something no city committed to justice and equity should tolerate.

Respectfully,
Docusign Envelope ID: 45FF2554-BB93-413C-92EA-377449857A6C Loren Morse
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women in leadership
From Ziggy RendlerBregman <[email protected]>
Date Thu 9/25/2025 9:40AM
To City Council <[email protected]>
To all members of the Capitola City Council,
It has come to my attention that there has been a series of issues that appear to be harassment of your abiding councilwoman, Melinda Orbach.

I am writing to you so that you can address this head on.

There is never a place or time for women who are serving in leadership positions in our local, regional, or national government to receive any backlash or harassment due to their gender. We must all be vigilant in addressing this right here, right now.

Thank you for your concern and your effort to stop it!
Sincerely,
Ziggy Rendler-Bregman
"There is no such thing as an artist: there is only the world lit or unlit." --Annie Dillard
ziggy,:rendlerbreg man.com
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(No subject)
From lunamar Harter <[email protected]>
Date Thu 9/25/2025 9:47 AM
To City Council <[email protected]>
Dear Capitola City Council,
I write today with deep disappointment that the Council has allowed a baseless complaint to rise to the level of a public agenda item. To place Council member Melinda Orbach on trial for speaking openly about 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.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat, but her comments on April 17 were rooted in truth, transparency, and a mother's instinct to protect her family. She has demonstrated integrity by offering mediation multiple times through the Conflict Resolution Center, and 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: Council member Orbach described 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 online vitriol, 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 Council member Orbach for demanding civility is to send the message that harassment works. That is not the Capitola I believe in, and I stand firmly with Council member Orbach
Respectfully,
Luna mar Harter, Resident of Capitola
1790 48th Ave., #4 Capitola, CA 95010
[email protected]
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Item 98 Code of Conduct Complaint
From Mary Seamount <[email protected]>
Date Thu 9/25/2025 10:07 AM
To City Council <[email protected]>
Dear Capitola City Council,
I urge you to dismiss the complaint against Council member Orbach. She has the right and responsibility to speak openly about harassment and to protect her family.

She has acknowledged her mistake in naming the harasser and acted in good faith. After seeking mediation to resolve conflict, the harassment against her only escalated.

The complaint is clearly retaliatory and continued
harassment. To discipline her for speaking truthfully about harassment would set a dangerous precedent and send a
chilling message to every woman and every parent who raises children to stand up for themselves. Please do not reward intimidation.

Capitola deserves leaders who value integrity over intimidation, and who protect the right to safety and civility in public life.

Sincerely,
Mary Seamount
196 Meadow Ct
Aptos, CA 95003 D
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Councilmember Orbach (support letter)
From Juan Pedroza <[email protected]>
Date Thu 9/25/2025 10:31 AM
To City Council <[email protected]>
Dear City Council,
I write in support of Councilmember Melinda Orbach. The current issue being discussed appears to be one of selective application of rules. Even considering Orbach's admitted mistake, I see nothing out of the ordinary that would require the type of action (against Orbach, specifically) being considered. We are left to assume that the rules are being applied in a way that has more to do with caprice than advancing a public interest.

A concerned member of the public,
Juan Pedroza
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[PDF] Concerned citizen
From Jillian Lashley <[email protected]>
Date Thu 9/25/2025 10:35 AM
To City Council <[email protected]>
@ 1 attachment (141 KB)
Melinda Letter.pdf;
To Whom it May Concern,
Attached is a letter in regards to the local issue of city council member, Melinda Orbach.

As a born and raised citizen, I find it deeply concerning that even as Melinda seek mediation, that she faces biased scrutiny in efforts by our own council members whom seem to put precedent of protecting a predator. Not just a predator, but one who influences our local youth in our community.

It is evident that Melinda has not only apologized but seeks to address and resolve issue at hand of misuse of her position.

Yet our own council, continues to scrutinize and put on trial the very member whom is being threatened and harassed instead of the person of wrongful behavior.

It's deeply concerning and disappointing if our very own members have questionable ethics that compromise our local citizens and moral obligations to this community.

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Dear Capitola City Council,
I write today out of profound concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd—it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has been met not with respect, but with ongoing attacks on her character and attempts to discredit her leadership. And now, instead of standing with her, this Council risks legitimizing harassment by entertaining a baseless code of conduct complaint.

Respectfully,
Docusign Envelope ID: DA64EAC8-B4DB-4723-A211-F98D82003AE8 9/25/2025
Jillian Lashley
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98 Code of Conduct Complaint
From Kimberly Chang <[email protected]>
Date Thu 9/25/2025 10:43 AM
To City Council <[email protected]>
Dear Capitola City Council,
In these days of serious political violence, I encourage you to dismiss the Code of Conduct complaint against City Councilmember Ms. Melinda Orbach. Her comments were innocuous and not harmful to the accuser ... and yet the City Council turns a blind eye to the safety of your colleague, Ms. Orbach. There must be a line where those in public service can maintain their personal privacy and safety from acts of the public posing direct inquiries to neighbors as to where Ms. Orbach resides. The political process and code of conduct should not be used to further target City Councilmembers. The City Council should be taking measures to protect Ms. Orbach (and by extension, ALL city councilmembers) from infringements on their personal privacy and safety. Make no mistake, enabling this sort of behavior only emboldens further intrusive behavior from the public, which can escalate into physical harm. Deescalate now.

Sincerely,
Kimberly Chang
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Concern Regarding Council Functionality and Harassment
From Michael Gutierrez <[email protected]>
Date Thu 9/25/2025 10:50 AM
To City Council <[email protected]>
Mayor and Members of the City Council,
As a resident of Capitola for nearly 25 years, I am writing to am writing to express my profound concern regarding the recent actions of a small, focused group within our community. These actions are having a detrimental effect on the integrity and functionality of our City Council, which is a cause for significant alarm for me as a voter and a citizen.

I am particularly disturbed by the ongoing pattern of targeting and harassment directed at individual council members. The resignation of one member and the continued targeting of others indicate a deliberate effort to disrupt our city's governance and deter duly elected officials from serving the public. The repeated scrutiny of council members' personal lives, the exaggeration of minor issues, and the relentless pursuit of new grievances, even after previous allegations have been formally disproven, appear to be tactics aimed at political intimidation rather than genuine accountability.

The recent request for the City Council to adopt a policy requiring hearings for allegations even without legal merit is especially troubling. Such a policy would not promote transparency or public trust; instead, it would weaponize the Council's own procedures against its members. This would create a system that enables the harassment of public servants and consumes valuable city resources with unfounded, politically motivated disputes.

I am concerned that this behavior, if allowed to continue, will discourage qualified and dedicated individuals from running for office and will undermine the democratic process. Our city's progress depends on a City Council that can focus on the important work of governance without being sidetracked by campaigns of personal and political intimidation.

I urge you to resist any policies that would enable these disruptive tactics. I also encourage you to find ways to support our elected officials so they can fulfill their duties without fear of harassment. Your commitment to a fair and functional government is essential for the well-being and future of our city.

Thank you for your time and consideration of this critical matter.

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Item 98 code of conduct complaint
From Roya Pakzad <[email protected]>
Date Thu 9/25/2025 10:59 AM
To City Council <[email protected]>
Dear Honorable Members of the Capitola City Council,
I'm writing in strong support of Council member Melinda Orbach and to respectfully urge you to dismiss the Code of Conduct complaint (item 98) at the September 25, 2025 meeting.

Council member Orbach has been a dedicated and effective public servant, consistently focused on the core issues facing our community. Her comments on April 17 were a reasonable request for basic respect and safety for herself and her family; clear, necessary boundaries that any elected official should be able to expect. She has since taken constructive steps toward resolution, including initiating mediation.

This matter should not distract from the work residents elected her to do. Continuing a punitive process risks normalizing intimidation of public officials and shifts attention away from solving our shared challenges.

Please allow Councilmember Orbach to continue her focused attention on the main issues before us and send a message that protecting the safety and dignity of those who serve is a shared priority.

Warm regards,
Roya Pakzad
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Letter of support for Melinda Orbach
From Ben Breen <[email protected]>
Date Thu 9/25/2025 11 :05 AM
To City Council <[email protected]>
Dear Councilmembers,
I am writing to express my strong support for Melinda Orbach. In my interactions with her (our kids went to preschool together) she is a thoughtful, principled, and dedicated person.

I urge you to dismiss the Code of Conduct complaint against her. Melinda strikes me as someone who is honest, respectful, and committed to civil discourse. In other words, exactly the sort of person I want in local government.

Sincerely,
Benjamin Breen
Benjamin Breen
Associate Professor of History
University of California, Santa Cruz
Faculty page: history.ucsc.edu/facultyLP-rofiles/index.P-hP-?uid=bebreen Website: benjaminP-breen.com
Newsletter: resobscura.substack.com
Books: TriP-P-ing on UtoP-ia: Margaret Mead, the Cold Wat; and the Troubled Birth of. Psv_chedelic Science (2024) and The Age of. Intoxication: Origins olthe Global Drug Trade (2019) D
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Item 98 Code of Conduct Complaint
From Mary Seamount <[email protected]>
Date Thu 9/25/2025 10:07 AM
To City Council <[email protected]>
Dear Capitola City Council,
I urge you to dismiss the complaint against Council member Orbach. She has the right and responsibility to speak openly about harassment and to protect her family.

She has acknowledged her mistake in naming the harasser and acted in good faith. After seeking mediation to resolve conflict, the harassment against her only escalated.

Capitola deserves leaders who value integrity over intimidation, and who protect the right to safety and civility in public life.

Sincerely,
Mary Seamount
196 Meadow Ct
Aptos, CA 95003 D
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[PDF] item 98 code of conduct complaint
From Raman Virk <[email protected]>
Date Thu 9/25/2025 11 :17 AM
To City Council <[email protected]>
@ 1 attachment (31 KB)
Letter. pdf;
Dear City Council Members,
Please see the attached letter regarding a matter of misconduct that requires your attention. I appreciate your time and consideration.

Regards,
Ramandeep Virk
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Dear Capitola City Council,
I respectfully urge you to dismiss the complaint against Councilmember Orbach. In a moment of intimidation, she used her voice, the only tool she had and has since acknowledged the impact, apologized publicly, and entered mediation. A public hearing now could undermine that progress.

In today 's hostile political climate, especially for women, this kind of punitive action sends the wrong message. It discourages thoughtful leadership and tells women that speaking up may lead to punishment.

As a parent, I want my children to know their voices matter. Let's choose a constructive path.

Please dismiss the complaint on September 25 and let mediation continue.

Respectfully,
Ramandeep Virk
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Letter of Concern and Support for Councilwoman Melinda Orbach RE: Item 9B in tonight's Capitola City Council Agenda
From Stephanie Barron <[email protected]>
Date Thu 9/25/2025 11 :29 AM
To City Council <[email protected]>
Letter of Concern and Support for Councilwoman Melinda Orbach RE: Item 9B in tonight's Sept 25 Capitola City Council Agenda
Good evening, Councilmembers,
I'm writing because I'm deeply concerned about what this hearing represents.

By moving forward with a public code of conduct complaint- despite a public apology, active mediation, and no precedent for agendizing past complaints -this Council is sending a dangerous message.

It legitimizes personal and political attacks - particularly those targeting women of color in leadership. Councilmember Orbach spoke up to set boundaries. That should not make her a target.

We've seen this pattern across the country: women, especially women of color, being held to different standards, scrutinized more harshly, and punished for asserting themselves.

Capitola should not follow that path.

At a time when our city, county, state, and country faces real, urgent challenges, this process feels less like accountability and more like intimidation.

I urge you: dismiss the complaint, protect the integrity of mediation, and apologize to Melinda for reinforcing harmful dynamics by agendizing this matter. Capitola can do better. I hope to see greater solidarity and mutual respect from this honorable council, the work will only get harder and we are stronger together when we do not let our values get tuned out by the loudest in the room. Please keep those of us on the margins of power and privilege in your mind as equally deserving of your courage and advocacy.

Thank you.

Stephanie Barron Lu,
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Item 98, Code of Conduct Complaint
From R James <[email protected]>
Date Thu 9/25/2025 11 :32 AM
To City Council <[email protected]>
Dear Council Members,
I am writing to urge you to dismiss the claim against Melinda Orbach and let mediation take its course. Melinda has not only acknowledged what she did, but has publicly apologized, and sought to work through the issue with the individual in mediation. Scheduling this hearing, undermines the mediation process and complicates resolution of the original conflict.

Again, I ask you to dismiss this claim at tonight's meeting.

Thank you for your time and consideration.

RJ - unincorporated county
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Supporting Melinda Orbach
From Grace Kau <[email protected]>
Date Thu 9/25/2025 11 :36 AM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to express strong concern about the Council's decision to agendize a code of conduct complaint against Council member Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between council members and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Council member Orbach and her family as threatening. Councilmembers have no formal means of defending themselves against suspicious behavior, implied threats, or intimidation that may not meet the threshold of criminal conduct. In this case, Council member Orbach relied on the only tool available to her-her voice-to establish boundaries and protect her family.

It is important to note that Council member Orbach publicly apologized at the June council meeting for naming an individual, and she has consistently sought to deescalate by offering mediation. In fact, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Respectfully,
Grace Kau D
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Council member Melissa Orbach
From Ilene Feinman <[email protected]>
Date Thu 9/25/2025 12:05 PM
To City Council <[email protected]>
Dear council members and mayor,
From a community perspective, Councilmember Orbach needs to be protected from harassment by constituents.

When women name a harasser they are publicly protecting themselves by garnering witness to the harassment and warning others of the behavior of the harasser.

Please take her concerns seriously and support her thriving and serving our communities with her work on Council.

Ilene Feinman
District 1 constituent Santa Cruz City
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Item 98: Code of Conduct Complaint
From Ryan Meckel <[email protected]>
Date Thu 9/25/2025 12:29 PM
To City Council <[email protected]>
Dear Capitola City Council,
Please dismiss this meritless complaint and condemn the ongoing harassment of your fellow council member at today's meeting. It is deeply disheartening to see this rise to the level of an agendized item, giving tacit approval for community members to harass and intimidate those who do not share their beliefs. When our national political climate is becoming ever more toxic, hateful, and divisive it is shameful to see those same behaviors elevated locally, especially by elected officials.

I hope you'll lead by example in standing with Council member Orbach against harassment and intimidation in Capitola by rejecting this complaint.

Sincerely,
Ryan Meckel
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Melinda Orbach code of conduct complaint
From Claudia Donnelly <[email protected]>
Date Thu 9/25/2025 12:33 PM
To City Council <[email protected]>
Dear Capitola City Council,
I respectfully urge the Council to dismiss the complaint against Council member Orbach. She has acknowledged her actions, issued an apology, and is actively participating in mediation.

Moving forward with a public hearing at this stage would undermine that process and set a precedent of politicizing disputes better resolved through established channels.

Thank you for considering my opinion
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Capitola City Council
From Susanne Melehan CA-Santa Cruz <[email protected]> Date Thu 9/25/2025 1:00PM
To City Council <[email protected]>
Dear Capitola City Council,
I write today out of concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation against Council member Melinda Orbach, who is on trial for speaking out against her own experience of harassment. This is heinous--a woman should always be able to speak out against harassment.

Council member Orbach has already acknowledged that naming an individual was a mistake she will not repeat. She is a woman, a mother, and an elected leader who asserts her right to safety and to draw boundaries when faced with threatening behavior. Women are too often silenced, minimized, or second-guessed for their own lived experiences. Council member Orbach speaking up should not be viewed nor treated as a transgression.

Council member Orbach has sought resolution and offered mediation through the Conflict Resolution Center multiple times, but her willingness to meet in good faith has been met with contempt with ongoing attacks against her character and attempts to discredit her leadership. Instead of standing with her, the Council risks legitimizing harassment by fostering a baseless code of conduct complaint against her.

Council member Orbach did not slander, demean, or lash out--she asserted her boundaries; yet, she has endured threats, online intimidation, and relentless personal attacks. Every woman in public service and every mother in Capitola raising daughters to use their voices are watching. To punish her would be to support the old adage: "stay quiet, stay small, and don't upset power." Please strongly reject the complaint placed against Councilmember Orbach on September 25th, 2025.

Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public. Do not punish Council member Orbach for insisting on civility and seeking resolution on this matter.

Respectfully,
Susanne Melehan
Caution: This email is both proprietary and confidential, and not intended for transmission to (or receipt by) any unauthorized person(s). If you believe that you have received this email in error, do not read any attachments. Instead, kindly reply to the sender stating that you have received the message in error. Then destroy it and any attachments. Thank you.

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Item 98 Code of Conduct Complaint
From Alexis Konevich <[email protected]>
Date Thu 9/25/2025 1:27PM
To City Council <[email protected]>
To the esteemed members of the Capitola City Council:

I write today in support of Councilwoman Melinda Orbach, and to express my concern over the state of public discourse in the community. Having recently been the target of similar threats and intimidation tactics as a county appointee, I understand Melinda's fear for her safety and that of her family. I ask that you uphold the honor of your esteemed body and refuse to let fellow council members be harassed into submission by a select few individuals trying to drown out the voice of the people who voted to elect Councilwoman Orbach.

Please note the above comments are my own and do not represent the official views or position of the county parks commission.

Thanks,
Alexis Konevich
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Item 9b code of conduct complaint
From Jessica Cannarozzi <[email protected]>
Date Thu 9/25/2025 2:07 PM
To City Council <[email protected]>
To whom it may concern,
As a resident of Capitola and having voted for Melinda Orbach, I find it embarrassing that so much time and effort has been spent by the council on the complaint filed. I am a frequent observer of social media, and question the validity of this complaint at all, based on the many personal attacks this individual has made on Melinda and her family. It's time that you start representing the majority of your constituents and start focusing on issues that will impact the community, such as the rail trail, housing, public transportation, an overwhelming number of properties turned short term rentals, and more. In my opinion, those of you pushing this complain forward are being manipulated by a loud mouth bully who is sitting so comfortably in his privilege he can't see the reality of the world he lives in today. This will be remembered when voting time comes around again, and remember, many of you were not voted in by the public.

I insist you drop the complaint and start listening to the candidate many constituents feel represent their policies and concerns.

Jessica Cannarozzi
38th Ave, Capitola
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Item 98 Code of Conduct Complaint
From Scott <[email protected]>
Date Thu 9/25/2025 2:13 PM
To City Council <[email protected]>
Dear Capitola City Council,
I am writing to recommend dismissal of the code of conduct complaint against Councilmember Melinda Orbach. This action sets a troubling precedent for how the City responds to conflicts between councilmembers and creates unnecessary liability for Capitola at the expense of taxpayer dollars.

The issue at hand is regrettable, but also a trivial mistake. And, crucially, Council member Orbach publicly apologized at the June council meeting for naming an individual, and has consistently sought to de-escalate by offering mediation. Mediation is identified in the staff report. In fact, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Scheduling the hearing also sets the precedent that mediation through the Conflict Resolution Center is unnecessary. Moving these proceedings forward prior to the completion of mediation is not only premature, it sends the message that mediation is not a desired process. That the dialogue for conflict resolution is not needed. This feels antithetical to the existence of this council.

Moving forward with this hearing creates additional liability for both the City and Council member Orbach should this situation result in litigation tied to the complainant's tort claim for defamation. Rather than protecting the City or resolving conflict, this approach exposes Capitola to further division and legal risk. This represents poor governance.

I strongly urge the Council to dismiss this complaint on September 25. Capitola deserves leaders who prioritize fairness, safety, and mediation. The message that dialogue is not desired is a message I reject, and I hope you do as well.

Sincerely,
Scott
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Item 98 code of conduct complaint
From Matt Ludwick <[email protected]>
Date Thu 9/25/2025 2:20 PM
To City Council <[email protected]>
Dear Capitola City Council,
I respectfully urge the Council to dismiss the complaint against Councilmember Orbach. She has acknowledged her actions, issued an apology, and is actively participating in mediation. Moving forward with a public hearing at this stage would undermine that process and set a precedent of politicizing disputes better resolved through established channels.

Thank you,
Matt Ludwick
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Concern about adding Conduct Complaint to agenda & Capitola Mall From Bridget Hawkins <[email protected]>
Date Thu 9/25/2025 2:33 PM
To City Council <[email protected]>
Dear City Council Members,
As a Capitola resident for over 30 years, I am writing to you today to express my concern about the disruptive behavior at recent public meetings regarding the Rail Trail Corridor. I know this issue is challenging and has a big impact on our community, and I appreciate the work you are doing.

Thank you for your dedication to our city.

Sincerely,
Bridget H
Capitola, CA
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[PDF] Item 98 on The September 25, 2025 agenda re: Melinda Orbach From Carla <[email protected]>
Date Thu 9/25/2025 2:59 PM
To City Council <[email protected]>
@ 1 attachment (24 KB)
Letter to the Capitola City Council.pdf;
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Letter to the Capitola City Council
From: Carla Christensen
Date Sent: September 25, 2025
Subject: Item 9B, September 25, 2505 Capitola Council Meeting Agenda; Code of Conduct Violation
Honorable City Council Members,
I work with Soquel Creek Water District as a Board Member but I am speaking as a concerned 30-year resident and citizen of Capitola.

I am submitting this letter about the Code of Conduct Violation charge made against your fellow council member, Melinda Orbach. While the Council has the right to review the tort charge, I urge the Council to take a longer view on this matter.

It is true that instead of calling out the person who appeared to be threatening her in her neighborhood by name at a Council meeting she could have pursued a restraining order.

However, Councilwoman Orbach did apologize to the person in question publicly and immediately and reached out with an offer to meet with a mediator to clarify the issue with the citizen. This conciliatory path does not appear to have been taken by the complainant.

Melinda Orbach did not violate any laws, so this is not a legal matter but a Capitola administrative policy question.

While Mr. McGuire has the right to make negative comments about Orbach, particularly comments about her votes in Council meetings, he went far beyond this when he went into her neighborhood appearing to threaten her and her family.

I urge the Council to support Councilwoman Orbach’s right to self-protection and dismiss this complaint. In over 30 years of residence in Capitola I have never seen a Council demonstrate this lack of support for a council member before.

Be strong in standing for respectful discourse and fairness as well as for the safety of our public officials. Please avoid trying to make this a black and white issue that could come back to haunt the City.

Thank you
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1 Gautho, Julia
From: Goldstein, Jamie ([email protected])
Sent: Thursday, September 25, 2025 3:24 PM
To: City Council
Subject: FW: [PDF] Mediation
Attachments: City of Capitola 25.9.24.pdf
Mayor and Council – pls see attached letter from CRC regarding mediation.

From: Jill Borba <[email protected]>
Sent: Wednesday, September 24, 2025 7:27:21 PM
To: Woodmansee, Chloe <[email protected]>
Subject: [PDF] Mediation

Hi Chloe,
Please see attached letter.

Wishing you all the best with this situation.
--
Jill Borba
Workplace Mediation and Training Manager
Please note that I am not a full time employee of CRC. My official workdays are Mon, Tues and Thurs. While I make every effort to reply promptly, I may not be able to respond before my next workday. Thank you for your understanding.

Conflict Resolution Center of Santa Cruz County (CRC)
614 Ocean Street
Santa Cruz, CA 95060
831.475.6117 ext 408/ Direct- 831-219-8229
The Conflict Resolution Center is located on the occupied/unceded territory of the Awaswas-speaking Uypi Tribe. The Amah Mutsun Tribal Band, comprised of the descendants of indigenous people taken to missions Santa Cruz and San Juan Bautista during Spanish colonization of the Central Coast, is today working hard to restore traditional stewardship practices on these lands and heal from historical trauma.

We recognize that we benefit from living and working on their traditional homeland, and we affirm their sovereign rights as first peoples.
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Conflict Resolution Center
of SANTA CRUZ COUNTY
To whom it may concern:

Our organization was approached by the City of Capitola requesting a mediation between Melinda Orbach and Kevin Maguire. The case was assessed for mediation and found to not be amenable to the process. It is not recommended to proceed.

Sincerely,
Jill Borba
Workplace Mediation Manager
Conflict Resolution Center 614 Ocean St Santa Cruz, CA 95062 831.475.6117 www.crcsantacruz.org
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1 Gautho, Julia
From: Ron Sandidge <[email protected]>
Sent: Thursday, September 25, 2025 3:19 PM
To: City Council
Subject: tonight's meeting
Dear Capitola City Council,
I write with deep concern that this Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not only unjust—it sends a chilling message to every woman in this community: that telling the truth can be punished.

Councilmember Orbach has already acknowledged that naming an individual on April 17 was a mistake she will not repeat. But the essence of her comments was unmistakable: a woman, a mother, and an elected official asserting her right to safety and setting boundaries in the face of threatening behavior. In a world where women are too often silenced or pressured to minimize their experiences, Councilmember Orbach did what strong women do—she spoke up. That is not a violation; it is leadership.

Far from escalating conflict, Councilmember Orbach has repeatedly sought resolution, offering mediation through the Conflict Resolution Center. Her good-faith efforts have been met instead with character attacks and attempts to undermine her credibility. By entertaining this baseless code of conduct complaint, the Council risks legitimizing harassment and discrediting her integrity.

Let us be clear: Councilmember Orbach did not slander or demean anyone. She drew boundaries, as every person has a right to do. For that, she has faced threats, online intimidation, and relentless personal attacks. To discipline her would reinforce the most damaging message women hear: stay quiet, stay small, don’t challenge power.

On September 25, I urge this Council to reject this complaint decisively. Capitola deserves leaders who stand with women when they speak their truth, who choose integrity over intimidation, and who defend the basic right to safety and respect in public life. To punish Councilmember Orbach for insisting on civility is to reward harassment—and that is something no just or equitable city should allow.

Ron Sandidge
phone: (831) 251-1950
[email protected]
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From: Eva Brunner <[email protected]>
Sent: Thursday, September 25, 2025 3:44 PM
To: City Council
Subject: 9-25-25 Agenda Item 9B Code of Conduct Complaint Dear Mayor Clarke and Councilmembers -
I urge you to dismiss the code of conduct complaint concerning Capitola City Councilmember Melinda Orbach.

I was startled to learn about the harassment that Councilmember has been experiencing due to her stance on an issue. Councilmember Orbach deserves the full support of the Council and should not in any way support this unacceptable behavior from a community member.

It's unfortunate that this type of bullying would be so bad that a Councilmember would choose to resign rather than continually face threats and harassment. Councilmember Pedersen felt so unsafe that he chose to resign rather than to continue to represent his constituents in the position he was elected to. Is this what we have come to? Not supporting your fellow councilmembers in the face of this type of behavior sets a dangerous precedence. If bullying means a council member quits, or is censured, then there is no reason for the bullying and harrassing to stop.

Sincerely,
Eva Brunner
--

Eva Brunner
Bookkeeping services & consulting
for small business and non-profit organizations
Serving Santa Cruz since 1990
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From: J Virk <[email protected]>
Sent: Thursday, September 25, 2025 4:23 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council,
I am writing with deep alarm over the Council’s decision to place a retaliatory and baseless code of conduct complaint against Councilmember Melinda Orbach on the public agenda. To subject an elected official to scrutiny for speaking out about harassment is not only unjust—it sends a chilling message to every woman in Capitola that her voice may be punished for demanding safety and respect.

Councilmember Orbach has already taken responsibility for her error in naming an individual during her April 17 remarks, a mistake she has vowed not to repeat. Yet her core message was unmistakable: a woman, mother, and leader asserting her right to protect herself and her family from behavior she perceived as threatening. In a world where women’s experiences are too often dismissed or silenced, Councilmember Orbach showed courage by speaking out. This should be commended, not penalized.

Far from escalating the conflict, Councilmember Orbach has pursued reconciliation, repeatedly offering to engage in mediation through the Conflict Resolution Center. Her good-faith efforts have been met with hostility, including personal attacks and attempts to undermine her leadership. By entertaining this complaint, the Council risks validating harassment and amplifying division, rather than fostering resolution.

Let me be unequivocal: Councilmember Orbach did not defame or disparage—she set clear boundaries. For this, she has faced threats, online abuse, and relentless criticism. Every woman in public office and every parent in Capitola teaching their daughters to stand up for themselves is watching this moment. To discipline Councilmember Orbach would reinforce a toxic message: stay silent, shrink yourself, and avoid challenging those who intimidate.

I strongly implore the Council to dismiss this complaint on September 25. Capitola deserves leaders who uplift women’s voices, prioritize integrity over intimidation, and safeguard the right to safety and dignity in public service. Punishing Councilmember Orbach for demanding respect undermines the values of justice and equity our community holds dear.

Regards,Jimmy
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From: Albi Romero <[email protected]>
Sent: Thursday, September 25, 2025 4:45 PM
To: City Council
Subject: Item 9B Code of Conduct Complaint
Dear Capitola City Council Members,
I believe that civil discourse, based on verifiable facts, should be the basis of decisions made to better our community. Threats and intimidation should not be allowed to circumvent that process or silence individuals with different viewpoints. Councilmember Orbach should not be censured for raising concerns about the safety of her family. She has repeatedly sought out peaceful mediation and is not the aggressor in this situation.
-Dr Albi Romero
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From: Sarah Marschall <[email protected]> Sent: Thursday, September 25, 2025 5:18 PM
To: City Council
Subject: Item 9B
Greetings, Council Members.

I am writing in opposition and am very concerned about the actions presented in 9B.

For the past several years, I have served in a role that allowed me to hear from women who are elected or running for office about their hopes, desires to serve, and, unfortunately, far beyond just opposition -- the targeting, harassment, and even threats to personal safety they face, even in our community.

The "threats and harassment database" held by Princeton University, and recently updated with a study in 2022, showed that women across the nation are 3.4 times more likely to face harassment online. Several other studies, many referenced in this article, point to highly disproportionate harassment and attacks on women of color. We have seen the severity shift upwards. This is a problem for our nation, and it is already evident here in Capitola. It is very important that people be able to express their experiences and bring attention to problems, having them reviewed with attention and fairness, rather than retaliation.

I am asking that you dismiss the complaint (that is being resolved in other, thoughtful, and fair ways). Further, I ask you to look systematically at the ways that a small group of influential people are undermining representation, good process, and the voices of those who have been elected by their constituents to serve.

In Service,
Sarah
Sarah Marschall, MS
Pronouns|she, her, hers
Phone: 775.741.5384
[email protected]
https://www.sarahmarschallstrategy.com/
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From: Tara Manjunath Rous <[email protected]>
Sent: Thursday, September 25, 2025 5:28 PM
To: City Council
Subject: Item 9b code of conduct complaint
To Whom It May Concern,
I am wriƟng this brief note in support of my friend and colleague Melinda Orbach. I have worked with Melinda for over eight years and she is intelligent, caring, fair and most of all reasonable. I have no doubt that in trying to establish clear boundaries she was doing what she felt was safest for her and her family. She does not deserve the scruƟny and backlash she is receiving. She deserves the same level of support that she offers to everyone that she meets- personally and professionally. I trust that through the mediaƟon process each party’s truths will be beƩer understood, and they can move forward in a cooperaƟve manner.

Best,
Tara Rous
Family Nurse PracƟƟoner, SuƩer Health And local community member, Live Oak Sent from my iPhone
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From: Christina Mc Queen <[email protected]>
Sent: Thursday, September 25, 2025 5:59 PM
To: City Council
Subject: Melinda Orbach
Dear Capitola City Council,
I am writing to express strong concern about the Council’s decision to agendize a code of conduct complaint against Councilmember Melinda Orbach.

This action sets a troubling precedent for how the City responds to conflicts between councilmembers and creates unnecessary risk for Capitola.

No matter what his intent was, the actions taken by this individual were perceived by Councilmember Orbach and her family as threatening.

It is important to note that Councilmember Orbach publicly apologized at the June council meeting for naming an individual, and she has consistently sought to de-escalate by offering mediation. In fact, both parties are currently engaging in mediation through the Conflict Resolution Center, which is the most appropriate and constructive path forward. By scheduling this hearing, the Council undermines that process, complicates resolution of the original conflict, and risks subjecting the complainant to further criticism for his actions.

Finally, moving forward with this hearing creates additional liability for both the City and Councilmember Orbach should this situation result in litigation tied to the complainant’s tort claim for defamation. Rather than protecting the City or resolving conflict, this approach exposes Capitola to further division and legal risk.

I strongly urge the Council to dismiss this complaint on September 25.

Capitola deserves leaders who prioritize fairness, safety, and mediation—not those who turn conflict into a public spectacle that undermines trust and accountability.

Respectfully,
Christina McQueen
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2 831.800.5816
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From: Gabriela Trigueiro <[email protected]> Sent: Thursday, September 25, 2025 6:17 PM
To: City Council
Subject: Support for Councilmember Orbach
Dear Capitola City Council,
I am writing in my capacity as Executive Director of Big Brothers Big Sisters of Santa Cruz County to share my support for Councilmember Melinda Orbach.

In my work with youth and families, I see the critical importance of leaders who show up for their communities with compassion and courage. Melinda has consistently been an advocate for the issues that affect the young people and families we serve, and she has stood as a visible ally for our queer and trans youth. That kind of leadership makes a real difference for those who often feel most vulnerable.

I recognize that councils face difficult decisions in times of conflict. My hope is that Melinda’s dedication, her service to Capitola, and her commitment to inclusivity and fairness are fully considered as you move forward.

Sincerely,
Gabriela Trigueiro
Executive Director
Big Brothers Big Sisters of Santa Cruz County
To help protect your priv acy, Microsoft Office
prevented automatic download of this picture from
the Internet.
28999_BBBS_EmailLogo_R1
Gabriela Trigueiro
Executive Director
Big Brothers Big Sisters of Santa Cruz County
She/Her/Ella
740 Front Street #155 | Santa Cruz, CA 95060 | Office: 831.464.8691 We've expanded to serving Santa Cruz, Monterey, and San Benito counties! Through impactful one-to-one relationships, we strive to empower young individuals to reach their full potential, overcome challenges, and build a brighter future. For more information, visit bbbsmontereybay.org. 331
Item 5 D.
1 Gautho, Julia
From: Sarah Woodside <[email protected]>
Sent: Thursday, September 25, 2025 7:02 PM
To: City Council
Subject: Support for Melinda Orbach
Dear Capitola City Council,
I am concerned that the Council has chosen to elevate a complaint rooted in retaliation and intimidation to the level of a public agenda item. To put Councilmember Melinda Orbach on trial for speaking openly about her own experience of harassment is not just absurd—it is a dangerous signal to every woman in this community that her voice can be punished for daring to tell the truth.

Orbach has already acknowledged that naming an individual was a mistake she will not repeat. But the heart of her comments on April 17 was clear: a woman, a mother, and an
elected leader asserting her right to safety and to draw boundaries when faced with threatening
behavior. In a political environment where women are too often silenced, minimizing, or second-guessing their own lived experiences, Councilmember Orbach did what strong women
do—she spoke up. That should never be treated as a transgression.

Rather than inflaming conflict, Councilmember Orbach has sought resolution, offering mediation
through the Conflict Resolution Center multiple times. Her willingness to meet in good faith has
been met not with respect, but with ongoing attacks on her character and attempts to discredit
her leadership. And now, instead of standing with her, this Council risks legitimizing harassment
by entertaining a baseless code of conduct complaint.

I urge this Council to reject this complaint decisively on September 25. Capitola deserves leaders who stand with women when they speak their truth, who value integrity over intimidation, and who protect the right to safety and respect in public life. To discipline Councilmember Orbach for insisting on civility is to reward harassment—and that is something
no city committed to justice and equity should tolerate.

Thank you,
Sarah Woodside Bury
Capitola homeowner and Santa Cruz County resident
Sent from my iPhone
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From: Sonja Brunner for Santa Cruz City Council 2020 <[email protected]> Sent: Thursday, September 25, 2025 7:45 PM
To: City Council
Subject: Support for Councilmember Orbach
9/25/25
Capitola City Council
420 Capitola Ave.

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

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.

Councilmember Orbach needs your support right now.
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2 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 officials 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
——
Sonja Brunner
she/her
1-831-291-5281
[email protected]
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From: John <[email protected]>
Sent: Thursday, September 25, 2025 7:45 PM
To: City Council
Subject: How is Melinda there
It’s a conflict of interest.

Warmly JM
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Item 5 D.
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From: REBECCA GALVAN <[email protected]>
Sent: Thursday, September 25, 2025 8:20 PM
To: City Council
Subject: Melinda Orbach
Dear Capitola City Council,
You MUST dismiss the complaint against Councilmember Orbach. I have read the article and heard from sources what occurred and can only summarize that in the face of intimidation, Councilmember Orbach used the only tool she had to defend herself - her voice. It is documented that she has already apologized for naming this individual and is now in mediation. Having a public hearing about this will undermine that process and demoralize support for this counsel.

We all know the current political climate is tense, divisive, and often hostile. Public servants at every level face constant criticism, intimidation, and personal attacks. Serving on council is already demanding and stressful; to add weaponized complaints on top of that makes it harder for good people — especially women and especially ESPECIALLY women of color — to step up and lead.

Capitola and its counsel should be making public service more sustainable, not more punishing.

This hearing sends the message: that when women speak up, they will be silenced, criticized, or punished.

That is not the lesson we should be modeling as a community.

I urge you to dismiss the complaint tonight, on September 25, and let mediation work.

Respectfully,
Rebecca Galván -local resident of 45 years and hoping for better community and examples shown to her own children.

Sent from my iPhone
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• Outlook
[PDF] Written Comment for 9/25 Council Meeting, Agenda 9C, in support of Active Transportation Plan
From Andrew Hoeksema <[email protected]>
Date Wed 9/2412025 10:53 AM
To City Council <[email protected]>
@ 1 attachment (171 KB)
250925 Capitola City Council Letter of Support for ATP (1 ).pdt Dear City Council,
Please review the attached letter in support of the Capitola Active Transportation Plan, sustaining the council approval from the meeting on August 28.

Respectfully,
Andrew Hoeksema (He/Him)
Vice President - Community Programs
Direct 831.515.1360
877 Cedar St. Suite 240, Santa Cruz, CA 95060
ecoact.org
Ecology I community • Climate Action Solutions
...

E:, Book time to meet with me
D
1 In Support of continuing with the Capitola Active Transportation Plan Re: Council Meeting on September 25, 2025, Agenda Item 9C Dear Capitola City Council,
I write in support of the council’s decision in the August 28 meeting to adopt Resolutions 4449 and 4450, enabling the City to proceed with an Active Transportation Plan by entering into a grant agreement with Caltrans and a professional services agreement with Ecology Action, a local non-profit and the City’s co-applicant and contracted implementer for the project.

Please do not pass on this already awarded grant that the city council voted to approve on August 28. Changing course on this Active Transportation Plan will be saying no to a $450,000 project that is ready to launch and benefit the city greatly for years to come. Walking away now would not only waste a hard-won investment, but also delay the safety, mobility, and community improvements our residents deserve.

The grant was supported by staff, and it will promote the safety and wellbeing of the city’s youngest residents – kids and families walking and biking to school – as well as oldest residents – seniors walking in the village or to errands on Bay or 41st Avenues. Designing for the safety of people walking and biking makes streets safer, calmer, and more predictable for all road users—including drivers, passengers, and transit riders. Planning now for safe and comprehensive active transportation infrastructure will also prepare the city for accommodating future growth in housing and business. Data is clear that in business districts where people feel safe walking and cycling, customers spend more time and more money in those businesses. This Plan will bring lasting benefits to all Capitola residents and businesses. Please continue with your support for it.

Capitola is the only jurisdiction in Santa Cruz County without an Active Transportation Plan. This grant will allow the City to do comprehensive outreach to understand residents’ current challenges with walking, biking and street safety, and make recommendations to City roads, programs, and policies to address them. An Active Transportation Plan is a necessary mechanism to apply for future funding so that the city can maintain and improve infrastructure to address safety issues, and accommodate growth in residential and commercial zones in the next decade.

As a project, an Active Transportation Plan is primarily a data gathering and outreach effort that culminates in a formal set of recommendations and a written plan. It involves extensive communication with and listening to the whole community through focus groups, public workshops, in-person outreach, and online input. As the co-applicant and contracted service provider, Ecology Action brings local expertise in this transportation planning outreach and we have done similar work in partnership with the City of Santa Cruz, County of Santa Cruz, Scotts Valley, Watsonville, and Salinas. Throughout, Ecology Action will work under the advisement of City staff to ensure outreach accomplishes the City’s goals, reaching residents, businesses and the village community.

Ecology Action partnered with City of Capitola staff to work together on the application to Caltrans for this funding beginning in December of 2024 and it was awarded to the City July 1 of this year. As a local non-profit, we see ourselves as partners to local cities and agencies to best accomplish their goals. We tailor each project to best meet the needs of that locale, from co-application through to project completion. This project was co-designed to meet the needs of Capitola in this moment, prioritizing the safety and well-being of children, seniors, and all else who walk and bike in Capitola.

Ecology Action is eager to partner with the City on this important project for the city’s benefit.

Respectfully,
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Item 5 E.
2 Andrew Hoeksema
Vice President Community Programs
Ecology Action
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Item 5 E.

Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on September 11, 2025.

Background: Attached for City Council review and approval are the draft minutes from the regular meeting on September 11th.

Attachments:

1. Regular Meeting 9/11/2025
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
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Item 8 A.

City of Capitola
City Council Meeting Minutes
Thursday, September 11, 2025 – 6:00 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 – 5 PM
i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code § 54956.8) Property: Capitola Wharf Buildings, 1400 Wharf Road (APN: 034-072-01) City Negotiator: Jamie Goldstein, City Manager
Negotiating Parties: JFS Incorporated (dba Capitola Boat and Bait) Under Negotiation: Terms of Lease
ii. CONFERENCE WITH LEGAL COUNSEL—LIABILITY CLAIMS (Gov. Code § 54956.95) Claims Against the City of Capitola
1) Kevin Maguire
Regular Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:00 PM. In attendance: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, and Mayor Clarke.

2. Additions and Deletions to the Agenda – None

3. Presentations
A. The Mayor presented a proclamation to Heidi Boynton, Executive Director, honoring Jacob’s Heart Children’s Cancer Support Services and declaring September 2025 as Childhood Cancer Awareness Month.

B. The Mayor presented a proclamation honoring September as National Preparedness Month to Police Chief Ryan.

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

5. Additional Materials
A. Item 8C – 13 emails received after publication of the agenda packet.

B. Item 9A – 8 emails received and one staff memo was distributed after publication of the agenda packet.

C. Item 9B – 15 emails received after publication of the agenda packet.

6. Oral Communications by Members of the Public
 Speaker
 Speaker
 Jaime Rojas
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City Council Meeting Minutes – September 11, 2025
City of Capitola Page 2
 Speaker
 AJ Denova
 Dan
 Leah Martin
 Courtney
 Brian Lam
 Kalil Raheem
 Yaqub
 Speaker
 Tyler Fox
 Tessa Sanders
 Katie Thompson
 Tara Leonard
 Jimmy V
 Dave Fox

7. Staff / City Council Comments
 City Manager Goldstein announced the City received a response from the Santa Cruz County Regional Transportation Commission (RTC) to the Mayor’s letter requesting information about the rail and trail project in Capitola, both letters are available on the City’s website; there will be an agenda item on the September 25th agenda to discuss Council Member Westman’s request for a special meeting/discussion of ongoing City projects.  Community and Economic Development Director Herlihy announced that staff will be issuing an RFQ for an On-Call Economic Development Specialist and the contract will be presented for Council approval on October 23rd; announced that the CVWBIA, Chamber of Commerce, and Visit Santa Cruz will present at the October 23rd City Council meeting; and provided updates on ongoing staff position recruitments.
 Police Chief Ryan reminded the public that the Capitola Art and Wine Festival is this weekend and shared that the Police Department is partnering with Central Fire District to support the safety of the Festival; provided updates on her attendance at the Women Leaders in Law Enforcement Conference; and introduced Police K-9 Krash.  Council Member Jensen acknowledged the 24th anniversary of the September 11th attacks; provided clarification on the RTC highway exit closures; reminded the public that the Capitola Art and Wine Festival is this weekend; provided comments on his experience as an elected official and reminded the public that he holds monthly community meetings to receive community feedback; provided clarification on his vote on Item 9D at the August 28th City Council Meeting.
 Council Member Orbach provided comments on her attendance at local events; thanked Assistant to the City Manager Woodmansee for researching agenda-setting procedures and requested an agenda item to discuss the City’s agenda-setting process.  Council Member Westman provided comments on her attendance at the September 10th AMBAG meeting; requested an agenda item on September 25th to discuss the Code of Conduct complaint submitted by Kevin Macquire; reminded the public that there will be a discussion of Bay Avenue on the September 25 meeting agenda.  Council Member Morgan reminded the public that the enforcement date of the ordinance banning filtered tobacco products was extended to facilitate cooperation between the City and local business owners; during the next budget discussion, she requested a discussion on a possible web-based application for the City.
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City Council Meeting Minutes – September 11, 2025
City of Capitola Page 3
 Mayor Clarke requested that the City bring back the ATP grant for further discussion at the next City Council meeting.

8. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on August 28, 2025.

B. Liability Claim
Recommended Action: Deny a liability claim from Kevin Maguire. (Pulled for discussion by Council Member Westman)
C. Ordinance Prohibiting the Sale of Cigarettes and Cigars with Filters Recommended Action: Adopt an ordinance amending Capitola Municipal Code Section

5.38.030 to prohibit the sale of partially inconsumable tobacco products. (Ordinance No. 1068) D. Emergency Operations Plan Update
Recommended Action: Adopt a resolution amending the FY 2025-26 Budget to reallocate $45,000 from the Police Department’s Radio Infrastructure Project to fund the update of the City's Emergency Operational Plan (EOP); and authorize the City Manager to execute a professional services agreement, in a form approved by the City Attorney, with Franklin Frawley Think Tank, LLC in an amount not-to-exceed $45,000 to complete the update of the EOP. (Resolution No. 4452)
Council Member Westman pulled Item 8B for discussion.

Motion to approve Items 8A, 8C, and 8D: Council Member Westman Second: Council Member Morgan
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, Mayor Clarke
The Council took a recess at 6:55 PM and reconvened at 7:00 PM.

9. General Government / Public Hearings
A. 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 Code; 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. (Continued from August 28, 2028)
Economic and Community Development Director Herlihy presented the staff report. The City Council requested that Jamas Gwilliam, Merlone Geier Partners, provide comments on their plans for the Capitola Mall site.

Public Comments:
 Speaker
 Rafa
 Janine Roth
 Speaker
The City Council recognized Merlone Geier Partners for their participation at the meeting and discussed the importance of community input when making zoning amendments. 344
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City Council Meeting Minutes – September 11, 2025
City of Capitola Page 4
Motion to adopt Resolution No. 4453 amending the budget in the amount of $68,000 and authorize the City Manager to execute Amendment 1 to the agreement with Ben Noble Planning to pursue Option 1.5, as presented by staff: Council Member Westman Second: Council Member Morgan
Voting Yea: Council Members Jensen, Orbach, Westman, Vice Mayor Morgan, Mayor Clarke
B. Multifamily and Accessory Dwelling Unit Zoning Code Amendments Recommended Action: 1) Adopt a resolution amending the General Plan Land Use Element; 2) Introduce for first reading, by title only, waiving further reading, an ordinance amending Capitola Municipal Code Title 17: Zoning for the Residential Multifamily Zone and the Zoning Map; 3) Introduce for first reading, by title only, waiving further reading, an ordinance amending Capitola Municipal Code Title 17, Chapter 17.74: Accessory Dwelling Units; and 4) Adopt a resolution authorizing submittal of the Zoning Code amendments to the California Coastal Commission for the certification of an amendment to the Local Coastal Program.

Planning Consultant Ben Noble presented the staff report.

Public Comments:
 Jeff Lee
 Phil Copeland
 Rafa
 Mark Drummond
 Speaker
 Lizzie
 Omar Avari
 Andrew Wolf
 Carla Villareal
 Tiffany
 Mary Margulies
 Speaker
 Laura Padudum
 Melody
 Kieran Horn
 Jennifer
The City Council discussed the state’s requirements for housing units and potential amendments to the General Plan Land Use Element.

Motion to adopt Resolution No. 4454; introduce an ordinance amending Title 17 of the Municipal Code; introduce an ordinance amending Chapter 17.74 of the Municipal Code; adopt Resolution No. 4455: Council Member Orbach
Motion amended to include an amendment to the proposed ordinance amending Title 17 of the Municipal Code to include language in Table 17.16-5 in footnote 1 that the Planning Commission may require an increased rear setback to offset a reduced front setback:

Council Member Morgan
Amendment Accepted: Council Member Orbach
Second: Council Member Morgan
Motion amended to request that Council come to agreement on core language to agree upon and hold a final vote until staff has had an opportunity to contact HCD to inquire what outcomes would occur if the Council did not take action: Council Member Jensen 345
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City Council Meeting Minutes – September 11, 2025
City of Capitola Page 5
Amendment Refused: Council Member Orbach
Voting Yea: Council Members Orbach, Westman, Vice Mayor Morgan Voting No: Council Member Jensen, Mayor Clarke
The City Council took a recess at 10:07 PM and reconvened at 10:11 PM.

C. Pickleball Community Engagement Survey
Recommended Action: Receive a report on the community engagement survey for pickleball preferences.

Community Services and Recreation Director Bryant presented the staff report.

Public Comments:
 Andrew Wolf
The City Council agreed to continue the consideration of pickleball to the FY 2026-27 Budget workshop.

D. Measure D Five-Year Plan (2025-2030)
Recommended Action: Conduct a duly noticed public hearing and adopt a resolution adopting the City’s Measure D Five-Year Program of Projects (2025–2030), as required under the Measure D Master Funding Agreement.

Public Works Project Manager Mozumder presented the staff report.

Public Comments: None
The City Council discussed the use of Measure D Funds.

Motion to adopt Resolution No. 4456: Council Member Orbach Second: Council Member Jensen
Motion amended to add language that any expenditure of Measure D funds shall be consistent with Municipal Code Section 8.72: Mayor Clarke Amendment Refused: Council Member Orbach
Substitute Motion to adopt Resolution No. 4456 with added language that any City expenditure of Measure D funds shall be consistent with Municipal Code Section 8.72:

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

8. Consent Items – Pulled for Discussion
B. Liability Claim
Recommended Action: Deny a liability claim from Kevin Maguire. (Pulled for discussion by Council Member Westman)
Motion to continue Item 8B to a future agenda: Council Member Westman Second: Council Member Jensen
Voting Yea: Council Members Jensen, Westman, Vice Mayor Morgan, and Mayor Clarke Voting No: Council Member Orbach
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City Council Meeting Minutes – September 11, 2025
City of Capitola Page 6

10. Adjournment – The meeting adjourned at 10:30 PM. The next regularly scheduled City Council meeting is on September 25, 2025, at 6:00 PM.
____________________________
ATTEST: Joe Clarke, Mayor
____________________________
Julia Gautho, City Clerk
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Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: City Manager Department
Subject: Capitola Municipal Code Title 17 Amendments
Recommended Action: 1) Adopt an ordinance amending Capitola Municipal Code Title 17: Zoning for the Residential Multifamily Zone and the Zoning Map; and 2) adopt an ordinance amending Capitola Municipal Code Title 17, Chapter 17.74: Accessory Dwelling Units.

Background: On August 22, 2024, the City Council adopted amendments to the 2023-2031 Housing Element of the General Plan (Housing Element). The Housing Element establishes goals and policies for housing production in Capitola as required by state law. The Housing Element also contains programs with required City actions and timelines to implement Housing Element policies.

In 2024, the City Council adopted an initial set of Zoning Code Amendments to implement the Housing Element. Topics addressed in these amendments included corner duplexes, lot consolidation incentives, parking standards, housing on religious sites, emergency shelters, office uses in commercial zones, the design review process, and other topics.

As part of Housing Element Program 1.6, the City committed to assessing the maximum densities allowed in the RM zones to determine if higher densities can help facilitate multi-family development in Capitola.

In 2024, the Planning Commission discussed the RM Zone Amendments at three meetings and postponed action until 2025, pending additional public outreach. The City held a community workshop on the RM Zone Amendments on February 24, 2025, and a Planning Commission study session on March 3, 2025.

The 2024 Zoning Code Amendments included changes to Chapter 17.74 (Accessory Dwelling Units) to comply with changes to state ADU law. After adoption, City staff submitted the amended ADU chapter to the California Department of Housing and Community Development (HCD) for review and comment as required by state law. On February 26, 2025, the City received an informal letter from HCD recommending further changes to the ADU chapter. City staff discussed this letter with HCD staff, and on June 4, 2025, submitted a letter to HCD describing the City’s expected revisions to the ADU chapter to respond to HCD comments.

The proposed amendments to Chapter 17.74 are consistent with the amendments described in the City’s June 4, 2025, letter to HCD. City staff believes these amendments are sufficient to address HCD’s February 26, 2025, letter.

On August 21, 2025, the Planning Commission held a public hearing to consider the proposed RM Zone and ADU Amendments, and at this hearing, recommended the Council adopt these Amendments. In their recommendation to the City Council, the Planning Commission included one amendment to include a maximum 10-foot side yard setbacks for the two new RM subzones.

On September 11, 2025, the City Council approved the introduction of the ordinances with a 3-2 vote.

The City Council made one amendment to the multifamily to allow for a decreased front yard setback in exchange for increased side or rear yard setbacks. The updated footnote is as follows:
“[1] The planning commission may approve reduced front and street side setbacks if the reduced setbacks will accommodate development that complies with sidewalk and street tree standards in 17.82.040 (Circulation and Streetscape). If the front or street side setbacks are reduced, the planning commission may also require an equivalent increase in rear and interior side setbacks.

In addition, two minor edits were identified. The title for Table 17.16-2 should no longer include a reference to multi-family, and in Table 17.16-5: Development Standards in the RM Zoning District, the 348
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interior side note for RM-10, RM-15, and RM-20 should be note [4], not note [3]. Note [3] only applies to four-story buildings, which are only allowed in the RM-40 district. These edits have been updated for the second reading and are included in the attachments.

Discussion: Attachment 1 contains the ordinance to adopt the proposed RM Zone Amendments. In furtherance of Program 1.6, the proposed amendments create two new RM subzones to allow for greater residential density: RM-30 (maximum 30 units per acre) and RM-40 (maximum 40 units per acre). The proposed Zoning Map amendments apply the new RM-30 subzone to five areas and the new RM-40 subzone to two areas in Capitola (Attachment 1 Exhibit A), including:
 Area 1 (600 Park Avenue): 30 du/ac
 Area 2 (Rosedale & Hill): 30 du/ac
 Area 3 (Capitola Ave & Hill): 30 du/ac
 Area 4 Clares & 46th): 40 du/ac
 Area 5 (Capitola Cove): 30 du/ac
 Area 6 (Capitola Gardens): 30 du/ac
 Area 7 (Landing at Capitola): 40 du/ac
The above were identified as locations that could realistically accommodate additional multifamily development consistent with and in furtherance of Housing Element Program 1.6. The proposed amendments establish development standards for the new RM subzones, as shown in Attachment 1 Exhibit A. The maximum height in the RM-40 subzone is proposed to be four stories based on HCD input, in order to be able to accommodate 40 units per acre. The proposed amendments also include minor modifications to development standards in the RM-10, RM-15, and RM-20 subzones to accommodate allowed densities.

On September 11, 2025, the City Council adopted Resolution No. 4454, amending the General Plan Land Use Element to state that the maximum permitted residential density in the RM designation is between 10 and 40 dwelling units per acre, depending upon the zoning classification.

Attachment 2 contains the ordinance to adopt the proposed ADU Amendments. The majority of the proposed ADU Amendments are minor in nature, clarify existing requirements, and do not result in substantive changes to existing ADU requirements. To address HCD comments, substantive changes to existing ADU regulations include the following:
 Applies architectural detail standards to historic resources only when located in the coastal zone  Removes requirement for HOA approval
 Increases the maximum number of detached ADUs on a multifamily parcel to eight, consistent with state law.

The Zoning Code is part of Capitola’s Local Coastal Program (LCP), and as such, Zoning Code Amendments must be certified by the Coastal Commission before they become effective in the Coastal Zone. On September 11, 2025, the City Council adopted Resolution No. 4455, authorizing staff to submit the Zoning Code Amendments to the Coastal Commission for certification.

Environmental Determination: The proposed Amendments to the RM zone are exempt from the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Section 21080.85 which exempts rezonings to implement a certified Housing Element from CEQA. The General Plan text amendment merely ensures vertical consistency between the General Plan and the Zoning Code. The RM Zone Amendments were also analyzed and considered as part of the City’s adoption of the Addendum to the General Plan EIR for the City’s Housing Element, such that nothing further is required under CEQA. In addition, the RM Zone Amendments are categorically exempt from CEQA because it can be seen with certainty that there is no possibility that adoption will have a significant effect on the environment. (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3).) The proposed ADU Amendments are exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h), which exempts adoption of ordinances implementing state law regarding accessory dwelling units. Further, the proposed Amendments are categorically 349
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exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of the proposed Amendments will have a significant effect on the environment. (CEQA Guidelines, 14 Cal.

Code of Regs. Section 15061(b)(3)).

Fiscal Impact: There is no fiscal impact associated with the recommended action.

Attachments:

1. Ordinance – Title 17

2. Ordinance – Chapter 17.74
Report Prepared By: Rosie Wyatt, Deputy City Clerk
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF CAPITOLA TO ADOPT AMENDMENTS TO MUNICIPAL CODE TITLE 17 (ZONING) FOR THE RESIDENTIAL MULTIFAMILY (RM)

ZONE AND THE ZONING MAP, AND FINDING THE PROJECT EXEMPT FROM CEQA WHEREAS, California continues to face an unprecedented housing crisis, caused by housing underproduction and population growth;
WHEREAS, in compliance with State law requirements, on August 22, 2024, the City Council adopted amendments to the 2023-2031 Housing Element of the General Plan (“Housing Element”) and Addendum to the General Plan Final Environmental Impact Report;
WHEREAS, on August 30, 2025, the California Department of Housing and Community Development (“HCD”) certified the Housing Element; WHEREAS, the City’s Housing Element is intended to serve the public interest by allowing for flexibility in future housing development, creating additional opportunities to address the housing crisis, and increasing opportunities for affordable housing to be constructed at the benefit of lower-income households;
WHEREAS, in furtherance of these important public interests, Housing Element Program 1.6 states that the City shall review density and other development standards in the Residential Multifamily (RM) zone and revise as appropriate to facilitate multifamily housing development;
WHEREAS, the Planning Commission held work sessions on May 2 and June 6, 2024, to consider Zoning Code amendments affecting the RM zone in furtherance of Housing Element Program 1.6;
WHEREAS, at a noticed public hearing on August 15, 2024, the Planning Commission directed staff to conduct additional public outreach and return to the Planning Commission for continued discussion of the RM zone amendments in 2025; WHEREAS, on February 24, 2025, the City hosted a community workshop to receive public input on the RM zone amendments with a focus on increases to allowed density in locations that could realistically accommodate additional multifamily development consistent with Housing Element Program 1.6; WHEREAS, on March 3, 2025, the Planning Commission received an update on the RM zone amendments and provided input on the most effective and pragmatic approach to the RM zone amendments, including increased allowed density in seven RM areas;
WHEREAS City staff prepared draft amendments to Municipal Code Title 17 and the Zoning Map (together, the “Amendments”) to promote housing in the RM zones and in furtherance of Housing Element Program 1.6;
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WHEREAS, City staff presented the City’s proposed approach to implementing Program 1.6 with respect to the RM Amendments to HCD on July 31, 2025, and HCD staff generally concurred with the City’s approach;
WHEREAS, notice of the Amendments’ availability was mailed and a public review draft made available on August 1, 2025, in compliance with California Coastal Act public participation requirements and applicable state law; WHEREAS, the Amendments and the associated General Plan text amendment (together, the “Project”) are exempt from the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Section 21080.85 which exempts from CEQA rezonings to implement a certified Housing Element.

Further, the Project was analyzed and considered as part of the City’s adoption of the Addendum to the General Plan EIR for the City’s Housing Element, such that nothing further is required under CEQA. There are no substantial changes proposed to the Housing Element, including Program 1.6, that would require major revisions of the previous EIR or its Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project merely implements Housing Element Program 1.6, which was studied and evaluated in the General Plan EIR Addendum. There are no substantial changes with respect to the circumstances under which implementation of the Housing Element will be undertaken which will require major revisions of the previous environmental document due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Addendum was adopted.

Lastly, the Project is categorically exempt from CEQA because it can be seen with certainty that there is no possibility that the Project will have a significant effect on the environment. (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3)). The Project merely implements the Housing Element and proposes no development, and implementing projects would be subject to environmental review; and WHEREAS, at a duly noticed public hearing on August 21, 2025 the Planning Commission recommended the City Council adopt the Zoning Code Amendments and associated conforming General Plan text Amendment, with one recommended revision, to include an upper limit (10 feet) to the minimum required side yard setbacks for the two new RM subzones.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Capitola as follows:

Section 1: The above findings are adopted and incorporated herein.

Section 2: Pursuant to Capitola Municipal Code Section 17.144.050 and 17.144.060 and based on substantial evidence in the record:
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a) The proposed Amendments are consistent with the General Plan, including the Housing Element and Land Use Element and any applicable specific plan as provided by Government Code Section 65860, subject to adoption of the associated General Plan text amendment.
b) The proposed Amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
c) The affected sites reflected on the Zoning Map are physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the affected sites, surrounding properties, and the community at large
c) The proposed Amendments are internally consistent with other applicable provisions of the Zoning Code.

Section 3: Title 17 (Zoning) of the Capitola Municipal Code is amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

Section 4: The official Zoning Map of the City of Capitola is amended as set forth in Exhibit B, attached hereto and incorporated herein by this reference.

Section 5: Environmental Review.

The City Council finds and determines that the Amendments and the associated General Plan text amendment (together, the “Project”) are exempt from the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Section 21080.85 which exempts from CEQA rezonings to implement a certified Housing Element.

The Project merely implements Housing Element Program 1.6, which was studied and evaluated in the General Plan EIR Addendum. There are no substantial changes with respect to the circumstances under which implementation of the Housing Element will be undertaken which will require major revisions of the previous environmental document due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is no new information of substantial importance, which was not known and could not have 353
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been known with the exercise of reasonable diligence at the time the previous Addendum was adopted.

Section 6: Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption, subject to approval of the associated General Plan text amendment, except that it will not take effect within the coastal zone until certified by the California Coastal Commission. This Ordinance shall be transmitted to the California Coastal Commission and shall take effect in the coastal zone immediately upon certification by the California Coastal Commission or upon the concurrence of the Commission with a determination by the Executive Director that the Ordinance adopted by the City is legally adequate.

Section 7: Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 8: Certification.

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

This Ordinance was introduced at the meeting of the City Council on the 11th day of September, 2025, and was adopted at a regular meeting of the City Council on the 25th day of September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joe Clarke, Mayor
Attest:

Julia Gautho, City Clerk
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Chapter 17.12

ZONING DISTRICTS AND MAP
Sections:

17.12.010 Purpose.

17.12.020 Zoning districts.

17.12.030 Zoning map.

17.12.010 Purpose.

This chapter identifies the zoning districts that apply to land within the Capitola city limits and establishes the official Capitola zoning map.

17.12.020 Zoning districts.

A. Base Zoning Districts. Capitola is divided into zoning districts that implement the general plan land use map as shown in Table 17.12-1. Within the coastal zone, the general plan land use map is the certified coastal land use plan map.

Table 17.12-1: Base Zoning Districts
Zoning District
Symbol Name of Zoning District General Plan Land Use Designation Residential Zoning Districts
R-1 Residential Single-Family Single-Family Residential (R-SF) RM-10L Residential Multifamily, 10 du/ac Low Density
Multifamily Residential (R-MF)
RM-15M Residential Multifamily, 15 du/acMedium Density
RM-20H Residential Multifamily, 20 du/acHigh Density
RM-30 Residential Multifamily, 30 du/ac
RM-40 Residential Multifamily, 40 du/ac
MH Mobile Home Park Mobile Home Park (MH)
Mixed Use Zoning Districts
MU-V Mixed Use, Village Village Mixed-Use (MU-V)
MU-N Mixed Use, Neighborhood Neighborhood Mixed-Use (MU-N) Commercial and Industrial Zoning Districts
C-C Commercial, Community Community Commercial (C-C)
C-R Commercial, Regional Regional Commercial (C-R)
I Industrial Industrial (I)
Other Zoning Districts
CF Community Facility Public/Quasi-Public Facility (P/QP) P/OS Parks and Open Space Parks and Open Space (P/OS)
PD Planned Development N/A
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B. Overlay Zones. The zoning code and zoning map include the overlay zones shown in Table 17.12-2. Overlay zones impose additional regulations on properties beyond what is required by the underlying base zoning district.

Table 17.12-2: Overlay Zones
Overlay Zone
Symbol Name of Overlay Zone
-VRU Vacation Rental Use
-VR Village Residential
-VS Visitor Serving
-CZ Coastal Zone

17.12.030 Zoning map.

A. Adoption. The city council hereby adopts the Capitola zoning map (“zoning map”), which establishes the boundaries of all base zoning districts and overlay zones provided for in the zoning map.

B. Incorporation by Reference. The zoning map, including all legends, symbols, notations, references, and other information shown on the map, is incorporated by reference and made a part of the zoning code.

C. Location. The zoning map is kept, maintained, and updated electronically by the community development department, and is available for viewing by the public at the department. 356
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Chapter 17.16

RESIDENTIAL ZONING DISTRICTS
Sections:

17.16.010 Purpose of the residential zoning districts.

17.16.020 Land use regulations.

17.16.030 Development standards.

17.16.010 Purpose of the residential zoning districts.

A. General. The purpose of the residential zoning districts is to support attractive, safe, and friendly neighborhoods consistent with Capitola’s intimate small-town feel and coastal village charm. Development within the residential zoning districts will feature high-quality design that enhances the visual character of the community. The mass, scale, and design of new homes shall be compatible with existing homes in neighborhoods and carefully designed to minimize impacts to existing homes. Residential zoning districts contain a range of housing types and community facilities to support diverse and complete neighborhoods with a high quality of life for residents.

B. Specific.

1. Residential Single-Family (R-1) Zoning District. The purpose of the R-1 zoning district is to protect and enhance the unique qualities of individual neighborhoods in Capitola. The R-1 zoning district allows for variation in development standards based on the existing development patterns within these neighborhoods.

New development will respect the existing scale, density, and character of neighborhoods to strengthen Capitola’s unique sense of place.

2. Residential Multifamily (RM) Zoning District. The purpose of the RM zoning district is to accommodate a range of housing types to serve all Capitola residents. The RM zoning district allows single-family and multifamily housing at higher densities to maintain and increase the supply of affordable housing choices.

Housing in the RM zoning district will be carefully designed to enhance Capitola’s unique identity and to minimize impacts on adjacent land uses and structures. The RM zone is divided into three five subzones (RML, RM-M, and RM-H) allowing for a range of permitted residential densities.

3. Mobile Home Park (MH) Zoning District. The MH zone provides areas for exclusive development of mobile home parks. Mobile home parks provide a valuable source of affordable housing serving Capitola’s lowerincome and senior residents.

17.16.020 Land use regulations.

A. Permitted Land Uses. Table 17.16-1 identifies land uses permitted in the residential zoning districts.

Table 17.16-1: Permitted Land Uses in the Residential Zoning Districts Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses [5]
Cohousing P P P
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Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Duplex Homes P [4] P –
Elderly and Long-Term Care – C –
Group Housing – P –
Mobile Home Parks – C P [1] Chapter 17.100
Multifamily Dwellings – P –
Residential Care Facilities, Small P P C [2]
Residential Care Facilities, Large C P C [2] Section 17.96.080 Accessory Dwelling Units A A – Chapter 17.74
Single-Family Dwellings P P C [2]
Public and Quasi-Public Uses
Community Assembly C C C
Day Care Centers C C C
Home Day Care P P P
Parks and Recreational Facilities – C C
Public Pathways and Coastal Accessways C C C
Schools, Public or Private – C C
Commercial Uses
Bed and Breakfast C C –
Vacation Rentals See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C C
Utilities, Minor P P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures P [3] P [3] P [3] Chapter 17.52 Home Occupation P P P Section 17.96.040
Temporary Uses and Structures M M – Section 17.96.180
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Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Urban Agriculture
Home Gardens P P P
Community Gardens M M M
Notes:
[1] May include offices incidental and necessary to conduct a mobile home park use. [2] Permitted on the mobile home park parcel or on a separate parcel of no less than five thousand square feet. [3] An accessory structure that exceeds the development standards of Chapter 17.52 requires a conditional use permit. [4] Allowed on corner parcels only.
[5] See Section 17.96.210 (Demolition and replacement of dwelling units) for requirements that apply to new residential uses on sites identified as nonvacant in the general plan housing element inventory of land suitable for residential development.

B. Additional Permits. In addition to permits identified in Table 17.16-1, development projects in the residential zoning districts may also require a design permit pursuant to Chapter 17.120 (Design Permits). Modifications to a historic resource may require a historic alteration permit pursuant to Chapter 17.84 (Historic Preservation).

Development in the coastal zone may require a coastal development permit pursuant to Chapter 17.44 (Coastal Overlay Zone) independent of and in addition to any other required permit or approval.

17.16.030 Development standards.

A. General Standards – Single-Family and Multifamily Zoning Districts.

1. General Standards. Table 17.16-2 identifies development standards that apply in the R-1 and RM zoning districts.

Table 17.16-2: Development Standards in the R-1 and RM Zoning Districts R-1 RM Additional Standards
Site Requirements
Parcel Area, Minimum [1] 5,000 sq. ft. N/A
Parcel Width, Minimum [1] 30 ft. N/A
Parcel Depth, Minimum [1] 80 ft. N/A
Floor Area Ratio, Maximum See Section

17.16.030(BA)(1)
N/A Section 17.16.030(AB)
Section 17.48.040
Building Coverage, Maximum N/A 40%
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R-1 RM Additional Standards
Open Space N/A Section 17.16.030(C)(2)
Parcel Area per Unit, Minimum N/A RM-L: 4,400 sq. ft.

RM-M: 2,900 sq. ft.

RM-H: 2,200 sq. ft.

Parking and Loading See Chapter 17.76
Structure Requirements
Setbacks, Minimum Sections 17.48.030(B)(2) through
(5)
Front Ground floor: 15 ft.

Garage: 20 ft.

Second story: 20 ft.

Main structure: 15 ft.

Garage: 20 ft.

Section 17.16.030(AB)(32)
Section 17.16.030(AB)(45)
Rear 20% of parcel depth; 25 ft.
max.
15% of parcel depth Section 17.16.030(AB)(54)
Interior Side Ground floor: 10% of parcel
width [2]
Second story: 15% of parcel
width
10% of parcel width [2] Sections 17.16.030(AB)(54) and
(AB)(65)
Street Side, Corner Lots 10 ft. 10 ft. Section 17.16.030(AB)(54) Height, Maximum 25 ft. RM-L: 30 ft.

RM-M: 30 ft.

RM-H: 35 ft.

Sections 17.16.030(AB)(76)
Section 17.48.020
Accessory Structures and Detached
Garages
See Chapter 17.52 [3]
Notes:
[1] Parcel area, width, and depth requirements apply only to the creation of new parcels. These requirements do not apply to legally created parcels existing as of June 9, 2021. See Title 16 (Subdivisions) for requirements that apply to lot line adjustments to existing parcels that do not comply with the parcel area, width, and depth requirements in this table. [2] Regardless of parcel width, in no case shall the minimum required interior side ground setback be less than three feet or greater than seven feet.
[3] Chapter 17.52 does not apply to accessory dwelling units, including two-story accessory dwelling units above a detached garage, which are addressed in Chapter 17.74 (Accessory Dwelling Units).

B. Additional Standards in the R-1 Zoning District. The following additional standards apply in the R-1 zoning district:

21. Floor Area Ratio. Table 17.16-3 identifies the maximum permitted floor area ratio (FAR) in the R-1 zoning district. See Section 17.48.040(B) for floor area calculations.

Table 17.16-3: Maximum Floor Area Ratio in the R-1 Zoning District Lot Size Maximum FAR
2,650 sq. ft. or less 0.58
2,651 to 3,250 sq. ft. 0.57
3,251 to 3,500 sq. ft. 0.56
3,501 to 3,750 sq. ft. 0.55
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Lot Size Maximum FAR
3,751 to 4,000 sq. ft. 0.54
4,001 to 4,250 sq. ft. 0.53
4,251 to 4,500 sq. ft. 0.52
4,501 to 4,750 sq. ft. 0.51
4,751 to 5,000 sq. ft. 0.50
5,001 to 6,000 sq. ft. 0.49
More than 6,000 sq. ft. 0.48

32. Front Setbacks in Riverview Terrace. Within the areas shown in Figure 17.16-1, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. The reduced front setback shall in all cases be no less than ten feet. 361
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Figure 17.16-1: Riverview Terrace

43. Wharf Road Reduced Setback. For properties on the east side of Wharf Road from 1820 Wharf Road to 1930 Wharf Road, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. 362
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4915-0616-3032 v1

54. Corner Lots.
a. The minimum rear setback for reverse corner lots shall be the minimum interior side yard of the adjacent property, but no less than four feet. See Figure 17.16-2. b. On a corner lot, the front line of the lot is ordinarily construed as the least dimension of the parcel facing the street. The community development director has the discretion to determine the location of the front yard based on existing conditions and functions.

Figure 17.16-2: Reverse Corner Lot Rear Setback

65. Second-Story Setback Exceptions. Second-story additions must comply with increased setback requirements in Table 17.16-2, except in the following cases:
a. For lots thirty feet wide or less, the minimum interior side setback for a second story is the same as the ground floor.
b. Up to twenty percent of the length of an upper-story wall may be constructed at the same setback as the first-floor wall if the first-floor wall is at least four feet from the side property line. See Figure 17.16-3.

Figure 17.16-3: Second-Story Setback Exception

76. Height Exceptions. A maximum height of up to twenty-seven feet in the R-1 zoning district is allowed in the following circumstances:
a. Additions to historic structures that are designed to match the roof pitch of the historic structure within the area of new addition.
b. Parcels greater than six thousand square feet in size. 363
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c. Parcels with a width sixty feet or more.
d. Parcels with an average slope of twenty-five percent or greater. e. When the plate height of structure does not exceed twenty-two feet.

87. Landscaping. See Section 17.72.050(A) for residential landscape requirements.

98. Mini-Bar/Convenience Areas.
a. A single-family home may contain one mini-bar/convenience area in addition to a kitchen, subject to the following standards:
i. Fixtures shall be limited to a small refrigerator, a microwave oven, and a small sink with a drain size less than one and one-half inches.
ii. No gas line or two-hundred-twenty-volt electric service is permitted within the area. iii. Only one such area is permitted within a property in addition to the kitchen. iv. The mini-bar/convenience area may be located inside or outside of the home. If located inside the home, internal access to the area shall be maintained within the dwelling. A mini-bar/convenience area is permitted in addition to an outdoor kitchen.
b. The requirements in subsection (B)(8)(a) of this section shall not limit the establishment of an accessory dwelling unit in conformance with Chapter 17.74 of this code (Accessory Dwelling Units). 109. Outdoor Kitchens. On a lot occupied by a single-family home, an outdoor kitchen is permitted in addition to an indoor kitchen. Outdoor kitchens shall comply with the following standards:
a. The kitchen may include gas, electric and plumbing.
b. Electric service may not be two hundred twenty volts. c. Drain size may not exceed that allowed for a mini-bar. d. The kitchen may project into the rear setback area as provided in Table 17.48-3. 110. Second-Story Decks and Balconies.
a. Cumulative upper floor deck area in excess of one hundred fifty square feet is included in the floor area ratio calculation.
b. A second-story deck or balcony may not face an interior side parcel line abutting a lot with a singlefamily dwelling. c. A second-story deck or balcony must comply with the minimum parcel line setback requirements in Table 17.16-4 and as shown in Figure 17.16-3a:

Table 17.16-4: Second Story Deck and Balcony Setbacks
Parcel Line Minimum Setback
Front 15 ft.

Interior Side
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Deck area located within
25 ft. of front property
line
15% of parcel width
All other decks 10 ft.

Street Side 10 ft.

Rear 25% of parcel depth
Figure 17.16-3a: R-1 Second-Story Decks and Balconies
d. To address neighbor privacy impacts, the planning commission may require permanent privacy screening (e.g., opaque glass, solid materials, vegetation) for an upper floor deck or balcony. e. A second-story deck or balcony facing the rear of the parcel may not project further than ten feet from the exterior upper-story building wall to which it is attached. For a second story deck or balcony, including staggered or non-linear building walls, the maximum ten-foot projection is measured from the upper floor rear exterior wall.
f. The area of a second-story deck shall not exceed the habitable second-story floor area of the building to which it is attached. For example, if the second story of a home contains two hundred fifty square feet of habitable space, the second story deck area may not exceed two hundred fifty square feet. The second story deck must also comply with all applicable setback and dimensional standards. g. Roof decks are prohibited in the R-1 zoning district. h. The elevation of a freestanding deck or platform not attached to a building may not exceed thirty-five inches above the adjoining grade.
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BC. Additional Standards for RM Zoning Districts.

1. General Standards. Table 17.16-5 identifies The following additional standards that The following additional standards apply in the RM zoning districts:.

Table 17.16-5: Development Standards in the RM Zoning Districts RM-10 RM-15 RM-20 RM-30 RM-40 Additional Standards
Site Requirements
Building Coverage,
Maximum 40% 40% 45% 50% 60%
Open Space Section 17.16.030(B)(3)
Units per Acre, Maximum 10 du/ac 15 du/ac 20 du/ac 30 du/ac 40 du/ac Parking and Loading See Chapter 17.76
Structure Requirements
Setbacks, Minimum Sections 17.48.030
Front 15 ft. 15 ft. 15 ft. 15 ft. [1] 15 ft. [1]
Rear 10 ft. [2] 10 ft. [2] 10 ft. [2] 10 ft. [2] 10 ft. [2] [3] Interior Side 10% of parcel
width [4]
10% of parcel
width [4]
10% of parcel
width [4]
10% of parcel
width [4]
10% of parcel
width [3] [4]
Street Side, Corner
Lots
10 ft. 10 ft. 10 ft. 10 ft. [1] 10 ft. [1]
Height, Maximum Section 17.48.020
Stories 3 3 3 3 4 [3]
Top Plate 30 ft. 30 ft. 30 ft. 30 ft. 40 ft.

Additional for pitched
roof [5]
6 ft. 6 ft. 6 ft. 6 ft. 6 ft.

Accessory Structures
and Detached Garages See Chapter 17.52 [6]
Notes:
[1] The planning commission may approve reduced front and street side setbacks if the reduced setbacks will accommodate development that complies with sidewalk and street tree standards in 17.82.040 (Circulation and Streetscape). If the front or street side setbacks are reduced, the planning commission may also require an equivalent increase in rear and interior side setbacks. [2] 15 ft. if abutting a R-1 zone.
[3] Fourth story must be setback a minimum of 25 feet from a side or rear property line abutting a residential parcel. [4] Regardless of parcel width, in no case shall the minimum required interior side ground-floor setback be less than three feet or greater than ten feet.
[5] Additional height permitted only for roof elements with a minimum 5:12 pitch. Exterior doors above the maximum top plate height, as well as decks above the maximum top plate height, are prohibited. [6] Chapter 17.52 does not apply to accessory dwelling units, including two-story accessory dwelling units above a detached garage, which are addressed in Chapter 17.74 (Accessory Dwelling Units).

12. Single-Family Dwellings. Single-family dwellings in RM zoning districts shall comply with the development standards that apply in the R-1 zoning district.

23. Open Space. Common and private open space in the RM zoning district shall be provided as shown in Table 17.16-65 and Figure 17.16-4.
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Table 17.16-65: Usable Open Space in RM Zoning District Common Open Space [1]
Minimum area (percent of site
area)
15% [2] [3]
Minimum horizontal dimension 15 ft.

Private Open Space [4]
Minimum percentage of units
with private open space
50%
Minimum area (for individual
unit)
48 sq. ft.

Minimum horizontal dimension 4 ft.

Notes:
[1] Common open space shall be fully landscaped and accessible to all residents. [2] See subsection (BC)(4) of this section for requirements that apply to rooftop decks used as common open space. [3] The planning commission may allow reduced common open space to a minimum of ten percent for projects less than one acre in size or for projects that provide additional private open space equal to or greater than the amount of reduced common open space. [4] Private open space may include screened terraces, decks, balconies, and other similar areas. 367
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Figure 17.16-4: Private Open Space

43. Landscaping. See Section 17.72.050(A) for residential landscape requirements.

54. Objective Standards for Multifamily Dwellings. New multifamily dwellings in the RM zoning district must comply with Chapter 17.82 of this code (Objective Standards for Multifamily and Mixed-Use Residential Development).

65. Upper-Level Decks and Balconies.
a. For parcels that are within or abut the R-1 zoning district, second-story decks and balconies must comply with the standards in subsection (AB)(110) of this section (Second-Story Decks and Balconies) and Section 17.82.080(B)(5) of this code (Neighbor Privacy). b. Roof decks must comply with the following standards:
i. Roof decks are not permitted on parcels that abut the R-1 zoning district. ii. Roof decks require a design permit.
iii. Roof decks may provide up to fifty percent of the minimum required common open space specified in subsection (BC)(2) of this section.
iv. Where permitted, a roof deck must be set back at least five feet from the building wall closest to the property line.
v. Railings to accommodate a roof deck may project forty-two inches above the maximum building height in cases where the roof deck provides open space for residents. 368
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vi. Other than as needed to provide for roof access, no permanent structure that has a solid roof and/or is enclosed on two or more sides may be placed on or attached to a roof deck. Fully transparent glass wind barriers are allowed.
vii. Roof decks may not be placed on building features that project above the maximum building height permitted in the zoning district.

D. Standards for the MH Zoning District. Table 17.16-76 identifies development standards that apply in the mobile home park (MH) zoning district.

Table 17.16-76: MH Zoning District Development Standards Additional
Standards
Site Area [1] 5 acres [2]
Residential Density,
Maximum
20 units per acre
Setbacks [3] 17.48.030
Front 15 ft.

Interior
Side
10 ft.

Exterior
Side
10 ft.

Rear 20 ft.

Notes:
[1] Applies to overall mobile home park area, not sites for individual units. [2] For vacant property rezoned to MH, the minimum lot area is five acres. For existing mobile home parks, the minimum parcel size is five acres or the existing parcel size, whichever is less.
[3] Applies only to the perimeter of the mobile home park, not to sites and structures within the interior of the park. 369
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Proposed Zoning Map Amendments
Area Existing Zoning Proposed Zoning1 RM-L (10 du/ac) RM-30 (30 du/ac)2 RM-M (20 du/ac) RM-30 (30 du/ac)3 RM-M (20 du/ac) RM-30 (30 du/ac)4 RM-M (20 du/ac) RM-40 (40 du/ac) Area Existing Zoning Proposed Zoning5 RM-M (20 du/ac) RM-30 (30 du/ac)6 RM-L (10 du/ac) RM-30 (30 du/ac)7 RM-L (10 du/ac) RM-40 (40 du/ac) 370
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Area 1: 600 Park Avenue
Site Area 6.8 acresExisting Units 80Built Density 12 du/acExisting Zoning RM-LAllowed Density 10 du/ac RM-30 Proposed New Zoning30 du/ac Proposed New Density
2 371
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Rosedale Apartments
Area 2: Rosedale & Hill
Site Area 2.9 acresExisting Units 62Built Density 21 du/acExisting Zoning RM-MAllowed Density 15 du/ac RM-30 Proposed New Zoning30 du/ac Proposed New Density
3 372
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Area 3: Capitola Ave & Hill
Capitola Hill Apartments
Capitola TerraceApartments
Site Area 4.3 acresExisting Units 72Built Density 17 du/acExisting Zoning RM-MAllowed Density 15 du/ac RM-30 Proposed New Zoning30 du/ac Proposed New Density
4 373
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Area 4: Clares & 46th
Site Area 2.75 acresExisting Units 52Built Density 19 du/acExisting Zoning RM-MAllowed Density 15 du/ac RM-40 Proposed New Zoning40 du/ac Proposed New Density
5 374
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Area 5: Capitola Cove
Site Area 2 acresExisting Units 35Built Density 18 du/acExisting Zoning RM-MAllowed Density 15 du/ac RM-30 Proposed New Zoning30 du/ac Proposed New Density
6 375
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Area 6: Capitola Gardens
Site Area 6.6 acresExisting Units 80Built Density 12 du/acExisting Zoning RM-LAllowed Density 10 du/ac 30 du/ac Proposed New Density
7 376
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Area 7: Landing at Capitola
Site Area 2.8 acresExisting Units 50Built Density 18 du/acExisting Zoning RM-LAllowed Density 10 du/ac RM-40 Proposed New Zoning40 du/ac Proposed New Density
8 377
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4936-9054-2949 v1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF CAPITOLA TO ADOPT AMENDMENTS TO MUNICIPAL CODE TITLE 17, CHAPTER 17.74 (ACCESSORY DWELLING UNITS),

AND FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT FROM CEQA WHEREAS, on November 14, 2024, City of Capitola Ordinance No. 1066 went into effect, amending, among other sections, Municipal Code Chapter 17.74 (Accessory Dwelling Units) (the “ADU Ordinance”);
WHEREAS, on December 19, 2024, the City submitted Ordinance No. 1066 to HCD for review and comment on the ADU Ordinance;
WHEREAS, the City received a letter from HCD dated February 26, 2025, providing an informal “fly over” review of the ADU Ordinance, with suggested revisions; WHEREAS, after discussions with HCD staff, City staff submitted a letter to HCD dated June 4, 2025, documenting revisions to the ADU Ordinance that reflect revisions, as agreed upon by City and HCD staff, to be sufficient to address comments in the February 26, 2025, HCD letter;
WHEREAS City staff prepared draft amendments (“Amendments”) to the ADU Ordinance to implement the revisions agreed upon by City and HCD staff; WHEREAS, notice of the Amendments’ availability was mailed and public review drafts were made available on August 1, 2025, in compliance with California Coastal Act public participation requirements and applicable state law; WHEREAS, the Amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h), which exempts adoption of ordinances implementing state law regarding accessory dwelling units. Further, the proposed Amendments are categorically exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of the proposed Amendments will have a significant effect on the environment. (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3)); and WHEREAS, at a duly noticed public hearing on August 21, 2025, the Planning Commission recommended the City Council adopt the Zoning Code Amendments.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Capitola as follows:

Section 1: The above findings are adopted and incorporated herein.

Section 2: Pursuant to Capitola Municipal Code Section 17.144.050 and 17.144.060 and based on substantial evidence in the record:
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a) The proposed Amendments are consistent with the General Plan, including the Housing Element and Land Use Element and any applicable specific plan as provided by Government Code Section 65860.
b) The proposed Amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
c) The proposed Amendments are internally consistent with other applicable provisions of the Zoning Code.

Section 3: Title 17, Chapter 17.74 (Accessory Dwelling Units) of the Capitola Municipal Code is amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

Section 4: Environmental Review.

The City Council finds and determines that the Amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h), which exempts adoption of ordinances implementing state law regarding accessory dwelling units. Further, the proposed Amendments are categorically exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of the proposed Amendments will have a significant effect on the environment. (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3));
Section 5: Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption except that it will not take effect within the coastal zone until certified by the California Coastal Commission. This Ordinance shall be transmitted to the California Coastal Commission and shall take effect in the coastal zone immediately upon certification by the California Coastal Commission or upon the concurrence of the Commission with a determination by the Executive Director that the Ordinance adopted by the City is legally adequate.

Section 6: Severability.

Section 7: Certification.
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The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

AYES:

NOES:

ABSENT:

ABSTAIN:

Joe Clarke, Mayor
Attest:

Julia Gautho, City Clerk
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Chapter 17.74

ACCESSORY DWELLING UNITS
Sections:

17.74.010 Purpose.

17.74.020 Definitions.

17.74.030 Permitting process.

17.74.040 General requirements.

17.74.050 Units subject to limited standards.

17.74.060 Units subject to full review standards.

17.74.070 Units requiring a design permit.

17.74.080 Development standards.

17.74.090 Objective design standards.

17.74.100 Deviation from standards.

17.74.110 Findings.

17.74.120 Deed restrictions.

17.74.130 Incentives.

17.74.010 Purpose.

A. This chapter establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 66310 through 66342. These standards are intended to allow accessory dwelling units as a form of affordable housing in Capitola while maintaining the character and quality of life of residential neighborhoods.

B. It is the city’s intent for this chapter to be consistent with state law as it is amended from time to time. In case of conflict between this chapter and state law, state law governs unless local variation is permitted. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.020 Definitions.

Terms used in this chapter are defined as follows. If a definition below conflicts with a definition in Chapter 17.160 (Glossary), the definition below controls.:

A. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Codea self-contained living unit located on the same parcel as a primary dwelling unit.

B. “Attached accessory dwelling unit” means an accessory dwelling unit that:

1. Shares at least one common wall with the primary dwelling unit; and

2. Is not fully contained within the existing space of the primary dwelling unit.

C. “Detached accessory dwelling unit” means an accessory dwelling unit that does not share a common wall with the primary dwelling unit and is not an internal accessory dwelling unit.

D. “Internal accessory dwelling unit” means an accessory dwelling unit that is fully contained within the existing space of the primary dwelling unit or an accessory structure.

E. “Junior accessory dwelling unit” means an accessory dwelling unit no more than five hundred square feet in size and contained entirely within a single-family residence. For purposes of this definition, attached garages and other enclosed uses within the residence are considered a part of a single-family residence. 381
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F. “Multifamily dwelling” means a structure on a single lot with two or more attached dwelling units.

F. “Two-story attached accessory dwelling unit” means an attached accessory dwelling unit that is configured as either:

1. Two stories of living space attached to an existing primary dwelling unit; or

2. Second-story living space above a ground-floor garage or living space in an existing primary dwelling unit.

G. “Two-story detached accessory dwelling unit” means a detached accessory dwelling unit that is configured as either:

1. Two stories of living space in a single accessory dwelling unit; or

2. Second-story living space above a ground-floor garage or other accessory structure. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.030 Permitting process.

A. When Consistent with Standards.

1. Except when a design permit is specifically required by this chapter, an accessory dwelling unit that complies with all standards in this chapter shall be approved ministerially with an administrative permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative permit application.

2. If an existing single-family or multifamily dwelling exists on the parcel upon which an accessory dwelling unit is proposed, the city shall either approve or deny an application to create an accessory dwelling unit within sixty days from the date the city receives a completed application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay.

3. If the city denies an application for an accessory dwelling unit, the city shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4. If the accessory dwelling unit application is submitted with a permit application to create a new single-family or multifamily dwelling on the parcel, the city may delay approving or denying the accessory dwelling unit application until the city approves or denies the permit application for the new single-family or multifamily dwelling. The accessory dwelling unit shall be considered without discretionary review or hearing.

5. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

B. Two-Story Units.

1. Planning commission approval of a design permit is required for a two-story accessory dwelling unit (attached or detached) with a height greater than the maximum permitted one-story accessory dwelling unit heights in Table

17.74-1.

2. To approve the design permit, the planning commission must make the findings in Section 17.74.110. A two-story accessory dwelling unit must comply with the standards in Sections 17.74.080 (Development standards) and

17.74.090 (Objective design standards) unless the planning commission allows a deviation through the design permit process.

C. When Deviating from Standards. An accessory unit that deviates from any standard in Section 17.74.080 (Development standards) or 17.74.090 (Objective design standards) may be allowed with planning commission approval of a design permit. See Section 17.74.100 (Deviation from standards). 382
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D. When Dependent on Separate Construction. When a proposed attached or detached accessory dwelling unit is dependent on the construction of a new building or new portion of a building which is not a part of the accessory dwelling unit (“separate construction”) and is not proposed as part of a permit application to create a new singlefamily dwelling on the parcel, the city shall either:

1. Accept and begin processing the accessory dwelling unit application only after acting on an application for the proposed separate construction; or

2. Upon written request from the applicant, review and act on the accessory dwelling unit together with the separate construction as part of a single application. In this case, the accessory dwelling unit is subject to the same review procedures as the separate construction.

E. Within Coastal Zone.

1. A proposed accessory dwelling unit that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).

2. The City may issue a CDP waiver pursuant to Section 17.44.090 (De minimis waiver of a CDP) for a proposed accessory dwelling unit in the coastal zone. The City may issue a CDP waiver for an accessory dwelling unit both within and outside of locations where City decisions are appealable to the Coastal Commission. To be eligible for a CDP waiver, the proposed accessory dwelling unit must comply with all of the following:
a. The accessory dwelling unit complies with all standards in this chapter and may be approved with no public hearing required. b. The accessory dwelling is not located:
i. In an area subject to coastal hazards as defined by Section 17.44.040(F); ii. Within 200 feet of a cliff edge; or
iii In an environmentally sensitive habitat area (ESHA) as defined by Section 17.44.040(J), including categorical ESHA areas identified in Section 17.64.020 (Applicability). c. The accessory dwelling unit would not negatively impact coastal resources, public access, or views consistent with the City’s certified Local Coastal Program.

3. A CDP waiver for an accessory dwelling unit shall comply with all requirements in Section 17.44.090 that apply to other types of development with the exception that the City may issue a CDP waiver for an accessory dwelling unit both within and outside of locations where City decisions are appealable to the Coastal Commission.

4. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that:
a. A public hearing for a CDP application for an accessory dwelling unit is not required as provided in Section 17.74.030(A)(1); and
b. The City may issue a CDP waiver for an accessory dwelling unit as provided in Section

17.74.030(E)(2)
F. Historic Resources.

1. If Aa proposed accessory dwelling unit is subject to the requirements in Chapter 17.84 (Historic Preservation) if all of the following apply:
a. The property is in the coastal zone;
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b. The accessory dwelling unit requires a design permit; is required for an accessory dwelling unitand c. The on a property with contains a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources)historic resource, the proposed project is subject to the requirements in Chapter 17.84 (Historic Preservation). Third-party review of the proposed project may be required as provided in Chapter 17.84.

2. 2. Compliance with Chapter 17.84 is not required for accessory dwelling units approved ministerially with an administrative permitapplications that do not meet all criteria in Paragraph 1 above.

G. Correction of Violations. The city shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

H. Unpermitted Accessory Dwelling Units.

1. Except as provided in subsection (H)(2) of this section, the city shall not deny a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 202018, due to either of the following:
a. The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
b. The accessory dwelling unit or junior accessory dwelling unit does not comply with Government Code Sections 66314 through- 66332 or this chapter.

2. The city may deny a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 202018, if the local agencycity makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Codeprotect the health and safety of the public or occupants of the structure.

3. This subsection shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.040 General requirements.

The following requirements apply to all accessory dwelling units:

A. Where Allowed. An accessory dwelling unit is permitted:

1. In any zoning district where single-family or multifamily dwellings are a permitted use; and

2. On any parcel with an existing or proposed single-family or multifamily dwelling.

B. Maximum Number per Parcel. Not more than one accessory dwelling unit is allowed per parcel except as allowed by Sections 17.74.050 (Units subject to limited standards).

C. Residential Mixed Use. If an existing or proposed one dwelling unit is on a parcel with a nonresidential use, the dwelling unit is considered a single-family dwelling for the purpose of determining the applicable requirements in this chapter. If two or more existing or proposed attached dwelling units are on a parcel with a nonresidential use, the dwelling units are considered a multifamily dwelling.

D. Utility Connections. Utility connection requirements shall be subject to state law and the serving utility district.

Establishing an accessory dwelling unit in conformance with this chapter does not require placing existing overhead utility lines underground.
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E. Fire Sprinklers. The city shall not require accessory dwelling units to provide fire sprinklers if they would sprinklers are not be required for the primary residence under the current fire code in effect at the time the primary residence was permitted. Establishing an accessory dwelling unit does not require installing fire sprinklers in the existing primary dwelling.

F. Vacation Rentals Prohibited. Accessory dwelling units may not be used for vacation rentals as defined in Chapter

17.160 (Glossary), and notwithstanding any other provision to the contrary, rental of an accessory dwelling unit shall be for a term longer than 30 days.

G. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling except as provided in Government Code Section 663410-66342.

H. Guaranteed Allowance.

1. Maximum building coverage, floor area ratio, front setbacks, and private open space standards in Section

17.74.080 (Development standards) and privacy impact standards in 17.74.090.B (Privacy Impacts) shall not prohibit an accessory dwelling unit with up to eight hundred square feet of floor area, and four-foot side and rear yard setbacks, provided the accessory dwelling unit complies with all other applicable standards. The guaranteed allowance of eight hundred square feet of floor area is in addition to the maximum floor area of a property.

2. An accessory dwelling unit may deviate from a building coverage, floor area ratio, front setbacks, or private open space standard no more than the minimum necessary to allow for eight hundred square feet of floor area.

I. Converting and Replacing Existing Structures.

1. An internal accessory dwelling unit may be constructed regardless of whether it conforms to the current zoning requirement for building separation or setbacks.

2. If an existing structure is demolished and replaced with an accessory dwelling unit, an accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.

3. If any portion of an existing structure crosses a property line (excluding attached dwelling units bisected by a property line along the common wall), the structure may not be converted to or replaced with an accessory dwelling unit. For an existing structure within four feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.

J. Manufactured Homes and Mobile Units.

1. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an accessory dwelling unit. Pursuant to California Health and Safety Code Section 18007, as may be amended from time to time, a manufactured home must:
a. Provide a minimum of three hundred twenty square feet of floor area; ab. Be built on a permanent chassis;
bc. Be designed for use as a single-family dwelling with or without a foundation when connected to the required utilities; and
cd. Include the plumbing, heating, air conditioning, and electrical systems contained within the home.

2. Vehicles and trailers, with or without wheels, which do not meet the definition of a manufactured home, are prohibited as accessory dwelling units.

3. A prefabricated or modular home is allowed as an accessory dwelling unit.

K. Junior Accessory Dwelling Units.
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1. General. Junior accessory dwelling units shall comply with all standards in this chapter unless otherwise indicated.

2. Occupancy. The property owner must occupy either the primary dwelling unit or the junior accessory dwelling unit on the property unless the property is owned by a governmental agency, land trust, or housing organization, in which case owner-occupancy is not required.

3. Sanitation Facilities.
a. A junior accessory dwelling unit may include sanitation facilities, or may share sanitation facilities with the primary dwelling.
b. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

4. Kitchen. A junior accessory dwelling unit must include, at a minimum:
a. A cooking facility with appliances; and
b. At least three linear feet of food preparation counter space and three linear feet of cabinet space.

L. Multifamily Homeowners Associations. If a multifamily dwelling is located in a development with a homeowners’ association (HOA), an application for an accessory dwelling unit must:

1. Be signed by an authorized officer of the HOA; and

2. Include a written statement from the HOA stating that the application is authorized by the HOA, if such authorization is required.

LM. Pursuant to the authority provided by Section 65852.21(f) of the Government Code, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved pursuant to Chapter 16.78 of this code; and (2) an SB 9 residential development with two units on each lot has been approved for construction pursuant to Chapter 17.75 of this code. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1052 § 4, 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.050 Units subject to limited standards.

The city shall ministerially approve an application for a building permit within a residential or mixed use zoning district to create any of the following types of accessory dwelling units. For each type of accessory dwelling unit, the city shall require compliance only with the development standards in this subsection. Standards in Sections

17.74.080 (Development standards) and 17.74.090 (Objective design standards) do not apply to these types of accessory dwelling units.

A. Internal Accessory Dwelling Units. One internal accessory dwelling unit or and one junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:

1. The internal accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the second story of an existing accessory structure shall be limited to accommodating ingress and egress.

2. The unit has exterior access from the proposed or existing single-family dwelling.

3. The side and rear setbacks are sufficient for fire and safety.

4. The junior accessory dwelling unit complies with Government Code Sections 66333 through- 66339. 386
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B. One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less. One detached accessory dwelling unit for a parcel with a proposed or existing single-family dwelling. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection A of this section (Internal Accessory Dwelling Units). The accessory dwelling unit must comply with the following:

1. Minimum rear and side setbacks: four feet.

2. Maximum floor area: eight hundred square feet.

3. Maximum height: sixteen feet or 18 feet as allowed by Government Code Section 66321(b) (4).

C. Nonlivable Multifamily Space. One or more internal accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:

1. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up to a maximum of twenty-five percent of the existing multifamily dwelling units; and

2. Each unit shall comply with state building standards for dwellings.

D. Detached Accessory Dwelling Units on Multifamily Parcels.

1. Up to tTwo detached accessory dwelling units are allowed on a lot with an existing ora proposed multifamily dwelling. On a lot with an existing multifamily dwelling, up to eight detached accessory dwelling units are allowed, not to exceed the number of existing units on the lot.Not more than two eight detached accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling,. The accessory dwelling units must comply withsubject to the following:
a. Maximum height: eighteen sixteen feet or as allowed by Government Code Section 66321(b) (4). b. Minimum rear and side setbacks: four feet.

2. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.060 Units subject to full review standards.

The city shall ministerially approve an application for a building permit to create the following types of accessory dwelling units:

A. One-Story Attached Accessory Dwelling Units. An one-story attached accessory dwelling unit in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) with a height eligible for ministerial approval as specified in Table 17.74-1.

B. One-Story Detached Accessory Dwelling Units Between Eight Hundred and One Thousand Two Hundred Square Feet. A one-story detached accessory dwelling unit with a floor area between eight hundred and one thousand two hundred square feet in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) with a height eligible for ministerial approval as specified in Table 17.74-1. (Ord. 1043 § 2 (Att. 2), 2020)

17.74.070 Units requiring a design permit.

The following types of accessory dwelling units require planning commission approval of a design permit:

A. Two-Story Accessory Dwelling Units – Additional Height Allowance. A two-story detached accessory dwelling unit greater than the maximum permitted one-story accessory dwelling unit heights in Table 17.74-1in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) with a height that requires design review as specified in Table 17.74-1. 387
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B. Accessory Dwelling Units Deviating from Standards. Any accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards), except for accessory dwelling units approved pursuant to Section 17.74.050 (Units subject to limited standards). (Ord. 1043 § 2 (Att. 2), 2020)

17.74.080 Development standards.

The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).

A. General. Table 17.74-1 shows development standards that apply to accessory dwelling units.

Table 17.74-1: Development Standards
ADU Type/Location Standard
Unit Size, Maximum
Attached ADU, one bedroom or less 50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
Attached ADU, more than one bedroom 50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached ADU 1,200 sq. ft.

Internal ADU No maximum
Junior ADU 500 sq. ft.

Floor Area Ratio, Maximum [1] As required by zoning district [2] Setbacks, Minimum [3,4]
Front Same as primary dwelling [5]
Interior Side, 1st and 2nd Story 4 ft.

Exterior Side, 1st and 2nd Story 4 ft.

Rear, 1st and 2nd Story 4 ft.

Building Coverage, Maximum
R-M zoning district 40% [2]
All other zoning districts No maximum
Height, Maximum [3]
Attached ADU 25 ft. or maximum permitted in zoning district, whichever is less Detached ADU – Ministerial Approval 16 ft. [8] [9]
One-story detached ADU on lot with existing or proposed single-family dwelling
16 ft. [8]
One-story detached ADU on lot with existing or proposed multifamily and multi-story dwelling
18 ft.

Detached ADU – With Design Permit, two-story [6] 22 ft.

Private Open Space, Minimum [7] 48 sq. ft. [2]
Notes:
[1] Calculated as the total floor area ratio on the site, including both the primary dwelling and accessory dwelling unit. An applicant may request simultaneous approval of a new internal accessory dwelling unit and an addition to the primary residence as part of a single application. 388
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[2] Standard may not prohibit an accessory dwelling unit with at least eight hundred square feet of floor area. See Section 17.74.040(H) (Guaranteed Allowance).
[3] Setback and height standards apply only to attached and detached accessory dwelling units. Standards do not apply to internal or junior accessory dwelling units.
[4] See also Section 17.74.040(I) (Converting and Replacing Existing Structures) for setback exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure. [5] See also subsection B of this section (Front Setbacks) and Section 17.74.040.H.. [6] A two-story detached accessory dwelling unit greater than sixteen feet in height requires a design permit. [7] Private open space may include screened terraces, decks, balconies, and other similar areas. [8] A maximum height of 18 feet is allowed for a detached accessory dwelling unit on a lot with an existing or proposed single family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional 2 feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. [9] A maximum height of 18 feet is allowed for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

B. Front Setbacks.

1. Any increased front setback requirement that applies to a garage associated with a primary dwelling unit also applies to a garage that serves an accessory dwelling unit, except that increased front setback requirements do not apply to an accessory dwelling unit created by converting or replacing an existing structure.

2. In the R-1 zoning district, front setback exceptions in Riverview Terrace and on Wharf Road as allowed in Section 17.16.030(B) apply to accessory dwelling units.

3. In the mixed use zoning districts, minimum front setbacks in Chapter 17.20 (Mixed Use Zoning Districts) apply to accessory dwelling units. Maximum setbacks or build-to requirements do not apply.

C. Parking.

1. All Areas. The following parking provisions apply to accessory dwelling units in all areas in Capitola:
a. Required Parking in Addition to Primary Residence. Parking spaces required for an accessory dwelling unit are in addition to parking required for the primary residence. b. Tandem Spaces. Required off-street parking may be provided as tandem parking on an existing driveway.
c. Within Setback Areas.
i. Required off-street parking may be located within minimum required setback areas from front, side, and rear property lines.
ii. A parking space in a required front setback area shall be a “ribbon” or “Hollywood” design with two parallel strips of pavement. The paving strips shall be no wider than two and one-half feet each and shall utilize permeable paving such as porous concrete/asphalt, open-jointed pavers, and turf grids.

Unpaved areas between the strips shall be landscaped with turf or low-growing ground cover. d. Alley-Accessed Parking. Parking accessed from an alley shall maintain a twenty-four-foot back-out area, which may include the alley.

2. Outside of Coastal Zone or in Cliffwood Heights. The following parking provisions apply only to accessory dwelling units outside of the coastal zone and in the Cliffwood Heights neighborhood as shown in Figure

17.74-1.
a. No additional parking is required for an internal or junior accessory dwelling unit. The floor area of an internal or junior accessory dwelling unit shall not be included in the parking calculation for the primary residence.
b. One off-street parking space is required for an attached or detached accessory dwelling unit, except as provided in subsection (C)(2)(c) of this section.
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c. No off-street parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 66313(ml).
ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed above. d. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.

3. Within Coastal Zone and Outside Cliffwood Heights. The following parking provisions apply only to accessory dwelling units in the coastal zone and outside of the Cliffwood Heights neighborhood as shown in Figure 17.74-1 in accordance with the city’s adopted local coastal program. a. One off-street parking space is required for any type of accessory dwelling unit except as provided in subsection (C)(3)(b) of this section.
b. Where the primary residence is served by three or more existing off-street parking spaces, including spaces in a tandem configuration, no off-street parking is required for the accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are required for the demolished or converted parking structure. Replacement parking space(s) may be covered or uncovered. Replacement parking does not satisfy the one off-street parking requirement for the accessory dwelling unit in subsection (C)(3)(a) of this section. 390
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Figure 17.74-1: Cliffwood Heights ADU Parking Exclusion Area (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.090 Objective design standards.

The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).

A. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street.

B. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:

1. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
a. A six-foot solid fence on the property line; or
b. Clerestory or opaque windows for all windows facing the adjacent property.

2. For a second-story wall, all windows facing the adjacent property shall be clerestory or opaque.

C. Second-Story Decks and Balconies. Second-story decks and balconies proposed as part of an accessory dwelling unit that requires a design permit shall be located and designed to minimize privacy impacts on adjacent residential properties, as determined by the planning commission through the design permit approval process.

D. Architectural Details. Table 17.74-2 shows architectural detail standards for accessory dwelling units. 391
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Table 17.74-2: Architectural Detail Standards
Non-hHistoric pProperty in the coastal zones and all
properties outside the coastal zone [1] Historic pProperty in the coastal zone [1] Attached ADU Detached ADU Attached ADU Detached ADU
Primary Exterior
Materials [2]
Same as primary dwelling
[3]
No requirement Same as primary dwelling; or
horizontal wood, fiber
cement, or board and batten
siding or shingles [3]
Horizontal wood, fiber
cement, or board and batten
siding, or shingles [4]
Window and Door
Materials
No requirement Wood, composite, pre-finished metal with a nonreflective finish
Window Proportions No requirement Windows must be taller than they are wide or match the proportions of the primary dwelling window [5]
Window Pane
Divisions
No requirement True or simulated divided lights
Roof Material Same as primary dwelling
[3]
No requirement Same as primary dwelling
[3]
Same as primary dwelling;
or architectural composition
shingles, clay tile, slate, or
nonreflective standing seam
metal [3]
Roof Pitch No requirement 4:12 or greater [6] No requirement 4:12 or greater [6] Exterior Preservation No requirement No requirement See 17.74.090.E.1 No requirement Notes:
[1] “Historic property” means a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources).
[2] Standard does not apply to secondary and accent materials. [3] “Same as primary dwelling” means the type of material must be the same as the primary dwelling. The size, shape, dimensions, and configuration of individual pieces or elements of the material may differ from the primary dwelling. [4] If primary dwelling is predominantly stucco, stucco is allowed for the accessory dwelling unit. [5] Bathroom windows may be horizontally oriented.
[6] If the primary dwelling has a roof pitch shallower than 4:12, the accessory dwelling unit roof pitch may match the primary dwelling.

E. Building Additions to Historic Structures. The following standards apply in the coastal zone to an ADU attached to a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources).

1. The attached ADU may not obscure, damage, or destroy the exterior of a historic structure on its historically significant building face(s), including associated roofline(s).

2. Historically significant building face means any character-defining building elevation which abuts a street or public access easement. A structure may have more than one historically significant face.

3. Preservation requirements extend to all associated elements of a character-defining building face including, but not limited to, porches, windows, doors, trim, and cladding.

Within the coastal zone, aA building addition to a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources) for an attached accessory dwelling unit shall be inset or separated by a connector that is offset at least eighteen inches from the parallel side or rear building wall to distinguish it from the historic structure.

17.74.100 Deviation from standards.

A. When Allowed. The planning commission may approve an accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards). 392
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B. Permit Required. Deviations allowed under this section require planning commission approval of a design permit.

A variance is not required. To approve the design permit, the planning commission must make the findings in Section 17.74.110 (Findings). (Ord. 1043 § 2 (Att. 2), 2020)

17.74.110 Findings.

A. When Required. The planning commission must make the findings in this section to approve a design permit for:

1. Two-story Ddetached accessory dwelling units with a height that requires design review as specified in Table

17.74-1.greater than sixteen feet in height; and

2. Accessory dwelling units that deviate from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards), except for accessory dwelling units approved pursuant to Section 17.74.050 (Units subject to limited standards).

B. Findings. To approve the design permit, the planning commission shall find that:

1. The exterior design of the accessory dwelling unit is compatible with the primary dwelling on the parcel through architectural use of building forms, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices.

2. The exterior design is in harmony with, and maintains the scale of, the neighborhood.

3. The accessory dwelling unit will not create excessive noise, traffic, or parking congestion.

4. The accessory dwelling unit has or will have access to adequate water and sewer service as determined by the applicable service provider.

5. Adequate open space and landscaping have been provided that are usable for both the accessory dwelling unit and the primary residence. Open space and landscaping provide for privacy and screening of adjacent properties.

6. The location and design of the accessory dwelling unit maintain a compatible relationship to adjacent properties and do not significantly impact the privacy, light, air, solar access, or parking of adjacent properties.

7. The accessory dwelling unit generally limits the major access stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard have been minimized. The design of the accessory dwelling unit complements the design of the primary residence and does not visually dominate it or the surrounding properties.

8. The site plan is consistent with physical development policies of the general plan, any area plan or specific plan, or other city policy for physical development. If located in the coastal zone, the site plan is consistent with policies of the local coastal plan. If located in the coastal zone and subject to a coastal development permit, the proposed development will not have adverse impacts on coastal resources.

9. The project would not impair public views along the ocean and of scenic coastal areas. Where appropriate and feasible, the site plan restores and enhances the visual quality of visually degraded areas.

10. The project deviation (if applicable) is necessary due to special circumstances applicable to subject property, including size, shape, topography, location, existing structures, or surroundings, and the strict application of this chapter would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1043 § 2 (Att. 2), 2020)

17.74.120 Deed restrictions.

A. Prior to issuing a certificate of occupancy for a juniorn accessory dwelling unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
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1. The junior accessory dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 (Glossary).

2. The junior accessory dwelling unit may not be sold separately from the primary dwelling except as provided in Government Code Section 66340-66342.

3. For junior accessory dwelling units, Rrestrictions on size, owner occupancy requirement, and attributes in conformance with this chapter.

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the junior accessory dwelling unit.

C. The deed restriction shall lapse upon removal of the junior accessory dwelling unit. (Ord. 1043 § 2 (Att. 2), 2020)

17.74.130 Incentives.

A. Fee Waivers for Affordable Units.

1. The city may waive development fees for accessory dwelling units that will be rented at levels affordable to low- or very low-income households.

2. Applicants of affordable accessory dwelling units shall record a deed restriction limiting the rent to low- or very low-income levels prior to issuance of a building permit.

3. Landlords of accessory dwelling units shall be relieved of any affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual Consumer Price Index increase commencing with the date of application for building permit.

B. Historic Properties. The planning commission may allow exceptions to design and development standards for accessory dwelling units proposed on a property that contains a historic resource as defined in Chapter 17.84 (Historic Preservation). To allow such an exception, the planning commission shall approve a design permit and find that the exception is necessary to preserve the architectural character of the primary residence. (Ord. 1043 § 2 (Att. 2), 2020)
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Capitola City Council
Agenda Report
Meeting: September 25, 2025
From: Public Works Department
Subject: Coastal Conservancy Grant Application
Recommended Action: Authorize staff to submit a grant application to the State Coastal Conservancy for the Esplanade Park Coastal Access Enhancement & Adaptation Plan.

Background: Esplanade Park is located at the intersection of Esplanade and Monterey Avenue in Capitola Village, directly adjacent to Capitola Beach. The site has been home to several historic buildings over the years, including the Hotel Capitola and the Capitola Ballroom. In 1960, restrooms and a parking lot were constructed at the site, and the park itself was formally dedicated in July 1984. The bandstand, completed in 2007 through community contributions, added a focal point for concerts and events. Today, the park includes restrooms, outdoor showers, benches, plantings, and the bandstand, which supports regular programming and community use.

A major underground sewer pumping station is located beneath the restrooms operated by the Santa Cruz County Sanitation District. The Park is subject to an easement that allows the District to access and operate this facility, and all development must be coordinated with the District to ensure continued operation.

Esplanade Park is Capitola’s most heavily used public park, serving as a central hub for both residents and visitors. Its open lawn areas, seating, and shoreline-adjacent walkways provide direct access to Capitola Beach and host a wide range of community activities and events.

Because of its low elevation and direct shoreline exposure, the park and adjacent seawall are routinely overtopped by waves during winter storm events, resulting in flooding, debris deposition, and repeated damage to park infrastructure. Impacts were especially severe during the January 2023 atmospheric river storms, which left the park inundated and covered with debris. Any long-term park improvement project should therefore consider strategies to mitigate these recurring hazards and ensure resilient public access.

During adoption of the FY 2025-26 budget, the City Council allocated $50,000 toward updating Esplanade Park. In an effort to obtain outside funding for this effort, staff submitted a pre-application to the State Coastal Conservancy under its Climate Ready and Coastal Access grant program to determine whether a design project for the park would be eligible. The Conservancy—whose mission includes supporting sea level rise adaptation, improving public coastal access, and advancing nature-based shoreline resilience—responded the project is eligible and invited the City to submit a full application for funding.

Discussion: The proposed Esplanade Park Coastal Access & Adaptation Plan will complete technical studies, community engagement, and conceptual design (up to 30%) for improvements and climate adaptation measures at the park. Specific tasks include:
 Sea level rise modeling, drainage analysis, and coastal hazard studies.  Development of 3–4 concept alternatives, including traditional park enhancements along with nature-based, hybrid, structural, and retreat strategies.  Refinement of one preferred alternative.
 A regulatory and CEQA pathway analysis to identify required approvals for future implementation.  Robust community engagement through three workshops, an online bilingual survey, and pop-up outreach at park events.
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If the grant is awarded, the project would begin in February 2026 and be completed by April 2027.

Technical studies would be completed in early 2026, with community engagement and concept alternatives carried out through the summer and fall. A preferred concept, and regulatory pathway analysis would be finalized by spring 2027. These deliverables will provide the City with a 30% design, cost estimates, and a clear roadmap for future permitting and funding.

This is a planning effort only; future implementation will require additional design, environmental review, and construction funding.

Fiscal Impact: The proposed grant request is $275,000 from the State Coastal Conservancy. A $50,000 in-kind contribution of City staff time will serve as the local match, for a total project cost of $325,000. No General Fund contribution is required with this grant; the existing General Fund allocation of $50,000 could be made available for future project phases.

Attachments:

1. State Coastal Conservancy Grant Application Guide

2. Draft Grant Application (Esplanade Park Coastal Access & Adaptation Plan) Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
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Explore the Coast Announcement 2020 p. 0 of 5
Explor
State Coastal Conservancy
Grant Application Guide

GRANT APPLICATION GUIDE
Released October 2022
Application is a separate document found at this link.

Submit Application via email to [email protected]
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1 CONTENTS
State Coastal Conservancy.............................................................................................................. 3 Mission Statement...................................................................................................................... 3 Foreword..................................................................................................................................... 3 Contact Information.................................................................................................................... 3 Key Links...................................................................................................................................... 3 Purpose of Application Guide ......................................................................................................... 4 I. Grant Program Overview.......................................................................................................... 5 Intent........................................................................................................................................... 5 Eligible Applicants....................................................................................................................... 5 Eligible Projects........................................................................................................................... 5 Grant Amount Per Application ................................................................................................... 6 Application Deadline................................................................................................................... 6 Application Process..................................................................................................................... 6 Grant Administration Process..................................................................................................... 7 PHOTOS AND RECORDS SUBMITTED WITH APPLICATION........................................................ 10 II. Application Package................................................................................................................ 11 Application Checklist................................................................................................................. 13 Summary Information............................................................................................................... 14 Project Description ................................................................................................................... 16 Project Selection Criteria .......................................................................................................... 18 Tasks and Schedule ................................................................................................................... 24 Project Cost Estimate................................................................................................................ 28 Project Maps, Design Plans, and Photos................................................................................... 31 Non-Profit Applicant Documentation....................................................................................... 32 Conservation Corps Consultation Process................................................................................ 32 Southern California Wetlands Recovery Project ...................................................................... 32 Grant Application Survey .......................................................................................................... 32 III. Eligible Costs........................................................................................................................... 33 Acquisition Project Eligible Costs.............................................................................................. 33 Planning Project Eligible Costs.................................................................................................. 33 Implementation Project Eligible Costs...................................................................................... 34 398
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2 Ineligible Costs.......................................................................................................................... 35 IV. Appendices.............................................................................................................................. 37 Technical Assistance for Applicants.......................................................................................... 37

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3 STATE COASTAL CONSERVANCY

MISSION STATEMENT
The State Coastal Conservancy’s vision is of a beautiful, restored, and accessible coast for current and future generations of Californians. We act with others to protect and restore, and increase public access to, California’s coast, ocean, coastal watersheds, and the San Francisco Bay Area.

FOREWORD
The State Coastal Conservancy (“Conservancy”) is a state agency established in 1976 to work proactively with local communities to implement multi-benefit projects that protect and enhance coastal resources. The Conservancy works along the entire length of California’s coast, within the watersheds of rivers and streams that extend inland from the coast, and throughout the nine-county San Francisco Bay Area.

The Conservancy is committed to providing technical assistance and being approachable and informative. Contact information is listed below, and grant updates can be found at:
https://scc.ca.gov/grants/.

CONTACT INFORMATION
Regional Manager Contacts
North Coast: Del Norte County to coastside
Sonoma and Marin Counties
Joel Gerwein: [email protected]
San Francisco Bay Area: Nine Bay Area Counties,
excluding the coastside of Sonoma, Marin, and San
Mateo Counties
Jessica Davenport: [email protected]
Central Coast: Coastside San Mateo County to
Santa Barbara County
Trish Chapman: [email protected]
South Coast: Ventura County to San Diego
County Megan Cooper:
[email protected]

KEY LINKS
Application
- Application download in Microsoft Word – found at this link:
https://scc.ca.gov/webmaster/ftp/pdf/forms/SCC_Grant_Application.docx - Application download in Google Docs – found at this link:
- https://docs.google.com/document/d/1WBBQHM21pzuflRvrbYMBbgTAEH4Cy5Hl/edit? usp=sharing&ouid=100782272886121659354&rtpof=true&sd=true 400
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4 - You may use Google Docs if you do not have a Microsoft Office license or to enhance collaboration among your organization. Please open the Google Docs-compatible link below. When it is opened, go to file > "Make a copy”. You can then freely edit and share the document in Google Docs. When you are ready to submit the application, go to File > Download > Microsoft Word (.docx). If you do not have a Microsoft Office license, you can instead download the document as a PDF.

Website
https://scc.ca.gov/grants/

PURPOSE OF APPLICATION GUIDE
This application guide provides step-by-step instructions on completing a grant application for the Conservancy. Use this guide as you go through your application to help answer questions and provide the appropriate information.
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I. GRANT PROGRAM OVERVIEW
5 October 2023
I. GRANT PROGRAM OVERVIEW
INTENT
The Conservancy’s grants will fund projects that support our Strategic Plan (found at this link:
https://scc.ca.gov/about/plan/ ) and meet our Project Selection Criteria (found at this link:
https://scc.ca.gov/grants/project-selection-criteria/). There are no program-specific priorities or funding limits, and applications will be accepted on a rolling basis.

ELIGIBLE APPLICANTS
• Public Agencies, including Joint Power Authorities and Federally-Recognized Indian Tribes
• Nonprofit organizations with 501(c)(3) status
• Other community-based organizations and non-federally-recognized tribes may apply with a 501(c)(3) fiscal sponsor

ELIGIBLE PROJECTS
• Types of eligible projects
o Develop plans and permits for projects that meet the funding priorities below o Implement projects that meet the funding priorities below o Acquire property that furthers the funding priorities below. • Funding priorities
o Projects that meaningfully advance one or more the of the Conservancy’s Strategic Plan objectives
For details on eligible costs, please see the Eligible Costs section. 402
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I. GRANT PROGRAM OVERVIEW
6 October 2023

GRANT AMOUNT PER APPLICATION
There are no maximum or minimum grant amounts for this funding; however, it is anticipated that most grants will be between $200,000 and $5,000,000.

APPLICATION DEADLINE
Applications may be submitted on a rolling basis and will be accepted and evaluated when they are received.

APPLICATION PROCESS
The application is a two-step process. Applicants will first submit a pre-application. If a preapplication meets the Conservancy’s Eligibility Criteria and there is available Conservancy funding for the project, applicants will be invited to submit a full application. Here are the steps in the application process:

1. Develop a Pre-application
• If needed, request a technical assistance consultation with the Regional Manager covering your project area to discuss project eligibility. All applicants are encouraged to request this consultation prior to pre-application submission. See page 3 for details on how to contract the Regional Manager.
• Submit a Pre-application, which can be found at this link:
https://scc.ca.gov/webmaster/ftp/pdf/forms/SCC-Grant_Pre-Application.docx • Within 60 days, you will receive notification whether you are being asked to submit a full application or if your project is not eligible for Conservancy funding. • If your project is selected for a full application, go to step 2 below.

2. Develop a competitive full application
Prior to full application submission, we recommend applicants:
• Review this Application Guide to understand the requirements in more detail. • Review the following materials for grantees on the Conservancy website to understand standard grantee requirements if your application were to be selected for funding. o Grantee Manual: https://scc.ca.gov/grants/grantee-manual/ o Typical Grant Agreement Terms:
https://scc.ca.gov/webmaster/ftp/pdf/forms/typicalgrantagreementterms.pdf 403
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I. GRANT PROGRAM OVERVIEW
7 October 2023
• Submit a full application, which can be found at this link:
https://scc.ca.gov/webmaster/ftp/pdf/forms/SCC_Grant_Application.docx

3. Submit your application
• Email the application to the Conservancy at [email protected]. Application submittal instructions are found on page 10.
• After you have submitted your application, we ask that you fill out this anonymous short survey: https://www.surveymonkey.com/r/3TLJBYK. Your input will help us improve our grant application process in the future.

4. Conservancy review of application
• You may be asked to correct or complete documents after the application is submitted. • Conservancy staff will evaluate applications based on the Project Selection Criteria. • You may be invited to provide additional information to Conservancy staff during the application review process.
• You may be asked to participate in an Application Interview and/or site visit to provide additional information to Conservancy staff during the application review process.

5. Grant approval process
• Grant award recommendations will be announced approximately 60 days after the application is received. You will receive an email indicating whether or not your application will be recommended for a grant award. All grants must be approved by the Coastal Conservancy Board.
• After Grant award recommendations are made, you may request feedback from Conservancy staff on strengths and weaknesses of your application. • Applicants who receive a grant award letter will be assigned a Conservancy Project Manager to work with.
• The Conservancy Project Manager will present a recommendation for funding to the Coastal Conservancy Board. Applicants may be asked to provide materials to assist in making this recommendation. If the Coastal Conservancy Board approves the Grant recommendation, the Conservancy Project Manager will move forward with the Grant award.

GRANT ADMINISTRATION PROCESS
The Conservancy’s grant administration process is explained in detail in our Grantee Manual, which can be found at this link: https://scc.ca.gov/grants/grantee-manual/. An overview of the grant process is provided below.
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I. GRANT PROGRAM OVERVIEW
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1. Following approval by the Coastal Conservancy Board, the Conservancy Project Manager will send a Grant Agreement to the applicant along with a link to the Grantee Manual. Refer to the Grantee Manual (https://scc.ca.gov/grants/grantee-manual/) for further detail.

2. After a signed Grant Agreement is returned and signed by the State, the applicant becomes a Grantee.

3. The Grantee must then complete the Conditions Precedent to Project Commencement listed in the Grant Agreement, which include but are not limited to submitting a Work Program for Conservancy approval.

4. Work on the grant may begin only after receiving a notice from the Conservancy Project Manager that all of the Conditions Precedent to Project Commencement have been met.

5. Project Completion Date is at least three months before the end of the Grant Termination Date.

6. Send the final payment request to the Conservancy at least two months before the Grant Termination Date. This gives time for the Conservancy to review the payment documents, conduct a final site inspection, and process the final payment through the State Controller’s Office.
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I. GRANT PROGRAM OVERVIEW
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1. Develop Your
Application
Review this Application Guide
Participate in Technical
Assistance Webinar
Talk with a Regional Manager
if you have questions
Review the Grantee Manual
and Typical Grant Conditions

2. Submit Your
Application
Submit Application by the
deadline
Fill out the anonymous
survey

3. Conservancy staff
reviews Application
SCC staff evaluates
application based on Project
Selection Criteria

4. Grant Approval
SCC staff selects grants to
recommend for approval and
notifies Applicants
Request application debrief
with Conservancy staff
(optional)
SCC Project Manager
assigned to project
SCC staff recommends
funding for project at a
public Board meeting

5. Grant
Administration
Sign Grant Agreement
provided by Conservancy
project manager
Complete Conditions
Precedent
SCC Project Manager issues
Notice to Proceed for project
to begin
Your tasks
SCC tasks
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PHOTOS AND RECORDS SUBMITTED WITH APPLICATION
All information that you submit is a public record subject to disclosure under the Public Records Act.

Please only submit photos, maps, or other materials with this application in which either (1) you own the copyright, trademark, or have some other ownership rights in the materials, or (2) you have permission to use and have the authority to grant the Conservancy the permission to use such materials for non-commercial purposes. When submitting photos, maps, or other materials, please confirm in writing via the grant application or some other method that you are granting the Conservancy the unlimited right to use such materials for non-commercial purposes. Please indicate if photos, maps, or other material submitted with this application require crediting when reused by the Conservancy - you should indicate this on each document.

If you provide any photographs of individuals to the Conservancy, you should ensure that the individuals (or the guardians of individuals under the age of 18) were informed that photographs may be taken and used for any non-commercial purpose. 407
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II. APPLICATION PACKAGE
This section provides detailed guidance to complete the application.

Please follow these five instructions to prepare the application. • Use the Application Checklist on the next page to organize the application. • Checklist items 1-6 are required for all applications. • Checklist item 7 is only required for non-profit applicants. • Checklist Item 9 is only required for projects that are on the Southern California Wetlands Recovery Project (WRP) Work Plan.
• Checklist item 8 is required for Implementation projects. • Checklist item 10 is only required for Acquisition projects that are within one of the nine Bay Area counties.
• For application submittal
• Submit the application by email to [email protected]. • Do not mail a paper copy of the application.
• Send only the items requested in the Checklist. Do not send supplementary materials, such as PowerPoint presentations or letters of support at this time. If notified that your application for funding is successful, support letters from stakeholders, match funders, and elected officials will be requested for the funding approval. Consult your project manager regarding the number, format, and source of support letters.
• Please keep at least one copy for your records.
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APPLICATION CHECKLIST
Use the checklist below to help you track completion of the required parts of the application.

Directions for each item can be found on the page number listed below.

Application Item
Guidance
Page
Number
☐ 1. Application Cover Sheet
☐ 2. Project Description
☐ 3. Project Selection Criteria
☐ 4. Project Tasks and Schedule
☐ 5. Project Cost Estimate
☐ 6. Project Maps and Design Plans
☐ 7. Nonprofit Organization Documentation
☐ 8. For Implementation projects, applicants must submit a Conservation Corps Consultation Review Form.
☐ 9. Southern California Wetlands Recovery Project (WRP) Work Plan support letter and map from Marsh Adaptation Planning Tool, if applicable. ☐ 10. Conservation Lands Network 2.0 Conservation Portfolio Report, if applicable. 410
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SUMMARY INFORMATION
Fill out the two-page summary information section provided in the application. Summary information should be no more than two pages.

CONTACT INFORMATION
• Organization. Be sure to enter your organization’s full legal name. If an applicant will be using a fiscal sponsor, the organization should be the fiscal sponsor, not the applicant. • Contact Person. This should be the person who can best answer questions about the proposed project. The phone and email address provided should be for this person. • Webpage. Please provide a link to your organization’s webpage, if you have one.

PROJECT INFORMATION
• Project Name. We recommend that the project name be no more than six words long. Pick a name that captures the essence of the project and the location if possible. • Project Summary. Provide a one sentence description of your project that specifies 1) the phase of the project (Acquisition, Planning, or Implementation) 2) the key action of the project (develop a plan, restore wetlands, build a trail, etc), 3) the location, and 4) the number of acres or miles involved.
• Amount Requested and Total Project Cost. Provide specific numbers, rounded to the nearest one hundred dollars. Your answers should not be a range. We understand that the total project cost is an estimate and may change.
• Estimated Start and End Dates. Provide your best estimate of when work under the grant would start and when it would be complete. Your answer should not be a range. We understand that the dates are an estimate and may change. • Project Type. The Conservancy can fund each phase of a project – Acquisition, Planning, and Implementation. But typically we would fund each phase as a separate grant with a separate application. We cannot fund the Implementation phase of a project until environmental review pursuant to the California Environmental Quality Act is complete (see 411
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CEQA Compliance section below). For this reason, we cannot fund both the preliminary Planning and Implementation phase of a project under one grant, unless the entire project falls within a CEQA exemption.
• Total Acres. For Acquisition projects, provide the total acreage of the property or easement that would be acquired. For restoration projects, provide the total acreage of the restoration area only.
• Total Miles. For projects that will plan or build trails, include the total number of trail miles that will be planned or built. Do not include the mileage of already existing trails on a site. • Assessor Parcel Numbers. Acquisition projects only. If the project will acquire fee title or easement property rights, provide the assessor parcel numbers (APN) for all of the properties that will be acquired. Identify any parcels where property rights to only part of a parcel will be acquired. If the project involves acquisition of both fee title and conservation easement interests, specify which type of interest will be acquired for each APN.

LOCATION INFORMATION
• County(ies). List the County(ies) in which the project will occur. • Specific Location(s). Provide the place name or other identifying name for the specific location(s) of the project.
• Latitude and Longitude. Pick a key location on your project site such as the center of the restoration area, parking lot, trailhead. If your project has multiple sites, just pick one that is representative. An easy way to get the latitude and longitude is to follow these steps:
• Open google maps and navigate to the location of your project. • Point the cursor at the key location you have identified (see above). On a PC right-click and select the paired numbers at the top of the list of options. These are the latitude and longitude (lat/longs). On a Mac, you get this list by using Control-Click.

Selecting the numbers will copy them.
• Paste them directly into the application. They will look something like this:

37.806155798708346, -122.27334936704644.
• Disadvantaged and Severely Disadvantaged Communities. Conservancy funding aims to prioritize projects that benefit Disadvantaged Communities (DACs) and/or Severely Disadvantaged Communities (SDACs) as defined in legislation. To determine if your project is located in one of these communities, go to this website:
https://www.parksforcalifornia.org/communities/?overlays=parks. Navigate to your project location on the map. Check the legend box for Disadvantaged Community in the lower right of the map screen.
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LEGISLATIVE DISTRICTS
• Districts. For each District type, list the numbers and the names of the political representatives that represent the geographical area where your project takes place. • State Assembly. The State Assembly works alongside the State Senate and the Governor to form the State Legislature. You can find your State Assembly member and Assembly District number at https://findyourrep.legislature.ca.gov/ • State Senate. The State Senate works alongside the State Assembly and the Governor to form the State Legislature. You can find your State Senate member and Senate District number at https://findyourrep.legislature.ca.gov/ • Congress. Your Congressional District represents the division of the state from which a member of the US House of Representatives is elected. You can find your Congressional District number and representative at https://www.house.gov/. Enter your project location zip code in the look up tool in the webpage’s upper right hand corner.

PROJECT DESCRIPTION
The project description section is for you to explain your project to the application reviewers.

Assume that the reviewers have never heard of your project and have a short time to review your application. Be concise and clear. We will use your project description to evaluate your application based on the Project Selection Criteria (see below). • (Question 1) Site Description (1-2 paragraphs). Describe the project site or area including the location and current conditions that relate to your project. Examples include habitat types and conditions, presence of special status species, and current public access amenities. Discuss adjacent land uses if they impact the project. • (Question 2) Project Need (one paragraph). Describe the specific problem, issue, or unserved need the project will address. In most cases, this section can be well done in one paragraph. Focus on the project and minimize discussion of broader regional issues.

Examples of project need include: lack of public access, damaged or non-functional habitat, protect coastal resources, address impacts of sea level rise, improve resilience to wildfire. Do not describe in this section how the project will address that problem, issue, or unserved need.
• (Question 3) Project Activities (1-3 paragraphs). Describe specifically how the proposed project will address the project need identified above. What are the proposed activities that will be involved in the project that will solve the identified problem? To help you understand what we are looking for, the table below provides examples of project activities for each of the project types. This is only a sample list. You should list activities that are relevant to your project whether or not they are in this table. 413
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Type of Project Sample Activities
Acquisition
• Acquiring land to protect it from development
• Acquiring land for future restoration and/or public access • Acquiring a conservation easement to extinguish development rights
Planning
• Community-led planning or engagement
• Community capacity-building
• Undertake technical analyses and resource studies
• Complete conceptual or preliminary planning
• Complete CEQA environmental review
• Apply for and/or secure permits
Construction
• Remove fill or debris from a habitat area
• Breach a levee or remove a barrier to restore water flow • Remove non-native species and replace with natives
• Build a new trail segment
• Install nature-based infrastructure or elements
• Install educational elements
• (Question 4) Project Outcomes. To the extent known, provide information on both the quantitative and qualitative project outcomes. Planning projects should use the anticipated quantitative outcomes of the project being planned. Include any community engagement related quantitative outcomes you expect your project to complete such as number of community meetings that will be held, number of volunteer events that will take place, or number of community partners that will be involved. To help you understand what we are looking for, below are examples of both quantitative and qualitative outcomes. These are only samples. You can add additional project outcomes that are relevant to your project.

Quantitative Outcomes
• Acres of land or water protected
• Acres of habitat restored, breakdown by habitat type if available • Miles of trail planned or built
• Stream miles of spawning habitat made more accessible 414
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• Number of access amenities and other facilities constructed; specify what the amenities and facilities are
• Number of community members engaged in project
• Number of tribes engaged in project
Qualitative Outcomes
• Habitat functions restored
• Integration of community input into project/design plans • Project includes workforce development
• Tribal access to land restored

PROJECT SELECTION CRITERIA
The Coastal Conservancy adopted its current Project Selection Criteria on September 23, 2021 and can be found here: https://scc.ca.gov/grants/project-selection-criteria-2/. The Project Selection Criteria includes both Eligibility Criteria and Selection Criteria. The Eligibility Criteria are used for screening your project to determine if it is eligible for Conservancy funding. If your project does not meet all of the Eligibility Criteria, it is not eligible for funding. The Selection Criteria are used for project prioritization. Your project does not need to address every Selection Criteria and staff will assess each of the Selection Criteria based on your Application and the applicability for your project.

Project Eligibility Criteria (Questions 5 - 8)
Conservancy staff will determine the initial eligibility of your application based on the following criteria:
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• Consistent with purposes of the funding source. Conservancy staff will confirm eligibility based on the project summary. No further response required from you (the applicant).
• Consistent with Conservancy enabling legislation, Public Resources Code, Division 21.

Conservancy staff will confirm eligibility based on the project summary. No further response required from you.
• (Question 5) California Environmental Quality Act (CEQA) Compliance. The Conservancy Board must make findings relative to the California Environmental Quality Act (CEQA) when approving a project for funding. Your project must be either exempt from CEQA or the CEQA documentation must be complete before our Board considers approving the project. Acquisition and Planning projects typically are exempt from CEQA.

No further response is required from you for Acquisition and Planning projects.

For Implementation Projects Only:
a. Specify the current status of CEQA review (not started, in progress, complete). If CEQA review is not complete, specify the estimated date when it will be complete.
☐ Not Started ☐ In Progress ☐ Complete
Estimated completion date: ______________
b. What document is the CEQA review expected to result in:
☐ Exemption
☐ Negative Declaration (ND)
☐ Mitigated Negative Declaration (MND)
☐ Environmental Review Document (EIR)
☐ Addendum
c. If an ND, MND, Addendum or EIR is required, specify who the CEQA Lead Agency will be. CEQA documentation will be requested later on if the proposed project is selected to move forward with funding recommendation.
• (Question 6) Grantee capacity (1 paragraph) – Summarize your organization’s experience administering grant funds and carrying out similar types of projects and activities. You should describe past efforts that are similar in size and scope to the project you are applying for.
• (Question 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 land where the project will occur. ☐ Applicant has a written agreement with the landowner to conduct the project on their land.
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☐ Applicant does not yet have a written agreement with the landowner to conduct the project on their land. If this answer is checked, specify how and when the landowner agreement will be reached.
• (Question 8) Long-term management and maintenance (1 paragraph) – Summarize the plan for the long-term management, maintenance, and monitoring of the project.

Include who will be responsible for maintenance and how they will fund it.

Project Selection Criteria (Questions 9 - 12)
The following project selection criteria will be used by Conservancy staff to evaluate your proposed project. Some will be assessed from the overall application, while others are specifically asked in a numbered question.
• Extent to which the project helps the Conservancy accomplish the objectives in the Strategic Plan. Conservancy staff will assess how well your project meets one or more of the Conservancy’s Strategic Plan objectives. No further response required from you.

The Conservancy’s Strategic Plan can be found here for your reference.

Goal 1. Prioritize Equity

1.1 Commit Funding to Benefit Systemically Excluded Communities

1.2 Return Power to Tribes

1.3 Support Systemically Excluded Communities

1.4 Incorporate Workforce Development in Our Projects
Goal 2. Enjoy the Coast

2.1 Explore the Coast – provide enjoyable coastal experiences for people and communities who face challenges or barriers to accessing or enjoying the coast. v

2.2 Coastal Stories projects that plan, develop, and implement storytelling installations that present communities and voices historically excluded or under-represented.

2.3 Accessibility projects that reduce barriers to coastal access for people with disabilities.

2.4 Build Trails - including the CA Coastal Trail, the Santa Ana River Parkway, the Great Redwood Trail, the San Francisco Bay and Ridge Trails, and other regional trails.

2.5 Enhance recreational amenities including restrooms, parking, paths, interpretive centers, picnic areas, restrooms, shade structures, water fountains, camping, and signage.

2.6 Piers and Waterfronts – support multi-benefit, coastal resilience projects that revitalize waterfronts.
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2.7 Explore the Coast Overnight – Increase the variety and amount of lower-cost coastal accommodations and programs to connect lower-income Californians with those accommodations.

Goal 3. Protect & Restore the Coast

3.1 Conserve Land

3.2 Restore or Enhance Habitats

3.3 Working Lands

3.4 Cut Green Tape
Goal 4. Climate Ready

4.1 Sea Level Rise Adaptation Projects

4.2 Wildfire Resilience Projects

4.3 Multi-benefit Nature-Based Climate Adaptation
• Project is a good investment of state resources Conservancy staff will assess whether your projects is a good investment of state resources. No further response required from you. The list below provides key factors that we will consider in evaluating your project against this criterion:
- Project provides important benefits to Californians.
- Project is feasible.
- Budget is reasonable.
- Project leverages non state resources including volunteer work, in-kind support, or partnerships.
- Project advances statewide goals and is consistent with regional plans. 418
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- Project protects or enhances significant resources.
- Project is located within or benefits a disadvantaged community (See disadvantaged community question above).
- Project is a pilot project that may have demonstration value. - Applicant has consulted with relevant State and Federal agencies. - Scientific assumptions of project are explained in the application; project follows best practices.
• (Question 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 list below provides key factors that we will consider in evaluating your project against this criterion. If there is information already provided in other parts of the application, please indicate where so you don’t have to repeat it.
- Applicant has communicated with tribes as early as possible in project development, including writing letters and emails and following with phone calls updating the tribe throughout the life of the project, and meeting with local tribal government lead consortiums or other inter-tribal governmental organizations. - Project includes working with tribes to enable traditional stewardship and cultural practices on ancestral land and co-management of their ancestral lands and natural resources; or projects assist tribes to regain access to their ancestral lands on the coast.
- Project was or will be developed with tribal leadership and perspectives, including traditional ecological knowledge, indigenous stewardship, and educational programs.
- Tribal concerns are respected, and archaeological and cultural resources are protected.
- Project provides benefits to the local tribe and its membership, including providing contracting opportunities to local tribes and their members where appropriate. - Signage, communications, and other project information includes tribal land acknowledgement and accurate historical information.
• (Question 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. The list below provides key factors that we will consider in evaluating your project against this criterion. If there is information already provided in other parts of the application, please indicate where so you don’t have to repeat it.
- Project will continue to deliver benefits over a reasonable time period. 419
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- Project will be resilient to sea level rise or other climate change impacts. If the project is vulnerable to sea-level rise, discuss the projected lifespan of the project and whether the project will be resilient to sea-level rise impacts for its duration. - Project aligns with statewide sea-level guidance and regulatory agency policies. o 2020 Ocean Protection Council Principles for Aligned State Action: use to ensure project complies with statewide minimum requirements for sea-level rise projects (i.e., SLR target minimum of 3.5’ by 2050). o 2018 Ocean Protection Council State Sea-Level Rise Guidance: use as a resource for locally specific SLR risk analyses and as a decision framework, if applicable to your project.
o State Coastal Conservancy Sea the Future Sea-Level Rise Visualization Tool:
use as a resource to explore and compare sea-level rise visualization tools. - Project will not make future climate adaptation more difficult. For example, restoring a wetland will provide benefits in the near term and may allow for other future adaptation actions.
- Applicant for planning project has identified potential implementation funding and has a strategy for obtaining necessary approvals.
• (Question 11) Project delivers multiple benefits and significant positive impact. (1-2 paragraphs). Describe how the project delivers multiple benefits and significant positive impact. The list below provides key factors that we will consider in evaluating your project against this criterion. If there is information already provided in other parts of the application, please indicate where so you don’t have to repeat it. - Project provides co-benefits and alleviates multiple stressors within communities, such as improving public health, providing recreational amenities, reducing the pollution burden, improving flood protection, habitat enhancement or other environmental benefits.
- Project increases equity and environmental justice by benefitting underserved and/or frontline communities.
- Project increases community-preparedness or resilience to future climate change impacts such as drought.
- Project increases carbon sequestration.
- Project provides benefits to the community, such as: job training, job creation, workforce development, support for increased civic engagement, leadership development opportunities, funding for education, and volunteer opportunities. - Urban parks, urban trails, education centers, and waterfront revitalization projects include consideration of anti-displacement strategies where appropriate. Please see Appendices for additional information.
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• (Question 12) Project was (or will be) planned with meaningful community engagement and broad community support (1-3 paragraphs). Summarize how you have (or will) engaged relevant communities in the planning of this project. Also, describe the community support for this project. The list below provides examples of meaningful community engagement. We will be looking for this type of engagement in evaluating your project against this criterion. If there is information already provided in other parts of the application, please indicate where so you don’t have to repeat it. - Engage with communities in public co-visioning processes before projects are developed to reflect community needs. Project concepts that are anchored in community priorities and expertise.
- Communities engaged in meaningful way to build mutual trust and relationships.

Examples could include: 1) process involves staff, board members, or consultants who have worked in or are from respective community or 2) process includes dialogue between all affected and necessary parties, or direct involvement of local community groups.
- Engagement process addresses unequal power dynamics between communities and government, historic inequity, injustices, and trauma. Communities have a decisionmaking role in the development of the project. - Community is represented on applicant’s staff, board, or within the project’s planning group, or project is partnering with local community-based organizations. - Engagement process makes it easy for community members to participate by, for example, providing stipends, meeting in convenient locations, using virtual venues, or providing childcare and food.
- Project team has a track record working within communities and incorporating insights gained from community engagement into project planning. - Materials developed during or as a result of the project are made available in multiple languages that are representative of the languages spoken in the engaged community.
- Question 9 pertains to meaningful community engagement with tribes, so focus this response on any engagement with other communities.

TASKS AND SCHEDULE
This section is one of the most important for communicating what the requested Conservancy grant will be used for and what will be provided to the Conservancy as a result of this work. In the Project Description section, you listed the Project Activities – a big picture summary of what 421
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will be done. In this section, you should specify the details (Tasks) of how those activities will be carried out. For each task, you should include a very brief description and list of deliverable documents (including photos and maps) that would result from the task. The tasks and deliverables vary significantly by project type. Below are some examples of how you might fill out the Tasks & Schedule table for standard acquisition, planning, and implementation projects.

If your project covers more than one project type, you can use tasks and deliverables from multiple tables. You may add or remove tasks as needed to best convey your project to us. The exact tasks, descriptions, deliverables and dates in the example tables below are just examples – please fill out the table to reflect your actual project.

Acquisition Projects
Project Tasks Description Deliverables (Documents
and Files)
Start
Date –
End Date
1 Pre-Acquisition
Complete pre-acquisition due
diligence.
• Appraisal
• Purchase and Sale
Agreement
• Phase 1 Environmental
Site Assessment
• Preliminary Title Report
• Draft Escrow
Instructions
March
2021 –
March
2023
2 Acquisition
Complete final documents needed for
closing and provide documents postclosing.
• Recorded documents
• Grant Deed
• Conservancy Offer to
Dedicate or other
instrument protecting
the State’s investment
• Final Closing Statement
April
2023
3 Other (Explain) •
Planning Projects
For planning projects, make sure to specify the level of design that will be prepared (conceptual, 30%, 60%, final design, etc.).

Project Tasks Description Deliverables (Documents and
Files)
Start Date –
End Date
1 Project
Management
and
Administration
Activities related to grant
management, managing
project logistics, and funding.
• Progress reports
• Invoices
March 2021-
Jan 2024
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Project Tasks Description Deliverables (Documents and
Files)
Start Date –
End Date
2 Community
Engagement
List anticipated methods of
engagement: Outreach to
find community engagement
partner organizations,
conducting community
meetings at existing
community events, social
media campaign for
outreach.
• Summary of community
workshops and outcomes
• Slide deck and notes from
community meeting
March 2021-
Jan 2024
3 Technical
Studies
Conducting studies needed
to inform project design,
including vegetation/
ecology studies, fish
monitoring, topographical
surveys, hydrology and
hydraulic studies, and a
cultural resources study.

List studies such as:
• Baseline biological
surveys
• Topographical surveys
• Hydrology and Hydraulics
• Cultural Resources
July 2021-
Jan 2022
4 Design Drawings
and
Specifications
Developing draft and final
30% and 60% designs
• Draft 30% designs
• Final 30% designs
• Draft 60% designs
• Final 60% designs
Dec 2021 –
Jan 2023
5 Environmental
Review
Working on CEQA document
• Completed CEQA EIR Jan 2023-
Jan 2024
6 Permitting Early coordination with
permitting agencies
• Notes from meetings with
regulators March 2024
7 Other (Explain) •
Implementation Projects
Project Tasks Description Deliverables (Documents and
Files)
Start Date –
End Date
1 Project
Management
and
Administration
Coordinating with SCC and
other funders to keep them
informed on progress,
completing required preconditions, and submitting
invoices.
• Progress reports
• Invoices
March 2021-
Dec 2023
2 Community
Engagement
Implementing community
engagement plan throughout
the project, prepping for and
hosting community meetings
for outreach, hosting
volunteers for restoration
planting.
• List of restoration
volunteers and hours
worked
• Notes from 3 community
meetings
April 2021-
October
2021
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Project Tasks Description Deliverables (Documents and
Files)
Start Date –
End Date
3 Final Design and
Permitting, if
applicable
Developing plans, specs and
estimates and completing
permitting
• 100% designs, including
plans, specs & estimates
• Completed permits
March 2021-
May 2021
4 Construction
Management
Construction management
consultant will administer
the construction contract
and perform inspections
• Copy of awarded
Construction Management
firm contract & invoices
May 2021-
November
2021
5 Construction
Cost (attach
engineer’s cost
estimate or
other detailed
cost estimate)
Construction of public access
and restoration features. • Contractor invoices
• As-built plans,
before/during/after
photos, installed funding
sign
May 2021-
November
2021
6 Environmental
Compliance (if
not included
above)
Conducting required
monitoring and trainings
throughout construction per
CEQA requirements
• Copies of archaeological
monitoring plan, biological
resource sensitivity
training materials, post
construction biological
monitoring plan
April 2021-
November
2021
7 Monitoring and
Adaptive
Management
Monitoring after
construction completion for
2 years to determine need
for any change in
management actions
• Copy of monitoring
reports
December
2021 –
December
2023
8 Other (Explain) •
Permits
Planning and Implementation projects only. Check the permits needed to undertake the project. Links to permitting information are provided in the table below.

Name of permit Secured Pending
Included in
Scope of
Application
☐ Coastal or Shoreline Development Permit ☐ ☐ ☐
☐ Local Grading, Vegetation, or Other permit
Contact your local County/City planning department ☐ ☐ ☐ ☐ CDFW Lake/Streambed Alteration Permit (1600) ☐ ☐ ☐
☐ CDFW California Endangered Species Act Take
Authorization ☐ ☐ ☐
424
Item 8 C.

II. APPLICATION PACKAGE
28 October 2023
☐ 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 ☐ ☐ ☐

PROJECT COST ESTIMATE
The project cost estimate should provide the current estimated project cost and should indicate how you anticipate applying the Conservancy grant to those costs. Note, we understand that the amount of each task may change between when you apply for a grant and when you receive the grant. We also understand that how you want to allocate the Conservancy’s grant, if awarded, may also change. If you are awarded a Conservancy grant, we will work with you to address necessary budget changes.

Fill in the Project Cost Estimate table in the application, matching the tasks in the Project Cost Estimate table with the tasks you’ve listed in the Task and Schedule table from the previous section. Below are some examples of budget tables that match the example Task and Schedule tables above.

Capitola City CouncilSeptember 25, 2025

Capitola City Council
September 25, 2025