Mark and Nancy Nicholson stand behind a chain link fence outside of their condominium on Wharf Rd, near the entrance to the Capitola Wharf. Large stacks of treated wood have been staged on the other side of the fence, blocking entry to the garage of the unit—the only vehicle access to the dwelling.
The construction material belongs to the City of Capitola and was staged by Cushman Contracting Corporation, the contractor working on the Wharf Resiliency and Public Access Improvement Project. The roughly $5M project is in its first phase of a months-long repair to the wharf, which was severely damaged during the historic winter storms in 2023. The Nicholsons have been in a dispute with the city to get the material removed and regain access to their rental property.
“We knew there would be construction, but in doing the construction there was never any plan or mention of the city blocking our garage. But one day, construction companies started moving stuff in front of our garage,” Mark says.
According to project plans dated August 2021, the first phase of repairs would use three staging areas for material; one at the end of the wharf, a second on the beach west of the wharf entrance; and a third a entrance of the wharf between the Capitola Venetian and a row of condominiums. The Nicholson’s garage entrance sits on that row, just north of the wharf entrance, an area that in a photo diagram of the staging areas is not marked as such.
Capitola Assistant City Manager Chloe Woodmansee says in a phone interview that it’s unfortunate that some units have restricted access, but that “it’s part of doing a big project like that for public use.” She added that the city had worked with residents on alternative parking arrangements.
“I know that our public works and our police teams worked with owners and residents, and gave free parking passes for their use because of the restricted access,” Woodmansee says.
Mark Nicholson says that the garage is the only off-street parking they have. He claims the city did not offer parking permits to him and his wife, as Woodmansee noted. Mark did say that the city’s public works department at one point offered to create a designated parking space, with signage and all, but that it never materialized.
The core of the dispute here, Nicholson says, is that the city’s contractor continues to block access to his property—after promising it would only be for three weeks last October— and that it amounts to government overreach by the City of Capitola.
“[The city] hasn’t even implemented eminent domain, which is where […] if the city wants to block access to your home, they legally have to go get a court order, or work out a deal with you,” Nicholson says.
Nicholson also argues out that although there is a public easement agreement, the obstruction violates that. And he notes there is an open space suited for the materials directly across the street from him that is unused.
Woodmansee declined to comment on the specifics of the Nicholsons’ allegations, but says that all property being used by the contractor is on public right-of-way.
City staff have recommended that the Nicholsons file an official complaint, they say, and that there will be no change in the location of the staging areas for the foreseeable future. Phase 1 of the project is due to run through the fall of 2024.
Mark feels he has hit an impasse with the city.
“I always loved the city, and we always thought that the city was so easy to work with, but their responses have been atrocious,” he says.
The city has changed. The current council, the city manager, and the public works director dont give a rats a** what the citizens want. They have their own agenda and no longer listen to the residdnts. They all need to be removed.
👍🏼
The city has changed. The current council, the city manager, and the public works director dont give a rats a** what the citizens want. They have their own agenda and no longer listen to the residents. They all need to be removed.
Tourists bring dollars to Santa Cruz/Capitola but these are local homeowners who pay property taxes and otherwise contribute to Capitola’s services. Put the lumber on a truck bed, park it somewhere nearby (not blocking homes or services) and truck it in when needed. This sounds like a lazy way of dealing with conflicting rights.
What a smart idea. Maybe just a couple of the parking spots along Cliff Drive could be used to stage that supply of wood, and fence it off.
The wharf needs repair, but to treat local residents this way is disgusting. Not even giving them a permit to park on the street? Terrible.
This is unacceptable. Staging for construction projects should not impose on a property owner’s access to their property.
I sure do miss Steve Burrell, the former city manager. May he rest in peace. He had the administrative and more importantly, the People Skills needed in today’s world. He would have found a solution to make a project happen without stepping on a homeowner/ taxpayer. You don’t realize how good you have it until it’s over.
Capitola resident 43rd ave
It sounds to me like the democrats have come to town.
That’s the last thing we need more of…Democrats…Haven’t they done enough damage already.
I think that Mark should challenge the current mayor to a tennis match.
Winner gets access to their home .
Seems fair to me
Lol!
The city knows they are wrong here. What the Nicholson’s experience is that the city has shunned any meaningful dialog with them and have ignored a simple solution: give them some parking passes and have the lumber stacked accross the street and change the construction fencing a little bit. Simple right? Has the city current staff gotten so obstinate that ignoring the Nickolsons is their response?
Come on Capitola, do the right thing!
Thanks David Hoyle. We have been putting pressure on them to move the material and let us have access again. We advertise beautiful ocean view for our short term rental guests. Guess what they did now. Put a huge crane splat in the middle of the view for our guest to enjoy.
The city knows they are wrong here. What the Nicholson’s experience is that the city has shunned any meaningful dialog with them and have ignored a simple solution: give them some parking passes and have the lumber stacked accross the street and change the construction fencing a little bit. Simple right?
Come on Capitola, do the right thing!