Agenda packet — Capitola City Council, April 30, 2026

REVISED 4/29/2026 AT 4:50 PM
City of Capitola
Special City Council Meeting Agenda
Thursday, April 30, 2026 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Morgan
Vice Mayor: Gerry Jensen
Council Members: Joe Clarke, Melinda Orbach, Susan Westman Closed Session – 5:30 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov’t. Code §54956.9(d)(2), (e)(1).

One Case
ii. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov’t. Code §54956.9(d)(2), (e)(3) One Case
Special Meeting of the Capitola City Council – 6 PM

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

2. 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 4A - Correspondence Received
B. Item 4B - Staff Memorandum with Updated Report, Recommendation, and Attachments & Correspondence Received

3. Report on Closed Session

4. 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 1 Special City Council Meeting Agenda – April 30, 2026
City of Capitola Page 2
item: 1) Staff explanation; 2) Council questions; 3) Public comment; 4) Council deliberation; 5) Decision.

A. Resolution Declaring the City of Capitola’s Intent to Initiate Procedures to Transition From AtLarge Elections to District-Based Elections Pursuant to Elections Code Section 10010; Approving the Tentative Timeline and Other Related Actions.

Recommended Action: Adopt a resolution declaring the City’s intent to initiate procedures to transition from at-large elections to district-based elections pursuant to California Elections Code Section 10010, and approving the tentative timeline and other related actions.

B. Agreement for Demographer Consultant
Recommended Action: 1) Authorize the City Manager to execute an agreement with a consultant to be recommended by the Council ad-hoc subcommittee for demographer and mapping consultant services to transition the City to by-district elections, in an amount to be recommended by the Council ad-hoc subcommittee; and 2) adopt a resolution amending the FY 2025-26 budget for expenditures related to the transition to by-district elections.

5. Adjournment
The next regularly scheduled City Council meeting is on May 14, 2026, 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
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.

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

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

Agenda Materials Distributed after Distribution of the Agenda Packet: Pursuant to Government Code §54957.5, materials related to an agenda item submitted after distribution of the agenda packet are available for public inspection at the Reception Office at City Hall, 420 Capitola Avenue, Capitola, California, during normal business hours.

Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990. Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475-7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products.
2 Special City Council Meeting Agenda – April 30, 2026
City of Capitola Page 3
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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. 3 4
Item ii.
5 Item ii.
6 Item ii.
7 Item ii.
1 Gautho, Julia
From: michael routh <[email protected]>
Sent: Sunday, April 26, 2026 7:36 PM
To: City Council
Subject: Question about districts and the voting rights act Follow Up Flag: Follow up
Flag Status: Flagged
Hello Council Members,
In order to saƟsfy the VoƟng Act requirements and respond posiƟvely to a potenƟal law suit, must the city create 5 districts? Would 2 or 3 suffice with the remaining seats be filled at large? There are many quesƟons to be answered before the city moves in this direcƟon under threat of a law suit.

ElecƟng the Mayor separately gives one individual too much power. Capitola is and has always had a city manager form of local government. Changing to a strong mayor form is a major change that could result in long term damage and division in Capitola. Just looking at the power Mayor Keely has consolidated in Santa Cruz is not the form of representaƟve government Capitola needs.

Our community is so small, one county wide organizaƟon could put forth a mayoral candidate and use their resources to elect someone who would aƩempt to ignore the wishes of the community and push a personal agenda. We have seen that happen with the mid-county DCC and FORT pushing the elecƟon of Melinda Orbach. Just imagine the consequences if she or someone like her were elected as a Strong Mayor for a term of 4 years. It would be interesƟng to see the source that precipitated this threat of a law suit.

Please give this threat to Capitola's parƟcipatory form of democraƟc government serious consideraƟon and weigh the long term consequences of any decision you make.

Mick Routh
Former Mayor
Sent from my iPad
8 Item 2 A.
1 Gautho, Julia
From: Rebecca Garcia <[email protected]>
Sent: Monday, April 27, 2026 1:59 PM
To: City Council
Subject: COUNCIL MEMBERS
Attachments: Capitoal Districts 2.docx
Please forward the attached letter to all the council members. It's about District Elections. Thank you.

Rebecca J. García
9 Item 2 A.

April 27, 2026
Dear Council Members,
Capitola City has received a letter alleging that the city’s At-large voting system for the City Council is in violation of the California Voting Rights Act and has asked you to voluntarily transform to District elections . I would suspect that each of you are advocates of equity, diversity, and inclusion. As a community member and later as a City Council member and Mayor I experienced that District elections in Watsonville do create the equity, diversity, and inclusion we all want for our community members.

To give you some history the community of Watsonville filed a lawsuit against the City in 1986 to change from at-large elections to single-member district elections. As a Latina I was convinced that District elections would create more inclusion, diversity and equal representation on the City Council. In the previous 14 years eight Latinos had run for city council and none had been elected. I helped organize community members to speak at Council meetings advocating for this lawsuit. It was always standing room only.

We lost our case at the lower court, but we won at the U.S. 9th Circuit court of Appeals.

However, the city insisted and paid over $1 million dollars and appealed to the Supreme Court. The Supreme Court refused to hear the City’s appeal so the Appellate Courts decision stood.

I was elected to the Watsonville City Council in November 2014. As a city council member of District 5 I had to listen to my constituents who would call, email, or text me.

My responsibly was to individually responds to each of them but my advocacy always remained to not only support the issues of my District, but also support the City as a whole. An example is that a member who was a Senior from my District called me to say that her landlord had increased her rent 30% and she would become homeless. As a City Council member I was familiar with the resources available in the City that could help her resolve that rent increase. At a Council meeting I reported the incident and because the meeting is televised all members watching learned of those resources.

Another example is at the beginning of COVID many in my District contacted me about loosing their jobs and or their hours being reduced and they were fearful of being evicted from their homes. I happened to be Mayor that year and I recommended to the 10 Item 2 A.

Council and they unanimously approved a Resolution to avoid eviction by paying only half of the rent which would still be owed to pay back. This Resolution applied to the entire City and not just my District. A few month later the State passed that same Resolution.

The map originally created by the demographer will need to be revised every 10 years based on the Census data. In Watsonville a council member of the seven districts selects a representative to form an ad hoc committee to recommend to the demographer how the districts should remain or change to better provide equity and inclusion. The committee is making community based recommendations. However, it is the Council as a whole who makes the final decision on a district map.

I encourage you to consider creating single.member district elections vs having at-large elections. In a District residents are more comfortable contacting someone whom they elected and is a fellow neighbor. Representing a District and not city wide I was able to knock on doors to hear what my constituents were thinking on issues affecting their neighborhood. I also had District meetings that invited all to address city wide issues like safety and traffic. . Under the Brown Act I could talk to two other council members to address issues that were similar in their Districts and together we could advocate on those issues. Currently on the Watsonville City Council their are three Latino members. This could not have happened without District Elections. District elections do lead to equity, diversity, and inclusion. As an elected official this is what we want for those who elected us and we represent. You can contact me at [email protected] should you have any questions.

Sincerely,
Rebecca J. García
11 Item 2 A.
1 Gautho, Julia
From: John <[email protected]>
Sent: Wednesday, April 29, 2026 11:49 AM
To: City Council; City Clerk; Goldstein, Jamie ([email protected]) Subject: District Elections
Considering how long I’ve worked for this outcome, it should come as a surprise to none of y’all that I am for this. I’m a tree. I slowly grow in all direcƟons at once.

To survive the inevitable counter suit y’all need to put this on the ballot in the November general. And you need to pay an overpriced low level consultant to do a study fast. And if we are doing this do it right like SC did, have a real mayor to hold accountable. Or at least 1 at large member. Keep the system slightly unstable or the most organized will take control over Ɵme and that is likely the side that listens to me and I only kind of like some of them.

Missed Y’all. I’ll running this cycle isn’t that fun.

Warmly JM
12 Item 2 A.
1 Gautho, Julia
From: michael routh <[email protected]>
Sent: Wednesday, April 29, 2026 12:56 PM
To: City Council
Cc: Goldstein, Jamie ([email protected])
Subject: Item 4A
Please forward this to the City Attorney,
Mayor and Council members,
Before the council proceeds with establishing voting districts based on the threatened law suit, you should get an opinion on the impact of yesterday’s Supreme Court decision modifying Section 2 of the Voting Rights Act. Since the demand the city create districts for city council elections, and the fact that the demand and the potential lawsuit against the city seems to be based on Section 2 of the Voting Rights Act, the court decision may negate the entire premise of the lawsuit to require districts.

Below is from an analysis of the Supreme Court decision. It appears to negate the entire legal basis requiring Capitola to initiate district elections.

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Mick Routh
Former Mayor
Sent from my iPad
13 Item 2 A.
1 Gautho, Julia
From: Mick <[email protected]>
Sent: Wednesday, April 29, 2026 1:43 PM
To: City Council
Cc: Goldstein, Jamie ([email protected])
Subject: Item 4A
Mayor and Council members,
One more thing in addiƟon to my previous leƩer re:Item 4A - there is no longer a need for a demographic study since race/ ethnicity is no longer a criteria for form voƟng districts.

Mick Routh
Sent from my iPhone
14 Item 2 A.
1 Gautho, Julia
From: Kevin Maguire <[email protected]>
Sent: Wednesday, April 29, 2026 3:46 PM
To: City Clerk; City Council
Subject: Public Comment — April 30 Special Meeting — Items 4A and 4B Dear Mayor Morgan and Council Members,
I submit the following comments for the public record on tonight's two items.

ON ITEM 4A — RESOLUTION OF INTENT
I support the transition and commend the resolution language explicitly disputing the underlying CVRA allegations. This is a fiscally responsible decision made under legal pressure — not an admission of wrongdoing.

Two requests on sequencing and transparency:

First, the resolution confirms November 2028 as the first district election cycle, with two seats opening. I ask the Council to commit that sequencing will be driven by the CVRA's remedial purpose — meaning the districts with the highest Latino population concentration should be among the first to go to voters in 2028, not simply whichever seats happen to expire when.

Second, because 2026 candidates will run at-large without knowing which district they'll land in or whether that district votes in 2028 or 2030, I ask that the tentative sequencing plan be made transparent as early in the process as possible. Prospective 2026 candidates deserve that information when making filing decisions. This is a basic good-governance transparency question.

ON ITEM 4B — NDC AND DISTRICT STRUCTURE
NDC is a strong selection. Their online public mapping tool and commitment to analyze all publicly submitted maps is genuine community participation. I ask that outreach to use this tool — in English and Spanish — reaches residents of the 41st Avenue corridor, the Jewel Box neighborhood, Depot Hill, the Village, and our mobile home park community before the first hearing on May 14.

I also ask that NDC present Citizen Voting Age Population — CVAP — data prominently at every hearing.

Total population percentage is not the operative legal metric for CVRA compliance. CVAP is. The community deserves to understand the difference.

On structure: I understand the Council is considering five districts versus four districts plus an elected mayor. I note that seven districts is also a legally available option under Government Code section 34871 for a general law city, and may better serve a community with Capitola's depth of engaged neighborhood residents. I ask that NDC model both five-district and seven-district scenarios so the Council and community can make an informed structural choice. The average district population of approximately 1,357 in a seven-district plan deserves full public discussion before the Council commits to a structure. 15 Item 2 A.
2 ON RESIDENCY REQUIREMENTS
I want to update and sharpen my prior request on this issue based on further research.

California constitutional case law, including multiple California Supreme Court decisions and a published Attorney General opinion, establishes that durational residency requirements above 30 days for local office are constitutionally vulnerable absent a compelling interest. My earlier suggestion of 60 days was not the right threshold. I withdraw that and instead recommend the Council direct the City Attorney to model Capitola's residency ordinance on the San Bernardino and Fresno frameworks — California's most defensible and administratively mature models.

What those cities require is not a long waiting period — it is a rigorous document bundle: proof of occupancy such as a deed or signed lease, a government-issued ID or DMV record at the district address, a service-address utility bill, and a signed affidavit under penalty of perjury. That bundle is verified by the City Clerk before nomination papers are issued. San Bernardino also requires annual reverification by sitting councilmembers each December.

This approach ensures that whoever asks a community of interest to trust them with representation has genuine roots there — verified through documents, not just a declaration. It is legally sound, administratively clean, and a natural complement to everything this transition is intended to accomplish.

I ask the City Attorney to review San Bernardino Resolution No. 2023-140 and Fresno's Council and Mayor Residency Act, and bring a recommended framework to Council as part of the transition ordinance. (Other notable cities: Upland, Coalinga, Santa Ana, Placentia, Encinitas, Richmond, City of Orange)
Thank you.

Kevin Maguire
Capitola, CA
16 Item 2 A.
1 Gautho, Julia
From: Michael routh <[email protected]>
Sent: Wednesday, April 29, 2026 3:47 PM
To: City Council
Subject: item 4A
17 Item 2 A.
18 Item 2 A.
3 Sent from my iPad
19 Item 2 A.

Memo
To: City Council
From: Julia Gautho, City Clerk
Date: April 30, 2026
Re: Item 4B – Updated Report, Recommendation, and Attachments Mayor and City Council,
On April 23rd, the City Council formed an ad-hoc subcommittee, composed of Mayor Morgan and Vice Mayor Jensen, to review responses to staff’s issued request for proposals (RFP) for a demographer/mapping consultant to aid the City in its transition to district-based elections.

The ad-hoc subcommittee worked with staff to review proposals and interview the top two ranking proposers. Based on the ad-hoc subcommittee and staff’s recommendation, please find attached a revised report, recommendation, and attachments for Council consideration on April 30th.

CITY MANAGER DEPT.
20 Item 2 B.

Capitola City Council
Agenda Report
Meeting: April 30, 2026
From: City Manager Department
Subject: Agreement for Demographer Consultant
Recommended Action: 1) Authorize the City Manager to execute an agreement with National Demographics Corporation for demographer and mapping consultant services to transition the City to by-district elections, in an amount not to exceed $35,000 as recommended by the City Council Ad Hoc Committee; and 2) adopt a resolution amending the FY 2025-26 budget for expenditures related to the transition to by-district elections.

Background: The City of Capitola currently elects its five Council Members at-large. On March 19, 2026, the City received a letter from Shenkman & Hughes PC, alleging a violation of the California Voting Rights Act (CVRA) and threatening litigation unless the City transitions to a district-based election system. The letter alleges the current system dilutes the power of Latino voters.

On April 30, 2026, the Council will consider adopting a resolution of intent to transition to by-district elections. If such a resolution is adopted, staff recommends contracting with a consultant to assist the City in its transition to districts.

The scope of services required by the RFP includes:
• Serving as the lead demographer to draw district maps in accordance with the CVRA and the FAIR MAPS Act.
• Conducting demographic analysis of the City’s population using the latest census data. • Facilitating a robust public outreach process, including public hearings to gather community input on "communities of interest."
• Partnering with City legal counsel and staff to ensure the transition meets all legal deadlines for the 2026 or 2028 election cycles.

As part of the April 23rd direction provided to staff, Council formed an ad-hoc subcommittee composed of Mayor Morgan and Vice Mayor Jensen to work with staff on reviewing responses and interviewing selected consultants. Staff and the ad-hoc subcommittee reviewed the proposals based on the scope of work, including the quality of proposed mapping methodologies and the consultant's experience with CVRA transitions. Following an interview and a reference check, staff and the ad-hoc subcommittee recommend awarding the agreement to National Demographics Corporation (NDC).

NDC has more than 40 years of experience districting and redistricting hundreds of cities, school districts and other local jurisdictions across California, including the City of Santa Cruz, Santa Cruz City Schools, the Santa Cruz Harbor District, Central Fire District, Pajaro Valley Health Care District, and Pajaro Valley Water Management Agency. As the City’s selected consultant, NDC will share its experience and expertise, but the final plan is selected by the jurisdiction’s elected leaders, not NDC. 21 Item 2 B.

NDC’s proposal included several optional project elements, some of which staff recommends including in the proposed agreement (Attachment 1). In an effort to include as much public engagement as possible, staff recommends including NDC’s online mapping tool for the public’s use for the duration of this project. NDC’s online mapping tool options provide user support, hosting, managing, and processing submitted plans in an online interactive system that allows the public to draw and submit proposed maps through a standard web browser. For residents who would prefer a paper option, NDC offers a “Public Participation Kit” that includes paper maps for the public to provide input on.

In addition to this add-on service, staff recommends that NDC attend each of the five proposed meetings in person. In-person attendance will allow NDC to familiarize themselves with Capitola’s geography and community and obtain public input directly from constituents in the City’s regular meeting setting. Staff also recommends including a contingency fund, in the event additional work become necessary.

NDC’s cost proposal includes the following:

Basic Project Elements (Covers
everything except for permeeting and optional expenses) $12,500
Per-Meeting Expense: In Person
Attendance at 5 Meetings
$15,000
Optional Project Element:

Online Mapping Tool and Public
Participation Kit
$4,000
Contingency – Additional
Outreach, Meetings, etc.
$3,500

TOTAL COST
(NOT TO EXCEED)
$35,000
In addition to the outreach efforts included in NDC’s scope of work, staff is recommending budgeting funds for additional engagement for the duration of this project. This funding would include two separate postcards mailed to residences in the City in English and Spanish, legal notices for the increased number of public hearings, and additional outreach on the City website and social media.

Fiscal Impact: In addition to the not-to-exceed $35,000 consultant contract, staff also suggests increasing the overall project budget by $10,000 for increased public engagement. That funding would be used to pay printing and postage for two mailers to residents of the City and increased legal noticing costs.

Additional outreach, including regular updates to the City website and social media, will not incur any costs other than staff time.

The total project budget of $45,000 was not included in the adopted budget, therefore staff recommends adopting a resolution approving a budget amendment to allocate funding from Contingency Reserves.

Attachments:

1. Agreement

2. Resolution
Alignment with 2025-2029 Strategic Plan Priority: Accountable Government Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Marc Tran, City Attorney
Approved By: Jamie Goldstein, City Manager
22 Item 2 B.

CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT
Demographic and Mapping Consulting Services
National Demographics Corporation
THIS AGREEMENT is entered into on April 30, 2026, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and National Demographics Corporation, hereinafter called "Consultant".

WHEREAS, City desires certain services described in Appendix One and Consultant is capable of providing and desires to provide these services;
NOW, THEREFORE, City and Consultant for the consideration and upon the terms and conditions hereinafter specified agree as follows:

SECTION 1
Scope of Services
The services to be performed under this Agreement are for demographic and mapping consulting services and further detailed in Appendix One.

SECTION 2
Duties of Consultant
All work performed by Consultant, or under its direction, shall be sufficient to satisfy the City's objectives for entering into this Agreement and shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession.

Consultant shall not undertake any work beyond the scope of work set forth in Appendix One unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

If, in the prosecution of the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, nevertheless, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with City staff (including Jamie Goldstein, City Manager, Julia Gautho, City Clerk, Marc Tran, City Attorney) or other City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant's services described in Appendix One. Such meetings shall be held at the request of either party hereto. Review and City approval of completed work shall be obtained monthly, or at such intervals as may be mutually agreed upon, during the course of this work.

SECTION 3
Duties of the City
City shall make available to Consultant all data and information in the City's possession which City deems necessary to the preparation and execution of the work, and City shall actively aid and assist Consultant in obtaining such information from other agencies and individuals as necessary.

City staff may authorize a staff person to serve as their representative for conferring with Consultant relative to Consultant's services. City shall not control or direct the manner in which the services are to be performed. However, the work in progress hereunder shall be reviewed from time to time by City at the discretion of City or upon the request of Consultant. If the work is satisfactory, it will be approved. If the 23 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 2 ends

work is not satisfactory, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4
Fees and Payment
Payment for the Consultant's services shall be made upon a schedule and within the limit, or limits shown, upon Appendix Two. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in carrying out the work. If Consultant is compensated on an hourly basis, Consultant shall track the number of hours Consultant, and each of Consultant’s employees, has worked under this Agreement during each fiscal year (July 1 through June 30) and Consultant shall immediately notify City if the number of hours worked during any fiscal year by any of Consultant’s employees reaches 900 hours. In addition, each invoice submitted by Consultant to City shall specify the number of hours to date Consultant, and each of Consultant’s employees, has worked under this Agreement during the current fiscal year.

SECTION 5
Changes in Work
City may order major changes in scope or character of the work, either decreasing or increasing the scope of Consultant's services. No changes in the Scope of Work as described in Appendix One shall be made without the City's written approval. Any change requiring compensation in excess of the sum specified in Appendix Two shall be approved in advance in writing by the City.

SECTION 6
Time of Beginning and Schedule for Completion
This Agreement will become effective when signed by both parties and will terminate on the earlier of:
⚫ The date Consultant completes the services required by this Agreement, as agreed by the City; or ⚫ The date either party terminates the Agreement as provided below.

Work shall begin on or about May 1, 2026.

In the event that major changes are ordered or Consultant is delayed in performance of its services by circumstances beyond its control, the City will grant Consultant a reasonable adjustment in the schedule for completion provided that to do so would not frustrate the City's objective for entering into this Agreement.

Consultant must submit all claims for adjustments to City within thirty calendar days of the time of occurrence of circumstances necessitating the adjustment.

SECTION 7
Termination
City shall have the right to terminate this Agreement at any time upon giving ten days written notice to Consultant. Consultant may terminate this Agreement upon written notice to City should the City fail to fulfill its duties as set forth in this Agreement. In the event of termination, City shall pay the Consultant for all services performed and accepted under this Agreement up to the date of termination. 24 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 3 ends

SECTION 8
Insurance
Consultant shall procure and maintain for the duration of the contract and for one year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California, and Employer’s Liability Insurance.

4. Professional (Errors and Omissions) Liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage shall include contractual liability.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability:
(including operations,
products and completed
operations)
$1,000,000 per occurrence and $2,000,000 in
aggregate (including operations, for bodily injury,
personal and property damage.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. 4.

Employer’s Liability Insurance
Errors and Omissions
Liability:

Limits
$1,000,000 per accident for bodily injury and
property damage.
$1,000,000 per claim and $2,000,000 in the
aggregate.
25 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 4 ends

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Capitola, its officers, officials, employees and volunteers are to be covered as additional insured’s as respects: liability arising out of work or operations performed by or on behalf of the Consultant or automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Capitola for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 9
Indemnification
For General Services: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, employees from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses (including attorneys’ fees and costs) arising from the acts or omissions of Consultant’s employees or agents in any way related to the obligations or in the performance of services under this Agreement, except for design professional services as defined in Civil Code § 2782.8, and except where caused by the sole or active negligence, or willful misconduct of the City. 26 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

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For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, and employees from and against any and all claims, demands, actions, liabilities, damages, or expenses (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s employees, or agents in any way related to the obligations or in the performance of design professional services under this Agreement as defined in Civil Code §2782.8, except where caused by the sole or active negligence, or willful misconduct of the City. The costs to defend charged to the Consultant relating to design professional services shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8.and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant, Consultant’s employees, agents or subcontractors, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

SECTION 10
Civil Rights Compliance/Equal Opportunity Assurance
Every supplier of materials and services and all consultants doing business with the City of Capitola shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, consultant shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age or sex with respect to hiring, application for employment, tenure or terms and conditions of employment. Consultant agrees to abide by all of the foregoing statutes and regulations.

SECTION 11
Legal Action/Attorneys' Fees
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he or she may be entitled. The laws of the State of California shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 12
Assignment
This Agreement shall not be assigned without first obtaining the express written consent of the City Manager after approval of the City Council.

SECTION 13
Amendments
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City Council, or an officer of the City when the City Council may from time to time empower an officer of the City to approve and authorize such amendments. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Appendix Two. Such authority is retained solely by the City Council. Unless expressly authorized by the City Council, Consultant's compensation shall be limited to that set forth in Appendix Two. 27 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 6 ends

SECTION 14
Miscellaneous Provisions

1. Project Manager. City reserves the right to approve the project manager assigned by Consultant to said work. No change in assignment may occur without prior written approval of the City.

2. Consultant Service. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Licensure. Consultant warrants thereby represents that he or she has an established trade, occupation, or business in the same nature of services Consultant is performing under this Agreement.

Consultant warrants that he or she has complied with any and all applicable governmental licensing requirements.

4. Other Agreements. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter, and no other agreement, statement or promise related to the subject matter of this Agreement which is not contained in this Agreement shall be valid or binding.

5. City Property. Upon payment for the work performed, or portion thereof, all drawings, specifications, records, or other documents generated by Consultant pursuant to this Agreement are, and shall remain, the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with the City's use and/or occupancy of the project. The drawings, specifications, records, documents, and Consultant's other work product shall not be used by the Consultant on other projects, except by agreement in writing and with appropriate compensation to the City.

6. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred for this project. Such records and documentation shall be kept available at Consultant's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final City payment for Consultant's services.

7. Independent Contractor. In the performance of its work, it is expressly understood that Consultant, including Consultant's agents, servants, employees, and subcontractors, is an independent contractor solely responsible for its acts and omissions, and Consultant shall not be considered an employee of the City for any purpose. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee of the City.

8. Conflicts of Interest. Consultant stipulates that corporately or individually, its firm, its employees and subcontractors have no financial interest in either the success or failure of any project which is, or may be, dependent on the results of the Consultant's work product prepared pursuant to this Agreement.

9. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:
28 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 7 ends

CITY CONSULTANT

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
National Demographics Corporation
PO Box 5271
Glendale, CA 91221
818-254-1221
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________
Douglas Johnson, President
Dated:________________________________ Dated:_______________________________ Approved as to Form:
_______________________________
Marc Tran, City Attorney
29 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 8 ends

APPENDIX ONE
Scope of Services
30 Item 2 B.

National Demographics Corporation

Page 1 ends

April 27, 2026
Scope of Work: Basic Project Elements (updated)
Districting Project Setup and coordination:
 Development of a demographic database including Census Bureau and California Statewide data of total population, citizen voting age population, voter registration, voter turnout, and socio-economic data on language spoken at home, renters vs homeowners, age, education level, current precinct boundaries, and other factors useful in identifying communities of interest;
 Incorporation of any Geographic Information System (GIS) data that the jurisdiction wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries);
 Initial telephonic discussion with about data, communities of interest, schedule, criteria and special concerns of the jurisdiction; o Assist jurisdiction with developing a communications plan for public outreach, including suggestions for webpage content and design, public feedback logistics, and strategies for engaging constituents; o Assist jurisdiction with developing a project plan, including a detailed timeline, goals and objectives, and specific deliverables list; o Provide progress reports on an as-needed basis as determined by the project manager and meet regularly with project team;
o Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise;
o Provide education and guidance on required redistricting criteria for staff and elected officials;
o Preparation and delivery of reports required under Elections Code Section 21130(b);
Initial Public Input Collection:
 NDC will provide sample and template public outreach materials, hearing notices, and staff reports;
 NDC will advise the City on methods to engage, educate and engage residents in this process (for more details, please see this proposal’s separate section detailing this work);
 Present, at Council Public Hearings, at any optional Community Forums, and/or at other events requested by the City, a presentation outlining the process, the timeline, the statutory mapping criteria, the definitions of 31 Item 2 B.

National Demographics Corporation

Page 2 ends

neighborhood and ‘community of interest,’ and the means for the community to participate in the process;
 Facilitate discussion at Council Public Hearings and any (optional) Community Forum(s) regarding neighborhoods, communities of interest, and draft maps (once available);
 Note and report all public input describing neighborhoods and communities of interest in the City;
 Note and report all public input on draft maps;
Districting Plan Development:
 Provide online and paper public mapping tools and instructions on their use;  Creation of 3 to 4 initial draft maps;
 Analysis and preparation for presentation of all whole or partial plans submitted by the public;
 Report on the socio-economic demographics of each district in each draft map, including racial/ethnic data (for Voting Rights Act compliance), income, age, languages spoken at home, single-family- and multi-familyhousing residents, and renters- and owner-occupied estimates.  Conversion of all maps and reports into web-friendly versions;  Online posting of all maps to an interactive review website;  Present draft maps at Council hearings and any other meetings requested by the City;
 Create any requested additional and/or revised maps as requested; Public Meetings:
 Attend and present at five Council public hearings and/or community forums;
Plan implementation:
 Preparation and delivery of report required under Elections Code Section 21130(f);
 Provide spatial data in GIS-friendly format of any dataset used or created for this project to staff upon request;
 Coordinate with the County Registrar of Voters to ensure implementation of the final adopted plan.

Scope of Work: Contingency Project Elements

1. Virtual attendance at two additional Council hearings or Community Forums.
32 Item 2 B.

National Demographics Corporation

Page 3 ends

4. Cost Proposal

1. Basic Project Elements: ......................................................................... $ 31,500

2. Contingency:
 Virtual attendance at two virtual Council meetings or Community Forums ..................................................................................... $ 3,500 33 Item 2 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
National Demographics Corporation

Page 9 ends

APPENDIX TWO
Fees and Payments
For the services performed, City will pay consultant on a not-to-exceed, lump sum basis upon satisfactory completion of the services and delivery of work products. Payments will be issued monthly as charges accrue.

Consultant hereby represents and warrants, based upon Consultant’s independent determination of the time and labor, which will be required to perform said services, that Consultant will provide all said services at a cost which will not exceed the maximum price set forth in this agreement for Consultant’s services. Consultant hereby assumes the risk that Consultant will perform said services within this maximum price constraint and Consultant acknowledges that its inability to do so shall not excuse completion of the services and shall not provide a basis for additional compensation.

Expenses may include travel, meals and lodging while traveling, materials other than normal office supplies, reproduction and printing costs, equipment rental, computer services, service of subconsultants or subcontractors, and other identifiable job expenses. The use of Consultant’s vehicles for travel shall be paid at the current Internal Revenue Service published mileage rate.

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $35,000 (thirty-five thousand dollars and zero cents), without specific, written advance authorization from the City.

Payments shall be made monthly by the City, based on itemized invoices from the Consultant which list a brief description of the services performed, the date the services were performed, the hours spent and by whom, and a brief description of the actual costs and expenses incurred. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Such payments shall be for the invoice amount. The monthly statements shall contain the following affidavit signed by a principal of the Consultant’s firm:
"I hereby certify as principal of the firm of National Demographics Corporation, that the charge of $_______ as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated April 30, 2026, and has not been previously paid." 34 Item 2 B.

RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AMENDING THE 2025-26 FISCAL YEAR CITY BUDGET
WHEREAS, it is necessary to adopt the 2025-26 Fiscal Year Budget for all City funds; and WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 26, 2025, adopted such budget for the Fiscal Year July 1, 2025, through June 30, 2026; and WHEREAS, on April 30, 2026, the City Council adopted Resolution No. XXXX, declaring the City’s intent to initiate procedures to transition from at-large elections to district-based elections pursuant to California Elections Code Section 10010; and
WHEREAS, the City published a Request for Proposals for demographic and mapping consultant services on April 10, 2026, and received eight proposals in response; and WHEREAS, following review of the proposals and references, staff recommended awarding an agreement to National Demographics Corporation to serve as the City’s demographer during the transition to by-district elections; and
WHEREAS, funding for the transition to district elections, including public engagement and demographic and mapping consultant services (Project), was not included in the FY 2025-26 Budget; and WHEREAS, the City Council finds it necessary to amend the 2025-26 Fiscal Year Budget to allocate funding towards the Project.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2025-26 Fiscal Year Budget is hereby amended as follows: allocate $45,000 from Contingency Reserves to the General Fund for the costs of $35,000 towards the demographic and mapping consultant and $10,000 for public engagement; and BE IT FURTHER RESOLVED that the Finance Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Finance Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 30th day of April, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Margaux Morgan, Mayor
ATTEST:
_________________________
Julia Gautho, City Clerk 35
Item 2 B.

Budget Adjustment Request
Date
04/27/2026
Requesting Department *
Finance
Type of Adjustment
Administrative
Council
Item #
Council Date
April 30, 2026
Council Approval
Revenues
Account Number Account Description Increase/Decrease
1000-99-99-000-3910.101 Interfund Transfer In - Reserves $45,000.00 Total Revenues
$45,000.00
Expenditures
Account Number Account Description Increase/Decrease
1000-10-11-000-4305.900 Contract Services $35,000.00
1000-10-11-000-4305.115 Public Outreach $10,000.00
1010-00-00-000-4910.100 Interfund Transfer Out - GF $45,000.00 Total Expenditures
$90,000.00
Net Impact
-$45,000.00
Purpose
To transfer $45,000 from the Contingency Reserves Fund to General Fund in order to fund the transition to district elections, including public engagement and demographic and mapping consultant services. 36 Item 2 B.

Department Head Approval
Finance Director Approval
City Manager Approval
37 Item 2 B.
1 Gautho, Julia
From: Kevin Maguire <[email protected]>
Sent: Wednesday, April 29, 2026 3:46 PM
To: City Clerk; City Council
Subject: Public Comment — April 30 Special Meeting — Items 4A and 4B Dear Mayor Morgan and Council Members,
I submit the following comments for the public record on tonight's two items.

Two requests on sequencing and transparency:

I also ask that NDC present Citizen Voting Age Population — CVAP — data prominently at every hearing.

Total population percentage is not the operative legal metric for CVRA compliance. CVAP is. The community deserves to understand the difference.

On structure: I understand the Council is considering five districts versus four districts plus an elected mayor. I note that seven districts is also a legally available option under Government Code section 34871 for a general law city, and may better serve a community with Capitola's depth of engaged neighborhood residents. I ask that NDC model both five-district and seven-district scenarios so the Council and community can make an informed structural choice. The average district population of approximately 1,357 in a seven-district plan deserves full public discussion before the Council commits to a structure. 38 Item 2 B.
2 ON RESIDENCY REQUIREMENTS
I want to update and sharpen my prior request on this issue based on further research.

Kevin Maguire
Capitola, CA
39 Item 2 B.

Capitola City Council
Agenda Report
Meeting: April 30, 2026
From: City Manager Department
Subject: Resolution Declaring the City of Capitola’s Intent to Initiate Procedures to Transition From At-Large Elections to District-Based Elections Pursuant to Elections Code Section 10010; Approving the Tentative Timeline and Other Related Actions.

Background: At the April 23, 2026, City Council meeting, the City Council discussed a recent California Voting Rights Act (“CVRA”)1 allegation that the City at-large election system violates the CVRA because the system allegedly dilutes the power of Latino voters and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers.

While the City disputes the allegations in the letter, the City Council unanimously gave direction to staff to proceed with agendizing the resolution of intent to transition from at-large elections to district-based elections.

In response to City Council direction, staff prepared the attached resolution of intent for City Council consideration and action (Attachment 1).

Legal Background: The City currently utilizes an at-large voting system for the election of its City Council Members, under which voters Citywide may vote for all open Council seats. Council Members are elected to represent the City as a whole, rather than specific geographic districts.

The CVRA was enacted in 2001, in part, to provide minority groups in California with tools to prevent dilution of votes in “at-large” election systems – meaning each Councilmember is elected by the registered voters of the entire City. The CVRA prohibits any at-large voting system that hinders the ability of a protected class to elect candidates of its choice or influence the outcome of an election. 2 A violation
of the CVRA is established if racially polarized voting occurs in elections for Council Members or other matters submitted to the voters.
3 The CVRA defines “protected class” as a class of voters who are members of a race, color, or language minority group, as referenced and defined in the Federal Voting Rights Act of 1965 (“FVRA”) 4 . “Racially
polarized voting” is voting in which there is a difference in the choice of candidates or other electoral choices preferred by voters in a protected class, as compared to the rest of the electorate (i.e., the protected class members vote as a bloc, but the majority bloc usually defeats the protected class’s preferred candidate)5.

The CVRA does not require a plaintiff to show that the City, the voters, or the elected officials intended to discriminate against a protected class. Similarly, the fact that members of a protected class are not geographically concentrated does not preclude a finding of racially polarized voting. 6 Instead, a violation
of the CVRA may be established by showing that both racially polarized voting and dilution occur in

1 Cal. Elec. Code §§ 14025-14032.
2 Cal. Elec. Code §§ 14026 and 14027.
3 Cal. Elec. Code §14028(a); see also § 14027.
4 Cal. Elec. Code § 14027(d) citing 52 U.S.C. Sec. 10301 et seq. 5 Cal. Elec. Code § 14027(e) citing 52 U.S.C. Sec. 10301 et seq; Thornburg v. Gingles (1986) 478 U.S. 30, 56. 6 Cal. Elec. Code § 14028(c) and (d).
40 Item 4 A.
elections for members of the governing body. Dilution can be shown where the protected class can show that the at-large election prevents them from electing, either on their own or with the support of crossover voters, their preferred candidate.7
Discussion: Elections Code section 10010 outlines the “safe harbor” for a city to transition to districtbased elections – meaning, if the City transitions within the timeframe prescribed by statute, the City is able to limit its exposure to litigation to a maximum of $30,000 (note that this statutory maximum is adjusted by CPI every year).
8 The timeline is quick, though: the City must adopt a resolution outlining its intent to transition from at-large to district-based elections within forty-five (45) days of receiving a demand letter.9 Capitola received a demand letter on March 19, 2026, so the last day for the City to adopt a resolution of intent is May 3, 2026. After adopting the resolution of intent, the statute permits the City ninety (90) days to complete the transition (July 29, 2026). 10 Timeline for District Development: If the Council decides to proceed with transitioning to district-based elections, the City will be required to hold at least two public hearings over the next thirty (30) days, at which the public is invited to provide input regarding the composition of the districts.11 No official maps can be drawn before the completion of these two (2) public meetings. Once the initial two meetings are complete, a demographer and the public can begin to draw maps that will be considered in the districting process.

The City would then hold at least two additional hearings over the next forty-five (45) days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of elections.12 If a map is selected and is unchanged from what is presented at the 4th public hearing, then a first reading/introduction of an ordinance transitioning to districts and adopting that same map may be conducted at the 4th public hearing. Thereafter, if the selected map continues to be unchanged, then a second reading/adoption of the ordinance may be conducted at a 5th public hearing. Anytime a map is changed, a seven (7) day notice must be published and made available, as applicable, and a subsequent public hearing would have to be held before the map can be considered for adoption. As such, depending on the number and timing of the changes in relation to the ninety (90) day deadline, the tentative timeline (e.g., the number of public hearings) included in Attachment 1 may change.

The City will also need to comply with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (“Fair Maps Act”),
13 which provides criteria the City must use when establishing election district boundaries or when undertaking the redistricting process (which must occur every ten years after each population census). These criteria includes compliance with the United States Constitution, the California Constitution, and the FVRA.14 The Fair Maps Act also prohibits the adoption of district boundaries for the purpose of favoring or discriminating against an incumbent councilmember, political candidate, or political party.15
Staff has prepared a tentative timeline that identifies the preliminary schedule for the required public hearings and public outreach and complies with Elections Code 10010 (see Exhibit A to Attachment 1).

This tentative timeline may change depending on the level of community involvement and the complexity of the map drawing process, provided that the ninety (90) day deadline is met.

Demographer: A demographer will assist by assisting elected officials, staff, and the public through the background of the CVRA districting process, facilitating community input on potential new district boundaries, and overseeing the technical aspects of implementing the new boundaries. Per the City’s

7 Cal. Elec. Code §§ 14026(e), 14028(a); Pico. supra, 15 Cal.5th at p. 314. 8 Cal. Elec. Code § 10010(f)(1)-(3).
9 Cal. Elec. Code § 10010(e)(2).
10 Cal. Elec. Code § 10010(e)(1)-(3).
11 Cal. Elec. Code § 10010(a)(1).
12 Cal. Elec. Code § 10010(a)(2).
13 Cal. Elec. Code § 21100 et seq.
14 Cal. Elec. Code § 21130.
15 Cal. Elec. Code § 21130(d).
41 Item 4 A.

Procurement Policy, City staff solicited proposals from demographer firms by issuing a request for proposals (RFP) and will be recommending awarding an agreement to the selected firm as a separate item on the April 30th agenda. The demographer will attend future public hearings and provide the City Council with analysis and recommendations regarding the maps that will be prepared during the transition process.

Fiscal Impact: If the City Council decides to transition to district-based elections, there will be a fiscal impact due to the costs associated with that transition. Costs include the demographer, which are estimated to be less than $50,000, legal costs, and payment of the plaintiff’s attorneys’ costs of at least $30,000. A budget amendment covering some of these anticipated costs will be presented as a separate item for City Council consideration on April 30th.

Alternatively, if the City Council decides not to transition to district-based elections, the City could incur significant costs relating to litigation. There have been numerous cities that have received a similar letter from various plaintiff’s attorneys threatening legal action under the CVRA. These types of lawsuits are expensive, with cities paying millions of dollars in attorneys’ fees to defend their at-large election system.

To date, however, no public agency has prevailed in such a lawsuit.

Attachments:

1. Resolution of Intent to Transition to District Elections Alignment with 2025-2029 Strategic Plan Priority: Accountable Government Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Marc Tran, City Attorney
Approved By: Jamie Goldstein, City Manager
42 Item 4 A.

RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
DECLARING THE CITY OF CAPITOLA’S INTENT TO INITIATE PROCEDURES TO

TRANSITION FROM AT-LARGE ELECTIONS TO DISTRICT-BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010, APPROVING THE

TENTATIVE TIMELINE AND OTHER RELATED ACTIONS
WHEREAS, members of the Capitola City Council are currently elected in “at-large” elections, in which each City Councilmember is elected by the registered voters of the entire City; and
WHEREAS, California Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an “at-large” system to a “district-based” system in which each councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, on March 19, 2026, the City of Capitola (“City”) received a demand letter from a potential plaintiffs’ attorney, alleging a violation of the California Voting Rights Act (“CVRA”) and threatening litigation if the City declines to voluntarily transition to a district-based system for electing Councilmembers; and
WHEREAS, the letter was not accompanied by any evidence to support the claim of a CVRA violation, and the Council denies that its election system violates the CVRA or any other provision of law, asserts that the City’s election system is legal in all respects, and further denies any wrongdoing whatsoever in connection with the manner in which City Council elections have been conducted; and
WHEREAS, the City is committed to diversity and inclusion with respect to its elections and the Council has determined that the public interest is better served by initiating a process for transition to a district-based election system and thereby avoiding the high costs associated with defending a lawsuit under the CVRA; and
WHEREAS, Elections Code Section 10010 provides a method whereby a jurisdiction can expeditiously transition to a district-based election system and thereby avoid the high cost of litigation under the CVRA if the jurisdiction complies with the “safe harbor” provisions of Elections Code Section 10010; and
WHEREAS, California Elections Code Section 10010 will delay CVRA litigation and cap attorneys’ fees associated with a CVRA claim at $30,000 (as adjusted pursuant to Elections Code Section 10010), if, within forty-five (45) days of receipt of a claim under the CVRA, the City adopts a resolution stating its intent to transition to district based elections, and within ninety (90) days thereafter, the City adopts an ordinance transitioning to a district-based election system consistent with the intent and purpose of the CVRA.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Capitola does hereby make the following findings and determinations:

Section 1. The above recitals are true and correct and incorporated by reference herein.

Section 2. The City Council hereby expresses its intent to transition from an at-large election system to a district-based election system as authorized by Government Code 43 Item 4 A.
4897-6392-8228 v1
section 34886 and Elections Code section 10010 for use in the City’s General Municipal Election for City Councilmembers commencing in November 2028.

Section 3. The City Manager and City Clerk are directed to publicize and post information regarding the proposed transition to a district-based election system, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.

Section 4. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting public hearings to solicit and receive public input regarding proposed district-based electoral maps and district-based election systems, and for the City Council’s evaluation, possible refinement and ultimate adoption of a district-based election system for election of City Council members. The City Council recognizes that this is a tentative timeline and that it may be changed due to circumstances that may arise, including, but not limited to, circumstances relating to the map drawing and public hearing process.

Section 5. Accordingly, the tentative timeline contained in Exhibit A may be adjusted by the City Manager as he deems necessary or appropriate, and that the adjustments conform to Elections Code section 10010.

Section 6. The City Council directs the City Manager to continue to work with the City Attorney and the retained demographer, to resolve all legal issues necessary to give effect to this Resolution and to meet the tentative timelines set forth in Exhibit A.

Section 7. Nothing contained herein shall preclude the City Council from selecting an alternative election system or making any alternative decision, should public input and other evidence indicate that an alternative system or decision is appropriate for the City.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 30th day of April, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Margaux Morgan, Mayor
ATTEST:
_________________________
Julia Gautho, City Clerk
44 Item 4 A.
4897-6392-8228 v1

EXHIBIT A

DATE EVENT ELECTIONS
CODE

COMMENT
3/19/2026 City received certified
demand letter from
Shenkman & Hughes
EC§10010(e)(1)
EC§10010(e)(2)
Before commencing an action to
enforce Sections 14027 and
14028, a prospective plaintiff shall
send by certified mail a written
notice to the clerk of the political
subdivision (“City’) against which
the action would be brought
asserting that the City’s method of
conducting elections may violate
the California Voting Rights Act.

A prospective plaintiff shall not
commence an action to enforce
Sections 14027 and 14028 within
45 days of the City’s receipt of the
written notice described above
(CVRA lawsuit cannot be
commenced until May 3, 2026.)
4/30/2026 Resolution is
considered at Special
City Council Meeting
EC§ 10010(e)(2)
EC§
10010(e)(3)(A)
EC§
10010(e)(3)(B)
Within 45 days of receipt of a
notice, the City may pass a
resolution outlining its intention to
transition from at-large to districtbased elections, specific steps it will undertake to facilitate this
transition, and an estimated time
frame for doing so (“Resolution”).If
the City begins the process of
switching to districts within 45 days
and adopts a resolution to that
effect a potential plaintiff cannot
commence an action within 90
days of the resolution’s passage.

The 90 day deadline is July 29,
2026.

Before First
Public
Hearing
and
throughout
process
Conduct public
outreach, encourage
public participation, and
receive public input
EC§ 10010(a)(1) The City may conduct outreach to
the public, including to nonEnglish-speaking communities, to explain the districting process and
to encourage public
participation.(i.e. farmers market,
public library, public schools,
places of worship, homeowners
associations, and community
organizations)
5/14/2026 1st Public Hearing
(Regular Meeting) EC§ 10010(a)(1)
Before drawing a draft map or
maps of the proposed districts, City
must hold at least 2 public hearings
over a period of no more than 30
days. No maps to review, but take
45 Item 4 A.
4897-6392-8228 v1
public comments on composition of
districts and preferences for district
lines.

Notice of this public hearing
must be provided pursuant to
Elections Code Section 10010(c).
5/28/2026 2nd Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) Before drawing a draft map or
maps of the proposed districts, City
must hold at least 2 public hearings
over a period of no more than 30
days. No maps to review, but take
public comments on composition of
districts and preferences for district
lines.

Notice of this public hearing
must be provided pursuant to
Elections Code Section 10010(c).
6/4/2026 Publish for review first
drafts of district election
maps and potential
sequence of elections
EC§ 10010(a)(2)
EC§ 10010(a)(3)
Publish for review first drafts of
district election maps and potential
sequence of elections. After all
maps are drawn, at least 7 days
before the 3rd public hearing, the
City shall publish and make
available for release at least one
draft map and, if city
councilmembers will be elected in
their districts at different times to
provide for staggered terms of
office, the potential sequence of
the elections.

Notice of this public hearing
must be provided pursuant to
Elections Code Section 10010(c).
6/11/2026 3rd Public Hearing
(Regular Meeting)
EC§ 10010(a)(2)
EC§ 10010(a)(3)
The City shall also hold at least two
additional hearings over a period of
no more than 45 days, at which the
public is invited to provide input
regarding the content of the draft
map or maps and the proposed
sequence of elections, if
applicable.
6/18/2026 Post any new or
amended maps
EC§ 10010(a)(2)
EC§ 10010(a)(3)
Post any new or amended maps.

Maps available for review at least 7
days before consideration at the
4th public hearing.

Notice of this public hearing
must be provided pursuant to
Elections Code Section 10010(c).
6/25/2026 4th Public Hearing EC§ 10010(a)(2) Take public comments on 46 Item 4 A.
4897-6392-8228 v1
(Regular Meeting) proposed maps. Council may
introduce ordinance adopting the
map at this meeting if map is not
changed and selected at this public
hearing. If map is changed at this
meeting, the map will need to be
published again for 7 days and
ordinance cannot be introduced
until 7 days after amended map is
published.
7/23/2026 5th Public Hearing
(Regular Meeting)
If Council makes revisions to map
introduced on 6/18/2026, Council
can re-introduce ordinance
establishing district elections,
including district boundaries and
election sequence and adopt
ordinance at next regular meeting
on 8/27/2026(note the 90 day
deadline, however, is July 29,
2026); or adjourn this regular
meeting to another date to adopt
ordinance; Or
 If no revisions to map prior
to second reading of the
ordinance adopting the
map, Council can adopt
ordinance at this meeting;
Or
 Make further changes to
map without introduction of
the ordinance adopting the
map
7/29/2026 DEADLINE EC§
10010(e)(3)(B)
47 Item 4 A.

RESOLUTION OF INTENT TO

TRANSITION TO DISTRICT-BASED

ELECTIONS
April 30, 2026 48
Item 4 A.

Recommended Action
Adopt a resolution declaring City’s intent to initiate
procedures to transition from at-large elections to
district-based elections pursuant to California
Elections Code Section 10010, and approving the
tentative timeline and other related actions.
49 Item 4 A.

Background
 City uses an at-large voting system for election
of City Council Members
 Council Members represent City as a whole
 CVRA enacted in 2001 to provide minority
groups in California with tools to prevent
dilution of votes in “at-large” election systems
50 Item 4 A.

Background
 3/19/2026: City received letter alleging
violation of California Voting Rights Act (CVRA)
 “Safe Harbor” timeline: 45 days
 4/23/2026: Council provided direction to
staff to schedule 4/30 Special Meeting to
consider resolution of intent and contract for
demographer services
 “Safe Harbor” timeline to adopt districts: 90
days (7/29/2026)
51 Item 4 A.

Districting Timeline

1. City receives letter alleging violation (3/19)

2. Within 45 days, adopts resolution of intent (4/30)

3. Within 30 days, holds 2 public hearings to receive
input on district composition (5/14 & 5/28)

1. No maps drawn till after this stage

4. Publish first draft maps for feedback (6/4)

5. Within 45 days, hold 2 more public hearings to
receive feedback/refine maps (6/11 & 6/25)

6. Final maps adopted (7/23) before deadline (7/29)
52 Item 4 A.

Capitola City Council
Agenda Report
Meeting: April 30, 2026
From: City Manager Department
Subject: Agreement for Demographer Consultant
Recommended Action: 1) Authorize the City Manager to execute an agreement with a consultant to be recommended by the Council ad-hoc subcommittee for demographer and mapping consultant services to transition the City to by-district elections, in an amount to be recommended by the Council ad-hoc subcommittee; and 2) adopt a resolution amending the FY 2025-26 budget for expenditures related to the transition to by-district elections.

On April 23, 2026, the City Council provided direction to staff to prepare a resolution of intent to transition to district elections. This decision was based on the low threshold for establishing a CVRA violation, to avoid uncertainty and cost associated with litigation, and take advantage of certain safe harbor provisions contained in the Elections Code. Also as part of the April 23rd direction, Council formed an ad-hoc subcommittee composed of Mayor Morgan and Vice Mayor Jensen to work with staff on reviewing responses and interviewing selected consultants
On April 30, 2026, the Council will consider adopting a resolution of intent to transition to by-district elections. If such a resolution is adopted, staff recommends contracting with a consultant to assist the City in its transition to districts.

Discussion: On April 10, 2026, City staff published a Request for Proposals (RFP) for demographic and mapping consultant services. To ensure a competitive process, staff proactively notified twelve specialized demographers of the opportunity. The RFP closed on April 20, 2026, and the City received eight proposals. The submitting firms are listed below:
 Collingwood
 Haystaq DNA
 ARC Bridge
 Citygate
 Natl. Demographics Corp.
 Blockwell Consulting
 GEOinovo Solutions Inc.
 Redistricting Partners
The scope of services required by the RFP includes:
 Serving as the lead demographer to draw district maps in accordance with the CVRA and the FAIR MAPS Act.
 Conducting demographic analysis of the City’s population using the latest census data.  Facilitating a robust public outreach process, including public hearings to gather community input on "communities of interest."
 Partnering with City legal counsel and staff to ensure the transition meets all legal deadlines for the 2026 or 2028 election cycles.

Staff and the City Council ad-hoc subcommittee reviewed the proposals based on the scope of work, including the quality of proposed mapping methodologies and the consultant's experience with CVRA transitions. Staff and the ad-hoc subcommittee met with top ranked proposers on April 24th and April 27th. 54 Item 4 B.

Prior to April 30th, the ad-hoc subcommittee will provide a recommendation to the Council on the recommended demographer and costs related to their services.

Fiscal Impact: The consultant agreement’s fee, in an amount to be determined by Council, was not included in the FY 2025-26 budget. Staff recommends adopting a resolution approving a budget amendment to allocate funding for the consultant agreement and increased public engagement related to the change to districts. The funding amount will be determined based on the ad hoc committee recommended consultant.

Attachments:

1. RFP with Template Agreement

RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AMENDING THE 2025-26 FISCAL YEAR CITY BUDGET
WHEREAS, it is necessary to adopt the 2025-26 Fiscal Year Budget for all City funds; and WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 26, 2025, adopted such budget for the Fiscal Year July 1, 2025, through June 30, 2026; and WHEREAS, on April 30, 2026, the City Council adopted Resolution No. XXXX, declaring the City’s intent to initiate procedures to transition from at-large elections to district-based elections pursuant to California Elections Code Section 10010; and
WHEREAS, the City published a Request for Proposals for demographic and mapping consultant services on April 10, 2026, and received eight proposals in response; and WHEREAS, following review of the proposals and references, staff recommended awarding an agreement to [CONSULTANT NAME] to serve as the City’s demographer during the transition to by-district elections; and
WHEREAS, funding for the transition to district elections, including public engagement and demographic and mapping consultant services (Project), was not included in the FY 2025-26 Budget; and WHEREAS, the City Council finds it necessary to amend the 2025-26 Fiscal Year Budget to allocate funding towards the Project.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2025-26 Fiscal Year Budget is hereby amended as follows: allocate [TOTAL FUNDING AMOUNT] from Contingency Reserves to the General Fund for the costs of [CONSULTANT FEE AMOUNT] towards the demographic and mapping consultant and [COSTS FOR PUBLIC ENGAGEMENT] for public engagement; and
BE IT FURTHER RESOLVED that the Finance Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Finance Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 30th day of April, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Margaux Morgan, Mayor
ATTEST:
_________________________
Julia Gautho, City Clerk
56 Item 4 B.

City of Capitola
Request for Proposal for
Demographic and Mapping Consulting Services
Issue Date: April 10, 2026
Proposal Deadline: April 20, 2026
City of Capitola
City Manager Department
420 Capitola Ave.

Capitola, CA 95010
57 Item 4 B.
2 Table of Contents
INTRODUCTION ..........................................................................................................................................................3 BACKGROUND ............................................................................................................................................................3 SCOPE OF WORK.........................................................................................................................................................4 PROPOSAL REQUIREMENTS........................................................................................................................................6 EVALUATION OF PROPOSALS AND NEGOTIATIONS ...................................................................................................6 CONDITIONS AND STIPULATIONS...............................................................................................................................7 ESTIMATED TIMELINE ................................................................................................................................................7 CONTACTS ..................................................................................................................................................................7 SUBMISSION INFORMATION......................................................................................................................................8 ATTACHMENTS ...........................................................................................................................................................9 58 Item 4 B.
3 REQUEST FOR PROPOSAL

DEMOGRAPHIC AND MAPPING CONSULTING SERVICES

INTRODUCTION
The City is seeking to retain Demographic and Mapping Consulting Services – from either an individual consultant or consulting firm (Proposer) – to assist the City in its potential transition from at large elections to by-district elections.

The City seeks a demographer or experienced municipal districting/redistricting consultant that has successfully assisted cities, counties, districts, and/or other California public agencies transition from at large elections to by-district elections in furtherance of the purposes of the CVRA. The Proposer will serve as the lead demographer to draw district maps for the City in accordance with applicable law. The Proposer, in partnership with the City’s legal counsel, City staff, and City Council, will play a crucial role in the City’s work to potentially establish voting districts for Capitola pursuant to a process that incorporates public input.

This Request for Proposal is expected to result in a firm fixed price contract. All proposals must be submitted to the City Clerk’s office electronically at [email protected] by 5:00 P.M. on Monday, April 20, 2026. City staff will confirm receipt of proposals via email. All proposals must be in the format specified and clearly identified with proposal title, name of proposer, and date of proposal closure.

Responding firms shall be solely responsible for any expenses incurred in preparing proposals in response to this request.

The City may select a demographer/mapping consultant firm based on proposal alone or may narrow the field to the top firms (not to exceed three) based on strength of proposal and then conduct interviews to finalize a selection. The City will then initiate contract negotiations with the selected Proposer. Pending successful negotiations, the City will have the Proposer execute the City’s Standard Professional Services Agreement (Attachment A).

BACKGROUND
The City of Capitola is a small coastal community located in Santa Cruz County that occupies approximately two square miles and serves a population of about 10,000. Located on the northern edge of Monterey Bay, approximately 35 miles north of Monterey and 75 miles south of San Francisco, Capitola enjoys a rich history and offers residents diverse recreational opportunities. Capitola Village is located along a sandy beach with expansive views of Monterey Bay and is home to numerous craft galleries, boutiques, and restaurants.

Capitola is a General Law City, which was incorporated on January 11, 1949. The City is subject to the framework and procedures established by State Law and operates under the Council – City Manager form of government. The Council is comprised of five Council Members, all of whom are elected at large. The Council Members serve four-year staggered terms; and the Mayor and Vice-Mayor are selected annually by the Council. The City provides police protection, recreation, building, planning, zoning, administrative services, financial services, street, park and facilities maintenance for Capitola. Independent special districts provide fire protection, water, sewer, and limited drainage services. 59 Item 4 B.
4 The City will administer the proposal process in accordance with the terms and dates outlined in this RFP; however, the City reserves the right to modify the activities, timeline, or any other aspect of the process at any time, as deemed necessary. By requesting proposals, the City is in no way obligated to award a contract or pay the expenses of proposing firms in association with the preparation or submission of a proposal. The award of any contract shall be contingent on the requisite staff and City Council approvals.

SCOPE OF WORK
In order to manage the transition from an at-large election system to a by-district election system, in which the City will be divided into geographical districts of substantially equal populations with each district electing a single council candidate who resides within its boundary, the Contractor must use the most recent federal census data and conform to all applicable laws, transition processes and requirements, including, but not limited to, the California Voting Rights Act; California Elections Code Sections 10010, 14025, 14026-14032, 21100 et seq., 21600 et seq.; and California Government Code Sections 34870- 34886. The anticipated start date for Demographic and Mapping Consulting Services will be on or after May 1, 2026.

1. Contractor shall develop a work plan that will at least include the following elements and, further, Contractor shall carry out such work plan as part of the Demographic and Mapping Consulting Services:
a. Provide a detailed timeline for all requirements of this scope of work that is consistent with the requirements of applicable law, including, but not limited to Elections Code Section 10010;
b. Facilitate meetings and provide short formal presentations on the scope, purpose, process, timelines, and legal issues where Contractor will request input from the public and document input;
c. Obtain input from the City Council, the public, City staff, and other community stakeholders to identify “communities of interest” as defined in the State of California Elections Code and other criteria relevant to drawing of district maps consistent with applicable law, including, but not limited to, Elections Code Section 21100 et seq.; d. Present findings on identifying “Communities of Interest” and other criteria as described above, and present criterion used in map evaluation, including submittal requirements from members of the public, for City Council comment and approval; and e. Propose a schedule or meetings with City staff needed to accomplish this scope of work.

2. Contractor shall create at least three (3) districting maps as directed by the City as follows:
a. Each draft district map shall have districts that comply with all applicable laws and regulatory requirements, including, but not limited to, those referenced in this RFP; b. Each draft district map shall have a unique objective based on preserving a community of interest and meeting the requirements of applicable law as described in this RFP; c. In the creation of draft district maps, Contractor shall use GIS software developed specifically for districting to create the draft district maps; d. The contractor shall obtain and utilize the most recent Santa Cruz County Official Precinct Maps from the Santa Cruz County Registrar of Voters; and 60 Item 4 B.
5 e. A demographic profile of each district shall be included. f. Contractor shall also present such draft district maps at all meetings/public hearings held pursuant to Elections Code Section10010.

3. Contractor shall consider alignment of County voting precincts with districts to minimize voter confusion and to maximize the ease of conducting elections.

4. Contractor shall prepare and provide the necessary physical and electronic documents and files in the format required by the City and/or County of Santa Cruz to facilitate the implementation of district elections in the City.

5. Contractor shall timely produce such summaries/reports for City’s review, approval, and posting as may be required by applicable law, including, but not limited Elections Code Sections 21130(b)(1), 21130(b)(2), and 21130(f).

6. Contractor shall provide expert technical assistance to the City in the event any legal action arises relating to the districting process of plans developed with Contractor’s assistance. Contractor shall provide expert testimony and “special services,” if necessary, in state and federal court in the area of districting.

Optional Services:

1. Provide a detailed community outreach plan;

2. Create multilingual community outreach to ensure fair representation of all minority groups within the City;

3. Prepare illustrative materials, and advertising for public meetings, workshops, and outreach;

4. Prepare online interactive materials for use by the public;

5. Provide non-English speaking support for non-English speaker inquiries.

PROPOSAL REQUIREMENTS
The Submission should be in a single document (PDF or Microsoft Word) and include the following five sections:
1) Cover letter (2 pages maximum): The cover letter should include the name, email, and telephone number of the primary contact person for the proposer, the mailing address for the individual or firm submitting the proposal, and the address of the office from which the Project will be managed.

The cover letter should clearly describe the proposer’s understanding of the services being requested by the City. It shall include a statement indicating that the proposal terms shall remain in effect for no less than ninety (90) days following the submittal date. The letter shall also include a statement by the person submitting the proposal that they authorized to bind the proposer to the terms of the proposal.
2) Statement of Qualifications and Experience (10 pages maximum): The City will consider submittals from consultants that demonstrate they have successfully completed comparable districting projects. The submission shall include a statement of qualifications that includes a discussion of past projects that illustrate the quality, type, and performance of the Project team.

Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information: contracting agency name, contractor’s 61 Item 4 B.
6 project manager and contact information, date of contract, date of completion, and project description.
3) Proposal Statement (15 pages maximum): The Proposal Statement should outline the proposed Project schedule, the methods for accomplishing the scope of work, and the team dedicated to the Project. The Project schedule should include a rough timeline outlining key events, tasks, and deliverables that will occur in order to ensure the City will transition to by-district elections to meet safe-harbor provisions in Elections Code Section 10010. The Proposal Statement should describe the roles and organization of your proposed team for this Project, and clearly identify and describe the experience of any proposed subcontractors. Please describe your project management approach and provide a detailed description of how the team and scope of work will be managed.

Provide short resumes for all key team members. Key members, especially the project manager, must have significant demonstrated experience with this type of project, and should be committed to stay with the Project for the duration of the Project. Please provide a full scope of work to be performed, and particularly highlight any proposed work that was not included in the Scope of Work included in this RFP, but which you believe is necessary to successfully accomplish this Project.
4) Cost Proposal (1 page maximum): Please clearly identify all proposed costs and fees associated with the Scope of Work and any additional identified work you believe is necessary to complete the Project. This may take the form of a flat fee or hourly rates, but if the proposal to charge at hourly rates, please also include a not-to-exceed amount for which you can successfully accomplish all work necessary to complete the Project with the identified scope of work. 5) Acknowledgement of the City’s Agreement for Professional Services (no page maximum):

Submissions must include a statement that the proposer has reviewed the attached template Professional Services Agreement and agrees to execute and comply with an agreement in the form of that template if the proposal is selected. This statement should also indicate that the proposer will be able to fulfill the insurance requirements included in the template agreement. If the proposer intends to request changes to the template agreement, those requested changes must be included in a redlined “track changes” draft of the template agreement included with the Submission. If no changes are requested, the selected proposer shall be expected to execute the agreement without alteration.

Provide one electronic copy of the proposal via email to Julia Gautho, City Clerk at [email protected].

EVALUATION OF PROPOSALS AND NEGOTIATIONS
The Capitola City Council reserves the right to select a responsive, responsible consultant based on the Council’s judgment of “best value.” The award may not be made solely on the RFP – Districting Services for Capitola basis of proposed cost. City staff will evaluate submissions for substance and completeness.

Staff may contact references and/or proposers in its discretion during the evaluation process. Ultimately, staff will make a recommendation to the City Council on which proposer should be awarded a contract.

During its review, staff may consider any aspect of the proposal or the qualifications of the proposer that may affect the “best value” determination. These items may include, but are not necessarily limited to:
• Experience with projects of a similar scope and vision; • Demonstrated understanding of the Project;
• Proposed Project management approach, including expertise and experience of the team assigned to the Project;
62 Item 4 B.
7 • Cost; and
• Number and nature of proposed changes to the Professional Services Agreement terms, if any.

All firms that submit proposals will be notified of staff’s recommended selection, which will be recommended to the City Council for award of the Professional Services Agreement. Final approval of any selected firm is subject to the action of the Council.

This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so.

CONDITIONS AND STIPULATIONS
The City reserves the right to reject any and all proposals, cancel all or part of this RFP, and waive any non-material irregularities or informalities and to request additional information and clarification regarding any particular service from the proposing Audit firms.

The City reserves the right to reject any proposal for any reason. The proposal should be the best effort possible by the proposer, since the City reserves the right to award the contract with no further negotiations. Conversely, the City reserves the right to negotiate with the successful proposer any additional terms and conditions not contained in their proposal, which are in the best interest of the City or to otherwise revise the scope of this RFP. All proposals, whether accepted or rejected, shall become the property of the City of Capitola. All proposals received become public records. The City’s decision to award a contract will be based on many factors including, but not limited, to service, cost, experience, and ability to deliver, or for any other reason deemed by the selection committee to be in the best interest of the City. No single factor, such as cost, will determine the final decision to award a contract. This RFP and the responses, including all promises, warranties, commitments, and representations made in the successful proposal, shall become binding contractual obligations, and will be incorporated by reference in the final agreement between the City of Capitola and the selected firm.

All terms and conditions not specifically identified as exceptions will be considered acceptable to proposer.

ESTIMATED TIMELINE (Dates are subject to change)
• Distribution of RFP April 10, 2026
• Deadline for Questions April 15, 2026
• Closing Date April 20, 2026 at 5:00 PM
• Begin Selected Vendor Presentations/Interviews Week of April 20, 2026 • Present Recommendations to City Council April 30, 2026

CONTACTS
For questions regarding the scope of proposal or the proposal process, please submit questions through email to [email protected].
63 Item 4 B.
8 SUBMISSION INFORMATION
Proposals must be submitted electronically to [email protected]. City staff will confirm receipt of proposals via email.

A hard copy of the proposal may be mailed to the address below, but electronic submission is sufficient.

City of Capitola
City Manager Department
Attention: Julia Gautho, City Clerk
420 Capitola Ave
Capitola, CA 95010
All proposals must be delivered no later than 5:00 p.m. on April 20, 2026.

ATTACHMENTS
Attachment A: Standard City Professional Services Agreement – Insurance and Indemnifications Thank you for your interest in working with the City of Capitola for this service. We look forward to receiving your proposal.
64 Item 4 B.

CITY OF CAPITOLA

PROFESSIONAL SERVICES AGREEMENT
Demographic and Mapping Consulting Services
[Consultant Name]
THIS AGREEMENT is entered into on April 30, 2026, by and between the City of Capitola, a Municipal Corporation, hereinafter called "City" and [Consultant Name], hereinafter called "Consultant".

SECTION 1
Scope of Services
The services to be performed under this Agreement are for demographic and mapping consulting services and further detailed in Appendix One.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 2 ends

Work shall begin on or about May 1, 2026.

Consultant must submit all claims for adjustments to City within thirty calendar days of the time of occurrence of circumstances necessitating the adjustment.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 3 ends

SECTION 8
Insurance
Consultant shall procure and maintain for the duration of the contract and for ___ years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California, and Employer’s Liability Insurance.

4. Professional (Errors and Omissions) Liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage shall include contractual liability.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. 4.

Employer’s Liability Insurance
Errors and Omissions
Liability:

Limits
$1,000,000 per accident for bodily injury and
property damage.
$1,000,000 per claim and $2,000,000 in the
aggregate.
67 Item 4 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 4 ends

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 5 ends

from and against any and all claims, demands, actions, liabilities, damages, or expenses (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s employees, or agents in any way related to the obligations or in the performance of design professional services under this Agreement as defined in Civil Code §2782.8, except where caused by the sole or active negligence, or willful misconduct of the City. The costs to defend charged to the Consultant relating to design professional services shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8.and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant, Consultant’s employees, agents or subcontractors, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

SECTION 12
Assignment
This Agreement shall not be assigned without first obtaining the express written consent of the City Manager after approval of the City Council.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 6 ends

SECTION 14
Miscellaneous Provisions

1. Project Manager. City reserves the right to approve the project manager assigned by Consultant to said work. No change in assignment may occur without prior written approval of the City.

2. Consultant Service. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Licensure. Consultant warrants thereby represents that he or she has an established trade, occupation, or business in the same nature of services Consultant is performing under this Agreement.

Consultant warrants that he or she has complied with any and all applicable governmental licensing requirements.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 7 ends

CITY CONSULTANT

CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
Name
Address
Phone
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________

Dated:________________________________ Dated:_______________________________ Approved as to Form:
_______________________________
Marc Tran, City Attorney
71 Item 4 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 8 ends

APPENDIX ONE
Scope of Services
[To be completed for each consultant]
72 Item 4 B.

Professional Services Agreement 4/30/2026
Demographic & Mapping Consulting Services
_______ (insert name of vendor)

Page 9 ends

In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $______ (______ Thousand Dollars and Zero Cents), without specific, written advance authorization from the City.

Payments shall be made monthly by the City, based on itemized invoices from the Consultant which list a brief description of the services performed, the date the services were performed, the hours spent and by whom, and a brief description of the actual costs and expenses incurred. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Such payments shall be for the invoice amount. The monthly statements shall contain the following affidavit signed by a principal of the Consultant’s firm:
"I hereby certify as principal of the firm of _______________, that the charge of $_______ as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated , , and has not been previously paid." 73 Item 4 B.

City of Capitola
Request for Proposal for
Demographic and Mapping Consulting Services
Addendum 1
Issue Date: April 10, 2026
Proposal Deadline: April 21, 2026, at 12:00 PM
City of Capitola
City Manager Department
420 Capitola Ave.

Capitola, CA 95010
74 Item 4 B.
2 ADDENDUM 1
The City of Capitola wishes to extend the closing date of this RFP from April 20, 2026, at 5 PM to April 21, 2026, at 12:00 PM. In addition, if vendor interviews become necessary, the City will hold such interviews on April 24, 2026, from 9 AM to 12 PM. If selected to participate, City staff will contact the proposer to notify them of an interview time.

ESTIMATED TIMELINE (Dates are subject to change)
• Distribution of RFP April 10, 2026
• Deadline for Questions April 15, 2026
• Closing Date April 21, 2026, at 12:00 PM
• Vendor Interviews (if necessary) April 24, 2026, from 9 AM to 12 PM • Present Recommendations to City Council April 30, 2026

CONTACTS
For questions regarding the scope of proposal or the proposal process, please submit questions through email to [email protected].

SUBMISSION INFORMATION
Proposals must be submitted electronically to [email protected]. City staff will confirm receipt of proposals via email.

A hard copy of the proposal may be mailed to the address below, but electronic submission is sufficient.

City of Capitola
City Manager Department
Attention: Julia Gautho, City Clerk
420 Capitola Ave
Capitola, CA 95010
All proposals must be delivered no later than 12:00 p.m. on April 21, 2026.

Thank you for your interest in working with the City of Capitola for this service. We look forward to receiving your proposal.
75 Item 4 B.

RFP Questions and Responses

1. Does the City have a preference for conducting public meetings in person, remotely, or in a hybrid format?
a. In person preferred, but please include a cost difference, if any, for each potential hybrid meeting.

2. Can the City clarify the anticipated number and type of public meetings, workshops, and presentations expected as part of this project, including any requirements for City Council or stakeholder engagement?
a. Approximately 5 Council Meetings, outlined below:
i. 1
st public hearing
ii. 2
nd public hearing
iii. 3
rd public hearing
iv. 4
th public hearing + First Reading of Districting Ordinance v. 5
th public meeting with Second Reading/Adoption of Districting Ordinance (must be a regular meeting of the Council)

3. Does the City have a preferred GIS or districting platform (e.g., ArcGIS, DistrictR, etc.), or is the consultant expected to propose a solution?
a. City would expect the selected consultant to provide guidance – no preferred platform.

4. To what extent does the City expect the consultant to lead multilingual outreach and engagement versus supporting City-led efforts?
a. Multilingual outreach is optional but preferred. The City does not currently have bilingual staff assigned to this project. While we are prepared to manage outreach using basic automated translation, we would value any proposal that includes professional translation services or consultant-led multilingual engagement as a supplemental benefit.

5. How will coordination occur between the selected consultant and the City’s legal counsel during map development and review?
a. Via written communication/coordination and virtual meetings.

6. Can the City provide additional detail on how evaluation criteria (experience, approach, cost) will be weighted?
a. The City will evaluate proposals based on the scope of work outlined in this RFP, including the required tasks and any proposed additional or enhanced services.

Consideration may be given to the completeness, quality, and overall value of each proposal, as well as the proposer’s approach to meeting the City’s needs.

The City reserves the right to apply its judgment and to exercise maximum discretion and flexibility in the review and selection process. 76 Item 4 B.

7. Is there an estimated budget or range the City has allocated for this project? a. No, there is not.

8. Are there any statutory deadlines or legal milestones that must be met as part of the transition to district-based elections?
a. The anticipated deadline is 90 days from April 30, 2026, pursuant to Elections Code Section 10010. The City Council’s adopted meeting calendar can be found on the City website: https://www.cityofcapitola.org/calendar

9. Can the City clarify expectations regarding multilingual outreach and language access support, including whether translation and interpretation services will be required for public meetings and materials?
a. The City is committed to an inclusive districting process and aims to maximize engagement with our Spanish-speaking residents. While professional translation and interpretation services are not a formal requirement, they are highly encouraged. We welcome proposals that include these services as a supplemental value-add, as they would significantly enhance our efforts to provide a truly accessible process for all voters.

10. In what language support is needed?
a. Spanish

11. How long will insurance be required to be maintained? a. One year following the duration of the contract.
77 Item 4 B.

AGREEMENT FOR DEMOGRAPHER:

NATIONAL DEMOGRAPHICS CORP.

April 30, 2026 78
Item 4 B.

Recommended Action
As recommended by Council Ad Hoc Committee and
staff
1) Authorize City Manager to execute agreement
with National Demographics Corporation for
demographer and mapping consultant services to
transition City to by-district elections, in an amount
not to exceed $35,000; and
2) Adopt resolution amending FY 2025-26 budget
for expenditures related to transition to by-district
elections.
79 Item 4 B.

Background
 4/10: Staff proactively published RFP for
demographic/mapping consultant services
 Notified 12 firms
 Received 8 proposals
 Costs range from $30K – $180K
 4/23: Council formed ad-hoc subcommittee to
assist with reviewing proposals and
interviewing top firms
 Interviews held on 4/24 & 4/27
80 Item 4 B.

Ad-Hoc Subcommittee Rec.
 National Demographics Corporation (NDC) is toprated proposal  40 years of experience
 City of Santa Cruz, Santa Cruz City Schools, Santa
Cruz Harbor District, Central Fire District, Pajaro Valley Health Care District
81 Item 4 B.

Proposed Scope
Serves as lead demographer to draw district maps in
accordance with CVRA and FAIR MAPS Act
 Conduct demographic analysis using latest census data  Provide interactive online mapping tool and paper
maps for public process
 In-person attendance at 5 public meetings
 Work with staff on robust public outreach process,
including public hearings to gather community input on
"communities of interest“, dedicated webpage, social
media
 Partner with City legal counsel & staff to ensure
transition meets all legal “safe harbor” deadlines and
applies to 2028 election
82 Item 4 B.

Agreement Costs
Basic Project Elements (Covers everything except for
per-meeting and optional expenses)
$12,500
Per-Meeting Expense: In Person Attendance at 5
Meetings
$15,000
Optional Project Element: Online Mapping Tool and
Public Participation Kit
$4,000
Contingency – Additional Outreach, Meetings, etc. $3,500 TOTAL COST - (NOT TO EXCEED) $35,000
83 Item 4 B.

Budget Amendment
 Costs for districting not included in FY 2025-26
Budget
 Consultant costs (not to exceed): $35,000
 Additional outreach costs: $10,000
 Includes 2 direct mailers to residents, legal noticing, and printed advertising materials
 Total budget amendment of $45,000
84 Item 4 B.

Capitola City CouncilApril 30, 2026

Capitola City Council
April 30, 2026