CAPITOLA — After a drawn-out public conflict, Capitola Councilmember Melinda Orbach and resident Kevin Maguire publicly reconciled at Thursday’s City Council meeting. At the next meeting, the council will revise its policy around code of conduct complaints.
The conflict began when Orbach called out Maguire by name during an April City Council meeting, saying he had been walking around her neighborhood attempting to find her home. Maguire made a complaint to the council, claiming that the councilmember had violated the code of conduct when she mentioned him by name in public.
The conflict came to a head at the Sept. 25 City Council meeting, when the council addressed the code of conduct complaint. Supporters of both parties spoke, defending Orbach’s right to set boundaries and claiming that her behavior had damaged Maguire’s reputation. The council ultimately decided not to pursue the complaint, but Orbach said she was unsure how to go about resolving the conflict.
At Thursday’s meeting, Maguire showed up and kicked off the public comment period. He explained that after the last City Council meeting, Melinda Orbach’s husband, Matt Orbach, approached him and his wife, Theresa Maguire, to explain the Orbachs’ side of the story and to understand the Maguires’ perspective. Theresa Maguire suggested the two couples meet to talk and hopefully resolve the conflict.
The four of them, along with Capitola police Chief Sarah Ryan, sat down together to resolve the conflict privately. Kevin Maguire said he dropped his complaint as a sign of good faith, and apologized to Melinda Orbach for any stress or fear his actions may have caused. He also said he forgave the councilmember for everything.
“In just one evening, we accomplished more through honest conversation than months of emails, council meetings and headlines could ever,” Kevin Maguire said. “We listened, we connected the dots and we began to understand where fear and frustration really came from.”
Melinda Orbach responded, thanking Kevin Maguire for his apology and apologizing in return for the harm her comments may have caused him and his family. She explained why his behavior made her feel threatened — including the fact that she had been the target of personal attacks online — and acknowledged that his behavior was not intended to be threatening. She asked her supporters not to make comments suggesting that Kevin Maguire had intentionally threatened or harassed her.
Melinda Orbach spoke about how Capitola would soon face tough issues, including the effects of climate change in an increasingly polarized political environment.
“The first step toward lasting solutions is to get to know our neighbors,” she said. “We are all coming at these problems from different angles, but we are all in this together.”
Both Melinda Orbach and Kevin Maguire acknowledged that sitting down together, with Ryan as a neutral third party, was more productive than the public conversation around the conflict. One reason the issue escalated in the first place is because the code of conduct complaint needed to be brought to the council’s agenda before it could be dismissed or otherwise acted on, which drew several members of the public to speak at the Sept. 25 meeting.
Originally, the council planned to revise the code of conduct during Thursday’s meeting. The new language would require a yet-undetermined number of councilmembers to vote in favor of agendizing a code of conduct complaint for it to make the agenda. If the complaint is not agendized within 45 days, it will be automatically dismissed. Mayor Joe Clarke, who was absent from Thursday’s meeting, requested that the item be continued to the next meeting, which will take place Oct. 23 at 6 p.m.
The council also changed how they set meeting agendas. Now, two councilmembers must vote to place an item on the agenda.
The policy adjustments come in the wake of the tense conflict and a turbulent year for the council. Melinda Orbach and Councilmember Gerry Jensen were elected in late 2024. In January, shortly after the new members were sworn in, former Mayor Yvette Brookes resigned to take a role as the CEO of United Way of Santa Cruz. Joe Clarke, who was vice mayor at the time, was then appointed as mayor to take her place. Then, in May, former Vice Mayor Alexander Pedersen resigned, citing plans to move to Santa Cruz as well as harassment and intimidation from community members. Vice Mayor Margaux Morgan and Councilmember Susan Westman were appointed to fill the vacancies.
As the council full of new members works to find its footing, the group says it has prioritized transparency. When discussing Kevin Maguire’s complaint and the change in the policy to set agenda items, councilmembers repeatedly emphasized the importance of clear communication with the public.