Agenda packet — Santa Cruz City Council, January 24, 2023 (part 2 of 2)

PIN: _______________
Project Title: __________________________________________________________________ Requested Amount: ___________
Total Project Amount = requested amount /(1-0.25)) = _____________________ Total Match Required = total Project amount – requested amount = __________________ Match Table (add additional lines as necessary)
Source (e.g., name
of organization or
entity providing
match)
Type of
match (e.g.,
grant, inkind,
donation,
lost revenue,
etc.)
Category
(local
government,
state
government,
federal
government,
or private)
Amount Date Funds
available
Date Funds
Not
Available (if
applicable)
1 2
3 4
5 6
Obtain signatures of individuals that can authorize each source of match. Not all signatures need to be on the same copy of this form. Multiple copies of this form may be used to obtain signatures.

Match Source 1:
_____________________________________ __________________________________ Print name Signature
____________________________________________________ ______________________ Title and Organization Date
Match Source 2:
_____________________________________ __________________________________ Print name Signature
____________________________________________________ ______________________ Title and Organization Date
Match Source 3:
_____________________________________ __________________________________ Print name Signature
50646
City of Santa Cruz's San Lorenzo River Water Improvement Project $333,333
$1,333,333
$1,000,000
City of Santa Cruz in-kind staff time $333,333 upon grant award n/a Akin Babatola
Project Director, Water Quality, City of Santa Cruz 12/16/22

17.23 City of Santa Cruz’s San Lorenzo River Watershed Improvement Project FAAST PIN: 50646 1 Project Performance Measures Table
Project Goals Desired Project
Outcomes
Output
Indicators
Outcome Indicators Measurement
Tools and
Methods
Targets
Scope top priorities for
citywide contracts to
support safe
and clean community areas
and natural resource
restoration.

Contract engineering
firm for the design
and installation of
four continuous
deflective separation
(CDS) type devices
Installation of
CDS units at
four
predetermined
sites along San
Lorenzo River
Installation of 4 CDS
units reduces
incidences of TMDL
exceedances
Removal
efficiency %
when CDS units
are live
Pathogen
TMDL for San
Lorenzo
River
Environmental Stewardship:

Enforce existing
environmental protection
regulations
Eliminate causes of
human activity which
contribute to TMDL
exceedances rate
Presence of
persons
experiencing
homelessness
along the San
Lorenzo River
Monitoring; monthly
water sampling,
monthly unit
maintenance and
inspection; annual
water quality
reporting
TMDL
exceedances
including
average
concentration of
Nitrate
Pathogen
TMDL for San
Lorenzo
River
The provision of effective
care and support services,
including basic
hygiene, shelter and storage
facilities, will play an
integral role in breaking
the cycle of homelessness
and connecting unhoused
residents to the
support to work toward
permanent housing.

Minimum of 100
people living in
encampments along
the San Lorenzo River
receive outreach &
education (that leads
to behavioral results)
Field notes
from 1-1
Outreach
interactions
reflecting
education
given. Follow
up 1-1
outreach
interactions
memorializing
Elimination of
unsanctioned camps
within the City
Homeless
Management
Information
System database
tracking
Pathogen
TMDL for San
Lorenzo
River

17.24 City of Santa Cruz’s San Lorenzo River Watershed Improvement Project FAAST PIN: 50646 2 (Homelessness Response
Action Plan)
behavioral
result
Establishing effective care
and support services for our
community’s
homeless residents will be
essential to support their
efforts in securing
permanent housing. In
addition, managing local
habitat restoration will play
a vital role in protecting the
environment. (Homelessness
Response Action Plan)
Minimum of 50 people
living in
encampments along
the San Lorenzo River
are connected to
community-based
services and housing
navigation support
Expand City’s
outreach and
shelter team to
connect
unhoused
individuals
to County’s
continuum of
care and
permanent
supportive
housing.

Elimination of
unsanctioned camps
within the City
Homeless
Management
Information
System database
tracking
Pathogen
TMDL for San
Lorenzo
River

17.25 Treatment Sites with City GIS imagery
A. San Lorenzo @ Tait Street
(36.990943, -122.031401)
B. San Lorenzo @ Water Street
(36.978242, -122.0246)

17.26 C. Branciforte Creek @ Water St.
(36.980471, -122.018805)
D. Branciforte Creek @ Dakota Ave
(36.974577, -122.021599)

17.27 SLR TMDL probable treatment sitesCity of Santa Cruz ..
.. ··· . . . . . . .
,\. I '
- .
-
I
,./
'
/
, .
,.
0 1250 2500
I
5000 Feet
I

17.28 NPS Grant Program Guidelines
Environmental Clearance Checklist

1. List online below Lead Agency (or agencies if compliance needed for both CEQA and NEPA).

City of Santa Cruz

2. CEQA/NEPA Compliance: No (yes / no / both)
• Yes (if project has either a CEQA or NEPA document)
• No (If no, explain why the work is not a “project” as defined by CEQA and identify the section that supports this)
• Both (if project has both a CEQA and a NEPA document) The project will be on existing city infrastructure.

3. Record which type of environmental document will be submitted for the project.

N/A
• Initial Study/Negative Declaration (or Environmental Assessment/Finding of No Significant Impact for NEPA compliance)
• Environmental Impact Report (EIR) (or Environmental Impact Statement for NEPA compliance)
• Exemption (if categorical exclusions are used by a federal agency for NEPA compliance, include the list of that agency’s exclusions) • Categorical:
◦ Class:
• Statutory:
◦ Type of Action:

17.29 Eligibility Determination for 319 Grant, City of Santa Cruz Project: Installation of CDS-type devices for detaining nutrient bearing loads; solids and additional bacteria into the San Lorenzo River (SLR) within City limits.

See table(s) (below) for applicable sections of NPDES Stormwater Permit (NO. CAS000004) and the City’s Stormwater Management Plan(SWMP) that indicate this type of project is not required.

NPDES Permit Provision & Description Implementation/Requirement (summary) &
Eligibility info (shown in green)
E.11.f. Storm Drain System Assessment and
Prioritization
The Permittee shall develop and implement
procedures to assess and prioritize MS4 storm
drain system maintenance, including but not
limited to, catch basins, pipe and pump
infrastructure, above-ground conveyances,
including receiving water bodies within the
Permittee's urbanized area and detention
basins
Assess/prioritize storm drain system facilities
for cleanout – Assign a priority to MS4 storm
drain facilities within the Permittee's
urbanized areas based on accumulation of
sediment, trash and/or debris.

This section does not require our proposed
grant project.

E.11.g. Maintenance of Storm Drain System
The Permittee shall begin maintenance of all
high priority storm drain systems on an
ongoing schedule.

The Permittee shall begin maintenance of
storm drain systems according to the
procedures and priorities developed according
to this Section.

This section does not require our proposed
grant project.

E.11.h. Permittee Operations and
Maintenance Activities (O&M)
The Permittee shall assess their O&M
activities for potential to discharge pollutants
in storm water and inspect all O&M BMPs on
a quarterly basis.

Develop and implement a program to assess
O&M activities and subsequently develop
applicable BMPs.

This section does not require our proposed
grant project. The project is not a City O&M
activity.

E.11.i. Incorporation of Water Quality and
Habitat Enhancement Features in New Flood
Management Facilities
the Permittee shall develop and implement a
process for incorporating water quality and
Shall develop and implement a process to
incorporate water quality and habitat
enhancement features in the design of all new
and rehabilitated flood management projects
that are associated with the MS4 or that
discharge to the MS4.

17.30 habitat enhancement features into new and
rehabilitated flood management facilities.

This section does not require our proposed
grant project. This grant project is not a flood
management facility.

E.12. POST CONSTRUCTION STORM

WATER MANAGEMENT PROGRAM
Regulate development to comply with Site
Design Measures, Source Control Measures,
and LID measures.

Permittees shall regulate development to
comply Post Construction Stormwater
Management. This section does not require
our proposed grant project. This grant project
is not a “Regulated” development project.

E.13.b. TMDL Monitoring
All Permittees that are assigned a wasteload
allocation or identified as a responsible party
in a TMDL approved by the U.S. EPA where
urban runoff is listed as the source, shall
comply with the monitoring requirements
included in Attachment G
This section does not require our proposed
grant project.

E.14. PROGRAM EFFECTIVENESS

ASSESSMENT AND IMPROVEMENT
Identify and summarize BMP and/or program
modifications identified in priority program
areas
The Program Effectiveness Assessment and
Improvement Plan will assist the Permittee to
document compliance with permit conditions
and to adaptively manage its storm water
program and make necessary modifications to
the program to improve program effectiveness
at reducing pollutants of concern, achieving
the MEP standard, and protecting water
quality. The Program Effectiveness
Assessment and Improvement Plan shall
identify the strategy used to gauge the
effectiveness of prioritized BMPs and
program implementation as a whole.

Prioritized BMPs include BMPs implemented
based on pollutants of concern.

This section has some effectiveness
assessment elements such as reducing
pollutants of concern. Also, in previous E.14
reports the City did have one “CDS Unit
Maintenance” item. However, this item was
solely maintenance of a CDS unit that was
installed by another jurisdiction and was
located outside of the City jurisdiction. Also,
the CDS unit was removed by the other
jurisdiction in 2019 and is no longer
maintained by the City. The provision does
not require our proposed grant project.

17.31 E.15. TOTAL MAXIMUM DAILY LOADS

COMPLIANCE REQUIREMENTS
Comply with all approved TMDLs
(Attachment G)
Reporting on TMDL implementation
including:
(i) A description of BMPs implemented,
including types, number, and locations
(ii) An assessment of the effectiveness of
implemented BMPs in progressing towards
attainment of wasteload allocations within the
TMDLs’ specified timeframes
(iii) All monitoring data, including a
statistical analysis of the data to assess
progress towards attainment of wasteload
allocations within the TMDLs’ specified
timeframes
(iv) Based on results of the effectiveness
assessment and monitoring, a description of
the additional BMPs that will be implemented
to attain wasteload allocations within the
TMDLs specified timeframes
The City has not included CDS units for past
TMDL implementation. The provision does
not require our proposed grant project.

See table (below) for applicable sections of City’s Stormwater Management Plan (SWMP) that indicate this type of project is not required.

SWMP Item Description Eligibility info (shown in
green)
MO-4
Inspection, Cleaning, and
Repair of City Catch Basins
and Inlets

1. Clean 90% of catch basins
and inlets located in the
Downtown, Beach Flats, and
lower Ocean Street areas
annually in the Fall

2. Clean and repair 100% of
storm drains or catch basins
identified as clogged or nonfunctional annually in the fall or as soon as possible

3. After large storm events
during the wet season, inspect
90% of catch basins in the
Downtown, Beach Flats, and
lower Ocean Street areas and
re-clean them as needed.

These items are for
inspection, cleaning and
maintenance activities.

The item does not require
our proposed grant
project.

17.32 4) Inspect 50% of the catch
basins in the outlying areas of
the City annually and clean as
needed
MO-5
Inspection of Branciforte
Storm Water Conveyance
Channel and Trash Removal
As Needed

1. Annual inspection

2. Removal of 100% of large
trash and debris items.

This is an
inspection/maintenance
activity. The item does not
require our proposed grant
project.

MO-6
Clean Pump Stations Along
the San Lorenzo River
Clean twice per year (Spring
and Fall)
Additional cleanings, if needed,
during wet season after large
storm events
This is a maintenance
activity. The item does not
require our proposed grant
project.

MO-7
CDS Unit Maintenance

1. Clean twice per year in Fall
and Spring and

2. Inspect and clean, if
necessary, monthly during the
wet season
The CDS unit was
installed by another
jurisdiction and was
located outside of the City
jurisdiction. The CDS unit
was removed by the other
jurisdiction in 2019 and is
no longer maintained by
the City. The provision
does not require our
proposed grant project.

MO-8
Conduct Inspections of Storm
Drain Lines
TV or visual inspect the inside
of an average of 1,000 feet of
pipeline each year over a 5 year
period
This is an
inspection/maintenance
activity. The item does not
require our proposed grant
project.

MO-12
Repair and Rehabilitation of
Minor Storm Drain Lines
Repair or rehabilitate an
average of 100 feet of pipeline
per year over the 5 year permit
period
This is an
inspection/maintenance
activity. The item does not
require our proposed grant
project.

PC-2
Revise Mandatory Storm
Water BMPs/ Design
Standards Brochure

1. Revision to require more
effective BMPs to treat parking
lot runoff

2. Revision to clarify that all
development projects per
General Permit Attachment 4
will be subject to structural or
treatment control BMP
requirements

3. A process for project
applicants to follow to identify
This section does not
require our proposed grant
project. This grant project
is not a “Regulated”
development project.

17.33 structural or treatment control
BMPs that will effective in
removing a development
project’s pollutants of concern.

4. Revise in accordance with
new Hydromodification Control
Standards
MO-16
Implement Illegal Campsite
Clean-Up Program In City
Parks and Open Spaces
Target=Bacteria
Cleanup of illegal campsites at
the appropriate locations on an
annual basis
These are physical cleanups of homeless
encampments by City
staff crews. This section
does not require our
proposed grant project.

TMDL-1
Develop Additional BMPs as
Necessary in Conjunction
With The TMDL For Sediment
Target=Sediment
Additional BMPs and measures
This section does not
require our proposed grant
project.

TMDL-2
Develop Additional BMPs as
Necessary in Conjunction
With The TMDL For
Pathogens
Target= Bacteria
Additional BMPs and measures
This section does not
require our proposed grant
project.

17.34 Nonpoint Source (NPS) Pollution 319 Grant Information Fields

EXECUTIVE SUMMARY OF YOUR PROPOSAL
The summary should very briefly identify the water quality problem, the anticipated water quality and environmental benefits of the proposed work, and a very brief overview of the proposed work/approach:
(1,498/1,500 characters max)
The City of Santa Cruz is working collaboratively between Drinking Water, Stormwater & Homeless Response Teams to address pathogen TMDL in the San Lorenzo River (SLR) watershed, with 4 SLR sites identified as locations to install Continuous Separation Devices (CDS) units to address pollution for pathogen TMDL. A consultant will be engaged to produce the RFP for engineering/installation. The engineering firm is then responsible for confirming the predetermined sites, analyzing the CDS units’ size and flow rating need per site, creation of design plans and installation. As well, 1:1 outreach will be conducted with those experiencing homelessness living along SLR and its tributaries, while making education accessible on how to maintain easier access to hygiene and sanitation facilities. This ongoing engagement provides linkage to community resources and housing navigation supports for longer-term impacts. The project’s overarching goal is to more effectively reach pathogen TMDL that exists within the SLR watershed, particularly when compared to water quality monitoring data obtained these past 20+ years.

Overview:
• Initiation/Implementation of Drinking Water Source Assessments/Drinking Water Sanitary Surveys
• Development of a SLR Watershed Riparian Conservation Plan • Weekly patrol of riparian zones in priority drinking water source protection zones • Participation in natural resource-related homelessness outreach • CDS unit installation and measurement of water quality parameters Is the proposed project required by a National Pollutant Discharge Elimination System permit requirement, or will it contribute to compliance with a National Pollutant Discharge Elimination System permit?
No

SANTA CRUZ WATER DEPARTMENT (SCWD) WATERSHED PLANNING ELEMENTS (3,927/4,000 characters max)
Element 1: Identification of Causes and Sources
The City’s 2022 TMDL monitoring report demonstrates that bacteria concentrations from Branciforte Creek into the SLR are very high and exceed TMDL threshold limits. Bacteria levels generally increase as the SLR courses through the City to the lower section of the watershed and estuary. Homeless encampments increase the concentration of microbial and particulate contaminants in streams, and are identified as a source contributing to water quality objective violations in the SLR Pathogen TMDL.
• San Lorenzo Valley and North Coast Watersheds Sanitary Survey for SCWD and SLVWD 2018
• Monitoring of Waterborne Indicator Bacteria, Sediments and Nutrients within Surface Waters San Lorenzo River, Branciforte Creek, and Carbonera Creek. City of Santa Cruz. 2022.
• Total Maximum Daily Loads for Pathogens in San Lorenzo River Watershed Waters, CA Regional Water Quality Control Board Central Coast Region, Santa Cruz County, California 2009

17.35 • San Lorenzo River Total Maximum Daily Load for Sediment. CA Regional Water Quality Control Board. 2002.
• TMDL for Pathogens in San Lorenzo River Watershed May 8, 2009 Element 2: Expected Load Reductions

1. Bring bacteria levels down to REC-1 levels

2. Reduce nutrients inflow at installation to levels that will not sustain high levels of bacteria

3. Reduce nutrients and solids into San Lorenzo River by 40-60% at each of the project's CDS device locations.
o Jensen Deflective Separator Performance Summary. Jensen Stormwater Systems o CDS® Hydrodynamic Separator Operation, Design, Performance and Maintenance Guide
Element 3: Management Measures
The four critical areas identified as SLR TMDL treatment sites within the City of Santa Cruz.

1. San Lorenzo Valley and North Coast Watersheds Sanitary Survey for SCWD and SLVWD 2018

2. Monitoring of Waterborne Indicator Bacteria, Sediments and Nutrients within Surface Waters San Lorenzo River, Branciforte Creek, and Carbonera Creek. City of Santa Cruz. 2022

3. Homeless Action Plan, City of Santa Cruz
Element 4: Technical and Financial Assistance
Water Quality, Storm Quality, Homelessness Outreach Specialists • Storm Water Technology Fact Sheet Hydrodynamic Separators. EPA Stormwater Committee Guidance, Municipal Technology Branch. 1999
• Jensen Deflective Separator Performance Summary. Jensen Stormwater Systems • CDS® Hydrodynamic Separator Operation, Design, Performance and Maintenance Guide Element 5: Information/Education
o Homeless Action Plan, City of Santa Cruz
Element 6: Schedule
o Homeless Action Plan, City of Santa Cruz
Element 7: Measurable Milestones
Please view “Project Performance Measures Table”
• Homeless Action Plan, City of Santa Cruz
• San Lorenzo Valley and North Coast Watersheds Sanitary Survey for SCWD and SLVWD 2018
Element 8: Evaluation of Progress
• Measure by volume and/or weight the trapped trash and the river sediment collected in the CDS during monthly scheduled CDS maintenance service • On a monthly basis, measure water quality at:
1) CDS sites; 2) At SLR overall
• Total Maximum Daily Loads for Pathogens in San Lorenzo River Watershed Waters, CA Regional Water Quality Control Board Central Coast Region, Santa Cruz County, California 2009

17.36 • San Lorenzo River Total Maximum Daily Load for Sediment. CA Regional Water Quality Control Board. 2002
• TMDL for Pathogens in San Lorenzo River Watershed May 8, 2009 • San Lorenzo Valley and North Coast Watersheds Sanitary Survey for SCWD and SLVWD 2018
Element 9: Monitoring
The multi-pronged criteria, as established in Element 8, enables the monitoring component deemed necessary to accurately evaluate the effectiveness of implementation efforts over time. • San Lorenzo Valley and North Coast Watersheds Sanitary Survey for SCWD and SLVWD 2018
• Monitoring of Waterborne Indicator Bacteria, Sediments and Nutrients within Surface Waters San Lorenzo River, Branciforte Creek, and Carbonera Creek. City of Santa Cruz. 2022
Does the proposed project address Post-Fire Recovery?
☐ Yes
☒ No
Identify the NPS Program Preference(s) described in Section H of the 2023 NPS Grant Program Guidelines that this project will address: (942/1,000 characters max) • Establish, re-establish, rehabilitate, and/or enhance riparian aquatic habitat to improve watershed functions and support beneficial uses (e.g., cold freshwater habitat, warm fresh water habitat, estuarine habitat, wildlife habitat, rare threatened or endangered species-migration, spawning, reproduction and/or early development and sport fishing). • Establish and utilize function-based wetland and riparian assessment protocols (e.g., CRAM, RipRAM, Bioassessment) to prioritize and evaluate effectiveness of project sites in protecting and enhancing water quality and anadromous fish habitat or to provide compliance assistance.
• Monitor discharge and/or ambient water quality at or adjacent to CWA section 319(h) funded project sites to demonstrate project outcomes (e.g., determine the effectiveness of practices in improving water quality, document habitat condition improvement, and confirm the attainment of water quality standards).

Adopted/Nearly Adopted TMDL
If submitting a proposal for Impaired waters, please identify the adopted or nearly adopted TMDL including the water body and pollutant that this project will address:

Fecal coliform concentration, based on a minimum of not less than five samples for any 30-day period, shall not exceed a log mean of 200 MPN per 100 mL, nor shall more than 10 percent of samples collected during any 30-day period exceed 400 MPN per 100 mL. The USEPA recommends E. coli not exceed a geometric mean of 126 CFU per 100 mL, generally based on not less than five samples spaced over a 30-day period. The USEPA recommends enterococci not exceed a geometric mean of 33 CFU per 100 mL in freshwater and 35 CFU per 100 mL for marine waters, generally based on not less than five samples spaced over a 30-day period.

Specific pollutants the project will address:

1.Solids (unit capture)
a.TSS

2. Trash (unit capture)

3. Nutrients in water (outside of unit in water)

17.37 a. Bacteria
i. Total coliforms,

1. Fecal coliforms

2. Enterococci
b. HF183
c. Caffeine
Did you contact and consult with the Regional Board NPS Grant Coordinator prior to submitting this proposal?
☒ Yes
☐ No
If yes, please identify the Regional Board NPS Grant Coordinator you worked with:

Katie McNeill
Identify the Regional Water Board(s) where your project is located. In addition, provide the names and 12-digit hydrologic unit codes (HUC-12) for the watershed(s) in which this project will be located: (383/1,500 characters max)
The San Lorenzo River watershed located at the hydrologic unit code (HUC-18060015) is a 138- square mile area located along the Central Coast of California and drains from the Castle Rock area of Summit to the north, Ben Lomond Mountain on the west, and the Branciforte area on the eastside down to the Pacific Ocean at the north end of Monterey Bay by the Santa Cruz Beach Boardwalk.

Does the proposed project address High-Quality Waters?
☐ Yes
☒ No
Are you a party to a current or pending legal challenge to any State Water Board or Regional Water Board regulation or order, which either requires performance of the project or whose terms or conditions would be satisfied in whole or in part by performance of the project? ☐ Yes
☒ No
Have you or any cooperating entity entered into a contract or grant agreement: (1) that was terminated; (2) in which funds were withheld by the State Water Board; or (3) that has been the subject of an audit in which there were findings regarding the management of the project or funds by the applicant or a cooperating entity? ☐ Yes
☒ No
In the last 10 years, have you received or applied for, or are you planning to apply for, partial or full grant funding from the State Water Board or other agencies for this project or a project directly related to the proposed project?
☐ Yes
☒ No

17.38 COASTAL WATERSHED COUNCIL
107 Dakota Ave., Suite 4, Santa Cruz, CA 95060 · (831) 464-9200 www.coastal-watershed.org
December 9, 2022
Shanta Keeling
California Regional Water Quality Control Board Central Coast Region 895 Aerovista Pl. Suite #101
San Luis Obispo, CA 93401
Re: Letter of Commitment
Dear Miss. Shanta Keeling,
I’m writing this letter in support of the City of Santa Cruz’s application to the 2022 Nonpoint Source Grant Program. The Coastal Watershed Council (CWC) is a 501(c)(3) nonprofit based in Santa Cruz, CA. The sole focus of our work is the revitalization of the San Lorenzo River, a key watershed that supports threatened and endangered species, provides our community with the majority of our drinking water and creates a recreation corridor in nature in the heart of our downtown business district and diverse riverside neighborhoods.

The program outlined by the City of Santa Cruz to conduct direct 1-on-1 outreach and education efforts with persons experiencing homelessness living along the San Lorenzo River and its tributaries is essential to reduce and mitigate the effects of nonpoint source pollutants in this key waterway. A fundamental component of any program of this sort is to provide education on how/where to access appropriate sanitation/hygiene facilities and community resources and housing supports so that they can secure shelter out of waterway areas and in order to mitigate impacts to sensitive riparian areas.

CWC is prepared to provide our partnership and support to ensure the success of this effort.

The City of Santa Cruz’s efforts will build upon the successful efforts CWC has piloted with our partners at the Downtown Streets Team to engage people experiencing homelessness in education and stewardship activities at the lower San Lorenzo River on a weekly basis since November 1, 2022.

Moreover, this pollution reduction activities have repeatedly been prioritized by residents of neighbors directly along the lower, urban San Lorenzo River – communities which have been defined by the California Department of Water Resource to be Severely Disadvantaged. By supporting the City of Santa Cruz’s 2022 Nonpoint Source grant application, you will not only improve water quality in a key Central Coast watershed, but also support the unhoused and housed residents along its banks most in need of support.

Sincerely,
Laurie Egan
Executive Director

17.39 Shanta Keeling December 14, 2022
California Regional Water Quality Control Board
Central Coast Region
895 Aerovista Pl. Suite #101
San Luis Obispo, CA 93401
Dear Ms. Keeling,
Homelessness severely impacts the health and quality of life of those living without homes and the entire community. The County of Santa Cruz, in conjunction with the City of Santa Cruz, recognize the need for strong collaborative action to ensure all county residents have stable, safe, and healthy places to live. In 2019, the County and the City of Santa Cruz created the Housing for a Healthy Santa Cruz County Strategic “Framework” using a collaborative process that draws from the experience, knowledge, and input to include a broad set of community stakeholders including nonprofits, County Departments, and people with lived experiences of homelessness. This Framework involves the careful review of current local efforts and data on homelessness, along with an evaluation and discussion of how homelessness is directly related to public health.

As a result, the County of Santa Cruz is fully committed to supporting the City of Santa Cruz’s proposal submission to California Regional Water Quality Control Board, entitled Total Maximum Daily Loads for Pathogens in San Lorenzo River Watershed Waters. We will help with providing the following services, as necessitated by this project:
• Conduct direct one-on-one outreach with persons experiencing homelessness living along San Lorenzo River and its tributaries, while making education accessible on how to maintain easier access to hygiene and sanitation facilities.

Expected Outcome – Minimum of 100 people living in encampments along the San Lorenzo River receive outreach and education that leads to behavioral results. • Conduct direct 1-on-1 outreach with persons experiencing homelessness living along San Lorenzo River and its tributaries to provide linkage to community resources/housing navigation supports for further reaching impacts.

Expected Outcome – Minimum of 50 people living in encampments along the San Lorenzo River are connected to community-based services and housing navigation support.

This exciting funding opportunity enables both the County and the City of Santa Cruz with facilitating significant and meaningful outreach for those experiencing severe homelessness in watershed areas, thereby providing the required resources and education accessibility requisite to successfully achieving anticipated behavioral outcomes (e.g., change in hygiene practices, substantial connections to housing). In other words, your generous support will enable our collective framework with developing a more robust profile of those experiencing homelessness in local areas. This input will also make it possible for the Framework to outline final coalition action steps that ultimately, can aid in enabling a 50% reduction of unsheltered and overall homelessness countywide by January 2024.

Ms. Keeling, should any questions arise on your end, please do not hesitate to contact Sierra at (831) 454-3133 and Robert at (831) 454-4925 or via email [email protected] and [email protected].

With much gratitude,
Sierra Ryan, Water Resources Program Manager Robert Ratner, Housing for Health Division Director

17.40 CITY OF SANTA CRUZ • HOMELESSNESS RESPONSE ACTION PLAN | 1

CITY OF SANTA CRUZ
Homelessness
Response
Action Plan

17.41 VALUES

ACTION AREAS
Our City’s response to homelessness centers on:

OUR COMMITMENT
In Santa Cruz, homelessness response will:

Balance individual needs and community
impacts from prevention to exit.

City of
Santa Cruz
Action Areas
Community
Safety
Permanent
Aordable &
Supportive Housing
Building Capacity
& Partnerships
Care &
Stewardship
Basic Support
Services
Health
Safety
Collaboration
Transparency
Economic Vitality
Fiscal Responsibility
Practicality
Resource Stewardship

17.42 CITY OF SANTA CRUZ • HOMELESSNESS RESPONSE ACTION PLAN | 3

ACTION AREAS & GOALS

BUILDING CAPACITY & PARTNERSHIPS
Effective homelessness response requires a holistic approach. These activities focus on an organizational response to homelessness and housing instability, including greater internal coordination and alignment of services and expanding our and our partners’ overall capacity and effectiveness.

Program Administration
• Create and launch three-year action plan, including how to use $14 million in state aid.
• Increase response capacity through integrating citywide services and adding a full-time, dedicated team.
• With the County, develop a roles and responsibilities matrix. • Partner with community-based organizations to expand regional capacity to address homelessness.
• Collect and share critical data, systems and metrics with the County and community-based organizations.

Legislative Action
• Develop annual targeted state and federal legislative asks for policy reform and funding related to substance use disorder, mental health, and homelessness response.
• Lead effort to build a statewide coalition of municipalities for legislative changes and funding.

Financial Responsibility
• Identify and cultivate additional revenue streams.
• Create a standardized process requiring detailed financial impacts for any new homelessness response services, ordinances, and policies.
• Develop estimating tools to help generate cost calculations for homelessness support services.
• Re-engineer for integrated, citywide services and deliver a transparent and sustainable homelessness response budget by June 2023.

17.43 CITY OF SANTA CRUZ • HOMELESSNESS RESPONSE ACTION PLAN | 4

BUILDING CAPACITY & PARTNERSHIPS
Community Engagement
• Build a task force of community and business partners to work collectively on homelessness response solutions for the City. • Share important updates and information through City
communications channels.
• Deliver quarterly updates at Council meetings.
• Provide opportunities for community input and engagement on specific projects.

ACTION AREAS & GOALS

PERMANENT AFFORDABLE
& SUPPORTIVE HOUSING
Santa Cruz is a leader in proactive and innovative approaches to expanding permanent affordable and supportive housing.

Affordability and availability are two of the most significant contributors to our region’s homelessness crisis. These actions will advance the City’s longstanding commitment to expand housing opportunities in our community.
• Meet or exceed regional housing needs requirements of low- and very low-income categories over the next three years by issuing the target number of housing permits.
• Champion federal, state, and local policy updates to facilitate more housing opportunities in Santa Cruz.
• Work with partner agencies to deliver a plan for Coral Street campus and navigation center and acquire needed properties.
• Collaborate with the County on housing readiness support to aid those transitioning into permanent supportive and permanent housing. • Develop recommendations for ongoing tenant counseling, landlord support, and rental assistance.

17.44 CITY OF SANTA CRUZ • HOMELESSNESS RESPONSE ACTION PLAN | 5

ACTION AREAS & GOALS

BASIC SUPPORT SERVICES
The provision of effective care and support services, including basic hygiene, shelter and storage facilities, will play an integral role in breaking the cycle of homelessness and connecting unhoused residents to the support to work toward permanent housing.
• Collaborate with the County and other local cities to identify 20 new locations for sheltering within the County of Santa Cruz. • Develop a phased plan to address all levels of sheltering: emergency, transitional, and permanent.
• Eliminate unsanctioned camps within the City.
• Establish safe parking programs, including at least one location with direct services aimed at connection to permanent housing. • Create a proper waste disposal program for recreational vehicle owners. • Produce or partner to provide storage for unhoused persons, focusing on easy access, co-located in same space as sheltering.
• Develop standardized hygiene service models and plan for expansion.

CARE & STEWARDSHIP
Establishing effective care and support services for our community’s homeless residents will be essential to support their efforts in securing permanent housing. In addition, managing local habitat restoration will play a vital role in protecting the environment.

Providing Care
• Develop recommendations and work with the County to optimize Cityfunded mental health and substance use disorder response resources. • Expand City’s outreach and shelter team to connect unhoused individuals to County’s continuum of care and permanent supportive housing. • Collaborate with County to develop an easy-to-understand, consolidated guide individuals can use to connect to services.
• With the County partners, explore authorizing Laura’s Law to bring courtordered community treatment for individuals with a history of violence or repeated hospitalizations to the County.
• Partner with community-based organizations to create more transitional employment programs, including expansion of Downtown Streets Team.

17.45 CITY OF SANTA CRUZ • HOMELESSNESS RESPONSE ACTION PLAN | 6

ACTION AREAS & GOALS

CARE & STEWARDSHIP
Organizational Stewardship
• Identify and scope top priorities for citywide contracts to support safe and clean community areas and natural resource restoration. • Adjust City job descriptions to include homelessness response duties, including the creation of a dedicated resource and land management team.
• Develop near-term organizational models for homelessness response by July 2022 and adapt as needed for successful long-term operations.

Environmental Stewardship
• Close San Lorenzo Park Benchlands to camping and restore impacted area. • Partner with community groups for restoration of affected habitats throughout the City.
• Enforce existing environmental protection regulations and address emergent issues through pursuing new regulations.

COMMUNITY SAFETY
Through key partnerships with the County and local agencies and the creation of new response models, we will work to keep Santa Cruz a safe environment for all.
• Equitably enforce criminal behavior by coordinating with County judiciary and other local agencies.
• Communicate requirements and operational plans for Oversized Vehicle and Camping Services and Standards Ordinances.
• Update deployment model for Santa Cruz Police and County staff for homelessness engagement and outreach.
• Partner with downtown businesses to develop a community safety strategy, including expansion of community service officer program. • Work with the County to assess, prioritize and develop collaborative court programs.

17.46 1
Bonnie Bush
From: Barbara Riverwoman <[email protected]>
Sent: Saturday, January 21, 2023 6:46 PM
To: City Council
Cc: Fred Keeley; Sandy Brown
Subject: Council Meeting Item #17
January 21
Dear Council Members,
I am very happy that the staff has secured a grant to improve the water quality of our watershed. This is good not only for humans but also for fish, birds and other wildlife that depend on clean waterways for their survival.

Nonetheless, I was very disappointed to see that the main focus of the planned work seemed to be the education of a very small portion of our unsheltered homeless community. The application states that the plan is for homeless outreach specialists to conduct "direct 1-on-1 outreach with 100 persons experiencing homelessness (among 1058) living along four sites on the San Lorenzo River and its tributaries and provide education on accessing hygiene, sanitation facilities and provide linkage to community resources and housing navigation supports. I would think that unhoused people need adequate sanitation facilities provided for them, not information on where to access these facilities.

I would like to request that this item be pulled from the Consent Agenda and discussed by the Council. I would ask that the departments that made the recommendation should explain why they have chosen this solution to possible river pollution when it has not yet been determined what is the major contributor to pollution of the San Lorenzo River.

Part of the reported pollution near last year’s centrally located Benchlands was no doubt caused by shockingly inadequate sanitation facilities (toilets, running water, trash cans, trash bags). This failure occurred even though the location made it much easier to provide sanitation services than the areas targeted in the grant application. These areas tend to be remote from the roads, making it very difficult to provide regular service to encampments. I think it is a bit of a stretch to argue that, in the best scenario, pursuing the very difficult goal of educating and moving 100 unsheltered homeless people into regular housing (an admirable goal) is the best way to spend money intended to support the clean-up of our waterways in compliance with the Clean Water Act.

I think strict legal enforcement of no camping zones in the riparian corridor of the San Lorenzo should be the preferred way of protecting the cleanliness of the river and the integrity of the wildlife habitat. We must find ways to provide housing for the homeless that does not degrade our wildlife habitat and waterways. And, therefore, we must provide safe camping spaces away from sensitive natural areas.

We should not conflate solving the homelessness problem with providing clean water to our community.

I know this is a difficult and complex subject, and there are no easy answers. Collaboration between Public Works and other department is good. But my gut reaction is that the City is not serious about protecting wildlife habitat along our River, and not serious enough about providing safety and services for our homeless population.

With all due respect, this grant proposal seems to me to be an inadequate response to both situations, though surely well intended. I apologize for perhaps undue negativity, but I care a lot about wildlife habitat and feel very sad about the devastation of our natural habitat, as I do about the tragic situation facing the unsheltered.

17.47 2
Our riparian habitat as well as our waterways need strong legal protections. Such legal enforcement would also preclude the expense of installing four water monitoring devices near the campsites.

Our waterways need a broad‐based non‐point source (NPS) solution, including erosion control, waste disposal facilitation, riparian restoration, permeable driveways, water barrels, etc. Should these not be our priorities if we are concerned about the cleanliness of our water.

If this proposal is approved by the Council, I hope that it will, at the very least, include adequate sanitation services an appropriate distance away from the river for the 100 campers involved — until such time as they are housed.

Sincerely,
Barbara Riverwoman
[email protected]

17.48 1
Bonnie Bush
From: Fred Keeley
Sent: Monday, January 23, 2023 11:42 AM
To: Barbara Riverwoman; City Council
Cc: Sandy Brown
Subject: RE: Council Meeting Item #17
Ms. Riverwoman,
Thank you for your very thoughtful email regarding Item 17 on our agenda. Lot’s to unpack here. I agree with your basic assumption that this grant will not solve the entire problem associated with clean waterways. When I was a Santa Cruz County supervisor (1988‐1996), the County of Santa Cruz conducted numerous studies regarding the role of failing and inadequate septic systems and associated leach fields in the San Lorenzo River watershed. Among other findings, were the major impact such systems have on water quality downstream.

Another issue is the degree to which some folks experiencing homelessness will engage in the protection of our waterways. The Ross camp and the Benchlands camp at least raise serious questions in this regard.

Pleased to consider the right course of actions here.

Again, thank you for your correspondence.

Fred Keeley
From: Barbara Riverwoman <[email protected]>
Sent: Saturday, January 21, 2023 6:46 PM
To: City Council <[email protected]>
Cc: Fred Keeley <[email protected]>; Sandy Brown <[email protected]> Subject: Council Meeting Item #17
January 21
Dear Council Members,
I am very happy that the staff has secured a grant to improve the water quality of our watershed. This is good not only for humans but also for fish, birds and other wildlife that depend on clean waterways for their survival.

17.49 2
Part of the reported pollution near last year’s centrally located Benchlands was no doubt caused by shockingly inadequate sanitation facilities (toilets, running water, trash cans, trash bags). This failure occurred even though the location made it much easier to provide sanitation services than the areas targeted in the grant application. These areas tend to be remote from the roads, making it very difficult to provide regular service to encampments. I think it is a bit of a stretch to argue that, in the best scenario, pursuing the very difficult goal of educating and moving 100 unsheltered homeless people into regular housing (an admirable goal) is the best way to spend money intended to support the clean-up of our waterways in compliance with the Clean Water Act.

We should not conflate solving the homelessness problem with providing clean water to our community.

Our riparian habitat as well as our waterways need strong legal protections. Such legal enforcement would also preclude the expense of installing four water monitoring devices near the campsites.

Sincerely,
Barbara Riverwoman
[email protected]

17.50 1
Bonnie Bush
From: Susan Cavalieri <[email protected]>
Sent: Monday, January 23, 2023 1:04 PM
To: City Council; [email protected]
Cc: Bonnie Bush
Subject: Item 17 on the consent agenda for 1/24/23
Dear City Councilmembers and Mayor Keeley,
I request that item 17 be pulled from the consent agenda on 1/24/23 because of questions regarding the water testing plan.
 Will the results of the fecal contamination testing be correlated with river flow rates and the number of people living in close proximity to the water at each site?  If there is evidence of human fecal contamination will there be a plan to permanently move people to camps further away from the river or to permanent housing?
 Will sanitation facilities be provided and maintained daily at all camping sites? Thank you,
Susan Cavalieri
Santa Cruz

17.51 City Council

AGENDA REPORT
DATE: 01/11/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Water
SUBJECT: Award of Professional Services Agreement to Weck Laboratories for Laboratory Analytical Services (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute an agreement with Weck Laboratories, Inc. (City of Industry, CA) for Laboratory Analytical Services in a form approved by the City Attorney and authorizing the Water Director to execute contract amendments within the approved budget.

BACKGROUND: The Water Quality Laboratory (WQL) is a California Environmental Laboratory Accreditation Program certified drinking water laboratory and is responsible for carrying out compliance testing and sampling activities to meet the requirements of State and Federal drinking water regulations. The WQL collects and analyzes over 100 distribution system samples and 15 raw source water samples per month to ensure that water delivered to Water Department customers meets or exceeds State and Federal standards.

To ensure that the City’s needs are being met fairly under current market conditions, it is best practice to resolicit proposals for services every few years. In order to support the diverse testing requirements of State and Federal drinking water regulations and Water Department projects, the WQL decided it was in the best interest of the City to solicit proposals for laboratory analytical services.

DISCUSSION: On November 4, 2022, the Water Department formally advertised a Request for Proposals (RFP) soliciting proposals from laboratories that provide water quality analytical services. The RFP process included distribution and outreach to local laboratories and the issuance of one Addendum in response to questions submitted by the prospective laboratory.

Five proposals were received, and one was deemed non-responsive. The remaining four proposals were reviewed, evaluated, and scored in accordance with the criteria outlined in the RFP. Weck Laboratories, Inc. was identified as the most qualified laboratory and contract negotiations are nearly complete with them. A draft of the Professional Services Agreement and the final RFP Tabulation document are included as attachments to this staff report.

FISCAL IMPACT: Approximately $200,000 will be needed each fiscal year for the term of the agreement. Funds are available in the Water Department’s FY 2023 operating budget, Fund 711, and will be budgeted in each subsequent fiscal year.

18.1 Prepared By:

Lindsay Neun
Water Quality Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT.PDF

2. RFP TABULATION.PDF

18.2 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 1

PROFESSIONAL SERVICES AGREEMENT FOR

LABORATORY ANALYTICAL SERVICES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Weck Laboratories, Inc. (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 2023 (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, security and safety of 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 will be the sole judge of acceptable work, provided that such approval 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.

18.3 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 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 $DOLLAR 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 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 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 shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees
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.

SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION

18.4 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 3
The term of this Agreement shall be on the effective date of this Agreement and terminating on January _____ 2026 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.

The Work Schedule for completion of the work shall be as shown upon Exhibit A. 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. The Parties therefore agree that time is of the essence in the performance of this Agreement.

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, 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 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. 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 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

18.5 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 4
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 expense, including attorneys’ fees and costs (“Losses”) 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. Consultant’s obligation to defend shall arise 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 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

18.6 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 5
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.

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.

18.7 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 6

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. 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. 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 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 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 expenses (including reasonable attorneys’ fees and costs) arising out of a claim of 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.

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 information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” 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

18.8 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 7
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 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 (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. 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

18.9 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 8
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. Consultant further agrees to comply with the covenant 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 all applicable 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;

18.10 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
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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 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.

18.11 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 10

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 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. Mail, in which case notice shall be deemed delivered on the 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
Lindsay Neun, Water Quality Manager
715 Graham Hill Road
Santa Cruz CA 95060
[email protected]
To CONSULTANT:

Weck Laboratories, Inc.

Agustin Pierri
14859 Clark Avenue
City of Industry, CA 91745
[email protected]/ (626) 336-2634
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]

18.12 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 11
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: __________________

WATER DEPARTMENT
By: _____________________________ Date: _________________ Rosemary Menard
Water Director

CONSULTANT
By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________

18.13 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 12
EXHIBIT A: SCOPE OF WORK
The project includes furnishing all sample containers, sample analysis, and analysis report preparation and delivery for the City of Santa Cruz Water Quality Laboratory in accordance with the schedule and procedures described herein. The Vendor will provide testing services on all waters (source, drinking, surface, ground, and storm), for the parameter(s) to be determined by the City. Most samples to be tested will be collected and shipped to the Vendor by the City.

All work shall comply with all applicable governmental regulations, project specific quality standards and accepted good practice for the type of work being performed.

Task 1 – Project Coordination
• Vendor shall coordinate with the City to ensure that all scheduling of analysis meets project specific requirements and regulatory deadlines.
• Vendor shall designate a primary point of contact and two (2) alternate contacts within the organization, including emergency telephone numbers and email addresses. • Special samples may be provided by the Water Quality Laboratory at any time, and Vendor shall conduct testing and reporting on special samples on weekends, holidays, and after normal business hours as needed.

Task 2 – Sampling Materials as Needed
• Vendor must have the ability to supply sample bottles and materials for collection and handling of samples, including sample bottle kits and properly sized ice chests. • Deliver the custom sample bottle kits to the Water Quality Laboratory or to the requested sampling location.

Deliveries shall be made no later than the day before the scheduled sampling. • Provide the City with disinfected sample coolers and preservatives for sample collection and transport.

Task 3 – Sample Pick-up/Shipping
• Provide courier services for the pick-up and delivery of samples to the laboratory facility, including the deadlines for overnight shipments. Samples shall be picked up and delivered as requested, typically MondayFriday 7:00 a.m.-5:00 p.m. Pacific Standard Time. (optional) • Acknowledge receipt of samples by completing the chain-of-custody form for each set of samples and returning a copy of the completed chain-of-custody form with the corresponding analysis reports.

Task 4 – Analysis of Samples
• Analysis shall be performed only within the procedures approved for the Vendor under certification by CAELAP, and with appropriate quality assurance/quality control practices. • Methods shall be as described in accordance with Title 22 and 40 CFR Part 141 for the drinking water program.
• The Vendor must ensure that analysis performed shall have verifiable method detection levels (MDLs), Method Reporting Limits (MRLs), Practical Quantitation limits (PQLs), instrument limits (ILs), and other limits consistent with USEPA and/or the City’s accepted standards. • Vendor shall provide the City with a list of all sub-contracting labs used for testing. • Analyses will be conducted in the standard turnaround. The Vendor will also have facility to complete expedited service.

Task 5 – Resampling/Analysis
• If there is need for the City to re-sample due to an error that is the fault of the contracted laboratory (i.e. requested analysis is not completed by the lab, sample is dropped, holding times are expired before analysis is complete, etc.), the analysis of the re-sample will be done at no extra charge to the City.

18.14 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 13
Task 6 – Reporting
• Vendor shall prepare analysis reports to include the following information: o Sample identification and sample type
o Sample preservation and container type
o Analytical methodology used
o Analytical results and corresponding method detection limits/method reporting limits o Names of individuals collecting or submitting the sample o Date and time of sample collection
o Laboratory performing the analysis for each parameter o Quality control indices (metrics, RPD, spike, IPR, OPR, etc.) • Vendor shall submit the analysis reports with the corresponding invoices for services. • Vendor must be able to provide reports in both electronic deliverable format (edd) such that data can be integrated into LIMS, electronic data transfer to Regional Water Quality Control Board’s Geotracker site, electronic data transfer to state CLIP database such that data can be reported to the state, and other electronic formats as requested by the City (CD, email, etc.). • Vendor shall submit the report within the requested turnaround time.

Task 7 – Chain-of-Custody
• Vendor shall complete the copy of the current Chain-of-Custody form initiated by the City and provide the Sample Receiving and Chain-of-Custody standard operating procedure.

Task 8 – Online Portal
• Vendor shall have an online portal that the City will be able to use to receive data and query results. • Data shall be available on the online portal for City use within the requested turnaround time.

Responsibilities of City
• The City will provide a contact.
• The City will submit bottle order request to the Vendor via email. • For routine work, the City will provide a sample collection schedule, subject to change. • The City may request sample collections outside of the routine schedule. • The City will provide an updated chemical list, as needed.

Safety Data Sheets (SDS)
The Vendor will furnish SDS forms for every product delivered, as required.

Training
The Vendor shall provide training on using the Vendor’s online portal.

Alternative Services
Services covered in this contract will be placed with the Vendor. In the event the Vendor is unable to supply the services when needed, the City reserves the right to order the services from any source offering the lowest price and the needed availability. Any such service will be ordered from the Vendor the next time they are required.

The Vendor will not pay the difference if the City must pay a higher price for services.

Vendor’s Employee Conduct
Vendor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The

18.15 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 14
Vendor will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment.

Emergency Response
Vendor will provide the name and contact information of a representative who will be available 24 hours a day, 7 days a week, in the event of an emergency. During the emergency, Vendor will provide the City of Santa Cruz with all available supplies, materials, equipment and/or services on a priority basis based on laboratories availability and emergency.

Time is of the essence for delivery. Delivery location(s) and estimated arrival will be mutuality agreed upon, by the City and Vendor, at time of order and will be determined based on need and existing conditions. It is understood that current conditions, such as power outages, road closures, and damages to the Vendor’s facility and/or equipment, will be taken into consideration. The City expects emergency deliveries to occur within the next viable business day.

Exclusions
Excluded from this specification are all items purchased separately on other City contracts. The City also reserves the right to bid separately any item or items where it is determined by the Purchasing Manager that:
• A substantial savings in cost will result due to a large quantity purchase; or • The commodity is not appropriately classified under this specification contract.

18.16 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 15
EXHIBIT B: FEE SCHEDULE
Analyte Method
Method
Reporting
Limit
Standard
Price
Expedited
Price
Expedited
Turn
Around
Time
Ammonia EPA 350.1 0.1 mg/l $29.00 $50.75 2-3 day
Asbestos EPA 100.2 0.2 MFL $189.00 $240.50 2-3 day
Bromate EPA 300.1 5.0 ug/l $29.00 $50.75 2-3 day
Bromide EPA 300.1 0.5 mg/l $29.00 $50.75 2-3 day
Chlorate EPA 300.1 10ug/l $29.00 $50.75 2-3 day
Chloride EPA 300.0 0.50 mg/l $17.00 $29.75 2-3 day
Chlorite EPA 300.1 10 ug/l $29.00 $50.75 2-3 day
Chromium,
Hexavalent EPA 218.6 0.02 ug/l $52.00 $79.10 2-3 day
Dissolved Metals EPA 200.8 various $12.00 $21.00 2-3 day Dissolved Organic
Carbon SM 5310B 0.3 mg/l $46.00 $80.50 2-3 day
Fluoride EPA 300.0 0.1mg/l $17.00 $29.75 2-3 day
Gross Alpha EPA 900.0 - $46.00 $80.50 2-3 day
Gross Beta EPA 900.0 - $46.00 $80.50 2-3 day
HaloaceticAcids
(HAA5) EPA 552.3 1-2 ug/l $85.00 $148.75 2-3 day
Inhibitory Residue SM 9020B - $1,265.00 - -
Lithium EPA 200.7 40 ug/l $12.00 $21.00 2-3 day
MBAS (surfactants) SM 5540C 0.05 mg/l $35.00 $61.25 2-3 day Metals EPA 200.7 various $12.00 $21.00 2-3 day
Metals EPA 200.8 various $12.00 $21.00 2-3 day
MIB/Geosmin SM 6040D various $305.00 $396.50 4-5 day
Nitrate EPA 300.00 110 ug/l $17.00 $29.75 2-3 day
Nitrite EPA 300.00 150 ug/l $17.00 $29.75 2-3 day
Perchlorate EPA 331.0 0.1 ug/l $150.00 $262.50 2-3 day
Perchlorate EPA 314.0 2.0 ug/l $35.00 $61.25 2-3 day
PFAS EPA 533 2.0 ng/l $317.00 $412.10 4-5 day
PFAS EPA 537.1 2.0 ng/l $276.00 $358.80 4-5 day
Phosphorus, Ortho EPA 365.10 0.002
mg/l $35.00 $61.25 2-3 day

18.17 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 16
Phosphorus, Total EPA 200.7 0.05 mg/l $12.00 $21.00 2-3 day Sulfate EPA 300.0 0.5 mg/l $17.00 $29.75 2-3 day
Sulfide, Total SM 4500S 0.1 mg/l $52.00 $91.00 2-3 day
Total Dissolved
Solids SM 2640C 10 mg/l $29.00 $50.75 2-3 day
Total Organic
Carbon SM 5310B 0.3 mg/l $35.00 $61.25 2-3 day
Trihalomethanes
(THMs) EPA 524.2 various $52.00 $91.00 2-3 day
VOCs- Regulated
and Unregulated EPA 524.2 various $104.00 $182.00 2-3 day Water Suitability SM 9020B - $1,075.00 - -
Radioactivity
Radium 226 EPA 903.1 - $184.00 $231.00 4-5 day
Radium 228 EPA 904.0 - $247.00 $432.25 4-5 day
Radon 222 SM 7500RnB - $127.00 $222.25 4-5 day
Uranium EPA 200.8 0.13 pCi/l $40.00 $70.00 2-3 day
Synthetic Organic Chemicals (SOCs)
1,2,3-TCP EPA 524.2 M 0.005 ug/l $132.00 $231.00 2-3 day Dioxin (TCDD) EPA 1613B 5 pg/l $236.00 $413.00 2-3 day
Carbamates EPA 531.2 various $115.00 $201.25 2-3 day
Chlorinated Acid
Herbicides EPA 515.4 various $115.00 $201.25 6
Diquat EPA 549.2 4 ug/l $160.00 $280.00 2-3 day
Endothall EPA 548.10 45 ug/l $115.00 $201.25 2-3 day
Fumigants (EDB,
DBCP) EPA 524.3 various $92.00 $161.00 2-3 day
Glyphosate EPA 547 5 ug/l $98.00 $171.50 2-3 day
Organochlorine
Pesticides & PCBs EPA 508.1 various $115.00 $201.25 2-3 day Regulated 3 & 507
compounds EPA 525.2 various $150.00 $262.50 2-3 day

18.18 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 17
EXHIBIT C: WORK SCHEDULE

18.19 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 18
EXHIBIT D: 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, Ste 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 as specified below.

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): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 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 the contract of work.

18.20 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 19
• 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
• For Data Security and Privacy Liability

1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.

2. The policy(ies) shall include coverage for claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.

3. The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

4. The policy(ies) shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile insurance policies 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 insurance coverage will be primary and noncontributory 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.

18.21 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 20
• 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 form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No 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 (SIR)
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

18.22 City of Santa Cruz Professional Services Agreement for Laboratory Analytical Services
January 2023 Page 21
a copy of the Declarations and Endorsement Page of the CGL, automobile 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.

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

E. 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 Consultant.

18.23 Name City, ST
BSK Associates Fresno, CA 82.33 2
Eurofins Eaton Analytical, Inc. Monrovia, CA 81.75 3
Pace Analytical Services, LLC Bakersfield, CA 58.33 4
Weck Laboratories City of Industry, CA 85.68 1
Award Notice Request For Proposals for
Laboratory Analytical Services
The City of Santa Cruz has concluded the evaluation of the responses to the Request For Proposals (“RFP”) for Laboratory Analytical Services. Proposals were reviewed, evaluated, and scored according to the criteria listed in RFP. The Water Department intends to award the contract to Weck Laboratories, Inc. based on the following results:

Qualifications Scoring Final
Scores
Ranking

18.24 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Planning
SUBJECT: Extension of Urgency Ordinance Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
RECOMMENDATION: Motion to:
1) Adopt an urgency ordinance to extend the term of the previously adopted Urgency Ordinance No. 2022-22 for a term of twelve months in accordance with the allowances in State law; and 2) Direct staff to proceed with developing a regular ordinance that addresses the same State code changes.

BACKGROUND: During a regularly scheduled meeting of the Santa Cruz City Council held on December 13, 2022, the attached urgency ordinance regulating accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) was adopted by the City Council for an initial term of 45 days. Two new State laws relating to the review and permitting of ADUs, AB 2221 and SB 897, each contained a clause requiring that local governments comply with their provisions no later than January 1, 2023, or else the local ADU ordinance would become null and void in favor of the State law. For this reason, an urgency ordinance was adopted before that date as a regular ordinance is forthcoming.

DISCUSSION: As explained in the attached materials from the previous hearing, City staff recommended that the City Council adopt the urgency ordinance pursuant to Government Code section 65858 (requiring at least a 4/5 vote) in order to maintain the City’s codes and requirements for ADUs. Staff further recommends that the urgency ordinance remain in effect until the regular ordinance can be adopted and take effect. The urgency ordinance has been in effect since it was adopted on December 13, 2022, and can be extended for up to another twentytwo months and fifteen days by the City Council. Staff believes that an extension of twelve months will provide ample time to complete the community engagement, drafting of a regular ordinance incorporating the required State Laws, and a public hearing before the Planning Commission in advance of returning to City Council for final adoption of the proposed ADU code amendments. At the time the City Council approves the regular ordinance, the urgency ordinance will be rescinded.

19.1 Next Steps. Beginning within the next several weeks, staff will conduct community outreach related to these new state law changes as well as a few known outstanding items related to ADUs. These additional items could include:
- ADU owner occupancy requirements in existing ADUs,
- Further expansion of JADU development standard allowances, - Implementing AB 587 (which would allow ADUs and associated single-family detached residences to be developed by a non-profit housing developer and sold separately as part of a tenants-in-common ownership structure), and - Addressing other topics or clarifications that have arisen during recent ADU project applications.

Staff currently anticipates returning to the Planning Commission and City Council with formal ordinance amendments in the summer of 2023.

The urgency ordinance does not include sections of the Santa Cruz Municipal Code that are implementing regulations of the Local Coastal Program, so approval by the Coastal Commission is not necessary for the urgency ordinance or any subsequent regular ordinance.

Health in All Policies. The proposed amendments are consistent with the Health in All Policies pillars of equity, public health, and sustainability in that they meet state requirements that seek to expand housing opportunities and provide a variety of housing types that help better serve the needs the community.

Environmental Review. The proposed ordinance amendments are exempt from the California Environmental Quality Act (CEQA) per Section 15282(h) of the CEQA Guidelines which specifically exempts any local ordinance implementing sections 65852.1 and 65852.2 of the Government Code.

FISCAL IMPACT: ADUs are treated as residential additions by the County Tax Assessor.

Therefore, only the value of the ADU is reassessed, not the value of the entire home. The proposed code modifications have the potential to increase the production of ADUs, which could increase property values and property taxes. Depending on the costs associated with providing services to new residents, the net fiscal effects of new ADUs would vary over both the shortand long-term.

Prepared By:

Sarah Neuse
Senior Planner
Matt VanHua AICP
Principal Planner
Submitted By:

Lee Butler, AICP, LEED AP
Director of Planning &
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROPOSED ORDINANCE.DOCX

2. AGENDA REPORT AND MATERIALS DECEMBER 13, 2022.PDF

19.2 ORDINANCE NO.

EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.16 OF THE CITY OF SANTA CRUZ MUNICIPAL CODE

RELATED TO ACCESSORY DWELLING UNITS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Purpose
A. Pursuant to Government Code Section 65858, on December 13, 2022, the City Council passed ordinance 2022-22 by unanimous vote as an urgency measure, an interim ordinance to protect the public safety, health and welfare for an initial term of no more than forty-five days;
B. Because the December 13, 2022 urgency ordinance hearing was noticed pursuant to Government Code Section 65090, Government Code Section 65858 grants the City Council the power to extend said ordinance by up to twenty-two months and fifteen days beyond the initial forty-five day term of the urgency ordinance; Section 2. Effective Date and Expiration Date.

This urgency ordinance took effect on December 13, 2022, and shall remain in effect until January 24, 2024, unless rescinded or further extended before that date.

PASSED FOR ADOPTION as an urgency ordinance this 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2023-
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

19.3 City Council

AGENDA REPORT
DATE: December 1, 2022
AGENDA OF: December 13, 2022
DEPARTMENT: Planning & Community Development
SUBJECT: Municipal Code Amendments Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
RECOMMENDATION: Motion to:
1) Adopt an urgency ordinance making specified changes in Chapter 24.16 of the Municipal Code related to ADUs and Junior ADUs in response to recent state code changes; and 2) Direct staff to proceed with developing a regular ordinance that addresses the same state code changes.

BACKGROUND: The California State Legislature brought forward several bills in 2022 relating to the review and permitting of accessory dwelling units (ADUs) on various types of property. On September 28th of this year, the Governor signed into law Assembly Bill (AB) 2221 and Senate Bill (SB) 897, amending the section of the California Government Code related to ADUs and Junior Accessory Dwelling Units (JADUs) (Government Code Sections 65852.2 and 65852.22). Additionally, SB 897 made amendments to Section 17980.12 of the State Health and Safety Code. The new laws take effect on January 1, 2023.

AB 2221 and SB 897 contain a clause that requires that local governments comply with all provisions of the state law no later than the effective date at the risk of the entire local ADU ordinance becoming null and void in favor of the state law. For this reason, staff is recommending an urgency ordinance be adopted while a regular ordinance is drafted and proceeds through the community engagement process and the required hearing with the Planning Commission.

DISCUSSION: The amendments proposed at this time are those that are necessary to bring the City’s ADU regulations in line with the requirements of state law. These required amendments fall broadly into three categories: 1) ADU development standards (heights, setbacks, etc.); 2) permit processing; and 3) clarifications to standards for JADUs.

As shown in this report’s ordinance amendment attachments, the proposed ADU ordinance will make the following amendments to the current regulations:

19.4 2
1) ADU Development Standard Amendments
a) The allowed height of a New Construction, Detached ADU is clarified to allow heights of 16 to 22 feet based on the setback rather than by the number of stories, as discussed below in more detail.
b) The rear setback for ADUs above 16’ in height is reduced to 4’ (previously 10’). c) The setback for an attached ADU is reduced to 4’ (previously the same as the primary dwelling).
d) Requirements as part of allowing ADUs in front setbacks have been added. e) Existing design standards for ADUs have been made purely objective, or have been deleted where they could not be made fully objective.
f) Clarifications relating to requirements for fire sprinklers have been added – an ADU cannot trigger the requirement that the main dwelling include fire sprinklers. 2) Permit Processing Amendments
a) The City shall require a demolition permit for a detached garage that is being replaced with an ADU be reviewed concurrently with the application to build an ADU and the City shall issue both permits at the same time.
b) The City shall not require that notice be provided for the demolition of a detached garage to be repaced with an ADU unless the property is located within a historic district. c) The City’s code has been unclear as to when ADUs can be included in multi-family projects. That issue is clarified as part of the Objective Standards and Zoning Ordinance modifications that are being considered under the second reading at this same, December 13, 2022 hearing. Using those proposed changes as the base, language is added with these amendments that further clarifies that ADUs can be proposed and constructed at the same time as any new residential development and that ADUs proposed concurrently with other development would be approved as part of the larger project, not subject to the state-mandated processing timelines for ADUs but subject to the state-mandated timelines for the larger project.
d) The City cannot require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.
e) The City cannot deem the construction of an accessory dwelling unit as a Group R occupancy change under the local building code, except as specified under state law.

Therefore, construction of an accessory dwelling unit cannot trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 3) Junior ADU Amendments
a) Text has been added to clarify that JADUs must include internal circulation with the primary dwelling when a bathroom is not included within the space of the JADU.

ADU Height Standards
The new state laws require that jurisdicitons allow the minimum height of a detached, new construction ADU meeting 4-foot setback requirements to be 18 feet to 20 feet depending on roof requirements and proximity to transit. The previous minimum height set by the state was 16 feet. The City of Santa Cruz already allows a maximum height of 22 feet for two-story ADUs with side and rear setbacks of 4 feet or greater. The City also already allows a maximum height of 16 feet for single story ADUs that are setback 0 to 4 feet. State law makes no distinction between the number of stories and height, only that a minimum 4 foot side or rear setback is required to up to 20 feet in height for an ADU. Staff recommends keeping the City’s existing 22

19.5 3
foot height allowance for ADUs meeting setback requirements and removing height standards based on stories (as the state has done).

This means that the height maximum of 22 feet remains for an ADU conforming to the 4 foot side and rear setback and keeping the 16 foot height maximum for ADUs with side and rear setbacks of less than 4 feet. Other existing design standards that relate to the mass and shape of an ADU’s second story conform to state law and remain in the ordinance. The proposed ordinance meets the new state laws while continuing to provide flexibility that supports the development of ADUs and imposing development standards when ADUs have side and rear setbacks smaller than 4 feet.

Urgency Ordinance. Due to language contained in the legislation, any local ordinance that is not in compliance with the state law as of January 1, 2023 will be void until such time as a conforming ordinance becomes effective. City staff is recommending that the City Council adopt this urgency ordinance pursuant to Government Code section 65858 (requiring at least a 4/5 vote) in order to maintain the City’s codes and requirements for ADUs. Staff recommends that the urgency ordinance remain in effect until the regular ordinance becomes effective. The ordinance is attached to this report in both track changes and clean versions. The ordinance findings are included in the clean version of the ordinance as the City Council must find that this ordinance is necessary as an emergency measure for preserving the public peace, health, and safety.

An urgency ordinance does not require review by Planning Commission and may be introduced and adopted at the same meeting, and it shall take effect immediately upon its adoption. The urgency ordinance will initially be effective for 45 days and will then require Council to approve an extension to allow for completion of the regular ordinance.

Community Outreach. Based on the short timeline provided for in the legislation and the fact that the proposed amendments are exclusively limited to those required under state legislation, community outreach for these amendments was limited.

Staff has compiled email addresses of stakeholders interested in ADU legislation from prior outreach efforts, and those individuals have been notified of the state law changes. Information is also available on the City’s recently updated ADU webpage. Additional outreach will take place as part of the future work on the regular ordinance.

Next Steps. Should the urgency ordinance be approved by City Council (needing a five-vote majority), the urgency ordinance would remain effective for up to 45 days. Because this hearing was noticed, the urgency ordinance can be extended by Council vote a further 22 months and 15 days, pursuant to Government Code Section 65858(b). In January, staff will request that the City Council extend the urgency ordinance until the regular ordinance can take effect.

Beginning in early 2023, staff will conduct community outreach related to these new state law changes as well as a few known outstanding items related to ADUs. These additional items could include:
- Owner occupancy requirements in existing ADUs,
- Further expansion of JADU allowances,
- Implementing AB 587 (which would allow ADUs and SFDs to be developed by a nonprofit housing developer and sold separately as part of a tenants-in-common ownership structure), and

19.6 4
- Addressing other topics that have come up in project applications or were otherwise not accounted for in the state legislation.

Staff currently anticipates returning to the Planning Commission and City Council with formal ordinance amendments in the spring of 2023.

The proposed edits are not in sections of the code that are implementing regulations of the Local Coastal Program, so approval by the Coastal Commission is not necessary for the urgency ordinance or a subsequent, regular ordinance.

FISCAL IMPACT. ADUs are treated as residential additions by the tax assessor. Therefore, only the value of the ADU is reassessed, not the value of the entire home. The proposed code modifications have the potential to increase the production of ADUs, which would increase property values and which can lead to additional property taxes. Because of the costs associated with providing services to new residents, Proposition 13, and different sizes and quality of new ADUs, the net fiscal effects of new ADUs would vary over both the short- and long-term.

Prepared by:

Matt VanHua, AICP
Principal Planner
Submitted by:

Lee Butler, AICP, LEED AP
Director of Planning & Community
Development
Approved by:

Matt Huffaker
City Manager
ATTACHMENTS:
1) Proposed ADU Urgency Ordinance, clean Copy
2) Proposed ADU Urgency Ordinance, track changes copy
3) Relevant text of AB 2221 and SB 897

19.7 ORDINANCE NO.

AN URGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER

24.16 OF THE CITY OF SANTA CRUZ MUNICIPAL CODE RELATED TO ACCESSORY

DWELLING UNITS TO CONFORM TO STATE REQUIREMENTS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Findings.

A. Pursuant to Article XI, Section 7 of the California Constitution, the City of Santa Cruz ("City") may make and enforce all regulations and ordinances using its police powers.

B. The regulation and facilitation of the development of accessory dwelling units is a vital component of the City’s housing strategy.

C. The legislation, Assembly Bill 2221 and Senate Bill 897, signed by Governor Newsom on September 28th of this year requires the City to make certain amendments to the local regulations governing the development of accessory dwelling units.

D. The state legislation contains a clause that would invalidate the City’s local accessory dwelling unit regulations if they do not conform to the requirements of the new state law on or before January 1, 2023.

E. The local standards for accessory dwelling units will facilitate the development of accessory dwelling units within the City and are necessary for maintaining orderly growth and development patterns.

F. Pursuant to Government Code Section 65858, the City Council based on theat least a four-fifths vote, may adopt as an urgency measure, an interim ordinance to protect the public safety, health and welfare.

G. Based upon the above-described facts and circumstances, and for these same reasons, the City Council finds that this ordinance is necessary as an emergency measure for preserving the public peace, health and safety, and therefore that it may be introduced and adopted at one and the same meeting and shall take effect immediately upon its adoption, consistent with the City Charter Section 608.

Section 2. Subsection 24.16.130 – Permit Procedures of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.130 PERMIT PROCEDURES.

19.8 1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq.

2. Accessory dwelling units on substandard lots shall not be required to obtain a design permit unless they are associated with the construction of a new single-family dwelling per Section 24.08.400 et seq.

3. An accessory dwelling unit replacing a detached garage shall receive review and issuance of a demolition permit concurrently with the review and issuance of the permit for the accessory dwelling unit.

4. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. Additional administrative or discretionary review is required under applicable provisions of the Santa Cruz Municipal Code or otherwise allowed by state law. i. Applications to construct accessory dwelling units shall be subject only to ministerial permitting processes to the extent necessary to allow construction of an accessory dwelling unit conforming to the size limits stated in Section 24.16.140(3).

Applications that propose to locate an accessory dwelling unit on a parcel or portion of a parcel triggering additional administrative or discretionary review shall only be relieved of the requirement for those reviews when no alternative site plan or project proposal can be created which would allow the creation of an up to eight-hundredsquare-foot accessory dwelling unit that would not trigger additional reviews; b. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot or parcel; or c. When the applicant seeks a delay, in which case the sixty-day time period shall be tolled for the period of the delay.

5. Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, except as specified under state law. Construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single-family or multifamily dwelling.

6. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures unless they

19.9 present a threat to public health and safety and are affected by the construction of the accessory dwelling unit.

7. The City shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

8. Applications to construct accessory dwelling units on properties that are designated as historic resources by the city, the state of California, or by the National Register of Historic Places shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.

9. Applications to construct accessory dwelling units on properties that are subject to the Citywide Creeks and Wetlands Plan shall demonstrate compliance with the requirements established in that plan for such properties, as implemented by Section 24.08.2100 et seq.

10. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant in accordance with the 60- day time period set forth in Section 24.16.130 (4) above.

Section 3. Subsection 24.16.140 – Development Standards of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.140 DEVELOPMENT STANDARDS.

All accessory dwelling units, both new construction and conversion, must conform to the following requirements:

19.10 results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. i. For the purposes of this section, multifamily structures are those that contain more than one dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.

2. Parking. No off-street parking shall be required for any accessory dwelling unit outside of the Coastal Zone. Any parking spaces, covered or uncovered, removed in order to create an accessory dwelling unit shall not be required to be replaced outside the Coastal Zone. For properties within the Coastal Zone, parking requirements are contained in Section

24.12.240(1)(w).

3. Unit Size.
a. The floor area for new construction detached accessory dwelling units shall not exceed ten percent of the net lot area or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater, and no detached new construction ADU shall exceed a maximum of one thousand two hundred square feet of habitable area.
b. The floor area for new construction accessory dwelling units attached to the principal residential use on the property shall not exceed fifty percent of the existing habitable floor area of the principal residential use on the property, or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater.
c. The floor area for conversion accessory dwelling units shall not be limited, subject to compliance with Section 24.16.142.
d. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed structure and the square footage of a traditional frame house. e. Stairways which provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.

4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:

19.11 a. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;
b. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i), or a multifamily structure that will be constructed concurrently and in conjunction with the accessory dwelling unit.

5. Rear Yard Lot Coverage. In no case shall any accessory dwelling unit be limited in size based on rear yard lot coverage requirements contained in Section 24.12.140(5). In the application of Section 24.12.140(5), accessory dwelling units shall count toward the limit on allowable coverage by other accessory structures.

6. Nonconforming Setbacks.The following standards apply to accessory dwelling units located outside the standard side and rear yard setbacks for the zone district in which they are proposed:
a. The entrance to the accessory dwelling unit shall face the interior of the lot unless the accessory dwelling unit is directly accessible from an alley, a public street, or the Monterey Bay Sanctuary Scenic Trail.
b. Windows which face an adjoining residential property shall be designed to obscure views of neighboring yards by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.

7. Alley or Rail Trail Orientation. When an accessory dwelling unit is adjacent to an alley or the Monterey Bay Sanctuary Scenic Trail, the accessory dwelling unit is encouraged to be oriented toward the alley or trail with the front access door and windows facing the alley.

Parking provided off the alley shall maintain a twenty-four-foot back-out which includes the alley. Fences shall be three feet, six inches tall along the alley. However, higher fencing up to eight feet can be considered in unusual design circumstances, subject to review and approval of the zoning administrator.

19.12 of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall demolish the accessory dwelling unit, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)
e. Notwithstanding subsection (8)(a), the community development director, in consultation with the city manager and city attorney, shall be authorized to promulgate regulations intended to legalize accessory dwelling units which are nonconforming solely by virtue of the fact that the property owner has failed to comply with subsection (8)(b)’s owner occupancy requirement, including but not limited to regulations providing for the amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes, for rentals of terms longer than 30 days. Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.

19.13 i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.

9. Connections Between Units. At the discretion of the planning director, accessory dwelling units may be permitted to create direct access between units, or common access to a shared garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.

10. Building Code Requirements. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

12. Large Home Design Permit. The square footage of an accessory dwelling unit shall not be counted with the square footage of the single-family home in determining whether a large home design permit is required.

Section 4. Subsection 24.16.141 – New Construction Accessory Dwelling Unit Development Standards of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least four feet and rear setbacks of at least four feet. c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front yard setbacks shall be the same as those required for single-family homes in the zoning district. A smaller front setback shall be granted only if

19.14 needed to accommodate an accessory dwelling unit of up to 800 square feet. In this case, the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while maintaining required separation between structures.

2. Setbacks for New Construction Attached Accessory Dwelling Units. New construction attached accessory dwelling units shall provide a side setback of at least four feet and meet the same front setback required for the principal structure, either the single-family dwelling or the multi-family structure, by the zoning district, except that any requirement for an additional setback based on height over fifteen feet shall not apply to the portion of the structure that contains the accessory dwelling unit. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet, and the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while still accommodating an accessory dwelling unit of up to 800 square feet.

3. Building Height and Stories.
a. A detached new construction accessory dwelling unit shall meet one of the following standards, with height measured to the roof peak:
i. Any accessory dwelling unit that is built within four feet of a side and rear property line shall be subject to a height limit of sixteen feet. iii. Any other accessory dwelling unit shall be subject to a height limit of twenty-two feet.
b. Any two-story detached new construction accessory dwelling unit shall place access stairs, decks, entry doors, and windows toward the interior of the lot, an alley, road, or the Monterey Bay Sanctuary Scenic Trail, if applicable. Second-story windows shall be oriented to obscure views of neighboring yards by accessory dwelling unit occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to accessory dwelling units that conform to the setbacks required for the primary structure on the parcel. c. An attached new construction accessory dwelling unit may occupy any level of the principal single-family dwelling and must comply with the height standard established for single-family homes in the zone district except as noted in subsection (3). d. If the design of the principal structure has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.

19.15 4. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, the following design standards shall apply, but shall not serve to limit the accessory dwelling unit to a size of less than eight hundred square feet:
a. The maximum allowable lot coverage for all structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet.

Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage.

For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted as lot coverage. Lot coverage requirements must permit an accessory dwelling unit up to 800 square feet. b. The floor area for all second stories shall not exceed fifty percent of the first floor area for all structures, except in cases where the first floor area of the structure to which a second story is being added constitutes thirty percent or less of the net lot area.

5. Large Home Design Permit. Accessory dwelling units, both attached and detached, conversion and new construction, shall not contribute to the need for a large home design permit and, consistent with Section 24.16.130, shall be subject only to ministerial review. The city reserves the right to delay action on an application to build an accessory dwelling unit until such time as the permits for the primary residential use on the parcel have been approved.

Section 5. Subsection 24.16.170 – Junior Accessory Dwelling Units of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

1. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use and where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.

2. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.

3. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in an addition to a single-family dwelling.

19.16 4. Junior accessory dwelling units may be no larger than five hundred square feet in size.

5. Junior accessory dwelling units shall contain, at a minimum, the following features:
a. An exterior entrance separate from that of the primary home. b. A cooking facility with appliances.
c. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. Where sanitation facilities are shared with the primary dwelling, the junior accessory dwelling unit shall have access to the primary dwelling through internal circulation and shall not be required to exit the structure in order to reach the entrance to the primary dwelling.

7. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling. Junior accessory dwelling units that do not contain all the required features of a dwelling unit will be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling unit.

8. A deed restriction pursuant to Section 24.16.150 shall be required and recorded on the parcel.

Section 6. Effective Date and Expiration Date.

This urgency ordinance shall take effect immediately and shall expire 45 days from the date of its adoption, unless further extended by action of the City Council or replaced by a regular ordinance amending the same code sections.

PASSED FOR ADOPTION as an urgency ordinance this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor

19.17 ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2022-___________
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

19.18 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.16 OF THE

CITY OF SANTA CRUZ MUNICIPAL CODE RELATED TO ACCESSORY DWELLING

UNITS TO CONFORM TO STATE REQUIREMENTS
BE IT ORDAINED by the City of Santa Cruz as follows:

24.16.130 PERMIT PROCEDURES.

1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq.

34. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. Additional administrative or discretionary review is required under applicable provisions of the Santa Cruz Municipal Code or otherwise allowed by state law. i. Applications to construct accessory dwelling units shall be subject only to ministerial permitting processes to the extent necessary to allow construction of an single-story accessory dwelling unit conforming to the size limits stated in Section 24.16.140(3). Applications that propose to locate an accessory dwelling unit on a parcel or portion of a parcel triggering additional administrative or discretionary review shall only be relieved of the requirement for those reviews when no alternative site plan or project proposal can be created which would allow the creation of an up to eight-hundred-square-foot accessory dwelling unit that would not trigger additional reviews;

19.19 b. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot or parcel; or c. When the applicant seeks a delay, in which case the sixty-day time period shall be tolled for the period of the delay.

48. Applications to construct accessory dwelling units on properties that are designated as historic resources by the city, the state of California, or by the National Register of Historic Places shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.

59. Applications to construct accessory dwelling units on properties that are subject to the Citywide Creeks and Wetlands Plan shall demonstrate compliance with the requirements established in that plan for such properties, as implemented by Section 24.08.2100 et seq.

19.20 24.16.140 DEVELOPMENT STANDARDS.

All accessory dwelling units, both new construction and conversion, must conform to the following requirements:

1. Number of Accessory Dwelling Units per Parcel.
a. For parcels zoned for and including a proposed or existing single-family home: One accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170. b. For parcels developed with an existing multifamily structure(s): Two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to twenty-five percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. i. For the purposes of this section, multifamily structures are those that contain more than one dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.

24.12.240(1)(w).

19.21 d. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed structure and the square footage of a traditional frame house. e. Stairways which provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.

4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:
1a. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;
2b. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i), or a multifamily structure that will be constructed concurrently and in conjunction with the accessory dwelling unit.

Parking provided off the alley shall maintain a twenty-four-foot back-out which includes the alley. Fences shall be three feet, six inches tall along the alley. However, higher fencing up to

19.22 eight feet can be considered in unusual design circumstances, subject to review and approval of the zoning administrator.

8. Occupancy.
a. For accessory dwelling units permitted between January 1, 2020, and January 1, 2025, owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing these units. b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall demolish the accessory dwelling unit, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)
e. Notwithstanding subsection (8)(a), the community development director, in consultation with the city manager and city attorney, shall be authorized to promulgate regulations intended to legalize accessory dwelling units which are nonconforming solely by virtue of the fact that the property owner has failed to comply with subsection (8)(b)’s owner occupancy requirement, including but not limited to regulations providing for the

19.23 amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes, for rentals of terms longer than 30 days. Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.
i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.

10. Other Building Code Requirements. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

11. Municipal Code Requirements. All accessory dwelling units shall meet the objective design standards set forth in this Code, including landscape and tree removal and/or replacement requirements, which may require discretionary review.
1112. Large Home Design Permit. The square footage of an accessory dwelling unit shall not be counted with the square footage of the single-family home in determining whether a large home design permit is required.

19.24 24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Design. The design of the accessory dwelling unit shall relate to the design of the principal single-family dwelling by use of the compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch.

21. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least fivefour feet and rear setbacks of at least ten four feet.
i. Exception: Any two-story accessory dwelling unit oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall provide a setback of no less than five feet from the side and rear property lines.
c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front and sideyard setbacks shall be the same as those required for single-family homes in the zoning district. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet. In this case, the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while maintaining required separation between structures.

32. Setbacks for New Construction Attached Accessory Dwelling Units. New construction attached accessory dwelling units shall provide a side setback of at least four feet and meet the same front setback required for the principal structure, either the single-family dwelling or the multi-family structure, by the zoning district, except that any requirement for an additional setback based on height over fifteen feet shall not apply to the portion of the structure that contains the accessory dwelling unit. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet, and the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while still accommodating an accessory dwelling unit of up to 800 square feet.

43. Building Height and Stories.
a. A one-story detached new construction accessory dwelling unit shall be no more than sixteen feet in height measured to the roof peak.
ba. A two-story detached new construction accessory dwelling unit shall meet one of the following standards, with height measured to the roof peak:

19.25 i. Any two-story accessory dwelling unit that is built within four feet of a side and rear property line shall be subject to a height limit of sixteen feet. ii. Any two-story accessory dwelling unit that is oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall be subject to a height limit of twenty-two feet.
iii. Any other two-story accessory dwelling unit shall be subject to a height limit of twenty-two feet.
cb. Any two-story detached new construction accessory dwelling unit shall place access stairs, decks, entry doors, and windows toward the interior of the lot, an alley, road, or the Monterey Bay Sanctuary Scenic Trail, if applicable. Second-story windows shall be oriented to obscure views of neighboring yards by ADU accessory dwelling unit occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to two-story ADU accessory dwelling units that conform to the setbacks required for the primary structure on the parcel. dc. An attached new construction accessory dwelling unit may occupy any level of the principal single-family dwelling and must comply with the height standard established for single-family homes in the zone district except as noted in subsection (3). ed. If the design of the principal structure has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.

54. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, the following design standards shall apply, but shall not serve to limit the accessory dwelling unit to a size of less than eight hundred square feet:
a. The maximum allowable lot coverage for all structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet.

19.26 b. The floor area for all second stories shall not exceed fifty percent of the first floor area for all structures, except in cases where the first floor area of the structure to which a second story is being added constitutes thirty percent or less of the net lot area. c. Continuous long walls parallel to the side property line with narrow side yards shall be minimized.
d. Landscaping shall be required at least for front yard areas. e. Structures, landscaping or other features shall incorporate methods to lessen the visibility of garages on a street facade.

65. Large Home Design Permit. Accessory dwelling units, both attached and detached, conversion and new construction, shall not contribute to the need for a large home design permit and, consistent with Section 24.16.130, shall be subject only to ministerial review. The city reserves the right to delay action on an application to build an accessory dwelling unit until such time as the permits for the primary residential use on the parcel have been approved.

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

2. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.

4. Junior accessory dwelling units may be no larger than five hundred square feet in size.

5. Junior accessory dwelling units shall contain, at a minimum, the following features:
a. An exterior entrance separate from that of the primary home. b. A cooking facility with appliances.

19.27 c. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

8. A deed restriction pursuant to Section 24.16.150 shall be required and recorded on the parcel.

19.28 AB-2221 Accessory dwelling units.(2021-2022)
As Amends the Law Today
SECTION 1.

These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

19.29 (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the approve or deny an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation or service of an accessory dwelling unit.

19.30 (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (7) (6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.

No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an

19.31 accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

19.32 (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

19.33 (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

19.34 (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

19.35 (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

19.36 SB-897 Accessory dwelling units: junior accessory dwelling units.(2021-2022) SEC. 2.5.

Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

19.37 (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the

19.38 permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(4) (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing singlefamily dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that except that, subject to subparagraphs (B) and (C), a local agency may require that the property be used for rentals of terms longer than 30 days. an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.

19.39 (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (7) (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

19.40 (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, a local agency, and whether or not it the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any all of the following instances: shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) (A) The Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) (B) The Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) (C) The Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) (D) When on-street onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted

19.41 structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks. setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

19.42 (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials,

19.43 upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

19.44 (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(7) (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (8) (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.

19.45 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 4.

Section 65852.22 of the Government Code is amended to read:
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for singlefamily residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single-family single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.

19.46 (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (d) (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the singlefamily residence includes a junior accessory dwelling unit or not. (e) (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, regulation related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) (i) For purposes of this section, the following terms have the following meanings:

19.47 (1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

SEC. 5.

Section 65852.23 is added to the Government Code, to read:
65852.23.
(a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6.

Section 17980.12 of the Health and Safety Code is amended to read:
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a

19.48 violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
(3) (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

19.49 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Manager
SUBJECT: Existing Building Decarbonization Roadmap (CM/PL) RECOMMENDATION: Motion to accept the existing building decarbonization roadmap presentation.

BACKGROUND: The City’s Community-wide Climate Action Plan 2030, adopted in September 2023, includes two greenhouse gas emissions reduction targets:

1. The California Environmental Quality Act qualified target is to reduce emissions 40% by 2030 from 1990 levels; and

2. The aspirational, voluntary target of carbon neutral by 2035.

In Santa Cruz, residential and commercial building energy use comprised 24% of communitywide emissions of those emissions sectors regulated by the state of California. Natural gas consumption accounts for the majority of building energy use and emissions. Space and water heating are the major activities comprising natural gas consumption in buildings.

In Santa Cruz, 97% of electricity is procured by Central Coast Community Energy, where currently 60% of electricity procured is renewable and, by 2030 or earlier, 100% of electricity of electricity procured will be renewable. Thus, shifting energy use away from natural gas to electricity is a key strategy for reducing emissions. In addition to emissions reductions, the elimination of natural gas usage and combustion in homes also reduces the fire risk and poor indoor air quality.

It is important to address energy efficiency in combination with building electrification to ensure efficiently operating buildings and reduce emissions. Together energy efficiency and building electrification are referred to as building decarbonization. The CAP 2030 contains three measures related to existing building decarbonization:
• Electrify 31% of existing residential buildings by 2030 and 53% by 2035. • Electrify 26% of existing commercial buildings by 2030 and 45% by 2035. • Increase resiliency through equitable energy efficiency and local solar programs.

Modeling indicates that implementing these measures starting in 2024 will result in nearly a quarter of the emissions reductions needed to achieve the CEQA qualified emissions reduction target by 2030 being mitigated.

20.1 DISCUSSION: In order to reach the City’s emissions targets, staff intend to pursue a phased strategy of existing building electrification ordinances and voluntary electrification programs between 2023 and 2030. It is recognized that the cost of electrifying existing buildings will be a challenge to this strategy and staff are working with partners to heavily incentivize compliance with ordinances and participation in voluntary electrification programs.

The purpose of the existing building decarbonization roadmap presentation is to expand upon the rationale for pursuing building electrification and provide a brief primer on the topic including policy options to be considered and evaluated, a summary of work completed to date including feedback from initial engagement, and the timeline of activities to adoption of the first existing building electrification ordinance in late 2023.

FISCAL IMPACT: There is no fiscal impact from the preparation of this report. The community engagement efforts and preparation of the ordinance will involve staff time. The ordinances will ultimately result in additional building permit revenue, but those revenues will be offset by staff costs associated with review and inspections.

Prepared By:

Tiffany Wise-West
Sustainability and Climate
Action Manager
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

20.2 1
Rosemary Balsley
From: Bonnie Bush
Sent: Monday, January 23, 2023 4:40 PM
To: City Council
Subject: Fwd: CCCE Public Comments re: Item 20 - Existing Building Decarbonization Roadmap Attachments: image001.png; 2023.01.23 City of Santa Cruz_Existing Bldg Decarb Roadmap_Letter of Support_CCCE.pdf
Bonnie Bush, CMC, City Clerk
City of Santa Cruz
831‐420‐5035
Begin forwarded message:

From: Jon Griesser <[email protected]>
Date: January 23, 2023 at 4:17:01 PM PST
To: Bonnie Bush <[email protected]>
Cc: Tiffany Wise‐West <TWise‐[email protected]>
Subject: CCCE Public Comments re: Item 20 ‐ Existing Building Decarbonization Roadmap

Dear City of Santa Cruz City Clerk,

Please find attached public comments from Central Coast Community Energy for tomorrow evening’s (1/24/23) City Council agenda regarding Item 20 – Existing Building Decarbonization Roadmap.

Cheers,

Jon Griesser (he/him)
Director of Energy Programs
Direct: (831) 901‐3071
[email protected]

70 Garden Court, Suite 300
Monterey, CA 93940
3CEnergy.org

20.3 Jon Griesser
Director of Energy Programs
January 23, 2023
City of Santa Cruz City Council
8098 Center St.

Santa Cruz, CA 95060
RE: Existing Building Decarbonization Roadmap
Dear City Council Members:

Central Coast Community Energy (CCCE) supports the City of Santa Cruz’s (City) continued climate leadership and encourages support for the Existing Building Decarbonization Roadmap.

CCCE is a California Community Choice Aggregation (CCA) load serving entity with over 450,000 customers and goals including reducing GHGs, promoting grid reliability, stimulating the local economy, and implementing programs that facilitate electrification. Three programs offered by CCCE that support building electrification are the Reach Code, New Construction Electrification, and Electrify Your Home programs.
• The Reach Code Program provides Member Agencies with no-cost technical assistance and stakeholder outreach support services to support the adoption and implementation of reach codes that promote building electrification and/or EV infrastructure. • The New Construction Electrification Program (NCEP) provides affordable and farmworker housing developers, and homeowners building Accessory Dwelling Units, with incentives to build new all-electric housing.
• The Electrify Your Home (EYH) Program provides incentives to enrolled contractors who switch out gas powered appliances in existing single and multi-family buildings with allelectric versions. These incentives directly reduce the upfront cost for CCCE customers who make the switch to all-electric heat pump technology.

The City leveraged an earlier iteration of CCCE’s Reach Code Program to support codification of its Prohibition of Natural Gas Infrastructure in New Buildings in 2020. Local developers have

20.4 leveraged CCCE’s NCEP for six projects to date, receiving over $978,000 to help build 624 new all-electric units within city limits. Three local contractors have leveraged CCCE’s EYH program for 12 projects to date, receiving over $42,000 to reduce the upfront cost of electrification projects for Santa Cruz homeowners.

Electrification is a CCCE strategic goal. CCCE recognizes that all-electric buildings are cost effective, highly efficient, provide cleaner indoor air quality, and provide substantially lower operational emissions than buildings that use natural gas appliances. CCCE also understands that the upfront cost of all-electric equipment and appliances can be more than gas versions.

CCCE hopes that the City, and its local developers, contractors, and homeowners, continue to take advantage of current and future CCCE programs incentivizing electrification and the reduction of GHGs.

If you have any questions about the information in this letter of support, please contact Jon Griesser at [email protected].

Sincerely,
Jon Griesser
Director of Energy Programs

20.5 Equitable
Existing Building
Decarbonization
Advancing safer, healthier and more affordable buildings.

City Council
January 24, 2023

20.6 OBJECTIVES
Share what the City has learned over past year
• why existing building electrification/decarbonization • what targets City has set on building electrification • options available to reach targets and what others are doing Share timeline for policy evaluation and adoption
1 2
Decarbonization = Energy Efficiency + Electrification

20.7 Santa Cruz Community-wide Emissions (2019)

20.8 California Buildings Gas Usage
Residential Non-Residential
Source: 2019 Residential Appliance Saturation Survey
Source: 2006 California Commercial End Use Survey 20.9
Central Coast Community Energy
Electrification, Compared to Fossil Fuels
Non-profit, locally-led electricity provider
CCCE
CCCE = 100% RENEWABLE ELECTRICITY BY 2030 20.10
Electrification, Compared to Fossil Fuels
CCCE = 100% RENEWABLE ELECTRICITY BY 2030
33%
40% 45% 50% 55% 60%
70%
80% 85% 90%
100%
57%
10%
60% 55% 50% 45% 40%
30%
20% 15% 10%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Renewable Hydro CFA Unspecified

20.11 Existing Building Decarbonization- Climate Action Plan Measures:
● Electrify 31% of existing residential buildings by 2030 and 53% by 2035. ● Electrify 26% of existing commercial buildings by 2030 and 45% by 2035. ● Increase resiliency thru equitable energy efficiency
WELCOME! MEET OUR TEAM
www.cityofsantacruz.com/climateactionplan
2030

20.12 Existing Building Decarbonization- Climate Action Plan Measures:
● Electrify 31% of existing residential buildings by 2030 and 53% by 2035. ● Electrify 26% of existing commercial buildings by 2030 and 45% by 2035. ● Increase resiliency thru equitable energy efficiency
WELCOME! MEET OUR TEAM
www.cityofsantacruz.com/climateactionplan
2030
ACHIEVED IN PARALLEL TRACKS:

PHASED MANDATORY REACH CODES,

HEAVILY INCENTIVIZED
+

VOLUNTARY ELECTROFIT INCENTIVE

PROGRAM(S)

20.13 • Local enhancements to state code
• Can be adopted at any time
•Addresses:

1. Building electrification – reduced use of methane gas

2. Electric vehicle (EV) charging infrastructure – increased readiness • Intended to improve economic and energy performance of buildings using cost-effectiveness criteria
• Sometimes require approval by CA Energy Commission
What are Reach Codes?

20.14 Existing Building Decarbonization - Climate Actions:
● Residential + Commercial Building Electrification Ordinance (by 2023) ● Partner with Frontline Communities to mitigate equity impacts ● Establish plan to decarbonize, electrify and improve health and safety of affordable housing stock (establish plan by 2024).
● Incentivize electrification with partners
● Neighborhood electrification strategies: remove obsolete natural gas infrastructure and upgrade electricity grid
● Establish building performance standards for commercial buildings WELCOME! MEET OUR TEAM
2030

20.15 Implementing Ex. Bldg Elect. Measures
=25% of emissions
reductions needed to
achieve 2030 legal target
40% reduction from 1990 by 2030

20.16 Lowest-cost, lowest risk decarbonization pathway
Sources: 1) AB3232 Decarbonization Assessment 2021 2) CA Energy Commission 2018 3) CPUC 2022 Electrification, Compared to Fossil Fuels
Efficient electrification of space and water heating in California’s buildings combined with refrigerant leakage reduction presents the most readily achievable pathway to a greater than 40 percent reduction in greenhouse gas emissions by 2030. - California Energy Commission

20.17 Improved Safety +
Healthier Indoor
Air Quality
Sources: RMI 2022, CEC 2019, AMA 2022
Electrification, Compared to Fossil Fuels
● asthma
● pregnant women
● children
Gas appliances cause the most fires in homes

20.18 CA Job Creation Potential
Sources: UCLA 2019, UMass 2021
Electrification, Compared to Fossil Fuels

CITY ESTIMATES
1,200 JOBS
BY 2030 FROM

BUILDING

ELECTRIFICATION

20.19 EQUIPMENT
Space Heating Water Heating Cooking Clothes Drying
Residential Commercial

20.20 EQUIPMENT EFFICIENCY

0.8 3.5
1 Natural Gas
Heat Pump
Resistance / Induction
Energy Efficiency Comparison of Technology
Typical Energy Factors
Space heating,
Water heating,
Clothes drying
Cooking,
High-Intensity Industrial
Processes

LEGACY USES,

DISCOURAGED

20.21 Building Performance Standards require property owners to report energy- or emissions- use intensity (EUI), and reduce EUI over time. These are commonly adopted for larger multifamily and commercial buildings • Brisbane, Chula Vista, Denver, New York City, and dozens of other cities • May be complemented with End-of-Flow (Half Moon Bay)
Time of Permit / Replacement require applicants already pulling a permit for a renovation to enhance projects with certain efficiency/electrification requirements. • San Mateo, Piedmont, Portola Valley, Palo Alto, Denver, and Seattle • May be a good entry point for single-family
• Incentives help (Denver)
Time of Property Transfer policies leverage property transactions to disclose information to buyers, such as compliance status with local decarbonization policies. • Piedmont, Chula Vista, Denver
• No examples outside of Davis requiring 100% code compliance • Similar to Santa Cruz’s successful water efficiency requirements at time of sale

POSSIBLE POLICY PATHWAYS
Sources: San Mateo, Piedmont, Palo Alto, Chula Vista 1, Chula Vista 2 20.22 , Denver, Portola Valley, Brisbane, Half Moon Bay, Urban Green

EXAMPLE EQUITABLE POLICY PROVISIONS
Ensure renters are not unnecessarily forced out of their home a. Identify decarbonization opportunities during planned rehabilitations of affordable housing in coordination with Economic Development and Housing Authority
a. Establish tenant protection policies that prevent evictions during renovations (i.e., San Francisco)
Ensure housing that is currently affordable remains affordable a. Prevent energy improvement costs from being passed on to renters in bulk and instead amortized over the useful life of the measure (i.e., Chula Vista and West Hollywood)
a. Establish resident and expert engagement channels that regularly review for fair and just policy implementation.

Source: Shute, Mihaly, & Weinberger LLP, Building Electrification/Tenant Protections Memo for Menlo Spark 20.23

AVAILABLE FUNDING PATHWAYS
Building Performance Standards are commonly adopted for larger multifamily, commercial buildings
• Brisbane, Chula Vista, Denver, New York City, and dozens of other cities have adopted
• May be complemented with End-of-Flow (Half Moon Bay)
Time of Permit or Replacement has been required of all building types • Piedmont, Portola Valley, Denver, Seattle, Vancouver (proposed) • May be a good entry point for single-family
• Incentives help (Denver)
Time of Property Transfer is an opportunity to disclose compliance status • Piedmont, Chula Vista, Denver
• No examples outside of Davis requiring 100% code compliance Insurance/
Medicaid

20.24 AVAILABLE FUNDING RESOURCES

20.25 2022 ACTIVITIES
Staff + Community Partner NAACP participated in Equitable Home Electrification Cohort Completed technical analysis of existing bldg. stock
Conducted 4 listening sessions and 1 education webinar
• Comprehensive contact list prepared
• Fact Sheet and website prepared
• Beach Flats Earth Day event and engagement
Securing Funding
• Partnered on DOE WAP grant for low income EBE pilot
• Regional Climate Project Working Group awarded funds
to leverage for more EBE funding
Workforce development
Retrofitted a number of municipal hot water heaters to electric 20.26 • Some Santa Cruz buildings are likely electric-ready
• ~25% of residential dwellings’ space conditioning
• ~15% of residential dwellings’ hot water
• ~50% of nonresidential floor area conditioning
• Rate of naturally occurring residential electric-ready or electrofits is low. If every project permit type included an electrofit, Santa Cruz would need ~30 years to become fully electric.
• Electrofits pose significant upfront incremental costs • Residential approximately $300M (all bldg. stock)
• Commercial approximately $10M (all bldg. stock; excluding industrial) • ~25% of housing occupants are highly sensitive to energy bills Emphasis on Whole Building Health: health, safety and water/ energy efficiency first
What we have learned…

20.27 • Proactive community engagement is needed on this topic • Need more education and training of installers
• Public Safety Power Shutoff concern
• Time for PGE service upgrades
• Need funding
What we have heard…

20.28 Will Electrification Reduce Resilience?
Heat Pump Water
Heating
Heat Pump
Space Heating
Induction
Cooking
Electric Clothes
Drying
Modern gas furnaces
require electric fans. Some
fireplaces will still work.

Modern gas water
heaters require
electronic ignition or
pumps. Legacy water
heaters will still work.

Gas dryers use
electric motors to
run tumbler
Gas stoves will work
without electricity, but
it’s unsafe

20.29 Feb + Mar 2023
Community
Engagement
Evaluate
Affordable
Housing Rehab
Electrofits
May / June
2023
City Council
Study Session
for policy
direction
July - Sept
2023
Additional
Engagement
including
Commissions/
Committees
October 2023
First EBE policy
at City Council
for adoption +
implementation
plan presented
Jan 2023
Roadmap
Presentation to
City Council
Timeline to Policy
WHAT’S NEXT?
← Work with community partners to define incent 20.30ive programs for transition via policy adopted → Thank you!
Questions?

20.31 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Council
SUBJECT: Appointments to City Commissions (CN)
RECOMMENDATION: Motion to:
1) Approve the transition of at-large Council appointments for most commissions to a directly appointed system while allowing all current commissioners to complete their terms in accordance with the attached table; and
2) Introduce an ordinance amending Santa Cruz Municipal Code Section 2.40.011 to reflect the recommended appointment process.

BACKGROUND: The recent conversion of the City from a system where all seven Councilmembers were elected at-large, and the mayor elected annually, to one where Councilmembers are elected by geographical districts and the mayor is elected by the voters for a four-year term represents a fundamental structural change. While all Councilmembers will be responsible for governing the entire city, they will have a deeper relationship with their individual districts and a greater responsibility representing them.

In my view, it is important that the way the City is governed recognize this fundamental change in its structure. When all Councilmembers were elected at-large, it was reasonable that council appointments to commissions also be on an at-large basis so that over time the commissions would reflect the perspective of the council majority. Now, with an independently elected Mayor and Councilmembers elected by district, it is appropriate that commissioners reflect the perspective of individual Councilmembers who nominate them for appointment. This change will allow Councilmembers to work more closely with their commissioners and allow for greater consistency with council and district concerns.

However, since this new appointment system represents a major shift in the way members of the public are appointed to commissions, the transition needs to be implemented with sensitivity.

Sitting commissioners should not be removed during their terms.

Also, the new system should only apply to commissions with seven members, unless their membership is defined by ordinance. Some commissions have more than seven members, often with representatives from specified categories. The revised system should not apply to these.

21.1 Commissions that would be affected by this new system1 would include:
• Arts
• Downtown
• Historic Preservation
• Parks and Recreation
• Planning
• Transportation and Public Works
• Water2
DISCUSSION: The transition to a directly-appointed system is complex because under the current process, commissioners are appointed or re-appointed for four years on an annual basis.

This means that some terms don’t expire on election years but on the off-years. Assigning seats, then, to individual districts is somewhat challenging. Therefore, moving these off-year appointments to coincide with Councilmember elections means that some commission members will need to be appointed or re-appointed for one-year terms and some for three-year terms.

It is important to point out that the municipal code requires the Council to appoint commissioners, and this would not change under the proposed system. While the mayor and individual Councilmembers will nominate appointees to the commissions, these will need to be confirmed by a majority of the council.

To realize the objective of transitioning the commission appointment process to one based on direct appointments as expeditiously but as fairly as possible, the following approach is proposed:

1. The seats of commission appointees whose terms expire in January 2023, will be assigned to the Mayor and Districts 4 and 6 to the extent that three are up for appointment. If less than three seats are open, the Mayor will be assigned the first seat and the other one/s will be assigned in numerical order, to the District 4 and/or 6 Councilmembers.

2. The seats of commission appointees whose terms expire in January 2024 will be assigned to either District 4 and/or 6, if they do not already have a seat assigned to them. For those seats assigned to District 4 and/or 6, the Councilmembers would nominate, if eligible, their representatives for three-year terms so they these terms correspond with the term of the nominating Councilmember. The other seat would be filled by motion for a one-year term. .

3. In January 2025, the seats on commissions with members whose terms are expiring as well as any seats with members appointed for a two or one-year term will be assigned to districts in numerical order.
1 This proposed change would not apply to the Board of Building Appeals, Commission for Prevention of Violence Against Women, Equal Employment Opportunity Committee, or Sister Cities Committee. 2 Note that SCMC § 2.40.071 specifies that “one member of the water commission shall be a qualified elector of the county who resides outside of the city limits but within the city’s water service area.” Currently that position is held by Tom Burns, with a term expiring on January 31, 2025, and his reappointment or replacement would be subject to nomination by the Councilmember elected in 2024 from District 3.

21.2 4. Since there are members of commissions whose terms do not expire until January 2026, these seats will be assigned to the remaining districts in numerical order for nomination for three-year terms expiring in January 2029. These terms would then expire after the election or re-election of Councilmembers in 2028.

Under this process, all commissions with seven members, except the Commission for the Prevention of Violence Against Women, will be assigned to individual Councilmembers and the Mayor by the 2028 council election while all currently sitting commissioners will be allowed to complete their terms.

As mentioned earlier, given the existing appointment process, transitioning to this district-based system is somewhat complex. Because of this, it might be helpful to give a concrete example, using the Downtown Commission, to show how the proposed approach will work:

1. The terms of two Downtown commissioners expire in January 2023. One of these seats would be assigned to the Mayor and the other would be assigned to District 4, both for a four-year term.

2. The terms of two commissioners will expire in January 2024. This seat would be assigned to District 6 for a 3-year term. . Any remaining seat or seats will be appointed by motion for one-year terms. The term would expire after the next council election and the elected or re-elected Councilmember would nominate the representative to a fouryear term.

3. The terms of three commissioners will expire in January 2025 – two currently appointed commissioners and the one commissioner appointed at-large with a one-year term. These seats would be assigned to District 1, 2, and 3 and they would nominate representatives for four-year terms.

4. Finally, the term of one commissioner will expire in January 2026. This seat would be assigned to District 5 and the district Councilmember will nominate the representative to a three-year term.

Though complex, this approach would assign all the commission seats to a specific Councilmember and Mayor by the 2024 election while allowing current commissioners to complete their terms.

Attached is a table showing the current commissioners for all the affected commissions, when their terms expire and what districts would be assigned their seats. The table can be used to understand the effect of the proposed process on each commission.

The recommended revisions to the appointment of city commissioners, while an important change reflecting the new structure for electing Councilmembers by district, can be implemented under existing provisions of the Municipal Code, since a council majority will need to approve individual nominations. The relevant subsections of Section 2.40.011 are the following:

21.3 “2.40.011 NUMBER, MANNER OF APPOINTMENT AND TERMS OF OFFICE.

As Councilmembers know, interviews for currently open commission seats were held on January 17th with the expectation that appointments would be made at this meeting. By approving the revisions to the appointment process contained in this agenda report, currently open appointments or re-appointments can be made based on nominations from the Mayor and Councilmembers assigned the open seats at our January 24th meeting.

However, to formalize the transition to directly appointed commission appointments, it would be appropriate to amend the Municipal Code to reflect these changes.

FISCAL IMPACT: None.

Submitted By:

Fred Keeley
Mayor
ATTACHMENTS:

1. ORDINANCE – TRACK CHANGES

2. ORDINANCE – CLEAN

3. TABLE OF COMMISSIONS

21.4 ORDINANCE NO. 2023-__
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 2.40.011 OF

THE SANTA CRUZ MUNICIPAL CODE TO THE SANTA CRUZ MUNICIPAL CODE

PERTAINING TO THE MANNER OF APPOINTMENT OF BOARD MEMBERS AND

COMMISSIONERS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Section 2.40.011 of the Santa Cruz Municipal Code is hereby amended to read as follows:
“2.40.011 NUMBER, MANNER OF APPOINTMENT AND TERMS OF OFFICE.

Unless the ordinance, or an amendment, establishing and setting forth the authority of the board or commission provides otherwise:
(a) There shall be seven members of each board or commission, each of whom shall be a qualified elector of the city;
(b) Each board or commission member shall be appointed by motion of the city council adopted by at least four affirmative votes provided, however, that commencing in January, 2023, appointments to the Arts, Downtown, Historic Preservation, Parks and Recreation, Planning, Transportation and Public Works and Water Commissions shall transition to nomination by the mayor and councilmembers elected by district, and confirmed by a least four affirmative votes, as follows:
(1) Each commissioner shall serve a term concurrently with the mayor or councilmember who nominated the commissioner, provided that if the nominating mayor or councilmember leaves office prior to the expiration of their term, the commissioner’s term shall expire with the mayor’s or councilmember’s term and the succeeding mayor or councilmember shall nominate a new commissioner to fill the unexpired term.
(2) The seats of commission appointees whose terms expire in January 2023, will be assigned to the mayor and districts 4 and 6 to the extent that three are up for appointment. If fewer than three seats are open, the mayor will be assigned the first seat and the other seat(s) will be assigned in numerical order, to the district 4 and/or 6 councilmembers. (3) The seats of commission appointees whose terms expire in January 2024 will be assigned to either district 4 or 6, if they do not already have a seat assigned to them. For those seats assigned to District 4 and/or 6, the council members may nominate, if eligible, their representatives for three-year terms so they these terms correspond with the term of the nominating council member. Any remaining seat or seats shall be appointed by motion of the City Council for one-year terms.
(4) In January 2025, the seats on commissions with members whose terms are expiring as well

21.5 ORDINANCE NO. 2023-__
2 as any seats with members appointed for a one-year term will be assigned to districts in numerical order.
(5) Members of commissions whose terms do not expire until January 2026 shall be assigned to the remaining districts in numerical order for nomination for three-year terms expiring in January 2029.
(6) If a seat occupied by a board or commission member originally appointed by motion becomes vacant, their replacement shall be filled by nomination of councilmembers elected by district in numerical order if they do not have a seat assigned to them, for a term expiring with the nominating councilmember’s term. If all councilmembers elected by district have a seat assigned to them, then the vacancy shall be filled by motion for a term ending January 31st of the next odd-numbered year following the effective date of the vacancy. (c) The term of office of each board or commission member shall be four years, expiring on January 31st; provided, however, that if a replacement has not been appointed and qualified as of the January 31st expiration date, the board or commission member shall continue to serve until a successor has been appointed and qualified. If as a result of this chapter there are additional members added to any board or commission, or if the city council shall hereafter establish a new board or commission, the city council shall set the term of office at the time of appointment to the new office;
(d) If additional members must be appointed to fill the complement of a board or commission, such appointments shall be made at the earliest reasonable date; (e) Each member of the board or commission shall be subject to removal by motion of the city council adopted by at least four affirmative votes;
(f) Upon the establishment of any new board or commission comprised of seven members, the mayor and each councilmember shall nominate one person to serve as one of the initial members.

The terms of office for members of any new board or commission shall be established by the city council, by lot or otherwise, so that the term of oneeach member expires in January following the expiration of the term of the mayor or councilmember to nominated them.no later than one year after appointment, that the term of two other members expires no later than two years after appointment, that the term of two other members expires no later than three years after appointment and that the term of the last two members expires no later than four years after appointment.”
Section 2. Effective Date. This ordinance shall be in full force and effect thirty (30) days from the date of its final adoption provided, however, that it shall apply retroactively to any appointments to Boards and Commissions after January 1, 2023.

21.6 ORDINANCE NO. 2023-__
3 PASSED FOR PUBLICATION this 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ____________________________
Fred Keeley,
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator

21.7 ORDINANCE NO. 2023-__
4 PASSED FOR FINAL ADOPTION this XX day of XX, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ____________________________
Fred Keeley,
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2000-07
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk

21.8 ORDINANCE NO. 2023-__
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 2.40.011 OF

THE SANTA CRUZ MUNICIPAL CODE TO THE SANTA CRUZ MUNICIPAL CODE

PERTAINING TO THE MANNER OF APPOINTMENT OF BOARD MEMBERS AND

COMMISSIONERS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Section 2.40.011 of the Santa Cruz Municipal Code is hereby amended to read as follows:
“2.40.011 NUMBER, MANNER OF APPOINTMENT AND TERMS OF OFFICE.

21.9 ORDINANCE NO. 2023-__
(4) In January 2025, the seats on commissions with members whose terms are expiring as well as any seats with members appointed for a one-year term will be assigned to districts in numerical order.
(5) Members of commissions whose terms do not expire until January 2026 shall be assigned to the remaining districts in numerical order for nomination for three-year terms expiring in January 2029.
(6) If a seat occupied by a board or commission member originally appointed by motion becomes vacant, their replacement shall be filled by nomination of councilmembers elected by district in numerical order if they do not have a seat assigned to them, for a term expiring with the nominating councilmember’s term. If all councilmembers elected by district have a seat assigned to them, then the vacancy shall be filled by motion for a term ending January 31st of the next odd-numbered year following the effective date of the vacancy. (c) The term of office of each board or commission member shall be four years, expiring on January 31st; provided, however, that if a replacement has not been appointed and qualified as of the January 31st expiration date, the board or commission member shall continue to serve until a successor has been appointed and qualified. If as a result of this chapter there are additional members added to any board or commission, or if the city council shall hereafter establish a new board or commission, the city council shall set the term of office at the time of appointment to the new office;
(d) If additional members must be appointed to fill the complement of a board or commission, such appointments shall be made at the earliest reasonable date; (e) Each member of the board or commission shall be subject to removal by motion of the city council adopted by at least four affirmative votes;
(f) Upon the establishment of any new board or commission comprised of seven members, the mayor and each councilmember shall nominate one person to serve as one of the initial members.

The terms of office for members of any new board or commission shall be established by the city council, so that the term of each member expires in January following the expiration of the term of the mayor or councilmember to nominated them. ”
Section 2. Effective Date. This ordinance shall be in full force and effect thirty (30) days from the date of its final adoption provided, however, that it shall apply retroactively to any appointments to Boards and Commissions after January 1, 2023.

21.10 ORDINANCE NO. 2023-__
PASSED FOR PUBLICATION this 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ____________________________
Fred Keeley, Mayor
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator

21.11 ORDINANCE NO. 2023-__
PASSED FOR FINAL ADOPTION this XX day of XX, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ____________________________
Fred Keeley, Mayor
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2023-
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk

21.12 Arts Commission January 2023 January 2024 January 2025 January 2026 Elizabeth Birnbaum District 5 – 3-year term
Christopher Carr Mayor - 1st
Linda Cover At large, 1-year term District 1 - 1st
Marilyn Kuksht At-large, 2-year term District 2 - 2nd
Bridgit Lyons District 3 - 3rd
Sean Swain McGowen District 4 - 2nd
Everett Ó Cillín District 6 - 3rd
Downtown Commission January 2023 January 2024 January 2025 January 2026 Carolyn Book-Kelley Mayor - 1st
Enda Brennan District 6 – 3-year term
Elizabeth Carr District 2 - 2nd
Jennalee Dahlen District 5 – 3-year term
Matt Farrell District 4 - 2nd
Joe Ferrara At large 1 year term District 1 - 1st
Daniel Nelson District 3 - 3rd
Historic Preservation Commission January 2023 January 2024 January 2025 January 2026 Traci Bliss Mayor - 1st
Jessica Kusz District 1 - 1st
Don Lauritson District 3 - 1st 3 year term
Joe Michalak District 5 - 2nd 3 year term
Albert Narath District 4 - 1st – 3-year term
David Subocz District 2 - 2nd
Frank Zwart District 6 - 2nd – 3 year term
Parks and Rec Commission January 2023 January 2024 January 2025 January 2026 Bradley Angell Mayor - 1st
Jorge Leonardo Cruz District 6 – 3 year term
Kristina Kincaid Glavis District 1 - 1st
Gillian Greensite District 4 - 2nd
Hollie Locatelli District 2 - 2nd
Jane Mio District 3 - 1st – 3 year term
Jacob Pollock District 5 - 2nd – 3 year term
Planning Commission January 2023 January 2024 January 2025 January 2026 Julie Conway District 2 - 2nd
Cyndi Dawson District 6 – 3 year term
Mariam Greenberg Mayor - 1st
Pete Kennedy District 3 - 1st – 3 year term
Sean Maxwell At large 1 year term District 1 - 1st
Mark Mesiti-Miller District 5 - 2nd 3 year term
Andy Schiffrin District 4 - 2nd
Transportation and Public Works January 2023 January 2024 January 2025 January 2026 Phillip Boutelle Mayor
Candace Brown District 4 - 1st 3 year term
Ron Goodman District 6 - 2nd 3 year term
Kyle Kelley District 3 - 3rd
Ryan Meckel At large 1 year term District 1 - 1st
Robert Orrizzi District 5 - 4th
Zennon Ulyate-Crow At large 1 year term District 2 - 2nd Water Commission January 2023 January 2024 January 2025 January 2026 Justin Burks District 2 - 2nd
Tom Burns District 3 - 3rd
Doug Engfer District 6 - 3 year term
Alejandro Paramo At large - 1 year term District 1 - 1st Garrett Roffe District 5 - 3 year term
Sierra Ryan Mayor - 1st
Vacancy District 4 - 2nd
City of Santa Cruz Advisory Body Members

21.13 1
Bonnie Bush
From: Garrett <[email protected]>
Sent: Thursday, January 19, 2023 4:25 PM
To: City Council
Subject: 1.24.23 Agenda Item # 21 Commission appointments

1.24.23 Agenda Item # 21 Commission appointments
Dear Council,
The Mayors comments about how commissioners will be appointed last meeting greatly alarmed me as well as this resulting agenda item.

He suggested that many commission vacancies would be appointed by mostly himself and just one or two district members if I heard right. While perhaps there will be 7 commissioners eventually to appoint for each commission, but for quite a while the other council members, AND ALL THEIR ENTIRE PUBLIC WHO VOTED FOR THEM will not have representation in this process, period, and that fact and others are not considered for no good reason.

The reasons given in the last meeting were as follows:
1) Commissioners and council get paid nothing or very little. Not exactly a reason by any stretch.
2) The county does it this way. I can’t recall how many, many times I’ve explained that if some other authority does something, IT IS NEVER, EVER, NEVER , EVER a reason in itself do anything. Never. There may be factors that make it a good thing for them, and not for us, and you represent the people of Santa Cruz not the county (anymore).
3) You want commissions to represent “your team” to council members. Considering how long this takes and many council members will be gone and not aligned with commissions, this is a farce and a power grab. One commission appointment doesn't make any commission "your team" anyway.

The case is not made why the current system is inferior (it is not).

It ignores the reality that 7 minds are better than one, the entire reason for a council as regards nominations (many districts can’t nominate for a very long time).

District elections are as close as we can be to a democratic republic that respects both majority opinion with equal population districts and different regional interests. District representation is therefore complete and the current process is one of a democratic republic.

21.14 2
This one is not for a very long time.

I suspect this is motivated by a desire to placate some in the Hispanic community who claims they are “under-represented and under-served”. In reality, they ARE represented by whoever is elected, but don’t like whoever that is and essentially have a problem with the government or process although they don’t exactly say what that is except representatives aren’t “like them”. In reality, we went to district elections which should have removed any concerns they have. It didn’t for any good reason. They are also not underserved. They receive huge amounts of privilege in CDBG grants, welfare and special attention. “under-represented and under-served” is a bogus phrase.

I would point this is like throwing an appeasement bone to a dog, but taking away the meal bowl for them but also for every single Santa Cruz resident in regards to commission appointments and representation for a very long time.

This is then a premature at best (better to wait until 2024, or really just an awful idea). If which district gets which appointment is at the Mayors discretion, this is a power grab from the people by the Mayor.

In the past, all council members were “equal” in that they were elected at large. They were then interchangeable also in regards to sub-committees and inter-governmental appointments, as the entire public elected them all.

This also will be a problem then with district elected council members appointments to committees and agencies, something you should think about addressing instead of this wrong way defective commission appointment idea.

Perhaps you could explain this to the Hispanic community our current system is a functional under American law.

I also don’t think the Hispanic community that has a long term problem. It’s the leftist political authority seeking parts of it that can’t accept defeat and like Trump want to blame someone or something else besides a failed campaign and are using race baiting tactics of the far left.

This idea is flaming do-do on a stick if I interpret it as presented.

I personally think the fortunes of the Hispanic community will continuously improve as the Hispanic community already has higher average incomes than some other minorities. I maintain this opinion because Hispanic culture has so many features easily assimilated into European Christian-Judeo culture such as faith, a hard work ethic, a strong family ethic, etc, and their cultures are widely accepted here. They are momentarily held back by a pervasive lack of skill mostly in English, and average incomes suffer from an endless onslaught of illegal immigration of those in poverty, but these will disappear in time after some residency even if it takes a generation.

21.15 3
I urge a NO VOTE.

Garrett Philipp - Westside

21.16 1
Bonnie Bush
From: eric grodberg <[email protected]>
Sent: Monday, January 23, 2023 11:01 AM
To: City Council
Subject: Commission Appointments - Item 21
Dear City Council Members,
I oppose the proposed changes to City Commission appointment system.

Though there's some merit in giving each Council Member his/her own Commissioner appointment, the current proposal gives the Mayor a greatly disproportionate number of Commission appointments.

City Commissions, though nominally advisory to Council, often make important decisions that determine City policy and development. Commission decisions have real on-the-ground effects on the community.

When the voters approved Council District Elections, we approved a Weak Mayor / City Manager form of government. We were repeatedly told that the Mayor would have no greater power on Council than any other Council Member. This proposal would give the Mayor significantly more power than other Council Members and goes against the expectations of the citizens when they voted for District Elections.

If Commissioner selection needs to go through a transition period while District Elections are fully implemented, those Commissioners should be voted on by the Council as a whole, not selected by the Mayor alone.

Please modify the current proposal to reflect the will of the voters and eliminate the disproportionate appointment power of the Mayor from the current proposal.

Regards,
-Eric Grodberg

21.17 1
Bonnie Bush
From: Bonnie Bush
Sent: Monday, January 23, 2023 12:43 PM
To: Dillon Paige; City Council; [email protected] Subject: RE: Appointment to commissions - item 21
Good afternoon,
Thank you for your email. I wanted to reach out to try and better explain the process.

This is a multi-year system as our Council won’t be fully district-represented until after the November 2024 election.

Between now and then, this process set forth by the Mayor will ensure that 1) no current Commissioner/Member’s term will be terminated early and 2) there is no lapse in members on any board. By January 2025, all 7 members of the City Council will have directly nominated someone on each of the commissions that are listed below. Since Mayor Keeley will get first pick, yes, he will directly nominate 7 commissioners, as each of the below has at least one opening. For boards with 2 openings, Mayor Keeley will nominate someone first, then Councilmember Newsome will nominate someone. If Councilmember Newsome and Vice Mayor Golder aren’t scheduled to nominate someone this year, they will get first and second pick next year. I hope that clears up any confusion.

Arts Commission
Downtown Commission
Historic Preservation Commission
Parks and Recreation Commission
Planning Commission
Transportation and Public Works Commission
Water Commission
Bonnie Bush, CMC
City Clerk
City of Santa Cruz
831-420-5035
Public Records Requests may be submitted online via the Public Records Request form, by email, or by hard copy form available at the City Clerk’s Office located at 809 Center Street, Room 9, Santa Cruz, CA 95060.

Please note: Public Record Act Requests submitted via email, fax, USPS, or dropoff after 5:00 p.m. on a business day, Saturdays, Sundays, or holidays will be processed as received on the next open business day. The 10-day response period begins when the request is received.

From: Dillon Paige <[email protected]>
Sent: Monday, January 23, 2023 10:40 AM
To: City Council <[email protected]>; [email protected] Subject: Appointment to commissions ‐ item 21

21.18 2
Dear Mayor Keeley and City Council Members
I have read the proposed new procedures for transitioning city commission vacancies to districts. It makes sense to me (as was explained at the end of the previous city council meeting) given that council members do not have assigned staff, that district council members should be able to make appointments on a rotating basis in order to build a team and work more closely with their appointed commissioners. However, I don't feel the mayor should play a part in the appointment process.

When the switch to a 4‐year mayor was proposed and campaigned for, it was stated repeatedly that this would be a weak mayor system, that other than setting the agenda, the mayor would have no more power than the other city council members. The district rationale applied to the appointment of commissioners does not apply to the mayor, as the mayor works with the whole city, and it would be preferable that the mayor remain neutral in this process.

As I look at the Table of Commissions, it would appear that under this newly proposed interim process, this year the mayor would get 7 appointments, district 4 would get 5, and district 6 would only get 1. How is this fair? Both district 4 and district 6 have newly‐elected district council members.

I would like to suggest that a more fair system would be that the mayor not make any appointments, and that any appointments being made this year be evenly divided between district 4 and district 6. The mayor can vote with the rest of the council on any proposed appointments to the commissions, and the majority council vote would prevail. That way the mayor would not have an outsized influence on these commission appointments, which would more clearly represent district interests.

Sincerely,
Dillon Paige

21.19 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Arts Commission
RECOMMENDATION:
1) Approve Mayor Keeley's, Councilmember Newsome's, and Vice Mayor Golder's nominations to the Arts Commission, with terms ending January 31, 2027. 2) Nomination and approval of one Arts Commissioner, with a term ending January 31, 2025.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The Arts Commission allows for two County members, so long as they work in qualifying fields. One of the open positions is eligible for the appointment of a County resident.

The following people are seeking appointment to the Arts Commission:

Robert Blitzer
Martel Braymer
Christopher Carr*
Isabel Contreras**
Samantha Rose Lee
Héctor Marin
Sean McGowan*
Valeria Miranda
Nikki Patterson
Joy Schendledecker
Vivian Vargas
*Currently serving on this Commission and seeking reappointment. **Lives outside City Limits. There is currently one possible Arts Commission opening which can be filled by a non-resident.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk

22.1 ATTACHMENTS:

None.

22.2 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Board of Building and Fire Appeals
RECOMMENDATION: Nominate and appoint and/or reappoint six members to the Board of Building and Fire Appeals, with terms ending January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission/board.

DISCUSSION: The following people are seeking appointment or reappointment to the Board of Building and Fire Appeals:

Rory Howland
Thomas Kern*
Christian Nielsen
Monica Ratliff*
Scott Rogers
Bill Schultz
Patrick Splitt*
*Currently serving on this board and seeking reappointment.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

23.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Commission for the Prevention of Violence Against Women RECOMMENDATION: Approve Mayor Keeley's, Vice Mayor Golder's, and Councilmember Newsome's nominations to the Commission for the Prevention of Violence Against Women, with terms ending January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: Mayor Keeley, Vice Mayor Golder, and Councilmember Newsome may each nominate one person. The following people are seeing appointment or reappointment to the Commission for the Prevention of Violence Against Women:

Deborah Christie
Ilene Feinman
Savannagh Hartwell
Emma Ledvina
Samantha Rose Lee
Karen Madura*
Héctor Marin
Joy Schendledecker
*Currently serving on this Commission and seeking reappointment.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

24.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Downtown Commission
RECOMMENDATION: Approve Mayor Keeley’s and Councilmember Newsome's nominations to the Downtown Commission, with terms ending in January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment to the Downtown Commission:

Carolyn Book-Kelley*
Peggy Dolgenos
Savannagh Hartwell
Samantha Rose Lee
Cynthia Mathews
Chad Mitcham
Bubb Rader
Joy Schendledecker
Boden Shargel
Rafa Sonnenfeld
*Currently serving on this Commission and seeking reappointment.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

25.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Historic Preservation Commission
RECOMMENDATION: Approve Mayor Keeley's nomination to the Historic Preservation Commission, with a term ending in January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment to the Historic Preservation Commission:

Jessie Durant
Samantha Rose Lee
Nikki Patterson
Donna Ramos
Bill Schultz
FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

26.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Parks and Recreation Commission
RECOMMENDATION: Approve Mayor Keeley’s and Councilmember Newsome's nominations to the Parks and Recreation Commission, with terms ending January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment/reappointment to the Downtown Commission:

Bradley Angell*
Esabella Bonner
Deborah Christie
Gillian Greensite*
Walter “Joe” Griffin
Samantha Rose Lee
Nikki Patterson
Michael Polhamus
Joy Schendledecker
Boden Shargel
Nikolas Strong-Cvetich
Leslie Wooding
*Currently serving on this Commission and seeking reappointment.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

27.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Planning Commission
RECOMMENDATION: Approve Mayor Keeley's and Councilmember Newsome's nominations to the Planning Commission, with terms ending January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment/reappointment to the Planning Commission:

Bradley Angell
Ayo Banjo
Elizabeth Conlan
Candice Elliot
Timerie Gordon
Héctor Marin
Kenneth Matlin
John McKelvey
Philip Mekis
Daniel Nelson
Michael Polhamus
Ron Pomerantz
Charles Prograce
Andy Schiffrin*
Joy Schendledecker
Bill Schultz
Boden Shargel
Rafa Sonnenfeld
Joe Thompson
Sarah Wilke
Shawn Williams
*Currently serving on this Commission and seeking reappointment.

FISCAL IMPACT: None.

28.1 Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

28.2 1
Bonnie Bush
From: eric grodberg <[email protected]>
Sent: Monday, January 23, 2023 12:22 PM
To: City Council
Subject: Planning Commission Appointments - item 28
Dear Council,
I support the appointment of John McKelvey and Michael Polhamus to the Planning Commission.

Regards,
-Eric Grodberg

28.3 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Sister Cities Committee
RECOMMENDATION: Nominate and appoint and/or reappoint three members to the Sister Cities Committee, with terms ending in January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment to the Sister Cities Committee:

Esabella Bonner
Samantha Rose Lee
Linda Snook
Isabelle Tuncer*
Anita Wood*
*Currently serving on this Committee and seeking reappointment.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

29.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Transportation and Public Works Commission
RECOMMENDATION: Approve Mayor Keeley's nomination to the Transportation and Public Works Commission, with a term ending January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment to the Transportation and Public Works Commission:

Susan Gilchrist
Sabrina Lopez
Chad Mitcham
Alex Ponik
Joy Schendledecker
Boden Shargel
Joe Thompson
FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

30.1 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Clerk
SUBJECT: Water Commission
RECOMMENDATION: Approve Mayor Keeley's and Councilmember Newsome's nominations to the Water Commission, with terms ending January 31, 2027.

BACKGROUND: At its meeting on January 17, 2023, the City Council held interviews of applicants wishing to serve on a City commission.

DISCUSSION: The following people are seeking appointment to the Water Commission:

Ross Albert
Maggie Duncan-Merrell
Megan Goddard
Jonathan Lear
Sabrina Lopez
James Mekis
Sierra Ryan*
Joy Schendledecker
Bill Schultz
Joe Thompson
*Currently serving on this Commission and seeking reappointment.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
ATTACHMENTS:

None.

31.1 32.1

32.2 32.3

32.4 32.5

32.6 32.7

32.8 32.9

32.10 32.11

33.1 33.2

33.3 33.4

33.5

Santa Cruz City CouncilJanuary 24, 2023

Santa Cruz City Council
January 24, 2023