Agenda packet — Santa Cruz City Council, November 15, 2022 (part 1 of 5)

CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060

CITY COUNCIL AGENDA
Regular Meeting – November 15, 2022
11:30 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. CONSENT, CONSENT PUBLIC HEARINGS, AND PUBLIC HEARINGS,

ZOOM/COUNCIL CHAMBERS
6:00 P.M. ORAL COMMUNICATIONS AND PUBLIC HEARING, COUNCIL CHAMBERS IMPORTANT NOTICE:

Pursuant to California Government Code 54953(e)(1)(A) and (C), and the City of Santa Cruz’s resolution authorizing continued virtual participation in public meetings given the COVID-19 pandemic, meetings of the Santa Cruz City Council are being conducted with a hybrid format, providing both in-person and virtual participation in order to promote social distancing and protect the health and safety of attendees, staff, and Councilmembers.

In order to minimize exposure to COVID-19, the meeting may be viewed remotely, using any of the following sources:
 Click on Zoom link (no time delay): https://zoom.us/j/94684401344  Online at http://www.cityofsantacruz.com/government/city-council/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
 1-833-548-0282 (Toll Free)
 1-877-853-5247 (Toll Free)
 1-669-900-9128
 Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, November 14th
November 15, 2022 City Council 2
PLEASE NOTE:
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, November 13th by emailing the Mayor and the City Clerk. Approval will be confirmed via email.
[email protected] [email protected]
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.

Closed Session
11:30 AM
Referral to Closed Session

1. Tannery Arts Center – 890 River Street, 1000 River Street, and 1020 River Street (ED)
Motion to refer to Closed Session for discussion regarding potential termination of non-housing ground lease.

Closed Session

2. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
November 15, 2022 City Council 3
Closed Session (continued)

3. Real Property Negotiations (Government Code §54956.8) 1) Properties: 890 River Street, 1000 River Street, and 1020 River Street, located at the Tannery Arts Center
APNs: 008-661-11 (Parcel 8), 008-661-12 (Parcel 5), and 008-661-14 (Parcel 3)
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Artspace Tannery, LLC.

Under Negotiation: Potential termination of non-housing ground lease 2) Property: 136 River Street
APN: 008-311-07
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Thomas, Bobby James, & Elizabeth June, Trustees
Under Negotiation: Price, terms of payment, or both
3) Property: 24,30, and 38 Front Street
APNs: 007-212-10, 007-212-09, 007-212-08
Owner: PAP LLC
City Negotiator: Christoph Schneiter
Negotiating Parties: City of Santa Cruz and PAP LLC.

Under Negotiation: Price, terms of payment, or both

4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Mitchell E. Swienton
2) Claimant: Janet Cantolan
Claims against the City of Santa Cruz

5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Herman, Martin & Kary v. City of Santa Cruz
Santa Cruz Superior Court Case No. 19CV02406
November 15, 2022 City Council 4
City Council
1:30 PM
Call to Order
Roll Call
Presentations

6. Mayoral Proclamation Declaring November 26, 2022 as Small Business Saturday

7. Mayoral Proclamation Declaring November 15, 2022 as Mark Stone Day Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report

8. The City Manager will report and provide updates on the City's business and events of interest.

Council Meeting Calendar

9. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.

November 15, 2022 City Council 5
Consent Agenda

10. Resolution Extending the Emergency Declaration in Connection with the COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.

11. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) Resolution extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire and proclaiming the declaration terminated thereafter.

12. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

13. Minutes of the October 25, 2022 City Council Meeting Motion to approve as submitted.

14. Set Meeting Dates for Annual Advisory Body Interviews and Appointments and Reappointments (CC)
Motion to set the meeting dates for the advisory body applicant interviews at a Special Meeting scheduled on Tuesday, January 17, 2023 at 6:00 p.m., and appointments and reappointments scheduled at the Regular Meeting of Tuesday, January 24, 2023.

15. Resolution Setting the Regular Meeting Schedule for the Calendar Year 2023 (CC)
Resolution setting the regular meeting schedule for the calendar year 2023, and canceling the following meeting dates: July 11 and 25, and December 26.

November 15, 2022 City Council 6
Consent Agenda (continued)

16. Contract for City Attorney Services (Effective January 1, 2023) (CM) Motion to approve the City Attorney Legal Services Agreement, commencing January 1, 2023, and authorize the City Manager to execute the contract.

17. Letter to Honorable Syda Cogliati Expressing the City's Condemnation of the Vandalism of the Black Lives Matter Mural (CN)
Motion to authorize and direct the Mayor to send a letter on behalf of the City Council to Superior Court Judge Syda Cogliati expressing the City’s condemnation of the vandalism of the Santa Cruz Black Lives Matter mural and including sentencing recommendations for the defendants, Brandon Bochat and Hagan Warner, that align with a restorative justice approach as outlined by the Santa Cruz Equity Collab - the group responsible for the installation and maintenance of the mural.

18. Terminate the Non-Housing Ground Lease at the Tannery Arts Center (ED)
Motion to terminate the August 2007 Ground Lease (Non-Housing) with Artspace Tannery LLC for three parcels at the Tannery Arts Center.

19. For the Future Housing, Inc., a California Corporation – Loan Agreement (ED)
Motion to:
1) Direct the City Manager to enter into Loan and Regulatory Agreements, in forms approved by the City Attorney, with For the Future Housing, Inc., a California corporation, for a loan in the amount not to exceed $1,800,000 for the purposes of acquiring 136 River Street and constructing an affordable housing project; and
2) Adopt a resolution amending the FY 2023 budget by transferring $1,800,000 from the Public Trust Fund to the Affordable Housing Trust Fund to fund the agreements.

November 15, 2022 City Council 7
Consent Agenda (continued)

20. Amendment to Extend Contract for Heating, Ventilation and Air Conditioning (HVAC) Preventive Maintenance Services (FN) Motion to execute an amendment to extend the existing contract for onsite HVAC preventative and emergency maintenance service with Airtec Service, 175 Aviation Way Watsonville, CA 95076 for FY 2023.

21. Award Contract for On Site Tire Replacement and Roadside Tire Service (FN)
Motion to execute and award a contract for onsite tire replacement and roadside tire service with Priors Tires, 115 Post Street Santa Cruz, CA., in the amount ‘not to exceed’ $175,000.

22. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of a) Mitchell E. Swienton, and b) Janet Cantolan based on staff recommendation.

23. Year-End Budget Adjustment for FY 2022 (FN)
Resolution amending the FY 2022 budget where annual revenues and expenditures need adjustments in various funds.

24. SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
Resolution approving a Tentative Agreement with SEIU Local 521 effective October 1, 2022 through October 10, 2025.

25. Supervisors Unit of the City of Santa Cruz Memorandum of Understanding (HR)
Resolution approving a tentative agreement with the Supervisor Unit Association of the City of Santa Cruz effective November 12, 2022 through December 5, 2025.

November 15, 2022 City Council 8
Consent Agenda (continued)

26. Office of Traffic Safety Selective Traffic Enforcement Program – Grant Acceptance (#PT23069) (PD)
Resolution amending the FY 2023 budget and authorizing the acceptance and appropriation of funds from the Office of Traffic Safety for the Selective Traffic Enforcement Program. The City Manager is hereby authorized and directed to execute the contact and agreements associated with the acceptance of this grant.

27. Award Contract for Sewer Cleaner Combination Truck - Budget Adjustment (PW)
Motion to:
1) Award a contract for the purchase of one replacement Sewer Cleaner Combination Truck from Owen Equipment (Fairfield, CA), in the amount of $595,077.10; and
2) Adopt a resolution to amend the FY 2023 budget and appropriate funds in the amount of $595,077.10 from the Wastewater Fund to purchase the sewer cleaner combination truck.

28. SCRRF Green and Wood Waste Processing Services – Authorization to Advertise and Award (PW)
Motion approving the specifications for the Santa Cruz Resource Recovery Facility (SCRRF) Green and Wood Waste Processing Services and authorizing staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

29. FEMA Building Resilient Infrastructure and Communities (BRIC) Grant – Authorization for Application for Grant Funds for Pump Station No. 1 Improvements (PW)
Resolution authorizing the City Manager to apply for the 2022 Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) Grant for improvements to Pump Station No. 1.

November 15, 2022 City Council 9
Consent Agenda (continued)

30. Santa Cruz High School Parking (PW)
Motion to direct staff to continue working with Santa Cruz High School to address weekday parking issues.

31. Downtown Intersection Improvements (c401903) – Concept Striping Plan (PW)
Motion to approve the concept striping plan for the Downtown Intersection Improvements (c401903) project along Front Street between Laurel Street and Soquel Avenue.

32. Beltz 12 Phase I Ammonia Removal Improvements Project – Approval of CEQA exemption, Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion to approve the Plans and Specifications for the Beltz 12 Phase I Ammonia Removal Improvements Project (c720203), authorize staff to advertise for bids and the Water Director to execute change orders within the approved project budget, and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

33. Soquel Avenue Water Main Replacement Project – Approval of CEQA Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT)
Motion to approve plans and specifications for the Soquel Avenue Water Main Replacement Project, authorize staff to advertise for bids, and authorize the Water Director to execute change orders within the approved project budget and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

November 15, 2022 City Council 10
Consent Agenda (continued)

34. Water Supply Augmentation Strategy, Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 &12, Pueblo Water Resources Professional Service Contract (WT)
Motion authorizing the City Manager to execute an agreement in the amount of $141,023 with Pueblo Water Resources of Ventura, CA for Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 & 12 in a form to be approved by the City Attorney and authorizing the Water Director to execute amendments within the approved project budget.

End Consent Agenda
Consent Public Hearings

35. 2nd Reading and Final Adoption of Ordinance No. 2022-13 Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2022 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare (PL) Motion to adopt Ordinance No. 2022-13 amending Title 18 of the Municipal Code and adopting the 2022 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including referenced appendices, amendments, and modifications.

36. 2nd Reading and Final Adoption of Ordinance No. 2022-14 Adopting the 2022 Edition of the California Fire Code and Fire Code Standards, Including Annual Supplements and State Amendments and Errata (FD) Motion to adopt Ordinance No. 2022-14 to (1) amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2022 edition of the California Fire Code and make other amendments; and (2) amend Santa Cruz Municipal Code Chapter 19.10.

November 15, 2022 City Council 11
Consent Public Hearings (continued)

37. A22-0004: Amendment to Section 24.12.1310 of Santa Cruz Municipal Code Title 24 - Zoning Ordinance to Allow Cannabis Retail Deliveries to the City from Legal Retail Delivery Businesses Located within any Jurisdiction within Santa Cruz County (PL)
Introduce for publication an ordinance amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24, as presented in the attached documents.

38. 2nd Reading and Final Adoption of Ordinance No. 2022-16 Permanent Outdoor Dining Program: Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)
Motion to adopt Ordinance No. 2022-16, including the revisions provided by staff to extend the expiration from March 31, 2023 to October 31, 2023, and remove the line, “Temporary Use in Public Right-of-Way: shall expire on March 31, 2023,” amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public rightof-way, currently set to expire the end of this December through October 31, 2023; and
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration date to March 31, 2023 for the partial closure of Cathcart Street.

November 15, 2022 City Council 12
Public Hearing

39. Permanent Outdoor Dining Program Update: Second Reading of Ordinance No. 2022-15 Related to Public On-street Parking Spaces, Adoption of a Resolution Establishing the Parklet Fee Schedule, Adoption of a Resolution the Parklet Guidelines, and Review the PreApproved Parklet Designs (ED) Motion to:
1) Adopt Ordinance No. 2022-15 establishing a permanent parklet program citywide; and
2) Adopt a resolution establishing the Parklet Fee Schedule; and 3) Adopt a resolution adopting the Parklet Guidelines.

Recess - The City Council will recess to the 6:00 p.m. session.

November 15, 2022 City Council 13
City Council
6:00 PM
Call to Order
Roll Call
Oral Communications Announcement – Community members may address the Council for two minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
November 15, 2022 City Council 14
Public Hearing

40. Amendments to Municipal Code Titles 6, 12, 13, 15, 16 and 24 Related to Objective Development Standards for Multi-Family Housing, New Mixed-Use Zoning Districts, Development Review Process Changes, Street Trees, Right-of-Way Improvements, and the Water Efficient Landscape Ordinance; Associated Updates to the Zoning Map; and Establish In-Lieu Fees for Street Tree Removals (File No. FP20-0002) and Additional Modifications to Municipal Code Title 24 to Clarify and Update Various Code Sections Related to Wireless Communication Facilities, Accessory Structures, Fences, and Other Minor Updates; Remove Obsolete Sections and References; Streamline Application Processes; and Bring the Zoning Ordinance into Conformity with State Law, also Rezoning Parcels of Property throughout the City to Reflect Existing General Plan Land Use Allowances. Changes Include Some Amendments to the Local Coastal Program or Its Implementation Plan that Require Subsequent Coastal Commission Approval. (File Nos. A22- 0002 and A22-0003) (PL)
Motion to:
1) Introduce for publication an ordinance making the amendments to the Santa Cruz Municipal Code, as presented in the attached documents, for code sections not included in the Local Coastal Program or Implementation Plan; and
2) Introduce for publication an ordinance making the amendments to the Santa Cruz Municipal Code, as presented in the attached documents, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select Option 1 (Streamlined) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and 3) Introduce for publication an ordinance making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels inside the Coastal Zone, which represent changes to the Local Coastal Program Implementation Plan; and
November 15, 2022 City Council 15
Public Hearing (continued)

40. Amendments to Municipal Code Titles 6, 12, 13, 15, 16 and 24 Related to Objective Development Standards for Multi-Family Housing, New Mixed-Use Zoning Districts, Development Review Process Changes, Street Trees, Right-of-Way Improvements, and the Water Efficient Landscape Ordinance; Associated Updates to the Zoning Map; and Establish In-Lieu Fees for Street Tree Removals (File No. FP20-0002) and Additional Modifications to Municipal Code Title 24 to Clarify and Update Various Code Sections Related to Wireless Communication Facilities, Accessory Structures, Fences, and Other Minor Updates; Remove Obsolete Sections and References; Streamline Application Processes; and Bring the Zoning Ordinance into Conformity with State Law, also Rezoning Parcels of Property throughout the City to Reflect Existing General Plan Land Use Allowances. Changes Include Some Amendments to the Local Coastal Program or Its Implementation Plan that Require Subsequent Coastal Commission Approval. (File Nos. A22- 0002 and A22-0003) (PL) (continued)
4) Introduce for publication an ordinance making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels outside the Coastal Zone; and
5) Direct staff to consider options for 111-119 Leonard St. as part of the forthcoming Ocean Street Area Plan Amendments, as further described in this report; and
6) Adopt a resolution establishing a new in lieu fee requirement for street tree removals; and
7) Adopt a resolution establishing mitigation requirements for the removal of a heritage tree or heritage shrub, replacing existing Council Resolution No. NS-21,436.

Adjournment
November 15, 2022 City Council 16

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 15, 2022

41. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of September 30, 2022 - 10/20/22 (FNFYI 360)

42. Parks and Recreation Department/Economic Development Department/Public Works Department: Downtown Site Furnishing Standards Report -11/2/22 (PKFYI 77)

43. Public Works Department: Beach Flats Parking - 11/8/22 (PWFYI 0107)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 15, 2022

44. Proclaiming Sunday, October 23, 2022 as “International Live Looping Day” and urging all citizens to join in supporting the work of these innovative artists from around the world, welcoming them to perform here, and thanking them all for their tireless work to innovate in this emerging global musical art form.

45. Proclaiming November 1, 2022 as “Extra Mile Day” and urging each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place.

46. Proclaiming November 10, 2022 as “Santa Cruz Elks Lodge Dictionary Project Day” and encouraging all citizens to join in expressing heartfelt appreciation to Santa Cruz Elks Lodge No. 824 for its dedicated service and positive contributions to the Santa Cruz community and celebrating its Dictionary Project to increase youth literacy by providing third-grade students with their own personal dictionary.

November 15, 2022 City Council 17
MAYOR'S PROCLAMATIONS (continued)

47. Proclaiming Saturday, November 26, 2022 as “Small Business Saturday Day” and encouraging all citizens to join in shopping local today and throughout the year.

48. Proclaiming Wednesday, November 9, 2022 as “City Veteran Appreciation Day” and encouraging all citizens to join in saying “thank you” to these employees for their dedicated service to our country and continued service to our community and committing to causes that are greater than self and promoting public service.

49. Proclaiming December 2, 2022 as “Steve Wolfman Day” and encouraging all citizens to join in acknowledging his three-and-a-half decades of dedicated service, expressing gratitude for his abundant contributions to our safety and quality of life, and wishing him well in his retirement.

The following position is vacant. Council will make the appointment at a future meeting.

Commission for the Prevention of Violence
Against Women
One opening
November 15, 2022 City Council 18
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.

City Council Agenda Legislative History Addendum
No information was submitted.

City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.

The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda. Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission.

City Manager's Report
November 15th, 2022

8.1 San Lorenzo Park
Restoration & Benchlands Closures
November 7th, 2022 - Benchlands vacated, closed, and
prepared for restoration after a three-month effort.

Next Steps:

Santa Cruz Parks and Recreation Department to begin
restoration Spring 2023.

Continuing Efforts:

City, County, and nonprofit program collaboration to
assist unhoused folks with safe housing options in
the community.

Thank you to the 57 City staff members
who contributed to this project's success!

8.2 San Lorenzo Park
Restoration
• 170 people connected to housing
resources out of a total 241 with 95 people
accepting shelter at the Armory.
• 475 tons of refuse removed as of
November 7th, 2022.

8.3 San Lorenzo River Lagoon Culvert Project
• 710 feet of pipe installed (24” and 8”)
• 42 grouted pile supports
• 32 horizontal rock anchors
• Outlet valves (24” and 8”)
• Intake junction box concrete foundation
Construction Completed to Date

8.4 San Lorenzo River Lagoon
Culvert Project
Remaining work to be done
Epoxy the intake
structure to the
concrete foundation.

Install infiltration gallery
with rubber hose and
navigation buoy.

Perform leak test
on system.

8.5 CZU Emergency
Declaration Extension
• Declared emergency on August 21, 2020.
• Resolution extending the Emergency
Declaration in connection with the CZU
August lightning Complex Fire by 60 days.
• CZU Fire Emergency Declaration will be
terminated as of January 14th, 2023
(60 days from November 15th, 2022).

8.6 City of Santa Cruz Mayor
Fred Keeley
(72.77% of votes)
District 4 Councilmember
Scott Newsome
(51.82% of votes)
District 6 Councilmember
Re né e Golde r
(5 9 .7 9 % o f vo t e s)
Preliminary Election Results
Total voters 61,622 out of a registered 166,837 (36.94%) Totals as of November 14th, 2022 8.7
Me a su re O
Me a su re N YES on N – 41.97%
NO on N – 58.03%
Me a su re P
Empty Home Tax
Amendment to General Plan and
Downtown Plan, Our Downtown,
Our Future
Transient Occupancy Tax Increase
YES on O – 40.48%
NO on O – 59.52%
Totals as of November 14th, 2022
YES on P – 79.6%
NO on P – 20.4%

8.8 Upcoming Community Events
Cold Water Classic
Nov.15-19
Santa Cruz Trades Day
Civic Auditorium
Nov. 15
West Cliff Outdoor
Market
Nov. 25-26
United Against Hate
Nov. 13-20

8.9 City Manager's Report
November 15th, 2022

8.10 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
November 24
November 25
November 29 Council Chambers/Zoom Special Meeting ‐ Open to the Public December 6 Special Closed Session ‐ Closed to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public December 18/19
December 25
City Council Meeting Calendar for 2022
Please note: Meeting times are not final and are likely to change City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
December 27 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐ sundown to sundown)
December 13

9.1 City Council

AGENDA REPORT
DATE: 10/24/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the COVID-19 Pandemic by Sixty (60) Days (CA)
RECOMMENDATION: Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.

BACKGROUND: At its regular meeting of March 10, 2020, the City Council adopted Resolution No. NS-29,640 declaring a local health emergency in connection with the global COVID-19 pandemic. The Council’s action followed similar actions by California Governor Gavin Newsom on March 4, 2020, and by County of Santa Cruz Health Officer (CHO) Gail Newel on March 6, 2020. On March 16, 2020, the CHO issued a Public Health Order, requiring all Santa Cruz County residents to shelter in place to slow the spread of COVID-19 in the community, and requiring all businesses to cease operations, except for those deemed essential businesses.

On June 15, 2021, as a result of declining positive case counts and hospitalizations, the Governor rescinded a number of restrictions he had instituted to reduce the spread of COVID-19. The Governor did not, however, rescind the proclamation of the State of Emergency he issued on March 4, 2020. Shortly after the Governor rescinded the restrictions, positive cases and hospitalizations began to rise locally and across the state due to the emergence of the highly contagious delta variant. Another COVID-19 variant, known as the omicron variant, emerged in late 2021. The omicron BA.5 remains the dominant variant in California and throughout the United States.

On February 25, 2022 and June 17, 2022, as a result of vaccinations rates among Californians and the release of the Governor’s SMARTER Plan, the Governor again rescinded a number of restrictions he had instituted to reduce the spread of COVID-19. While the Governor’s Office has announced that the COVID-19 State of Emergency will end on February 28, 2023, the State of Emergency currently remains in effect.

Positive cases and hospitalizations continue to fluctuate, with variants of the virus demonstrating the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly. Further, variants of the virus continue to emerge, and it is unknown at this time whether such variants may result in a new surge in COVID-19 cases.

10.1 The Council has received updates at its regular meetings related to COVID-19 and has extended the March 10, 2020 declaration of local health emergency at its regular meetings of April 28, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 8, 2020, January 26, 2021, March 9, 2021, April 27, 2021, and June 22, 2021, by adopting Resolution Nos. NS-29,653, NS-29,677, NS-29,695, NS-29,714, NS-29,739, NS-29,749, NS29,766, NS-29,782, NS-29,802, and NS-29,839, at its special meeting of September 21, 2021 by adopting Resolution No. NS-29,873, at its regular meetings of November 9, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, August 23, 2022, and October 11, 2022, by adopting Resolution Nos. NS-29,884, NS-29,898, NS-29,924, NS-29,941, NS-29,973, NS-30,006, NS-30,027, and NS-30,047.

DISCUSSION: During a declared emergency the City Manager, acting as the City’s Emergency Services Director is empowered to take various actions in response to the emergency, including making and issuing “rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency” subject to ratification by the City Council “at the earliest practicable time.” The Resolution would extend the emergency declaration by sixty days from the date of its adoption.

FISCAL IMPACT: Actions taken by the City during a declared emergency relating to the response and measures taken to slow the spread of the COVID-19 epidemic and mitigate the effects thereof on our community are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency). Accordingly, it is recommended that the Council extend the declaration of emergency as provided for herein until it has determined that conditions giving rise to the emergency have been abated.

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

10.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING BY 60 DAYS THE DECLARATION OF EMERGENCY IN CONNECTION WITH THE COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency to exist within the State of California due to the threat posed by COVID-19; and WHEREAS, on March 6, 2020, the County of Santa Cruz Health Officer ("Health Officer"), under her civil authority, declared a Local Health Emergency, finding an imminent and proximate threat to public health and welfare from the introduction of COVID-19 in the County of Santa Cruz; and
WHEREAS, on June 15, 2021, February 25, 2022 and June 17, 2022, in response to declining COVID-19 case counts and hospitalizations, and percentage of vaccinated Californians, the Governor lifted a number of restrictions put in place to decrease the spread of COVID-19 during the initial progression of the pandemic; and
WHEREAS, while the Governor’s Office has announced that the COVID-19 State of Emergency will end on February 28, 2023, the State of Emergency currently remains in effect; and WHEREAS, despite initial progress made locally and within the state in addressing the pandemic, the emergence of the highly contagious omicron variant continues to contribute to positive cases and hospitalizations locally and throughout the State of California; and WHEREAS, positive cases and hospitalizations continue to fluctuate with variants of the virus demonstrating the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly as the virus evolves; and
WHEREAS, in light of the current COVID-19 pandemic, the Santa Cruz City Council declared a local health emergency re COVID-19 by Resolution No. NS-29,640 on March 10, 2020, extended the emergency declaration by Resolution No. NS-29,653 adopted at its regular meeting of April 28, 2020, and further extended the emergency declaration by Resolution Nos. NS-29,677 on June 23, 2020, NS-29,695 on August 11, 2020, NS 29,714 on September 22, 2020, NS-29,739 on November 10, 2020, NS-29,749 on December 8, 2020, NS-29,766, on January 26, 2021, NS29,782, on March 9, 2021, NS-29,802 on April 27, 2021, and NS-29,839 on June 22, 2021, at its special meeting of September 21, 2021 by Resolution No. NS-29,873, and further extended the emergency Resolution Nos. NS-29,884 adopted at its regular meeting of November 9, 2021, Resolution No. NS-29-898 on December 14, 2021, Resolution No. NS-29,924, on February 8, 2022, Resolution No. NS-29,941 on March 22, 2022, Resolution No. NS-29,973 on May 10, 2022, Resolution No. NS-30,006 on June 28, 2022, Resolution No. NS-30,027 on August 23, 2022, and Resolution No. NS-30,047at its regular meeting of October 11, 2022, extending the Declaration of Emergency for another sixty days.

10.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, under the California Emergency Services Act (Cal. Govt. Code § 8630, et seq.), upon declaration of a local emergency, the City Council must review the need for continuing the emergency declaration at least once every sixty (60) days until it terminates the local emergency; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:

A. That the City Council hereby declares that the local health emergency declaration adopted at its March 10, 2020 regular meeting by Resolution No. NS-29,640, extended at its April 28, 2020 regular meeting by Resolution No. NS-29,653, at its June 23, 2020 regular meeting by Resolution No. NS-29,677, at its August 11, 2020 regular meeting by Resolution No. NS-29,695, at its September 22, 2020 regular meeting by Resolution No. NS-19,714, at its November 10, 2020 regular meeting by Resolution No. NS-29,739, at its December 8, 2020 regular meeting by Resolution No. NS-29,749, at its January 26, 2021 regular meeting by Resolution No. NS-29,766, at its March 9, 2021 regular meeting by Resolution No. NS-29,782, at its April 27, 2021 regular meeting by Resolution No. NS-29,802, at its June 22, 2021 regular meeting by Resolution No. NS-29,839, at its September 21, 2021 special meeting by Resolution No. NS-29,873, at its November 9, 2021 regular meeting by Resolution No. NS-29, 884, at its December 14, 2021 regular meeting by Resolution No.

NS-29,898, at its February 8, 2022 regular meeting by Resolution No. NS-29,924, at its regular meeting of March 22, 2022 by Resolution No. NS-29,941, at its regular meeting of May 10, 2022 by Resolution No. NS-29,973, at its regular meeting of June 28, 2022 by Resolution No. 30,006, at its regular meeting of August 23, 2022 by Resolution No. 30,027, and at its regular meeting of October 11, 2022 by Resolution No. 30,047, shall be adopted and extended an additional sixty (60) days pursuant to California Government Code Section 8630, et seq., by this Resolution; and B. That this Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 15th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

10.4 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Thursday, November 10, 2022 4:23 PM
To: City Council
Subject: 11.15.22 Agenda Item # 10, Endless extension of the Covid emergency fear mongering

11.15.22 Agenda Item # 10, Endless extension of the Covid emergency fear mongering Dear Council,
While you're at it, why not extend all the Covid fear mongering LIES ? 1) Extend the LIE that 6' social distancing prevents the spread of Covid 2) Extend the LIE that cloth masks prevent the spread of Covid 3) Extend the LIE that most all people under the age of 70 are at more risk of dying from Covid than normal seasonal flu
4) Extend the LIE that children under 19 are at more risk of dying from Covid than the Covid vaccines.
5) Extend the LIE that vaccinated people cannot get Covid 6) Extend the LIE that vaccinated people cannot transmit Covid 7) Extend the LIE that the side effects from MRNA vaccinations are rare Why stop at this half measure? GO FOR IT!!!
Garrett Philipp - Westside

10.5 City Council

AGENDA REPORT
DATE: 10/24/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire and proclaiming the declaration terminated thereafter.

BACKGROUND: The CZU August Lightning Complex Fire that began on August 15, 2020, has caused unprecedented damage and destruction in areas of Santa Cruz and San Mateo Counties immediately north of the City of Santa Cruz, and currently constitutes a severe threat to portions of the City and vital City-owned infrastructure in areas of unincorporated Santa Cruz County.

DISCUSSION: Chapter 2.20 of the City of Santa Cruz Municipal Code, at Section 2.20.030, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.” In view of the facts and circumstances described above, on Friday, August 21, 2020, the City Manager declared the existence of a local emergency in the City of Santa Cruz. At its August 25, 2020 regular meeting, the City Council ratified the emergency declaration by Resolution No.

NS-29,704, and the Executive Orders issued pursuant thereto. At its October 27, 2020 regular meeting, the City Council adopted Resolution No. NS-29,731 declaring the existence of a State of Emergency in connection with the CZU August Lightning Complex Fire, confirming the proclamation of same dated August 21, 2020 by the Director of Emergency Services, and ratifying Executive Order 2020-19 issued pursuant thereto. At its regular meetings of December 8, 2020, January 26, 2021, March 9, 2021, April 27, 2021, and June 22, 2021, the Council adopted Resolution Nos. NS-29,750, NS-29,765, NS-29,781, NS-29-803, and NS-29,840, further extending the declaration of emergency by 60 days. At its special meeting of September 21, 2021, the Council adopted Resolution No. NS-29,872, further extending the declaration of emergency by another 60 days. At its regular meetings of November 9, 2021, December 14, 2021, February 8 2022, March 22, 2022, May 10, 2022, June 28, 2022, August 23, 2022, and

11.1 October 11, 2022, the Council adopted Resolution Nos. NS-29,885, NS-29,899, NS-29-925, NS29-940, NS-29-974, NS-30,007, NS-30,026, and NS-30,048 further extending the declaration of emergency by another 60 days.

To date, City Staff has recommended extending the emergency declaration related to the CZU August Lightning Complex Fire due to the heighted risk of debris flows through the CZU burn area during the rainy seasons. While the CZU burn area is not yet back to pre-fire conditions, the debris flow risk appears less significant, given the significant rainfall received in December 2021 that did not generate debris flows. As such, it is recommended that the Council extend the declaration of emergency as provided for herein, until January 14, 2023, after which it is recommended that the Council terminate the CZU August Lightning Complex Fire emergency.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the CZU August Lightning Complex Fire emergency by an additional 60 days, to January 14, 2023, and proclaims the emergency declaration terminated thereafter.

FISCAL IMPACT: Actions taken by the City during a declared emergency are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency).

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

11.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING A

LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE CZU AUGUST

LIGHTNING COMPLEX FIRE
WHEREAS, under Santa Cruz Municipal Code (SCMC) § 2.20.030, the City Manager serves as the Emergency Services Director, and empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster; and

WHEREAS, in the event of an emergency declaration, as the Emergency Services Director, the City Manager has the authority to take various actions in the City’s interest, including making and issuing “rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency” subject to ratification by the City Council “at the earliest practicable time.” (SCMC § 2.20.040); and WHEREAS, the wildfires known as the CZU August Lightning Complex Fire that began on August 15, 2020 have destroyed structures and threatened numerous residences and acres of valuable wildland and watershed resulting in evacuations and displacement of residents, road closures, areas of isolation, damage to property and utility systems and damage to critical infrastructure and endangered species within unincorporated areas of Northern Santa Cruz County, and currently constitute an imminent threat to portions of the City, as well as vital City infrastructure located outside of City boundaries; and WHEREAS, while the wildfires are contained, as of this date, they have charred tens of thousands of acres in the Counties of Santa Cruz and San Mateo, damaged or destroyed over 900 residences and buildings, and will displace hundreds of residents for several months, if not permanently, many of whom are seeking shelter in the City of Santa Cruz; and WHEREAS, the San Lorenzo River watershed contains significant portions of the area damaged by the wildfires, and the City continues to monitor post-fire hazards and water quality impacts; and
WHEREAS, efforts to assist the affected population and restore the burned area and/or recover from the effects of the wildfire damage, involve assets from Santa Cruz County, City of Santa Cruz, other local governments in Santa Cruz County, and other local governments within California, as well as California State and federal fire and law enforcement assets, the American Red Cross and other volunteer organizations; and WHEREAS, pursuant to his authority as Emergency Services Director, on August 21, 2020, the City Manager declared the existence of a local emergency in light of the foregoing; and

11.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, at its August 25, 2020 regular meeting the City Council declared a local emergency, and ratified Executive Order No. 2020-17 – Closing All Off-Trail Open Space Areas within Pogonip and Sycamore Grove, by Resolution No. NS-29,704; and WHEREAS, at its October 27, 2020 meeting, the City Council adopted Resolution No.

NS-29,731 declaring the existence of a State of Emergency in connection with the CZU August Lightning Complex Fire, confirming the proclamation of same dated August 21, 2020 by the Director of Emergency Services, and ratifying Executive Order 2020-19 issued pursuant thereto; and
WHEREAS, at its December 8, 2020 meeting, the City Council adopted Resolution No. NS-29,750, extending the declaration of emergency to February 6, 2021; and WHEREAS, at its January 26, 2021 meeting, the City Council adopted Resolution No.

NS-29,765, extending the declaration of emergency to March 27, 2021; and WHEREAS, at its March 9, 2021 meeting, the City Council adopted Resolution No.

NS-29,781, extending the declaration of emergency to May 8, 2021; and WHEREAS, at its April 27, 2021 meeting, the City Council adopted Resolution No.

NS-29,803, extending the declaration of emergency to June 26, 2021; and WHEREAS, at its June 22, 2021 meeting, the City Council adopted Resolution No.

NS-29,840, extending the declaration of emergency for another 60 days; and WHEREAS, at its September 21, 2021 special meeting, the City Council adopted Resolution No. NS-29,872, extending the declaration of emergency for another 60 days; and WHEREAS, at its November 9, 2021 regular meeting, the City Council adopted Resolution No. NS-29, 885, extending the declaration of emergency for another 60 days; and WHEREAS, at its December 14, 2021 regular meeting, the City Council adopted Resolution No. NS-29-899, extending the declaration of emergency for another 60 days; and WHEREAS, at its February 8, 2022 regular meeting, the City Council adopted Resolution No. NS-29,925, extending the declaration of emergency for another 60 days; and WHEREAS, at its March 22, 2022 regular meeting, the City Council adopted Resolution No. NS-940, extending the declaration of emergency for another 60 days; and WHEREAS, at its May 10, 2022 regular meeting, the City Council adopted Resolution No. NS-974, extending the declaration of emergency for another 60 days; and WHEREAS, at its June 28, 2022 regular meeting, the City Council adopted Resolution No. NS-30,007, extending the declaration of emergency for another 60 days; and

11.4 RESOLUTION NO. NS-XX,XXX
3 WHEREAS, at its August 23, 2022 regular meeting, the City Council adopted Resolution No. NS-30,028, extending the declaration of emergency for another 60 days; and WHEREAS, at its October 11, 2022 regular meeting, the City Council adopted Resolution No. NS-30,048, extending the declaration of emergency for another 60 days; and WHEREAS, although the CZU Lightning Complex fire has been contained, areas of open space, including Pogonip and Sycamore Grove remain in a an extremely dry and fire prone condition, making the risk of wildfire caused by campfires associated with illegal encampments particularly grave; and
WHEREAS, the risk of severe wildfire is further exacerbated by current serious drought conditions and decreasing water supply; and
WHEREAS, based on the foregoing, the City’s emergency response to the CZU Lightning Complex fire will likely be ongoing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:

A. That the City Council hereby declares that the local health emergency declaration adopted at its August 25, 2020 regular meeting by Resolution No. NS-29,704, and confirmed and readopted at its October 27, 2020 regular meeting by Resolution No. NS-29,731, extended an additional 60 days on December 8, 2020 by Resolution No. NS-29,750, January 26, 2021 by Resolution No. NS-29,765, March 9, 2021 by Resolution No. NS-29-781, April 27, 2021 by Resolution No. NS-29,803, June 22, 2021 by Resolution No. NS-29,840, and the local health emergency extended an additional 60 days at its special meeting on September 21, 2021 by Resolution No. NS-29,872, extended an additional 60 days at its regular meeting on November 9, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, and August 23, 2022, by Resolution Nos. NS-29,885, NS-29,899, NS29,925, NS-29,940, NS-29-974, NS-30,007, and NS-30,026, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. That said local health emergency is hereby proclaimed terminated thereafter unless further extended by subsequent City Council action; and
C. That, all previously ratified Executive Orders shall remain in force and effect for the duration the emergency, unless sooner rescinded by subsequent City Council action.

11.5 RESOLUTION NO. NS-XX,XXX
4 PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

11.6 City Council

AGENDA REPORT
DATE: 10/28/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
RECOMMENDATION: Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

BACKGROUND: On March 4, 2020, Governor Newsom issued a proclamation of State of Emergency in response to the developing COVID-19 pandemic. Due to the continued spread of the virus, the Governor issued Executive Order N-29-20 on March 17, 2020, which included a provision authorizing suspensions to the Ralph M. Brown Act’s (“Brown Act”) teleconferencing rules in order to facilitate virtual meetings while public health orders were in place.

On June 11, 2021, the Governor issued Executive Order N-08-21, which provided that the Brown Act teleconferencing suspensions would expire after September 30, 2021. On September 16, 2021, the Governor signed Assembly Bill 361 (“AB 361”), an urgency measure taking effect immediately, which amended the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology provided certain conditions are met.

DISCUSSION: AB 361 allows for teleconferenced meetings during a declared State of Emergency, as defined under the California Emergency Services Act, if one of the following circumstances apply: (1) State or local officials have imposed or recommended measures to promote social distancing; (2) The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (3) The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.1 The Governor’s March 4, 2020 proclamation of State of Emergency is still in effect. Measures continue to exist that impose and recommend measures to promote social distancing. The California Department of Public Health (“CDPH”) requires that all individuals wear masks indoors in specific, high-risk settings.2 Further, the CDPH and the Santa Cruz County Health 1 Cal. Gov’t Code § 54953(e)(1)(A)-(C)
2 See CDPH, Guidance for the Use of Face Coverings (Updated September 20, 2022), https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.

12.1 Officer strongly recommend that all individuals continue to wear masks in indoor public settings.3
The highly transmissible omicron variant continues to contribute to positive cases and hospitalizations locally and throughout the State. Additionally, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID19 cases. As such, holding meetings in person would present imminent risks to the health or safety of attendees due to the continued spread of COVID-19.

To continue teleconferenced meetings under AB 361, the City Council will need to declare every thirty (30) days that it has reconsidered the circumstances of the State of Emergency and either (1) the State of Emergency continues to directly impact the ability of the members to meet safely in person; or (2) State or local health officials continue to impose or recommend measures to promote social distancing.4
This declaration is needed for any use of teleconferenced meetings pursuant to AB 361, including for two City meeting models: (1) A City Council hybrid model that uses the City Council Chambers as an in person venue along with teleconference attendance; and (2) Continued use of teleconferencing for City Council and Brown Act City boards, commissions and committees.

At its regular meeting of October 12, 2021, the City Council adopted Resolution No. NS-29,877, authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361. At its regular meetings of November 9, 2021, November 23, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 24, 2022, June 14, 2022, June 28, 2022, August 9, 2022, August 23, 2022, September 13, 2022, October 11, 2022, and October 25, 2022 the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, NS 29,994, NS-30,005, NS-30,017, NS-30,028, NS-30,035, NS-30,049, and NS-30,053, further authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361.

This Resolution would re-authorize the legislative bodies of the City of Santa Cruz to continue to use teleconferenced meetings for an additional thirty (30) from the date of its adoption.

FISCAL IMPACT: None.

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX
3 See Press Release, Twelve Bay Area Health Officers to Life Most Indoor Mask Mandates on February 16 (Feb. 9, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/02.09.22%20ABAHO%20Masking_FINAL.pdf.

See also, BAY AREA HEALTH OFFICERS URGE PUBLIC TO TAKE PRECAUTIONS AS COVID LEVELS RISE (May 13, 2022),
https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/ABAHOMaskRecommendationENG.05132022.pdf. 4 Cal. Gov’t Code § 54953(e)(3).

12.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

THE CONTINUED USE OF TELECONFERENCED MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, due to the threat of COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provision suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, and either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees;
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. NS-29, 877, making its initial finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and WHEREAS, on November 9, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 24, 2022, June 14, 2022, June 28, 2022, August 9, 2022, August 23, 2022, September 13, 2022, October 11, 2022, and October 25, 2022, the City Council adopted Resolution Nos.

NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, NS29,954, NS-29,975, NS-29,987, NS-29,994, NS-30,005, NS-30,017, NS-30,035, NS-30,049, and NS-30,053, each making a subsequent finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and WHEREAS, as a condition of authorizing the continued use of teleconferenced meetings, the City Council must, every 30 days, reconsider the circumstances of the State of Emergency that exists in the City and the City Council has done so; and

12.3 2
WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, remains in effect; and
WHEREAS, the California Department of Public Health and the Santa Cruz County Health Officer require that all individuals wear face coverings indoors in specified high-risk settings, and continue to strongly recommend that all individuals wear face coverings in indoor public settings; and
WHEREAS, the highly contagious omicron variant continues contribute to the increase in positive cases and hospitalizations locally and throughout the State of California, demonstrating the unpredictable nature of the pandemic, and that transmission rates have the potential to rise quickly; and
WHEREAS, other variants of COVID-19 exist, including an Omicron subvariant, BA.5, and it is unknown at this time whether this or other variants may result in a new surge in COVID-19 cases; and
WHEREAS, due to the continued impact of COVID-19, the City continues to be concerned about the health and safety of attendees at public meetings should they be held in person and in a shared indoor public meeting space, as such, the City Council desires to take the actions necessary to comply with AB 361 and to continue to hold its meetings in a hybrid format, providing both in-person and virtual participation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:

A. The City Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020 remains in effect; and B. The City Council finds that due to the emergence of the omicron variant and the continued threat of COVID-19, holding in person meetings for the City Council, City Commissions, and City Committees continues to present imminent risks to the health or safety of attendees.

C. The legislative bodies of the City of Santa Cruz are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

D. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) thirty days from the adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Santa Cruz may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.

12.4 3
PASSED AND ADOPTED this 15th day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

12.5 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
October 25, 2022
11:30 AM
Mayor Brunner opened the City Council Closed Session at 11:31 a.m. in a public meeting in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (via Zoom), Meyers; Vice Mayor Watkins; Mayor Brunner.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, Human Resources Director L. Murphy, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Public Comment
Mayor Brunner opened the public comment period at 11:32 a.m. There were no speakers. Mayor Brunner closed the public comment period at 11:33 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Closed Session

1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator, and no reportable action was taken.

13.1 October 25, 2022 CITY COUNCIL MINUTES 6257
Closed Session (continued)

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
Council received a status report from the City Attorney’s Office, and took no reportable action.

13.2 October 25, 2022 CITY COUNCIL MINUTES 6258
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
October 25, 2022
1:00 PM
Call to Order – Mayor Brunner called the meeting to order at 1:09 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (via Zoom), Meyers; Vice Mayor Watkins; Mayor Brunner.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Director of Economic Development B.

Lipscomb (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Human Resources Director L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Water Director R. Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Sustainability and Climate Action Manager T. Wise-West, Principal Management Analyst L. Bass (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Presentations

3. Annual Climate Adaptation Plan Progress Update
Sustainability and Climate Action Manager T. Wise-West gave a presentation and responded to Councilmember questions.

Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6256—6257 for the report.

13.3 October 25, 2022 CITY COUNCIL MINUTES 6259
Council Meeting Calendar

4. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

Council Memberships in City Groups and Outside Agencies

5. The Presiding Officer provided Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting.

Councilmember Brown: Santa Cruz County Regional Transportation Commission (RTC), Association of Monterey Bay Area Governments (AMBAG), Monterey Bay Air Resources District (MBARD), and Area Agency on Aging (AAA).

Councilmember Kalantari-Johnson: Santa Cruz Metropolitan Transit District Board (METRO).

Vice Mayor Watkins: Santa Cruz Community Farmers’ Market.

Mayor Brunner: Homelessness 2x2 Committee.

Consent Agenda
City Clerk Administrator B. Bush responded to Councilmember Brown’s question regarding item 7.

Mayor Brunner opened the public comment period. The following people spoke:

James Ewing spoke regarding item 6.

Unidentified person spoke regarding item 9.

Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to approve the Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

13.4 October 25, 2022 CITY COUNCIL MINUTES 6260
Consent Agenda (continued)

6. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,053 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

7. Minutes of the October 11, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

8. Coastal Conservancy Vegetation Management/Equipment Purchase - Grant Acceptance, Authorization and Appropriation (FD)
Motion carried to:
 Adopt Resolution No. NS-30,054 authorizing the City Manager to apply for, accept, and appropriate funds from the Coastal Conservancy Vegetation Management/Equipment Purchase Grant to conduct vegetation management activities in the Pogonip/Arana Gulch open spaces; and  Adopt Resolution No. NS-30,055 amending the FY 2023 Fire Department budget to appropriate $219,499 to hire a contractor to perform vegetation management activities in the Pogonip/Arana Gulch open spaces and purchase a chipper and masticator blade attachment.

9. Greenwaste, Wood Waste, and Construction and Demolition Material Grinding Service – Change Order (PW)
Motion carried to approve a change order with Vision Recycling (Fremont, CA), for providing greenwaste, wood waste, and construction and demolition grinding services at the Resource Recovery Facility. The City Manager is hereby authorized and directed to execute the change order in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

13.5 October 25, 2022 CITY COUNCIL MINUTES 6261
Consent Agenda (continued)

10. 3 Water Cogeneration Cooling Line Replacement (c401407) – Notice of Completion (PW)
Motion carried to accept the work of ACCO Engineered Systems, Inc. (Pasadena, CA) and authorize the filing of the Notice of Completion for 3 Water Cogeneration Cooling Line Replacement (c401407).

11. Operation and Maintenance Agreement with the Soquel Creek Water District for the Operation and Maintenance of the Pure Water Soquel Project Facilities located at the City of Santa Cruz Regional Wastewater Treatment Facility (PW) Motion carried authorizing the City Manager to execute an Operation and Maintenance Agreement between the City of Santa Cruz and Soquel Creek Water District (Soquel, CA) for the Operation and Maintenance of the Pure Water Soquel Project Facilities located at the Santa Cruz Regional Wastewater Treatment Facility, in a form acceptable to the City Attorney.

12. Approval of Plans and Specifications for the Rodriguez Street Water Main Relocation Project and Ratify Construction Contract with Anderson Pacific Engineering – Budget Adjustment (WT)
Motion carried to:
 Approve the plans and specifications for the Rodriguez Street Water Main Relocation Project (c700003); and
 Ratify the Construction Contract for the Rodriguez Street Water Main Relocation Project with Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) in the amount of $224,026 and authorize the Water Director to execute change orders within the approved project budget; and  Adopt Resolution No. NS-30,056 amending the FY 2023 budget to transfer $225,000 within the Water Department's Capital Investment Program (CIP) from project c701507, Main Replacements - Distribution Section, to project c700003, Main Replacements - Outside Agency.

13.6 October 25, 2022 CITY COUNCIL MINUTES 6262
Consent Agenda (continued)

13. Dudek Master Service Agreement for California Environmental Quality Act Compliance and Environmental Permitting: First Amendment (WT) Motion carried authorizing the City Manager to execute with Dudek (Santa Cruz, CA) the Master Service Agreement, in a form to be approved by the City Attorney, for California Environmental Quality Act Compliance and Environmental Permitting: First Amendment, authorizing a revised fee schedule and extending the term of the contract, and to authorize the Water Director to execute future Master Service Agreement renewals and amendments per the agreement.

End Consent Agenda
Consent Public Hearings
Mayor Brunner opened the public comment period. There were no speakers. Mayor Brunner closed the public comment period.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember KalantariJohnson, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

14. Tri-Annual, 2022 Building Standards Code Adoption, Consistent with the State Building Standards Commission and the International Code Council Tri-Chapter Uniform Code Committee Amendments through Introduction of an Ordinance Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2022 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare (PL)
Introduce for publication Ordinance No. 2022-13 amending Title 18 of the Municipal Code and adopting the 2022 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including referenced appendices, amendments, and modifications.

13.7 October 25, 2022 CITY COUNCIL MINUTES 6263
Consent Public Hearings (continued)

15. Adoption of the 2022 Edition of the California Fire Code and Fire Code Standards, Including Annual Supplements and State Amendments and Errata (FD)
Introduce for publication Ordinance No. 2022-14 to (1) amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2022 edition of the California Fire Code and make other amendments; and (2) amend Santa Cruz Municipal Code Chapter 19.10.

General Business

16. Youth Well-being Snapshot – Status Update (PR)
Director of Parks and Recreation T. Elliot, Councilmembers Kalantari-Johnson and Golder, Vice Mayor Watkins, and Chris Alonso, Youth Action Network Coordinator with United Way, spoke and responded to Councilmember questions.

Principal Management Analyst L. Bass responded to Councilmember questions.

The City Council took a break at 2:47 p.m. and returned at 4:30 p.m. 4:30 PM
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 4:31 p.m. Mayor Brunner opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

James Ewing spoke regarding the contents in his thermos, the Fabian Society, and detoxing.

Unidentified person spoke in support of Measure O.

Unidentified person spoke regarding voting guides and various measures on the ballot.

Unidentified person spoke regarding a tree cutting permit notice.

Unidentified person spoke regarding the Water Street Bridge memorial.

13.8 October 25, 2022 CITY COUNCIL MINUTES 6264
Oral Communications (continued)
Unidentified person spoke regarding the Downtown Library Project and with concerns for the state of downtown.

Jason Lopez spoke regarding 180 Dakota Ave and the new fencing they had to install due to the Benchlands encampment.

Unidentified person spoke regarding saving the heritage trees on lot 4 and in support of Measure O.

Joy Wood spoke in support of Measure O.

Elise spoke regarding the Wharf Master Plan, and in support of Measure O.

Monoshari spoke regarding cycling and making Santa Cruz safer for cyclists.

Jane Doyle spoke regarding homelessness and the $14 million the City of Santa Cruz received.

At 4:55 p.m. Mayor Brunner closed Oral Communications.

Recess - The City Council recessed at 5:04 p.m. to the 6:00 p.m. session.

13.9 October 25, 2022 CITY COUNCIL MINUTES 6265
City Council
6:00 PM
Call to Order – Mayor Brunner called the meeting to order at 6:01 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (via Zoom), Meyers; Vice Mayor Watkins; Mayor Brunner.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Director of Economic Development B.

Lipscomb (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Fire Chief R. Oatey (via Zoom), Economic Development Manager R. Unitt (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Acting Division Chief-Prevention/Fire Marshal T. Shields (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

General Business

17. Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED)
Director of Economic Development B. Lipscomb introduced the item and responded to Councilmember questions.

Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

Ian McCrae
Enda Brennan
Unidentified person
Alex
Elise Casby
Alexis Carr
Maya Zohara

13.10 October 25, 2022 CITY COUNCIL MINUTES 6266
General Business (continued)

17. Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED) (continued)
Public Comment Period (continued)
Peter Bichier
Sandra
Max
Mayor Brunner closed the public comment period.

MOTION: Councilmember Cummings moved, seconded by Councilmember Golder, to:
1) Establish an outdoor dining subcommittee to work with staff and community stakeholders on issues and concerns related to temporary and permanent outdoor dining.
2) Direct staff to return to Council no later than the second Council meeting in February 2023 with the Parklet Guidelines and Parklet Fee Schedule, and an ordinance establishing a permanent parklet program citywide for adoption, and
3) Direct subcommittee to work with staff and community stakeholders to explore extending forgivable loans to businesses on private property. 4) In coordination with the subcommittee and community stakeholders, direct staff to coordinate with the Coastal Commission and process a Coastal Permit to authorize the implementation of the Parklet Ordinance for the construction, use, or operation of parklets within the coastal zone under Chapter 5.83 of the Santa Cruz Municipal Code (SCMC); and 5) Direct staff to initiate the process of repealing SCMC Section 24.10.2341 “Outdoor Curb Extension Area” pursuant to SCMC Chapter 24.06.

After discussion, Councilmember Cummings restated number 2 to read:
2) Direct staff to return to Council no later than the second Council meeting in February 2023, with the Parklet Guidelines and Parklet Fee Schedule.

13.11 October 25, 2022 CITY COUNCIL MINUTES 6267
General Business (continued)

17. Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED) (continued)
ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember Kalantari-Johnson, to introduce for publication Ordinance No. 2022-15 establishing a permanent parklet program citywide.

Councilmember Cummings stated for the record while he is supportive for having this kind of ordinance, he won’t be supportive of this motion as he thinks it would be in the best interest of the community since he knows a lot of community members would like to weigh in before Council takes action.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

13.12 October 25, 2022 CITY COUNCIL MINUTES 6268
General Business (continued)

18. Permanent Outdoor Dining Program Update: Private Property Permitting (ED) Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

Unidentified person
Karen Madura
Unidentified person
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember Cummings, to direct staff to make the necessary revisions to the municipal code for future Council consideration in early 2023 to develop a streamlined permit for private property outdoor dining, and direct staff to continue to work with Coastal Commission staff to allow for the construction, use, or operation of permanent outdoor dining on private property within the coastal zone.

FRIENDLY AMENDMENT: Councilmember Cummings requested to include direction to staff to work with the subcommittee and stakeholders to make the necessary revisions. Vice Mayor Watkins accepted.

ACTION: The motion carried as amended, unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

13.13 October 25, 2022 CITY COUNCIL MINUTES 6269
General Business (continued)

19. Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.

Assistant Director of Public Works/City Engineer N. Nguyen and Acting Division Chief-Prevention/Fire Marshal T. Shields spoke.

Mayor Brunner opened the public comment period. The following people spoke.

Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to:
1) Introduce for publication Ordinance No. 2022-16 amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public right-ofway, currently set to expire the end of this December through October 31, 2023; and
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration date to March 31, 2023 for the partial closure of Cathcart Street; and
2) Direct staff to work with business and property owners to assess design to accommodate public safety and two-way traffic on Cathcart Street.

13.14 October 25, 2022 CITY COUNCIL MINUTES 6270
General Business (continued)

19. Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) (continued)
FRIENDLY AMENDMENT: Councilmember Cummings requested to amend the motion to change extension dates to March 31, 2024. Councilmember Meyers did not accept.

MOTION TO AMEND: Councilmember Cummings moved, seconded by Councilmember Brown, to:
1) Introduce for publication Ordinance No. 2022-16 amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public right-ofway, currently set to expire the end December 2022 through March 31, 2024.
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration for the partial closure of Cathcart Street to March 31, 2024.
2) Direct staff to work with business and property owners to assess design to accommodate public safety and two-way traffic on Cathcart Street.

ACTION: The motion to amend was not accepted with the following vote.

AYES: Councilmembers Cummings, Brown.

NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

ABSENT: None.

DISQUALIFIED: None.

13.15 October 25, 2022 CITY COUNCIL MINUTES 6271
General Business (continued)

19. Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) (continued)
ACTION: The original motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The City Council adjourned at 9:38 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

13.16 City Council

AGENDA REPORT
DATE: 10/20/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Clerk
SUBJECT: Set Meeting Dates for Annual Advisory Body Interviews and Appointments and Reappointments (CC)
RECOMMENDATION: Motion to set the meeting dates for the advisory body applicant interviews at a Special Meeting scheduled on Tuesday, January 17, 2023 at 6:00 p.m., and appointments and reappointments scheduled at the Regular Meeting of Tuesday, January 24, 2023.

BACKGROUND: The Council makes annual advisory body appointments to either fill existing vacancies or reappoint members whose terms have expired, if they are eligible to be reappointed according to Council Policy 5.1.

DISCUSSION: Attached is a list of the positions that will be open for appointment and/or reappointment.

In order to proceed with advertising to solicit applications for these openings, Council should set the dates for applicant interviews and appointments.

The application deadline will be 5:00 p.m. on Wednesday, January 11, 2023, so that the Advisory Body books may be delivered to Council on Thursday, January 12, 2023.

Staff have been releasing bimonthly notices of advisory body vacancies through email distribution lists and are advertising continuously on the City website. Staff will provide the same information to Community TV for display during non-broadcast times or Council meeting breaks. Display ads will be placed in the following newspapers:

Media Publish Date
Santa Cruz Sentinel 1/1/23 (Sunday)
Good Times/Weekly 1/4/23 (Wednesday)
Unless Council directs otherwise, the applicant interviews will be held in Council Chambers starting at 6:00 p.m. on January 17, 2023.

FISCAL IMPACT: None.

14.1 Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2023 VACANCY SUMMARY.PDF

14.2 SUMMARY OF JANUARY 2023ADVISORY BODY

VACANCY SUMMARY
The following at-large positions are open for reappointment and or reappointment. Council will interview candidates at the meeting of January 17, 2023 and make appointments at the meeting of January 24, 2023.

All terms are for four years and will expire on January 31, 2027 (with the exception of one opening on the Arts Commission which has a term expiration of 1/1/2024 and one opening on the Commission for the Prevention of Violence Against Women, which has a term expiration of 1/1/2025 ).

Arts Commission Four openings
Board of Building and Fire Appeals Six openings
Commission for the Prevention of Violence Against Women, Councilmember Kalantari-Johnson’s nomination
Four openings
Equal Employment Opportunity Committee Three Openings
Downtown Commission One opening
Historic Preservation Commission One opening
Parks and Recreation Commission Two openings
Planning Commission Two openings
Sister Cities Committee Three openings
Transportation and Public Works Commission One opening
Water Commission One opening

14.3 City Council

AGENDA REPORT
DATE: 10/20/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Clerk
SUBJECT: Resolution Setting the Regular Meeting Schedule for the Calendar Year 2023 (CC)
RECOMMENDATION: Resolution setting the regular meeting schedule for the calendar year 2023, and canceling the following meeting dates: July 11 and 25, and December 26.

BACKGROUND: Each year the City Council adopts its regular meeting schedule calling for a mid-year break in July and an end-of-year break in December.

DISCUSSION: The regular meeting dates of July 11 and 25 will be cancelled, as well as the second regular meeting in December, December 26. Cancellation of these meetings enables both staff and Councilmembers to plan ahead with respect to work flow. A July recess also applies to City advisory bodies, unless a time-sensitive issue, such as an appeal, requires a decision prior to the next regular meeting.

Council Policy 14.6 "Jewish Holidays - Meeting and Event Scheduling" sets forth City observance of the Jewish holidays of Passover, Rosh Hashanah, Yom Kippur, and Hanukkah to be the first day only, beginning at sundown of the previous day.

Regarding Council Study Sessions, they will be agendized as needed, typically on the first Tuesdays of each month with the exception of July 4, which will not be held due to the Council recess.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. CITY COUNCIL MEETING CALENDAR 2023 - FULL.PDF

15.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ SETTING THE 2023 CITY COUNCIL MEETING SCHEDULE
WHEREAS, the City Council meets regularly on the second and fourth Tuesdays of each month; and
WHEREAS, the City Council will cancel two regular meetings on July 11 and July 25, and the regular meeting on December 26 to allow for proper scheduling of workflow and vacations; and WHEREAS, in anticipation of a lack of quorum and possible lack of items needing immediate Council action during the month of July and the second meeting in December, the Council wishes to cancel certain Council meetings; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that two regular meetings on July 12 and July 26, and the second regular meeting on December 27 are hereby cancelled.

PASSED AND ADOPTED this 23rd day of November, 2021, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

15.2 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
December 25
January 1
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public January 16
January 17 Council Chambers Special Meeting ‐ Advisory Body Interviews Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public February 20
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public April 5/6
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public TBD Council Chambers Budget Hearings
May 29
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public June 19
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public July 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 15/16
September 24/25 Yom Kippur (City observed ‐ sundown to sundown) City Council Meeting Calendar for 2023
June 27
September 12
February 14
City Hall Closure ‐ Presidents' Day
February 28
City Hall Closure ‐ Juneteenth
Please note: Meeting times are not final and are likely to change City Hall Closure ‐ New Year’s Day
January 10
City Hall Closure ‐ Martin Luther King Jr. Day
January 24
City Hall Closure ‐ Christmas Day
Passover (City observed ‐ sundown to sundown)
April 11
April 25
June 13
March 14
March 28
May 9
May 23
City Hall Closure ‐ Memorial Day
City Hall Closure ‐ Labor Day
August 22
July 11 and 25 Meetings Cancelled ‐ CITY COUNCIL DARK
August 8
City Hall Closure ‐ Independence Day
Rosh Hashanah (City observed ‐ sundown to sundown)

15.3 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
City Council Meeting Calendar for 2023
Please note: Meeting times are not final and are likely to change Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 10
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 23
November 24
December 7/8
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public December 25
November 28
December 12
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
September 26
December 26 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐ sundown to sundown)
November 14
October 10
October 24
City Hall Closure ‐ Veteran's Day (observed)

15.4 City Council

AGENDA REPORT
DATE: 11/07/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Manager
SUBJECT: Contract for City Attorney Services (Effective January 1, 2023) (CM) RECOMMENDATION: Motion to approve the City Attorney Legal Services Agreement, commencing January 1, 2023, and authorize the City Manager to execute the contract.

BACKGROUND: The proposed agreement would include a 7.5% increase in fees for City Attorney services from the current rates and would establish a new term for annual renewal on a calendar year basis, consistent with the City Attorney performance review schedule.

DISCUSSION: Since 1964, the City of Santa Cruz has contracted with one law firm for City Attorney services (currently named Atchison, Barisone & Condotti). Anthony Condotti was appointed to the position of City Attorney in April of 2015. Under the terms of the agreement entered into for the FY 2018, the City agreed pay for general legal services for a flat fee of $660,342.38 per year for the first 260 hours per month, and a rate of $210 per hour for all attorneys for general legal services in excess of 260 hours per month. Fees for City Attorney legal services were most recently amended in FY 2019 at which time, as part of a citywide cost saving effort, the City Attorney voluntarily increased the number of hours provided under the flat fee to 275 from 260, reducing the effective hourly rate under the flat fee to approximately $200/hour from $210/hour.

Current hourly rates for litigation and other special legal services (which have not been adjusted since FY 2015) are $265 per hour for lead attorneys, $225-$255 for other attorneys, $125-145 per hour for paralegals and law clerks, and $90.00 per hour for legal assistant and administrative staff.

Proposed Amendments
Under the proposed Agreement, City Attorney legal services would continue under substantially the same terms and conditions, with a 7.5% across the board increase. The flat fee for the first 275 hours per month of general legal services would increase to $710,000 annually.

Fees beyond the flat fee per month in excess of 275 hours per month would be as follows:
- General legal services - $225.75/ hour
- Special legal services (all per hour):
- $285 for lead attorneys
- $242-$275 for other attorneys

16.1 - $135-$156 for paralegals and law clerks
- $97 for legal assistant and administrative staff
The only other substantive change would be to establish an annual term (the current Agreement is open-ended) commencing on January 1, 2023 and subject to annual extensions on a calendar year basis, unless either party gives notice of non-renewal at least 120 days prior to the expiration of the then-current term.

FISCAL IMPACT: Fees for City Attorney legal services are included in the FY 2023 annual budget and would increase on January 1, 2023 per the proposed amendment. If additional appropriations are needed, staff will bring a budget adjustment to Council at mid-year (February 2023).

Prepared/Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROPOSED AGREEMENT.DOCX

2. 2023 LEGAL SERVICES PROPOSAL.DRAFT.DOCX

16.2 - 1 -

AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF SANTA CRUZ, a Municipal Corporation, hereinafter referred to as “City,” and ANTHONY P.

CONDOTTI and ATCHISON, BARISONE, & CONDOTTI, a Professional Corporation, hereinafter referred to as “Law Firm”, effective as of January 1, 2023.

WHEREAS, ANTHONY P. CONDOTTI (hereinafter referred to as “Attorney”), is the appointed City Attorney of City of Santa Cruz; and
WHEREAS, Attorney is a shareholder in the Law Firm whose members and associate attorneys (hereinafter referred to as “Law Firm Attorneys”) specialize in the field of Governmental and Municipal law; and
WHEREAS, the CITY COUNCIL of City has determined it is in the best interest of City that Attorney provide legal services as City Attorney by this Agreement.

NOW, THEREFORE, the parties hereby incorporate the recitals above and agree as follows:

1. City Attorney and Law Firm. Attorney shall provide, along with the services of Law Firm Attorneys and employees, all of those usual legal services required by City and customarily provided by the City Attorney, in particular, those legal services specified in Section 812 of the Santa Cruz City Charter. Attorney shall be the designated “City Attorney” for such purposes as may be required by law for the term of the Agreement. Law Firm shall devote such time and provide such services as may be reasonably necessary to carry out the purposes of this Agreement, and each member and associate of Law Firm shall be deputized therefor, and wherever required by the circumstances, or applicable laws or regulations, each shall be referred to as Deputy City Attorney, Assistant City Attorney or Associate City Attorney.

2. Term. The term of this Agreement shall commence on January 1, 2023 and shall continue until December 31, 2023 unless sooner terminated by either party in accordance with Paragraph 5 of this Agreement provided, however, that it shall be automatically extended annually thereafter unless either party gives notice of termination in accordance with Paragraph 12, below, at least one-hundred twenty (120) days prior to the scheduled expiration date.

3. Annual Rate; Other Rates. City shall pay to Law Firm for the provision of all general legal services hereunder, for the first 275 hours per calendar month, the sum of $710,000 net after City’s PERS retirement contribution (as indicated below), payable in equal monthly installments on the first day of each month during the term hereof. General legal services by Law Firm Attorneys in excess of 275 hours per calendar month shall be provided at the hourly rate of $225.75 per hour. For purposes of this Agreement, “general legal services” shall be defined to include legal services identified in Paragraph 1, except for those services defined as “special legal services” in Paragraph 5. All legal services will be charged by the Law Firm in increments of 1/10 of an hour (i.e., six-minute units). The first such monthly installment shall be paid on or before February 1, 2023, for the period commencing January 1, 2023.

16.3 - 2 -
City shall pay Law Firm for all special legal services, as defined herein, on an hourly basis at a rate of $285 per hour for work done by Law Firm Shareholders, $242-$275 for all other Law Firm Attorneys as determined by Attorney, and $135-156 per hour for work done by Law Firm Paralegals and Law Clerks, and $97 per hour for legal assistants and administrative staff. All Law Firm Attorneys will be available to provide special legal services and Attorney, in his discretion, will assign Law Firm Attorneys in connection with the provision of special legal services.

On or after January1st of each year following the effective date of this Agreement, Law Firm may adjust the rates and fees specified herein in accordance with the change in the San Francisco Bay Area Consumer Price Index for All Urban Consumers (CPI-U) for the prior twelve (12) month period provided, however, that Law Firm shall provide City with no less than thirty (30) days advance written notice prior to the effective date of such adjustment. Otherwise, no change in Law Firm's rates or fees shall become effective until approved in advance by the City in writing.

4. Reimbursement for Out-of-Pocket Expenses. Law Firm shall be reimbursed, upon filing of a proper claim therefor, for all out-of-pocket expenses and costs advanced or paid on behalf of the City, including, but not limited to, all court reporter fees and charges, on-line legal research fees, title company fees and charges, court costs, costs of outside investigators, or experts pertaining to general City litigation, copying, printing, scanning of documents, travel expenses, membership fees in organizations of municipal attorneys, and other similar costs and expenses. In this regard, City has determined that it is in the best interest of City that Law Firm Attorneys keep abreast of developments in Municipal Law, and one or more of them shall be expected to attend conferences of the League of California Cities, conferences of International Municipal Lawyers Association, the American Bar Association State and Local Government Section, the National District Attorneys Association, conferences and meetings of Bay Area City Attorneys, and such other courses and seminars in Municipal Law as may be necessary to maintain current proficiency. Further, Law Firm Attorneys will be expected to serve on, and attend meetings of, official committees of the League of California Cities. Law Firm shall be reimbursed for reasonable out-of-pocket expenses for travel, lodging and incidental expenses in connection with service upon and attendance at such official committee meetings, conferences, courses and seminars, not to exceed $16,000 per year.

5. Special Legal Services. For purposes of this Agreement, special legal services shall include:
a. Representation of City in civil or criminal litigation matters or administrative proceedings, including alternative dispute resolutions such as mediations and arbitrations;
b. Representation of City relating to violations of City codes and ordinances; c. Eminent domain (condemnation) work, post adoption of a necessity determination;

16.4 - 3 -
d. Legal services provided at City's request to any independent or separate agency or entity of government where the City Council does not act as a legislative body, or which is not operated as a department or division of the City. Examples of separate agencies or entities are joint powers authorities and non-profit corporations governed by administrative or legislative bodies other than the City Council acting in its capacity as the City Council;
e. Preparation of development agreements, subdivision agreements, or special projects and meetings pertaining to such matters for which the City may recover the legal fees or expenses from a third party developer or applicant; f. Legal services in connection with municipal bonds, certificates of participation, assessment proceedings or other types of capital improvement financing by or within the City, or legal proceedings undertaken in connection therewith; g. Negotiation and interpretation of MOUs and other labor related matters, including disciplinary proceedings, except to provide general legal advice on personnel matters related to the City’s Personnel Rules & Regulations, and at the request of the City, review recommendations of the City’s contract labor attorneys; h. Legal services that are required to enforce the rules and regulations of any rent stabilization or rent control ordinance, adopted by the City Council or the electors of the City;
i. Civil or criminal municipal code enforcement services in excess of fifteen (15) hours per calendar month and paralegal services provided to the Partnership for Accountability, Connection and Treatment Program (“PACT”) in excess of thirtytwo (32) hours per calendar month; j. Legal services provided at the City’s request and for which the City may, in its discretion, seek reimbursement from a third party, including but not limited to legal services provided in connection with a real property transaction or development proposed by a private party or entity; and
k. Legal services outside the scope of typical municipal legal services, or special projects, as determined by, and at the discretion of, the City Council or City Manager.

6. PERS. City acknowledges it has authorized participation by Attorney as the City Attorney in the Public Employees Retirement System of the State of California (PERS), with the basis for calculation of contributions as required by City’s contract with PERS pursuant to Resolution No. NS-27,946 (adopted Oct. 14, 2008).

7. Law Firm to Pay Overhead. Law Firm shall provide all reasonable and necessary office facilities, equipment, books, supplies, secretarial services, employee benefits, insurance

16.5 - 4 -
policies and other property or services necessary to carry out and provide the legal services required under this Agreement, and shall be responsible for all upkeep, care, maintenance, and risk of loss thereof.

8. No Assignment. Agreement shall not be assigned by Law Firm without the consent of City, except to Attorney, or to a partnership or a professional legal corporation of which Attorney is a partner or shareholder.

9. Conflict of Interest. Law Firm shall not accept private cases or clients which in the reasonable exercise of judgment by Law Firm Attorneys will, or may in the future, create conflicts of interest between City and such clients or cases. Should any such conflict develop, despite efforts to avoid conflicts, then Law Firm and its attorneys will immediately notify the City Council or City Manager and appropriate measures will be agreed upon to remove the conflict or to resolve it consistent with Attorney and Law Firm’s professional ethical obligations.

10. Insurance. Law Firm agrees to carry and maintain for the duration of this contract errors and omissions/professional liability insurance in the amounts specified in Exhibit A to this Agreement.

11. Indemnification. Law Firm agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, and agents (“Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, or judgments, and expenses, including attorneys’ fees and costs (collectively, “Losses”) caused by the negligence, recklessness or willful misconduct by Law Firm, its officers, employees, or agents in any way related to the obligations or performance under this Agreement, except where caused by the negligence or willful misconduct of City, its officials, officers, employees, or agents.

12. Termination. This Agreement may be terminated on the following terms and conditions:
a. By City, upon providing Law Firm with thirty (30) days written notice thereof; provided, however, that in such event City shall pay to Law Firm, on the effective date of such termination, in addition to amounts earned under this contract, an amount equal to four (4) fixed monthly installment payments for general legal services, plus accrued reimbursable expenses. b. By Law Firm, upon providing City with four (4) months written notice thereof. In the event of termination, Law Firm agrees to cooperate fully with City to achieve an orderly transition and assumption of duties by any succeeding City Attorney.

13. Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the CITY Council and signed by all parties.

16.6 - 5 -

14. Severability. Should any provision, section, or subsection of this Agreement be declared invalid or unenforceable by any court of competent jurisdiction, such ruling shall not affect any other provision hereof, and the unaffected provisions shall remain in full force and effect.

15. Counterparts. The parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
“CITY”
CITY OF SANTA CRUZ, a
Municipal Corporation
By: ___________________________________

MATT HUFFAKER, CITY MANAGER
Date: ____________________________________
By: ___________________________________
ANTHONY P. CONDOTTI
CITY ATTORNEY and as

PRESIDENT AND SHAREHOLDER
Date: ____________________________________

16.7 LAW OFFICES
PO BOX 481

SANTA CRUZ, CALIFORNIA
95061-0481
P:831-423-8383; F:831-576-2269

ATCHISON, BARISONE & CONDOTTI, APC JOHN G. BARISONE
ANTHONY P. CONDOTTI
BARBARA H. CHOI
CATHERINE M. BRONSON
* * *
STEPHANIE M. DUCK
ALEX C. GEISE
MATTHEW B. GRACE
STEPHANIE Y. HALL
MONICA S. HAMMER
SAMUEL L. HUMY
VICTORIA K. THOMPSON
ASHLEY B. WHEELOCK October 15, 2022
Mayor Sonja Brunner and
Members of the City Council
City of Santa Cruz
809 Center Street
Santa Cruz CA 95060
Re: Contract for Legal Services
Dear Mayor Brunner and Members of the City Council:

It has been an honor and a privilege to serve as City Attorney for the City of Santa Cruz over the past seven ½ years, and to carry on our law firm’s proud tradition of service to the City since1964. This year marks the 58th consecutive year in which our law firm has provided contract city attorney legal services to the City of Santa Cruz and, as of September 13th,, 2022, my 29th year representing the City. Our longstanding relationship with the City, in conjunction with the fact that we are virtually located on the City Hall campus, has often resulted in the impression, both at City Hall and in the community at large, that the contract City Attorney’s office functions as a regular City department. In light of this history, the City Attorney’s office is also considered one of the most important repositories of institutional memory among the various offices within the City. Given these factors, our relationship with the City as a contract city attorney law office is very unusual, if not unprecedented, among California municipalities.

Having been in business for almost six decades, we are also one of the oldest continuously operating law firms in Santa Cruz County, and this factor contributes to the firm’s excellent reputation in the local and state legal community, the court system, the public agency sector, the University and the law enforcement community. In 2019 and 2021, the Santa Cruz County Bar Association recognized two of the firm’s attorneys (John Barisone and Barbara Choi, respectively) for their legal work by awarding them the prestigious Roland K. Hall Award for outstanding public service to the community. The firm’s attorneys are also held in high regard in the state’s municipal law community, where we are active and serve on the following committees of the California League of Cities, City Attorneys Department: Legal Advocacy Committee, Municipal Finance Committee, California Public Records Act Committee, and Attorney Development and Succession Committee. The firm’s attorneys are also active at the national level and are members of the International Municipal Lawyers Association. The firm’s attorneys have served as speakers at state and national legal conferences on municipal law issues. Further, most of our attorneys reside in the City, raise their families here and maintain an active level of participation with local non-profits and other community service organizations. In summary, the attorneys employed by our law firm have over the years been fully invested in the Santa Cruz community, both professionally and personally. That we have served the City continuously for almost 60 years is reflective of the fact that the City has been pleased with the high quality of our legal representation as trusted legal counsel due to our expertise, responsiveness, effectiveness, and integrity.

16.8 Current and Proposed Rates for General Legal Services Although our personnel and overhead expenses have continued to increase, being mindful of the significant budget challenges the City has faced over the past several years, our rates for general legal services have not been increased since Fiscal Year 2017/18. Under the terms of the agreement entered into for the Fiscal Year 2017/18, the City agreed to compensate our firm for general legal services for a flat fee of $660,342.38 a year for the first 260 hours per month, and a rate of $210 per hour for all attorneys for general legal services in excess of 260 hours per month. For Fiscal Year 2018/19, as part of a cost-saving measure, I voluntarily increased the number of hours of legal services provided at the same flat yearly rate to 275 hours per month, resulting in cost savings to the City of approximately

5.5%. As a result, our current effective hourly rates for general legal services are actually lower than they were in Fiscal Year 2017/18.

Beginning January 1, 2023, I am proposing to increase our flat fee for the first 275 hours per month of general legal services from the 2017 rate by approximately 7.5% to $710,000 a year (This represents only a 1% increase in the effective hourly rate compared to the original FY 2017/18 agreement), and our rate for general legal services in excess of 275 hours per month by 7.5% to $225.75 per hour.1 Current and Proposed Rates for Special Legal Services
Presently, our hourly rates for litigation and other special legal services (which have not been adjusted since Fiscal Year 2014/15) are $265 per hour for lead attorneys, $225-$255 for other attorneys, $125- 145 per hour for paralegals and law clerks, and $90.00 per hour for legal assistant and administrative staff. Commencing January 1, 2023, I am proposing to increase our hourly rates for special legal services by approximately 7.5% to $285 for lead attorneys, $242-$275 for other attorneys/law fellows, $135-$156 for paralegals and law clerks, and $97 for legal assistant and administrative staff.2 Our rates for legal services remain substantially below market as evidenced by the rates paid by the City for specialized outside counsel. By way of comparison, during the Fiscal Year 2021/22, the City paid water rights attorney Ryan Bezerra $350 per hour, Clean Water Act attorney Melissa Thorme $400 per hour, Holley Whatley $405 per hour, and construction law attorney Richard Mah $446 per hour.

As we have done for past City Councils, below please find a table of the 2021-2022 legal service budgets of several public agencies, comparable to the City of Santa Cruz either geographically, demographically or in “legal issue profile.” Given this comparison, we feel that our contract proposal is reasonable and that the City receives substantial value in return for the resources it spends for legal services.
1 By way of comparison, the change in the Consumer Price Index (Bay Area, All Urban Consumers) from August 2017 to August 2022 is approximately 18%.
2 The CPI increase from July 2014 (the last time our hourly rates for special legal services were adjusted) to April 2022 is

25.8 %.

16.9 AGENCY POPULATION ATTORNEYS/STAFF 2021-22 BUDGET
City of Santa
Cruz
61,950 7FT, 5PT/6 $1,571,4743
City of
Berkeley
117,145 9/6 $5,078,096
City of Palo
Alto
66,680 6/4 $3,945,192
City of
Monterey
29,874 3/1 $1,231,566
City of Santa
Barbara
88,255 8/6 $4,281,722
Description of General Legal Services
All legal services other than hourly litigation services and other special legal services are provided by our firm pursuant to the general legal services provision of the contract. This includes all day-to-day work for the City’s eleven departments which, among other areas of practice, entails contract drafting and review, personnel work, public utilities work, election law, labor law, construction law, real estate transactional work, the review and drafting of legislation, ordinances and resolutions, and land use and environmental law.

In addition to the City’s various departments, we likewise advise the City Council pursuant to the general legal services provision of the contract. This service includes attendance at regular City Council meetings, attendance by assignment at special City Council meetings and City board and commission meetings, answering legal questions posed by City Councilmembers and Council-appointed board members and commissioners on a regular basis, providing advice under the Brown Act and Public Records Act, and offering conflict of interest opinions under the Political Reform Act and other applicable statutes and laws. Over the course of the past several years, the number of hours our office has devoted to general legal services has grown significantly due to increased workload. For calendar years 2013-2015, we provided an average of 2,568 hours per year of general legal services. In 2016, we provided 3,406 hours of general legal services. For the 2017-2018 fiscal year we provided 4502 hours of general legal services. For the 2018-2019 fiscal year, we provided 5,171 hours of general legal services. In the 2019-2020 fiscal year, we provided 6,871 hours of general legal services. For the 2020-2021 fiscal year, we provided 6,408 hours of general legal services. For the 2021-2022 fiscal year, we provided 7,517.30 hours of general legal services. To meet this increasing demand we have gradually increased our attorney and paralegal staff. We currently employ twelve attorneys (7 full-time 3 FY 2022/23 adopted budget.

16.10 and 5 part-time), two full-time law fellows,4
two full-time paralegals, one legal secretary and three administrative support staff.

Description of Special Legal Services
Special legal services provided on an hourly basis are primarily comprised of court proceedings, such as criminal or civil litigation and code enforcement, and other services for which the City may recover legal fees or expenses from a third party, such as a developer or applicant.

During 2021-22 fiscal year, our office represented the City in 13 new lawsuits. We are actively monitoring and defending a total of 38 ongoing litigation matters filed in this current year and years past. In the 2021-2022 fiscal year, the City’s litigation related attorney fees paid to our firm have totaled $942,459.50 (costs incurred $34,382.95). In the prior 2020-2021 fiscal year, we billed $941,362.00 (costs incurred - $89,275.44). Costs include various court fees, expert witness fees, and costs advanced on behalf of the City in potential liability matters. At the same time, our firm has recovered over $72,000 in attorney’s fees and costs, and assisted the City in collecting over $850,000 in delinquent taxes, fees and costs in litigation cases thus far this fiscal period for the City. Further, based on our office’s efforts in obtaining favorable court rulings and settlements of litigation cases, we estimate that the City avoided potential liability exposure of several hundred thousand dollars.

Under our current agreement, code enforcement matters are provided free of charge for the first 15 hours per month, and on an hourly basis thereafter. For the 2021-2022 fiscal year, the City has paid our firm $293,845.63 in legal fees, and $26,710.00 worth of legal work was provided without charge. Many of the code enforcement matters resulted in recovery of the City’s code enforcement costs, including staff time and attorney fees, as well as delinquent taxes, fees, penalties and fines.

Conclusion
In summary, the proposed Agreement specifies that our office, comprised currently seven full-time and five part-time attorneys (one of-counsel), two law fellows, two paralegals and four other staff members, will provide general legal services to the City commencing January 1, 2023 for a flat fee of $710,000 a year for the first 275 attorney hours per month, and $225.75 per attorney hour per month thereafter.

Special legal services, including litigation, code enforcement (in excess of 15 hours per month), and other services specified on an hourly basis will be provided at the rate of $285.00 per hour for lead attorneys, $242.00-$275.00 for other attorneys, $135.00-156.00 per hour for paralegals and law clerks, and $97.00 per hour for legal assistant and administrative staff. Finally, I will continue, as under prior contracts, to participate in the Public Employees Retirement System.

We appreciate your consideration of our proposal and, as always, thank you very much for your continuing confidence in our firm. I will be pleased to answer any questions which Councilmembers may have.
4 Recent law school graduates awaiting bar exam results (due Nov. 10th).

16.11 Very truly yours,
Anthony P. Condotti
City Attorney
cc: Matt Huffaker, City Manager
Laura Schmidt, Assistant City Manager
Elizabeth Cabell, Finance Director

16.12 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: City Council
SUBJECT: Letter to Honorable Syda Cogliati Expressing the City's Condemnation of the Vandalism of the Black Lives Matter Mural (CN)
RECOMMENDATION: Motion to authorize and direct the Mayor to send a letter on behalf of the City Council to Superior Court Judge Syda Cogliati expressing the City’s condemnation of the vandalism of the Santa Cruz Black Lives Matter mural and including sentencing recommendations for the defendants, Brandon Bochat and Hagan Warner, that align with a restorative justice approach as outlined by the Santa Cruz Equity Collab - the group responsible for the installation and maintenance of the mural.

BACKGROUND: On May 25, 2020, George Floyd, a 46-year-old black man, was arrested for allegedly purchasing a pack of cigarettes from a convenience store with a counterfeit $20 bill.

After being handcuffed, George Floyd was pinned to the ground by four Minneapolis Police Officers, including Officer Derek Chauvin, who knelt on Floyd’s neck for roughly eight minutes, which resulted in Floyd’s inability to breathe, and ultimately his death. This act of police violence resulted in weeks of protests across the nation and a global demand for a restructuring of policing and an end to all forms of systemic racism and discrimination.

In solidarity with the black community, on June 23, 2020, the Santa Cruz City Council unanimously approved the installation of the Black Lives Matter mural along the block of Center St. between City Hall and the downtown Santa Cruz library. The Black Lives Matter Foundation, Inc. is a global organization in the United States, United Kingdom, and Canada, whose mission is to eradicate white supremacy and build local power to intervene in violence inflicted on Black communities by the state and vigilantes. The phrase Black Lives Matter highlights the fact that black people are not afforded the same treatment within our society and under the law, and represents the ongoing struggle for equal rights and justice under the law.

These Black Lives Matter murals across the nation are intended as a highly impactful way to give voice to communities to express the social message that is foremost in the push for equity and social justice at this time.

On July 24, 2021, shortly after a community repainting event of the Black Lives Matter mural on Juneteenth, Brandon Bochat and Hagan Warner took turns performing tire burnouts with their vehicle along the face of the mural which imprinted black rubber lines across the length of the freshly repainted mural. They recorded and posted their actions on social media. The two individuals were promptly arrested by Santa Cruz police and were subsequently charged with reckless driving and felony vandalism with hate crime enhancements.

17.1 On November 9, 2021, an item was placed on the Santa Cruz City Council agenda for consideration to support the Santa Cruz Equity Collab’s plan for restoration of the Black Lives Matter Mural and their request for restorative justice that was to go to the community and before the courts; however, the item was pulled from the agenda to allow for the court process to proceed.

On October 24, 2022, Brandon Bochat and Hagan Warner pled “no contest” to the charges against them, and will be sentenced during a November 18, 2022 hearing.

DISCUSSION: The defacement of the mural was an act of hate and white supremacy that has caused pain to many members of our community, especially the black community. Prior to the sentencing, the community has an opportunity to provide public comment on the nature of the sentencing. The Santa Cruz City Council is being asked to direct the Mayor to write a letter expressing the City’s: (a) condemnation of these acts, and (b) recommendation that sentencing align with a restorative justice approach outlined by the Santa Cruz Equity Collab - the group responsible for the installation and maintenance of the mural. This letter would be sent to Judge Syda Cogliati to be included in the probation officer’s report for sentencing.

FISCAL IMPACT: None.

Submitted By:

Justin Cummings
Councilmember
Submitted By:

Sonja Brunner
Mayor
Submitted By:

Sandy Brown
Councilmember
ATTACHMENTS:

1. LETTER TO HON. SYDA COGLIATI.DOCX

2. SANTA CRUZ EQUITY COLLAB LETTER TO COUNCIL.DOCX

17.2 Dear Judge Cogliati,
Two weeks ago, defendants Brandon Bochat and Hagan Warner pled “no contest” to the hate crime of vandalizing the on-street Black Lives Matter mural in front of City Hall, on Center St. between Church St. and Locust St.

In 2020, the Black Lives Matter mural project and installation was created, as no small feat, by local artists from the Santa Cruz Equity Collab, along with the time and work of many city staff members, council members, and a large part of the Santa Cruz community and volunteers. The Santa Cruz City Council unanimously approved the installation of this mural on the street in front of City Hall as a very public display of support of the mural's important message of equity and social justice for Black lives, and in support of the voices of our Black community members who have historically been harmed and seen as “less than” by actions of white supremacy.

Since Mr. Bochat and Mr. Warner vandalized the Black Lives Matter mural in 2021, the City of Santa Cruz has been impacted in many ways. More specifically:
 The defacement of the mural was an act of hate and white supremacy that caused pain to many members of our community, especially the black community.  For well over a year, the City has lived with a damaged and defaced mural and has waited to move forward with repairs. This was done out of respect for the wishes of the artists and Santa Cruz Equity Collab’s pursuit of restorative justice.  City resources were used for responding to and assessing the physical damage to the mural caused by Mr. Bochat and Mr. Warner..
 City Council members and city employees have spent time listening, reading, and responding to hundreds of upset and outraged public comments and inquiries.  City Council members, the City Attorney’s Office, and city employees have spent time attending, reading about, and, at times, providing necessary responses to these court proceedings.

The Santa Cruz City Council supports the artists and Santa Cruz Equity Collab in their request for a strong restorative justice component, to include a public apology, and that the defendants are active in the restoration process, physically showing up and working with the community to repair the harm done. We encourage the judge to implement the requests of the artists and Santa Cruz Equity Collab in the sentencing hearing, to continue working with the Probation Department to create a robust racial education program that includes racial bias training, with the hope that Mr. Bochat and Mr. Warner might learn, understand, and not repeat the ways they have harmed, not only a mural, but a whole city and community through their callous and hateful actions.

Signed,
Mayor, City of Santa Cruz

17.3 To Our Community and Our City Council,
In 2020, there was an overwhelming outcry for justice which resulted in our community coming together to paint a street mural that would reflect a message of our commitment to ensuring that all Black lives not just matter, but feel safe and beloved in the pursuit of equity for all. In June of 2021, we came together again to repaint this mural and hear more intentionally about what we can do as a community to embody our values, and take action towards anti-racism. Shortly after, the mural was vandalized. The marks against this symbol of insurance towards a safer community revealed our deepest fears: racism and hate are continuing to be pervasive. The Santa Cruz Equity Collab’s mission is not only to organize efforts around sustaining the mural, but to continue to spotlight areas of inequity within our community and address the need for change. While recognizing this urgency, we also remain aware that real change takes perseverance, humility, and time.

Over the last sixteen months that this case has been in Court, we have learned more about what happened that day through videos that the defendants took of themselves and posted online; we have learned more about their racism through multiple videos of them using racist slurs and threatening violence against historically marginalized communities; and we have seen at least one of the defendant’s ongoing denial of responsibility through his online comments.

When they pled “no contest” on October 24th, 2022, the Court indicated that their sentence would include: each man paying up to $10,000 in restitution, a number that is about five times less than the estimated value of the mural; their attendance of a “racial sensitivity class” or professional therapy, which the Judge referred to as a “unique” requirement for our County; 144 hours each of community service; and two years of probation, with the option to ask for their felony to be reduced to a misdemeanor after one year. Two important things to note about these requirements are 1) there is no indication of what either community service or the “racial sensitivity class” will look like; 2) if the perpetrators can get the charges reduced to misdemeanors, they will again be able to purchase firearms, a fact that is deeply concerning given that - in one of the videos - one of the defendants is holding what looks like a firearm and talking about shooting members of the Latinx community while driving his car. This same defendant is the one that continues to deny responsibility for his actions online, instead commenting that he did not have a “fair shot” at being found not guilty at a trial. Further, that same defendant has been granted the opportunity to appear remotely for the sentencing hearing, an option that he has taken throughout the entire case, which allows him to avoid sitting with the community members - the victims - that were most impacted by his actions.

17.4 For the Santa Cruz Equity Collaborative, restorative justice would look like this: both defendants are ordered to be physically present for the sentencing hearing; community service that includes - but is not limited to - being part of the painting and planning process in restoring the mural, attending all community discussions, speeches, and educational opportunities associated with the mural, and a presentation of a public apology to the community in attendance at the restoration event; participation in the Victim-Offender Dialogue Program through the Conflict Resolution Center; participation in weekly professional therapy for at least two years; payment of the estimated value of the repair for the mural and a restoration event for the community in full as restitution; and, at least five years of probation during which they are not able to purchase firearms.

This is our opportunity to choose progress within this system through a restorative justice model; to explicitly show the defendants and our community that we both understand and deeply care about the harm that has been perpetrated through this hate crime, and the need for true amends to be made; and to publicly demonstrate that, as a community, we will not tolerate hateful, racist behavior. We appreciate the community and City Council’s ongoing support in pursuing justice in this case, and for generally being on fire for social justice in Santa Cruz.

Respectfully Signed,
Santa Cruz Equity Collab:

Abi Mustapha
Sean McGowen
Thomas Pedersen
Shandara Gill
Taylor Reinhold
Emma Ledvina

17.5 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Thursday, November 10, 2022 5:00 PM
To: City Council
Subject: 11.15.22 Agenda Item # 17 BLM wants blood agenda Item

11.15.22 Agenda Item # 17 BLM wants blood agenda Item
Dear Council,
In my opinion you made a huge mistake allowing the BLM billboard to be painted in front of city hall in the first place. Now you compound it.

The bill board is not art. It is not an original idea. It is simpleton plagiarism having been done in many places before being redone here. That ordinary people could finish the billboard indicates the skill level is ordinary and not art.

The BLM national movement is responsible for 3-5 billion dollars in vandalism, involving over 500 alarmingly violent protests. Also murders, assaults, arson.

The BLM movement was founded on a lie, the "hands up, don't shoot" lie in Ferguson, which never happened.

There are numerous incidences where the national BLM has been accused of fraud and misappropriation of contributions.

The rhetoric of the BLM is of violent retribution.

Many consider the BLM movement to qualify as domestic terrorists.

The resulting BLM fueled "defund the police" agenda has resulted in a national crime wave also including the deaths of an EXTRA 3000 black deaths in 2020. The FBI didn't release the data for 2021, but you know it was similar.

Not exactly "Black Lives Matter" to them and those deaths can certainly be laid to the BLM.

Yes, I think $20,000 is plenty of restitution (maybe too much) for this vandalism.

It sure seems like this letter to the judge is essentially calling for these two to "lick my BLM boots" in public shaming etc.

Those of you who brought this forward should be ashamed of yourselves.

Nobody was threatened, nobody was harmed. A few tire marks on the pavement.

All this fuss over that.

17.6 2
Why?
What sa matter? You don't like white people?
Garrett Philipp - Westside

17.7 1
Rosemary Balsley
From: Big Joe 77 <[email protected]>
Sent: Friday, November 11, 2022 2:30 PM
To: City Council
Subject: Public Correspondence- 11.14.2022 City Council Agenda- Item 17: Letter to Honorable Syda Cogliati Expressing the City's Condemnation of the Vandalism of the Black Lives Matter Mural
Honorable Mayor, Vice Mayor, and council members,
It is not lost on me that on that July 25th, 2021 morning… when you held your outrage-”All resources to bear” town hall in the SCPD’s meeting room, that a 19 year old woman was dying from a fentanyl overdose in a tent, surrounded by garbage, under the Soquel Ave Bridge, while another body was found on the west bank of the San Lorenzo River (along the 100 Block of River St).

That was, what… 75 fentanyl OD-DOA’s ago? If you’re now in the business of attempting to sway Superior Court’s sentencing discretion, I would appreciate it if you would also write letters in support of rehab program completions in lieu of probation for every single drug case that comes before the court. Sadly, I very much doubt you'll do it. It’s all about priorities I suppose.

Sincerely,

17.8 2
--
Big Joe 77
Keepin' it Real
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

17.9 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Economic Development
SUBJECT: Terminate the Non-Housing Ground Lease at the Tannery Arts Center (ED)
RECOMMENDATION: Motion to terminate the August 2007 Ground Lease (Non-Housing) with Artspace Tannery LLC for three parcels at the Tannery Arts Center.

BACKGROUND: The Tannery Arts Center was originally conceived in 2003 by the City of Santa Cruz Redevelopment Agency, as a multi-use artists’ facility to be developed on the property formerly occupied by the Salz Tannery along the San Lorenzo River on River Street/Highway 9. After the State of California abolished Redevelopment Agencies in 2011 ownership of the project and status as “Landlord” transferred to the City Housing Successor Agency. This report thus refers throughout to the City rather than to both the Redevelopment Agency and the City.

After the City acquired the Salz Tannery property from the Lezin family in 2007, the property was configured into eight separate parcels/lots, as shown on the attached 2007 Tannery Subdivision map prepared by Ifland Survey. The City partnered with Artspace Projects, Inc., a Minnesota non-profit organization which had previously constructed artists live-work space.

The intent of the parties at that time was that Artspace would ground lease and manage all of the campus to develop housing, artists studios, and other art-related facilities. Two leases were entered into with Artspace – the Housing Ground Lease for Parcels 1 and 6, and the NonHousing Ground Lease for all other parcels: 2,3,4,5,7 & 8.

Artspace initially developed the Tannery Artists Lofts, one hundred units of affordable housing completed in 2009, on Parcel 1, with Parcel 6 designated as common area. As the country was in a major recession at that time, Artspace was unable to secure financing to develop the artists studios or to rehab the Kron House (earmarked for as office space for Arts Council Santa Cruz County); however, the City obtained a grant from the US Economic Development Adminstation (EDA) to undertake that project, completing the work in 2012. Because the EDA grant required that the City have control of the property on which the studios and Kron House were located – Parcel 2 and Parcel 7 – the Non-Housing Ground Lease with Artspace was amended to remove those two parcels. Upon completion of the artists studios, the City leased them to Artspace which subleases the studios to individual artists. The City completed the rehabilitation of the historic Kron House, retaining management of the building, and leased it to the Arts Council Santa Cruz County in 2013.

18.1 In 2013 the Non-Housing Ground Lease with Artspace was again amended to release Parcel 4 from the agreement in order to enable the development of the Colligan Theater on the site. The City subsequently groundleased Parcel 4 to Tannery Arts Center, Inc. (“TAC”), a local nonprofit involved in the early planning for the Tannery campus and organized to create a performing arts theater. TAC raised funds to restore the historic Hide House and convert it to the Colligan Theater, completed in fall 2015. TAC dissolved in 2018 and transferred their assets, including the theater, to the City; the City now owns and manages the Colligan Theater, which is leased to Jewel Theatre company.

DISCUSSION: Of the six parcels originally included in the Non-Housing Ground Lease, three have been released, and the agreement currently involves only three parcels: 3, 5 and a portion of 8, all of which are undeveloped.

Under the terms of their lease with the City, Artspace is obligated to develop these three remaining parcels, but there is no performance schedule in the lease requiring them to do so.

The concept plan for the Tannery Arts Center contemplated a building dedicated to dance on Parcel 3, but that goal has been unrealized to date. The recently awarded EDA grant to the City now provides a funding mechanism for the City to move forward and realize this long-term vision. Before EDA will release the funds to the City, we must have clear title and control of the property, which will not be possible unless we terminate the Non-Housing Ground Lease with Artspace.

The other two parcels included in the lease are as follows:
• Parcel 5 is a small sloping piece of property adjacent to River Street between the Artists’ Studios and the Colligan Theater with minimal development potential. It is considered part of the common area of the Tannery and has been maintained by the Tannery Owners Association.

There is limited commercial development potential for this small parcel, and it is unlikely that Artspace would move forward with development plans without significant investment from the City.
• Most of Parcel 8 was incorporated into the parking lot used by the housing and theater; the remainder has long been leased for $12,000 a year to Central Home Supply (CHS), the adjacent landscaping materials business located on property purchased by the City in March 2022. It is probable that the property currently leased to Central Home supply will eventually be absorbed into the Tannery or become part of a potential housing/mixed use development envisioned for the CHS property in the future. Releasing Artspace from their obligation to develop the remaining portion of Parcel 8 enables the future potential housing/mixed-use opportunity combined with the other City owned parcels.

Other than the dance building, it is unlikely there will be any significant additional development on the remaining Tannery property. Rather than adopting another amendment to the NonHousing Ground Lease to release only Parcel 3, Artspace and the City have mutually agreed to terminate the lease, subject to Council approval, with control of all three properties – Parcel 3, Parcel 5, and Parcel 8 – reverting to the City.

FISCAL IMPACT: Termination of the lease would have minimal fiscal impact, other than that of adding property management responsibility of the dance building to City staff. The rental revenue ($12,000 per year) paid by Central Home Supply to Artspace (as the ground lessor of the

18.2 property) would revert to the City for Tannery related expenses for the limited remaining term on the lease agreement. Parcel 5 would continue to be considered common area and the City will incur no added maintenance expense. As the City owns the underlying fee for these parcels, property taxes have not been assessed - thus there would be no decrease in tax revenue to the City.

Prepared By:

Marty Ackerman
Development Manager
Submitted By:

Bonnie Lipscomb
Economic Development
Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. TANNERY MAP.PDF

18.3 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

THE TERMINATION OF THE TANNERY NON-HOUSING GROUND LEASE WITH

ARTSPACE TANNERY LLC, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE AN AGREEMENT TO TERMINATE IN A FORM TO BE

APPROVED BY OUTSIDE COUNSEL
WHEREAS, Salz Tannery on River Street adjacent to the San Lorenzo River was closed in 2001 due to foreign competition; and
WHEREAS, to facilitate the reuse of the site of the former Salz Tannery the City of Santa Cruz Redevelopment Agency undertook planning to create an arts campus that would provide affordable housing for artists, studio space, a performing arts theater for the community, and other arts-related uses; and
WHEREAS, in 2005, the Redevelopment Agency purchased the Salz Tannery site to facilitate its reuse; and
WHEREAS, the Tannery Subdivision map, recorded July 10, 2007, as County Recorder’s Document Number 2007-0037676, created eight parcels, numbered one through eight; and WHEREAS, Parcel 1 and Parcel 6 were designated for 100 units of housing as well as common areas, and were leased to Tannery Artists Lofts Limited Partnership for development, and WHEREAS, on July 7, 2007, the Redevelopment Agency entered into a ground lease with Artspace Tannery LLC (Artspace) for the development and use of the remaining six parcels intended for non-residential use, Parcels 2, 3, 4, 5, 7 and 8; and WHEREAS in October 2009 the ground lease was amended to remove Parcels 2 and 7 in order for the City to rehabilitate historic buildings located on them to create the Artists Studios and the Kron House office space; and
WHEREAS, upon completion of the Artists’ Studios the two parcels with the rehabilitated buildings were leased to Artspace Tannery LLC through a separate lease entitled “Lease (NonHousing) Parcels 2 and 7”; and WHEREAS, in October 2013 the ground lease was further amended to reflect the dissolution of redevelopment by the State of California and acknowledge that ownership of the Tannery property, as an asset of the Redevelopment Agency, was transferred to the City as the Housing Successor Agency; and
WHEREAS, in June 2014 the ground lease was further amended to remove Parcel 4 to enable the City to lease the parcel to Tannery Arts Center, Inc. (TAC) a non-profit organization founded to raise funds for and construct the Performing Arts Center component of the Tannery Arts Center, the Colligan Theater; and

18.4 RESOLUTION NO. NS2
WHEREAS, the City has received funding from the US Economic Development Administration to construct a dance and performance building on Parcel 5, necessitating terminating this parcel from the ground lease; and
WHEREAS, Artspace has no plans to develop the remaining parcels – Parcel 3 and Parcel 8, and Artspace and the City have determined that it is mutually beneficial for the entirety of the ground lease to be terminated.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the Non-Housing Ground Lease with Artspace Tannery LLC shall be terminated and the City Manager or his designee shall be authorized to execute an agreement to terminate in a form to be approved by outside counsel.

PASSED AND ADOPTED this November 15, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

18.5 008-661-15
008-163-07
008-661-01
008-661-16
008-163-06
008-032-07 008-661-07 008-661-11
008-172-08
008-661-13
008-172-19
008-661-14
008-661-12
008-172-16
008-172-18
RIVER
FERN

ENCINAL
ALLEY
CORAL
PARCEL 3

DANCE BLDG
SITE

TANNERY LOFTS
JEWELL

THEATRE

TANNERY

STUDIOS
ARTS

COUNCIL

CALTRANS

METRO TANNERY ARTS CAMPUS
COMMON
AREAS
COMMON
AREAS

TANNERY ARTS CAMPUS

ARTSPACE LEASEHOLD INTERESTS

SANTA CRUZ RIVERWALK

CITY OF

SANTA CRUZ
PARCEL 5
PARCEL 8
0 50 100 200 Feet
1:520

18.6 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Economic Development
SUBJECT: For the Future Housing, Inc., a California Corporation – Loan Agreement (ED)
RECOMMENDATION: Motion to:
1) Direct the City Manager to enter into Loan and Regulatory Agreements, in forms approved by the City Attorney, with For the Future Housing, Inc., a California corporation, for a loan in the amount not to exceed $1,800,000 for the purposes of acquiring 136 River Street and constructing an affordable housing project; and
2) Adopt a resolution amending the FY 2023 budget by transferring $1,800,000 from the Public Trust Fund to the Affordable Housing Trust Fund to fund the agreements.

BACKGROUND: For the Future Housing, Inc., a regional affordable housing developer (Developer), is proposing to build a second phase to the existing 21-unit Riverwalk Apartments, a 100% affordable housing project completed in 2014 located at 110 Lindberg Street. The City approved a loan for acquisition of the land for the original project and the developer has requested funding assistance from the City for the current acquisition. The proposed site, located at 136 River Street (Site), the former home of Outdoor World, combined with a portion of the existing adjacent property owned by the Developer would provide sufficient land to build a project with a minimum of 40-75 units.

The Developer has a purchase agreement with the current owner of the Site which expires later this month. As there are limited sites within the City for development of multifamily affordable housing and the Developer has agreed to include a minimum of 25% permanent supportive housing units in the project which are critically needed in our community, staff recommends supporting the opportunity to combine the Site with the current adjacent property to develop with a 100% affordable housing project, targeting incomes below 60% of area median income.

DISCUSSION: Outdoor World has been vacant since the store closed operations in 2021 and the property has recently been listed for sale. Staff is recommending that the City approve a loan agreement with the Developer up to $1,800,000 for acquisition of the Site to enable a future affordable housing project. As is the standard for 100% affordable housing projects, the Developer will be applying for a future round of Low-Income Housing Tax Credit (LIHTC) funding. To be competitive, a substantial local funding commitment is necessary for projects applying for LIHTC funding. In exchange for the loan commitment, the Developer is agreeing

19.1 to a deed restriction on the property to retain affordability for a period of 55 years following completion of the project. Additionally, the Developer has agreed to make the Site available to the City on an interim basis. Future rent levels for the completed 100% affordable housing project will be established based on those required by the California Tax Credit Allocation Committee (TCAC) for LIHTC projects, but will be affordable to extremely low-income households (up to 30% Area Median Income (AMI)), up to very low-income households (up to 60% AMI), with one unit being occupied by the onsite manager.

Loan Agreement
In 2003 the City of Santa Cruz established the City of Santa Cruz Affordable Housing Trust Fund (AHTF) for purposes of developing and preserving affordable housing. Inclusionary Housing In Lieu Fees provide an on-going source of revenues for this fund. After taking into account current commitments and restrictions on AHTF funds, there is no available funding at this time for new affordable housing projects; therefore, staff is recommending an interfund advance from the City Public Trust Fund to the AHTF to fund the current site acquisition for the future affordable housing project. It is estimated that sufficient funding will be available within the next 5-8 years in the AHTF to repay the City Public Trust Fund.

The 55-year loan term with the Developer would include simple interest at 3% per annum, commencing upon the date of disbursement of the loan until a permanent financing package is obtained, at which time principal and interest payments shall be deferred and paid using residual receipts. This is commonly called a residual receipts loan. It is expected that the developer will be able to begin servicing the debt within a few years of completion of the project. The loan is either expected to be repaid prior to the term of the loan or upon sale of the property, or an extended affordability period would be negotiated. The Developer will execute a covenant on the property to retain affordability for a minimum period of 55 years following construction of the future project.

The Developer is currently in good standing on repayment of the original acquisition loan for the adjacent 100% affordable Riverwalk Apartments and has made payments in excess of anticipated repayment terms which have been deposited into the Affordable Housing Trust Fund.

Among other provisions, the loan agreement will also contain:
• Standard insurance and indemnification clauses.
• Compliance with local, State and Federal laws.
• Deed of Trust recorded as a lien against the Property for the purpose of securing loan obligations
• A nondiscrimination and non-segregation clause.

The Developer has completed a conceptual test fit for the new and expanded project and anticipates that they will be able to construct a minimum of 40-75 additional units on the combined parcels taking into consideration existing zoning and efficiencies from the adjacent development. The future project will include a combination of studio-three bedroom units and, similarly to the existing Riverwalk Apartments, will include a community room with a full kitchen and computer lab. The Developer will provide resident services similar to what is currently provided at Riverwalk Apartments; however, the actual services will ultimately be determined based on tenant needs.

19.2 ENVIRONMENTAL REVIEW: While the project will undergo a full environmental assessment, it is likely the affordable housing will qualify for a Categorical Exemption (Section 15332, Class 32) under the California Environmental Quality Act (CEQA) as it will be an in-fill development project; in conformance with the General Plan and Zoning designations; less than five acres in size and surrounded by urban uses with no wildlife habitat value; and will not cause significant effects relating to traffic, noise, air or water quality.

FISCAL IMPACT: The funding for the loan agreement up to $1.8 million to the Developer is proposed to be disbursed from the City’s Affordable Housing Trust Fund (AHTF). As there is not sufficient funding currently in the AHTF, staff is recommending an advance from the City Public Trust Fund to the AHTF which will be repaid within the next 5–8-year period as the AHTF is replenished. If the loan funding is approved for the project, the City Public Trust Fund will have a remaining available fund balance of approximately $4.3 million.

Prepared/Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

19.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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ACCOUNT 352-(&71$0( REVENUE EDEN ACCOUNT TITLE
ACCOUNT 352-(&71$0( EXPENDITURE EDENACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
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TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE0DUPCFS Clear Form
2023
11/03/2022
Funding a loan to For the Future Housing, an affordable housing developer, for a 100% affordable permanent supportive housing project.

0.00 279-51-81-5201-56960 Loans and grants 1,800,000.00 1,800,000.00
-1,800,000.00
Kathryn
Mintz
Digitally signed
by Kathryn Mintz
Date: 2022.11.03
11:59:37 -07'00'
Bonnie
Lipscomb
Digitally signed by Bonnie Lipscomb
DN: cn=Bonnie Lipscomb, o=City of
Santa Cruz, ou=Economic
Development,
[email protected]
om, c=US
Date: 2022.11.03 12:59:22 -07'00'
Tracy
Cole
Digitally signed by Tracy Cole
DN: cn=Tracy Cole, o=City of Santa
Cruz, ou=Finance Department,
[email protected],
c=US
Date: 2022.11.04 09:05:54 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2022.11.03 16:20:37 -07'00'

19.4 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Thursday, November 10, 2022 4:11 PM
To: City Council
Subject: 11.15.22 Agenda Item # 19 For the Future Housing

11.15.22 Agenda Item # 19 For the Future Housing
Dear Council,
For your policy manual:
"2. The principal of the Public Trust Fund shall be preserved and maintained as part of a program to meet the extensive capital improvement needs of the City.

6. The only exception to the policy of preserving and maintaining the principal of the Trust Fund shall be in cases where use of the principal, or part of the principal, can serve to leverage a substantial contribution of funds from a non-General Fund source to complete an unfunded project of high priority in the City's Capital Improvement Program (CIP). In such cases, the principal of the Trust Fund may be utilized, after other alternatives are explored. The Council shall make every effort to replenish the principal of the Trust Fund. " Since "
a) the proposed project is not a capital improvement project and b) the city is going broke, it is obvious the sacrificial lamb is the capital improvement budget and trust fund for whatever tickles your fancy.

Please explain how you are not in violation of your own policies and common sense principals.

You are essentially saying capital improvement projects don't matter, at all, and the interests of a developer, and a VERY TINY minority of the public are vastly more important.

By all means, please explain what capital improvement projects will not be done, and what the consequences will be for full disclosure.

I'm not holding my breath.

Garrett Philipp - West side

19.5 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Sunday, November 13, 2022 12:32 PM
To: City Council
Subject: 11.15.22 Agenda Item #19 For the Future Loan

11.15.22 Agenda Item #19 For the Future Loan
Dear Council,
Item 19 reminds me of the Public Bank Idea which I deplore. I don’t care for the idea of the government getting into the banking business and this is an example of why. The rip on Public banking is that instead of the objective eye and expert riskreward experience of banks making loans at zero risk to the public, governments tend to back projects with political objectives, and expose the public monies to that risk.

It’s also not like the city has any money anyway. It’s coming from the CIP Public Trust Fund and this is not a CIP project. Your own policies don’t allow this as I read them as outlined in my other letter. I assume For The Future either can’t get a loan, or the rate would be too high to be worth doing the project as agreed to.

Considering you could, or soon will be able to get a Treasury bill that pays over 5% at zero risk, or that unfunded CIP projects will only go up in cost over time if delayed so many years, that the backlog for CIP projects is almost unimaginably huge, there could be negative consequences to delaying CIP projects, one could ask “exactly what CIP projects will not be funded as a result of this”? One should get an answer.

This seems to be like so many tradeoffs, the few benefit, the vast majority of the public sees an actual reduction in benefit in uncompleted CIP projects for their money.

It would seem this will also be a loss of commercial space on a very commercial street and require rezoning? Mixed use residential would have been a better fit as nearby newer projects are.

It seems to me there is plenty to talk about on this one, but as with many items, it’s just buried in the consent agenda as if to say “nothing to see here!” Garrett Philipp - Westside

19.6 1
Rosemary Balsley
From: Pauline Seales <[email protected]>
Sent: Monday, November 14, 2022 8:46 AM
To: City Council
Cc: SC CAN discussion
Subject: Items on Nov 15 agenda
A Thank you
Item 19. Affordable housing plan for 136 River St – former Outdoor World Great location – great need!
A Caution
Item 38/39. Continuance of Outdoor dining areas
Great – the public loves these and they are good for the businesses BUT ‐ heating the outdoors with propane heaters is a serious source of Greenhouse Gases Please Modify
Item 40 Municipal Code – subsections 6) 7)
6) Adopt a resolution establishing a new in lieu fee requirement for street tree removals 7) Adopt a resolution establishing mitigation requirements for the removal of a heritage tree or heritage shrub, replacing existing Council Resolution No. NS‐21,436.

This seems inconsistent with the already approved Climate Action plan section CR‐1 MEASURE CR‐1: Develop an Urban Forest Master Plan
and plant 3,000 new trees by 2030.
“In Lieu” fees supply an easy way for developers to avoid dealing with the environmental problems they create at a time when we urgently need their full involvement in Climate solutions.

Pauline Seales
Santa Cruz Climate Action Network

19.7 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Finance
SUBJECT: Amendment to Extend Contract for Heating, Ventilation and Air Conditioning (HVAC) Preventive Maintenance Services (FN) RECOMMENDATION: Motion to execute an amendment to extend the existing contract for onsite HVAC preventative and emergency maintenance service with Airtec Service, 175 Aviation Way Watsonville, CA 95076 for FY 2023.

BACKGROUND: Airtec Service has been the service provider for HVAC preventative and emergency maintenance service since May 2013 when they were awarded the business based on the competitive bids received results. Since then, they have been the contracted vendor, and renewals have been awarded consecutively since then.

DISCUSSION: Airtec Service continues to meet the service level expectations that Public Works requires. Due to an inflation factor of 5.56% effective July 1, 2022 the FY 2023 annual spend will exceed the $100,000 threshold requiring Council approval.

Purchasing has reviewed the pricing from the vendor and has confirmed that it is within a reasonable range. Purchasing recommends the approval to proceed with an amendment to extend the existing agreement and the issuance of an annual Purchase Order for FY 2023 for $105,000.

Due to the length of time that the contract has been in place, the Purchasing Division plans to issue a competitive solicitation for HVAC preventative and emergency maintenance service for the next fiscal year.

FISCAL IMPACT: Funds are available in department budgets for the purchase of these items which are necessary for routine operations. A purchase order for services will be encumbered to the General Fund (Fund 101), and enterprise funds for wastewater (Fund 721), parking (Fund 741), refuse (Fund 731) and water resource management (Fund 711). There are adequate funds in the operating budgets for the fiscal year within each department to provide HVAC preventative and emergency maintenance service under this contract.

Prepared By:

Paula Cardozo
Buyer
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

20.1 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Finance
SUBJECT: Award Contract for On Site Tire Replacement and Roadside Tire Service (FN)
RECOMMENDATION: Motion to execute and award a contract for onsite tire replacement and roadside tire service with Priors Tires, 115 Post Street Santa Cruz, CA, in the amount ‘not to exceed’ $175,000.

BACKGROUND: The previous approved sole source vendor, Lloyd's Tire and Auto Care (Lloyd's), closed for business on October 25, 2019.

DISCUSSION: Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required item/service.

When Lloyd’s sold their business, the City of Santa Cruz Public Works Department discovered Priors Tires as the one qualified replacement vendor located within the City of Santa Cruz who can provide tire services that meet the level of expectations that Public Works requires. Priors Tires pre-orders and stocks custom inventories for their commercial and local government accounts, making sure they have the tires needed in an emergency. This vendor is able to provide low margin pricing on all vehicle asset tires and they consistently put the City of Santa Cruz needs as a high priority for immediate response, especially when it involves immobilized critical assets such as police vehicles and sanitation trucks.

Purchasing concurs that Priors Tires is the only local tire service company who can provide the quality of work and level of service required.

Priors Tires has certified its compliance to the requirements of the current City of Santa Cruz Living Wage Ordinance.

FISCAL IMPACT: Funds are available in Public Works' Equipment Operations budget (Fund 811) for the purchase of this service that is necessary for vehicle operations.

Prepared By:

Paula Cardozo
Buyer
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager

21.1 ATTACHMENTS:

None.

21.2 City Council

AGENDA REPORT
DATE: 10/31/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of a) Mitchell E. Swienton, and b) Janet Cantolan based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: I. Claims to be rejected:
a. Claimant: Mitchell E. Swienton
Date of occurrence: 8/11/2022
Date of claim: 09/27/2022
Amount of claim: $1,737.00
Claimant seeks compensation for personal items allegedly lost during Police action.

Self-Represented
b. Claimant: Janet Cantolan
Date of occurrence: 9/7/2021
Date of claim: 2/28/2022
Amount of claim: Unspecified
Claimant seeks damages for alleged injuries resulting from a traffic accident with a City vehicle.

Represented by legal counsel
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

22.1 City Council

AGENDA REPORT
DATE: 10/31/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Finance
SUBJECT: Year-End Budget Adjustment for FY 2022 (FN)
RECOMMENDATION: Resolution amending the FY 2022 budget where annual revenues and expenditures need adjustments in various funds.

BACKGROUND: In accordance with Council Policy 12.6, new appropriations, transfers of appropriations between departments or funds, and transfers between Capital Investment Projects over $100,000 must be approved by the City Council. At the end of the fiscal year, an analysis is prepared to determine expenditures within funds and departments that have exceeded appropriations or need budget adjustments from other funds or departments. An annual budget adjustment is presented to the City Council to reconcile those differences.

DISCUSSION: In the closing process for the FY 2022 budget, analysis on department level expenditures showed that Human Resources, Fire, and the City Attorney exceeded their budget appropriations. In addition, there are several year-end budget adjustments needed for departments or to clean up a prior year oversight that missed the City Council meeting deadline for fiscal year 2022.

Human Resources. The Human Resources department currently houses several Internal Service Funds that support citywide benefits and are separate from the HR department’s operational budget in the General Fund.
- Fund 101 General Fund is over budget $4,476 primarily due to software services. - Fund 841 Worker’s Compensation Insurance was over by $426,183, due to higher than estimated insurance claims payments.
- Fund 843 Group Health Insurance was over by $2,708 due to higher than expected retiree health payments.

Fire Department. The Fire Department is over by $703,189 due to fuel charges, overtime, termination pay and other payroll expenditures. A large portion of overtime is due to Fire strike Teams and reimbursable through mutual aid contracts. This impacts the General Fund ($655,281) and the Wharf Fund ($47,908).

City Attorney. The City Attorney's Office (General Fund) is over by $231,786 due to increased City Council and staff needs for legal counsel on various City matters.

23.1 Public Works-Homelessness Response Division/General Fund. The Homelessness Response Action Plan was approved by Council on March 8, 2022. To enact this plan, the Public Works department created a field division. This budget adjustment transfers funding from the General Fund for facility improvements to house this new division at the Corp Yard in the amount of $80,003.

Arts Transfer. In FY 2021, the Public Arts Transfer that fund public arts was inadvertently missed. This budget adjustment will re-appropriate the FY 2021 transfer amount in FY 2022 so the funding can be made whole. Impacted funds include Water Fund ($69,705), Wastewater Fund ($14,392), Refuse Fund ($9,827), Parking Fund ($5,020), and Storm Water Fund ($1,213).

American Rescue Plan Act (ARPA)/General Fund. During the COVID-19 Pandemic, federal funding was allocated to cities across the US. Allowable uses of this funding include replacement of revenue, staffing costs, and allowable projects. A project was created for storm water homelessness fencing in the amount of $16,995. This budget adjustment moves funds from Fund 292 ARPA to Fund 101 General Fund.

Gasoline Tax/Affordable Housing Trust Fund. Parcel numbers 008-153-06, 008-172-08, and 008-172-16 were purchased by the City. A portion of the land is being utilized for intersection improvements at Route 1/9 and the other portion of the land will ultimately be developed with affordable housing. Public Works made the initial payment totaling $1,784,000 from existing project funds (c400805 Route 1/9 Intersection Improvement Project) and the balance of the payment was made from the Gasoline Tax Fund ($1,776,562) and the Affordable Housing Trust Fund ($1,355,000). This budget adjustment aligns the budget with the expense.

Economic Development/California 14. The Homelessness Response Acton Plan was approved by Council on March 8, 2022. As part of this plan, a navigation center will be developed. This transfer finalizes the funding for the purchase of land for this center from the California 14 Fund in the amount of $1,543.26.

Economic Development Capital Investment Program (CIP) Projects. Transfer funds in the amount of $138,485 from the Wharf Miramar demolition project to the Economic Development Administration (EDA) funded piling replacement project.

Economic Development CDBG Funds/City Manager's Office. Transfer $73,988 of unused CDBG funds for homelessness response from the Economic Development CDBG-COVID Administration project to the City Manager’s Office CDBG-COVID project for homelessness response.

Economic Development Successor Agency/Low and Mod Housing Fund/Affordable Housing Trust Fund. The Successor Agency Low and Mod Housing Fund has a balance that will be transferred to reimburse the Affordable Housing Trust Fund for the purchase of land for the Metro Center Affordable Housing project.

Water Department. Transfer of funds from the Water Equipment Replacement Fund to the Water Operating Fund for the purchase of a truck.

23.2 FISCAL IMPACT: The Human Resources, Fire Department, City Attorney, and Public Works adjustments will be offset by the fund balance in the General Fund. Attached is a recap of the impact to expenditures and revenues for the FY 2022 year-end budget adjustment.

Prepared By:

Tracy Cole
Finance Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

23.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0( REVENUE EDEN ACCOUNT TITLE
ACCOUNT 352-(&71$0( EXPENDITURE EDENACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
&RXQFLO$SSURYDO

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE0DUPCFS Clear Form
2022
11/15/2022
To adjust appropriations for Fiscal Year ending June 30, 2022 for multiple funds. See attachment. misc (see attached) 2,180,121.69
2,180,121.69
misc (see attached) 6,778,566.95
6,778,566.95
-4,598,445.26
Tracy
Cole
Digitally signed by Tracy Cole
DN: cn=Tracy Cole, o=City of
Santa Cruz, ou=Finance
Department,
[email protected],
c=US
Date: 2022.11.01 10:19:55 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of
Santa Cruz, ou=Finance
Department,
[email protected],
c=US
Date: 2022.11.02 15:40:40 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.11.01 10:51:15 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2022.11.02 15:40:56 -07'00'

23.4 FY 2022 Year-End Budget Adjustment
Fund/Department Account Amount Justification
City Attorney 101-11-04-1220-52132 231,786.00 over budget for legal expenses Human Resources 101-12-00-1230-52248 4,476.00 over budget for GovInvest subscription Human Resources 841-12-07-7820-52923 426,183.00 over budget for insurance claims payments Human Resources 843-12-07-7823-51211 2,708.00 over budget on retired health payments Fire 101-21-31-2202-51114 570,000.00 over budget overtime Fire 101-21-31-2202-52227 38,000.00 over budget fuel charges Fire 101-21-30-2201-51115 47,281.00 over budget term pay Fire (Wharf) 104-21-31-2204-51202 22,000.00 over budget FICA Fire (Wharf) 104-21-31-2204-51115 17,000.00 over budget term pay Fire (Wharf) 104-21-31-2204-51240 8,908.00 over budget workers comp Water 711-00-00-0000-59191 67,846.00 FY2021 Arts Transfer re-budgeted in FY22 Water Sys Devel 715-00-00-0000-59191 1,859.00 FY2021 Arts Transfer re-budgeted in FY22 Wastewater 721-00-00-0000-59191 14,392.00 FY2021 Arts Transfer re-budgeted in FY22 Refuse 731-00-00-0000-59191 9,827.00 FY2021 Arts Transfer re-budgeted in FY22 Parking 741-00-00-0000-59191 5,020.00 FY2021 Arts Transfer re-budgeted in FY22 Storm Water 752-00-00-0000-59191 1,213.00 FY2021 Arts Transfer re-budgeted in FY22 Water-Public Art 714-00-00-0000-49191 69,705.00 FY2021 Arts Transfer re-budgeted in FY22 Wastewater-Public Art 724-00-00-0000-49191 14,392.00 FY2021 Arts Transfer re-budgeted in FY22 Refuse-Public Art 734-00-00-0000-49191 9,827.00 FY2021 Arts Transfer re-budgeted in FY22 Parking-Public Art 742-00-00-0000-49191 5,020.00 FY2021 Arts Transfer re-budgeted in FY22 Storm Water-Public Art 753-00-00-0000-49191 1,213.00 FY2021 Arts Transfer re-budgeted in FY22 Affordable Housing Trust Fund 279-51-81-5201-57202 1,355,000.00 To fund remaining cost of the purchase of APNs 008-153-06, 008-172-08, 008-172-16
Gasoline Tax 221-40-64-9330-57304
c400805-100-2020-0
1,776,562.00 To fund remaining cost of the purchase of APNs 008-153-06, 008-172-08, 008-172-16
Public Works-Homelessness Response
Division
311-00-00-0000-49101
c402207-912-0-0
80,003.00 ARPA funds transfer for facility improvements to house new Homelessness Response Field Division
Public Works-Homelessness Response
Division
311-40-66-9981-57990
c402207-100-2020-0
80,003.00 moving funds from General Fund to Homelessness Response Field Division shop improvements
General Fund 101-00-00-0000-59103 80,003.00 moving funds from General Fund to Homelessness Response Field Division shop improvements
Homelessness Response 101-00-00-0000-49177
p402210-992-0-0
16,995.00 Stormwater fencing funded by ARPA
Homelessness Response 101-40-61-6105-57990
p402210-2020-0
16,995.00 Stormwater fencing funded by ARPA
American Rescue Plan Act 292-00-00-0000-59101 16,995.00 ARPA funds transfer to GF Economic Development 311-00-00-0000-49178
c512205-991-0-0
1,543.26 CA14 funds transfer for the Navagation Center Phase 1 project Economic Development 311-51-80-9980-57102
c512205-2020-0
1,543.26 Navigation Center Phase 1
State Homelessness Response (CA14) 293-00-00-0000-59103 1,543.26 CA14 funds transfer for the Navagation Center Phase 1 project Economic Development 311-00-00-0000-49158
c511705-946-0-0
(138,485.00) move revenue to project
Economic Development 311-00-00-0000-49158
c512203-946-0-0
138,485.00 move revenue to project
Economic Development 311-51-80-9990-57390
c512203 100-2020
138,485.00 Transfer Funds (increase) from one CIP Project to Another (obsolete to newer project)
Economic Development 311-51-80-9990-57390
c511705 100-2020-0
(138,485.00) Transfer Funds (decrease) from one CIP Project to Another (obsolete to newer project)
Economic Development (CDBG) 261-51-81-5209-43110
h512114-105-1015-0
(73,988.43) move revenue to project
Economic Development (CDBG) 261-51-81-5209-43110
h512116-105-1015-0
73,988.43 move revenue to project
Economic Development (CDBG) 261-51-81-5209-52121
h512114-100-2010
(73,988.43) Use remaining CDBG-CV FY22 Admin funds for unfunded Homelessness response expenses (reduce Admin project)
Economic Development (CDBG) 261-00-00-0000-59101
h512116-100-2020
73,988.43 Increase Housing side CDBG project, transfer out to p102102 City Manager 101-10-03-6103-49126
p102102-516-0-0
73,988.43 Increase CM side CDBG-CV Homelessness project revenue, transfer in From CDBG Fund
City Manager 101-10-03-6103-52199
p102102-100-2020
73,988.43 Increase CM side CDBG-CV Homelessness project expense Economic Development (SA LMHF) 942-00-00-0000-59906 915,000.00 Draw down RDA 2011TAB proceeds for Metro Center Housing Economic Development (SA LMHF) 281-00-00-0000-49906
r521301-552-5098-0
915,000.00 Draw down RDA 2011TAB proceeds for Metro Center Housing Economic Development (SA LMHF) 281-00-00-0000-59901
r521301-????-???-0
929,805.00 Reopen Metro Center Housin Project and expense Property purchase from it
Economic Development (AHTF) 279 -00-00-0000-49901 929,805.00 RDA Housing Bonds, recoup funds advanced from Affordable Housing Trust Fund for land purchased for Pacific Station South affordable housing project
Water Operating Fund 711-00-00-0000-49191 62,630.00 To reimburse Fund 711 for FY 22 purchase of a Ford 550 truck Water Equip Replacement Fund 719-00-00-0000-59191 62,630.00 To reimburse Fund 711 for FY 22 purchase of a Ford 550 truck

23.5 Expenditures Revenues
General Fund 1,062,529.43 90,983.43
Wharf Fund 47,908.00
Water Fund 132,335.00 62,630.00
Wastewater Fund 14,392.00
Refuse Fund 9,827.00
Parking Fund 5,020.00
Storm Water Fund 1,213.00
American Rescue Plan Act 16,995.00
Affordable Housing Trust Fund 1,355,000.00
Gasoline Tax Fund 1,776,562.00
State Homelessness Response 1,543.26
General Capital Investment Projects 81,546.26 81,546.26 Workers Compensation Fund 426,183.00
Group Health Insurance Fund 2,708.00
Community Dev. Block Grant (CDBG)
SA Low and Moderate Housing Fund 915,000.00
SA (H) LMIH-Merged 2-1-12 929,805.00 915,000.00
Affordable Housing Trust Fund (AHTF) 929,805.00
Public Art Funds 100,157.00
6,778,566.95 2,180,121.69
6,778,566.95 2,180,121.69
--

23.6 City Council

AGENDA REPORT
DATE: 10/26/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Human Resources
SUBJECT: SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
RECOMMENDATION: Resolution approving a Tentative Agreement with SEIU Local 521 effective October 1, 2022 through October 10, 2025.

BACKGROUND: The Memorandum of Understanding (MOU) with the SEIU Local 521 expired on April 15, 2022. The Union and the City have been meeting since early this year and, as a result, a Tentative Agreement on a successor MOU was reached.

DISCUSSION: The Union and the City have been meeting and conferring on a successor MOU and have reached an agreement. In summary, the major terms of the new MOU include the following; three year term, with the following cost-of-living adjustments: a 4.5% in year one; 4% in year two and a 3.5% in year three, as well as a one-time payment of $1,800 and a modified implementation of the 2021 compensation plan effective April 1, 2023 (Attachment 3). The final MOU will be brought forward at a later meeting.

FISCAL IMPACT: Additional costs resulting from approval of this Tentative Agreement will be covered by fund balance. If additional appropriations in FY 2023 are needed, staff will bring a budget adjustment to Council at mid-year (February 2023). Year 2 and Year 3 expenditures will be included in future budgets.

Prepared/Submitted By:

Lisa Murphy
Deputy City Manager/Human
Resources Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SEIU RESOLUTION.DOCX

2. SEIU TOTAL TENTATIVE AGREEMENT EXHIBIT A.PDF

3. SEIU TA COMP STUDY EXHIBIT B.PDF

24.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING A TENTATIVE AGREEMENT WITH SEIU LOCAL 521
WHEREAS, representatives of the City of Santa Cruz and SEIU LOCAL 521 have been meeting since early this year to bargain for successor agreement; and WHEREAS, the Tentative Agreement with the Union has been entered into by the respective parties and duly ratified by the Union’s members; and WHEREAS, the terms of the Tentative Agreement are attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that the City Council hereby approves the Tentative Agreement for SEIU Local 521 for a successor Memorandum of Understanding effective October 1, 2022, expiring October 10, 2025.

PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator
Exhibit A: Tentative Agreement
Exhibit B: Compensation Study Position List

24.2 24.3

24.4 24.5

24.6 24.7

24.8 City & SEIU Final TA - Enterprise funds only, unless classification is in both Ent & General Fund # of
Employees
Classification Title Bargaining
Unit
% above or
below Market
median of Total
Comp

4.5% COLA
Proposed
Increase to
within 10%
Total %
Increase Gen
Fund
Ent
Fund Mapped positions
17 ADMINISTRATIVE ASSISTANT I/II SEIU -15.9% 4.5% 1.4% 5.9% GF Ent 9 ADMINISTRATIVE ASSISTANT III SEIU 4.5% 1.4% 5.9% GF Ent Tied to Admin Assist 11 PARKING FACILITY MAINT ASST SEIU 4.5% 5.4% 9.9% ENT SERVICE MAINTENANCE TRAINEE 7 PARKING CONTROL MAINT WKR SEIU Compaction 4.5% 5.4% 9.9% ENT Parking Enf Officer/Parking Office Rep/Control mt wk 8 PARKING ENFORCEMENT OFFICER SEIU 4.5% 5.4% 9.9% ENT Parking Enf Officer/Parking Office Rep/Control mt wk 4 PARKING OFFICE REPRESENTATIVE SEIU 4.5% 5.4% 9.9% ENT Parking Enf Officer/Parking Office Rep/Control mt wk 6 SERVICE MAINTENANCE TRAINEE/WORKER SEIU 19.9% 4.5% 5.4% 9.9% ENT 2 SR SERVICE MAINTENANCE WKR SEIU Compaction 4.5% 5.4% 9.9% ENT 1 WATER FAC ELEC/INSTR TECH I/II SEIU 4.5% 3.8% 8.3% ENT WW FAC ELECT/INSTR TECH II 0 WATER FAC ELEC/INSTR TECH III SEIU 4.5% 3.8% 8.3% ENT 2 PLANT MAINTENANCE MECHANIC I/II
1 WATER FACILITIES MECHANICAL TECH II SEIU 4.5% 3.8% 8.3% ENT WW FACILITIES MECH TECH II 1 WATER FACILITIES MECHANICAL TECH III SEIU 4.5% 3.8% 8.3% ENT WW FAC LEAD MECH TECH 1 UTILITY MAINT TECH TRAINEE SEIU 4.5% 3.8% 8.3% ENT UTILITY MAINT TECH TRAINEE 1 UTILITY MAINT TECH SEIU 18.3% 4.5% 3.8% 8.3% ENT UTILITY MAINTENANCE TECH WW FACILITIES MECH TECH I SEIU 4.5% 3.8% 8.3% ENT
8 WW FACILITIES MECH TECH II SEIU 4.5% 3.8% 8.3% ENT WATER FACILITIES MECHANICAL TECH II 1 WW FAC LEAD MECH TECH SEIU 4.5% 3.8% 8.3% ENT WATER FACILITIES MECHANICAL TECH III WW FAC ELEC/INSTR TECH I SEIU 4.5% 3.8% 8.3% ENT UTILITY MAINT TECH 1 WW FAC ELEC/INSTR TECH II SEIU 4.5% 3.8% 8.3% ENT WATER FAC ELEC/INSTR TECH II 17 RESOURCE RECOVERY WORKER I/II SEIU 11.0% 4.5% 6.5% 11% ENT City of Watsonvile Integrated Waste Worker 3 SR RESOURCE RECOVERY WORKER SEIU 11.0% 4.5% 6.5% 11% ENT City of Watsonvile Integrated Waste Worker 39 SOLID WASTE WORKER SEIU 11.0% 4.5% 6.5% 11% ENT City of Watsonvile Integrated Waste Worker 1 LABORATORY TECHNICIAN SEIU -19.8% 4.5% 5.3% 9.8% ENT

24.9 0
ENGINEERING TECHNICIAN SEIU 4.5% 0.5% 5.0% GF ENT
6 ASSISTANT ENGINEER I SEIU 4.5% 0.5% 5.0% GF ENT
4 ASSISTANT ENGINEER I/II SEIU -15.0% 4.5% 0.5% 5.0% GF ENT 151
P/labor Relations/Unions/Negotiations/2022 Negotiations/SEIU/Costing/Final TA Comp Study Implementation 10-20-22.xls

24.10 City Council

AGENDA REPORT
DATE: 11/07/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Human Resources
SUBJECT: Supervisors Unit of the City of Santa Cruz Memorandum of Understanding (HR)
RECOMMENDATION: Resolution approving a tentative agreement with the Supervisor Unit Association of the City of Santa Cruz effective November 12, 2022 through December 5, 2025.

BACKGROUND: The Memorandum of Understanding (MOU) with the Supervisors Unit (Union) expired on August 19, 2022. The Union and the City have met and conferred in good faith according to the Meyers- Milias-Brown Act regarding wages, hours, and other terms and conditions of employment. As a result the Union and the City have reached a Tentative Agreement on a successor MOU.

DISCUSSION: The Union and the City have been meeting and conferring on a successor MOU and have reached an agreement. In summary, the major terms of the new MOU include the following; three year term, with the following cost of living adjustments: Year one a 4.0%, Year two a 2% with a new top step, and in Year three a 3%. In addition and the City will assume the cost of structural compensation increases from step increases, retirement benefits and medical benefits.

For Council approval is a resolution approving the Tentative Agreement with Supervisory Unit.

Staff will bring back an updated MOU for approval at a later meeting.

Prepared/Submitted By:

Lisa Murphy
Deputy City Manager/Human
Resources Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. EXHIBIT A - TENTATIVE AGREEMENT.PDF

25.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING A

TENTATIVE AGREEMENT WITH THE SUPERVISOR EMPLOYEES
OPERATING ENGINEERS, LOCAL 3
WHEREAS, representatives of the City of Santa Cruz and Supervisory Employees, Operating Engineers, Local 3 (Union) have met and conferred in good faith to bargain for successor agreement; and
WHEREAS, the Tentative Agreement with the Union has been entered into by the respective parties and duly ratified by the Union’s members; and WHEREAS, the terms of the Tentative Agreement are attached as Exhibit A; and BE IT FURTHER RESOLVED that the City will prepare the Memorandum of Understanding to include the Tentative Agreement and bring it before the City Council for adoption at a later City Council meeting.

PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator

25.2 25.3

25.4 25.5
City Council

AGENDA REPORT
DATE: 10/27/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Police
SUBJECT: Office of Traffic Safety Selective Traffic Enforcement Program – Grant Acceptance (#PT23069) (PD)
RECOMMENDATION: Resolution amending the FY 2023 budget and authorizing the acceptance and appropriation of funds from the Office of Traffic Safety for the Selective Traffic Enforcement Program. The City Manager is hereby authorized and directed to execute the contact and agreements associated with the acceptance of this grant.

BACKGROUND: The Office of Traffic Safety (OTS) issued a call for projects to fund various traffic safety programs. Funding for strategic traffic enforcement, including police overtime hours, equipment, and increased training are eligible projects. This program does not require a local funding match and is 100% reimbursable.

In 2018-2021, Santa Cruz Police Department was also awarded this grant, resulting in an increase in traffic citations, widely-publicized traffic safety awareness and enforcement campaigns, and five officers in the department attended California Traffic College. All of these measures have been proven to increase roadway safety. This grant award will fund additional traffic enforcement hours for 2022-2023.

Enforcement is a key tool to achieve improved roadway safety.

DISCUSSION: The Santa Cruz Police Department requests the City Council to authorize the City Manager to accept and appropriate funds from the Office of Traffic Safety (OTS) grant program. The funding will be used to pay for police department overtime hours, traffic safety equipment, and travel and training expenses.

Like many cities, we frame our efforts to improve roadway safety using the 5 E’s: Education, Encouragement, Engineering, Evaluation, and Enforcement. The City of Santa Cruz has been highly successful at implementing improvements in Education, Encouragement, Engineering, and Evaluation to improve roadway safety. We’ve been fortunate to receive grant funding to implement these projects and programs through the Active Transportation Program, Highway Safety Improvement Program, State Transportation Improvement Program, and others.

On the final E, Enforcement, prior to the OTS grant the City of Santa Cruz has not been able to fully staff the Traffic Division in the Police Department to provide a high level of proactive enforcement. While the Department has been working to add additional officers to the Traffic

26.1 Division, budget constraints and competing departmental needs have resulted in insufficient staff time available to conduct proactive enforcement without the addition of overtime staffing.

This grant funding will be used to fund overtime hours for traffic enforcement. This enforcement will focus on school zones surrounding bell times, strategic enforcement at locations with a high history of collisions, and nighttime enforcement during weekends targeting driving under the influence (DUI). This grant funding will provide support equipment, including speed enforcement and DUI testing equipment. Finally, this funding will fully fund sending four officers to Drug Recognition Enforcement (DRE) Training.

FISCAL IMPACT: A total of $97,000 in grant funds is awarded, with no local match required.

Prepared By:

Patricia Dodge
Principal Management
Analyst
Submitted By:

Bernie Escalante
Chief of Police
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. GRANT AGREEMENT.PDF

26.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0( REVENUE EDEN ACCOUNT TITLE
ACCOUNT 352-(&71$0( EXPENDITURE EDENACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
&RXQFLO$SSURYDO

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE0DUPCFS Clear Form
FY 2023
10/26/2022
OTS Enforcement Grant award for Oct. 2022 - Sept. 2023
101-20-22-2104-43110 g202302-112-2121-0 OTS STEP Grant 2022-2023 Federal operating grants & contrib. 97,000.00 97,000.00
101-20-22-2104-52122 g202302-100-2010-0 OTS Grant 2022=2023 Labor 79,450.00 101-20-22-2104-52302 g202302-100-2020-006 OTS Grant 2022-2023 Travel 3,150.00 101-20-22-2104-53105 g202302-100-2020-279 OTS Grant 2022-2023 Small Tools and Equipment 14,400.00 97,000.00

0.00 Patricia
Dodge
Digitally signed by
Patricia Dodge
Date: 2022.10.27
09:38:39 -07'00'
Bernie
Escalante
Digitally signed by
Bernie Escalante
Date: 2022.10.27
14:52:37 -07'00'
Edward
Torres
Digitally signed by Edward Torres
DN: cn=Edward Torres, o=City of Santa Cruz, ou,
[email protected], c=US
Date: 2022.10.27 16:09:18 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2022.10.28 07:13:50 -07'00'

26.3 26.4

26.5 26.6

26.7 26.8

26.9 26.10

26.11 26.12

26.13 26.14

26.15 26.16

26.17 26.18

26.19 26.20
City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Public Works
SUBJECT: Award Contract for Sewer Cleaner Combination Truck - Budget Adjustment (PW)
RECOMMENDATION: Motion to:
1) Award a contract for the purchase of one replacement Sewer Cleaner Combination Truck from Owen Equipment (Fairfield, CA), in the amount of $595,077.10; and 2) Adopt a resolution to amend the FY 2023 budget and appropriate funds in the amount of $595,077.10 from the Wastewater Fund to purchase the sewer cleaner combination truck.

BACKGROUND: The sewer cleaner combination trucks are critical pieces of equipment used by the Wastewater Collections Division to clean and maintain 160 miles of sanitary sewer on an annual basis. The new combination unit is a double axle heavy duty sewer cleaner truck that replaces a similar unit that was purchased in 2011 and is at the end of its useful service life.

DISCUSSION: Section 3.08.170 of the Municipal Ordinance allows the City of Santa Cruz (City) to buy from cooperative purchasing agreements when is in the best interest of the City to do so.

National Joint Powers Alliance (NJPA) Sourcewell obtain competitively and formally bid contracts which can be used by participating member municipal agencies, including the City.

The NJPA Sourcewell quoted price from contract #1011331-VTR, for this 2100i is $595.077.10, which includes 9.25% sales tax. By utilizing the Cooperative Purchasing method, the NJPA Sourcewell Contract pricing discounts $12,200.00 from the manufacturer’s list price, providing a cost savings to the City versus purchasing through traditional methods. This total price also includes a $35,000 trade in credit for Vac-Con Unit #741. This Purchase includes a 12-month limited factory warranty, delivery, inspection and operations and safety training to City Staff.

The Wastewater Fund schedules a 9-10 year replacement cycle for sewer cleaner combination trucks. Unit # 741, purchased in 2011, is 12 years old and is overdue to be replaced. The Public Works Department Wastewater Fund replacement schedule for sewer cleaner combination trucks is built into the current sewer rates.

FISCAL IMPACT: The purchase price of the new sewer cleaner combination truck including tax is $595,077.10. This action authorizes an appropriation of $595,077.10 to activity 7202

27.1 Wastewater Collection, Capital Outlay, from the Wastewater Enterprise fund balance. There is no impact to the General Fund.

Prepared By:

Anne Hogan
Wastewater System Manager
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROPOSAL.RTF

2. BUDGET ADJUSTMENT.PDF

27.2 Russ Knight
Tel: 707-290-9093
Quote Number: 2022-49291 1 of 7
Presents a Proposal Summary
of the

2100i
Combination Single Engine Sewer Cleaner with Positive Displacement Vacuum System Mounted on a Heavy Duty Truck Chassis
for
City of Santa Cruz
Contract Number: 1011221-VTR

27.3 Quote Number: 2022-49291 2 of 7

PRODUCT DESCRIPTION
· 2100i with Roots 824-18" Hg. Blower, 10 Yard Debris body, 1500 Gallons of Fresh Water · Pete 567 SBA 6 X 4, 455 H.P. Automatic

STANDARD FEATURES
· 48" x 22" x 24" Curb Side Aluminum Toolbox
· Aluminum Fenders
· Mud Flaps
· Electric/Hydraulic Four Way Boom
· Color Coded Sealed Electrical System
· Intuitouch Electronic Package
· Double Acting Dump Hoist Cylinder
· 3" Y-Strainer at Water Pump Inlet
· Ex-Ten Steel Cylindrical Debris Tank
· Flexible Hose Guide
· (3) Nozzles with Carbide Inserts w/Rack
· Suction Tube Storage - 4 Pipe
· 3/4" Nozzle Pipe
· 10' Leader Hose
· Flat Rear Door w/Hydraulic Locks
· Dual Stainless Steel Float Shut Off
· Debris Body Vacuum Relief System
· Debris Deflector Plate
· 60" Dump Height
· Additional Water Tank Sight Guage
· Liquid Float Level Indicator
· Boom Transport Post Storage
· 3" Y-Strainer @ Water Pump
· Performance Package
· 1" Water Relief Valve
· Microstrainer Prior to Blower
· Midship Handgun Coupling
· Side Mounted Water Pump
· Hose Wind Guide (Dual Roller)
· Hose Reel Manual Hyd. Extend/Retract
· Hose Reel Chain Cover (Full)
· Hydraulic Extending 15", Rotating Hose Reel, 3/4" x 800' Capacity · Tachometer & Hourmeter/Blower
· Circuit Breakers
· LED Lights. Clearance, Back-Up, Stop, Tail & Turn
· Tow Hooks, Front and Rear
· Electronic Back-Up Alarm
· Hydraulic Tank Shutoff Valves
· Module Paint, Dupont Imron Elite - Sanded Primer Base · 7" Vacuum Pipe Package
· Emergency Flare Kit
· Fire Extinguisher 5 Lbs.
· Fixed Rear Door Pipe Rack, 7" Pipe
· Subframe Mounted, 2-Pipe Rack, 7"
· Low Water Alarm with Water Pump Flow Indicator
· Joystick Boom Control
· Rodder System Accumulator- Jack Hammer on/off control w/ manual valve · Digital Hose Footage Counter
· Water Pump Hour Meter
· PTO Hour Meter

27.4 Quote Number: 2022-49291 3 of 7
· Hydraulic Oil Temp Alarm
· Digital Water Pressure Gauge
· Vactor Standard Manual and USB Version - 1 + Dealer

ADDITIONAL FEATURES
· Roots 824-18" Hg. Blower
· 180 deg. 10' x 15' Rapid Deployment Boom
· RDB Washout Coupling
· 60 GPM Variable Flow Water System
· 3000 PSI Water Pressure
· Hydraulic Cooling Package
· Debris Body Washout
· 6" Knife Valve w/Cam-Loc, Rear Door, 3:00 Position
· Full Rear Door Swinging Screen
· Centrifugal Separators (Cyclones)
· Folding Pipe Rack, Curbside, 7" Pipe
· Folding Pipe Rack, Streetside, 7" Pipe
· Rear Door Splash Shield
· Lube Manifold
· Plastic Lube Chart
· Laval Water Separator at Fill
· Hot Shift Blower Drive (automatic transmission)
· Bellypack Wireless Controls with hose reel controls, 2-way communications, and LCD Display · Rotatable Boom Inlet Hose
· Handgun Couplers, Front and Rear
· Hydro Excavation Kit - Includes Lances w/ Shield, Nozzles, Storage Tray, and Vacuum Tube · Hose Wind Guide (Dual Roller), Auto, Non-Indexing
· Rodder Hose Pinch Roller
· High Pressure Hose Reel
· Lateral Cleaning Kit Electric powered (pay-in/pay-out) w/speed control, 200' capacity and Nozzle, 25 GPM/2000 PSI · Rodder Pump Drain Valves
· Rear Directional Control, LED Arrowstick
· Front Directional Control, LED Arrowstick
· Wireless, Waterproof, Rechargable, Handheld, LED Spot Light w/12V Charger · 10 Lighting Package, 10 Federal Signal Strobe Lights, LED · LED Mid-Ship Turn Signals
· Worklights (2), LED,Boom
· Worklights (2), LED, Rear Door
· Worklight, LED, Operators Station
· Worklight, LED, Curb Side
· Worklight, LED, Street Side
· Hose Reel Wrapped for Delivery
· Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2) LED Side Markers · Toolbox, Behind Cab
· Toolbox, Driver Side Chassis Frame, 24w x 24h x 24d
· Toolbox, Driver Side Subframe, 18w x 24h x 24d
· (4) Long Handle Tool Storage Locations Behind Cab
· Camera System, Front, Rear and Both Sides
· Safety Cone Storage Rack - Post Style
· Additional Safety Cone Storage Rack - Drop in Style
· Digital Water Level Indicator
· Digital Debris Body Level Indicator
· 1 Printed Full Vactor Manual
· Vactor Standard Manual and USB Version - 1
· 25gal chemical tank, lower left tank (1500gal)
· Piranha rodder hose (3000psi) 3/4" x 800'

27.5 Quote Number: 2022-49291 4 of 7

ALL COST INCREASES FOR MAJOR COMPONENTS (ENGINES, TRANSMISSIONS, AXLES AND TIRES), ALL COSTS

RESULTING FROM GOVERNMENT MANDATED REQUIREMENTS, AND ALL RAW MATERIAL SURCHARGES WILL BE PASSED THROUGH AND ADDED TO FACTORY INVOICES.

Customer Initials ________
List price for Vactor 2100i...…………..……………….……………………………………………..$591,893.00 Sourcewell price for Vactor 2100i(Discount $12,200.00)………………………….………………..$579,693.00 Trade in Credit for 2011 Vac-Con…………………………………………………………………...$35,000.00 Purchase Price………………………………………………………………………………………...$544,693.00 Tax @9.250 %........................................................................................................................................$50,384.10 Total Price FOB Santa Cruz, Ca.………...………………………………..…………………............$595,077.10 Registration and training included

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED

OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good until Decmenber 31, 2022. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 295-315 days TERMS: Net 10 or Approved Lease
Let me know if you need any additional information. I can provide you with a bid spec if you need it. I would welcome the opportunity to set up a demo to show you guys just how easy it is to use our unit. If you have any questions, please give me a call at (916)947-0986.

Sincerely,
Manny Perez
Manny Perez
Account Manager

27.6 QuoteNumber:2022-49291 5 of 7

LIMITED WARRANTY
Limited Warranty. Each machine manufactured by VACTOR MANUFACTURING (or, "the Company") is warranted against defects in material and workmanship for a period of 12 months, provided the machine is used in a normal and reasonable manner and in accordance with all operating, maintenance and safety instructions. In addition, certain machines and components of certain machines have extended warranties as set forth below. If sold to an end user, the applicable warranty period commences from the date of delivery to the end user. If used for rental purposes, the applicable warranty period commences from the date the machine is first made available for rental by the Company or its representative. This limited warranty may be enforced by any subsequent transferee during the warranty period. This limited warranty is the sole and exclusive warranty given by the Company.

STANDARD EXTENDED WARRANTIES (Total Warranty Duration)
2100 Series, HXX Series and Jetters 10 years against water tank leakage due to corrosion. Nonmetallic water tanks are covered for 5 yrs. against any factory defect in material or workmanship. 2100 Series, HXX Series and Guzzler only 5 years against leakage of debris tank, centrifugal compressor or housing due to rust-through.
2100 Series and Jetters 2 years - Vactor Rodder Pump
Exclusive Remedy. Should any warranted product fail during the warranty period, the Company will cause to be repaired or replaced, as the Company may elect, any part or parts of such machine that the Company's examination discloses to be defective in material or factory workmanship. Repairs or replacements are to be made at the selling Company's authorized dealer's or distributor's location or at other locations approved by the Company. In lieu of repair or replacement, the Company may elect, at its sole discretion, to refund the purchase price of any product deemed defective. The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty claim.

This Limited Warranty shall not apply to (and the Company shall not be responsible for):

1. Major components or trade accessories that have a separate warranty from their original manufacturer, such as, but not limited to, trucks and truck chassis, engines, hydraulic pumps and motors, tires and batteries.

2. Normal adjustments and maintenance services.

3. Normal wear parts such as, but not limited to, oils, fluids, vacuum hose, light bulbs, fuses and gaskets.

4. Failures resulting from the machine being operated in a manner or for a purpose not recommended or not in accordance with operating, maintenance or safety instructions provided by the Company.

5. Repairs, modifications or alterations without the express written consent of the Company, which in the Company's sole judgment, have adversely affected the machine's stability, operation or reliability as originally designed and manufactured.

6. Items subject to misuse, negligence, accident or improper maintenance. *NOTE* The use in the product of any part other than parts approved by the Company may invalidate this warranty. The Company reserves the right to determine, in its sole discretion, if the use of non-approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make the Company liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine.

THIS WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT

PERMITTED, CONFERRED BY STATUTE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AGAINST FAILURE OF ITS ESSTENTIAL PURPOSE, ALL OF WHICH ARE DISCLAIMED.

This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of the Company. For the avoidance of doubt, the Company shall not be liable for any indirect, special, incidental or consequential damages, including, but not limited to, loss of use or lost profits. The Company makes no representation that the machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to alter the terms of this warranty, to give any other warranties or to assume any other liability on behalf of the Company in connection with the sale, servicing or repair of any machine manufactured by the Company. Any legal action based hereon must be commenced within eighteen (18) months of the event or facts giving rise to such action.

The Company reserves the right to make design changes or improvements in its products without imposing any obligation upon itself to change or improve previously manufactured products.

VACTOR MANUFACTURING
1621 S. Illinois Street
Streator, IL 61364

27.7 TERMS AND CONDITIONS
Quote Number:2022-49291 6 of 7
ORDERS: All orders are subject to acceptance by Vactor
Manufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter referred to as Vactor). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Vactor's Management.

PRICES: All orders are subject to current prices in effect at the time of order acknowledgement.

F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory.

PAYMENT TERMS: The company's payment terms are due
upon receipt, unless otherwise stated. However, until such time as Vactor receives full payment, Vactor shall maintain a purchase money security interest in the product.

CANCELLATION: Orders cannot be cancelled except upon
terms that will compensate Vactor for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price.

SHIPMENT: All proposals are based on continuous and
uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Vactor to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Vactor shall be liable only for ordinary care of the property.

STORAGE CHARGES: Vactor shall charge the customer at
current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by Vactor is at the customer's or other party's risk. Vactor is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control.

PERFORMANCE: Vactor shall not be liable for failure to
complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control.

EXPERIMENTAL WORK: Work performed at customer's
request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates.

SKETCHES, ENGINEERING DRAWINGS, MODELS and
all preparatory work created or furnished by Vactor, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Vactor.

TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws. However, Vactor Manufacturing, Inc. shall be responsible for Federal Excise Tax (F.E.T.) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Vactor will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Vactor.

PRODUCT IMPROVEMENTS: Vactor reserves the right to
change manufacturing specifications and procedure in
accordance with its product improvement policy.

MOUNTING PRICES: Mounting prices assume normally
factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate.

WARRANTY: Vactor warrants its products to be free from
defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated
herein. THERE ARE NOT OTHER WARRANTIES OF ANY

KIND EXPRESS OR IMPLIED, AND SPECIFICALLY

EXCLUDED BUT NOT BY WAY OF LIMITATION, ARE

THE IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND MECHANTABILITY.

IT IS UNDERSTOOD AND AGREED THE VACTOR'S

LIABILITY WHETHER IN CONTRACT, IN TORT,

UNDER ANY WARRANTY IN NEGLIGENCE OR

OTHERWISE SHALL NOT EXCEED THE RETURN OF

THE AMOUNT OF THE PURCHASE PRICE PAID BY

THE PURCHASER AND UNDER NO CIRCUMSTANCES

SHALL VACTOR BE LIABLE FOR SPECIAL,

INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THE PRICES STATED FOR THE

EQUIPMENT IS A CONSIDERATION IN LIMITING
VACTOR'S LIABILITY. NO ACTION REGARDLESS OF

FORM, ARISING OUT OF THE TRANSACTION OF THE

AGREEMENT MAY BE BROUGHT BY PURCHASER

MORE THAN ONE YEAR AFTER THE CAUSE OF
ACTION HAS OCCURRED.

VACTOR'S MAXIMUM LIABILITY SHALL NOT

EXCEED AND BUYER'S REMEDY IS LIMITED TO

EITHER (I) REPAIR OR REPLACEMENT OF THE

DEFECTIVE PART OF PRODUCT, OR AT VACTOR'S

OPTION (II) RETURN OF THE PRODUCT AND

REFUND OF THE PURCHASE PRICE AND SUCH

REMEDY SHALL BE BUYER'S ENTIRE AND
EXCLUSIVE REMEDY.

CHOICE OF LAW: These terms and conditions shall be
construed according to the laws of the State of Illinois. Failure

27.8 TERMS AND CONDITIONS
Quote Number:2022-49291 7 of 7
at anytime by Vactor to exercise any right of its rights under this agreement shall not constitute a waiver-thereof nor prejudice Vactor's right to enforce it thereafter.

COMPLETE AGREEMENT: These terms and conditions,
contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Vactor unless in writing and agreed to by an authorized representative of Vactor. All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected.

I agree with the above terms and conditions:
___________________________
Date: ______________

27.9 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0( REVENUE EDEN ACCOUNT TITLE
ACCOUNT 352-(&71$0( EXPENDITURE EDENACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
&RXQFLO$SSURYDO

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE0DUPCFS Clear Form
2023
11/15/2022
Purchase of a replacement sewer cleaner combination truck for the Wastewater Collections Division. Funds will be appropriated from the Wastewater Enterprise fund balance.

0.00 721-40-61-7202-57402 n/a n/a Vehicle Equipment 596,000.00 596,000.00
-596,000.00
Anne
Hogan
Digitally signed
by Anne Hogan
Date: 2022.10.31
09:51:32 -07'00'
Digitally signed
by Nathan
Nguyen
Tracy
Cole
Digitally signed by Tracy Cole
DN: cn=Tracy Cole, o=City of Santa
Cruz, ou=Finance Department,
[email protected],
c=US
Date: 2022.11.02 15:37:28 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2022.11.03 14:20:08 -07'00'

27.10 City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Public Works
SUBJECT: SCRRF Green and Wood Waste Processing Services – Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion approving the specifications for the Santa Cruz Resource Recovery Facility (SCRRF) Green and Wood Waste Processing Services and authorizing staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: The City of Santa Cruz (City) operates a green waste and wood drop-off and curbside collection program at its Resource Recovery Facility (RRF), at 605 Dimeo Lane, Santa Cruz California. Approximately 15,000 tons of green waste and mixed wood waste are diverted from the landfill on an annual basis. The City is required to meet the waste diversion goals set by the State’s Waste Board (CalRecycle), and this material makes a significant contribution to our current overall landfill diversion rate. It is also estimated that at least 2,000 tons of construction and demolition waste material (C&D) will also be processed annually and used on site as alternative daily cover. This practice reduces airspace that soil cover would use up and helps preserve the onsite soil for future use.

Approximately a third of the clean wood and stumps are ground up and hauled off for composting by a local farmer. The rest are also ground up and mixed with ground up greenwaste so it can be spread along onsite slopes for erosion control. Erosion control is a critical part of stabilizing the slopes as the ground up material protects the bare soil from rain and promotes vegetative growth, which further anchors the soil.

Current regulations also dictate how large the greenwaste, wood waste and C&D stockpiles can be kept on site to maintain fire lane access and keep the temperature within the greenwaste pile low for fire prevention. Due to safety and site storage limitations, we require grinding services for these materials at least every other month, and possibly once a month.

At its October 25, 2022 meeting, City Council authorized a purchase order increase of $83,000 with Vision Recycling to continue greenwaste, wood waste, and C&D grinding services so the RRF can stay in compliance for the next 3-4 months while staff work on soliciting a contract for this service through the public bidding process.

28.1 DISCUSSION: The price to grind these material has jumped from $14/ton to $19/ton in the last 18 months due to high inflation and surge in fuel prices. This pushed the annual cost for this service over the $100,000 threshold. Staff recommends formally soliciting bids for a 3-year contract to continue this service.

FISCAL IMPACT: Staff estimates the annual cost to grind greenwaste, wood waste, and C&D will be approximately $275,000. Funds are budgeted in the annual Refuse Fund budget for these purposes. There is no impact on the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SPECIFICATIONS.DOCX

28.2 GREEN AND WOOD WASTE PROCESSING SERVICES
1 PUBLIC WORKS DEPARTMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR

SCRRF GREEN AND WOOD WASTE PROCESSING SERVICES

SANTA CRUZ CITY COUNCIL
Sonja Brunner, Mayor
Martine Watkins, Vice Mayor
Sandy Brown
Justin Cummings
Renee Golder
Shebreh Kalantari-Johnson
Donna Meyers
Matt Huffaker, City Manager
Bonnie Bush, City Clerk Administrator
Anthony P. Condotti, City Attorney
Mark Dettle, Public Works Department Director
Nathan Nguyen, Assistant Public Works Director/City Engineer BID OPENING FRIDAY, DECEMBER 9, 2022 @ 11:00 AM PACIFIC STANDARD TIME Closing time to receive bids
will be verified by the on-line clock maintained by the US Naval Observatory, found at:
https://www.usno.navy.mil/USNO/time/display-clocks/simpletime

28.3 GREEN AND WOOD WASTE PROCESSING SERVICES
2 TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................2 NOTICE INVITING SEALED PROPOSALS OR BIDS...............................................................4 BID FORM ......................................................................................................................................9 BASIS OF BID..............................................................................................................................12 Bid Bond........................................................................................................................................13 List of Subcontractors Form ..........................................................................................................14 DIR COMPLIANCE AFFIDAVIT ...............................................................................................15 Contractor Reference Information.................................................................................................16 Non-Collusion Declaration............................................................................................................17 Bidder’s Financial Qualification....................................................................................................18 Iran Contracting Act Certification .................................................................................................19 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT..............................................27 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE.........................................28 AGREEMENT...............................................................................................................................30 LABOR AND MATERIAL BOND ..............................................................................................35 FAITHFUL PERFORMANCE BOND .........................................................................................37 MAINTENANCE BOND..............................................................................................................39 Contractor’s Certificate Relating to Worker’s Compensation.......................................................41 Good Faith Effort Statement for Local Hire..................................................................................42 Local Hiring...................................................................................................................................43 MOBILIZATION/GENERAL REQUIREMENTS.......................................................................44

1. Failure to Execute Contract ...............................................................................................44

2. Mobilization.......................................................................................................................44

3. Contractor's Insurance .......................................................................................................44

4. Claims ................................................................................................................................48

5. Time of Completion...........................................................................................................54

6. Failure to Complete the Work on Time (Liquidated Damages) ........................................54

7. Existing Facilities ..............................................................................................................55

8. Water Pollution Control Program (WPCP) and/or Storm Water Pollution Prevention Program (SWPPP) .....................................................................................................................58

9. Maintenance and Clean-Up ...............................................................................................59

10. State of California Department of Transportation Standard Specifications ...................59

11. Notification of Project Commencement .........................................................................59

12. Project Schedule..............................................................................................................59

28.4 GREEN AND WOOD WASTE PROCESSING SERVICES
3 13. Progress and Final Payment............................................................................................60

14. Extra Work......................................................................................................................60

15. Local Hiring Compliance Forms......................................................................................60

16. Apprentice Hiring Records and Compliance Forms .......................................................61

17. Section Intentionally Omitted .........................................................................................61

18. Third Party Claims ..........................................................................................................61

19. Force Majeure .................................................................................................................61

20. Contractor Not an Agent .................................................................................................62

21. Conflicts of Interest.........................................................................................................62

22. City Property ...................................................................................................................62 TECHNICAL SPECIFICATIONS................................................................................................64

28.5 GREEN AND WOOD WASTE PROCESSING SERVICES
4 NOTICE INVITING SEALED PROPOSALS OR BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Cruz, California (the “City”), invites sealed Bids for the following “Project”:
“GREEN AND WOOD WASTE PROCESSING SERVICES"

1. Date and Place of Opening Bids. Sealed bids for the Project will be received at the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060, until Friday, December 9, 2022, at 11:00 AM local time in a sealed envelope plainly endorsed with the Project Name and Number, listed above. At that time, the Bids received will be publicly opened and read. Attendees will be required to wear face masks, social distance, and follow any other safety measures currently recommended by the County Public Health Officer.

Bids received after the date and time stated above will be rejected as nonresponsive.

2. Location of Project. The Project is to be performed at the following location: 605 Dimeo Lane, Santa Cruz, CA 95060.

3. Description of Work. The City is seeking a 3-year contract for grinding and screening greenwaste, wood waste, and construction & demolition debris (the “Work”) at the City Resource Recovery Facility located at 605 Dimeo Lane, Santa Cruz, CA 95060. For additional information, please contact the individual listed in Paragraph 17, below.

4. Term of Service Contract. The contract term shall be three (3) years, plus any renewals agreed by the parties.

5. Bidding Documents. The “Bidding Documents” shall include this Notice Inviting Bids, the Bid Form including all attachments included herein, General Requirements, Technical Specifications (including all plans, drawings, and reports), Addenda, draft Agreement, the City’s Standard Specifications (dated 2002), as amended1, the State of California’s Department of Transportation Standard Specifications (dated 2018), as amended, and all other documents identified herein.

6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from the following designated website: https://www.ebidboard.com. Paper Bidding Documents may be examined and copies secured from the office of the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060.

Prospective bidders are urged to register with the designated website as a Bidding Documents holder, even if Bidding Documents are obtained from a source other than the designated website or City in either electronic or paper format. The designated website will be updated periodically with Addenda, reports, and other information relevant to submitting a bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the designated website. Neither City nor any City 1 The City’s Standard Specifications (dated 2002) are located via the City Website at:
https://www.cityofsantacruz.com/home/showpublisheddocument?id=2467.

28.6 GREEN AND WOOD WASTE PROCESSING SERVICES
5 official, employee, or agent will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website or the City.

7. Submitted Bid. Each sealed Bid shall comply with the Bidding Documents and be submitted on the Bid Form, including all attachments. Contractor must clearly and legibly set forth all information requested in the manner and form indicated.

By submitting a Bid, the Bidder represents that it has carefully examined and investigated the Project site and all Bidding Documents.

Each Bid shall include a bid security in the form of a certified check, cashier's check, or bidder's bond made payable to the order of the City of Santa Cruz, California, for an amount not less than (10) percent of the amount of the Proposal. The bid security shall be given as a guarantee that the successful bidder will enter into the contract, and will be declared forfeited if the successful bidder refuses or fails to enter into said contract.

All bidders shall submit with its Bid the included sworn statement of its financial responsibility, technical ability, and experience.

8. Addenda. All submitted Bids shall verify if the City has issued any addenda for this Project.

It is the bidder’s sole responsibility to ensure that all addenda requirements are included in the submitted Bid. All addenda shall be posted on the City’s designated website.

9. Intentionally left blank.

10. Withdrawing Submitted Bid. A bidder may withdraw a submitted Bid at any time prior to the time of bid opening only by written request to the City. Unless otherwise required by law, no bidder may withdraw its Bid for a period of sixty (60) days after the bid opening.

11. Award of Contract. The City will award the Project to the lowest responsible and responsive bidder. The City reserves the right to reject any and all Bids, including but not limited to for any minor irregularities, or waive any informalities or minor defects in proposals received.

The City may reject a Bid if it determines that any of the bid prices are materially unbalanced to the potential detriment of the City.

Within ten (10) business days after receiving written notice that the contract has been awarded, the successful bidder shall return to the City the signed agreement, together with the completed Labor and Material Bond and Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price (issued by a corporate surety company approved by the City Attorney), insurance certificates, and all other documents as required by the Bidding Documents.

12. Department of Industrial Relations Monitoring. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Prevailing wages as published by the DIR are required for all workers, including those employed by subcontractors, for all non-federally funded projects.

28.7 GREEN AND WOOD WASTE PROCESSING SERVICES
6 No contractor or subcontractor may be listed on a Bid or awarded the contract for the Project unless registered with the DIR pursuant to Labor Code section 1725.5 and 1771.1.

Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.

13. Intentionally left blank.

14. Licenses. Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the Work. The Contractor is required to ensure that all subcontractors listed in the Bid Form and working on this Project hold valid licenses and certifications suitable for their trade. Bidder is required to provide with its Bid satisfactory proof of licensure to the City. Failure to possess required licenses shall act as a bar to award of the contract to the bidder.

Bidder and all subcontractors shall maintain the required licenses throughout the term of the contract.

15. Retention. Progress payments are subject to 5% retention withholding until thirty-five (35) calendar days after recording the notice of completion. Pursuant to California Public Contract Code Section 22300, for monies earned by the General Contractor and withheld by the City to ensure the performance of the Contract. The General Contractor, may, at its option, choose to substitute securities meeting the requirements of California Public Contract Code Section 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.

16. Business License. All Contractors and subcontractors working in the City must have a valid City of Santa Cruz business license at the time the contract is awarded, pursuant to Santa Cruz Municipal Code (SCMC) Chapter 5.04.

17. Good Faith Local Hiring and Apprenticeships. The General Contractor and all Subcontractors must make good faith efforts to hire qualified individuals who are residents of Santa Cruz County as required by SCMC Chapter 3.10, and to employ apprentices who are enrolled and participate in a viable apprenticeship program approved by the California Division of Apprenticeship Standards.

18. Questions for City. All questions relative to this Project prior to the opening of Bids shall be in writing and received no later than Friday, December 2, 2022 and shall be directed to:

City of Santa Cruz, Public Works Department
809 Center Street, Room 201, Santa Cruz, California 95060 Ms. Hoi Yu
Associate Professional Engineer
Email: [email protected]
Tel.: (831)420-5427
Fax: (831)420-5161

28.8 GREEN AND WOOD WASTE PROCESSING SERVICES
7 This Advertisement is issued by the City of Santa Cruz, California.

Dated: 11/16/2022
______________________________
Nathan Nguyen, P.E.

Assistant Public Works Director
Public Works Department
809 Center Street, Rm. 201
Santa Cruz, CA 95060

28.9 GREEN AND WOOD WASTE PROCESSING SERVICES
8 BID FORM
For
“GREEN AND WOOD WASTE PROCESSING SERVICES"
TO: The Council of the City of Santa Cruz
PROPOSAL OF:

Business Address:

Business Telephone:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement, in the form specified in the Contract Documents, with the City of Santa Cruz (“City”) to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the Bidding Documents.

The undersigned Bidder understands that any or all quantities of work shown herein are approximate only and are subject to increase or decrease, and offers to do the work whether the quantities are increased or decreased at the unit prices as stated in the following tabulation. The undersigned Bidder agrees to take in full payment for the work, including all applicable state and local taxes, the amount shown on the bid sheet.

Please note closing time to receive bids will be verified according to local telephone company time.

IT IS UNDERSTOOD THAT THIS BID IS BASED UPON PERFORMING THE WORK

AS SPECIFIED IN THE SPECIAL PROVISIONS DURING THE CONTRACT TERM OF THREE (3) YEARS, AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER TAXES APPLICABLE TO THE PROJECT.

The undersigned Bidder agrees to do any extra work, not covered by the above schedule of price, which may be ordered by the City, and to accept as full compensation therefore, such prices as may be agreed upon in writing by the City and the Contractor in accordance with the “Measurement and Payment” Section of the Standard Specifications.

If awarded the contract, the undersigned Bidder hereby agrees to submit the following documents to the City within ten (10) business days of the Notice of Award: a signed Agreement, executed bonds (including Faithful Performance Bond and Payment Bond), proper evidence of insurance, and any other forms or documents identified in the Bidding Documents and Notice of Award. The undersigned Bidder further agrees to begin work within ten (10) days after receiving the Notice to Proceed.

The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting proposals for GREEN AND WOOD WASTE PROCESSING SERVICES and also the site of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and furnish all

28.10 GREEN AND WOOD WASTE PROCESSING SERVICES
9 materials required by said Specifications and Plans and Special Provisions in the manner described therein.

No bid will be considered for less than all items of this schedule and one contract will be awarded for the entire Project.

The undersigned has carefully checked the bid prices, and all computations involved in the preparation of this bid, and understands that the City of Santa Cruz will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

This Bid is made with a full knowledge of the kind, quantities, and quality of the work and of materials, equipment, and plans required. This proposal is also made after a complete, careful, and independent examination and investigation of the site of the work, local conditions affecting the same, and materials to be encountered.

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date
The Bidder furthermore agrees that in case of its default in executing said Agreement with necessary bonds, the check or bond accompanying this Bid and money payable will become and remain the property of the City of Santa Cruz.

Enclosed is Bidder’s bond, certified check, or cashier’s check no. of the Bank for $ which is not less than 10 percent of the Bid submitted by the undersigned, payable to the City of Santa Cruz, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

It is understood and agreed that the City may reject any or all proposals, or waive any informalities or minor defects in proposals received.

It is agreed that this bid may not be withdrawn over a period of sixty (60) days from the opening thereof.

Bidder submits the following complete and executed documents herewith to form a complete Bid:

1. Bid Form

2. Basis of Bid

3. Bid Bond (if used as security)

4. List of Subcontractors Form

5. DIR Compliance Affidavit

6. Contractor Reference Information

7. Non-Collusion Declaration

8. Bidder’s Financial Qualification Form

28.11 GREEN AND WOOD WASTE PROCESSING SERVICES
10 9. Iran Contracting Act Certification

10. Certification Regarding Lobbying and Disclosure of Lobbying Activities

11. Contractor Qualification Questionnaire

12. Equal Employment Opportunity Certification

13. Public Contract Code Certifications

14. Debarment and Suspension Certification
Note: Bidders should not add any conditions or qualifying statement to this bid as otherwise the bid may be declared irregular as being not responsive to the Advertisement for Bids.

The undersigned declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct. A notary acknowledgment is required.

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

28.12 GREEN AND WOOD WASTE PROCESSING SERVICES
11 BASIS OF BID
Name of Bidder:

Project Name/Number:

Activity Material Unit of Measure Cost*
Grinding
(3-inch minus)
Green/Yard Waste Ton
Grinding
(3-inch minus)
Wood Waste Ton
Grinding
(3-inch minus)
C&D Ton
*Mobilization and all costs associated with grinding the material on site to be included in Grinding Price. Price is based on minimum 1,000 ton per mobilization. The supplier will be allowed to increase prices annually during the 3-year contract term. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in supplier's published prices, whichever is lower. In all cases, the City may cancel the contract if a requested price increase is not acceptable.

28.13 GREEN AND WOOD WASTE PROCESSING SERVICES
12 BID BOND
(If Bond Posted as Security)
KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,
AND , AS SURETY, are held and firmly
bound unto the City of Santa Cruz in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $___________________________________.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted the above-mentioned bid to the City of Santa Cruz, aforesaid, for certain construction specifically described as follows
For:
“GREEN AND WOOD WASTE PROCESSING SERVICES”
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract, in the prescribed form, in accordance with the bid, and files the certificate of insurance and two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _________day of____________, 2022.

PRINCIPAL SURETY
__________________________________ (Seal) (Seal)
__________________________________
Signature Signature
__________________________________
Title Title
__________________________________
Address Address
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

28.14 GREEN AND WOOD WASTE PROCESSING SERVICES
13 LIST OF SUBCONTRACTORS FORM
Name of Bidder:

Project Name/Number: GREEN AND WOOD WASTE PROCESSING SERVICES Bidder will use Subcontractors for the Work: □ YES □ NO For each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent, Bidder shall indicate on this form each proposed subcontractor’s legal/contracting entity name, business address and phone number, the Contractor’s State Licensing Board license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, the dollar amount and proportion (in percent) of the Work of each Subcontractor (of any tier) to whom a portion of the Work will be awarded via one or more subcontracts, and the work to be performed by the subcontractor.

Subcontractor’s
Legal Name
Business
Address and
Phone
Number
CSLB
License
Number
Public
Works
Contractor
DIR
Number
Subcontract
Amount and
Proportion
of Total Bid
Price
Work to Be
Performed
(Attach additional sheets, if necessary)

28.15 GREEN AND WOOD WASTE PROCESSING SERVICES
14 DIR COMPLIANCE AFFIDAVIT
Name of Bidder:

Project Name/Number: GREEN AND WOOD WASTE PROCESSING SERVICES () California Labor Code requires private contractors, and their subcontractors, to pay prevailing wages to their workers when working on a project funded by a public entity. Prevailing wages are due if the project costs more than $1,000, and involves the following construction work: new construction, alteration, demolition, installation, repair and maintenance. Contractors must also make an attempt to hire apprentices when the total project costs exceed $30,000.

Prior to commencement of the Contract, all Contractors and subcontractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to https://www.dir.ca.gov/Public-Works/PublicWorks.html.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (effective March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (effective April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
• DIR registration is required each fiscal year (July 1 – June 30).

I, the Bidder, certify that:

I acknowledge that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. I am aware of the provisions of Senate Bill SB 854 and Labor Code sections 1725.5, 1771.1(a), 1774-1776, 1777.5, 1813, and 1815 which require Contractors to comply with all labor compliance requirements, including but not limited to, prevailing wage requirements, Public Works Contractor Registration Program, Electronic Certified Payroll Reporting, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract.

Signature Date
Print Name Title

28.16 GREEN AND WOOD WASTE PROCESSING SERVICES
15 CONTRACTOR REFERENCE INFORMATION
Name of Bidder:

Project Name/Number: GREEN AND WOOD WASTE PROCESSING SERVICES () Failure to provide this information may constitute grounds for rejection of the bid.

The Bidder has been engaged in the contracting business under State License No.(s) for a period of years.

The following are five owners for whom the Bidder has constructed projects of similar scope to the Project. Such projects will have been completed within the past five years.

1. Name, Address, Phone No:

Project Description:

Date Completed:

2. Name, Address, Phone No:

Project Description:

Date Completed:

3. Name, Address, Phone No:

Project Description:

Date Completed:

4. Name, Address, Phone No:

Project Description:

Date Completed:

5. Name, Address, Phone No:

Project Description:

Date Completed:

28.17 GREEN AND WOOD WASTE PROCESSING SERVICES
16 NON-COLLUSION DECLARATION
(Pursuant to Section 7106 of the Public Contract Code)
Name of Bidder:

Project Name/Number: GREEN AND WOOD WASTE PROCESSING SERVICES () The undersigned declares:

I am the of , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 2022, at [City], , [State].
(Signature)

28.18 GREEN AND WOOD WASTE PROCESSING SERVICES
17 BIDDER’S FINANCIAL QUALIFICATION
Name of Bidder:

Project Name/Number: GREEN AND WOOD WASTE PROCESSING SERVICES () Reference is hereby made to the following bank or banks as to the financial responsibility of the Bidder:

Name of Bank Address/Phone Number/Contact Name & Title
Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the Bidder:

Company:

Address:

Company:

Address:

I certify that Bidder is financially and technically capable of performing and has the necessary experience to perform the work of the contract.

I declare under penalty of perjury that the foregoing is true and correct. This certificate is executed on ______________[date], at ______________[city], ______________[state].

BIDDER
Name:

Title:

28.19 GREEN AND WOOD WASTE PROCESSING SERVICES
18 IRAN CONTRACTING ACT CERTIFICATION
California Public Contract Code §§ 2202 – 2208
(If Bid For More than $1,000,000)
Name of Bidder:

Project Name/Number: GREEN AND WOOD WASTE PROCESSING SERVICES () Bidders are ineligible to bid on or submit a bid for any contract with a public entity for goods or services of one million dollars ($1,000,000) or more if the Bidder engages in investment activities in Iran (Public Contract Code § 2204). For bids $1,000,000 or more, Bidders must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification attached and submitted with their Bid. Failure to do so may deem the Bid nonresponsive. To submit a bid for this Project, please check one of the two options and complete the declaration, below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination, and a three-year ineligibility to bid on contracts. (Public Contract Code § 2205). □ Option 1: Certification
I, the official named below, certify that I am duly authorized to execute this certification on behalf of the vendor listed below, and the vendor identified below is not on the current list of persons engaged in investment activities in Iran created by the Department of General Services (DGS) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor or person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. □ Option 2: Exemption
Pursuant to PCC Sections 2203(c) and (d), a public entity may permit a vendor engaged in investment activities in Iran, on a case-by-case basis, to be eligible for or to bid on, submit a proposal for, or enter into or renew a contract for goods and services. Vendor has obtained an exemption from the certification requirement under the Iran Contracting Act and attaches documentation herein demonstrating the exemption approval.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Certificate is executed on ______________[date], at ______________[city], ______________[state].

BIDDER
Name:

Title:

28.20 GREEN AND WOOD WASTE PROCESSING SERVICES
19 Certificate Regarding Lobbying
31 U.S. Code § 1352
Name of Bidder:

Project Name/Number:

The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federally-funded contract, grant loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this certificate is executed on ______________[date], at ______________[city], ______________[state].

BIDDER:

Name:

Title:

28.21 GREEN AND WOOD WASTE PROCESSING SERVICES
20 CONTRACTOR QUALIFICATION QUESTIONNAIRE
The Bidder agrees to complete, sign, and return this Contractor Qualification Questionnaire, including all required supporting documentation, with the Bid. If Bidder fails or refuses to fully complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, and return it to the City with the Bid, the Bid will be considered incomplete and the City reserves the right to reject the Bid as nonresponsive. The Bid will not be considered for award of the contract.

Bidder shall fully and completely answer each question set forth below. If necessary, Bidder shall attach additional sheets. Please print or type each response. If your response to any question is “no” or “none,” you must state “no” or “none.” “Not applicable” or other similar responses will not be accepted.

1. State the full legal name of the Bidder.

2. State the nature of the Bidder’s business entity (i.e. sole proprietorship, joint venture, partnership, corporation, or other [describe]).

3. State the name and address of each person or other legal entity which has a legal or equitable ownership interest of ten percent (10%) or more of the Bidder. For each such person or legal entity, state that person or entity’s ownership interest, title, and responsibilities, if any.

4. Has any person or legal entity holding a legal or equitable ownership of ten percent (10%) or more of the Bidder ever been accused of a civil violation of California Government Code Section 12650 et seq. (False Claims Act)? If so, describe in detail all facts, circumstances, and the outcome.

5. Has any person or legal entity holding a legal or equitable ownership of ten percent (10%) or more of the Bidder ever been determined by a public agency to not be a responsible bidder? If so, state the name, address, and telephone number of the public agency, including the name of the agency’s contact person.

6. State the Bidder’s contractor’s license number(s).

7. State the date Bidder first began business.

8. State any other names that Bidder has used or done business under in the past five (5) years.

9. Describe, in general, Bidder’s material handling and processing experience.

10. Has Bidder ever failed to meet the terms of a material handling and processing contract? If so, describe in detail all facts, circumstances, and the outcome.

28.22 GREEN AND WOOD WASTE PROCESSING SERVICES
21 11. Has Bidder’s control over a work of material handling and processing services ever been terminated? If so, describe in detail all facts, circumstances, and the outcome.

12. For every public work of material handling and processing services upon which Bidder has furnished labor, services, materials, or equipment in the past five years, whether completed or not, for which the Bidder’s original contract was greater than $750,000 but not more than $1,250,000, state the name, address, and telephone number of the owner and principal designer (architect or engineer), original and final cost (if greater than 10% of original), and year.

13. For every lawsuit or arbitration between Bidder and the owner of any work of material handling and processing services initiated within the past five (5) years, state the name and address of the tribunal, the matter number, the parties, a general description of the nature of the dispute, and the outcome, if any.

14. Has Bidder ever been charged with a felony? If so, describe all facts, circumstances, and the outcome, furnishing the name and address of the court in which the charge(s) were filed, including the matter name and case number.

15. Has Bidder ever been accused of a civil violation of California Government Code Section 12650 et seq. (False Claims Act)? If so, describe in detail all facts, circumstances, and the outcome.

16. Has Bidder ever been accused of presenting false claims to a public agency or public owner, as such claims are defined in California Government Code Section 12650 et seq., or 31 United States Code Section 3729 et seq.? If so, describe in detail all facts, circumstances, and the outcome.

17. Has any public agency ever determined or ruled that Bidder is not a responsible bidder? If so, state the name, address, and telephone number of the public agency, including the name of the agency’s contact person.

18. Within the past five (5) years, has Bidder ever failed meet the terms of a material handling and processing contract, within the time allowed by the contract, plus any written agreed upon contract time extensions? If so, state the name, address, and telephone number of the owner of such public works operation including the name of the agencies’ contact person, and further, describe in detail the nature of the work of material handling and processing.

19. Has any surety of Bidder ever paid or satisfied any claim on behalf of Bidder? If so, state all facts and circumstances, including the name, address, and telephone number of surety and all claimants.

20. Has any surety of Bidder ever been called upon to complete a project of Bidder? If so, state all facts and circumstances, including the name, address, and telephone number of surety and all claimants.

28.23 GREEN AND WOOD WASTE PROCESSING SERVICES
22 21. For each project or work of material handling and processing services that Bidder is either (a) currently furnishing labor, services, materials, or goods, or (b) under contract to furnish labor, services, materials, or goods state a general description of the project; the current status of the project and Bidder’s work thereon; the owner’s name, address, and telephone number; and the amount of Bidder’s contract on such project.

22. State Bidder’s annual gross sales for each of the last five (5) fiscal years.

23. Have Bidder’s accounts receivable or rights to payment been assigned to a third party? If so, state the name of the third party and whether the third party has a secured or unsecured interest. Attach a copy of the assignment agreement to this Questionnaire.

The following certification must be signed by an owner, general partner, or officer of Bidder.

I declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached contractor qualification questionnaire and attachments, if any, and know its contents, and said contractor qualification questionnaire and attachments, if any, are truthful, complete and accurate; and that city of Santa Cruz may reasonably rely upon the contents as being complete and accurate; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12650 et seq., pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment, and/or other severe legal consequences.

BIDDER:

Name:

Title:

28.24 GREEN AND WOOD WASTE PROCESSING SERVICES
23 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The Bidder’s Execution on the signature portion of this Bid shall also constitute an endorsement and execution of those certifications which are a part of this Bid.

The Bidder/Proposed Subcontractor, ,
hereby certifies that it □ has / □ has not (check one) participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the Committee on Equal Employment Opportunity all reports due under the applicable filing requirements.

BIDDER
Name:

Title:

Date:

NOTE:The Bidder must place a check mark before “has” or “has not” in one of the boxes provided.

The above Certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by Bidders and Proposed Subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors or subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports, should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, and U.S. Department of Labor.

28.25 GREEN AND WOOD WASTE PROCESSING SERVICES
24 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder □ has / □ has not (check one) been convicted, within the preceding three (3) years of any offenses referred to in that Section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon, award of, or performance of any public works contract (as defined in Public Contract Code Section 1101) with any public entity (as defined in Public Contract Code Section 1100). The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

NOTE:The Bidder must place a check mark before “has” or “has not” in one of the boxes provided.

The above statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

28.26 GREEN AND WOOD WASTE PROCESSING SERVICES
25 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury the following Questionnaire:

1. Has the Bidder or any officer or employee of Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or a safety regulation? Please check one of the below:
□ YES □ NO
If the answer is “yes”, explain the circumstance.

PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Bidder hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Questionnaire and Statement are part of the Proposal. Signing the Proposal on the signature portion thereof shall also constitute signature of this Questionnaire and Statement.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

28.27 GREEN AND WOOD WASTE PROCESSING SERVICES
26 DEBARMENT AND SUSPENSION CERTIFICATE
Title 49, Code of Federal Regulations, Part 29
The Bidder, under penalty of perjury, certifies that except as noted below, it or any other person associated therewith in the capacity of owner, partner, director, officer, or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past 3 years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

If there are any exceptions to this Certification, state the exceptions, including as to whom it applies, the initiating agency, and dates of action.

Exceptions will not necessarily result in denial of award, but will be considered by City in determining Bidder responsibility.

Note: Providing false information may result in criminal prosecution or administrative sanctions.

The above Certification is part of the Proposal. Signing the Proposal on the signature portion thereof shall also constitute signature of this Certification.

28.28 GREEN AND WOOD WASTE PROCESSING SERVICES
27 AGREEMENT
THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor;”
WITNESSETH, that the parties hereto do mutually agree as follows:

ARTICLE I
That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the bid proposal attached hereto, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to build, construct, reconstruct, pave or repave and complete improvements for:

GREEN AND WOOD WASTE PROCESSING SERVICES ()
(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).

ARTICLE II
It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.

3. This Agreement, including:
a. Exhibit A – Contractor’s Bid Proposal, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Performance Bond

6. Maintenance Bond (if required)

7. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation

8. Good Faith Effort Statement for Local Hire

9. Local Hiring Statement

10. Invitation For Bids for GREEN AND WOOD WASTE PROCESSING SERVICES (), including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

11. General Conditions

28.29 GREEN AND WOOD WASTE PROCESSING SERVICES
28 12. Standard Specifications, including the City Specifications and all applicable State Specifications and/or Drawings
The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III
It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz, entitled:

1. City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications (“City Specifications”);

2. Standard Specifications of the State of California, Department of Transportation, dated 2018 (“State Specifications”); and

3. State of California /Caltrans: California Manual on Uniform Traffic Control Devices (CA MUTCD) (2014 Revision 6).

Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.

ARTICLE IV
Contractor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.

ARTICLE V
The City hereby contracts to pay said Contractor the prices provided for in the Bid Proposal in the manner, to the extent, and at the times set forth in the Contract Documents.

ARTICLE VI
It is agreed by the parties hereto that the acceptance of the Contractor's performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Contractor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid.

The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.

28.30 GREEN AND WOOD WASTE PROCESSING SERVICES
29 ARTICLE VII
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Contractor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Contractor or subcontractors. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction.

Contractor acknowledges and agrees that Contractor’s obligation to defend the City and the other Indemnitees arises at the time such Losses is tendered to Contractor by the Indemnitees and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction. This provision shall survive the termination of the Agreement or the completion of the Work.

This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.

ARTICLE VIII
Article Intentionally Omitted.

ARTICLE IX
General Terms

1. Complete Agreement. This Agreement, along with the terms and conditions in the Contract Documents and any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

2. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

3. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

4. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.

5. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

28.31 GREEN AND WOOD WASTE PROCESSING SERVICES
30 6. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

7. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

Signature Page to Follow

28.32 GREEN AND WOOD WASTE PROCESSING SERVICES
31 IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.

Approved as to Form by:

Date:

Anthony P. Condotti, City Attorney
For Contractor Name:

Signature: Date:

Name, Title:

For CITY OF SANTA CRUZ, a municipal corporation
Date:

Matt Huffaker, City Manager

28.33 GREEN AND WOOD WASTE PROCESSING SERVICES
32 LABOR AND MATERIAL BOND
WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled:
“GREEN AND WOOD WASTE PROCESSING SERVICES ()”
adopted by the City Council of the City November 15, 2022; and WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, the said Principal is about to enter into the annexed contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:

NOW, THEREFORE, we, the Principal, and , a
corporation organized and existing under and by virtue of the laws of the State of as “Surety”, are held and firmly bound unto the City of Santa Cruz in the sum of dollars ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Santa Cruz, for payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or his/her subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall

28.34 GREEN AND WOOD WASTE PROCESSING SERVICES
33 in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned
representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

28.35 GREEN AND WOOD WASTE PROCESSING SERVICES
34 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and
designated as “Principal” have entered into an agreement whereby Principal agrees to install and complete the work or improvement described in the contract documents entitled:
“GREEN AND WOOD WASTE PROCESSING SERVICES ()”
adopted by the City Council of the City on November 15, 2022; and WHEREAS, said Principal is about to enter into the annexed agreement with the City as is required to furnish security for the faithful performance of said Agreement.

NOW, THEREFORE, we, the Principal, and , a corporation
organized and existing under and by virtue of the laws of the State of , as “Surety”, are held and firmly bound unto the City, in the sum of ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and will indemnify and save harmless the City, its officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there will be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City.

As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ($ ), will remain in full force and effect, otherwise the obligation will be discharged.

However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will continue so long as any obligation of the Principal remains.

28.36 GREEN AND WOOD WASTE PROCESSING SERVICES
35 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications will in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code § 2819.

IN WITNESS WHEREOF, the parties have executed this instrument under their seals this day of , 20___, and duly signed by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

28.37 GREEN AND WOOD WASTE PROCESSING SERVICES
36 MAINTENANCE BOND
WHEREAS, the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California (the “City”), has awarded to _______________________, hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“GREEN AND WOOD WASTE PROCESSING SERVICES ()”
adopted by the City Council of the City on November 15, 2022; and, WHEREAS, said Principal is about to enter into the annexed contract with the City.

NOW, THEREFORE, we, the Principal, and ____________________________________, a corporation organized and existing under and by virtue of the laws of the State of California, as “Surety”, are held and firmly bound unto the City, in the sum of dollars ($____________) being not less than ten percent (10%) of the estimated contract costs of the work, to be paid to the City, for the payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns; NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his/her heirs, executors, administrators, successors, or assigns shall in all things abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as herein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmless the City, its officers and agents as therein stipulated, that this obligation shall be discharged, otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the said contract, the above obligation in the amount of dollars dollars ($_________), being not less than ten percent (10%) of the estimated contract cost, shall remain in force for a period of one (1) year after the completion and acceptance of the said work, during which time if the Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of dollars ($_________), shall remain in full force and effect, otherwise the obligation shall be discharged.

However, notwithstanding any other provisions of this paragraph, the obligation of the surety hereunder shall continue so long as any obligation of the Principal remains.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the Contract Documents shall in any way effect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.

28.38 GREEN AND WOOD WASTE PROCESSING SERVICES
37 IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned
representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

28.39 GREEN AND WOOD WASTE PROCESSING SERVICES
38 CONTRACTOR’S CERTIFICATE RELATING TO WORKER’S COMPENSATION I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under contract with the City of Santa Cruz (check one of the following) for GREEN AND

WOOD WASTE PROCESSING SERVICES ()
□ I have and will maintain in full force and effect Workers’ Compensation Insurance, as required by Section 3700 of the Labor Code, for the performance of the Work. My Workers’ Compensation insurance carrier and policy number are:

Insurance Carrier:

Policy Number:
□ I have and will maintain in full force and effect and have attached hereto a Certificate of Consent to Self-Insure issued by the Director of Industrial Relations, as provided for by Section 3700 of the Labor Code, for the performance of the Work.

I declare under penalty of perjury that the foregoing is true and correct and executed on , 20 at , California.

CONTRACTOR
Name:

Title:

28.40 GREEN AND WOOD WASTE PROCESSING SERVICES
39 GOOD FAITH EFFORT STATEMENT FOR LOCAL HIRE
In conformance with Chapter 3.10 of the Municipal Code, each Contractor and subcontractor shall complete and submit this Statement following Award of Contract and prior to issuance of the Notice to Proceed.

Project Title:

Name and Title of Person Completing Statement:

Name of Contractor or Subcontractor:

Date Statement Completed:

Address:

Contractor (or Subcontractor) estimates that fifty percent (50%) or more of its workforce for this project meets the local hire requirements of this contract:  Yes  No* *If no, complete the following table:

Name & Address of Local
Recruitment Source
Date of Recruitment
Contact
Person Contacted & Phone
#
Trade & Classification
# of Hire Referrals
Requested
# of Local Hire(s) Made as
Result of Contact
Name & Address of Local
Hire(s), as a Result of
Contact
(Additional Sheets May Be Attached As Needed)

28.41 GREEN AND WOOD WASTE PROCESSING SERVICES
40 LOCAL HIRING
Prevailing wage statements shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring.

However, the following information shall accompany the prevailing wage statements:

For pay period ending ____________________________
I. For each employee, complete residency compliance by marking the appropriate box.

Employee
a. Resident of the County of
Santa Cruz for at least one year
preceding date of Award of
Contract, or
b. A member of a Building Trade
Journeyman, or Building Trade
Apprentice program whose
organization has jurisdiction over
all or part of Santa Cruz County.
1 Yes  No  Yes  No 
2 Yes  No  Yes  No 
3 Yes  No  Yes  No 
4 Yes  No  Yes  No 
5 Yes  No  Yes  No 
6 Yes  No  Yes  No 
7 Yes  No  Yes  No 
Apprentice
Yes  No  Yes  No 

DUPLICATE AS NECESSARY
II. Calculate total weekly project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________% III. Calculate cumulative total project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________%

28.42 GREEN AND WOOD WASTE PROCESSING SERVICES
41 GENERAL REQUIREMENTS

1. Failure to Execute Contract
Failure of the lowest responsible and responsive bidder to execute the Contract and provide all acceptable bonds and documents as required by the Contract Documents as provided herein within ten (10) calendar days after such bidder has received the Contract for execution shall be just cause for the annulment of the award and the forfeiture of the bid security. This period of time shall be subject to extension for such further period as may be agreed upon in writing between the City and Bidder concerned.

2. Mobilization
Mobilization cost shall be included in the unit price and shall consist of expenditures for all preparatory work and operations, including but not limited to, bond and insurance costs; those costs deemed necessary for the movement of personnel, equipment, supplies, and incidentals to the project sites; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project.

3. Contractor's Insurance
Contractor will procure and maintain for the duration of the contract, 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 and the results of that work by the Contractor, its/his agents, representatives, employees or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Contractor. Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $4,000,000

AGGREGATE
Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be

28.43 GREEN AND WOOD WASTE PROCESSING SERVICES
42 provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
 AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.  WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor and its employees. (Not required if Contractor provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability  Surety Bonds as described below.
 CONTRACTORS POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.

1. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

2. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering hazardous materials to be transported by Contractor pursuant to the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy.

C. OTHER INSURANCE PROVISIONS
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

The insurance policies are to comply with the following provisions:
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, Contractors Pollution Liability, and automobile insurance (if transporting hazardous materials) policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least

28.44 GREEN AND WOOD WASTE PROCESSING SERVICES
43 as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). Housing Matters shall be listed as an additional insured under consultant’s CGL, Contractors Pollution Liability, and Automobile Insurance.
 PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.
 NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
 EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or 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.
 CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

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44 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
 VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

E. SURETY BONDS [REQUIRED FOR CONSTRUCTION CONTRACTS OVER $25,000] Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

F. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Contractor.

4. Claims
A. Definition of “Claim”.

All provisions of California Public Contract Code Section 9204 are incorporated into and form an integral part of the Contract Documents for this Project. The City and Contractor shall comply with California Public Contract Code Section 9204 when applicable.

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45 As used herein, the term “Claim” means a separate written demand or assertion by Contractor sent by registered mail or certified mail, with return receipt requested, for one or more of the following arising out of or related to the Contract Documents or the performance of the Work: (A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under the Contract; (B) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; (C) payment of an amount that is disputed by the City, as defined in Public Contract Code Section 9204(c).

A Claim does not include, and the procedures for processing of Contractor Claims do not apply to the following:
(i) Claims respecting penalties for forfeitures prescribed by statute or regulation which a government agency is specifically authorized to administer, settle, or determine (other than penalties for delay assessed by the City under the Contract). (ii) Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. (iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after final payment by City to Contractor. (v) Claims respecting stop notices.
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

B. Time Period for Submission of Claim.

If a Claim involves an adjustment to the Contract Sum or to the Contract Time due to Extra Work, then the Claim arises upon issuance of a decision denying, in whole or in part, Contractor’s Change Order Request. All other Claims arise when Contractor discovers, or should have discovered, the circumstances giving rise to the Claim (even if Contractor has not yet been damaged or delayed).

A Claim that does not involve an adjustment to the Contract Sum or Contract Time for Extra Work may be asserted if, and only if, Contractor gives written notice of intent to file the Claim to the City within five (5) calendar days of the date the Claim arises. A written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any, with respect to Contractor’s entitlement to an adjustment of the Contract Sum or Contract Time, and complies with the requirements of Section 3(C), below.

All Claims and supporting documentation and certifications must be filed as soon as possible, but no later than thirty (30) calendar days after the Claim arises. No Claims shall be filed after the final payment has been issued unless otherwise permitted by law.

C. Reasonable Documentation.

The Claim must include the following:
(i) A statement that it is a Claim and a request for a decision on the Claim;

28.47 GREEN AND WOOD WASTE PROCESSING SERVICES
46 (ii) A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of Work effected and reasonable documentation to support the Claim; (iii) A certification, executed by each Subcontractor claiming not less than 5% of the total monetary amount sought by the Claim, that the Subcontractor’s portion of the Claim is filed in good faith.
(iv) If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Request was submitted in a timely manner as required by the Contract Documents. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by the Contract Documents.
(v) A detailed justification for any remedy or relief sought by the Claim, including, without limitation:
a. A detailed cost breakdown in the form required for submittal of Change Order Requests, including an estimate of the costs incurred or to be incurred. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices, and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time of Claim submittal, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred.
b. Copies of actual job cost records demonstrating that the costs have been incurred. c. If the Claim is based on an error, omission, conflict, or ambiguity in the Contract Documents: (1) a sworn statement by Contractor and any Subcontractors or Subsubcontractors involved in the Claim, to the effect that the error, omission, conflict, or ambiguity was not discovered prior to submission of the Bid, or (2) if not discovered, a statement demonstrating that the error, omission, conflict, or ambiguity could not have been discovered by Contractor, its Subcontractors or Subsubcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid. (vi) If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
(vii) A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
“I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor’s name) and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of (Subcontractor's/Subsubcontractor’s name(s)) and that the following statements are true and correct. a. The facts alleged in or that form the basis for the Claim are true and accurate. b. The Claim is submitted in good faith.

28.48 GREEN AND WOOD WASTE PROCESSING SERVICES
47 c. The Change Order Request was timely submitted, as required by the Contract Documents.
d. Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading.
e. Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub-subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim.
f. Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and.
g. Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.

Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________
Date: _______________________________
D. Assertion of Claims.
(i) Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow, or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.
(ii) All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.
(iii) Strict compliance with these requirements is conditions precedent to Contractor’s right to an informal conference to meet and confer to resolve a Claim, mediate a Claim, or arbitrate or litigate a Claim. The failure of Contractor to strictly comply with the requirements of this Section constitutes a failure by Contractor to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim.

28.49 GREEN AND WOOD WASTE PROCESSING SERVICES
48 (iv) There shall be no waiver of any of the rights set forth in California Public Contract Code Section 9204; provided, however, that (i) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (ii) the City may prescribe reasonable Change Order, Claim, and Dispute Resolution Procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise the timeframes and procedures set forth in Public Contract Code Section 9204.
(v) The City’s right to commence the Contract dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor.

E. Decision of City on Claims.
(i) Pursuant to Public Contracting Code section 9204(d), upon receipt of a Claim, the City shall conduct a reasonable review of the claim and, within 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of the Claim, the Owner’s Representative, City, and Contractor may, by mutual agreement, extend the time period provided in this Section.

If City determines that additional supporting data are necessary to fully evaluate a Claim, City will request such additional supporting data in writing. Such data shall be furnished by Contractor to City no later than 10 days after the date of such request. Any payment due to Contractor by City on an undisputed portion of the Claim shall be processed and made within 60 days after the written statement is issued.
(ii) If the City needs approval from its governing body to provide the Contractor with a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the forty-five (45) day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(iii)Failure by the City to respond to a Claim from Contractor within the time periods described in this Section 3 and California Public Contract Code Section 9204 or to otherwise meet the time requirements shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article 4.2 and California Public Contract Code Section 9204, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. (iv)Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

28.50 GREEN AND WOOD WASTE PROCESSING SERVICES
49 (v) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum, pursuant to Public Contracting Code section 9204(d)(4). (vi)If a subcontractor or a lower tier subcontractor lacks standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or a lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which has been performed by the subcontractor or lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting the Claim be presented to the City shall furnish reasonable documentation supporting the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.

F. Meet and Confer Conference.

If the Contractor disputes the City's written response, or if the City fails to respond to a Claim issued pursuant to Section 3(E) within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

G. Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, specified in Section 3(F), if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
(ii) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation, or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

28.51 GREEN AND WOOD WASTE PROCESSING SERVICES
50 (iii)Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

H. Arbitration and Litigation.
(i) In the event mediation does not resolve the parties' dispute, the parties shall comply with the Arbitration provisions set forth in Public Contract Code Sections 10240 – 1024.13. (ii) Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. (iii)The City may, but is not required, to assert as a counterclaim any matter arising out of the claims asserted by Contractor in the arbitration. City’s failure to assert any such counterclaim in an arbitration shall be without prejudice to the City’s right to assert the counterclaim in litigation or other proceeding.
(iv)Any litigation shall be filed in the Superior Court of the State of California for the County of Santa Cruz.

I. Waiver.

A waiver of or failure by the City to enforce any requirement in this Section 3 in connection with any Claim shall not constitute a waiver of and shall not preclude the City from enforcing such requirements in connection with any other Claims.

The Contractor agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order.

5. Contract Term
The term of the contract shall commence upon notification of award and continue for a period of three years, plus any extensions granted by the City.

6. Contract Renewal
At the option of the City, this contract may be renewed for two additional one-year terms under the same contractual terms and conditions and at the same price or price basis.

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51 On each anniversary date, the supplier will be allowed to increase prices. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in supplier's published prices, whichever is lower. In all cases, the City may cancel the contract if a requested price increase is not acceptable.

7. Termination
A. City May Terminate for Cause
The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:
- Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); - Failure of Contractor to perform or otherwise comply with a term of the Contract Documents;
- Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or Contractor’s repeated disregard of the authority of City or Engineer.

If one or more of the events identified above occurs, then after giving Contractor (and any surety) at least fourteen (14) calendar days’ written notice of City’s intent to terminate the Contract, City may proceed to:
- declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and
- enforce the rights available to City under any applicable performance bond.

Subject to the terms and operation of any applicable performance bond, if City has terminated the Contract for cause, City may exclude Contractor from the Site, take possession of the Work and all materials and equipment stored at the Site for which City has paid Contractor, including materials and equipment stored elsewhere, and complete the Work as City may deem expedient.

City may proceed with termination of the Contract under this Section, unless Contractor within seven (7) days of the date of the notice of intent to terminate begins to correct Contractor’s failure to perform and proceeds diligently to cure such failure.

If the contract is terminated as provided herein, Contractor shall not be entitled to receive any further payment. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City within thirty (30) calendar days of City’s invoice to Contractor. Such claims, costs, losses, and damages incurred by City will be reviewed as to reasonableness. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the Work performed.

28.53 GREEN AND WOOD WASTE PROCESSING SERVICES
52 Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by City will not release Contractor from liability.

B. City May Terminate for Convenience
Upon fourteen (14) calendar days’ written notice to Contractor, the City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall submit a claim for payment including required certifications as required in the Contract Documents within six (6) months of the effective date of termination. Subject to verification to City’s satisfaction, Contractor will be eligible to be paid for (without duplication of any items):
- completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination;
- expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; and
- other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

City shall not be liable for costs incurred by Contractor, or any Subcontractor or supplier, after receipt of a notice of termination.

City shall deduct from Contractor any advance payments made to Contractor related to the terminated portion of the Contract Documents, any claim which City may have against Contractor in connection with the Contract Documents, and any other applicable costs.

C. Contractor May Stop Work or Terminate
If, through no act or fault of Contractor, or Subcontractor, or any employee or agent of Contractor or any Subcontractor, (1) the Work is suspended for more than 180 consecutive days by City or under an order of court or other public authority, or (2) the City fails to act on an application for payment within 30 days after it is submitted by Contractor, or (3) City fails for sixty (60) calendar days to pay Contractor any undisputed sum finally determined to be due, then Contractor may, upon thirty (30) days’ written notice to City, and provided City does not remedy such suspension or failure to cure within fourteen (14) days of the default, terminate the contract and recover payment for Work actually performed.

In lieu of terminating the Contract and without prejudice to any other right or remedy, if City has failed to act on an application for payment by Contractor within thirty (30) days after it is submitted, or City has failed for sixty (60) days to pay Contractor any undisputed sum finally determined to be due, Contractor may, fourteen (14) days after written notice to City, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

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53 8. Existing Facilities
Prospective bidders shall visit the work site and determine for themselves the existing conditions at the Project site, including location of utilities. The Contractor shall take precaution so as to avoid damaging existing public facilities and private improvements.

In accordance with California Government Code Section 4215, the City assumes the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified in the plans and specifications made a part of the invitation for bids. The City will compensate the Contractor for the costs of locating, repairing damage not due to the Contractor’s failure to exercise reasonable care, and removing or relocating existing main or trunk line utility facilities located at the Project site and not identified with reasonable accuracy in plans and specifications made a part of the invitation for bids. The City will also compensate the Contractor for the cost of equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the City’s or utility owner’s failure to provide for removal or relocation of such main or trunk line utility facilities.

Nothing in this provision or the Contract Documents will be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Work site can be inferred from the presence of other visible facilities, such as buildings, meter, and junction boxes, on or adjacent to the Project site; provided, however, that nothing in this provision or the Contract Documents shall relieve the City from identifying main or trunk lines in the plans and specifications made a part of the invitation for bids.

Nothing in this provision or the Contract Documents will preclude the City from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.

Nothing in this provision or the Contract Documents will be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.

If the Contractor while performing the Work discovers underground utility facilities not identified by the City in the plans and specifications made a part of the invitation for bids, the Contractor must immediately notify the City and utility in writing.

Either the City or the utility, whichever owns existing main or trunk line utility facilities located on the Work site, shall have sole discretion to effect repairs or relocation work or to permit the Contractor to perform such repairs or relocation work at a reasonable price The Contractor will be required to work around public utility facilities that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and (s)he will be held liable to the owners of such facilities for any damage or interference with service resulting from his/her operations.

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54 The exact locations of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage or interfere with service resulting from his/her operations. It shall be the Contractor’s responsibility to notify public utilities that (s)he is working in the vicinity of their facilities.

Other forces may be engaged in moving or reconstructing utility facilities or maintaining service of utility facilities, and the Contractor shall cooperate with such forces and conduct his/her operation in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other forces.

The City owns, operates, and maintains its own water distribution and sewer collection systems and will cooperate with the Contractor insofar as it is reasonable and practicable. Water, as required for City projects, may be obtained at City-owned fire hydrants provided that application is made to the Water Department and permission obtained with provision for payment.

Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor.

All underground utilities including but not limited to water service, sewer laterals, electrical service, and gas service broken or disturbed by the Contractor’s crew will be replaced or repaired by the Contractor or Utility Company at the Contractor’s expense.

The Contractor shall consult with utilities and notify them of any relocation or protection in sufficient time to allow the utilities to perform the work in a complete and orderly manner.

9. Water Pollution Control Program (WPCP) and/or Storm Water Pollution Prevention Program (SWPPP)
Water pollution control work and storm water pollution prevention work shall conform to Chapter 4 of the Best Management Practices Manual for the City’s Storm Water Management Program available on the City of Santa Cruz website at:
http://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices.

The Contractor shall take all necessary precautions to prevent any leakage or sewage spills of any kind onto adjacent property, public or private roadway, drainage systems, and waterways. The Contractor shall be liable for any and all clean-up costs or any fines that may be levied including those by the Regional Water Quality Control Board (RWCQB) against the City, in the event that such leakage or spill occurs. The Contractor shall also be responsible for reporting any and all spill to the appropriate regulatory agencies, including the RWCQB and the Santa Cruz County Health Department.

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55 Full compensation for conforming to the requirements of “WATER POLLUTION CONTROL” including furnishing all labor, materials, equipment, tools, and incidentals shall be included in the various bid item prices and no additional compensation will be allowed.

10. Maintenance and Clean-Up
Throughout the onsite operation period, the Contractor shall keep the operation site in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, and maintain proper housekeeping practices to the satisfaction of the Engineer.

When any material is to be disposed of outside of the easement or street or highway right-of-way, the Contractor shall first obtain written permission from the owner on whose property the disposal is to be made. Disposal must conform to grading ordinance of the jurisdiction in which the Work is performed. Location of disposal sites shall be submitted to the Engineer for review and subject to his/her approval.

11. State of California Department of Transportation Standard Specifications All Work under the Contract shall conform to the applicable requirements of the most recent published State of California Department of Transportation Standard Specifications. Said State Specifications are to be considered an integral part of the specifications for all purposes related to this Contract.

Definitions of terms not defined in City Standard Specifications shall be as defined in the 2018 State Standard Specifications, available at:
https://dot.ca.gov/-/media/dot-media/programs/design/documents/f00203402018stdspecsa11y.pdf.

12. Section Intentionally Omitted

13. Section Intentionally Omitted

14. Payment
All invoices must contain the proper pricing as specified by the bidder in this request. In addition, all invoices must include the appropriate purchase order number. Invoices not including the proper purchase order number may experience delayed payment.

The City issues payment to the supplier approximately thirty days after receipt of the commodity (merchandise and/or service) and the correct original invoice, whichever arrives last.

Purchase orders will be issued for the expected need of the full term of the contract or will be issued on an "as needed" basis when the order is made. However, purchase orders are required for all items purchased.

Issuing purchase orders on an "as needed" basis in no way nullifies the pricing agreement as set forth for the term specified.

15. Section Intentionally Omitted

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56 .

16. Local Hiring Compliance Forms
The Contractor, and all subcontractors, must comply with the local hiring provisions of Chapter

3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires City Contractors and subcontractors to make good faith efforts to hire qualified individuals who are local residents, as workers on City public works projects of estimated value of greater than the formal bid limit, unless prohibited by State or Federal laws or regulations.

The Contractor and all listed subcontractors must complete and submit to the City, after the Award of Contract and prior to the issuance of the Notice to Proceed, the form entitled, “Good Faith Effort Statement for Local Hire,” as contained in the Contract Documents.

The Contractor must also complete and submit to the City, on a weekly basis, documentation of local hiring. The certified payroll documents required by the Department of Industrial Relations will be deemed acceptable documentation if the certified payroll documents are accompanied by the form included in the Contract Documents or if certified payroll documents are modified to include the information therein.

17. Apprentice Hiring Records and Compliance Forms
City apprentice requirements do not apply to projects less than one hundred thousand dollars ($100,000) in value.

The Contractor, and all subcontractors, must comply with the apprentice hiring provisions of Chapter 3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires each City Contractor or subcontractor to make a good faith effort to hire an apprentice on the Project who is enrolled in a viable apprentice program. Viable apprenticeship programs are listed on the Division of Apprenticeship Standards (DAS) web site (select Santa Cruz County):
http://www.dir.ca.gov/databases/das/pwaddrstart.asp. The apprenticeship requirement will apply for each apprenticeable craft in which the Contractor employs workers in performing any of the work under the Contract. Attention is also directed to State Labor Code Sections 1777.5 and 1777.6 and California Apprenticeship Council regulations concerning the employment of apprentices by the Contractor or subcontractor.

Chapter 3.10 further requires the maintenance of documents demonstrating that the Contractor has requested an apprentice from a minimum of two viable apprenticeship programs after the Contractor is awarded the Contract and prior to commencing work. Failure to comply with any of the provisions of Chapter 3.10, including the maintenance of the records, will be deemed a breach of the Contract or subcontract and may result in the Contractor or subcontractor being declared “non-responsible” by the City and ineligible for the award of future City contracts. In addition, State Labor Code 1777.5 provides for penalties of up to one hundred dollars ($100) a day for noncompliance.

28.58 GREEN AND WOOD WASTE PROCESSING SERVICES
57 If the Contractor is exempted from the apprentice requirement according to the exemptions described in State Labor Code 1777.5, the Contractor must notify the City in writing of their exemption prior to commencing work and explain the exemption in detail.

Unless exempted, the Contactor will, prior to commencing Work, submit to the City and the appropriate apprenticeship program, a DAS Form 140. The Contractor will submit a copy of the Request for Dispatch of Apprentice Form to the City as evidence that an apprentice was requested.

A Request for Dispatch of Apprentice Form is provided in Section 4 of these Special Provisions.

The request for an apprentice will be made at least two (2) working days before the date on which one or more apprentices are required. These forms are available from the DAS web site (http://www.dir.ca.gov/das/PublicWorksForms.htm ).

18. Section Intentionally Omitted

19. Third Party Claims
Both parties shall timely notify the other of the receipt of any third-party claim relating to the Contract or Project. The City shall be entitled to recover its reasonable costs incurred in providing such notice.

20. Force Majeure
Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder, or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Contract.

21. Contractor Not an Agent
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Contract to bind City to any obligation whatsoever.

22. Conflicts of Interest
Contractor owes City a duty of undivided loyalty in performing the Work and services under this Contract. Contractor covenants (on behalf of Contractor and its employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Contract.

Contractor acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Contractor will immediately advise City if Contractor learns of a conflicting financial interest of Contractor during the term of this Contract.

28.59 GREEN AND WOOD WASTE PROCESSING SERVICES
58 23. City Property
Unless otherwise provided herein, Contractor agrees that all copyrights which arise from creation of Project-related documents and materials pursuant to this Agreement shall be vested in the City and Contractor waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Contract shall be confidential, not to be used by the Contractor on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

24. Equal Employment Opportunity/Non-Discrimination Policies City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. Contractor must comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Contractor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Contractor’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at
http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. [End of Section]

28.60 GREEN AND WOOD WASTE PROCESSING SERVICES
59 TECHNICAL SPECIFICATIONS

28.61 GREEN AND WOOD WASTE PROCESSING SERVICES
60 SECTION 1 – GRINDING GREENWASTE, WOOD WASTE, AND CONSTRUCTION

AND DEMOLITION MATERIAL

1.0 General

WORK INCLUDED
Provide grinding and screening services for the greenwaste, wood waste, and construction and demolition material at least every other month, and possibly once a month.

SUBMITTALS
Not used.

2.0 Materials
The following types of materials may be generated in the grinding and screening process:
 Wood Chips (3 inch minus)
 Mulch ( 3 inch minus)
 Fines (the remaining organic residue and dirt material also known as soil amendment.)  Unprocessed green waste for composting
 Construction and demolition material for daily cover

3.0 Construction Methods

3.1 General
A. The material must be ground to a maximum size of 3-inch minus.

4.0 Measurement and Payment
The contract PER TON price for GRINDING GREENWASTE, WOOD WASTE, AND CONSTRUCTION AND DEMOLITION MATERIAL shall include full compensation for furnishing all labor, tools, equipment, and incidentals and for performing all work involved in grinding and screening the material to the specified size as specified in the Standard Specifications and these Special Provisions, and as directed by the engineer. All other operations incidental to completing the work as represented by the Specifications shall be considered as included in the Contractor’s price.

END OF SECTION 1

28.62 City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Public Works
SUBJECT: FEMA Building Resilient Infrastructure and Communities (BRIC) Grant – Authorization for Application for Grant Funds for Pump Station No. 1 Improvements (PW)
RECOMMENDATION: Resolution authorizing the City Manager to apply for the 2022 Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) Grant for improvements to Pump Station No. 1.

BACKGROUND: The FEMA BRIC program supports communities undertaking hazard mitigation projects, reducing the risks they face from disasters and natural hazards. The City of Santa Cruz (City) is seeking funding to improve Pump Station No. 1 (PS1) located at Laurel St. and Front St. PS1 was originally constructed in 1959 as part of the San Lorenzo River levee system. PS1 provides flood protection to the downtown area and its 250-acre tributary area.

Recent hydraulic modeling completed as part of the City’s ongoing FEMA certification effort indicate PS1 is insufficient in is ability to limit or mitigate flooding in heavy storms. The City’s Local Hazard Mitigation Plan (LHMP) and Climate Adaptation Plan (CAP) considers flooding and severe coastal storms to be a considerable risk to the City and its residents.

The California Governor’s Office of Emergency Services (Cal OES) administers applications from the State of California for the FEMA BRIC program. The City submitted a Notice of Interest to apply to Cal OES on September 27, 2022. On September 29, 2022 the City’s application passed CalOES review and the City has been invited to submit a full proposal due December 2, 2022.

DISCUSSION: For the 2022 FEMA BRIC program, the City plans to apply for funding to make the following improvements:

1. Construct a new, deeper wet well at PS1 to allow pumps to operate earlier and more efficiently.

2. Increase pump capacity at PS1.

3. Install a trash removal system meeting new California requirements specified in the Storm Water State Permit’s Trash Amendment.

4. Construct a new pump station including a new wet well, new pumps, and discharge piping to reduce the flows at PS1. This station will eliminate the need to replace 1,600 feet of 42- and 48- inch diameter pipe leading to PS1 that is currently undersized.

29.1 Additionally, to increase the competitiveness of the City’s application the City is proposing to incorporate nature-based solutions including riparian restoration and repair around the pump station project area, using site fencing to incorporate community art, placing tree wells in adjacent neighborhoods and placing educational placards to increase community engagement with the levee path and river area.

With respect to Health in All Policies, in terms of equity, this project will majorly benefit our low income, disadvantaged neighborhoods and improve opportunities for community building through the art component. This project also will mitigate increased riverine and coastal flooding potential due to climate change, a specific strategy of the CAP. Indirectly, the project reduces adverse impacts to public health and safety, e.g. mold growth in low lying basements that flood.

FISCAL IMPACT: This project estimate of $11 million is 70% federally funded and requires a 30% local match. The local match for the PS1 Improvement Project will come from a combination of the Stormwater Overlay and Enterprise Funds, Cal OES Prepare California funds and partnerships with local developers. There is no impact to the General Fund.

Prepared By:

Katie Stewart
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

29.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

SUBMITTAL OF APPLICATION(S) FOR ALL FEMA BRIC GRANTS FOR WHICH THE

CITY OF SANTA CRUZ IS ELIGIBLE
WHEREAS, the Federal Emergency Management Agency (FEMA) administers the Building Resilient Infrastructure and Community (BRIC) grant program in furtherance of FEMA’s efforts to address future risks of natural disasters including flooding; and WHEREAS, in furtherance of this authority FEMA is required to establish procedure governing the application, awarding and management of the grants; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz authorizes the submittal of application to FEMA BRIC for all grants for which the City of Santa Cruz is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or his/her designee is herby authorized and empowered to execute in the name of the City of Santa Cruz all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grand project; and BE IF FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

PASSED AND ADOPTED this 15th day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

29.3 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Public Works
SUBJECT: Santa Cruz High School Parking (PW)
RECOMMENDATION: Motion to direct staff to continue working with Santa Cruz High School to address weekday parking issues.

BACKGROUND: In the fall 2021 Santa Cruz High School (SCHS) reached out to the City to address parking impacts related to sustained construction activities being performed on the school campus. The construction activities and fencing reduced available parking supply. The City developed and provided a parking supply map around the school campus to help identify locations where students and faculty could park, outside the established Residential Permit Parking Program (RPPP). The current RPPP allows for up to two hours of parking without a permit. With limited parking supply students and faculty began to park in the residential streets and were exceeding the two hour time limit. An increase of citations was noted and SCHS staff reached out again to help address parking concerns.

DISCUSSION: City staff has been in contact with SCHS administration and is looking into potential parking changes. One option under consideration is to permanently adjust the existing RPPP from two to four hours without a permit. This is a formal process that will require substantial staff time with no guarantee of approval. There is a set noticing and appeal procedure.

Ultimately the change would need two-thirds approval of those in the program. A second option to consider, specifically for faculty, is a commuter permit program. That program is limited in supply and may require faculty to park more than one block away. Should the recommended motion carry, other options may present itself as staff would continue to work with SCHS administration to address weekday parking issues.

FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Nathan Nguyen
Assistant Director of Public
Works/City Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

30.1 1
Rosemary Balsley
From: Philip Boutelle <[email protected]>
Sent: Thursday, November 10, 2022 6:18 PM
To: City Council
Subject: 11/15/22 Item 30: Santa Cruz High School Parking (PW) Mayor and Councilmembers,
I'm writing with comments regarding Item 30 on the 11/15/22 agenda, Santa Cruz High School Parking.

Parking is both a supply and a demand issue, and it's important to look at this as an opportunity to explore solutions to both.

On the supply side, parking for students/families and staff is limited at many local schools that have both permitted neighborhood parking and limited site parking, including Santa Cruz High, Mission Hill Middle School, Bay View Elementary, and Westlake Elementary. Opening up use of the neighborhood commuter parking permit option for school faculty and staff is a reasonable solution, and might even reduce pressure to use valuable school property for parking. This is explicitly allowed under municipal code 10.41.105, and should be considered or permitted upon request for all of the above-mentioned impacted schools.

On the demand side, Santa Cruz City Schools District doesn't have a Transportation Demand Program, where they could work with employees and even families on ways to reduce the number of people who drive cars to school.

I think it's reasonable for Council to support this measure and ask staff to continue to work with the school on a supply side solution, and at the same time contact the District and request that they implement a TDM program, so both parking supply and demand can be addressed.

Thank you to Public Works staff for working on this important neighborhood issue. -Phil Boutelle
Chair, Transportation and Public Works Commission
Member, Santa Cruz High School Bond Committee

30.2 City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Public Works
SUBJECT: Downtown Intersection Improvements (c401903) – Concept Striping Plan (PW)
RECOMMENDATION: Motion to approve the concept striping plan for the Downtown Intersection Improvements (c401903) project along Front Street between Laurel Street and Soquel Avenue.

BACKGROUND: The Downtown Plan Amendments (2017) identified deficiencies at three intersections in the cumulative traffic analysis: Pacific/Laurel, Front/Laurel and Front/Soquel.

Since that time, several new developments have been permitted along both sides of the Front Street Corridor, from Soquel Avenue to Laurel Street, and additional redevelopment in the area is in various stages of planning. To ensure that transportation improvements along the Front Street corridor effectively and efficiently serve multiple modes of transportation, a cohesive design is urgently needed.

Timely completion of a Transportation Improvement Plan (TIP) for Front Street will ensure that development projects along the transportation corridor are appropriately designed to interface with the transportation system now and into the future, and that costs are accurately accounted for in their cost share budgets. The TIP is also a critical path need for the Pacific Station North affordable housing mixed-use project, which requires an accurate accounting of traffic intersections and bus movements to complete construction drawings.

DISCUSSION: Public Works and Economic Development are collaborating on the Downtown Intersection Improvements Project (c401903) identified in the FY 2022 Capital Investment Program (CIP) to provide a TIP for Front Street. The team is working closely with various stakeholders to balance diverse transportation needs within the public right-of-way with the logistical and operational challenges raised by the recent wave of mixed-use projects in the area.

There are currently six development projects planned, permitted, or under construction along the Front Street corridor from Soquel Ave to Laurel Street. Together these projects are expected to deliver 852 new housing units, of which 250 units (29.3%) are expected to be deed restricted, below market, affordable housing units. In addition, these projects are expected to deliver about 55,000 square feet (SF) of mixed commercial retail/office, including medical/dental clinics, a new metro transit station, and a riverwalk fronting hotel. New riverwalk fronting recreational facilities and businesses, as well 3 new paseos connecting to the riverwalk and downtown will also increase the movement of people through the Front Street corridor. These projects will

31.1 collectively transform Front Street into a decidedly more urban and connected downtown district. Appropriate transportation infrastructure is needed to accommodate new multi-modal active transportation, as well as automobile and bus movements from the planned Pacific Station Metro Station redevelopment.

In Fall 2021, Kimley-Horn (KH) was contracted by the City to develop construction plans to a 35%, level for the Downtown Intersection Improvements Project. The Downtown Intersection Improvements Project will help coordinate developments cohesively to integrate multi-modal transportation activities along the Front Street corridor. Prior to this contract, KH performed extensive traffic analysis for the Downtown Plan Amendments and developed the cost share formula for traffic improvements provided by private developments along the corridor; cost share, which is now part of the Traffic Impact Fee (TIF) Program adopted on August 24, 2021.

KH also produced a conceptual design for the Front Street corridor, which served as the basis for this project, and included improvements like a Two-Way Left‐Turn Lane now identified in the Local Roadway Safety Plan (LRSP) to maintain transit and downtown access.

As part of this Project, KH evaluated existing conditions and conflicts, as well as development plans for projects along Front Street. Redevelopment of the downtown Metro station into an affordable housing and mixed-use transit center, Pacific Station, will redirect bus travel from Pacific Avenue and transform Front Street into a more intensive downtown transit corridor. To accommodate more intensive transit and multi-modal activity along Front Street, the project will widen the east side of Front Street at Laurel Street and setback left turn pockets on the north leg and west leg of the intersection. This will improve bus turning movements toward UCSC from Pacific Station, one of Metro’s busiest routes.

To address issues that were identified in the City’s General Plan EIR and Active Transportation Plan, the Project also widens the eastbound side of Soquel Avenue at Front Street to potentially accommodate dual left turns, a buffered bike lane, and eastbound bus stop. In the westbound direction, the island and free right turn lane on Soquel Avenue is removed to accommodate a wider sidewalk and dedicated bike lane. Once a concept striping plan is approved, KH will next refine the curb ramps and begin traffic signal design, including the location of traffic signal poles and pedestrian push buttons.

Along with transit efficiency gains, staff has prioritized pedestrian safety and bicycle infrastructure along Front Street together with linkages of paseos between Downtown and the Riverwalk, all consistent with the Downtown Plan. Given limited right-of-way along this corridor and the need to accommodate various users, traffic volumes, and turning movements, the removal of several on-street parking along segments of the corridor is required. The proposed striping plan preserves flexible on-street parking spaces, currently proposed for Pick-up Drop-off (PUDO) only, but which could be modified as conditions warrant (i.e. bike share station) or pursuant to City’s development of a comprehensive curb management plan. Loading and unloading for businesses along the corridor are expected to utilize the PUDO spaces or the twoway left turn lane during designated days and hours.

Completion of the plans and specifications of the Downtown Intersection Improvements project is expected by fall 2023. Implementation will be phased and dependent on when development projects on Front Street are constructed.

31.2 On September 19, 2022, the Transportation and Public Works Commission unanimously recommended that the Council approve the concept plan with considerations of several additions, see meeting minutes. Staff reached out the KH and plans to add continuous bike lane markings through intersections and assess turn striping at Laurel/Front prior to final design. Swapping PUDO and the bike lane was explored and but not supported by Metro as parking movements and car doors would impact flow and bus operations.

Staff recommends that the Council approve of the Downtown Intersection Improvements concept striping plan. This recommendation is based upon the urgency of the development projects currently in design, permitted, and in construction, as well as consistency with adopted policy documents including the General Plan, Downtown Plan, Active Transportation Plan, and Local Roadway Safety Plan.

FISCAL IMPACT: The contract with KH is funded in the FY 2023 CIP, Downtown Intersection Improvements (c401903). Future construction costs for these improvements will be refined as the project progresses and are anticipated to be funded through the TIF, Gas Tax, developer in-kind contributions, and grant funding. There is no impact to the General Fund.

Prepared By:

David McCormic
Asset and Development
Manager
Nathan Nguyen
Assistant Director/City
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONCEPT STRIPING PLAN.PDF

2. SEPTEMBER 19, 2022 TPWC MEETING MINUTES.PDF

31.3 DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAY 138'-5" FRONT ST

LAUREL ST
SOQUEL AVE FRONT ST FRONT ST SANTA CRUZ HOTEL PACIFIC FRONT PACIFIC STATION SOUTH PACIFIC STATION NORTH 418 FRONT ST 530 FRONT ST CITY PARCEL PUDO PUDO CATHCART AVE 418 FRONT ST 418 FRONT ST LOT 7 (POTENTIAL FUTURE FARMER'S MARKET)

MAPLE PASEO MAPLE PASEO
ELM PASEO CATHCART PASEO PUDO 525 FRONT ST 429 FRONT ST 412 FRONT ST 408 FRONT ST 410 FRONT ST NORTH October 25, 2022 GEOMETRIC LAYOUT FRONT STREET ROADWAY IMPROVEMENTS 31.4 September 19, 2022 – Transportation and Public Works Commission Minutes Transportation and Public Works Commission
Regular Meeting
Minutes
6:00 p.m., Monday, September 19, 2022
Zoom Webinar
Call to Order 6:00 P.M.

Roll Call: Chair Philip Boutelle; Vice Chair Ron Goodman; Commissioners: Candace Brown, Kyle Kelley, Ryan Meckel, and Robert Orrizzi
Absent with Notification: Comissioner Zennon Ulate-Crow Absent without Notification: None
Statements of Disqualification: None
Oral Communications: None
At 6:03 P.M. Chair Boutelle opened oral communications. There were not any speakers, so Chair Boutelle closed oral communication at 6:04 P.M.

Announcements:

Nathan Nguyen, Assistant Director of Public Works, gave an update on recruitments for Public Works. He announced a start date for the new Transportation Manager, Matthew Starkey, who will be starting on October 17th, and also that Parking Program Manager position recruitment closes this Thursday, September 29, 2022.

Mark Dettle, Director of Public Works, announced his retirement at the end of this calendar year, and notified the Commission of the survey developed by City Manager that the Commissioners can take to provide their input on important qualities and experience for the next Director.

Presentations: None
Approval of Minutes

1. August 15, 2022 – Transportation and Public Works Commission Draft Minutes MOTION: Commissioner Brown moved, seconded by Vice Chair Goodman, to approve the minutes of the June 27, 2022 Transportation and Public Works Commission meeting with an edit to item #1 to change the motion maker

31.5 September 19, 2022 – Transportation and Public Works Commission Minutes 2 from Commissioner Goodman to Commissioner Brown, and seconder of the motion from Commissioner Brown to Commissioner Goodman.

ACTION: The motion carried with the following vote:

AYES: Vice Chair Goodman, Commissioners: Brown, Kelley, Meckel, and Orrizzi
NOES: None
ABSENT: Commissioner Ulate-Crow
DISQUALIFIED: Chair Boutelle
Consent: None
General Business:

2. Downtown Intersection Improvements – Concept Striping Plan

Nathan Nguyen, Assistant Director of Public Works, gave a presentation on Downtown Intersection Improvements – Concept Striping Plan.

At 7:25 P.M. Chair Boutelle opened Public Comment. There were no speakers and Chair Boutelle closed Public Comment at 7:26 P.M.

MOTION: Vice Chair Goodman moved, seconded by Commissioner Kelley, that the Transportation and Public Works Commission recommend that the City Council approve the Downtown Intersection Improvements – Concept Striping Plan (c401903) project with the following additions:
 Adding a continuous bike lane marking southbound through the Soquel/Front intersection
 Consider a request for continuous bike lanes through all other Front Street intersections
 Consider a request that Kimley Horn explore a plan that swaps the PUDOs with the bike lane
 Cosider a request that Kimley Horn explore a plan option with a 20 MPH design speed
 Consider a request to explore extending the NE Laurel/Front curb with paint indicating that bus-only may make the large-radius turn.

ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners: Brown, Kelley, Meckel, and Orrizzi
NOES: None
ABSENT: Commissioner Ulate-Crow
DISQUALIFIED: None
Informational Items:

31.6 September 19, 2022 – Transportation and Public Works Commission Minutes 3 3. Residential Curbside Food Scrap Collection Program Roll Out Update Leslie O’Malley, Waste Reduction Manager and Manuel Ortiz, Resource Recovery Superintendent gave an update on the roll out of the food scrap collection program, successes, challenges, and other information and fielded questions from the commission.

At 7:54 P.M. Chair Boutelle opened Public Comment. There were no speakers and Chair Boutelle closed Public Comment at 7:55 P.M.

Subcommittee/Advisory Body Oral Reports: None
Items Initiated by Members for Future Agendas:

Commissioner Orizzi requested staff to look into the shared electrical bikes program and see if it had an effect on the number of collisions within the city He requested data on:
 The number of bike-related collisions per year in the city  If there was a noticeable increase in bike collisions when the Jump Bikes where introduced
 If there is data pertaining specifically to e-bike collisions  If bike collisions decreased when the Jump Bikes ceased Adjournment 7:58 P.M.

31.7 City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Water
SUBJECT: Beltz 12 Phase I Ammonia Removal Improvements Project – Approval of CEQA exemption, Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
RECOMMENDATION: Motion to approve the Plans and Specifications for the Beltz 12 Phase I Ammonia Removal Improvements Project (c720203), authorize staff to advertise for bids and the Water Director to execute change orders within the approved project budget, and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

BACKGROUND: Beltz 12 is sited on a City-owned 0.65-acre parcel located near Research Park Drive south of Soquel Drive in the unincorporated portion of Santa Cruz County. This facility was constructed in 2015 and includes a municipal water well and a water treatment plant consisting of an iron and manganese removal pressure filter vessel, two reclaim tanks, a control building housing a chlorine disinfection system and various pipes, appurtenances, and site improvements.

Beltz 12 is an important component in the strategy to shift groundwater pumping inland from the City’s three Live Oak area wells, Beltz Wells 8, 9, and 10. Only operated during the summer, groundwater contributes up to 5% of the City’s water supply during the dry season when flowing sources are diminishing.

After Beltz 12 was placed into service naturally occurring ammonia and hydrogen sulfide were found in the water produced from this well. While the current treatment process can remove low concentrations of ammonia, the facility must be turned off when ammonia levels increase to avoid any potential water quality issues in the water distribution system. Elevated ammonia levels in the distribution system can cause colored water and taste and odor complaints.

DISCUSSION: The Beltz 12 Phase I Ammonia Removal Improvements Project will install a new contact tank, piping, and modify the chlorine injection system to allow the facility to treat higher ammonia concentrations and restore the reliable operation of the treatment plant throughout the dry season. Installed horizontally on a new concrete pad, the new tank is a 41-foot long by 10-foot diameter steel pressure vessel. All improvements will be contained within the existing fenced site.

32.1 The new steel pressure vessel is custom fabricated and has a six-month procurement lead time.

This project was split into two phases so the tank can be incorporated into Beltz 12 for the upcoming groundwater pumping season. The second phase of work includes ongoing evaluations to assess the need for any additional modifications to the Phase I system to ensure water quality and water supply reliability objectives are met.

The project is categorically exempt from further environmental review under the California Environmental Quality Act §15302; a Notice of Exemption will be filed by staff following City Council approval.

FISCAL IMPACT: The engineer’s estimate is $1,000,000 which includes a 10% contingency.

Funds are available in the Water Department Capital Investment Program FY 2023 budget, project c702203 Beltz 12 Ammonia Removal Project. There is no impact to the General Fund.

Prepared By:

Heidi R. Luckenbach
Deputy Director/Engineering
Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

Project bid documents and full size plan can be accessed here:
https://www.cityofsantacruz.com/government/city-departments/water/beltz-12-ammoniaimprovements-removal-project

32.2 City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Water
SUBJECT: Soquel Avenue Water Main Replacement Project – Approval of CEQA Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT)
RECOMMENDATION: Motion to approve plans and specifications for the Soquel Avenue Water Main Replacement Project, authorize staff to advertise for bids, and authorize the Water Director to execute change orders within the approved project budget and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

BACKGROUND: The County of Santa Cruz is preparing to bid and construct the Soquel Drive Buffered Bike Lane and Congestion Mitigation Project (County project). The County project will introduce road surface grade changes and new retaining walls that will require the relocation of above-ground and buried City of Santa Cruz water infrastructure in the vicinity of Harbor High School. After further coordination with the County, and review of record documents, staff determined that the County project presented an opportunity to replace aging infrastructure located on Soquel Avenue and within the vicinity of the County project.

DISCUSSION: The Soquel Avenue Water Main Replacement project will retire approximately 920 linear feet of 6-inch water main and 1,000 linear feet of 14-inch water main, install approximately 1,025 linear feet of new 12-inch water main, reconnect ten water services, and reconfigure the fire service to Harbor High School. Timing the City project ahead of the County project will reduce the construction impacts to the neighborhood and reduce City project costs by avoiding street restoration costs which will be included in the County project’s scope.

The bidding period for this project will occur between November to mid-December 2022.

Construction will begin in January 2023 and is expected to conclude in May 2023. The Engineer’s cost estimate, including a ten percent contingency, is $1,401,576.

The project is statutorily exempt from further environmental review under the California Environmental Quality Act §15282 (k).

FISCAL IMPACT: Funds are available in the Water Department’s Capital Investment Program FY 2023 budget in c700002 - Main Replacements Engineering and c701507 - Main Replacements Distribution. There is no impact to the General Fund.

33.1 Prepared By:

Heidi Luckenbach
Deputy Water Director /
Engineering Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

The Plans and Specs for this project can be found here:
https://www.cityofsantacruz.com/government/city-departments/water/projects-in-yourneighborhood

33.2 City Council

AGENDA REPORT
DATE: 11/02/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Water
SUBJECT: Water Supply Augmentation Strategy, Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 &12, Pueblo Water Resources Professional Service Contract (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute an agreement in the amount of $141,023 with Pueblo Water Resources of Ventura, CA for Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 & 12 in a form to be approved by the City Attorney and authorizing the Water Director to execute amendments within the approved project budget.

BACKGROUND: The Water Department has been implementing the supply augmentation recommendations of the Water Supply Advisory Committee (WSAC) since early 2016. The recommended strategy was developed around the goal to deliver long-term water supply security to the City of Santa Cruz water customers. Water Department staff has concurrently studied and tested the feasibility of all the recommendations of the plan including water transfers and exchanges with neighboring water agencies, aquifer storage and recovery (ASR), desalination, and the use of recycled water. The Water Commission continues in the role of policy-level oversight of the implementation of the agreements and recommendations agreed to in the WSAC final report.

ASR is an approach to groundwater management and supply augmentation where water is injected into the ground from an external source (such as surface water) when it is available and not otherwise needed to meet environmental requirements or customer demands, and later recovered from the ground for supply augmentation. Pueblo Water Resources (PWR) was part of the technical team supporting the WSAC, and their desktop review for the WSAC, which included evaluating both the Santa Margarita and the Mid-County groundwater basins, concluded that each basin shows merit for this type of water supply project and further investigation was warranted to better understand the role ASR might play in water supply planning in Santa Cruz.

The ASR implementation plan developed through WSAC consisted of the following three phases.

Phase 1 – Technical Feasibility Analyses
Phase 2 – ASR Pilot Testing

34.1 Phase 3 – Full-Scale Project Implementation
Phase 1 has been completed in the Mid-County Groundwater Basin. Phase 2 Pilot Testing at Beltz Wells 12 and 8 were conducted from January – July 2019 and March 2020 – June 2021, respectively. Favorable results of the ASR pilot test program support moving forward with ASR demonstration studies at each well. (Pilot testing involves short-duration testing to evaluate any fatal flaws with respect to water quality, geology, or other infrastructure limitations, while a demonstration study mimics full-scale operations but lacks permanent infrastructure. The purpose of the latter is to demonstrate the ability to achieve long-term injection/extraction rates while meeting basin and water quality objectives.)
Year 1 of the ASR Demonstration Studies was conducted from January – August 2022.

DISCUSSION: City staff and PWR agree that additional study of the operational characteristics of Beltz Wells 8 & 12 as full-scale permanent ASR facilities would be beneficial to inform longterm planning for permanent use. The additional information gathered during this second year of the Demonstration Study will be used to further assess the impacts to the distribution and treatment system, along with any operational challenges that might be encountered during fullscale ASR projects at Beltz Wells 8 & 12.

Proposed schedule for Year 2 of the Demonstration Study:
• Site Preparation and Staff Training: November 2022
• ASR Demonstration: November 2022 – September 2023
• Data Analysis and Reporting: Oct 2023 – Dec 2023
Staff recommends continuing with the sole-source contract with PWR. PWR has ongoing work with several agencies in Santa Cruz County performing hydrogeological services and has served as a technical expert to both the Santa Margarita and Mid-County groundwater agencies. Their work with both the City as well as other agencies will benefit the timely implementation of the plan and schedule recommended by the WSAC and approved by the City Council.

FISCAL IMPACT: Funds are available in the Water Department’s Capital Investment Program budget, c702101 – ASR - Mid-County Existing Infrastructure.

Prepared By:

Heidi R. Luckenbach
Deputy Director/Engineering
Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Draft Pueblo Water Resources Agreement

34.2 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 1

PROFESSIONAL SERVICES AGREEMENT FOR
AQUIFER STORAGE AND RECOVERY DEMONSTRATION STUDY IN BELTZ WELL 8 & 12 – WY 2023
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Pueblo Water Resources (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of _____________________, 2022 (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A 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 performing the work, it is necessary to conduct field operations, the security and safety of the Consultant, its employees, and agents at the job site will be the Consultant's responsibility excluding, 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 Rosemary Menard, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City reserves the right to approve Consultant’s workwill be the sole judge of acceptable work, provided that such approval which will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

34.3 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $137,948.00 without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices must include: Period worked (dates), hours worked per period, rate per hour, and itemized expenses with receipts. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify, ,[or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments represents services provided is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses. The total fees and costs of Consultant’s expenses shall not exceed the amount described in the Fee Schedule, Exhibit B.

Consultant will be reimbursed at the Per Diem rate of $150/day which includes all meals, lodging, and incidentals. Receipts are required for reimbursement.

34.4 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 3
Consultant will be reimbursed for vehicle use on travel days at the rate of $75/travel day. Evidence of automobile liability insurance meeting the City’s requirements must be provided. Maps showing starting point, City work location, and total miles are required for reimbursement.

Travel expenses not listed or checked above will not be reimbursed. Travel reimbursements are paid after the completion of travel. There are no travel advances.

Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant. The City of Santa Cruz has the sole discretion to deny any Consultant proposed reimbursable expense the City has determined to be excessive or an inappropriate use of public funds.

SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City. If any changes or modifications to Consultant’s scope of services are proposed by City, Consultant shall, upon receipt of such written change or modification, determine the impact on both time and compensation and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City and signed by Consultant.

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.

The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement unless Consultant is delayed due to causes beyond Consultant’s reasonable control. The Parties therefore agree that time is of the essence in the performance of this Agreement.

34.5 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 4
SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The Consultant may terminate the Agreement for cause by providing written notice to the City not less than 30 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within the specified time period to the City’s satisfaction.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by City and performed by Consultant up to, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date in accordance with Section 14, paragraph 8 of this Agreement. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City to the extent that Consultant has been found legally liable for such cost(s). Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to negligent failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined.

After the effective date of termination, Consultant will have no further claims against the City under the Agreement.

No other compensation will be payable for anticipated profit on unperformed services.

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit C. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or reasonable expense, including reimbursement of reasonable attorneys’ fees and costs (“Losses”) to the extent found to be caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees or the negligence or operations of any third party. Consultant’s obligation to defend shall not arise at the beginning of a claim or allegation, but Consultant agrees to reimburse reasonably incurred

34.6 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 5
defense costs as part of City’s total damages in proportion to Consultant’s determined percentage of fault as set forth in California Civil Code section 2782.8 as it is written as of the date of this Agreement regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

SECTION 12: 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 attorneys’ fees as part of prevailing party’s attorney’s fees as determined by a court of competent jurisdiction in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, 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 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’s authorized representative. 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 Exhibit A.

Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance, or City shall have the right to terminate this Agreement. Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

34.7 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 6

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

3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement.

Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City in accordance with this Section 8. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason subject to Consultant’s receipt of payment of undisputed amounts for services rendered under this Agreement up to the date of completion or termination. Notwithstanding anything to the contrary in this Agreement, City agrees that the Consultant’s drafts or final documents prepared under this Agreement and all copyrights, if applicable, shall become the property of City. Under no circumstances shall the transfer of ownership of Consultant's documents be deemed a sale by Consultant, and Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose other than as specified in this Agreement. Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City in accordance with this Section 8 and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall

34.8 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 7
be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.

9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or reasonable expenses (including reimbursement of reasonable attorneys’ fees and costs) to the extent found to be arising out of a claim of Consultant’s infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement The obligation to defend shall not arise at the beginning of a claim or allegation, but Consultant agrees to reimburse reasonably incurred defense costs as part of City’s total damages in proportion to Consultant’s determined percentage of fault as set forth in California Civil Code section 2782.8 as it is written as of the date of this Agreement regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and

34.9 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 8
Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

d. Consultant shall defend, indemnify, and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, unless otherwise stated herein. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12 month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant.

Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations in effect at the time Consultant’s services are rendered under this Agreement. Consultant further agrees to comply with the covenant

34.10 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 9
of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor..

14. Business License Tax. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.

15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this

34.11 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 10
Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy that there may be an equitable adjustment of the schedule based on City’s sole discretion.

20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise

34.12 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 11
stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.

24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. pre-paid certified Mail, return-receipt requested, in which case notice shall be deemed received delivered on the date of receipt, in fact second business day after the deposit thereof with the U.S. Postal Service, Notices shall be addressed to recipient as follows:

To CITY:

City of Santa Cruz Water Department
Rosemary Menard, Water Director
212 Locust St, Suite A
Santa Cruz, CA 95060
[email protected]
To CONSULTANT:

Pueblo Water Resources
Robert C. Marks, Principal Hydrogeologist
4478 Market St, Suite 705
Ventura, CA 93003
[email protected]
A Party must provide written notice to the other of any change to the above information before the change is effective.

27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

34.13 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 12
NOTE: *NEED 2 SIGNATURES FROM CORPORATE OFFICERS: 1) PRES/VP; AND 2)SECRETARY/CFO/ TREASURER

1. Check if corporate entity is in good standing on CA Secretary of State website:
https://www.secstates.com/CA_California_Secretary_of_State_Corporation_Search#:~:text=Corporation%20%26%20Busine ss%20Entity%20Search,where%20that%20corporation%20is%20registered.

2. Corporation - Signature of two (2) officers required: 1) Pres/VP; and 2)Secretary/CFO/Treasurer (unless 1 person holds two officer positions in both categories (1) and (2)

3. General Partnership, Limited Partnership, Limited Liability Partnership, Limited Liability Corp:

See, City’s Signature Requirements for corporate entities.

Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ Technical Review By:

By: _____________________________ Date: __________________ Heidi R. Luckenbach, Deputy Water Director/ Engineering Manager

WATER DEPARTMENT
By: _____________________________ Date: __________________ Rosemary Menard, Water Director

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________

34.14 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 13
EXHIBIT A: SCOPE OF WORK & WORK SCHEDULE
[EXHIBIT ON FOLLOWING PAGE]

34.15 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 14
EXHIBIT B: FEE SCHEDULE
[EXHIBIT ON FOLLOWING PAGE]

34.16 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 15
EXHIBIT C: INSURANCE REQUIREMENTS
[EXHIBIT ON FOLLOWING PAGE]

34.17 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 16
EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave, Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $5,000,000 PER OCCURRENCE; $5,000,000 AGGREGATE Proof of coverage for $5 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
• PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

34.18 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 17
• AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability

• CONTRACTORS’ POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL andpolicy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s General Liability and Automobile Liability insurance coverage will be primary and non-contributory insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following

34.19 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 18
form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No General Liability or Automobile Liability insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or 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.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL and CPL Policies and any Excess Liability/Umbrella policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

E. SPECIAL RISKS/CIRCUMSTANCES

34.20 City of Santa Cruz Professional Services Agreement for ASR Demonstration Study in Beltz Wells 8 & 12 – WY 2023 October 2022 Page 19
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

34.21 ORDINANCE NO. 2022-13

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING TITLE 18 OF THE SANTA CRUZ MUNICIPAL CODE, ADOPTING CALIFORNIA CODE OF REGULATIONS TITLE 24 BUILDING STANDARDS CODE
WHEREAS, the City of Santa Cruz (“City”) proposes to adopt and incorporate by reference the 2022 edition of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12 including referenced appendices (“Building Standards Code”), amendments and modifications; and WHEREAS, the City proposes to make certain changes in the requirements of the 2022 Building Standards Code, which will make certain parts the City’s Building Standards Code more restrictive than state law; and
WHEREAS, the City Council finds that in order to best protect the health, safety, sustainability and welfare of the residents of the City of Santa Cruz, the administrative regulations adopted herein and hereinafter referred to as the “administrative provisions” and the building standards for building construction, hereinafter referred to as the “technical codes,” and also known as the 2022 Edition of the California Building Standards Code and the California Code of Regulations, Title 24, including Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12, shall be adopted as provided herein; and
WHEREAS, based on the materials presented by and the recommendations of the city’s building official, the city council finds that it is necessary to make procedural and administrative modifications and changes to the California Building Standards Code and to adopt certain appendices to the California Building Standards Code as specifically adopted in this ordinance, to provide more efficient, economical and expeditious enforcement of the building standards of the City of Santa Cruz; and
WHEREAS, the City Council further finds and determines that pursuant to Health and Safety Code Sections 13143.5,17958, 17958.5, 17958.7 and 18941.5 the substantive amendments to California Building Standards Code, which are adopted by this chapter, are reasonable and necessary because of local climatic, geographical, or topographical conditions and do not lessen, diminish, or change the standards set forth within the California Building Standards Code except as authorized by law; and
WHEREAS, this code is adopted pursuant to the authority granted by Section 7 of Article XI of the California Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws.

It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference; and

35.1 ORDINANCE NO. 2022-13
2 WHEREAS, pursuant to Health and Safety Code Section 18909(c), certain “administrative provisions” adopted by this chapter are procedural and administrative in nature and are not ubject to the requirements of findings pursuant to Sections 17958.5, 17958.7 and 18941.5; and WHEREAS, the City Council hereby finds that the City's topography and terrain contain areas which are very susceptible to wildland fires, having a local climate characterized by hot, dry summers with periodic high winds which are a predominate factor in the spread of fire by burning embers that are carried by the wind to adjacent exposed areas. This is further compounded by agricultural and recreational use of lands contained within the City, as well as the open space, brush and hills that are part of and immediately adjacent to the City. These topographic and climatic conditions impact the City’s built environment, operations, public services and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical; and
WHEREAS, earthquake activity represents significant potential hazards which could result in road closures, loss of housing, fires, injuries, collapsed buildings, and isolation of persons requiring assistance. Additionally, soil conditions within the City are such that liquefaction may occur during seismic activity, creating the potential for structure collapse or mudslides. There are only a limited number of thoroughfares through the City, and during periods of traffic congestion resulting from roadway obstructions, emergency services response times are increased. The City is comprised of a relatively large number of historically significant buildings which contain archaic materials and designs which present unique safety, remodeling and upgrading problems due to their age and proximity to earthquake faults; and
WHEREAS, the proximity to major earthquake faults represents a geologic hazard that could significantly impact the public and City’s occupants, City operations, public services, infrastructure, its housing, emergency services and its economic well-being in such a way that the potential hazards should be mitigated through appropriate amendments to the construction codes where practical; and
WHEREAS, due to the elevation of the City in relation to sea level and periodic storms resulting in significant rainfall, flooding during the rainy season often restricts traffic, has a detrimental effect on structures, housing and their occupants and can impair emergency services’ ability to respond to life threatening emergencies. These geologic and climatic conditions impact the public and the City’s operations and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical; and WHEREAS, other than the adoption of the State mandated codes, the changes to Title 18 adopted by this ordinance reflect the clean-up of language, grammar, and code revisions needed to maintain current provisions as these new codes are incorporated.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
(NOTE: Those sections of Title 18 not included in this exhibit remain in force unchanged.)

35.2 ORDINANCE NO. 2022-13
3 Section 1. Chapter 18.04 “Building Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.04.030 “Adoption of Codes” to read as follows:

18.04.030 ADOPTION OF CODES.

Subject to the modifications and deletions set forth in Section 18.04.040 and by the State of California Building Standards Commission, the following documents are hereby adopted as part of the Building Code of the city of Santa Cruz:

California Code of Regulations Title 24 (hereafter CCR T 24), Part 1, The 2022 California Administrative Code;
CCR T 24, Part 2, Volumes 1 and 2, The 2022 California Building Code, including Appendices H, I, and P except as modified herein (hereafter CBC);
CCR T 24, Part 2.5, The 2022 California Residential Code, including Appendices AH, AK, AQ, and AX, except as modified herein (hereafter CRC);
CCR T 24, Part 6, The 2022 California Energy Code, except as modified herein (hereafter CEnC);
CCR T 24, Part 10, The 2022 California Existing Building Code, except as modified herein (hereafter CEBC);
CCR T 24, Part 11, The 2022 California Green Building Standards Code, except as modified herein (refer to Chapter 24.15, Green Building Regulations); CCR T 24, Part 12, The 2022 California Referenced Standards Code; The Uniform Administrative Code, 1997 Edition, for the purpose of maintaining and administering the existing fee structure, except as modified herein (hereafter UAC); The Uniform Housing Code, 1997 Edition, except as modified herein (hereafter UHC); The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, except as modified herein (hereafter UCADB);
One copy of each of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 2. Chapter 18.04 “Building Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.04.040 “Building Code – Deletions and Modifications” to read as follows:

35.3 ORDINANCE NO. 2022-13
4 18.04.040 BUILDING CODE – DELETIONS AND MODIFICATIONS.

The following sections of the codes as adopted in Section 18.04.030 are hereby modified as follows:

Add sentence to CBC Sections 1.8.8.1 and 1.11.2.5, and CRC Sections 1.8.8.1 and R112.1:

Refer to Santa Cruz Municipal Code (hereafter SCMC) Chapter 18.41, board of building and fire appeals.

Add sentence to CBC Section 1804 after the section heading:

Refer to SCMC Chapter 18.45, excavation and grading regulations.

Add sentence to CRC Section R313:

Refer to SCMC Title 19, Fire Prevention Code.

Add sentence to CBC Sections 2211.1.1.2, and 2305.1 to read as follows:

Gypsum board sheathing shall not be permitted to resist horizontal forces in shear walls.

Modify CBC 1705.3 Exception 1 to read as follows:

Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pound per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.

Table 2308.6.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:
1) The title of Table 2308.6.1 is amended to read:

TABLE 2308.6.1a, f, g
2) Footnotes “f” and “g” are added to TABLE 2308.6.1, to read:
f. Methods PBS, HPS and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:

35.4 ORDINANCE NO. 2022-13
5 1) The title of Table R602.10.3(3) is amended to read:

CRC Table R602.10.3(3)i, j
2) Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

CBC Section 406.3.2.1 is hereby amended to insert a sentence after the second sentence of the paragraph to read as follows:

Gypsum board applied to the garage side shall be suitably fire taped and have the nail heads spotted with taping compound.

Modify the third sentence of CRC Section R302.6 to read:

Attachment of gypsum board shall comply with Table R702.3.5; gypsum board applied to the garage side shall be suitably fire taped and have the nail heads spotted with taping compound.

CRC Section R302.5.1: delete exception.

CBC Section 1505 is hereby amended to add Section 1505.0 as follows:
1505.0 Class “C” wood, and non-rated wood roofs prohibited. No Class “C” wood, or nonrated wood roof covering shall be installed on any new or existing building or structure.

Any reference, table, footnote, or exception allowing Class “C” wood, or “N", or nonclassified wood roofing in this code is hereby amended to read as Class “B”. Any qualified historical building or structure as defined in Health and Safety Code Section 18955 may utilize alternative roof classifications as provided by the State Historical Building Code.

Where Title 19 of the SCMC and/or State standards identify conflicting Wildland/Urban Interface requirements in this jurisdiction, the most restrictive shall apply.

Add CRC Section R902.0:

Refer to city amended CBC Section 1505 for local requirements.

CBC Section 1512 is hereby amended to add Section 1512.0, as follows:
1512.0 Overlay on Existing Wood Roofs or Asphalt Shingle Roofs. Re-roofing over Class “C” wood or non-rated wood shakes and wood shingles is prohibited. When a roof has one

35.5 ORDINANCE NO. 2022-13
6 or more layers of roof covering, any layer of which is wood shake or wood shingle, all built-up roof covering shall be completely removed before applying a new roof covering without exception (unless specifically provided for in SCMC Title 18).

CBC Section 1512.1 is hereby amended to add Exception 3, as follows:

3. Minor Work on Existing Wood Roofs. The requirements of Section 1511 shall not apply when an existing building or structure with a wood roof covering is subject to roof installation, addition, repair, alteration or replacement of less than 25% of the existing building or structure's wood roof-covering area, accumulated over the life of the building, commencing on or after the official date of this ordinance. In such circumstances, wood roof coverings with a CSFM listed rating may be used, provided the completed roof assembly complies with all other provisions of this code. For the purpose of this ordinance, 25% of the wood roof covering area shall be calculated from the area of wood roof covering existing on the effective date of this ordinance.

CBC Section 1405 is hereby amended to add to Section 1405.1 a second paragraph, as follows:
1405.1 Shingles or Shakes. A minimum Class “B” Listing by a manufacturer acceptable to the Fire Marshal or the Chief Building Official shall be required for all wood shingles or shakes, and other shingles or shakes that may be used for exterior wall covering referred to elsewhere in this code. No Class “C” wood and non-rated wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure.

Wood shingles shall meet the minimum thickness requirements of Table 1404.2.

CBC Section 1405 is hereby amended to add an additional exception to Section 1405.1 as to read as follows:

Exception: Existing Wood Exterior Repairs or Installations of less than 25%. The Class “B” requirements of this section shall not apply when an existing building or structure with wood shake or wood shingle exterior wall covering is subject to installation, addition, repair, alteration or replacement of less than 25% of the existing building or structure's wood shake or wood shingle exterior wall covering area accumulated over the life of the building commencing on or after the effective date of this ordinance. For the purposes of this code, 25% of the area of wood exterior wall covering shall be calculated from the area of the wood exterior wall shake or wood shingle covering existing on the effective date of this ordinance.

Add sentence to CRC Section R703.6:

Refer to city amended CBC Sections 1405 for requirements.

The UAC Chapter 1 and the CBC Chapter 1, Division II shall have the following inserted under their respective headings to read as follows:

35.6 ORDINANCE NO. 2022-13
7 The 1997 Uniform Administrative code (UAC) shall be used for the purpose of maintaining and administering the existing fee structure as established in the UAC or adopted by the City of Santa Cruz as authorized by the UAC. The California Building Code Chapter 1, Division II shall be used in its entirety, as applicable, for the administration of the building standards codes for all buildings, structures and equipment in the City of Santa Cruz, except as modified in SCMC Title 18.

CBC Section 105.1, insert second paragraph to read as follows:

Except as specified in Section 105.2, no building, structure or building service equipment regulated by this code and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the building official.

CBC Section 105.2 is hereby amended to add the following modification to exemption No. 1 and to add exemption No. 14:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11m2). Exempted structures shall not be placed within six feet of each other or any other permanent structure and shall comply with local zoning requirements for setbacks and maximum number of structures allowed.

14. Decks and platforms that meet all the following criteria:
a) Are not more than 200 square feet in area, and
b) are not more than thirty inches above the adjacent grade at any point within the area of the deck and 36 inches beyond the edge of the deck, and c) are not attached to a building or structure, and
d) do not serve as part of a required exit or means of egress, and e) are not located over a basement or story below.
(Decks serving common areas in multi-family residential construction and all commercial decks are not exempted by this section.)
CRC Section 105.2 Exemption 1 shall be modified as follows:

In Exemption 1, add a second paragraph stating: Exempted structures shall not be placed within six feet of each other or any other permanent structure and shall comply with local zoning requirements for setbacks and maximum number of structures allowed.

35.7 ORDINANCE NO. 2022-13
8 CBC Section 107.2.3 shall strike reference to R-2 and I-1 occupancies with the second sentence to read as follows:

In other than occupancies in Group R-3, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

CBC Section 110.1, insert second paragraph to read as follows:

A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.

CBC Section 112, add Section 112.4 to read as follows:
112.4 Connection after Order to Disconnect. Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

Add sentence to CBC Section 113.1:

Refer to SCMC 18.41, Board of Building and Fire Appeals.

CRC Table R301.2 shall be populated with the following criteria as established by the city of Santa Cruz, using criteria published in the CRC where applicable:

WIND DESIGN SUBJECT TO DAMAGE FROM GROUND
SNOW
LOAD
(PSF)
Ultimate
Speed
(mph)
Topographic
effects
Special
wind
region
Wind
borne
debris
zone

SEISMIC
DESIGN
CATEGORY Weathering Frost line
depth Termite
0 110 No No No D2
Negligibl
e
12 inches
below undisturbed
soil
Very
Heavy

WINTER DESIGN
TEMP

ICE BARRIER
UNDERLAYMENT REQ’DFLOOD HAZARDS
AIR

FREEZING
INDEX
MEAN
ANNUAL
TEMP
40 F No
5/16/2012 FIRM 06087C:

Panels 214E, 218E, 219E,
238E, 327E, 331E, 332E,
351E;
9/29/17 FIRM 06087C:

Panels 329F, 333F, 334F, 353F
0 55 F
Replace Manual J Design Criteria Table with the following:

35.8 ORDINANCE NO. 2022-13
9 MANUAL J DESIGN CRITERIA
Elevation
Altitude
Correction
Factor
Coincident Wet
Bulb
Indoor Winter
Design Relative
Humidity
Indoor Winter
Design Dry-bulb
Temperature
Outdoor Winter
Design Dry-bulb
Temperature
Heating
Temperature
Difference ()
125 ft 1.00 61 50% 70 38 32
Latitude Daily Ranger
Summer Deign
Gains
Indoor Summer
Design Relative
Humidity
Indoor Summer
Design Dry-bulb
Temperature
Outdoor Summer
Design Dry-bulb
Temperature
Cooling
Temperature
Difference ()
37 H -1 @ 50% RH 50% 75 71 4
CBC Chapter 7A and CRC Section R337 shall have advisory text added under its heading, as follows: See SCMC 19.05.270 for additional requirements.

UHC Section 401, Nuisance, is hereby amended by adding item 9 to read:

9. Any residential property upon which a person or persons conducts activities, accumulates materials, or fails to maintain structures and grounds to a degree, which by common standards, is disruptive and/or damaging to general welfare, peace and sanctity of the surrounding neighborhood.

UHC Section 103 and UCADB Section 102.2 shall have the following paragraph added, to read as follows:

Where reference is made to any code or standard, the most relevant code(s) and/or standards(s) as currently adopted in SCMC Title 18 shall be used. Where conflict may occur between other provisions of the Santa Cruz Municipal Code and this Title 18, Title 18 shall govern.

Section 3. Chapter 18.08 “Electrical Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.08.030 to read as follows:

18.08.030 ADOPTION OF THE ELECTRICAL CODE.

The following documents are hereby adopted as part of the Electrical Code of the city of Santa Cruz:

CCR T 24, Part 3, The 2022 California Electrical Code, except as modified herein (hereafter CEC).

One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

35.9 ORDINANCE NO. 2022-13
10 Section 4. Chapter 18.12 “Plumbing Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.12.030 to read as follows:

18.12.030 ADOPTION OF THE PLUMBING CODE.

The following documents are hereby adopted as part of the Plumbing Code of the city of Santa Cruz:

CCR T 24, Part 5, The 2022 California Plumbing Code, including Appendices A, B, D, H, I, and J, except as modified herein (hereafter CPC).

One copy of the above documents is and shall be maintained on file in the office of the building official for use and examination by the public.

Section 5. Chapter 18.14 “Mechanical Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.14.030 to read as follows:

18.14.030 ADOPTION OF THE MECHANICAL CODE.

The following documents are hereby adopted as part of the Mechanical Code of the city of Santa Cruz:

CCR T 24, Part 4, The 2022 California Mechanical Code, including Appendices B and C, except as modified herein (hereafter CMC).

One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 6. Chapter 18.40 “Historical Building Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.40.030 to read as follows:

18.40.030 ADOPTION OF HISTORICAL BUILDING CODE.

The following documents are hereby adopted as part of the Mechanical Code of the city of Santa Cruz:

CCR T 24, Part 8, The 2022 California Historical Building Code (hereafter CHBC) is hereby adopted as part of the Historical Building Code of the city of Santa Cruz. One copy of the CHBC referred to above shall be maintained on file in the office of the building official, for use and examination by the public.

Section 7. Chapter 18.40 “Historical Building Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.40.050 to read as follows:

35.10 ORDINANCE NO. 2022-13
11 18.40.050 AMENDMENTS TO THE CHBC.

To the extent required by law, the CHBC adopted by the state of California and becoming effective after January 1, 2023, shall be effective in the city of Santa Cruz. To the extent authorized by law, the city of Santa Cruz shall have the authority to adopt ordinances pertaining to historical building which vary from the CHBC or impose requirements in addition to those imposed by the CHBC.

This ordinance shall be in force and take effect thirty (30) days after its final adoption but not prior to January 1, 2023.

PASSED FOR PUBLICATION this 25th day of October 2022, by the following vote:

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

35.11 ORDINANCE NO. 2022-13
12 PASSED FOR FINAL ADOPTION this 15th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonya Brunner, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the
above and foregoing
document is the original of
Ordinance No. 2019-13 and
that it has been published or
posted in accordance with
the Charter of the City of
Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

35.12 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

November 9, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 9th day of November, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

35.13 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 7th day of November, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-13, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—12.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 7th day of November, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

35.14 ORDINANCE NO. 2022-14
AN ORDINANCE OF THE CITY OF SANTA CRUZ TO (1) AMEND SANTA CRUZ MUNICIPAL CODE CHAPTER 19.05 TO ADOPT AND INCORPORATE BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND MAKE OTHER AMENDMENTS; AND (2) AMEND SANTA CRUZ MUNICIPAL CODE CHAPTER 19.10 WHEREAS, the City of Santa Cruz (“City”) proposes to adopt and incorporate by reference the 2022 edition of the California Fire Code and Fire Code Standards, including annual supplements and State amendments and errata; and
WHEREAS, the City proposes to make certain changes in the requirements of the 2022 California Fire Code, which will make certain parts the City’s Fire Code more restrictive than state law; and
WHEREAS, California Health and Safety Code Section 17958.7 requires the Santa Cruz City Council make express findings that changes or modifications to the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922 (including, but not limited to, green building standards) are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Section 17958.7 further requires that a copy of the above referenced findings “together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission”; and
WHEREAS, the Santa Cruz City Council finds that the proposed amendments to Santa Cruz Municipal Code (SCMC) section 19.05.190, adding turning radius requirements in Section 503 of the California Fire Code, do not conflict with the California Fire Code and only serve to clarify the specific requirements; and
WHEREAS, the Santa Cruz City Council further finds the proposed addition of SCMC

19.05.235, removing the California Fire Code’s exemption to the Fire Sprinkler coverage requirements for Hotels and Multi-residential occupancies establishes a more restrictive local provision and does not conflict with the California Fire Code; and WHEREAS, the Santa Cruz City Council finds that all remaining changes shown in the proposed ordinance are necessary for administrative clarification and do not modify the California Fire Code; and
WHEREAS, Santa Cruz City Council hereby approves all of the below-noted additions, amendments and deletions to the following chapters of the 2022 California Fire Code: Chapter 1, 2, 3, 4, 5, 9, 11, 39, 49, and 90. The below-noted modification have been proposed by the Santa Cruz Fire Department, in consultation with the City Attorney’s Office; and

36.1 ORDINANCE NO. 2022-14
2 WHEREAS, Staff is directed to file a copy of the findings included in this Ordinance with the California Building Standards Commission pursuant to California Health and Safety Code Section 17958.7.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1: Recitals Incorporated
The recitals set forth in the preamble of this Ordinance are hereby incorporated into this Ordinance as if fully set forth herein.

SECTION 2: 2022 Edition of the California Fire Code Adopted The City of Santa Cruz hereby adopts the 2022 edition of the California Fire Code (including Appendix Chapters B, BB, C, CC, D, O), as the Fire Code of the City of Santa Cruz. The 2019 edition of the California Fire Code shall no longer be in force and effect.

The City of Santa Cruz also adopts local amendments to 2022 edition of the California Fire Code, as set forth in this Ordinance and the Santa Cruz Municipal Code.

SECTION 3: Amendments to Portions of Santa Cruz Municipal Code Chapter 19.05 A. Section 19.05.010 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.010 CALIFORNIA FIRE CODE ADOPTED
The City of Santa Cruz hereby adopts the 2022 edition of the California Fire Code with local amendments, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Santa Cruz; providing for the issuance of permits and collection of fees therefor.

The City Council of the City of Santa Cruz does ordain that a certain document published by the International Code Council and marked and designated as the California Fire Code, 2022 edition (including Appendix Chapters B, BB, C, CC, D, O) (the document may be hereafter referred to as “the Fire Code”) is hereby adopted as the Fire Code of the City of Santa Cruz, in the State of California. Three (3) copies of the Fire Code shall be kept file in the office of the Santa Cruz City Clerk of the City of Santa Cruz.

The Fire Code regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the storage, the handling and use of hazardous substances, materials and devices, and the issuance of permits and collection of fees therefor. Each and all of the regulations,

36.2 ORDINANCE NO. 2022-14
3 provisions, penalties, conditions and terms of said Fire Code on file in the City Clerk’s office of the City of Santa Cruz are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance.

The City Council also adopts local amendments, additions, insertions, and deletions to the Fire Code, as forth in this Chapter.”
B. Section 19.05.050 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.050 SECTION [A] 108.1 IS ADDED– INSPECTION AUTHORITY Section [A] 108.1 of Chapter 1 of the Fire Code of the City of Santa Cruz is added to read as follows:
[A] 108.1 – Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code.”
C. Section 19.05.060 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.060 SECTION [A] 109.6 IS ADDED– OVERCROWDING
Section [A] 109.6 of Chapter 1 of the Fire Code of the city of Santa Cruz is added to read as follows:
[A] 109.6 – Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.” D. Section 19.05.070 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.070 SECTION [A] 112.4 IS ADDED– VIOLATION PENALTIES.

Section [A] 112.4 of Chapter 1 of the Fire Code of the city of Santa Cruz is added to read as follows:
[A] 112.4 – Violation Penalties. Unless otherwise specified, persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

36.3 ORDINANCE NO. 2022-14
4 Acts identified as infractions are not punishable by imprisonment. Every violation of this code determined to be an infraction is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within one year.

The fines identified above are those fines that are within the City’s control. Note that the County of Santa Cruz Superior Court adds additional fees and costs on top of the City’s infraction fines.

A person charged with an infraction is not entitled to a trial by jury. A judgment that a person convicted of an infraction be punished by fine may also provide for the payment to be made within a specified time or in specified installments, contingent upon the person giving his written promise to either pay the fine as provided or to appear in court on the due date. Any person who willfully violates any such written promise is guilty of a misdemeanor. Nothing contained herein shall be deemed to limit the City’s authority to enforce the provisions of this Chapter pursuant to any other authority specified in the municipal code, or any other applicable state law.” E. Section 19.05.080 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.080 SECTION [A] 112.4.1 AMENDED AND 112.4.2 ADDED—ABATEMENT OF VIOLATION; FAILURE TO COMPLY.

Section [A] 112.4.1 of Chapter 1 of the Fire Code of the city of Santa Cruz is hereby amended and Section 112.4.2 is hereby added to read as follows:
[A] 112.4.1 –Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about a premises.
112.4.2– Failure to comply. It is unlawful for any person, firm or corporation to violate or fail to comply with any lawful order of the fire code official; fail to comply with an order by the Board of Building and Fire Appeals; or, fail to comply with an order of the court of competent jurisdiction within the time fixed therein. Every such violation shall be deemed a misdemeanor and shall be punishable by a fine of not more than $500.00 plus court assigned fees or by imprisonment not exceeding 1 year in the county jail, or both such fine and imprisonment.” F. Section 19.05.090 of the Santa Cruz Municipal Code is amended to read as follows:

36.4 ORDINANCE NO. 2022-14
5 “19.05.090 SECTION 202 IS AMENDED – GENERAL DEFINITIONS.

Section 202 of Chapter 2 of the Fire Code of the city of Santa Cruz is hereby amended as follows:

A. “Driveway” is added after “Draft Stop” to read as follows:

DRIVEWAY is vehicular ingress and egress routes that serve no more than 2 residential buildings or structures, not including accessory structures, on one parcel, containing no more than 3 dwelling units.
(a) All driveways shall provide a minimum unobstructed width of 12 feet and minimum unobstructed vertical clearance of 15 feet. Exception: Driveways serving parcels which are not considered a flag lot by the City Planning Department may be 10 feet wide when approved by the Fire Code Official.
(b) All curb cuts at entrances to driveways or other private ways shall be of sufficient width to permit safe travel by emergency vehicles at all times of the year. (c) Turnouts shall be designed and constructed every 400 feet along the driveway’s length or at the midpoint when the driveway is over 400 but not more than 800 feet in length. (d) A turnaround shall be provided at all building or structure sites on driveways over 300 feet in length and shall be at 50 feet from the structure. Fire vehicle access road turnaround shall meet minimum requirement provisions listed in the 2022 California Fire Code Appendix D.
(e) In addition, where applicable, all driveways shall conform to N.F.P.A. Standard 1141, the standard for planned building groups.

B. “Imposed Loads” is added after “Impairment Coordinator” to read as follows:

IMPOSED LOADS OF APPARATUS is a minimum of 40,000 pounds for a fire engine and 75,000 pounds for an aerial ladder fire truck.

C. “State Responsibility Area (SRA)” is added after “State-Owned/Leased Building” to read as follows:

STATE RESPONSIBILITY AREA (SRA) shall mean lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 to 4127; and the California Code of Regulations, Title14, Division 1.5, Chapter 7, Article 1, Sections 1220- 1220.5 where the financial responsibility of preventing and suppressing forest fires is primarily the responsibility of the State of California.” G. Section 19.05.100 of the Santa Cruz Municipal Code is amended to read as follows:

36.5 ORDINANCE NO. 2022-14
6 “19.05.100 SECTION 304.1.2 IS AMENDED – VEGETATION.

Section 304.1.2 of Chapter 3 of the Fire Code of the city of Santa Cruz is amended to read as follows:
304.1.2 – Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

Vegetation clearance requirements in urban-wildland interface areas shall be maintained around and adjacent to buildings and structures in accordance with California Code of Regulations, Title 19, Division 1, Section 3.07(b) Clearances, 2022 California Fire Code Chapter 49, Public Resources Code Section 4291 requirements and the following: A firebreak shall be made by removing and clearing away, for a distance of not less than 30 feet on each side of the building or structure or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any building or structure.

When required by state law, or local ordinance, rule or regulation, an additional fire protection zone or firebreak may be made by removing all brush, flammable vegetation, or combustible growth that is located within 100 feet from the building or structure or to the property line. This section does not prevent an insurance company that insures a building or structure from requiring the owner of the building or structure to maintain a firebreak of more than 100 feet around the building or structure. Grass and other vegetation located more than 30 feet from the building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. This does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure.

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city shall permit weeds to remain upon said premises or public sidewalk, or street or alleys between said premises and the centerline of any public street or alley after May 15th.

Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, the chief of the fire department shall give notice to the owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city, that unless such nuisance be abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the city authorities, and the cost thereof assessed upon the lots and lands from which weeds shall have been destroyed or removed.

Method of Abatement
(a) The chief of the fire department shall cause weeds to be abated through mowing, cutting, disking, removal or any other approved method except spraying.

36.6 ORDINANCE NO. 2022-14
7 (b) When the chief determines that total removal of weed growth is impractical due to size or environmental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish fuel breaks.
(c) The chief of the fire department, and its deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon private property for the purpose of destroying weeds.
(d) Any property owner shall have the right to abate such weeds themselves, or have the same abated at their own expense provided that such weeds shall have been destroyed or removed prior to May 15th and the arrival of the chief of the fire department or his/her agents or representative to abate them.
(e) Combustible rubbish which hampers or otherwise obstructs city weed abatement efforts may also be removed by the chief of the fire department or his/her agents or authorized representative at the owner’s expense under the reimbursement and collection provisions of this chapter.” H. Section 19.05.180 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.180 SECTION 403.11 IS ADDED – SPECIAL REQUIREMENTS FOR PUBLIC

SAFETY, FIRE WATCH
Section 403.11 of Chapter 4 of the Fire Code of the city of Santa Cruz is added to read as follows:
403.11 – Special Requirements for public Safety, Fire Watch. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and 403.11.1.2.”
I. Section 19.05.190 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.190 SECTION 503 IS AMENDED - FIRE APPARATUS ACCESS ROADS Section 503 of Chapter 5 of the Fire Code of the city of Santa Cruz is amended to read as follows:
503 Fire apparatus access roads.
503.1 Where required.

Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.
503.1.1 Buildings and facilities.

36.7 ORDINANCE NO. 2022-14
8 Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

3. There are not more than two Group R-3 or Group U occupancies. 503.1.2 Additional access.

The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
503.1.3 High-piled storage.

Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32 of the California Fire Code. 503.2 Specifications.

Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.
503.2.1 Dimensions.

Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 15 feet (4572 mm).
503.2.2 Authority.

The fire official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.

36.8 ORDINANCE NO. 2022-14
9 503.2.3 Surface.

Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. 503.2.4 Turning radius.

The required turning radius of a fire apparatus access road shall be 28 feet (8,534 mm) inside radius and 48 feet (14,630 mm) outside radius on all turns in the fire apparatus access road, unless otherwise approved by the fire code official.
503.2.5 Dead ends.

Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces.

Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official.

Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.
503.2.7 Grade.

The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus.
503.2.8 Angles of approach and departure
The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire departments apparatus. 503.3 Marking.

Where required by the fire code official approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE (or similar language) shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The signs, notices, or markings designating fire lanes shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads.

36.9 ORDINANCE NO. 2022-14
10 Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and 503.2.2 shall be maintained at all times.
503.4.1. Traffic calming devices
Traffic calming devices shall be prohibited unless approved by the fire code official. 503.4.2 Vegetation clearance along access roads.

Areas within 10 feet (3048) horizontal and 15 feet (4572 mm) vertical on each side of portions of highways, public and private streets, roads and driveways which are ordinarily used for vehicular traffic shall be cleared of flammable vegetation and other combustible growth.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants sued as ground covers, are exempt provided that they do not form a means of readily transmitting fire. 503.5 Required gates or barricades.

The fire code official is authorized to require the installation and maintenance of gates or the approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways.
503.5.1 Secured gates and barricades.

Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.

Exception: The restriction on use shall not apply to public officers acting within the scope of duty. [B] 503.5.2 Fences and gates.

School grounds may be fenced and gates therein may be equipped with locks, provided that safe dispersal areas based on 3 square feet (0.28 m2) per occupant are located between the school and the fence. Such required safe dispersal areas shall not be located less than 50 feet (15 240 mm) from school buildings.

Every public and private school shall conform with Section 32020 of the Education Code which states:

The governing board of every public school district, and the governing authority of every private school, which maintains any building used for the instruction or housing of school pupils on land entirely enclosed (except for building walls) by fences, or walls, shall, through cooperation with the local law enforcement and fire protection agencies having jurisdiction of the area, make

36.10 ORDINANCE NO. 2022-14
11 provision for the erection of gates in such fences or walls. The gates shall be of sufficient size to permit the entrance of the ambulances, police equipment and fire-fighting apparatus used by the law enforcement and fire protection agencies. There shall be no less than one such access gate and there shall be as many such gates as needed to ensure access to all major buildings and ground areas. If such gates are to be equipped with locks, the locking devices shall be designed to permit ready entrance by the use of the chain or bolt-cutting devices with which the local law enforcement and fire protection agencies may be equipped.
503.6 Security gates.

The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.”
J. Section 19.05.200 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.200 SECTION 507.1 IS AMENDED – REQUIRED WATER SUPPLY.

Section 507.1 of Chapter 5 of the Fire Code of the city of Santa Cruz is amended to read as follows:
507.1 – Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Fire flow requirements shall be calculated and determined as per the 2022 California Fire Code Appendix B and BB. The minimum water supply for all new dwellings within State Responsibility Areas (SRA) shall be capable of supplying a flow of 500 gallons per minute for 20 minutes (10,000 gallons) for each parcel. Privately owned water that is not supplied by a licensed water purveyor shall: (1) serve no more than two dwellings and no more than 10,000 square feet of habitable dwelling space, and (2) be provided pursuant to a recorded covenant that runs with the land if the water supply originates from another parcel. If a water purveyor supplies the water, the applicant must submit with the building plan written verification from the licensed purveyor that the water supply meets the flow requirement.

Exceptions:

1. A 2% reduction will be allowed for flow supplied by approved stationary water tanks, to account for the nominal standardized capacity of such tanks.

2. The Fire Chief may reduce the flow requirement to 250 gallons per minute for 20 minutes by substituting approved enhanced access, defensible space, and/or ignition-resistant material requirements.”
K. Section 19.05.220 of the Santa Cruz Municipal Code is amended to read as follows:

36.11 ORDINANCE NO. 2022-14
12 “19.05.220 CFC SECTIONS 903.1 THROUGH 903.2.10.2 ARE DELETED AND REPLACED – AUTOMATIC SPRINKLER SYSTEMS.

Sections 903.1 through 903.2.10.2 of Chapter 9 of the Fire Code of the city of Santa Cruz are deleted and replaced to read as follows:
903.1 General. Automatic sprinkler systems shall comply with this section. 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of automatic sprinkler protection where recognized by the applicable standard and approved by the fire code official. 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. 903.2.1 New Structures. An automatic fire sprinkler system shall be provided in all new occupancies as defined in Chapter 3 of the California Building Code, regardless of type of construction and/or floor area, unless otherwise pre-empted by the California Health and Safety Code. Any occupancy not specifically mentioned shall be included in the group that it most nearly resembles based on the proposed life and fire hazard.

EXCEPTIONS: 1. Private garages, carports, workshops, office, art studio, and/or sheds not more than 1,000 square feet (93 m2) of total floor area shall not require fire sprinklers where they are detached and separate from other structures and provided with exterior wall and opening protection as per the California Building Code.

2. Sheds exceeding 1,000 square feet, (93 m2) but not exceeding 3,000 square feet (278 m2) shall not require fire sprinklers at the discretion of the Fire Chief when the applicant demonstrates that the applicant’s proposal does not increase the fire hazard or fire load.

3. Agricultural buildings as defined in Appendix Chapter C, of the California Building Code having a clear unobstructed side yard exceeding 60 feet (18,280 mm) in all directions, not exceeding 25 feet (7620 mm) in height and located within an Agricultural zoned district, as defined in the Santa Cruz County Planning Code.
a. Not exceeding 2,000 square feet (186 m2) or as exempted by the fire chief, shall not require fire sprinklers.
b. Exceeding 2,000 square feet (186 m2) but not exceeding 5,000 square feet, shall not require fire sprinklers at the discretion of the fire chief when the applicant demonstrates the applicant’s proposal does not increase the fire hazard or fire load. c. Greenhouses of non-combustible construction shall not require fire sprinklers.

4. Group B and Group M Occupancies not more than 500 square feet (46.5 m2) shall not require fire sprinklers where they are detached and separate from other structures and provided with

36.12 ORDINANCE NO. 2022-14
13 exterior wall and opening protection as per the 2016 California Building Code, Tables 508.4 and 508.9.

5. For public school state-funded construction projects see CFC Section 903.2.19. 903.2.2 Existing Structures. An automatic sprinkler system shall be provided in existing structures when, after the effective date of this code, a building permit is issued to allow additions to be made to existing structures which either:

1. Are already six thousand (6,000) square feet or greater in total floor area; or

2. Will increase the existing square footage to greater than > (6,000) square feet in total floor area; or

3. Will increase the total floor area of a structure by 10% or more; or

4. When there is a change in the character of the occupancy or use of any building which in the opinion of the fire chief increases or may cause to increase the hazard of fire or threat to life or safety.

5. When additions are made to a structure which contains an existing fire sprinkler system. The fire sprinkler system shall be augmented, thus, creating fire sprinkler protection in the entire structure.

Exceptions:

1. Group U occupancies not more than one thousand (1,000) square feet.

2. Group B and Group M occupancies not more than five hundred (500) square feet.

3. Group R-3 dwellings:
a) Where additions do not increase the total existing square footage by more than 50%. Or, b) Where alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the external walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent or more of the existing internal structural and/or non-structural framework, independently or in combination thereof, within a five year period, the entire building shall be made to conform to the current provisions of this chapter. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.

4. Accessory Dwelling Unit constructed on lots with an existing sprinklered primary residence:
a) Attached to main residence – fire sprinklers required. b) Detached from main residence, fire sprinklers required.

36.13 ORDINANCE NO. 2022-14
14 5. Accessory Dwelling Unit constructed on lots with an existing non-sprinklered primary residence:
a) Attached to main residence and is less than or equal to 50% of the existing sq-ft. of the primary residence – fire sprinklers not required.
b) Detached from main residence– fire sprinklers not required.” L. Section 19.05.231 of the Santa Cruz Municipal Code is added as follows:
“19.05.231 SECTION 903.3.1.1.2 IS DELETED – BATHROOMS.

Section 903.3.1.1.2 of Chapter 9 of the Fire Code of the city of Santa Cruz is deleted.” M. Section 19.05.232 of the Santa Cruz Municipal Code is added as follows:
“19.05.232 SECTION 903.3.1.3 IS AMENDED – NFPA 13D SPRINKLER SYSTEMS.

Section 903.3.1.3 of Chapter 9 of the Fire Code of the city of Santa Cruz is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and twofamily dwellings; Group R-3; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D, and installation guidelines as promulgated by the Santa Cruz County Fire Chiefs Association.”
N. Section 19.05.240 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.240 SECTION 1103.5.5 IS ADDED – PYROXYLIN PLASTICS.

Section 1103.5.5 of Chapter 11 of the Fire Code of the city of Santa Cruz is added to read as follows:
1103.5.5 Pyroxylin plastics. An automatic sprinkler system shall be provided in all existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved automatic sprinkler system capable of discharging

1.66 gallons per minute per square foot (68 L/min/m2) over the area of the vault.” O. Section 19.05.260 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.260 SECTION 3905.1.1 IS AMENDED – SAFETY SYSTEMS Section 3905.1.1 of Chapter 39 of the Fire Code of the city of Santa Cruz is amended to read as follows:
3905.1.1 – Operation. Activation of the gas detection system shall result in all of the following:

1. Initiation of distinct audible and visual alarm signals in extraction room.

36.14 ORDINANCE NO. 2022-14
15 2. Deactivation of all heating systems located in the extraction room.

3. Activation of the mechanical ventilation system, where the system is interlocked with gas detection.

4. De-energize all light switches and electrical outlets.

5. For detection levels at or exceeding 25% of the LEL/LFL shall result in the activation of the building’s fire alarm system.”
P. Section 19.05.270 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.270 SECTION 4901.3 IS ADDED – REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS.

Section 4901.3 of Chapter 49 of the Fire Code of the city of Santa Cruz is added to read as follows:
4901.3 General. Areas identified within the Wildland-Urban Interface, as determined by the Fire Code Official, shall be held to all requirements as defined in Sections 4902.1 through 4910.4.

1. As determined by the Fire Code Official, construction requirements as identified in California Building Code, Chapter 7A, California Residential Code, Section R337 and California Referenced Standards Code, Chapter 12-7A shall apply to:
a) All new construction
b) All new materials used for additions and remodels.”
Q. The contents of Section 19.05.290 shall be deleted from the code and shall be demarcated as follows:
“19.05.290 RESERVED.”
R. SECTION 18. Section 19.05.310 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.310 CHAPTER 90 IS ADDED – SUPPRESSION AND CONTROL OF WILDFIRE RISK AREAS.

Chapter 90 of the Fire Code of the city of Santa Cruz is added to read as follows:
9001 — SCOPE. The unrestricted use of grass-, grain-, brush- or forest-covered land in wildfire risk areas is a potential menace to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire that might be caused by recreational, residential, commercial, industrial or other activities shall be in accordance with Chapter 90.
9002— RESTRICTED ENTRY. The fire chief shall determine and publicly announce when wildfire risk areas shall be closed to entry and when such areas shall again be opened to entry.

Entry on and occupation of wildfire risk areas, except public roadways, inhabited areas or

36.15 ORDINANCE NO. 2022-14
16 established trails and camp sites which have not been closed during such time when the wildfire risk area is closed to entry, is prohibited.

EXCEPTIONS: 1. Residents and owners of private property within wildfire risk areas and their invitees and guests going to or being upon their lands.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service. 9003 — TRESPASSING ON POSTED PROPERTY.
9003.1 General. When the fire chief determines that a specific area within a wildfire risk area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
9003.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to Appendix II-A shall be placed on every closed area.
9003.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

EXCEPTION: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
9004 — SMOKING. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes, cigars, or other smoking materials in wildfire risk areas is prohibited.

EXCEPTION: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the fire code official.
9005 — SPARK ARRESTERS. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within 200 feet (60,960 mm) of wildfire risk areas, shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed 1/2 inch (12.7 mm).
9006 SMALL UNMANNED AIRCRAFT. Small unmanned aircraft liable to start or cause fire shall not be possessed, flown, projected or caused to be projected into or across wildfire risk areas. 9007 — OPEN-FLAME DEVICES. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon wildfire risk areas, except by permit from the fire chief.

36.16 ORDINANCE NO. 2022-14
17 EXCEPTION: Use within habited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon wildfire risk areas.

EXCEPTION: The proper use of fuses at the scenes of emergencies or as required by standard railroad operating procedures.
9008 — USE OF FIRE ROADS AND FIREBREAKS. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak.

EXCEPTION: Public officers acting within their scope of duty.

Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or firebreaks unless located 16 feet (4877 mm) or more above such fire road or firebreak.
9009 — USE OF MOTORCYCLES, MOTOR SCOOTERS AND MOTOR VEHICLES.

Motorcycles, motor scooters and motor vehicles shall not be operated within wildfire risk areas, without a permit by the fire code official, except upon clearly established public or private roads.

Permission from the property owner shall be presented when requesting a permit. 9010 — LIABILITY FOR DAMAGE. The expenses of fighting fires which result from a violation of this chapter shall be a charge against the person whose violation caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the fire chief in the same manner as in the case of an obligation under a contract, expressed or implied.” SECTION 4. Chapter 19.10 of the Santa Cruz Municipal Code is hereby amended to read as follows.
“19.10.010 ESTABLISHED.

The geographic limits referred to in certain sections of the Fire Code of the city of Santa Cruz are hereby established as follows:

Establishment of limits of districts in which storage of flammable cryogenic fluids in stationary containers is to be prohibited. The limits referred to in Section 5806.2 of the Fire Code of the city of Santa Cruz in which storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as the political boundary of the city of Santa Cruz.

36.17 ORDINANCE NO. 2022-14
18 Exceptions:

1. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-2 Zone with a Conditional Use Permit issued by the Planning Department.

2. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-3 Zone.

Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 5704.2.9.6 and 5706.2.4.4 of the Fire Code of the city of Santa Cruz in which the storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is restricted are hereby established as the incorporated area of the political boundary of the city of Santa Cruz.

Exceptions: Such use is allowed in the following zoning districts:

1. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in A or A-1 Zones;

2. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in M-1, M-2 or M-3 Zones;

3. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in NR Zones.

19.10.020 GEOGRAPHIC LIMITS REFERRED TO IN CERTAIN SECTIONS OF THE 2022 CALIFORNIA FIRE CODE.

The geographic limits referred to in certain sections of the 2022 California Fire Code are hereby established as follows:

Section 5704.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): City of Santa Cruz.

Section 5706.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in aboveground tanks is prohibited): City of Santa Cruz.

Section 5806.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): City of Santa Cruz.

Section 6104.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): City of Santa Cruz.” SECTION 5: Interpretation
A. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

36.18 ORDINANCE NO. 2022-14
19 B. Nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or liability incurred under any prior version of this ordinance.

SECTION 6: Environmental Review
This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly.) SECTION 7. This ordinance shall take effect and be in force thirty (30) days after final adoption but not prior to January 1, 2023.

PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

36.19 ORDINANCE NO. 2022-14
20 PASSED FOR FINAL ADOPTION this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the
above and foregoing
document is the original of
Ordinance No. 2022-14 and
that it has been published or
posted in accordance with
the Charter of the City of
Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

36.20 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

November 9, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 9th day of November, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

36.21 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 7th day of November, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-14, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—19.

36.22 City Council

AGENDA REPORT
DATE: 11/01/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Planning
SUBJECT: A22-0004: Amendment to Section 24.12.1310 of Santa Cruz Municipal Code Title 24 - Zoning Ordinance to Allow Cannabis Retail Deliveries to the City from Legal Retail Delivery Businesses Located within any Jurisdiction within Santa Cruz County (PL)
RECOMMENDATION: Introduce for publication an ordinance amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24, as presented in the attached documents.

BACKGROUND: When the City adopted its first Recreational Cannabis Ordinance in 2017, the City Council prohibited retail deliveries of cannabis from businesses located outside the City of Santa Cruz. It was believed at the time that deliveries from outside the City could disadvantage local businesses.

Recent discussions among local City Managers and the County Administrator have led to the jurisdictions agreeing to revise their cannabis ordinances to allow delivery from any legal business located in a Santa Cruz County jurisdiction to any of those jurisdictions, including the unincorporated County. This type of amendment is being brought forth this fall at the County of Santa Cruz, the City of Watsonville, and the City of Capitola (all the jurisdictions within the County that permit retail cannabis sales).

DISCUSSION: The proposed amendment to Section 24.12.1310 of the Zoning Ordinance would change the prohibition against deliveries from businesses located outside the City of Santa Cruz to those outside the County of Santa Cruz. The proposed ordinance amendment allows businesses in any jurisdiction within the County to deliver in the City of Santa Cruz if they are licensed for retail sales by both the State and the jurisdiction in which they are located. In addition, the amendment refers businesses to the City’s Business License Ordinance to determine whether they are required to obtain a City business license.

Despite the proposed widening of the delivery area to the County level, this still represents local control of cannabis sales. State law has shifted on the matter of allowing this type of local control. Should State law not allow local control such as this, the proposed ordinance includes flexible language that allows delivery from businesses located anywhere within the State only if required by State law.

Staff reached out to all permitted cannabis retail establishments in the City of Santa Cruz for feedback on the proposed amendment. Staff heard back from one of the retailers and that owner

37.1 supported the proposed ordinance amendment. The retailer stated this amendment would allow the business to deliver outside of the City of Santa Cruz, which would create new sales opportunities so the proposed amendment would not disadvantage the local business (in keeping with Council’s stated goal of the ordinance).

HEALTH IN ALL POLICIES (HiAP): In 2019, the City adopted a Health in All Policies strategy in order to eliminate inequities in health and well-being and attain equity for all residents. The proposed amendment would allow cannabis users, both medical and recreational, additional sources of cannabis, and they may be better served by the variety. Online delivery options can also allow for added privacy and better accommodate those who are not able to access a brick and mortar store. Finally, the proposed amendment will support local business based on feedback staff received. For these reasons, the proposed amendment supports the social, economic, and environmental health of the community, meeting the aims of Health in All Policies.

ENVIRONMENTAL DETERMINATION: The zoning code amendment has been determined to be exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of Regulations (CEQA Guidelines), in that the activity is covered under the general rule that CEQA applies only to projects that have the potential for causing significant effect on the environment. Deliveries are already occurring in various areas throughout the County, and grouped deliveries are expected to result in fewer vehicle miles traveled than the alternative, which would primarily consist of individual, two-way trips to cannabis establishments.

FISCAL IMPACT: The proposed amendment may have a slightly positive impact on the City’s General Fund due to the potential increase in City cannabis sales from deliveries to jurisdictions outside the City limits; however, this increase in sales may be offset by deliveries into the City from retailers located in other Santa Cruz County jurisdictions, potentially decreasing sales by City retailers. Any change in tax revenue from the amendment is not anticipated to be significant.

Prepared By:

Katherine Donovan
Senior Planner
Matt VanHua
Principal Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE - CLEAN.DOCX

2. ORDINANCE - TRACK CHANGES.PDF

37.2 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 24.12.1310 – ADMINISTRATIVE USE PERMIT REQUIRED OF PART 14: COMMERCIAL MEDICAL AND ADULT USE CANNABIS REGULATIONS OF TITLE 24 – ZONING ORDINANCE OF

THE CITY OF SANTA CRUZ MUNICIPAL CODE TO ALLOW CANNABIS DELIVERIES

INTO THE CITY FROM LEGAL BUSINESSES LOCATED WITHIN ANY JURISDICTION

WITHIN THE COUNTY OF SANTA CRUZ
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Section 24.12.1310 – Administrative Use Permit Required of Part 14: Commercial Medical and Adult Use Cannabis Regulations of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.1310 ADMINISTRATIVE USE PERMIT REQUIRED.
(a) All commercial cannabis uses allowed within the city must be authorized pursuant to the procedures described in Section 24.08.030 for administrative use permits with the exception of testing laboratories, which are principal permitted uses in IG and IG/PER-2 Districts. So long as state law and/or regulation requires the city to permit delivery by businesses located anywhere within the State, delivery services performed by businesses located outside the County of Santa Cruz are also exempted from this requirement; otherwise, delivery by businesses located outside Santa Cruz County is not permitted within the city, with or without a permit. Legal retail delivery businesses located within any jurisdiction within Santa Cruz County may deliver within the City if they are licensed to do so by the State and the jurisdiction in which they are located. Such businesses may be required to obtain a City of Santa Cruz business license per Chapter 5.04 – Business Licenses and Fees and, if located within the City of Santa Cruz, must also have a valid cannabis retailer license.
(b) Each commercial cannabis business shall meet the siting criteria and performance standards described in other sections of this chapter in addition to: (1) the other requirements of the zoning districts in which they are located; (2) the licensing requirements set forth in Chapter 6.91; and (3) other state and local laws and regulations. For properties with multiple tenant spaces, separate use permits are required for each separate business unless a master use permit is approved per Section 24.08.027.
(c) Each and every provision made in this section shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision thereof.

37.3 PASSED FOR PUBLICATION this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2022-xx
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

37.4 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 24.12.1310 – ADMINISTRATIVE USE PERMIT REQUIRED OF PART 14: COMMERCIAL MEDICAL AND ADULT USE CANNABIS REGULATIONS OF TITLE 24 – ZONING ORDINANCE OF

THE CITY OF SANTA CRUZ MUNICIPAL CODE TO ALLOW CANNABIS DELIVERIES

INTO THE CITY FROM LEGAL BUSINESSES LOCATED WITHIN ANY JURISDICTION

WITHIN THE COUNTY OF SANTA CRUZ
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

24.12.1310 ADMINISTRATIVE USE PERMIT REQUIRED.
(a) All commercial cannabis uses allowed within the city must be authorized pursuant to the procedures described in Section 24.08.030 for administrative use permits with the exception of testing laboratories, which are principal permitted uses in IG and IG/PER-2 Districts. So long as state law and/or regulation requires the city to permit delivery by businesses located outside its jurisdictionanywhere within the State, delivery services performed by businesses located outside the city County of Santa Cruz city limits are also exempted from this requirement; otherwise, delivery by businesses located outside the citySanta Cruz County is not permitted within the city, with or without a permit. Legal retail delivery businesses located within any jurisdiction within Santa Cruz County may deliver within the City if they are licensed to do so by the State and the jurisdiction in which they are located. Such businesses may be required to obtain a City of Santa Cruz business license per Chapter 5.04 – Business Licenses and Fees and, if located within the City of Santa Cruz, must also have a valid cannabis retailer license. (b) Each commercial cannabis business shall meet the siting criteria and performance standards described in other sections of this chapter in addition to: (1) the other requirements of the zoning districts in which they are located; (2) the licensing requirements set forth in Chapter 6.91; and (3) other state and local laws and regulations. For properties with multiple tenant spaces, separate use permits are required for each separate business unless a master use permit is approved per Section 24.08.027.
(c) Each and every provision made in this section shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision thereof.

37.5 ORDINANCE NO. 2022-16

AN UNCODIFIED ORDINANCE OF THE CITY OF SANTA CRUZ
EXTENDING UNCODIFIED EMERGENCY ORDINANCE 2020-27 AUTHORIZING

TEMPORARY USE OF CERTAIN ADJACENT PUBLIC STREET AND OUTDOOR AREAS

FOR ELIGIBLE BUSINESSES IMPACTED BY INDOOR BUSINESS CLOSURES RELATED TO THE COVID-19 PANDEMIC (1) UNTIL OCTOBER 31, 2023 IN THE PUBLIC RIGHT-OF-WAY; (2) UNTIL MARCH 31, 2024 ON PRIVATE PROPERTY; AND (3) EXTENDING THE CATHCART STREET TEMPORARY PARTIAL STREET CLOSURE UNTIL
MARCH 31, 2023
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and
WHEREAS, the State of Emergency declared by the Governor on March 4, 2020 remains in effect; and
WHEREAS, on March 10, 2020, the Santa Cruz City Council adopted Resolution No. NS29,640 Declaring a Local Health Emergency in response to the COVID-19 pandemic; and WHEREAS, pursuant to California Government Code Section 8630, the Council has extended the Declaration of Local Health Emergency by successive sixty-day periods, most recently by Resolution No. NS-30,047 on October 11, 2022, and has ratified a number of Executive Orders issued by the Director of Emergency Services, in accordance with Santa Cruz Municipal Code Section 2.20.020; and
WHEREAS, in light of the devastating impacts that the pandemic has had on the local economy and for locally owned businesses in particular, the Director of Emergency Services issued two related Executive Orders to address the ability for businesses to temporarily use certain areas of the public right-of-way and private property for commercial activity, namely Executive Order No. 2020-11, issued on June 4, 2020 (ratified by City Council Resolution No. NS-29,667 on June 23, 2020) and Executive Order No. 2020-15, issued on July 30, 2020 (ratified by City Council Resolution No. NS-29,695 on August 11, 2020); and WHEREAS, while Executive Order No. 2020-15 enabled eligible businesses to temporarily operate in certain adjacent public street and outdoor areas as long as the City is operating under the current local health emergency, the duration of the pandemic and the longer period for economic recovery creates a unique situation requiring consideration of a longer period for the temporary use of certain outdoor spaces by eligible businesses, due to capital investments required in order to construct suitable outdoor facilities; and

38.1 ORDINANCE NO. 2022-16
2 WHEREAS, on December 8, 2020, the City Council adopted an uncodified Emergency Ordinance No. 2020-27, incorporating Executive Order Nos. 2020-11 and 2020-15, allowing for the temporary use of certain public right-of-way and private areas until October 31, 2021; and WHEREAS, on June 22, 2021, the City Council adopted an uncodified Emergency Ordinance No. 2021-14, which extended uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas of the public right of way and private property for commercial activity until December 31, 2021; and
WHEREAS, as a result of the restrictions imposed by the State’s COVID-19 related guidance and the County’s Health Order, businesses, and particularly restaurants, have suffered significant economic hardships; for example, more than 100 Santa Cruz businesses closed as a result of pandemic, according to a 2020 survey conducted by the Santa Cruz Chamber of Commerce; and
WHEREAS, although California moved Beyond the Blueprint on June 15, 2021 and restrictions on businesses were lifted, the COVID-19 crisis continues, causing local businesses to suffer prolonged negative impacts due to disruptions in operations and uncertainty; and WHEREAS, on November 9, 2021, cognizant of the prolonged negative impacts to local businesses, the City Council adopted an uncodified Ordinance No. 2021-21, further extending uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas in the public right-of-way and private property until December 31, 2022; and WHEREAS, although restrictions on businesses were lifted, the COVID-19 crisis continues, causing local businesses to suffer prolonged negative impacts due to disruptions in operations, and uncertainty; and
WHEREAS, the City will consider an ordinance adding Chapter 5.83 to the Santa Cruz Municipal Code, which would establish a new permit process for parklets in the public right-of way; and
WHEREAS, the City Council has directed staff to make the necessary revisions to the Santa Cruz Municipal Code for future Council consideration in early 2023 to develop a streamlined outdoor dining permit for private property outdoor dining; and WHEREAS, the City Council finds that extending the duration of uncodified Ordinance No. 2020-27 until October 31, 2023 for temporary use of the public right-of-way for commercial activity, and until March 31, 2024 for temporary use of private property for commercial activity, will provide certainty with respect to the timeframe that eligible business may expand their operations to public outdoor spaces, will facilitate business recovery, generate increased sales tax revenue for the City, and provide City staff the time necessary to develop and bring to Council a permanent and extended program for businesses to use public outdoor spaces for their operations; and

38.2 ORDINANCE NO. 2022-16
3 WHEREAS, uncodified Ordinance No. 2020-27 also approved two temporary street closures as part of the Temporary Outdoor Expansion Program, including a full closure of the 1100 Block of Pacific Avenue between Lincoln and Cathcart Streets, and a partial closure of the east bound lane of Cathcart from Cedar Street to Pacific Avenue (“Cathcart Street Temporary Partial Street Closure”); and
WHEREAS, the City Council finds that the continued Cathcart Street Temporary Partial Street Closure poses a danger to public safety, health and welfare, due to the one-way traffic layout limiting a major eastbound route for emergency response vehicles and also increasing emergency response times by limiting emergency access; and
WHEREAS, the City Council further finds that extending the duration of the Cathcart Street Temporary Partial Street Closure until March 31, 2023, will provide certainty with respect to the timeframe those business may expand their operations to public outdoor spaces, will facilitate business recovery, generate increased sales tax revenue for the City, and provide City staff the time necessary to work with impacted businesses and property owners to assess design to accommodate public safety and two-way traffic on Cathcart Street.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Section 5 of uncodified Ordinance No. 2020-27, adopted as an emergency measure by the City Council on December 8, 2020, and amended by uncodified Ordinances No. 2021-14 on June 22, 2021 and No. 2021-21 on November 9, 2021, is hereby further amended to include the following expiration dates:

Temporary Use Located in Public Right-of-Way: shall expire on October 31, 2023.

Temporary Use Located on Private Property: shall expire on March 31, 2024.

Cathcart Street Temporary Partial Street Closure: shall expire on March 31, 2023.

Section 2. This Ordinance shall take effect thirty (30) days following its final adoption (the “Effective Date”) and shall expire on the dates set forth above, unless further extended by action of the City Council.

38.3 ORDINANCE NO. 2022-16
4 PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-16 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

38.4 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

November 9, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 9th day of November, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

38.5 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 7th day of November, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-16, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—4.

38.6 1
Rosemary Balsley
From: Pauline Seales <[email protected]>
Sent: Monday, November 14, 2022 8:46 AM
To: City Council
Cc: SC CAN discussion
Subject: Items on Nov 15 agenda
A Thank you
Item 19. Affordable housing plan for 136 River St – former Outdoor World Great location – great need!
A Caution
Item 38/39. Continuance of Outdoor dining areas
Great – the public loves these and they are good for the businesses BUT ‐ heating the outdoors with propane heaters is a serious source of Greenhouse Gases Please Modify
Item 40 Municipal Code – subsections 6) 7)
6) Adopt a resolution establishing a new in lieu fee requirement for street tree removals 7) Adopt a resolution establishing mitigation requirements for the removal of a heritage tree or heritage shrub, replacing existing Council Resolution No. NS‐21,436.

Pauline Seales
Santa Cruz Climate Action Network

38.7 City Council

AGENDA REPORT
DATE: 11/03/2022
AGENDA OF: 11/15/2022
DEPARTMENT: Economic Development
SUBJECT: Permanent Outdoor Dining Program Update: Second Reading of Ordinance No. 2022-15 Related to Public On-street Parking Spaces, Adoption of a Resolution Establishing the Parklet Fee Schedule, Adoption of a Resolution the Parklet Guidelines, and Review the Pre-Approved Parklet Designs (ED)
RECOMMENDATION: Motion to:
1) Adopt Ordinance No. 2022-15 establishing a permanent parklet program citywide; and 2) Adopt a resolution establishing the Parklet Fee Schedule; and 3) Adopt a resolution adopting the Parklet Guidelines.

BACKGROUND: Following Council direction in August 2021, Economic Development (ED) staff has been working to develop a parklet ordinance and program that allows temporary outdoor dining areas in public on-street parking spaces to remain in place and establishes clear guidelines for safety, design, and operations to guide the transition from temporary to permanent use and establishes a permanent parklet program citywide going forward. At the October 25, 2022 City Council meeting, the City Council approved the first reading of the Parklet Ordinance to establish a permanent parklet program citywide.

Council moved to:

1. Establish an outdoor dining subcommittee to work with staff and community stakeholders on issues and concerns related to temporary and permanent outdoor dining.

2. Direct staff to return to Council no later than the second Council meeting in February 2023, with the Parklet Guidelines and Parklet Fee Schedule.

3. Direct subcommittee to work with staff and community stakeholders to explore extending forgivable loans to businesses on private property.

4. In coordination with the subcommittee and community stakeholders, direct staff to coordinate with the Coastal Commission and process a Coastal Permit to authorize the implementation of the Parklet Ordinance for the construction, use, or operation of parklets within the coastal zone under Chapter 5.83 of the Santa Cruz Municipal Code (SCMC); and

5. Direct staff to initiate the process of repealing SCMC Section 24.10.2341 “Outdoor Curb Extension Area” pursuant to SCMC Chapter 24.06.

39.1 DISCUSSION: Following Council direction at the October 25, 2022 City Council meeting, staff has scheduled a meeting with the outdoor dining subcommittee (subcommittee) members to review the parklet ordinance, guidelines, fees, designs, and program details. The feedback and any related recommendations from the subcommittee review will be presented at the November 15, 2022 meeting.

The parklet ordinance sets out the framework for the parklet program permit requirements, operating standards, enforcement mechanisms, fee schedule and program guidelines. The Parklet Guidelines (see attachment “Parklet Guidelines") were developed through review of the regulations for the parklets that were allowed Downtown prior to the pandemic and added criteria based on the operation of parklets under the temporary program. The interdepartmental staff team from the Public Works (PW), Planning and Community Development (Planning), Fire, and Police departments provided input on the requirements specific to traffic engineering, accessibility, building code, and fire code requirements. Staff conducted over seventeen different outreach activities from October 2020 through November 2022 including meetings with the Downtown Commission, Downtown Association, and individual meetings with businesses to discuss the goals for the permanent parklet program and needs under the permanent guidelines.

In May 2022, ED hosted a business outreach meeting on the draft parklet ordinance and guidelines to receive feedback from businesses through an online public meeting and conducted an online survey following the meeting. There were 66 responses to the survey from businesses and community members and helped inform modifications for the final ordinance language and design and operations guidelines. In preparation for the October 25th City Council meeting, ED shared the draft design guidelines and program information with businesses operating temporary parklets and posted the information on the parklet program website (www.choosesantacruz.com/parklet).

The Parklet Guidelines stay consistent with many of the requirements from the temporary program but provide some substantial changes to strengthen the accessibility, safety, and aesthetics of the parklets that are allowed as a long-term permitted use. The temporary parklets have been regulated with the expectation that they would not be permanent structures which resulted in some limited short-term exceptions from building, fire, and public works regulations mandated by the state and consistent with safety best practices. In allowing parklets on a more permanent basis, it is necessary to address these limited exceptions. Some examples of these changes include setbacks within the parking spaces, removal of temporary membrane structures (tents and canopies), vector control measures, and installation of permanent safety barriers rather than the water filled barriers previously provided by the City.

Parklet Guidelines & Design Options:

Under the permanent program, businesses will be able to apply for two parking spaces to be used for a parklet, although exceptions may be made for additional spaces depending on site specifications. Businesses will be able to construct a parklet using a wood, concrete, or other sturdy material base to construct a platform for the parklet that is level with the sidewalk and maintains storm drain clearance. The parklet program design guidelines provide specific information about the height of perimeter walls, use of lighting, shade cloths, umbrellas, and heaters.

Under the temporary program, businesses have made a variety of investments for parklets, with some businesses building full parklet structures and others building only some or minimal

39.2 components to be operable as a temporary parklet. Under the permanent parklet ordinance, the businesses will be able to apply for a parklet permit to either retrofit their existing temporary parklet, use a pre-approved design the City has developed, or design a custom parklet.

Businesses wanting to retrofit their temporary parklets will request an inspection from staff of their existing parklet for compliance with guidelines and will be required to submit a plan showing how the parklet will be modified for approval with their application. The application review is streamlined for the pre-approved designs and some retrofits depending on the level of improvements needed and will be reviewed for site specific conditions by PW and ED. Out of necessity, custom designs will require full plan review under the parklet permit process which will include review by ED, PW, Planning, and Fire.

Staff has been working with local landscape architecture firm, Dillon Design Associates, to create two pre-approved design options and cost estimates that would allow a business to utilize design and construction drawings drafted by licensed design professionals to reduce the design time for development of their parklet. Staff presented the draft pre-approved design options in the public meeting which ranged in cost between $50,000 to $75,000. Businesses provided feedback in the meeting and in the follow-up survey that the consultant estimated costs were prohibitively expensive. In response to that feedback, staff has been working with the designers to revise the pre-approved designs to provide lower cost options and take into consideration design preferences and the desire for many to be able to have more customization of colors and materials within the pre-approved designs. The revised design now ranges in cost from roughly $14,000 for basic furnishings to $20,000 for optional furnishings and customization. Details for the pre-approved designs are being review by the subcommittee and will be presented to City Council.

Parklet Program Application Process and Fees:

The following is a summary of the application and permitting process for the permanent parklet program:

1. Businesses will complete a parklet permit application to either request permanent approval of their existing temporary parklet in compliance with the permanent guidelines or to propose new construction of a parklet using a preapproved or custom design with the following information:
a. Basic Business Owner & Property Owner Information
b. Drawing of the parklet area by a licensed design professional showing:
- Location of parklet on the street, relationship to sidewalk, dimensions of parklet, and entrances/exits.
- Layout of all parklet furniture, fixtures, signage, support posts, lighting, plantings, trash receptacles, etc.
- Letter of approval from neighbors if parklet encroaches on adjacent business’ frontage.

2. Staff will review the application to approve or request modifications consistent with the ordinance and guidelines.

3. Once application is approved, staff will issue the parklet permit that outlines annual fees, standard operational requirements, and annual inspection.

4. Once the permit is issued, businesses will begin construction of their new parklet or modifications to their existing parklet and staff will complete a final inspection to issue a certificate of approval prior to operation of the permanent parklet.

The proposed parklet fee schedule includes the following:

1. Application Fee (waivable based on sales criteria):
a. Preapproved and Retrofitted Parklet: $500 or

39.3 b. Custom Design Parklet: $500 plus additional actual costs relating to processing the permit will be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

2. Economic Development Parklet Annual Inspection Fee (beginning year two of each permit):
$250

3. Annual Permit Fee:
a. Annual Permit Fee for Metered parking spaces: $2,000 per space b. Annual Permit Fee for Unmetered parking spaces: $5.88 per square foot, or equivalent to roughly $1,000 per space

4. Appeal Fee: $519

5. Additional Costs: To be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

The annual fees for parklets at metered spaces citywide are collected as parking meter revenue replacement set at $2,000 per space annually with the ability to modify the fee depending on rate changes and actual revenue per space data. The $2,000 annual fee is equivalent to about $5.50 per day, roughly half of the expected daily revenue collected per meter in the downtown based on total revenue and existing meter rates. The fees charged in the Downtown parking district would be remitted to the parking district fund, any parklets approved on the Wharf would be remitted to the Wharf fund and all other meter locations would be remitted to the general fund.

Additional parking revenue breakdown will be presented at the Council meeting for Council discussion.

Parklets in unmetered spaces would be charged an annual fee set at $5.88/sf, the same fee charged to existing café extension licensees for sidewalk dining. A typical parklet is around 350 square feet for two spaces which would result in an annual fee of approximately $2,058. While this amount is about half the annual fee for a metered parklet, the unmetered spaces are not collecting revenue and the intent of the fee is to recover the value for a private business to lease the public area for commercial use rather than recovering meter revenue replacement. Staff is also proposing a $250 annual renewal fee which would begin the second year of each permit and includes the cost for Economic Development staff to conduct annual inspections of parklets for compliance with the operational requirements. The proposed fees are not anticipated to fully cover the staff time to review the applications by both PW and ED.

Staff has provided a summary of Bay Area Cities Parklet Programs which includes information about the permit process and fees as a comparison. The City’s fees are comparable, but still below those charged by the City of Capitola and the City and County of San Francisco. The City of Burlingame’s annual fees are higher than the proposed fees for the City of Santa Cruz’s program when the monthly cleaning fee is combined with the annual per space fee.

Based on interest of existing temporary program permit holders, staff anticipates up to 28 downtown businesses will participate in the permanent program, utilizing an estimated 56 parking spaces. There are currently four businesses outside of the downtown utilizing parklets; two in metered spaces and two in unmetered spaces.

Staff has reviewed the potential to waive, modify, or offset fees and seeks further Council direction in this area. The temporary program has operated for just over two years at no charge to the participating businesses as a resource for business recovery during the pandemic and staff time has not been accounted for in the implementation and management of the program. With the

39.4 transition to the permanent program, the proposed program fees go towards the ongoing staff time to review and approve applications and the revenue replacement for the annual use of the parking spaces. From staff’s review of Bay Area cities’ programs, many jurisdictions are charging their full annual fees with some providing one-time waivers of application fees for businesses operating temporary parklets. While staff would like to recommend a first-year waiver of fees, we recognize the impact to the General Fund, parking fund and wharf funds are significant, totaling approximately $121,755 per year. A further discussion and recommendation on fee considerations will be provided to Council for discussion and consideration at the November 15th Council meeting.

Transition Period to Permanent:

Staff recommends setting an application date of March 31, 2023 for temporary parklet operators to apply for a permanent parklet permit to provide staff time to prioritize the review of applications and approve permits to enable construction and approval to operate the permanent parklet by the October 31, 2023 expiration of the temporary program in the public right-of-way.

All eligible businesses that want to operate a permanent parklet will be required to apply for a permanent parklet permit under the new program. Businesses operating existing temporary parklets will be permitted to keep their temporary outdoor dining in place while their permits are under review and they prepare for construction or retrofit. Temporary parklet operators who do not apply by March 31, 2023 will not be granted priority review and may not be able to complete their construction and final approval by the October 31, 2023 expiration date. After the October 31, 2023 deadline any remaining temporary parklets will need to be removed and only permanent parklets will be approved moving forward.

FISCAL IMPACT: The creation of the permanent parklet program will result in minimal replacement revenue to the parking district and General Fund. Based on interest of existing temporary program permit holders outside of the Coastal Zone, staff anticipates up to (28) businesses will participate in the permanent program utilizing an estimated fifty-six (56) parking spaces located in the Downtown parking district and one (1) business operating in unmetered spaces. The City would generate an estimated annual revenue of $121,755, partially covering lost metered space revenue and staff related expenses to process permits and annually inspect parklets.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Economic Development and
Housing Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE.DOCX

2. RESOLUTION ADOPTING PARKLET FEE SCHEDULE.DOCX

3. RESOLUTION ADOPTING THE PARKLET GUIDELINES.DOCX

4. PARKLET GUIDELINES.DOCX

5. SURVEY OF BAY AREA PROGRAMS.PDF

39.5 ORDINANCE NO. 2022-15
AN ORDINANCE OF THE CITY OF SANTA CRUZ ADDING CHAPTER 5.83 “PARKLETS” TO THE SANTA CRUZ MUNICIPAL CODE
WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions and later adopted Ordinance 2021- 14 on June 22, 2021, extending the expiration date for temporary outdoor expansions to December 21, 2021; and
WHEREAS, between June 2020 to today, over 100 businesses within the city of Santa Cruz have utilized the temporary outdoor expansion program for dining ; and WHEREAS, on August 24, 2021, the City Council directed staff to develop a program for permanent outdoor dining; and
WHEREAS, the proposed program for permanent parklets is intended to repeal SCMC

24.10.2341 governing outdoor curb extension areas and be replaced by adopting SCMC Chapter

5.38 with new standards and regulations to allow for parklets in the public right-of-way citywide; and
WHEREAS, with these new standards and regulations, the city of Santa Cruz aims to allow for streamlined approval of prototype street dining decks and aims to balance the desire for permanent outdoor dining in the public right-of-way with adequate public parking; and WHEREAS, the proposed addition of SCMC Chapter 5.38 to allow for permanent outdoor dining in the public right-of-way is exempt from the provisions of the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, sections 15301 and 15311.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

39.6 ORDINANCE NO. 2022-15
2 SECTION 1. Chapter 5.83 of the Santa Cruz Municipal Code is added as follows:
“Chapter 5.83 PARKLETS.

5.83.010 - Purpose.

The purpose of this chapter is to create design and operating standards and permit requirements for outdoor dining in the public right-of-way in order to enhance the pedestrian ambiance of the city’s commercial zone districts, encourage a sense of community, and foster economic development.

5.83.020 - Definitions.
(a) Business. “Business” means the business located on the property adjacent to the parklet. (b) Business Owner. “Business owner” means the owner of the business which is located on the property adjacent to the parklet.
(c) City. “City” means the city of Santa Cruz.
(d) Code. “Code” means the city of Santa Cruz Municipal Code, as may be amended. (e) Parklet Guidelines. “Parklet Guidelines” mean the standards and requirements promulgated by the Director of Economic Development consistent with this chapter regarding: parklet permitting, parklet design, size and location, fixtures and seating requirements, construction, operation, maintenance, relocation, removal, traffic and pedestrian safety and ADA accessibility.
(f) Director of Economic Development. “Director of economic development” means the director of economic development of the city of Santa Cruz or their designee. (g) Independent Hearing Officer. “Independent hearing officer” means the person designated by the city manager, or the city manager’s designee, to conduct an impartial hearing of an appeal under this chapter.
(h) Operating Standards. “Operating Standards” means the operating standards applicable to the parklets for its operation and maintenance as set forth in section 5.83.070 of this chapter, and as further specified in the Parklet Guidelines. (i) Parklet. “Parklet” means a street dining deck or similar level surface within the public right-of-way that extends beyond the curb and/or into a roadway or on-street parking area for use by an adjacent business as an outdoor dining area. (j) Parklet Permit. “Parklet permit” means the permit required prior to the construction, installation, final inspection and issuance of a certificate of approval, to authorize the use of the parklet as an outdoor dining area.

39.7 ORDINANCE NO. 2022-15
3 (k) Permit Officer. “Permit officer” is the city employee designated by the Director of Economic Development to issue the parklet permit under this chapter. (l) Platform. “Platform” is a street dining deck that functions as the floor of the parklet. (m)Property Owner. “Property owner” means the owner of the property where the business is located.
(n) Public right-of-way. “Public right-of-way” means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the city of Santa Cruz and in its jurisdiction.

5.83.030 - Applicability.

No person or entity shall construct, reconstruct, operate, modify, repair, maintain, relocate, or remove a new or existing parklet within the public-right-of-way, unless a parklet permit has been obtained or as otherwise required pursuant to this chapter.

5.83.040 - Parklet Guidelines
The applicant must comply with the guidelines, policies, and procedures for parklets promulgated by the Director of Economic Development consistent with this chapter, which include but are not limited to: parklet size and location, parklet construction requirements, traffic and pedestrian safety concerns, design features, platform size, platform safety, furnishing standards, and ADA accessibility.

5.83.050 - Parklet Permit Requirements.
(a) Application Process. Prior to issuance of a parklet permit, the business owner must complete a parklet permit application. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter and the parklet guidelines.
(b) Parklet Permit Application Fee. An application for a parklet permit shall be accompanied by a nonrefundable permit application fee in an amount approved by the city council. (c) Contents of Parklet Permit Application. The parklet permit application shall be submitted by the business owner, with written permission from the property owner, and filed with the economic development department on a form as approved by the economic development director, which shall require the applicant business owner to provide the following information:
(1) Name and address of the property owner and business owner. (2) The lease term, if applicable, of the business intending to operate the parklet. (3) A drawing of the proposed parklet design that complies with the parklet guidelines. (4) Other information that is required by the parklet guidelines and as may be required by the Economic Development Department related to the parklet consistent with this chapter, and in the interest of public health, safety, and welfare.

39.8 ORDINANCE NO. 2022-15
4 (d) Other Applicable Requirements. The following conditions of approval shall apply to all parklet permits:
(1) Comply with fire, safety, and emergency access requirements; (2) Comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 120101 et seq.) or successor statute, applicable labor laws, and all applicable health and safety requirements; (3) Agree to comply with the operating standards set forth in section 5.83.070 of this chapter;
(4) Provide proof of satisfaction of the insurance requirements as established by the city;
(5) Agree to indemnify, defend, and hold harmless the city and designated city agents for any claims arising out of the use, accessibility, and operation of the parklet or in any way related to the parklet permit;
(6) Present a valid city business license issued pursuant to chapter 5.04 of this code; (7) Demonstrate compliance with all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages, if applicable;
(8) Obtain all other applicable city permits, including but not limited to a concrete permit, an electrical permit, as part of the approval process for the parklet permit; and any other applicable regulatory approvals required by local, state, or federal agencies; and
(9) Comply with any additional conditions and restrictions as the permit officer deems necessary for the enforcement and administration of this chapter and to protect the public safety, health, welfare and enjoyment.
(e) Term of Parklet Permit. Unless otherwise indicated in the parklet permit, the term of the parklet permit shall be for one year. The parklet permit shall automatically renew on an annual basis upon inspection by the permit officer verifying permittee’s compliance with this chapter, unless written notice is provided by either the permittee or the city of the intent to terminate the parklet permit at least 120 days prior to the renewal date. Notwithstanding this annual renewal, the permit officer may require removal of the parklet pursuant to section 5.83.090, or may suspend, revoke, or deny the reissuance of a permit for any of the reasons set forth in 5.83.100.
(f) Annual Parklet Permit Fee. The permittee shall be charged a nonrefundable annual parklet permit fee in an amount approved by the city council.
(g) Modifications to Parklet. No modifications to the parklet after issuance of the parklet permit are allowed unless a new parklet permit application is submitted, and is reviewed and approved by the permit officer.

5.83.060 - Permit Approvals and Denials.
(a) Review Process. The department of economic development in consultation with the department of public works, fire department, and any other city department, as needed, shall review the parklet application to ensure compliance with the parklet guidelines and applicable laws consistent with this chapter.

39.9 ORDINANCE NO. 2022-15
5 (b) Decision. The permit officer shall approve, conditionally approve, or deny a complete application for a parklet permit.
(c) Required Findings. The parklet permit may be approved or conditionally approved by the permit officer based on findings that the application meets all of the following requirements:
(1) The application is deemed complete;
(2) The proposed parklet complies with all applicable parklet guidelines; (3) The applicant has agreed in writing to comply with the terms and conditions of the permit;
(4) All applicable fees have been paid;
(5) All other applicable requirements of this chapter have been satisfied; (6) The proposed construction plan and schedule will not unduly interfere with the public’s use of the public right-of-way;
(7) The proposed parklet is in compliance with all applicable local, state, and federal laws and regulations; and
(8) The proposed parklet does not pose a threat to public health, safety or welfare. (d) Conditional Approvals; Denials without Prejudice. Nothing in this chapter is intended to limit the ability of the permit officer to conditionally approve or deny without prejudice any application for a parklet permit as may be necessary or appropriate to ensure compliance with this chapter.
(e) Notice of Decision. The permit officer shall notify the applicant of the decision rendered on the parklet permit electronically by email or by first class mail. The decision notice shall include any conditions of approval or any reasons for denial. (f) Approval to Construct Parklet and Certificate of Approval. (1) The approval of the parklet permit authorizes the applicant to construct and install a parklet with a licensed contractor. The parklet permit may be revoked if construction does not begin within one year of the permit’s issuance absent a showing of good cause as determined by the city’s parklet guidelines.
(2) Upon completion of the construction and installation of the parklet, and satisfaction of a final inspection by the city and compliance with applicable building and health and safety requirements, the city will issue a certificate of approval. A certificate of approval shall be required before a parklet can be occupied or used. (3) The parklet permit may be revoked if the parklet does not pass final inspection, does not meet the requirements for a certificate of approval, and permittee does not correct the deficiencies in a timely manner as required by the city. (g) No Possessory Interest. The parklet permit grants the permittee a non-transferable revocable license to construct a parklet and operate in the parklet located in a designated encroachment area within the public right-of-way. The parklet permit does not entitle the permittee to any vested property rights or possessory interests. Compliance with the

39.10 ORDINANCE NO. 2022-15
6 requirements for a parklet permit will not require approval of a separate encroachment permit under chapter 15.34.
(h) Non-Transferable. Parklet permits are not assignable or transferable. A new parklet permit shall be required whenever the permittee is no longer associated with the operation or ownership of the parklet; or the permittee is deemed to have abandoned the parklet; or the parklet permit has been revoked.

5.83.070 - Operating Standards.
(a) Parklets shall comply with all operational requirements set forth in the parklet guidelines, including but not limited to:
(1) Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining areas.
(2) Outdoor dining is the only activity allowed in the parklet consistent with the business’ regular hours of operation; and in no event past 11:00 p.m. Parklets shall be closed or gated when not in use.
(3) Live entertainment and amplified sound is prohibited within the parklet. (4) Only those licensed by the Alcohol Beverage Control Board of the State of California and approved by the city may serve and allow on-premise consumption of alcoholic beverages in the parklet.
(5) Outdoor food preparation including but not limited to hotpots, barbecues, or other heating of food, is prohibited in the parklet. Open flame cooking is prohibited in the parklet.
(6) The permittee shall maintain the parklet and parklet area in a clean, sanitary, and attractive condition at all times. Elements that are visually or structurally degraded shall be replaced expeditiously.
(7) Parklets shall be maintained free of litter, refuse and debris. The permittee is responsible for furnishing and servicing at least one permanent trash receptacle in the parklet.
(8) The parklet platform shall be scrubbed and mopped daily to remove any food or drink stains. All cleaning shall be in accordance with the City’s Storm Water Best Management Practices.
(9) Permittee shall maintain and repair the parklet at its sole expense during its placement in the public right-of-way.
(10) The business owner shall submit a trespass Letter of Authority with the Santa Cruz police department prior to operation of the parklet. (11) Patrons of the parklet shall not be permitted to sit on or place food or drinks on the edges or railings of the parklet.
(12) Smoking is prohibited within parklets.
(b) Permittee must correct any failure to comply with any of the operational requirements or other parklet guidelines within a reasonable time period as specified by the city’s notice to take corrective action. If permittee fails to comply within the specified time the city may take any action it deems necessary, which may include the city performing the corrective action and charging permittee for any associated costs, including administrative costs and

39.11 ORDINANCE NO. 2022-15
7 attorneys’ fees; and the city’s right to revoke the parklet permit. Permittee has the burden to demonstrate compliance with this chapter.

5.83.080 - Inspection by Officials
(a) The parklet shall, at a minimum, be inspected annually by the economic development department, or other enforcement officials as necessary, for compliance with this chapter, any regulations promulgated pursuant to this chapter, and any permit conditions, to ensure that the parklet is maintained in good condition and does not create a nuisance to pedestrians or adjacent businesses. The city may conduct periodic safety inspections of the parklet and reserves the right to require adjustments or modifications to the parklet, or removal of any parklet elements, if the city, in the city’s sole discretion, determines that such elements are unsafe, poorly designed, create access issues, pose a public nuisance, pose a threat to public health, safety, or welfare, or do not comply with the permit conditions of approval.
(b) The permittee shall be charged an inspection fee as set by council resolution for inspections conducted pursuant to this chapter.

5.83.090 - City Authority and Removal of Parklet.
(a) The City shall at all times retain exclusive authority over the public right of way, including the parklet. The city shall have the right to perform any and all acts of construction and maintenance in the public right of way, including the parklet to advance public health, safety or welfare.
(b) The permittee, at their own expense, shall temporarily or permanently remove all parklet improvements and shall restore the public right-of-way to the standards of the public works department if one or more of the following circumstances exist:
(1) Upon reasonable prior notice to the permittee by the city, if the city determines that temporary or permanent removal is necessary for utility repair and maintenance, streetscape, for other improvements within the parklet location, or for any other reason that is in the interest of public health, safety, or welfare; (2) If the business ceases operation and/or if the parklet remains inactive or abandoned for a continuous period of 6 months or more within a one-year period; or (3) Upon the expiration, termination or revocation of the parklet permit. (c) In the case of situations involving immediate peril or hazard to the public health, safety or welfare based on the city’s discretion, the city may require permittee to remove the parklet and the city may also remove any of the parklet improvements without prior notice to the permittee. The permittee is responsible for the costs of removal, and the costs of reinstalling the parklet and restoring any damage to the parklet improvements if the city approves re-installing the parklet after the peril or hazard is no longer present.

5.83.100 - Denial, Suspension or Revocation of Parklet Permit. (a) The permit officer may deny, suspend or revoke the parklet permit or application for the parklet permit if one or more of the following circumstances exist:
(1) The applicant submits an incomplete application;

39.12 ORDINANCE NO. 2022-15
8 (2) The applicant has made a false, misleading, fraudulent or material misrepresentation in their application for a permit, in the information required to be submitted to the city, or in response to inquiries by the city; (3) The applicant has failed to obtain permission from the property owner to operate the parklet;
(4) The permittee expanded or altered the parklet from what was set forth in the parklet permit;
(5) The parklet has been abandoned for a continuous period of 6 months or more within a one-year period;
(6) The permittee fails to comply with any of the provisions of this chapter; (7) The parklet has become a host for a public nuisance or illegal activity or, poses a threat to public health, safety or welfare;
(8) The permittee has been issued a notice of violation or citation associated with the business or parklet;
(9) The permittee has violated local, state or federal law; (10) The permittee has breached any condition, requirement, or restriction of the parklet permit;
(11) Utility repair and maintenance, streetscape, utility or other improvements within or adjacent to the parklet are required, making the parklet not practical or feasible; (12) The parklet interferes with a city project which seeks to protect and promote public health, safety and welfare; or
(13) The parklet interferes with vehicular or pedestrian use of the public right-of-way. (b) If the permit officer denies, suspends or revokes a parklet permit, the permittee shall be informed in writing of the grounds for denial, suspension, or revocation, within ten (10) calendar days of such determination and the permittee shall cease operations in accordance with the notification provided to the permittee.

5.83.110 - Appeal Procedure.
(a) The permittee may appeal a decision of the permit officer to deny, revoke, or suspend a parklet permit. The permit shall be deemed to be suspended during the pendency of any appeal.
(b) An appeal must be initiated by submitting a written statement (signed under penalty of perjury) and payment of an appeal fee as set by city council resolution, to the city clerk within ten calendar days of the date of the notice of the permit officer’s decision. (c) The city manager, or the city manager’s designee, shall appoint an independent hearing officer to conduct an impartial hearing within twenty-one calendar days from the notice of appeal. The independent hearing officer shall be selected pursuant to the qualification and selection procedures established by the city manager for enforcement hearing officers under Title 4 of this code. Notice of the hearing shall be provided by the city clerk to the appellant not less than five days prior to the hearing date. Each party shall have the opportunity to present evidence in support of their case. The standard of proof shall be by a preponderance of the evidence. Thereafter, the independent hearing officer, in his or her discretion, shall consider the relevant evidence and the record of the matter, and determine

39.13 ORDINANCE NO. 2022-15
9 whether to affirm, set aside, or modify the decision appealed therefrom. Thereafter, the appellant shall be notified of the final decision via first class mail. The decision of the independent hearing officer, shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

5.83.120 - Enforcement.
(a) Violations of this chapter are hereby declared to be public nuisances, and any violation of this chapter may be remedied or prosecuted pursuant to Title 4 of this code. (b) If a code enforcement action results in the revocation or suspension of an active permit, then the appeal rights shall be as stated in section 5.83.110 above, and not through Title 4.

5.83.130 – Severability
If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 2. Environmental Review. The City Council finds and determines that the adoption of this ordinance is considered a “project” under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental review. Pursuant to Section 15061(b)(2), such an action may be exempted from environmental review if the City finds that the project is “exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.”
Accordingly, the City Council finds and determines that this ordinance is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15301, given that it would result in only minor alterations of existing public or private facilities that would negligible or no expansion of use. The ordinance is also categorially exempt under section 15311, as the ordinance allows only for the construction or placement of minor structures appurtenant to an existing commercial facility.

The categorical exemptions set forth above are not barred by an exception set forth in section 15300.2. The allowance of permanent outdoor dining in the public right of way will not have a significant cumulative impact over time, will not have a significant effect on the environment due to unusual circumstance, will not impact scenic highways, will not impact a hazardous waste site, and will not cause a substantial adverse change in the significance of a historical resource.

SECTION 3. Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 4. This ordinance shall take effect and be in force thirty (30) days after final adoption.

39.14 ORDINANCE NO. 2022-15
10 PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-15 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

39.15 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ADOPTING A FEE SCHEDULE FOR THE REGULATION OF PARKLETS TO BE PLACED

IN THE PUBLIC RIGHT OF WAY
WHEREAS, over the years, City departments have proposed, and the City Council has adopted various fees relating to the work of City departments; and WHEREAS, on April 25, 2017 the City Council affirmed its intent to set fees to recover reasonable costs of service and adopted a Unified Master Fee Schedule; and WHEREAS, it is in the public interest to ensure adequate fees are charged for processing permit applications and use of the public right-of-way to achieve the City’s cost recovery goals; and
WHEREAS, an ordinance has been introduced to add Chapter 5.83 to the Santa Cruz Municipal Code, which would establish a new permit process for parklets in the public right-of way; and
WHEREAS, the City staff reasonably estimated the staff time costs in processing permit applications for and inspections of parklets in the public right-of-way for compliance with the requirements of Chapter 5.83; and
WHEREAS, as a result of the parklet program, the City will also lose revenue from metered parking spaces and valuable unmetered parking spaces; and WHEREAS, the proposed Parklet Fee Schedule, attached as Exhibit A hereto, has been prepared by City staff after approximating the objectively reasonable costs associated with permitting and administering the parklets in the City’s public right-of-way and continued use of said parklets in the public right-of-way; and
WHEREAS, the creation of a funding mechanism is not a project as defined by the California Environmental Quality Act; and
WHEREAS, notice of the proposed fees was made available to the public for review within the City’s website prior to the public hearing on the proposed Parklet Fee Schedule in the manner set forth in California Government Code Section 66016(a); and WHEREAS, a public hearing was held by the City Council of the City of Santa Cruz on November 15, 2022 providing an opportunity for interested members of the public to make oral and/ or written presentations to the City Council regarding the proposed Parklet Fee Schedule; and NOW THEREFORE, BE IT RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings.

39.16 RESOLUTION NO. NS-XX,XXX
2 BE IT FURTHER RESOLVED that the City Council hereby finds and declares that:

1. The proposed fees in the Parklet Fee Schedule are: (a) not a tax; (b) for amounts that are no more than necessary to cover reasonable costs of governmental activity; and (c) allocated to payor in a manner by which those costs bear a fair and reasonable relationship to the payor’s burdens on or benefits received form the governmental activity.

2. The City Council hereby adopts the Parklet Fee Schedule, as shown in the attached Exhibit A to this Resolution, to recover the objectively reasonable costs incurred by the City related to the permitting of parklets and use of the parklets in the public right-ofway and in accordance with City rules and policies adopted by the City Council.

3. These fees shall be incorporated and added to the City’s Unified Master Fee Schedule and shall receive annual increases in January of each year based on the Consumer Price Index for All Urban Consumers for the San Francisco-Oakland-Hayward.

4. The Director of Economic Development and/or Director of Finance are hereby authorized to administer and take all action relating to the collection and processing of the fees on behalf of the City regarding this Resolution.

5. The adoption of this Resolution is not a project under the California Environmental Quality Act because it is the creation of a government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

6. The fees shall take effect thirty (30) days after the adoption of this Resolution, contingent on the adoption of the associated Ordinance adding Chapter 5.83 to the Santa Cruz Municipal Code.

PASSED AND ADOPTED this 15th day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

39.17 RESOLUTION NO. NS-XX,XXX
3 EXHIBIT “A”

PARKLET FEE SCHEDULE

1. Application Fee:
a. Preapproved and Retrofitted Parklet: $500
b. Custom Design Parklet: $500 + additional actual costs relating to processing the permit will be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

2. Economic Development Parklet Annual Inspection Fee: $250

3. Annual Permit Fee:
a. Annual Permit Fee for Metered parking spaces: $2,000 per space b. Annual Permit Fee for Unmetered parking spaces: $5.88 per square foot

4. Appeal Fee: $519

5. Additional Costs: To be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

39.18 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ADOPTING PARKLET GUIDELINES
WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions and later adopted Ordinance 2021- 14 on June 22, 2021, extending the expiration date for temporary outdoor expansions to December 21, 2021; and
WHEREAS, between June 2020 to today, over 100 businesses within the city of Santa Cruz have utilized the temporary outdoor expansion program for dining; and WHEREAS, on August 24, 2021, the City Council directed staff to develop a program for permanent outdoor dining; and
WHEREAS, at its regular meeting on October 25, 2022, the City Council voted to introduce for publication Ordinance No. 2022-15, establishing a permanent parklet program citywide and directed staff to return to Council no later than the second Council meeting in February 2023, with the Parklet Guidelines; and
WHEREAS, the proposed Parklet Guidelines provide parklet program details to guide businesses through the application process and further provides information on parklet permitting, parklet design, size and location, fixtures and seating requirements, construction, operation, maintenance, relocation, removal, traffic and pedestrian safety and ADA accessibility.

Santa Cruz City CouncilNovember 15, 2022

Santa Cruz City Council
November 15, 2022