Mayor Joe Clarke Casts Deciding Vote for Margaux Morgan

By Jondi Gumz

This year, as decisions loom on the Coastal Rail Trail, meeting the state housing mandate, a strategic plan, and potentially redoing the Capitola Mall, the Capitola City Council will approach these matters with new leadership.

The new mayor is Joe Clarke, a retired sheriff’s deputy elected in 2022.

New Council members after November election are: Gerry Jensen, a contractor, planning commissioner and Wharf Enhancement Project volunteer and Melinda Orbach, a Chinese American nurse practitioner.

Margaux Morgan, formerly Keizer, came in third in her bid for re-election, but she is back on the council, taking the place of Yvette Brooks who resigned mid-term to become United Way of Santa Cruz County CEO.

The four remaining council members — which includes Alexander Pedersen, elected in 2022 — had the choice of calling an election — an expensive proposition — or making an appointment.

On Jan. 30, when the well-attended meeting included discussion of the vacancy, TJ Welch, representing concerned citizens, announced during public comment that a notice of intent was served to recall Pedersen, alleging ethical violations.

These alleged use of a false address for business while living in Aptos, misuse of public funds as Pedersen’s nonprofit received a three-year grant from the city, and investigation by the Fair Political Practices Commission for conflict of interest, and violation of the city code 8.72 (Measure L) prohibiting city employees from expending resources to detour the Coastal Rail Trail onto city streets. Welch asked Pedersen not be considered for the position of vice mayor and be removed from his position on the Santa Cruz County Regional Transportation Commission, which is advancing the Rail Trail.

Pedersen responded, saying the accusations were false. His nonprofit, Blue Circle, advocating for living wages, received the city community grant before he was elected, and he said Blue Circle had returned the $5,000 received to the city and decided to not accept money for the second or third year.

As for the address, Peterson said this was due to an old listing for a handyman business that he no longer operates on a website he did not control, and once he realized it, asked the website to change the information, but didn’t follow up until recently when he was able to reach someone to remove the incorrect information.

As for Measure L, Pedersen said: “It’s not my belief or the belief of our city attorneys that I have violated Measure L or municipal code 8.72.”

The council could have made an appointment on Jan. 30, but after hearing public comment and Jensen’s argument opted to give people interested in the vacancy one week to apply.

Ten people did so, although former mayor Dennis Norton withdrew, as did John Mulry of the Future Urbanist Club.

Morgan, and Enrique Dolmo Jr. who finished fourth in the election with 1,430 votes applied.

So did Laura Jane Alioto, Lunamar Harter, Michael Gutierrez, Peter Wilk, Rachel Neuman and Susan Westman.

Westman, who spent her career in city planning and was Capitola city manager from 1993 to 1997, got 38 emails of support including former mayors Gayle Ortiz, Carin Hanna, former planning commissioner Tere Thomas, and former treasurer Christine McBroom.

Jensen voted for Westman based on her experience and leadership.

But Pedersen, Orbach and Clarke supported Morgan.

Pedersen held firm that Morgan should return, based on her more than 1,500 votes. He said “the limited number of emails” and the people who spoke did not outweigh those votes.

Orbach, who noted she is the first Asian American woman on the council, said she wanted to choose a person whose policy positions are aligned with Brooks — and that person was Morgan.

Orbach also said Brooks is up to speed on the city budget and would provide representation to people living in mobile homes who have been historically underrepresented.

With two votes for Morgan, Clarke joined them without elaborating.

If he had voted for Westman, that would have created a 2-2 tie.

Pedersen was chosen vice mayor on a 3-2 vote, with Jensen and Clarke voting no.

Recall in Capitola?

Voters in Capitola are seeking to remove Council Member Alexander Pedersen from office via recall.

A legal notice signed by 28 voters appeared Friday, Jan. 21, in the Santa Cruz Sentinel.

Among those signing: Former mayor Bruce Arthur, former mayor Ed Bottorff, former treasurer Christine McBroom, planning commissioner TJ Welch, Chris Amsden, Kevin Maguire and Cathy LaTorre.

The grounds for the recall, as stated by the legal notice:

Violation of oath of office: Council Member Alexander Pedersen took a public oath of office in December 2022 to uphold the laws of Capitola.

As a board member of the RTC, he has willfully violated his oath of office by voting in conflict with Capitola city municipal code. Additionally, he recommended to widen the historic Stockton Bridge to allow for bicycle and pedestrian traffic diverted from the RTC trail, also in direct violation of the city municipal code.

Falsified address: As an Aptos resident, Council Member Pedersen falsely used a Capitola city address for his personal business, Council Member Pedersen never resided no had a business at this address.

The fact that he falsified his business address brings into question if he actually met the residency requirement of Capitola. He has publicly stated that while living in Aptos, he decided to get into politics by running for Capitola City Council.

Misuse of public funds: Council Member Pedersen was awarded a 3-year, $15,000 outcome-based Community health and wellness Grant. At the time of this filing, Council Member Pedersen has not met the performance requirements specified in the contract.

FPPC Investigation: Council Member Pedersen is currently under investigation by the Fair Political Practices Commission for ethical violations.

The elections official has 10 days to determine if the recall petition meets the requirements.

Pedersen has seven days to file a response.

In 2023, Capitola had 6,884 registered voters, and the state requires signatures from 25% for a recall election to be called, which would be about 1,722.

Within 160 days from the time the Secretary of State notifies the proponents that the form and wording of the petition is correct, proponents must file a petition with the required number of valid signatures.