Santa Cruz City Council
January 24, 2023

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

CITY COUNCIL AGENDA
Regular Meeting – January 24, 2023
12:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:00 P.M. CONSENT, CONSENT PUBLIC HEARING, GENERAL BUSINESS, ADVISORY

BODY APPOINTMENTS, AND ORAL COMMUNICATIONS, ZOOM/COUNCIL

CHAMBERS
IMPORTANT NOTICE:

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

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

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, January 23rd
January 24, 2023 City Council 2
PLEASE NOTE:

Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, January 22nd by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

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

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 9, Santa Cruz, California, during normal business hours.

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at:
www.cityofsantacruz.com/government/city-council-meetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 9, Santa Cruz, California, during normal business hours, and at the council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030.

Closed Session
12:30 PM
Closed Session

1. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
City Negotiator – Lisa Murphy
January 24, 2023 City Council 3
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) Property: 902 Pacific Avenue and 333 Front Street
APNs: 005-152-32 and 005-152-33
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and 902 Pacific Ave. Investors, L.P.

Under Negotiation: Price, terms of payment, or both

3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Lopez, Alicia v. Mary McCoy, City of Santa Cruz, et al.

Santa Cruz Superior Court Case No. 18CV03301
City Council
2:00 PM
Call to Order
Roll Call
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

January 24, 2023 City Council 4
Consent Agenda

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

6. Resolution Extending Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

7. City Manager Annual Merit Increase (CA)
Motion to approve an annual merit increase for the City Manager in the amount of 5%.

8. Minutes of the January 10, 2023 City Council Meeting (CC) Motion to approve as submitted.

9. Minutes of the January 17, 2023 City Council Special Meeting (CC) Motion to approve as submitted.

10. City Council Ad-Hoc Housing Element Subcommittee (CN) Motion to appoint Mayor Keeley and Councilmembers Kalantari-Johnson and Newsome to a new Ad-Hoc Housing Element Subcommittee that will serve during the preparation of the Housing Element update and any associated subsequent General Plan amendments and rezonings to review draft policies and proposals in advance of their presentation to the full Council.

11. Resolution Establishing the 2023 Security Deposit Interest Rate for Residential Rental Property (ED)
Resolution establishing the 2023 interest rate for the residential security deposits at 0.01% and rescinding Resolution No. NS-29,919.

January 24, 2023 City Council 5
Consent Agenda (continued)

12. Pacific Station North Affordable Housing Transit-oriented Development Project Ground Lease Authorization for 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (ED)
Resolution authorizing the City Manager to enter into lease(s) and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a nonsubstantive nature, in forms approved by the City Attorney, for real property located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APNs 005-152-30, -31, -32, -33 and -05) between the City of Santa Cruz, Santa Cruz Metropolitan Transit District and/or 902 Pacific Ave Investors, L.P., or its affiliate, for the previously approved mixed-use affordable housing project on the site.

13. Award Contract for Portable Toilet Rental and Services (FN) Motion to award a contract for the citywide purchases for on-call portable toilet rental and services to American Debris Box Service, Incorporated DBA American Portables (American Portables), Half Moon Bay, California, in the amount not to exceed $1.5 million over 5 years and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with American Debris Box Service, Incorporated DBA American Portables for portable toilet rental and services.

14. Application Support for Information Technology Systems (IT) Motion to approve statement of work amendment with EPI-Use America, Inc. for application support of critical information technology systems, and authorize the City Manager to execute the contract amendment in a form approved by the City Attorney.

15. Schedule for General Plan Map Amendments for 111-119 Leonard Street (PL)
Motion to accept the report regarding the schedule for the proposed General Plan Map amendments.

January 24, 2023 City Council 6
Consent Agenda (continued)

16. Children’s Fund Oversight Committee Bylaws (PR)
Motion to approve the Children’s Fund Oversight Committee bylaws and governing document.

17. 2023 Nonpoint Source - Clean Water Act section 319(h) Grant:

Authorization for Application, Acceptance, and Appropriation of Grant Funds for Nonpoint Source Water Quality Improvements and Reduction in Homelessness Impacts in San Lorenzo River (PW/CM)
Resolution authorizing the City Manager to apply for, accept, and appropriate funds from the 2023 Nonpoint Source - Clean Water Act section 319(h) Grant for improvements in the San Lorenzo River (pathogen) bacteria levels and reduction in homelessness impacts.

18. Award of Professional Services Agreement to Weck Laboratories for Laboratory Analytical Services (WT)
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.

End Consent Agenda
Consent Public Hearing

19. Extension of Urgency Ordinance Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
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.

January 24, 2023 City Council 7
General Business

20. Existing Building Decarbonization Roadmap (CM/PL)
Motion to accept the existing building decarbonization roadmap presentation.

21. Appointments to City Commissions (CN)
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.

Advisory Body Appointments

22. Arts Commission
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.

23. Board of Building and Fire Appeals
Nominate and appoint and/or reappoint six members to the Board of Building and Fire Appeals, with terms ending January 31, 2027.

24. Commission for the Prevention of Violence Against Women 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.

January 24, 2023 City Council 8
Advisory Body Appointments (continued)

25. Downtown Commission
Approve Mayor Keeley's and Councilmember Newsome's nominations to the Downtown Commission, with terms ending January 31, 2027.

26. Historic Preservation Commission
Approve Mayor Keeley's nomination to the Historic Preservation Commission, with a term ending January 31, 2027.

27. Parks and Recreation Commission
Approve Mayor Keeley's and Councilmember Newsome's nominations to the Parks and Recreation Commission, with terms ending January 31, 2027.

28. Planning Commission
Approve Mayor Keeley's and Councilmember Newsome's nominations to the Planning Commission, with terms ending January 31, 2027.

29. Sister Cities Committee
Nominate and appoint and/or reappoint three members to the Sister Cities Committee, with terms ending January 31, 2027.

30. Transportation and Public Works Commission
Approve Mayor Keeley's nomination to the Transportation and Public Works Commission, with a term ending January 31, 2027.

31. Water Commission
Approve Mayor Keeley's and Councilmember Newsome's nominations to the Water Commission, with terms ending January 31, 2027.

January 24, 2023 City Council 9
Oral Communications Announcement – Community members may address the Council for two minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Adjournment
January 24, 2023 City Council 10

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 24, 2023

32. City Clerk: 2023 Advisory Body Attendance Reports - 1/17/23 (CCFYI 220)

33. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of November 30, 2022 - 12/19/22 (FNFYI 362)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 24, 2023

34. Proclaiming January 19, 2023 as “Marq Lipton Day” and encouraging all citizens to join in honoring him for his decades of service and numerous accomplishments and wishing him well in his retirement.

Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

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

January 24, 2023 City Council 11
City Council Agenda Legislative History Addendum
No information was submitted.

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

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

Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public February 20
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public April 5/6
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public TBD Council Chambers Budget Hearings
May 29
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public June 19
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public July 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 15/16
September 24/25
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Rosh Hashanah (City observed ‐  sundown to sundown)
November 14
October 10
October 24
July 11 and 25 Meetings Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Independence Day
City Hall Closure ‐ Memorial Day
City Hall Closure ‐ Labor Day
August 22
August 8
March 14
March 28
May 9
May 23
City Hall Closure ‐ Juneteenth
Please note: Meeting times are not final and are likely to change Passover (City observed ‐ sundown to sundown)
April 11
April 25
June 13
Yom Kippur (City observed ‐  sundown to sundown)
City Council Meeting Calendar for 2023
June 27
September 12
September 26
February 14
City Hall Closure ‐ Presidents' Day
February 28

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

4.2 City Council

AGENDA REPORT
DATE: 01/11/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Attorney
SUBJECT: Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
RECOMMENDATION: Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

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

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

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

5.1 strongly recommend that all individuals continue to wear masks in indoor public settings.3 The
County of Santa Cruz Health Services Agency also recently issued a press release noting an uptick in local COVID-19 cases and urging the public to “continue basic prevention methods like vaccination, frequent hand washing, and wearing a mask.”4 The highly transmissible omicron variant continues to contribute to positive cases and hospitalizations locally and throughout the State, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases. As such, holding meetings in person would present imminent risks to the health or safety of attendees due to the continued spread of COVID-19.

To continue teleconferenced meetings under AB 361, the City Council will need to declare every thirty (30) days that it has reconsidered the circumstances of the State of Emergency and either (1) the State of Emergency continues to directly impact the ability of the members to meet safely in person; or (2) State or local health officials continue to impose or recommend measures to promote social distancing.5
This declaration is needed for any use of teleconferenced meetings pursuant to AB 361, including for two City meeting models: (1) A City Council hybrid model that uses the City Council Chambers as an in person venue along with teleconference attendance; and (2) Continued use of teleconferencing for City Council and Brown Act City boards, commissions and committees.

At its regular meeting of October 12, 2021, the City Council adopted Resolution No. NS-29,877, authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361. At its regular meetings of November 9, 2021, November 23, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 24, 2022, June 14, 2022, June 28, 2022, August 9, 2022, August 23, 2022, September 13, 2022, October 11, 2022, October 25, 2022, November 15, 2022, December 13, 2022, and January 10, 2023, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, NS 29,994, NS-30,005, NS-30,017, NS-30,028, NS-30,035, NS-30,049, NS-30,053, NS-30,059, NS-30,076, and NS-30-084, further authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361.

This Resolution would re-authorize the legislative bodies of the City of Santa Cruz to continue to use teleconferenced meetings for an additional thirty (30) from the date of its adoption. 3 See Press Release, Twelve Bay Area Health Officers to Life Most Indoor Mask Mandates on February 16 (Feb. 9, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/02.09.22%20ABAHO%20Masking_FINAL.pdf.

See also, BAY AREA HEALTH OFFICERS URGE PUBLIC TO TAKE PRECAUTIONS AS COVID LEVELS RISE (May 13, 2022),
https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/ABAHOMaskRecommendationENG.05132022.pdf. 4 Press Release, Santa Cruz County Public Health Urges Residents to Take Preventative Measures Against Circulating Viruses this Holiday Season (Nov. 23, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/Press%20ReleaseRSV,%20Flu,%20COVID%20Prevention%20112322.pdf. See also Press Release, With Respiratory Viruses Circulating, 12 Bay Area Health Officials Recommend Actions To Stay Healthy for the Holidays (Dec. 15, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/ABAHO_Healthy_For_The_Holidays_12-15-22.pdf. 5 Cal. Gov’t Code § 54953(e)(3).

5.2 FISCAL IMPACT: None.

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

5.3 RESOLUTION NO. NS-XX,XXX

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

AUTHORIZING THE CONTINUED USE OF TELECONFERENCED MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, due to the threat of COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provision suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, and either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees;
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. NS-29, 877, making its initial finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and WHEREAS, on November 9, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 24, 2022, June 14, 2022, June 28, 2022, August 9, 2022, August 23, 2022, September 13, 2022, October 11, 2022, October 25, 2022, November 15, 2022, December 13, 2022, and January 10, 2023, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, NS-29,994, NS-30,005, NS-30,017, NS-30,035, NS-30,049, NS-30,053, NS-30,059, NS-30,076, and NS-30-084, each making a subsequent finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and WHEREAS, as a condition of authorizing the continued use of teleconferenced meetings, the City Council must, every 30 days, reconsider the circumstances of the State of Emergency that exists in the City and the City Council has done so; and

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

A. The City Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020 remains in effect; and B. The City Council finds that due to the continued threat of COVID-19, holding in person meetings for the City Council, City Commissions, and City Committees continues to present imminent risks to the health or safety of attendees; and C. The legislative bodies of the City of Santa Cruz are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and D. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) thirty days from the adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Santa Cruz may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.

5.5 PASSED AND ADOPTED this 24th day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

5.6 City Council

AGENDA REPORT
DATE: 01/17/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

BACKGROUND: Storms in December 2022 and January 2023 have caused significant flooding, infrastructure damage, and other storm impacts, including downed trees and impacts to persons experiencing homelessness. On January 4, 2023, the City Manager issued a “Proclamation of Existence of Local Emergency.”
DISCUSSION: Chapter 2.20 of the City of Santa Cruz Municipal Code, at Section 2.20.030, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.” In view of the facts and circumstances described above, on January 4, 2023, the City Manager declared the existence of a local emergency in the City of Santa Cruz. The City Council ratified the emergency declaration by Resolution No. NS-30,085 at its January 10, 2023 regular meeting.

Without re-approval, the January 10th Council Resolution would expire on or around February 9, 2022, which is before the first February 2023 Council meeting.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the December 2022 and January 2023 winter storms emergency by an additional 60 days, to March 23, 2023.

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

6.1 Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

6.2 RESOLUTION NO. NS-XX,XXX

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

THE LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE DECEMBER 2022 AND JANUARY 2023 WINTER STORMS
WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and WHEREAS, on December 30 and 31st, 2022, the City of Santa Cruz experienced a major rain event (the "December 2022 Atmospheric River Winter Storm"); and WHEREAS, as a result of the December 2022 Atmospheric River Winter Storm, flooding, debris from trees, and mud have impacted the San Lorenzo River and adjacent areas, including the Tannery area, San Lorenzo Park, and the beach. The San Lorenzo River reached 22.1 feet. Rainfall amounts exceeded 7 inches in the mountains over a 24-hour period; and WHEREAS, soil conditions in the City of Santa Cruz remain saturated as a result of the December 2022 Atmospheric River Winter Storm, and another powerful storm event occurred on January 4 and 5th, 2023, increasing flooding and other storm impacts, including downed trees, major infrastructure damage, and impacts to persons experiencing homelessness; and WHEREAS, the County of Santa Cruz proclaimed the existence of a local emergency in the County on January 3, 2023; and
WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the "Emergency Proclamation").

WHEREAS, at its January 10, 2023 meeting, the City Council adopted Resolution No. NS30,085 declaring the existence of a State of Emergency in connection with the December 2022 and January 2023 winter storms, confirming the January 4, 2023 Emergency Proclamation by the Director of Emergency Services; and
WHEREAS, damage to City infrastructure from the December 2022 and January 2023 winter storms is extensive and as a result, the City’s emergency response to the December 2022 and January 2023 winter storms will likely be ongoing.

6.3 RESOLUTION NO. NS-XX,XXX
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

6.4 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: City Attorney
SUBJECT: City Manager Annual Merit Increase (CA)
RECOMMENDATION: Motion to approve an annual merit increase for the City Manager in the amount of 5%.

BACKGROUND: The City Manager is employed by the City through an employment contract.

This contract was approved in December of 2021. The contract calls for an annual performance evaluation and salary review to be conducted by the City Council, and authorizes the Council to grant an annual merit increase based thereon.

DISCUSSION: The City Council conducted an annual performance evaluation on December 6, 2022, and a follow-up performance evaluation/salary review at its January 10, 2023 regular meeting. As a result of the evaluation, the City Council directed that an item be agendized for the January 24, 2023 meeting to consider, in open session, a merit increase in the amount of five percent of base salary. This increase is consistent with other City employees who, upon completion of a successful performance evaluation, are provided a merit increase (often referred to as a Step Increase) of five percent. This will result in an increase in the City Manager’s base compensation from $23,086.96/month to $24,241.31/month.

It is required by California State Law that all executive employee salary increases must be approved in open session at a regularly scheduled City Council meeting.

FISCAL IMPACT: These expenditures were included in the FY 2023 budget and there are no additional fiscal impacts generated by final approval.

Prepared and Submitted By:

Tony Condotti
City Attorney
ATTACHMENTS:

None.

7.1 1
Bonnie Bush
From: JAMES MCGOWAN <[email protected]>
Sent: Friday, January 20, 2023 7:28 PM
To: City Council
Subject: Pay Raise For City Manager
I am very much opposed to giving our city manager a pay increase. From what I have seen he certainly does NOT deserve a raise! Compensation of $290,895 a year salary for a public official in Santa Cruz is obscene! But I’m sure it will be rubber stamped like everything around here these days. As a resident and homeowner in this city for for 47 years, I have seen a lot of change and the change in the past 5 years or more certainly hasn’t been for the better for those of us who pay the property taxes and salary of city employees. Please do not rubber stamp his salary increase. Crime and violent crimes are certainly increasing while public safety is not increasing. Stop throwing money at issues, it doesn’t solve the issue, it just kicks the can down the street.

Sincerely,
James C. McGowan
423 Laurent Street
Santa Cruz 95060

7.2 1
Bonnie Bush
From: Big Joe 77 <[email protected]>
Sent: Saturday, January 21, 2023 4:41 PM
To: City Council
Subject: Public Correspondence: City Council Agenda Item 7: City Manager “Merit” Raise Honorable Mayor, Vice Mayor, and council,
I would suggest that the City first get their “financial house” in order prior to approving lavish pay raises for City Employees already enjoying bloated salaries and benefits. You must also consider that whatever you pay for salaries now, will reflect in your PERS payments later.

Please vote to reject, reduce, or delay this proposed merit raise for the City Manager. You can’t continue to spend money that you don’t have.

Thank you for your time and consideration in this matter. ‐‐
Big Joe 77
Keepin' it Real
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

7.3 1
Bonnie Bush
From: Ruth Ingram <[email protected]>
Sent: Monday, January 23, 2023 8:42 AM
To: City Council
Subject: Merit Raise
I am writing to voice my opposition to the "City Manager" receiving a merit raise.  This has to be a joke.  The City of Santa Cruz is poorly.managed at best.  The streets are not safe, unless you want to be accosted or assaulted you can't go downtown.

The unfortunate businesses that try to make it have to deal with unimaginable acts by drug addicts and/or homeless people ‐ breaking in to their businesses harassing customers, urinating and defecating in their doorways.

If anything the "City Manager" should re fired for a complete failure to properly manage our city.

I was born and raised here and am embarrassed and saddened that no one seems to care about the taxpayers and property owners in the city.

No merit raise is earned or deserved.

Sincerely,
Ruth Ingram
Sent from AT&T Yahoo Mail on Android

7.4 1
Bonnie Bush
From: Robin DeAlvarez <[email protected]>
Sent: Monday, January 23, 2023 9:20 AM
To: City Council
Subject: City Manager Merit Raise
All,
What has the City Manager done to warrant a Merit Raise? Our town is filthy. The downtown is disgusting and unsafe. The Homeless and turn key criminals attack and rob people and are let go with a promise to appear. We now have “skyscrapers “ downtown . Our little town has become a S..t show and we are going to award a merit raise for what? If you have extra money to throw around, how about using it to clean the feces off the sidewalk? Just my humble opinion.

Robin De Alvarez
Resident of over 50 years
Sent from my iPhone

7.5 1
Bonnie Bush
From: Lisa Robertson <[email protected]>
Sent: Monday, January 23, 2023 10:02 AM
To: City Council
Subject: City Manager merit increase
Hello,
I was born and raised in Santa Cruz, my family operated a resort in Soquel for several decades…I lived in my beautiful hometown for 62 years up until 3 years ago.

My reason for leaving? Crime and the inability to walk down the streets of my beloved city without being harassed or threatened, shielding my grandchildren from witnessing public urination by the homeless population supposedly living on the streets for the lack of housing…absurd…it’s a drug problem, and you are proposing a raise for an ineffective City Manager who seems to have done nothing but allow a once amazing city to fall into ruin… You should be ashamed…looks like I made the right decision to leave… Lisa Robertson
Auburn, CA

7.6 1
Bonnie Bush
From: Ellen ellen <[email protected]>
Sent: Monday, January 23, 2023 10:09 AM
To: City Council
Subject: Merit raise?
Shouldn’t there be some changes that we see as residents of Santa Cruz to indicate a merit raise? NOTHING has changed, has even gotten worse. Maybe a raise will be justified when you can move freely, without fear of attack or being ripped off in Santa Cruz.

Thank you, please do not give the city manager a raise! Ellen

7.7 1
Bonnie Bush
From: Bonnie Faraola <[email protected]>
Sent: Monday, January 23, 2023 10:31 AM
To: City Council
Subject: Merit raise
This “merit raise” would put his salary at more than $24K a month/ or an annual salary of $300,000.00 not including benefits. Isn’t that very excessive when
our city workers are out on the streets everyday working their hardest and trying to make ends meet at a salary below the cost of living? For a City that is complaining about its budget this seems unfair to our service worker who don’t also get a ‘merit raise”! The City Manager, as well as other city 6 figure + benefit employees, should be looking after what keeps the city running and take care of them! How long has the City Manager been at this job, less than 2yrs?….excessive! Bonnie Faraola
Sent from Mail for Windows

7.8 1
Bonnie Bush
From: Angela Dysle <[email protected]>
Sent: Monday, January 23, 2023 10:48 AM
To: City Council
Subject: Merit raise?!
Santa Cruz City Council, City Manager,
I beg your pardon...

So you want a raise for having a hand in making downtown Santa Cruz dangerous and disgusting so me, a resident of Santa Cruz county, WILL NOT GO DOWNTOWN TO SHOP OR EAT.....

Congratulations.

You do not deserve a raise.

Angela Dysle
Capitola, California

7.9 1
Bonnie Bush
From: Beckah Berryman <[email protected]>
Sent: Monday, January 23, 2023 12:54 PM
To: City Council
Subject: City Manager Raise Public Comment
Hello,
I want to write in about the absolutely RIDICULOUS idea of the city manager receiving a massive merit raise.

This raise is much too high and is a slap in the face to all the hardworking people of Santa Cruz (including myself) who pay taxes to pay for HIS raise.

Thank you,
Beckah

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

MINUTES OF A CITY COUNCIL MEETING
January 10, 2023
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:31 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder (via Zoom); Mayor Keeley.

Absent: None.

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

Public Comment
Mayor Keeley opened the public comment period at 12:32 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:33 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Closed Session

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

8.1 January 10, 2023 CITY COUNCIL MINUTES 6329
Closed Session (continued)

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v Service Employees International Union, Local 521, PERB Unfair Practice Charge No: SF-CO-511-M
2) Grant Park Neighborhood Association Advocates, et al., v. California Department of Public Health, et al.
3rd Appellate District No. C095659 (potential amicus support) Council received a status report, gave direction, and took no reportable action on item 2.1.

Vice Mayor Golder recused herself from discussion of item 2.2 and Council voted 5 to 1, with Councilmember Brown voting no, to direct the City Attorney’s Office to prepare an amicus brief in support of the plaintiffs and appellants.

3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Koen Hian Liem
2) Claimant: Liberty Mutual Insurance
3) Claimant: Robert Fleck
4) Claimant: Leanne N. Hunter
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 13, and no reportable action was taken.

4. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
Council received a status report, and no reportable action was taken.

8.2 January 10, 2023 CITY COUNCIL MINUTES 6330
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
January 10, 2023
2:15 PM
Call to Order – Mayor Keeley called the meeting to order at 2:20 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Finance Director E. Cabell, Fire Chief R.

Oatey, Chief of Police B. Escalante (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Public Works N. Nguyen (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Deputy Water Director/Water Engineering Manager H.

Luckenbach (via Zoom), Senior Professional Engineer J. Spangrud, Sustainability and Climate Action Manager T. Wise-West, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

At this time Mayor Keeley heard the City Attorney’s Report on Closed Session.

Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from items 24.1 and 24.2 in an abundance of caution as these items have an impact on her employer, the Downtown Association.

Additions and Deletions – City Clerk Administrator B. Bush called on Deputy Water Director/Water Engineering Manager H. Luckenbach to provide the Council with information regarding a need to add an emergency item to the agenda.

City Attorney T. Condotti spoke.

8.3 January 10, 2023 CITY COUNCIL MINUTES 6331
Additions and Deletions (continued)
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to add an item to the agenda to authorize the emergency procurement of goods, materials, and construction services, specifically related to Federal Emergency Management Agency (FEMA) requirements in response to the December 2022 and January 2023 storm events.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

City Attorney Report on Closed Session – See pages 6328—6329 for the report.

Council Meeting Calendar

5. The City Council did not review nor revise the meeting calendar attached to the agenda.

Consent Agenda
Councilmember Watkins pulled items 7 and 14 for further discussion.

Councilmember Brown pulled item 12 for further discussion.

Councilmember Brunner made a comment on item 15.

Senior Professional Engineer J. Spangrud responded to Councilmember Brunner’s questions regarding item 18.

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

Linda Marin spoke regarding item 20.

Unidentified person spoke regarding item 11.

Mayor Keeley closed the public comment period.

8.4 January 10, 2023 CITY COUNCIL MINUTES 6332
Consent Agenda (continued)
MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to approve the remaining Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

6. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,084 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

7. Resolution Declaring the Existence of a State of Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM)
Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to adopt Resolution No. NS-30,085 declaring the existence of a state of emergency arising from December 2022 and January 2023 winter storms with the following amendments as previously presented to Council:

From:

WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and To:

WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and

8.5 January 10, 2023 CITY COUNCIL MINUTES 6333
Consent Agenda (continued)

7. Resolution Declaring the Existence of a State of Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM) (continued) MOTION (continued):

From:

WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency.

To:

WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the “Emergency Proclamation”).

From:

A. The City Council hereby declares that a local emergency, as defined in Government Section 8558(c), Public Contract Code Section 1102 and City of Santa Cruz Municipal Code Section 2.20.020, now exists in the City of Santa Cruz and has existed since on or around December 31, 2022 at 12:00 AM.

To:

A. The City Council hereby declares that a local emergency, as defined in Government Section 8558(c), Public Contract Code Section 1102 and City of Santa Cruz Municipal Code Section 2.20.020, now exists in the City of Santa Cruz and has existed since on or around December 31, 2022 at 12:00 AM, confirms and ratifies the January 4, 2023 Emergency Proclamation, and authorizes and directs the City Manager to undertake the actions and measures described therein to mitigate the existence of the local emergency.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8.6 January 10, 2023 CITY COUNCIL MINUTES 6334
Consent Agenda (continued)
7a. Resolution to Procure Goods, Materials, Supplies, and Services During the Existence of a Local Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM)
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to adopt Resolution No. NS-30,086 authorizing emergency procurement of goods, materials, supplies, general services, professional services, and construction services during the existence of a local emergency arising from December 2022 and January 2022 winter storms.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8. Resolution Extending Emergency Declaration in Connection with COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution No. NS-30,087 was adopted extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic and proclaiming the Declaration of Emergency terminated thereafter.

9. Commission for the Prevention of Violence Against Women Appointment (CC) Motion carried to approve Councilmember Kalantari-Johnson’s nomination of Gabriela Trigueiro to the Commission for the Prevention of Violence Against Women.

10. Minutes of the December 13, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

8.7 January 10, 2023 CITY COUNCIL MINUTES 6335
Consent Agenda (continued)

11. California Department of Water Resources - Authorization of the Submittal of a Grant Application to Study and Develop a Decision Support Tool for Understanding Climate-Influenced River Flooding and Flood Control (CM) Resolution No. NS-30,088 was adopted authorizing the City Manager to apply for funds from the California Department of Water Resources (DWR) Proposition 1 Round 2 Integrated Regional Water Management Grant (IRWM) Implementation grant to study and develop a decision support tool for understanding climate-influenced river flooding and flood control.

12. Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Watkins, to appoint representatives to external agencies, groups, City Council committees and task forces for the 2023 calendar year with the following changes:
 Remove Councilmember Brown from the Downtown Management Corporation and add Councilmember Kalantari-Johnson.
 Remove Councilmember Brunner from the Santa Cruz Community Farmers’ Market Board and add Councilmember Watkins.
 Councilmember Brown will serve as the Santa Cruz County Regional Transportation Commission (RTC) representative and Mayor Keeley will serve as the alternate.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8.8 January 10, 2023 CITY COUNCIL MINUTES 6336
Consent Agenda (continued)

13. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Koen Hian Liem, b) Liberty Mutual Insurance, c) Robert Fleck, and d) Leanne N. Hunter, based on staff recommendation.

14. Energy Efficiency Projects Equipment Lease/Purchase Agreement and Escrow Agreement with Banc of America Public Capital Corp (FN) Finance Director E. Cabell spoke and responded to Councilmember questions.

Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to adopt Resolution No. NS-30,089 authorizing the execution and delivery of an Equipment Lease/Purchase Agreement and Escrow Agreement with Banc of America Public Capital Corp relating to the financing of energy efficiency projects to be undertaken pursuant to an agreement with SitelogiQ, and approving related documents and actions.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

15. Finalizing Sister City Relationship Between Biarritz, France and the City of Santa Cruz (PR)
Resolution No. NS-30,090 was adopted authorizing the Mayor to enter into agreement with Biarritz, France as part of the finalization process to establish Biarritz as a Sister City with the City of Santa Cruz.

8.9 January 10, 2023 CITY COUNCIL MINUTES 6337
Consent Agenda (continued)

16. Integrated Regional Water Management (IRWM) – Adopting the 2019 Addendum to the Santa Cruz Integrated Regional Water Management Plan (Santa Cruz IRWM Plan) (PW)
Resolution No. NS-30,091 was adopted adopting the 2019 addendum to the Santa Cruz Integrated Regional Water Management Plan (Santa Cruz IRWM Plan).

17. California Department of Water Resources (DWR) Grant – Authorization for Application, Acceptance and Appropriation of Grant Funds for Construction of a Recreational Vehicle Dump Station (PW)
Resolution No. NS-30,092 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the California Department of Water Resources (DWR) for the Santa Cruz Integrated Regional Water Management (IRWM) program to pursue a grant for construction of a Recreational Vehicle Wastewater Dump Station project proposed by the City of Santa Cruz Public Works Department.

18. West Cliff Drive Walking Path Storm Damage Repair Project (e401707) – Notice of Completion (PW)
Motion carried to accept the work of Reber Construction Co, Inc. (Santa Cruz, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for West Cliff Drive Walking Path Storm Damage Repair Project (e401707).

19. Newell Creek Pipeline Project: Master Service Agreement NPZ-First Amendment with Ecological Concerns Incorporated for Restoration and Revegetation Services (WT)
Motion carried authorizing the City Manager to execute NPZ-First Amendment to the Master Service Agreement for professional services related to planning for restoration and revegetation for the Newell Creek Pipeline Project with Ecological Concerns Incorporated (Santa Cruz, CA) in a form to be approved by the City Attorney and to authorize the Water Director to execute future contract amendments within the approved budget.

8.10 January 10, 2023 CITY COUNCIL MINUTES 6338
Consent Agenda (continued)

20. Laguna Creek Diversion Retrofit Project: Ratify Master Service Agreement Laguna-Sixth Amendment with Ecological Concerns Incorporated for Restoration and Revegetation Services - Budget Adjustment (WT) Motion carried to:
 Ratify the Laguna-Sixth Amendment to the Master Service Agreement for professional services related to restoration and revegetation for the Laguna Creek Diversion Retrofit Project with Ecological Concerns Incorporated (Santa Cruz, CA) and to authorize the Water Director to execute future contract amendments within the approved budget; and
 Adopt Resolution No. NS-30,093 transferring $41,000 from Water’s Capital Investment Program, project c701801, for the Laguna Creek Diversion Retrofit Project to Water Engineering’s operating budget, activity 7102.

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

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

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

21. 2nd Reading and Final Adoption of Ordinance No. 2022-23 to Amend the Santa Cruz Municipal Code Section 19.05.170 Adopting Additional Provision of the 2022 Edition of the California Fire Code (FD)
Motion carried to adopt Ordinance No. 2022-23 to amend Santa Cruz Municipal Code (SCMC) Section 19.05.170 to incorporate California Fire Code Section 311.5 which provides standards for marking unsafe vacant or abandoned buildings or structures.

8.11 January 10, 2023 CITY COUNCIL MINUTES 6339
General Business

22. Health in All Policies: 2022 Progress Report and 2023 Workplan (CM) Sustainability and Climate Action Manager T. Wise-West gave a presentation and responded to Councilmember questions.

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

Richard
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to accept the Health in All Policies (HiAP) 2022 progress report and approve the proposed 2023 work plan.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

23. Downtown Library and Affordable Housing Project Permit Applications (CN) Councilmember Newsome spoke.

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

Lisa Ekstrom
Matt Farrell
Unidentified person
Lira Filippini
Susan Cavalieri
Fred Geiger
Unidentified person
Joy Fill Tao Greenleaf
Roland Saher
Cynthia Mathews

8.12 January 10, 2023 CITY COUNCIL MINUTES 6340
General Business

23. Downtown Library and Affordable Housing Project Permit Applications (CN) (continued)
Public comment period (continued)
Susan Worth
Jane Doyle
Unidentified person
Gillian Greensite
Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to:
 Approve the two requests from Mayor Keeley and Councilmember Newsome asking that the permit applications be sent to Council for final approval related to the Downtown Library and Affordable Housing Project (located at 113 and 119 Lincoln St.), and
 Pursuant to these requests, direct that the Council, at a later Council meeting, consider and take final action on: (a) the Parks & Recreation Commission’s denial of an appeal, which affirmed the Parks and Recreation Department’s issuance of a heritage tree removal permit, and (b) all other permits and approvals for the project (the Special Use Permit, Design Permit, Nonresidential Demolition Authorization Permit, Lot Line Adjustment, and Sign Permit).

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Recess - The City Council recessed at 4:03 p.m. to the 5:00 p.m. session.

8.13 January 10, 2023 CITY COUNCIL MINUTES 6341
City Council
5:00 PM
Call to Order – Mayor Keeley called the meeting to order at 5:07 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner (left at 5:27 p.m.), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti (via Zoom), Assistant City Manager L. Schmidt (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Deputy City Manager/Director of Human Resources L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Senior Planner S. Neuse, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 5:08 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Steve Bosworth spoke regarding representation of citizens, asking Council to meet with his group.

Hector Marin spoke regarding having an open democracy and asking Council to engage with citizens in a way to encourage more engagement.

Unidentified person spoke regarding emergency response for those who are vulnerable, at-risk, or with access issues.

Sabina Holber spoke regarding emergency shelter for those unhoused.

Unidentified person spoke regarding QR codes to pay parking tickets and use of artificial turf.

Abbi spoke regarding emergency shelter during the recent storm events.

8.14 January 10, 2023 CITY COUNCIL MINUTES 6342
Oral Communications (continued)
Unidentified person spoke regarding hotel and fee increases approved by Council and projections for next year’s City budget.

Unidentified person spoke regarding emergency shelter and making the availability more accessible online.

At 5:26 p.m. Mayor Keeley closed Oral Communications.

At this time, Councilmember Brunner recused herself and left the meeting.

General Business

24. Downtown Expansion Area Plan Amendment Revision
Councilmember Newsome spoke.

Director of Planning and Community Development L. Butler and Senior Planner S. Neuse spoke and responded to Councilmember questions.

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

Jaime [last name unintelligible]
Unidentified person
Unidentified person
Darius
Tony Uzzle
Lira Filippini
Frank Barron
Don Lane
Casey VanDenHeuvel
Manny Pinheiro
Jesse Bristow
Keresha Durham
April Welsh
Anthony Viscuso
Susan Monheit
Ryan Meckel
Chris Zegers
Unidentified person
Bill Kempf
Unidentified person
Chris Murphy
Ron Pomerantz

8.15 January 10, 2023 CITY COUNCIL MINUTES 6343
General Business (continued)

24. Downtown Expansion Area Plan Amendment Revision (continued) Public comment period (continued)
Kathy Haber
Jesse Bristow
Kris Reyes
Laura Lee
Unidentified person
Portia
Elizabeth Madrigal
Unidentified person
Unidentified person
Rafa Sonnenfeld
Gillian Greensite
Mayor Keeley closed the public comment period.

24.1 Downtown Expansion Area Plan Amendment Revision - Report from Mayor Keeley and Councilmember Newsome (CN)
MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to:
 Revise the building height provisions in the draft Downtown Expansion Area Plan Amendment to provide for a maximum of 1,600 dwelling units, with a 20% affordability requirement on the total number of units and with no single building being more than 12 stories, inclusive of any density bonus incentive.
 Continue to study the 1,800 units that have been evaluated in the Environmental Impact Report (EIR) technical analyses since June of 2022, and direct Planning Department staff to study an alternative in the EIR that includes the parameters noted above in Item #1.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

8.16 January 10, 2023 CITY COUNCIL MINUTES 6344
General Business (continued)

24. Downtown Expansion Area Plan Amendment Revision (continued)

24.2 Downtown Expansion Area Plan Amendment Revision - Report from Planning and Community Development (PL)
MOTION: Councilmember Newsome moved, seconded by Councilmember Watkins, to accept the report and consider the information as part of the evaluation of any modifications to the Downtown Plan Expansion, including consideration of staff’s recommendation to continue studying 1,800 units in the plan’s draft Environmental Impact Report.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

Adjournment - The City Council adjourned at 7:26 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

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

MINUTES OF A CITY COUNCIL SPECIAL MEETING
January 17, 2023
6:00 PM
Call to Order – Mayor Keeley called the meeting to order at 6:00 p.m. via Zoom and in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Attorney T. Condotti, Director of Information Technology K. Morgan (via Zoom), Water Director R. Menard (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

General Business

1. Advisory Body Interviews
The following applicants addressed Council:

Ayo Banjo, applying to the Planning Commission.

Bradley Angell, seeking reappointment to the Parks and Recreation Commission.

Martel Braymer, applying to the Arts Commission.

Carolyn Book-Kelley, seeking reappointment to the Downtown Commission.

Valeria Miranda, applying to the Arts Commission.

Christopher Carr, seeking reappointment to the Arts Commission.

Isabel Contreras, applying to the Arts Commission.

Peggy Dolgenos, applying to the Downtown Commission.

9.1 January 17, 2023 CITY COUNCIL SPECIAL MEETING MINUTES 6346 General Business (continued)

1. Advisory Body Interviews (continued)
Maggie Duncan-Merrell, applying to the Water Commission.

Jessie Durant, applying to the Historic Preservation Commission.

Ilene Feinman, applying to the Commission for the Prevention of Violence Against Women.

Timerie Gordon, applying to the Planning Commission.

Megan Goddard, applying to the Water Commission.

Susan Gilchrist, applying to the Transportation and Public Works Commission.

Gillian Greensite, seeking reappointment to the Parks and Recreation Commission.

Thomas Kern, seeking reappointment to the Board of Building and Fire Appeals.

Walter “Joe” Griffin, applying to the Parks and Recreation Commission.

Jonathan Lear, applying to the Water Commission.

Hector Marin, applying to the Planning Commission, Commission for the Prevention of Violence Against Women, and the Arts Commission.

Cynthia Mathews, applying to the Downtown Commission.

Sean McGowan, seeking reappointment to the Arts Commission.

Chad Mitcham, applying to the Transportation and Public Works Commission, Planning Commission, and Downtown Commission.

Nikki Patterson, applying to the Arts Commission, the Historic Preservation Commission, and the Parks and Recreation Commission.

Michael Polhamus, applying to the Planning Commission and the Parks and Recreation Commission.

Charles Prograce, applying to the Planning Commission.

9.2 January 17, 2023 CITY COUNCIL SPECIAL MEETING MINUTES 6347 General Business (continued)

1. Advisory Body Interviews (continued)
Monica Ratliff, seeking reappointment to the Board of Building and Fire Appeals.

Andy Schiffrin, seeking reappointment to the Planning Commission.

Isabelle Tuncer, seeking reappointment to the Sister Cities Committee.

Joe Thompson, applying to the Planning Commission, Transportation and Public Works Commission, and the Water Commission.

Rafa Sonnenfeld, applying to the Downtown Commission and the Planning Commission.

Leslie Wooding, applying to the Parks and Recreation Commission.

Adjournment
MOTION: Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

The City Council adjourned at 8:17 p.m.

9.3 January 17, 2023 CITY COUNCIL SPECIAL MEETING MINUTES 6348 Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

9.4 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Planning
SUBJECT: City Council Ad-Hoc Housing Element Subcommittee (CN) RECOMMENDATION: Motion to appoint Mayor Keeley and Councilmembers KalantariJohnson and Newsome to a new Ad-Hoc Housing Element Subcommittee that will serve during the preparation of the Housing Element update and any associated subsequent General Plan amendments and rezonings to review draft policies and proposals in advance of their presentation to the full Council.

BACKGROUND: The Housing Element is one of the 10 State-mandated “elements” or chapters of a local jurisdiction’s General Plan. It identifies housing sites, policies, and programs to meet existing and projected housing needs for all segments of the community, including various household types, special needs populations, and all income levels of the jurisdiction. In early 2022, the City began the process to update the Housing Element for its upcoming Sixth Cycle (2023-2031). Council approved the project consultant and scope of work, along with additional direction for the project (see the attached City Council Housing Element Resolution), at the June 14, 2022, meeting, and community outreach took place throughout the fall of 2022.

The project needs to submit the updated Housing Element to the State’s Housing and Community Development Department (HCD) by December 2023 to meet HCD’s deadlines.

DISCUSSION: An Ad Hoc Housing Element Subcommittee (Subcommittee) would explore and provide recommendations on the Housing Element Update draft policies in advance of City Council action, along with reviewing and providing recommendations on the draft sites analysis.

The sites analysis must show how the City will meet its Regional Housing Needs Allocation (RHNA) in a manner that affirmatively furthers fair housing. For Santa Cruz, the City must plan for 3,736 units during the 2024 through 2031 time period. The 3,736 units are also broken down into affordable housing income categories. It is anticipated that residential capacity will need to be increased within the City in order to meet the RHNA totals and other HCD requirements.

Draft Housing Element site analyses and policies will be provided to staff by the project consultant in January 2023. Following staff review and refinement, the draft options will be presented to the subcommittee in February for further review prior to holding a Planning Commission study session to receive recommendations and a City Council Study Session to provide direction on the Housing Element site analysis and policies.

Both study sessions will offer the opportunity for public input, and following the meetings, the draft Housing Element Update document will be available for public review prior to submittal to

10.1 HCD, likely in April 2023. Staff anticipates at least two rounds of review and refinement with HCD to achieve State certification of the Housing Element. Given the Housing Element certification deadline and the anticipated multiple rounds of State review, the process to update the Housing Element will continue to move quickly throughout 2023. The Council Housing Element Subcommittee will allow Council to provide additional attention to this important project at key steps in the process while it continues to move forward, including evaluation of consistency with prior Council direction.

Following submittal of the initial Housing Element draft to HCD in April, staff will receive HCD comments within three months, in the summer of 2023. Staff will work to address these comments and any community comments and further coordinate with Subcommittee while preparing the next submittal to HCD. The schedule to achieve State certification of the Housing Element is not exact because it is largely based on the length of time of HCD’s reviews and their satisfaction in the City addressing their comments. However, a rough Housing Element Update Subcommittee schedule could be meetings in February, summer, and fall, as they will likely be key phases when the project is addressing comments from the public and HCD.

The Councilmembers’ Handbook states “Subject to approval of the Council, the Mayor may appoint special committees of the Councilmembers, private citizens, or both, as deemed desirable and necessary to assist and advise the Council in its work.” The Mayor recommends that Councilmembers Kalantari-Johnson and Newsome, along with himself, serve on the Subcommittee.

Health in All Policies (HiAP). The Housing Element Update plays a vital role in advancing the HiAP pillars of equity, public health, and sustainability. The project’s primary function is to identify housing sites, policies, and programs to meet existing and projected housing needs for all segments of the community, including various household types, special needs populations, and all income levels of the jurisdiction. In providing additional Council input on this important process, the formation of the Housing Element Subcommittee will further the HiAP goals that are being met by the Housing Element Update.

CEQA: The formation of the Subcommittee is not considered a project under CEQA.

FISCAL IMPACT: The exact fiscal impact of approval of the recommendation is unknown at this time. Formation of the Subcommittee will require additional staff time to be spent in preparation for and participating in the Subcommittee meetings. Depending on the Subcommittee discussion points, the project consultant may also need to be present at the meetings, which would incur further project costs given that Subcommittee meetings were not in the approved project scope.

Submitted By:

Shebreh Kalantari-Johnson
Councilmember
Submitted By:

Fred Keeley
Mayor
Submitted By:

Scott Newsome
Councilmember
ATTACHMENTS:

1. NS-30,004 - PROVIDING GUIDANCE TO THE CITY’S 6TH CYCLE HOUSING ELEMENT (CN).PDF

10.2 10.3

10.4 10.5
City Council

AGENDA REPORT
DATE: 01/11/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Economic Development
SUBJECT: Resolution Establishing the 2023 Security Deposit Interest Rate for Residential Rental Property (ED)
RECOMMENDATION: Resolution establishing the 2023 interest rate for the residential security deposits at 0.01% and rescinding Resolution No. NS-29,919.

BACKGROUND: Santa Cruz Municipal Code (SCMC) Chapter 21.02 requires that residential renters be paid interest on any security deposit totaling more than fifty dollars ($50.00) held by the landlord. The section further stipulates that the Santa Cruz County Treasurer-Tax Collector annually sets a recommended interest rate for security deposits, which is then adopted by the Santa Cruz County Board of Supervisors. The City Council, by resolution, then adopts that security deposit interest rate for the following year in order to maintain consistency with other jurisdictions within the County.

In early 2013, the City Council amended SCMC Section 21.02.040 to include a subsection permitting landlords to pay tenants’ security deposit interest at the earlier of the following: 1) the termination of tenancy or 2) at the February after accrued interest reaches fifty dollars ($50.00).

In the case that the termination of tenancy occurs before accrued interest reaches fifty dollars, the tenant shall be entitled to a direct payment of the accrued security deposit interest no later than twenty-one (21) days after the tenant has vacated the premises. In the case that the accrued interest reaches fifty dollars ($50.00) before the termination of tenancy, the landlord shall, without demand, pay the tenant the accrued security deposit interest in the form of either a draft payment or a credit against the tenant’s rent (the landlord shall choose between the two methods of payment).

DISCUSSION: In November 2022 the Santa Cruz County Treasurer-Tax Collector conducted a survey of interest paid on savings accounts under $5,000 by six major banking and savings and loan institutions in order to establish the recommended interest rate to be paid on security deposits in 2023. The average interest rate was determined to be 0.01%. The County Board of Supervisors subsequently adopted Resolution No. 295-2022 on November 15, 2022, setting the interest rate at that level effective January 1, 2023.

In accordance with past practices, it is recommended that the 2023 interest rate with the City of Santa Cruz be adjusted retroactive to January 1, 2023 to 0.01%.

11.1 Health in All Policies (HiAP): In terms of assessing this item with respect to the three pillars of Health in All Policies, this action has a direct nexus with equity in that all households renting residential units in the City, including disadvantaged community members, that may be required to provide a security deposit of more than fifty dollars ($50.00) as part of their lease are covered under this section of the municipal code and are entitled to interest on their security deposit as outlined in the code. This resolution will enable the City to provide residential landlords and tenants citywide with the information regarding the current interest rate.

FISCAL IMPACT: None.

Prepared By:

Andrea Inouye
Management Analyst
Jessica de Wit
Housing and Community
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION_2023 SECURITY DEPOSIT INTEREST RATE.DOCX

11.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ESTABLISHING THE INTEREST RATE FOR RESIDENTIAL SECURITY DEPOSITS AT 0.01% FOR 2023 AND RESCINDING RESOLUTION NO. NS-29,919 WHEREAS, the City of Santa Cruz adopted Ordinance 97-10 on December 9, 1997 amending Chapter 21.02 of the Santa Cruz Municipal Code in order to facilitate uniform regulations throughout the County of Santa Cruz for the payment of interest on residential security deposits; and WHEREAS, Section 21.02.010 requires that the interest rate payable by landlords to tenants on residential security deposits be established from time to time by resolution based on the recommendation of the Santa Cruz County Treasurer-Tax Collector; and WHEREAS, the current rate of interest is 0.01%; and
WHEREAS, in November 2022 the County Treasurer-Tax Collector determined that the average interest rate to be charged in 2023 would be 0.01%, which was duly adopted by the Santa Cruz County Board of Supervisors on November 15, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby rescinds Resolution No. NS-29,919 and establishes the interest rate for residential security deposits at 0.01% retroactive to January 1, 2023.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

11.3 City Council

AGENDA REPORT
DATE: 01/11/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Economic Development
SUBJECT: Pacific Station North Affordable Housing Transit-oriented Development Project Ground Lease Authorization for 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (ED)
RECOMMENDATION: Resolution authorizing the City Manager to enter into lease(s) and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a non-substantive nature, in forms approved by the City Attorney, for real property located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APNs 005-152-30, -31, -32, -33 and -05) between the City of Santa Cruz, Santa Cruz Metropolitan Transit District and/or 902 Pacific Ave Investors, L.P., or its affiliate, for the previously approved mixed-use affordable housing project on the site.

BACKGROUND: On January 26, 2021, the City Council approved several entitlements related to the development project, Pacific Station North, located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APNs 005-152-30, -31, -32, -33 and -05) (Project) to develop affordable rental housing with a maximum household income average of 60% Area Median Income (AMI) or below and commercial uses on the lower levels, and to redevelop the Santa Cruz Metropolitan Transit District (METRO) downtown transit METRO Center. The City has fee simple interest of 333 Front Street and 902 Pacific Avenue, (APNs 005-152-32 and -33) and METRO has fee simple interest of the adjoining parcels 912 and 920 Pacific Avenue and 423 Front Street (APNs 005-152-30, -31, and -05).

DISCUSSION: Over the last five years, the City has assembled parcels near the downtown transit METRO Center in order to partner with METRO on developing the Project. It is anticipated that the Project will include 128 affordable housing rental apartments, with a 60% maximum average AMI or lower. While the City originally selected First Community Housing (FCH) as the Project’s developer in a competitive Request for Proposal (RFP) process, FCH has stepped back to have the next closely ranked proposer that the City selected, 902 Pacific Ave Investors, L.P. (902 Pac LP), build the Project.

The City and/or the Project has been awarded several grants and loans, including the State Housing & Community Development’s Local Housing Trust Fund ($5 million), Affordable Housing Sustainable Communities program ($29.6 million), Infrastructure and Infill Grant program ($20.9 million of which a portion is designated for the Project), and the Department of Housing and Urban Development (HUD) HOME Investment Partnerships program (HOME) ($3 million) and FY 2023 federal budget appropriations ($2 million). Per State funding

12.1 requirements, the City needs to enter into a lease(s) with the affordable housing developer, 902 Pac LP, or its affiliate, to use the awarded funds.

Additionally, in order to be eligible for various public and private funding programs, the affordable housing developer must demonstrate site control of the parcels proposed for development. This site control may be in the form of a ground lease and given the City’s investment in the Project and desire for long-term downtown revitalization, staff is recommending a ground lease to retain long-term site ownership by the City and control of various components of the Project, including commercial selection and ongoing lease revenue.

Staff recommends that the City Council adopt a resolution authorizing the City Manager or Economic Development and Housing Director to enter into one or more ground leases for the above-described City-owned parcel(s) with 902 Pac LP, and/or its affiliate, for a minimum term of 55 years from Certificate of Occupancy at an annual lease fee of $1. The developer/lessee would be solely responsible for the development of the Project improvements and the ongoing operation and maintenance of the affordable rental housing during the lease term. Upon completion of the Project, the City would enter into separate leases with the commercial tenants.

Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. With the Project located downtown, it encourages a sustainable and healthy lifestyle by allowing residents to walk and ride to the job center and commercial uses in the downtown vicinity. The site will also include the Metro station, allowing for residents and downtown visitors to use public transit to gain access to other areas of the city, thereby further promoting sustainable transportation use. By providing 100% affordable rental apartments, this will not only help the City with a more sustainable supply of rental housing, but will also help create a more inclusive equitable community.

FISCAL IMPACT: There is no impact to the General Fund by the approval of the recommended action. Once the development is complete, significant revitalization efforts will be completed in lower Pacific Avenue in addition to the much-needed affordable housing that include a new METRO transit station, new commercial retail and a new public paseo pedestrian enhancement connecting to the Riverwalk that will substantially increase the vitality and help sustain the downtown economy. The City will receive increased revenue from future commercial tenants in the Project.

Prepared By:

Jessica de Wit
Housing and Community
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

12.2 RESOLUTION NO. NSRESOLUTION FOR THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING THE CITY MANAGER TO ENTER INTO LEASE(S) AND

AUTHORIZING THE ECONOMIC DEVELOPMENT AND HOUSING DIRECTOR TO EXECUTE ANY AMENDMENTS OR DOCUMENTS NEEDED THERETO OF A NONSUBSTANTIVE NATURE, IN A FORM APPROVED BY THE CITY ATTORNEY FOR REAL PROPERTY LOCATED AT AND ADJACENT TO 902, 912 AND 920 PACIFIC AVENUE AND 333 AND 423 FRONT STREET (APNS 005-152-30, -31, -32, -33 AND - 05)
All or a necessary quorum and majority of the City Council of the City of Santa Cruz, a California Municipal Corporation, (“City”) hereby consents to, adopts and ratifies the following resolution:

WHEREAS, the City of Santa Cruz, applicant for properties located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (“applicant”), also known as Assessor’s Parcel Numbers 005-152-30, -31, -32, -33, and -05 applied for a General Plan Amendment, Zoning Map Amendment, Local Coastal Program Amendment, Coastal Permit and Boundary Line Adjustment for the proposed reconfiguration of parcels and land use designations; and WHEREAS, the Planning Commission conducted a public hearing on December 17, 2020, and recommended approval; and
WHEREAS, on January 26, 2021, the City Council held a public hearing and approved the General Plan Amendment, Zoning Map Amendment, Local Coastal Program Amendment, Coastal Permit and Boundary Line Adjustment for the proposed reconfiguration of parcels and land use designations; and
WHEREAS, the City, on behalf of the City’s Affordable Housing Trust Fund, has fee simple interest in the parcels identified as 333 Front Street and 902 Pacific Avenue (APN 005- 152- 32 and -33) and the Santa Cruz Metropolitan Transit District (METRO) has fee simple interest in the adjoining parcels identified as 912 and 920 Pacific Avenue and 423 Front Street (APNs 005-152-30, -31, and -05); and
WHEREAS, the City’s Affordable Housing Trust Fund is authorized to act as the trustee/manager in connection with its above-described fee simple parcel and METRO is authorized to act as trustee/manager in connection with its above-described fee simple parcels (Project);
WHEREAS, the City, on behalf of the City’s Affordable Housing Trust Fund, or the Project has been awarded several funding commitments including State Housing & Community Development’s Local Housing Trust Fund award (~$5 million), Affordable Housing Sustainable Communities award (~$29.6 million), Infrastructure & Infill Grant award (~$20.9 million of which a portion is designated for the Project), HUD HOME award (~$3 million) and FY 2023 Federal Budget Appropriations (~$2 million).

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

In partnership with METRO, the City plans to adjust the boundary lines of the abovedescribed APNs to create a 100% affordable housing rental project with a maximum average of 60% Area Median Income (AMI) and commercial uses on the lower levels as well as a redeveloped downtown transit METRO Pacific Station.

SECTION 1. That the City’s Affordable Housing Trust Fund is hereby authorized to act as the trustee/manager in connection with the City fee simple parcel pursuant to the above-described City Council approval.

SECTION 2. Pursuant to State funding requirements, the City, acting on behalf of the City’s Affordable Housing Trust Fund, shall enter into a ground lease with an affordable housing developer for the affordable housing portion of the City-owned project and may enter into separate leases for the Project’s commercial portion. The Project’s affordable housing ground lease shall supersede any prior existing lease and include but not be limited to the following terms: the Lessee shall be 902 Pacific Ave Investors L.P., or its affiliate, and the lease term shall be a minimum of fifty-five years from Certificate of Occupancy with $1 per year lease payment amount. The Lessee shall be solely responsible for the development of the Project improvements and ongoing operation and maintenance through the lease term. The funding awards referenced above remain committed for the Project and shall designate the Lessee as the loan recipient according to the various program funding requirements.

SECTION 3. City Manager is authorized to execute the project’s ground lease and leases, and the Economic Development and Housing Director is authorized to execute any subsequent amendments or modifications thereto, as well as any other related documents.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

12.4 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Finance
SUBJECT: Award Contract for Portable Toilet Rental and Services (FN) RECOMMENDATION: Motion to award a contract for the citywide purchases for on-call portable toilet rental and services to American Debris Box Service, Incorporated DBA American Portables (American Portables), Half Moon Bay, California, in the amount not to exceed $1.5 million over 5 years and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with American Debris Box Service, Incorporated DBA American Portables for portable toilet rental and services.

BACKGROUND: Staff makes significant efforts to source companies that deliver the right products, at the right time, and at the right price that provides the greatest value to the City.

Portable toilet rentals and services are used to support multiple departments within the City of Santa Cruz. The existing portable toilet rental contract has been in place since 2013. Therefore, in alignment with best procurement practices and the City’s purchasing procedures, staff issued a competitive solicitation for a new on-call contract as a replacement for the existing contract.

Purchasing Staff issued an Invitation to Bid document that was posted on the City of Santa Cruz website on September 23, 2022 and issued a solicitation notification to a bid list of 22 vendors on September 26, 2022 and a second solicitation notification on October 4, 2022. Four bids were received by the due date and time. A public bid opening was held at 2:00 PM Pacific Standard time on October 13, 2022. During the public bid opening American Portables was deemed the apparent low bidder. City staff completed the due diligence by checking references listed on the Bid Form of the apparent low bidder and further reviewed the bid submittals for responsiveness.

After the review, American Portables was deemed by staff to be the lowest responsive bidder.

DISCUSSION: City Council has the authority to award contracts for one-time purchases and/or cumulative purchases throughout a fiscal year that are over the formal bid limit of $100,000. An on-call contract allows departments throughout the city to utilize the goods and services provided under the contract as they are needed to support operations.

Staff recommends awarding a contract to the lowest responsive bidder, American Portables to be effective on March 1, 2023, which will allow time for a transition period from the current provider to the new provider.

FISCAL IMPACT: There is no fiscal impact as a result of this motion. Funds are available in department budgets for the purchase of these items which are necessary for routine operations.

13.1 Prepared By:

Elizabeth Millwee
Purchasing Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BID TABULATION.PDF

2. GENERAL SERVICES CONTRACT FOR PORTABLE TOILET RENTAL AND SERVICES.PDF

13.2 Solicitation Name: Invitation for Bids for Portable Toilet Rental and Service Bid Due Date and Time: 10.13.2022 at 2PM PDT
United Sites Services Star Sanitation American Portables Golden State Portable 118 Flanders Road, Ste 100
Westborough, MA 01581
4 Harris Road
Salinas California, 93908
PO Box 3187
Half Moon Bay, California
94019
845 West Market St Sp Q
Salinas, California 93901
Dawn Desautel Earl R. Pirtle Mark Baker Mike Banda
Bid item
No. UOM Bid Item Description
Basis of
Award Bid Pricing Bid Pricing Bid Pricing Bid Pricing
1 TABLE 1: SECTION 1 (Basis
of Award) – Daily ShortTerm Portable Toilet
Rental and Miscellaneous
Per Unit Standard Portable Toilet Yes
$ 80.00 $ 75.00 $ 65.00 $ 100.00
2 TABLE 1: SECTION 1 (Basis
of Award) – Daily ShortTerm Portable Toilet
Rental and Miscellaneous
Per Unit Standard Portable Toilet Yes
$ 80.00 $ 85.00 $ 75.00 $ 150.00
3 TABLE 1: SECTION 1 (Basis
of Award) – Daily ShortTerm Portable Toilet
Rental and Miscellaneous
Per Unit 2 Station Sink Yes
$ 90.00 $ 112.50 $ 35.00 $ 100.00
4 TABLE 1: SECTION 1 (Basis
of Award) – Daily ShortTerm Portable Toilet
Rental and Miscellaneous
Per Unit ADA Portable Toilet Yes
$ 125.00 $ 112.50 $ 95.00 $ 200.00
5 TABLE 1: SECTION 1 (Basis
of Award) – Daily ShortTerm Portable Toilet
Rental and Miscellaneous
Each Containment Tray Yes
$ 10.93 $ 5.00 $ 2.00 $ 50.00
6 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Unit
Standard Portable
Toilet includes 1 Service
per Week
Yes
$ 217.85 $ 150.00 $ 110.00 $ 175.00
7 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Unit
Standard Portable
Toilet with Sink include
1 Service per Week
Yes
$ 217.85 $ 165.00 $ 125.00 $ 250.00
8 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Unit
2 Sink Handwashing
Station includes 1
Service per Week
Yes
$ 217.85 $ 150.00 $ 66.00 $ 250.00
9 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week
Per
Location City Owned Locations
Yes
$ 151.20 $ 75.00 $ 95.00 $ 50.00
10 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Unit
ADA Portable Toilet
includes 1 Service per
Week
Yes
$ 327.70 $ 225.00 $ 145.00 $ 350.00
11 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Unit
250 Gallon Holding
Tank includes 1 Service
per Week
Yes
$ 875.00 $ 325.00 $ 408.00 $ 1,000.00
12 TABLE 1: SECTION 2 (Basis
of Award) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Each Containment Tray
Yes
$ 10.93 $ 5.00 $ 10.00 $ 50.00
13 TABLE 1: SECTION 3 (Basis
of Award) – Additional
Services for Short and
Long-Term Rental and
City Owned Units Per Visit
Standard Portable
Toilet Service Visit
Yes
$ 162.00 $ 75.00 $ 95.00 $ 150.00
14 TABLE 1: SECTION 3 (Basis
of Award) – Additional
Services for Short and
Long-Term Rental and
City Owned Units Per Visit
Standard Portable
Toilet with Sink Service
Visit
Yes
$ 162.00 $ 75.00 $ 110.00 $ 150.00
Vendor Name:

Vendor Address:

Vendor Contact:

City of Santa Cruz
Invitation for Bids
Bid Tabulation
The bid totals shown below are adjusted for any applicable Early Pay Discount and Local Business Preference. No work may commence until a correct and complete certificate of insurance is received by the City and a Purchase Order has been issued.

13.3 United Sites Services Star Sanitation American Portables Golden State Portable 118 Flanders Road, Ste 100
Westborough, MA 01581
4 Harris Road
Salinas California, 93908
PO Box 3187
Half Moon Bay, California
94019
845 West Market St Sp Q
Salinas, California 93901
Dawn Desautel Earl R. Pirtle Mark Baker Mike Banda
Bid item
No. UOM Bid Item Description
Basis of
Award Bid Pricing Bid Pricing Bid Pricing Bid Pricing
Vendor Name:

Vendor Address:

Vendor Contact:
15 TABLE 1: SECTION 3 (Basis
of Award) – Additional
Services for Short and
Long-Term Rental and
City Owned Units Per Visit
City Owned Locations
Service Visit
Yes
$ 162.00 $ 75.00 $ 95.00 $ 150.00
16 TABLE 1: SECTION 3 (Basis
of Award) – Additional
Services for Short and
Long-Term Rental and
City Owned Units Per Visit
2 Sink Handwashing
Station Service Visit
Yes
$ 162.00 $ 75.00 $ 50.00 $ 150.00
17 TABLE 1: SECTION 3 (Basis
of Award) – Additional
Services for Short and
Long-Term Rental and
City Owned Units Per Visit
ADA Portable Toilet
Service Visit
Yes
$ 162.00 $ 75.00 $ 120.00 $ 150.00
18 TABLE 1: SECTION 3 (Basis
of Award) – Additional
Services for Short and
Long-Term Rental and
City Owned Units Per Visit
Containment Tray
Service Visit
Yes
$ 162.00 $ 75.00 $ 0.00 $ 150.00
Subtotal $ 3,376.31 $ 1,935.00 $ 1,701.00 $ 3,625.00
Local Business Preference (Indicate City, County, or Not Applicable) N/A N/A N/A N/A

0.00% 1.50% 0.00% 0.00%
Total Bid Amount with Preferences and Discounts Applied $ 3,376.31 $ 1,905.98 $ 1,701.00 $ 3,625.00 19 TABLE 2: SECTION 1
(Supplemental Services) -
Daily Short-Term Portable
Toilet Rental and
Miscellaneous Per Unit
Portable toilet, Flush
Unit
No
$ 130.00 $ 175.00 $ 92.00 $ 550.00
20 TABLE 2: SECTION 1
(Supplemental Services) -
Daily Short-Term Portable
Toilet Rental and
Miscellaneous Per Trailer
Restroom Trailers 2 -
Private Rooms/Stalls
No
$ 3,322.81 $ 840.00 $ 684.00 $ 750.00
21 TABLE 2: SECTION 1
(Supplemental Services) -
Daily Short-Term Portable
Toilet Rental and
Miscellaneous Per Trailer
Restroom Trailers 4 -
Private Rooms/Stalls
No
$ 3,842.41 $ 2,500.00 $ 1,117.00 $ 1,350.00
22 TABLE 2: SECTION 1
(Supplemental Services) -
Daily Short-Term Portable
Toilet Rental and
Miscellaneous Per Trailer
Restroom Trailers 6 -
Private Rooms/Stalls
No
$ 4,287.01 $ 2,912.00 $ 1,550.00 $ 2,100.00
23 TABLE 2: SECTION 1
(Supplemental Services) -
Daily Short-Term Portable
Toilet Rental and
Miscellaneous Per Trailer
Restroom Trailers 8 -
Private Rooms/Stalls
No
$ 5,028.61 $ 4,122.00 $ 1,984.00 $ 2,700.00
24 TABLE 2: SECTION 2
(SUPPLEMENTAL
SERVICES) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Unit
Portable Toilet, Flush
Unit Includes 1 Service
per Week
No
$ 267.85 $ 305.00 $ 279.00 $ 1,733.00
25 TABLE 2: SECTION 2
(SUPPLEMENTAL
SERVICES) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Trailer
Restroom Trailers 2-
Private Rooms/Stalls
Includes 1 Service per
Week
No
$ 6,365.60 $ 1,170.00 $ 2,500.00 $ 2,600.00
26 TABLE 2: SECTION 2
(SUPPLEMENTAL
SERVICES) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Trailer
Restroom Trailers 4-
Private Rooms/Stalls
Includes 1 Service per
Week
No
$ 7,451.25 $ 2,700.00 $ 5,000.00 $ 5,200.00
27 TABLE 2: SECTION 2
(SUPPLEMENTAL
SERVICES) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Trailer
Restroom Trailers 6-
Private Rooms/Stalls
Includes 1 Service per
Week
No
$ 8,406.78 $ 3,500.00 $ 7,500.00 $ 7,800.00
28 TABLE 2: SECTION 2
(SUPPLEMENTAL
SERVICES) – Monthly LongTerm Portable Toilet
Rental Including One (1)
Service/Week Per Trailer
Restroom Trailers 8-
Private Rooms/Stalls
Includes 1 Service per
Week
No
$ 9,986.79 $ 4,500.00 $ 10,000.00 $ 10,400.00
29 TABLE 2: SECTION 3
(Supplemental Services) –
Additional Services for
Short and Long-Term
Rental Units Per Visit
Portable toilet, Flush
Unit
No
$ 212.00 $ 75.00 $ 254.00 $ 250.00

13.4 United Sites Services Star Sanitation American Portables Golden State Portable 118 Flanders Road, Ste 100
Westborough, MA 01581
4 Harris Road
Salinas California, 93908
PO Box 3187
Half Moon Bay, California
94019
845 West Market St Sp Q
Salinas, California 93901
Dawn Desautel Earl R. Pirtle Mark Baker Mike Banda
Bid item
No. UOM Bid Item Description
Basis of
Award Bid Pricing Bid Pricing Bid Pricing Bid Pricing
Vendor Name:

Vendor Address:

Vendor Contact:
30 TABLE 2: SECTION 3
(Supplemental Services) –
Additional Services for
Short and Long-Term
Rental Units Per Visit
Restroom Trailers 2 -
Private Rooms/Stalls No $ 600.00 $ 125.00 $ 1,300.00 $ 350.00 31 TABLE 2: SECTION 3
(Supplemental Services) –
Additional Services for
Short and Long-Term
Rental Units Per Visit
Restroom Trailers 4 -
Private Rooms/Stalls No $ 600.00 $ 200.00 $ 2,600.00 $ 550.00 32 TABLE 2: SECTION 3
(Supplemental Services) –
Additional Services for
Short and Long-Term
Rental Units Per Visit
Restroom Trailers 6 -
Private Rooms/Stalls No $ 600.00 $ 325.00 $ 3,900.00 $ 750.00 33 TABLE 2: SECTION 3
(Supplemental Services) –
Additional Services for
Short and Long-Term
Rental Units Per Visit
Restroom Trailers 8 -
Private Rooms/Stalls No $ 600.00 $ 325.00 $ 5,200.00 $ 950.00 34 TABLE 2: SECTION 3
(Supplemental Services) –
Additional Services for
Short and Long-Term
Rental Units Per Visit
150 Gallon Holding
Tank No $ 200.00 $ 75.00 $ 150.00 $ 300.00
35 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Trailer,
Cost per
Visit.

Additional Services
Weekdays for Portable
Restroom Trailers.

Monday - Friday, 8:00
am to 5:00 pm (PDT). No $ 600.00 $ 75.00 $ 217.00 $ 150.00 36 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Unit,
Cost per
Visit.

Additional Services on
Weekends, Holidays,
and After Hours for
Portable Toilets. No $ 324.00 $ 150.00 $ 550.00 $ 300.00 37 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Trailer,
Cost per
Visit.

Additional Services on
Weekends, Holidays,
and After Hours for
Restroom Trailers. No $ 924.00 $ 150.00 $ 550.00 $ 300.00 38 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Unit,
Cost per
Visit.

Emergency Call Fees
(same day) and Service
Visit for
Portable Toilets.

Monday – Friday, 8:00
am to 5:00 pm
(PDT). 4 Hour Response
Time. No $ 324.00 $ 250.00 $ 250.00 $ 300.00
39 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Trailer,
Cost per
Visit.

Emergency Call Fees
(same day) and Service
Visit for
Portable Restroom
Trailers. Monday –
Friday, 8:00 am
to 5:00 pm (PDT). 4
Hour Response Time. No $ 924.00 $ 250.00 $ 250.00 $ 300.00 40 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Unit,
Cost per
Visit.

Emergency Call Fees
(same day) and Service
Visit for
Portable Toilets on
Weekends, Holidays,
and After
Hours. 4 Hour Response
Time. No $ 324.00 $ 250.00 $ 550.00 $ 300.00
41 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Trailer,
Cost per
Visit.

Emergency Call Fees
(same day) and Service
Visit for
Portable Restroom
Trailers on Weekends,
Holidays,
and After Hours. 4 Hour
Response Time. No $ 924.00 $ 250.00 $ 550.00 $ 300.00
42 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Cost per
visit.

Weekends, Holidays &
Afterhours Delivery or
Pick Up
charge (Unlimited
number of toilets, Not
trailers). 4
Hour Response Time. No $ 324.00 $ 100.00 $ 1,200.00 $ 300.00 43 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Cost per
visit.

Weekends, Holidays &
Afterhours Delivery or
Pick Up
charge Restroom
Trailer. 4 Hour
Response Time No $ 924.00 $ 100.00 $ 1,500.00 $ 300.00

13.5 United Sites Services Star Sanitation American Portables Golden State Portable 118 Flanders Road, Ste 100
Westborough, MA 01581
4 Harris Road
Salinas California, 93908
PO Box 3187
Half Moon Bay, California
94019
845 West Market St Sp Q
Salinas, California 93901
Dawn Desautel Earl R. Pirtle Mark Baker Mike Banda
Bid item
No. UOM Bid Item Description
Basis of
Award Bid Pricing Bid Pricing Bid Pricing Bid Pricing
Vendor Name:

Vendor Address:

Vendor Contact:
44 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services Per Visit
Emergency Delivery or
Pick Up Cost (Unlimited
number of Portable
Toilets) No $ 324.00 $ 250.00 $ 575.00 $ 300.00
45 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services Per Visit
Emergency Delivery or
Pick Up Cost for
Restroom
Trailer. Per Call. No $ 924.00 $ 250.00 $ 1,500.00 $ 300.00 46 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per
Unit/Per
Visit
Staking Portable Toilets
to the ground. (Perform
as
needed) Per Unit. Cost
per Visit. No $ 54.00 $ 50.00 $ 20.00 $ 150.00 50
47 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per
Unit/Per
Visit
Chaining Portable Toilet
to a tree post. Perform
as
needed/requested. No $ 54.00 $ 50.00 $ 20.00 $ 150.00
48 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Move
Visit
Moving Fees – Standard
Portable Toilets. Per
Call. No $ 125.00 $ 50.00 $ 82.00 $ 150.00
49 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Move
Visit
Moving Fees – Standard
Portable Toilets with
Sink. No $ 125.00 $ 50.00 $ 82.00 $ 150.00
50 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Move
Visit
Moving Fees – Portable
Toilet, Flush Unit. No $ 125.00 $ 50.00 $ 82.00 $ 150.00 51 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Move
Visit
Moving Fees – 250
Gallon Holding Tank.

Per Call. No $ 225.00 $ 50.00 $ 200.00 $ 400.00
52 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Move
Visit
Moving Fees – ADA
Portable Toilet. Per Call. No $ 125.00 $ 50.00 $ 150.00 $ 150.00 53 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services
Per Move
Visit
Moving Fees –
Restroom Trailers. Per
Call. Per Trailer. No $ 595.00 $ 50.00 $ 500.00 $ 150.00 54 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services Per Visit
Hook Up Fees (Optional
250 Gallon Holding
Tank). Per
Install. Cost per Visit. No $ 275.00 $ 50.00 $ 200.00 $ 150.00 55 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services Per Visit
Hook Up Fee (Restroom
Trailer, all inclusive).

Cost per
Visit. No $ 325.00 $ 50.00 $ 500.00 $ 150.00
56 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services Per Visit
Hand Sanitizer (For
Short Term Rentals).

Per Unit. Cost
per Visit. No $ 618.72 $ 20.00 $ 35.00 $ 150.00
57 TABLE 2: SECTION 4
(Supplemental Services) –
Additional Services Per Visit
Hand Sanitizer (For
Long Term Rentals). Per
Unit. Cost
per Visit. No $ 618.72 $ 20.00 $ 66.00 $ 650.00
58 Bid Item Contractor
Percentage Discount
As
Applicable
*Other Site Rentals and
Services may be quoted
under this Contract at
Price List, Less %
Discount. Please enter
discount as a
percentage (%).
(Example: 20% Discount
should be listed as “20”) n/a 0.00% 0.00% 0.00% 0.00%
59 Early Pay Discount
As
Applicable
Discount offered for
payment within so
many days of invoice
payment (Must be over
15 days) n/a 0.00% 1.50% 0.00% 0.00%

13.6 City of Santa Cruz General Services Contract
General Services Contract rev. 12/2022 Page 1

CONTRACT FOR GENERAL SERVICES
THIS Contract for General Services (“Contract”) is made and entered into this 1st day of March 2023 (the “Effective Date”) by and between the City of Santa Cruz, a Municipal Corporation, hereinafter called “City”, and American Debris Box Service, Incorporated DBA American Portables, hereinafter called “Vendor”, referred to herein individually as a “Party” and collectively as the “Parties”.

WHEREAS, the City requires the services of a vendor to provide for the rental and service of portable toilets to the City, including short term and log-term rental of standard toilets, ADA toilets, toilets on trailers, deluxe toilets with a sink, and wash stations;
WHEREAS, City agrees to hire Vendor for the Portable Toilets Rental and Service, Project No. FIN2303 (the “Project”)’
WHEREAS, Vendor represents that it has the required licenses, expertise, means, and ability to perform said work as outlined in its Bid Form, dated October 11, 2022 and submitted in response to the Work’s Invitation for Bids, dated September 23, 2022, which is attached as Exhibit A to this Contract; NOW, THEREFORE, in consideration of each other’s mutual promises, and incorporating the above Recitals, the Parties hereto agree as follows:

1. PROJECT SPECIFICATIONS

1.1. Service Area
The “Service Area” shall include areas within the City of Santa Cruz limits and any outlying areas serviced by the City Departments. Service to the “Service Area” must be available seven (7) days a week, if required. Each City Department may have different hours of operations, but all non-urgent deliveries shall be done within regular business hours. All emergency/urgent deliveries shall be coordinated with each respective ordering Department.

The Vendor is required to provide as needed Rental of Portable Toilets, Other Site Rentals, and Services upon request by any City Department.

1.2. Contractor Responsibilities
A. Standards of Conduct. Vendor is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City during its performance of the Work.

B. Supervision. Vendor shall provide adequate and competent supervision at all times during the Contract Term, as specified in Section 2.3. Vendor shall be readily available to meet with the City upon the City’s request. Contractor shall provide the telephone numbers where its representative(s) can be reached during regular business hours and an emergency contact for non-business hours.

C. City Premises. Vendor’s employees and agents shall comply with all City rules and regulations while performing the Work and while on City premises.

D. Removal of Employee. City may request Vendor immediately remove from assignment to the City any employee found unfit to perform duties at the City. Vendor shall comply with all such requests.

E. Communication. Vendor shall ensure that onsite employees can communicate in English both verbally and in writing.

13.7 City of Santa Cruz General Services Contract
General Services Contract rev. 12/2022 Page 2

1.3. Rental Unit Descriptions and Condition
A. A “Rental Unit” includes standard toilets, ADA toilets, toilets on trailers, deluxe toilets with a sink, wash stations, and all other units specified in the Work documents, provided by Vendor to the City pursuant to the Work.

B. All Rental Units shall be impact resistant and bend without breaking to minimize damage of handling and vandalism.

C. All toilet Rental Units shall have an odor free design. The receptacle tank shall be designed to control spillage, leakage and entrap odors.

D. The toilet Rental Unit’s interior shall be vented sufficiently to assure that the unit is non-offensive.

Portable toilets shall have a door that can be locked from the inside and include a commode, urinal and dispensers for toilet paper and disposable paper seat covers and a deodorizer.

E. All Toilet Rental Units with a sink shall include dispensers for paper towels and soap. Unit parts (such as venting tubes, louvers, railings, screens toilet seats, side urinals, and supply dispensers) shall be properly secured to the unit with no signs of holes or breakage.

F. No Rental Unit shall have holes, cracks, large bubbles in the fiberglass, breaks, peeling paint, broken hardware, or cracked/missing seats or supply dispensers.

G. ADA portable toilet Rental Units shall be compliant with all Americans Disabilities Act (ADA) Regulations, including California Code, Title 24.

H. Trailer Rental Units shall have a hitch, wheels and tires in good working condition, and a spare tire.

Trailer units shall be equipped with safety chains as specified by California DOT.

I. Contractor shall immediately replace any units determined by the City to be of unsafe or unsatisfactory condition at no additional cost to the City.

J. Dimensions of the portable rentals must meet the following requirements:
o Standard Portable Toilet (Approx.): Height 88”, Width 44”, Depth 48” o ADA Compliant Portable Toilet (Approx.): Height 90”, Width 67”; Depth 86.5” or Height 91”, Width 77”, Depth x 77 5.3
o Portable Restroom Trailers: Various 2, 4, 6, or 8 Private rooms 5.4 Portable Toilets and Restroom Trailers colors and sizes may vary
K. Portable toilet Rental Units shall be furnished with installed padlock hasps at no additional cost to City whenever requested by the City.

L. Portable toilet Rental Units with sinks shall include liquid soap and paper towels with their dispensers and shall be replenished (as needed) every time the portable toilet is serviced.

M. All free standing 2-Station Sinks placed outside portable toilet units shall include liquid soap and paper towels with dispensers.

N. Portable Restroom Trailers may have either 2, 4, 6 or 8 private rooms and each one shall have a door that can be locked from the inside, be properly lit and ventilated, and may or may not include a sink(s). Men’s portable restroom trailers shall include 2 to 6 urinals.

1.4. Service Requirements
Vendor shall provide a written service log affixed to each Rental Unit that lists the date of each service visit; the service log shall be updated during each service visit.

Short term rentals over 7 days (including trailer units), long term rentals, and city owned units shall be serviced once or twice a week as ordered by the City. The City shall not pay for missed service visits. Cleaning schedule shall be established and approved by the City staff ordering the Rental Unit.

The City may request an additional non-scheduled service due to high use. Vendor shall respond within 24 hours of City request for additional service. Pricing for non-scheduled additional service shall be listed on the Bid Sheet, incorporated herein as Exhibit A. Service visits shall include the following: pump out waste, remove litter, clean and disinfect interior surfaces, provide and replenish supplies, remove graffiti from interior and exterior, perform

13.8 City of Santa Cruz General Services Contract
General Services Contract rev. 12/2022 Page 3
repairs as needed to make the unit usable. Vendor is responsible for proper and lawful disposal of all waste removed from the units.

1.5. Response
Vendor shall return all City non-emergency calls within 24 hours. Vendor shall return City all emergency calls within two (2) hours. The Vendor shall maintain an office with a competent company representative who can be reached during normal working hours, 8:00 a.m. to 5:00 p.m. and who is authorized to discuss matters pertaining to this contract. An answering service or mobile telephone may fulfill the requirement for a local office, provided that all non-emergency calls from the City are returned within 24 hours, and emergency calls are returned within two (2) hour time period.

1.6. Emergency Response
Vendor shall provide the name and contact information of a representative who shall be available 24 hours a day, 7 days a week, in the event of an emergency. During the emergency, Vendor shall provide the City with all available supplies, materials, equipment and/or services on a priority basis. Vendor shall have the ability to receive and respond immediately to emergency calls 24-hours a day. Emergency calls received by the City shall be referred to the Vendor for immediate disposition. The response time is not to exceed two (2) hours. Delivery on emergency items is required within four (4) hours of order placement and may be required during evenings, weekends, and holidays.

1.7. Safety Requirements
All work performed under this Contract shall be conducted in accordance with the standards customarily adhered to by an experienced and competent provider of the goods and/or services called for under this Contract using the degree of care and skill ordinarily exercised by reputable providers of such goods and/or services. All work will be performed in a safe manner and shall comply with all safety provisions and regulations. Vendor shall abide by all CAL/OSHA requirements, including the labeling of containers. Vendor who have ten (10) or more employees shall have an injury/illness program as required by OSHA. The City reserves the right to issue restraint or cease and desist orders to Vendor when unsafe or harmful.

1.8. Long-Term Rentals
A. Long term rental of Rental Units under this Contract shall be billed on a monthly billing cycle and may be cancelled by the City with 24- hour notice to Vendor .

B. The charges for long term toilets that are cancelled during the course of a billing cycle shall be billed per Rental Unit cost (with 1 service included) and the number of times the Rental Unit was serviced.

C. Pricing for long-term rentals shall be according to the Price Schedule as listed on the Bid Form Table 1 - Section 2, and Table 2 - Section 2.

D. Charges for additional services for long-term rentals shall be according to the Price Schedule as listed on the Bid Form Table 1 Section 3, Table 2 - Section 3, and Table 2 - Section 4.

E. Below is the list of current Long Term Rental Locations. These locations are subject to change throughout the Contract Term, as specified in Section 2.3.

Location Name Approximate Location Address Current Number of Units Depot Park 115 Center Street, Santa Cruz, CA 95060 One Standard Portable Toilet

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General Services Contract rev. 12/2022 Page 4
Coral Street 115 B Coral Street, Santa Cruz, CA 95060 One Standard Portable Toilet 1214 River Street 1214 River Street, Santa Cruz, CA 95060 One Standard Portable Toilet 124 Locust Street 124 Locust Street, Santa Cruz, CA 95060 One Standard Portable Toilet 155 Center Street 155 Center Street, Santa Cruz, CA 95060 One Standard Portable Toilet Cardiff Place 200 Cardiff Place, Santa Cruz, CA 95060 One Standard Portable Toilet U2 Pump Station 201 Iowa Dr, Santa Cruz, CA 95060 One Standard Portable Toilet Bleach Flats Community
Garden 213 Uhden Street, Santa Cruz, CA 95060 One Standard Portable Toilet Felton Diversion (Water) 5800 Highway 9, Felton, California, 95018 One Standard Portable Toilet Beltz Water Treatment
Plant
3710 Roland Drive, Santa Cruz, CA 95062
(38th Avenue) One Standard Portable Toilet
De Laveaga Disc Golf
Course 401 Upper Park Rd, Santa Cruz, CA 95060 One Standard Portable Toilet Public Works (Lincoln
and Cedar) Cross of Lincoln St & Cedar St One Standard Portable Toilet Location Name Approximate Location Address Current Number of Units Mike Fox Skate Park 225 San Lorenzo Blvd, Santa Cruz, CA 95060 One Standard Portable Toilet
Public Works (Union and
Cedar)
Cross of Union Street & Cedar Street,
Santa Cruz, CA 95060 One Standard Portable Toilet
West Side Pump Track Cross of 100 Western Dr & Hwy 1, Santa Cruz, CA 95060 One Standard Portable Toilet
University Terrace Park -
Main Entrance Meder Street, Santa Cruz, CA 95060 One Standard Portable Toilet Landfill Tipping Area 605 Dimeo Lane, Santa Cruz, CA 95060 One Standard Portable Toilet Harvey West Park, Fields
5&6 (June - November)
326 Evergreen Street, Santa Cruz, CA
95060
One Standard Portable Toilet,
One ADA Portable Toilet, One
2 Sink Station
De Laveaga Park Softball
Fields (March - October) 401 Upper Park Rd, Santa Cruz, CA 95060 One Standard Portable Toilet,
One ADA Portable Toilet, One
2 Sink Station
Sergeant Derby Park 508 Woodland Way, Santa Cruz, CA
95060 1 toilet, 1 urinal, 1 sink

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San Lorenzo Park
Benchlands 701 Ocean Street, Santa Cruz, CA 95060 Ten Standard Portable Toilets, Ten Handwashing Station Armory Building
(Overlook) 301 Armory Road, Santa Cruz, CA 95060
Twelve Standard Portable
Toilets, Ten Handwashing
Station
Landfill Face Area 605 Dimeo Lane, Santa Cruz, CA 95060 Two Standard Portable Toilets Water Quality Lab 715 Graham Hill Rd, Santa Cruz, CA
95060 Two Standard Portable Toilets
Wastewater Treatment
Facility 110 California St, Santa Cruz, CA 95060 Two Standard Portable Toilets, 1 Handwashing Stations San Lorenzo Park 150 Dakota Street, Santa Cruz, CA 95060 Two Standard Portable Toilets, 1 Handwashing Stations
Landfill Recycling
Building 605 Dimeo Lane, Santa Cruz, CA 95060 Three Standard Portable Toilets Corporation Yard (Water) 1125 River Street, Santa Cruz, CA 95060 Three Standard Portable Toilets Armory Building (Tier
Three) 301 Armory Road, Santa Cruz, CA 95060
Three Standard Portable
Toilets, Three Handwashing
Stations

1.9. Short Term Rentals
A. Rental Units shall be required for approximately seven (7) City organized special events, sport tournaments, and work crews per year. These short-term rentals shall be 1-3 days in length but can be as long as 10 days.

B. The City shall not accept minimum day requirements for short term rentals. Short term rentals over 7 days (including trailer Rental Units) shall receive at least 1 service visit. Any rentals lasting over 10 days shall be defined and billed as a monthly long-term rental.

C. Pricing for short term rentals shall be according to the Price Schedule as listed on the Bid Form Table 1 - Section 1, and Table 2 - Section 1.

D. Charges for additional services for short term rentals shall be according to the Price Schedule as listed on the Bid Form Table 1 - Section 3, and Table 2 - Section 3, and Table 2 - Section 4.

E. The following is a list of known annual short-term Rental Unit orders; this list is subject to change throughout the Contract Term:

Event Estimated Event Date & Length Estimated Quantity/Type

1. Beach Clean-up Last week in March:

Wednesday delivery, Friday pickup
1 mobile toilet on a trailer

2. Japanese Cultural Fair 3rd weekend in June:

Friday delivery, Monday pickup
3 standard toilets, 1 ADA toilet, 2
wash stations

3. Woodies on the Wharf 4th weekend in June:

Friday delivery, Monday pickup
1 standard toilet, 1 ADA toilet

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4. Tree Trimming 1st week in August:

Monday delivery, Friday pickup
1 ADA toilet

5. Aloha Festival 3rd weekend in August:

Friday delivery, Monday pickup
1 standard toilet, 1 ADA toilet

6. Baseball Tournament 4th weekend in September:

Friday delivery, Monday pickup
1 standard toilet

7. The City shall also order short term rentals when needed for unforeseen events; this includes, but is not limited to, water shutdowns at schools or other public facilities, special work crews, sport tournaments, and other events not listed above.

The City reserves the right to change the service requirements and obtain competitive quotes for specific special events. The City shall award the job to the responsive and responsible bidder whose bid is most economical for the event.

1.10. Delivery and Setup Charges
All site rentals initial delivery/set up/hookup/installation and removal fees shall be all inclusive in the Rental Unit rental price as listed on the Bid Form, unless a request by the City to move the same site Rental Unit at a separate time and location is made after initial delivery and set up. Under such circumstance, delivery and set up fees pursuant to Bid Form, Table 2, Section 3 of Pricing Schedule: “Moving Fees” may be applicable. No overtime rate shall be paid, unless prior approval in writing by City.

1.11. Special Events not Organized by the City
Various organizations hold special events in the City limits which require the sponsors to provide their own units.

These units are not included in the City’s contract. However, the Vendor may extend contractual pricing to these organizations, at its discretion.

1.12. Travel Expenses
The City shall not be responsible for any travel, meal, or lodging reimbursements to Vendor and/or Vendor’s employees. The total fees and costs of Vendor’s services for the Work shall not exceed the amounts described in Vendor’s Bid Form, attached hereto in Exhibit A.

1.13. Adequate Stock
Vendor will maintain adequate stock of Rental Units to accommodate the Work. Failure to maintain adequate stock may be deemed a breach of contract and may result in termination of the Contract.

1.14. Delivery and Pick-up
Rental Units must be delivered within 4 hours of the requested delivery time to the correct location. The City has the right to cancel and/or refuse delivery of late Rental Units (at no cost to the City). The City shall allow a two (2) hour delay in the case of an unexpected delivery problem. If the Vendor fails to deliver Rental Unit(s) within four (4) hours of the requested delivery time, the City reserves the right to cancel the order and to refuse delivery at no cost to the City. Vendor’s continued failure to deliver Rental Unit(s) on time may result in termination of the Contract.

Rental Units delivered are subject to inspection and acceptance by City staff; delivery person must get a signed receipt for all deliveries.

Rental Units shall be removed within 24 hours of requested pick-up date.

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1.15. Securing Units
At the City’s direction, Vendor shall secure Rental Units with stakes or other attachment methods to prevent the Rental Unit from being tipped, moved, or stolen. The cost of this service is listed on the Bid Form, Table 2 Section 3 (Supplemental Services) – Additional Services.

1.16. Receiving Inspection and Acceptance
Vendor shall deliver Rental Unit(s) to the location requested by City staff. City staff may test and inspect Rental Unit(s) to confirm compliance with all specifications to this Contract. If, upon inspection for conformance to Contract requirements, deficiencies are detected, the Rental Unit(s) may be rejected and the Vendor shall be required to make the necessary adjustments or replacements at Vendor’s expense. If the Rental Unit(s) is/are rejected, it shall be Vendor’s responsibility to pick up the rejected Rental Unit(s), make the necessary corrections and re-deliver for inspection and acceptance.

Rental Units shall not be accepted until all deficiencies detected during initial and subsequent inspections are corrected.

1.17. Damage
In the event that the Vendor suffers the total loss of a Rental Unit rented to the City due to negligence or intentional acts of vandalism, the City shall pay the repair and/or replacement costs, to a maximum of $1,000 per occurrence. The City’s liability shall not exceed Vendor’s actual repair or replacement cost. Vendor shall provide verification of these costs to the City. Vendor is responsible for repairs and replacement costs exceeding $1,000 per occurrence.

Vendor shall be responsible for repair of damage to units due to normal wear and tear; this includes but is not limited to graffiti (interior and/or exterior), and dents and dings to the unit. Rental Units damaged (through normal wear and tear) that cannot be repaired to usable condition, as defined by Section 1.3 Rental Unit Description and Condition, must be replaced at no additional cost to the City.

1.18. Emergencies
Vendor shall provide the name and contact information of a representative who shall be available 24 hours a day, 7 days a week, in the event of an emergency. During the emergency, Vendor shall provide the City with all requested and available supplies, materials, equipment and/or services on a priority basis.

The City expects initial delivery to occur within 4 hours of order placement and may be required during evenings, weekends, and holidays. 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.

1.19. Assignment
Vendor shall under no circumstances assign the agreement without the written permission of the City.

1.20. Safety
Vendor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Furnished equipment, materials and services shall comply with all OSHA standards and regulations, and all applicable governmental laws and orders. Vendor shall provide proof of compliance, if requested by the City.

1.21. Government Regulations
Vendor shall comply with all federal, state, and local regulations/ licenses/ permits related to the Work.

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1.22. Subsequent Contract Award and Transition
Vendor shall cooperate with City at the expiration or early termination of this Contract to accomplish a smooth phase-out and transition of responsibility to any subsequent contractor that will perform similar services to those described within this Contract, if applicable. This shall include minimizing interruption of services during such a transition.

Vendor shall keep all Rental Units at existing locations until contacted by the City to coordinate the removal of the Rental Units and their replacements under a new contract. Vendor and any newly awarded vendor shall work together to ensure a smooth transition that minimizes disruption of City operations and ensures uninterrupted services.

All transition schedules and/or appointments shall be coordinated with the City. The Vendor may be required to provide a current list of all in-use Rental Units under this Contract to the City.

The Vendor shall remove portable toilets in a manner that keeps damage to City property to a minimum. Vendor shall repair any damaged areas of City property (if any), pursuant to all applicable local, state and federal codes and regulations, and to the satisfaction and approval of City. Any damage to City property shall be reported immediately to the City.

The Vendor shall complete the removal of its Rental Units by no later than the last day of the Contract Term. Any subsequent vendor shall start set-up of rental units at the start of its contract term. This transition period shall not exceed 60 calendar days for Vendor and any subsequent vendor.

Vendor shall submit its final and last invoice for the Contract prior to the expiration date of the Contract. No exceptions will be permitted. Vendor waives its right to submit any invoice after the expiration date of the Contract.

1.23. City Responsibility
City will provide a minimum of 24-hours advanced notice when ordering portable toilet rentals and other site rentals and services for delivery. Any rentals/services ordered after 12:00 p.m. (Noon) shall be delivered by the next business day, unless the City specifies a later day.

1.24. Usage Report
Within five (5) days of a request from City, Vendor shall provide a report of Rental Units rented and locations serviced for the City for the previous six months. The following information must be included in the report: unit description, unit location, frequency of service, and dates of service/rental.

2. TERMS AND CONDITIONS

2.1. City’s Standard Terms and Conditions
The City’s standard Terms and Conditions (“Standard Terms and Conditions”) shall govern this Contract. Review the terms and conditions here; all terms including, but not limited to, insurance apply to the Contract. A current copy of these terms are attached and incorporated herein as Exhibit B. In the event of inconsistencies, conflicts, or ambiguities between and among the Standard Terms and Conditions and this Contract are discovered, the Parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that this Contract shall take precedence over the Standard Terms and Conditions. This order of precedence, however, does not in any way negate or reduce Vendor’s obligation to report conflicts, discrepancies, apparent omissions, or similar matters to the City.

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2.2 Insurance Requirements
Vendor agrees to procure and maintain the insurance coverages and limits, as stated in the Insurance Requirements, attached and incorporated herein as Exhibit C, prior to the commencement of Work.

2.3 Contract Term and Not to Exceed Contract Sum
The initial Contract term will be 3 years, beginning on the Effective Date and terminating on February 28, 2026 (the “Term”), plus any renewals mutually agreed upon by the parties, but not to exceed 5 years. The total cost of the Contract will not exceed $1.5 Million throughout the life of the Contract.

2.4 Contract Renewal
At the option of the City, this Contract may be renewed after the initial Term annually under the same contractual terms and conditions and at the same price or price basis as listed in the Bid Form, attached hereto as Exhibit A.

After the initial Term, Vendor may request, and the City may approve an increase in Rental Unit prices. Increases must be made no less than ninety days before the date in which the City may exercise the option to renew and must include justification to the increase, and a description of the basis for the increase. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban wage earners as published by the Bureau of Labor Statistics, or 5%, whichever is less. In all cases, the City may cancel the Contract if a requested price increase is not acceptable.

2.5 Termination of Contract
A. City shall have the right to terminate this Contract at any time, with or without cause, in its sole discretion, upon giving ten (10) days written notice to Vendor. City may, at its option, allow Vendor to cure its failure to perform within ten (10) business days (or longer, if authorized in writing by the City) from the date of the City’s termination notice. The termination shall become effective if Vendor has not cured its breach within the specified time period and to the City’s satisfaction. Termination of the Contract pursuant to this paragraph may not relieve Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from the Vendor is determined.

B. Vendor may terminate this Contract for cause by providing written notice of intent to terminate not less than thirty (30) days prior to the effective termination date. Vendor may terminate for cause if the City fails to cure a material default in performance within a period of thirty (30) calendar days (or such longer period agreed to by Vendor), from the date of the Vendor’s written termination notice specifying the default in performance.

C. Upon notice of termination by either Party, Vendor will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. City’s only obligation to Vendor will be payment for work authorized by and received to the satisfaction of the City up to and including the effective date of termination, less any amounts withheld by the City for any expenses or damages sustained by City related to Vendor’s acts or omissions under the Contract.

D. In the event of Vendor’s failure to perform pursuant to the Contract, the City reserves the right to obtain services elsewhere and Vendor will be liable for the difference between the Contract costs set forth in the terminated Contract and the actual full cost to the City to complete the Work. When exercising any rights or remedies under this paragraph, the City shall not be required to obtain the lowest price for the work performed.

E. Termination of the Contract pursuant to this Section shall not relieve Vendor of any liability to the City for additional costs, expenses, or damages sustained by the City due to failure of Vendor to perform pursuant to the Contract. City reserves all remedies available to it at law or in equity for breach of Vendor’s

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obligations under this Contract. City may withhold any payments to Vendor for the purpose of set off until such time as the exact amount of damages due the City from Vendor is determined. After the effective date of termination, Vendor will have no further claims against the City under the Contract. City shall not be liable for costs incurred by Vendor after receipt of a notice of termination No other compensation will be payable to Vendor for any loss of anticipated profits on unperformed services or other economic loss arising out of or resulting from such termination

2.6 Payment
The City will issue payment to the Vendor approximately thirty (30) days after receipt of Rental Unit and/or service, and the correct original invoice, whichever arrives last; the net payment period and cash discount period shall extend to the date that the invoices are paid. Invoices are processed for payment once every two weeks. It is understood and agreed that no additional charge shall accrue against the City if the City does not make payment within any time specified by the Vendor.

All invoices must contain the proper pricing as specified by the Vendor in the Bid Form, attached hereto. The City reserves the right to audit Vendor’s records when deemed necessary to verify correct pricing.

Should Vendor become delinquent with any fees, assessments or charges due to the City, the City shall reduce any amount owed to the Contractor by the delinquent amount owed to the City.

One purchase order shall be issued per fiscal year during the Contract Term for citywide purchases to be made on an "as needed" basis. Purchase orders are required for all items purchased. Issuing purchase orders on an "as needed" basis in no way nullifies the pricing agreement as set forth herein. If needed, the City may choose to issue multiple purchase orders, one for each participating division.

Invoices shall include the invoice number, date of service, invoice amount, unit location, and name of City employee and City Department making the Rental Unit order.

This Contract is contingent upon the appropriation of sufficient funding by the City for the services covered by this Contract. If funding is reduced or deleted by the City for the services covered by this Contract, the City has the option without penalty or liability to either terminate this Contract or to offer an amendment to this Contract indicating the reduced amount.

2.7 Indemnification
Vendor 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”) arising in any way related to the obligations or performance of this Contract by Vendor, Vendor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Vendor’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, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

The obligations of the Vendor under this Section shall survive expiration or termination of the Contract to the fullest extent permitted by law.

2.8 Liquidated Damages
All time limits stated herein are of the essence. If the Work is not completed by Vendor according to the terms and conditions stated herein, or within any period of extension authorized by City, it is understood that City will suffer damage; and it being impracticable and infeasible to determine the amount of the actual damage, it is agreed that Vendor will pay City, as fixed and liquidated damages, and not as a penalty, the sum of $50.00 per calendar day of

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delay until the Work is completed and accepted, provided, however, that Vendor will not be charged liquidated damages because of any delays in the completion of Work due to unforeseeable causes beyond the control and without the fault or negligence of Vendor.

2.9 Living Wage Compliance
The Work performed on this Contract is subject to the City’s Living Wage Ordinance. Vendor shall comply with the City of Santa Cruz Living Wage Ordinance and will be required to provide the City and Living Wage Compliance form annually. Information regarding the City of Santa Cruz Living Wage Ordinance can be found at https://www.cityofsantacruz.com/government/city-departments/finance-/selling-to-the-city/living-wage.

2.10 Environmental Conservation and Sustainable Living
The City has long been an advocate for environmental conservation and sustainable living. This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, and General Plan goals. In 2020, the City announced that it had achieved one of the General Plan goals by reducing community-wide greenhouse gas emissions by 41 percent (goal of 30 percent reduction by 2020) and is on track to meet the 80 percent reduction goal by 2050 (compared to 1990 levels).

2.11 City of Santa Cruz Business Tax Certificate
Vendor shall provide proof of a current City of Santa Cruz business tax certificate within ten (10) days of the Effective Date.

2.12 Civil Rights Compliance/Equal Opportunity Assurance 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 Vendor to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Vendor 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. Further, Vendor agrees to complete all Work contemplated hereunder in compliance with the applicable provisions of the Americans with Disabilities Act of 1990.

2.13 Independent Contractor
Vendor represents that it has or will secure at its own expense all personnel, materials, and related services required to perform the services under this Contract. Vendor (and its employees, agents, representatives, and subcontractor(s)), in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the City. Vendor, not the City, shall have exclusive and complete control over its employees and subcontractors, and shall determine the method of performing the services hereunder. City, however, retains the right to require that work performed by Vendor meet specific standards consistent with the requirements of this Contract without regard to the manner and means of accomplishment thereof.

2.14 Conflict of Interest
Vendor agrees to comply with conflict of interest laws in performing the work and services under this Contract.

Vendor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which

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would conflict in any manner or degree with the performance of services required to be performed under this Contract. Vendor acknowledges that it is aware of and agrees to comply with the provisions of the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Vendor will immediately advise the City if Vendor learns of a conflicting financial interest of Vendor’s during the term of this Contract.

2.15 Amendment
Except as otherwise provided in this Contract, neither this Contract nor any provision hereof may be waived, modified, amended, or discharged, or terminated except by an instrument in writing signed by the Parties, and the only to the extent set forth in such writing.

2.16 Governing Law and Venue
This Contract shall be governed and construed in accordance with the laws of the State of California. The Parties hereby agree that any action or proceeding to enforce any provision of this Contract shall be brought only in the appropriate state or federal court located in Santa Cruz County, California.

2.17 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:

If to City: City of Santa Cruz
Attention: Elizabeth Millwee, Purchasing Manager
Purchasing Division
Telephone: (831) 420-5080
Email: [email protected]
If to Vendor: Debris American Debris Box Service, Incorporated DBA American Portables
Attention: Marc Baker
Address: PO Box 3187
Half Moon Bay, CA 94019
Telephone: (650)712-8229
Email: [email protected]

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2.18 Entire Contract
This Contract, together with Exhibits and/or attachments and any agreements provided for herein, constitute the entire understanding between the Parties with respect to the matters set forth herein, and they supersede all prior or contemporaneous understandings or agreements between the Parties with respect to the subject matter hereof, whether oral or written. In the case of any conflict, the terms of this Contract shall control.

2.19 Interpretation
Each Party acknowledges that it has reviewed this Contract 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 Contract.

2.20 Counterparts
This Contract may be executed in counterparts, which together shall constitute one and the same instrument.

Electronic, facsimile, and scanned pdf signatures and copies of this Contract shall be accepted as originals.

2.21 Warranty of Authority
The signatories to this Contract warrant and represent that each is authorized to execute this Contract and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Contract.
[SIGNATURES ON FOLLOWING PAGE]

13.19 City of Santa Cruz General Services Contract
General Services Contract rev. 12/2022 Page 14
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above referenced.

Approved As To Form:

By: _________________________________ Date: ____________________ Office of the City Attorney
VENDOR
By: _________________________________ Date: ____________________ Printed: ___________________________ Title: __________________

CITY OF SANTA CRUZ
By: _________________________________ Date: ____________________ Matt Huffaker / City Manager
VENDOR
By: _________________________________ Date: ____________________ Printed: ___________________________ Title: __________________ 1-12-2023
Marc Baker Manager
Michelle Maraviglia Owner
1-12-2023
1/12/2023

13.20 EXHIBIT A: BID FORM
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13.24 EXHIBIT A: BID FORM
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13.25 EXHIBIT A: BID FORM
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13.26 EXHIBIT A: BID FORM
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13.27 EXHIBIT A: BID FORM
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13.28 EXHIBIT A: BID FORM
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13.30 EXHIBIT B: CITY’S STANDARD TERMS AND CONDITIONS
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1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement. Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified. All deliveries are F.O.B. destination. Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense.

Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase. Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later. Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

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General Services Contract rev. 12/2022 Page 2

6. Indemnity: For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here.
a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or iii. 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. b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any. The “public work” project is subject to the compliance monitoring and enforcement by the DIR. The Vendor and subcontractor, if any, must be registered with the DIR to submit a bid or engage in the performance of any contract for public work pursuant to Labor Code §§1725.5 and 1771.1. The Vendor is responsible for posting job site notices as prescribed by regulation pursuant to Labor Code §1771.4(a)(2). The Vendor and each subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code §1771.4. Any failure of Vendor and/or its subcontractors to comply with the above

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General Services Contract rev. 12/2022 Page 3
requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees 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, attorneys’ 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 Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law.
c. 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. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work.

Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City. h. Storm Water Requirements: The Vendor, and all subcontractors, 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 here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the

13.33 EXHIBIT B: CITY’S STANDARD TERMS AND CONDITIONS
General Services Contract rev. 12/2022 Page 4
work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors.
a. Standard 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 Avenue Street, Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
• Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury 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 or the general aggregate limit will be at least twice the required occurrence limit.
• Automobile Liability: $1,000,000 Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor 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. Must include a waiver of subrogation. c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate Vendor will maintain insurance appropriate to Vendor’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 contract. 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, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz. d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
• Additional Insured Status

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General Services Contract rev. 12/2022 Page 5
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor 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 the Vendor’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 and CG 20 37 (if a later edition is used).
• Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’s insurance and will not contribute with it.
• Notice of Cancellation
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• Waiver of Subrogation
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees. • Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor 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 Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks/Circumstances
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, including but not limited to requiring the following:
• Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
• Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.

13.35 EXHIBIT B: CITY’S STANDARD TERMS AND CONDITIONS
General Services Contract rev. 12/2022 Page 6
• Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate. • Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
• Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
• Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
f. 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 Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. g. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

9. Travel Reimbursement Policy
When it is mutually agreed between the City and the vendor, the vendor’s employees will be reimbursed for travel expenses according to this policy. It is expected that all travel expenses incurred by vendors while conducting activities on behalf of the City will be at reasonable rates and that vendors will exercise prudence in incurring these expenses.

Meals
Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel).

The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
• Travel before 8:00a qualifies for breakfast reimbursement. • Travel between 8:00a – 1:30p qualifies for lunch reimbursement. • Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s home, an airport, or Santa Cruz hotel to their City work location.

1. Reasonable fees for taxis, shuttles, busses, trains, light rail, ride hailing services (Uber, Lyft), bike shares (Jump), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.

2. Personal vehicles include vehicles owned by the vendor or their employees.

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General Services Contract rev. 12/2022 Page 7
• Mileage will be reimbursed at the current IRS mileage rate. • Evidence of automobile liability insurance meeting the City’s requirements must be provided. • Maps showing starting point, City work location, and total miles are required for reimbursement. 3. Car rentals are reimbursable when
• Travel is necessary from an airport to the City work location. • The rental reservation is made as far in advance as is practical and the lowest possible price is obtained. • Insurance coverage is included in the rental agreement and the car is returned with a full tank of gas. • The smallest vehicle necessary is rented.
• Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
• Receipts are required for reimbursement.

Airfare
Airfare is reimbursable when the vendor’s place of business, or their employee’s home, is more than 250 miles away from Santa Cruz.
• Airfare must be lowest available coach class fare. Flights may be non-stop. • Airfare must be booked as far in advance as is practical. • Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
• Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
• If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
• Receipts are required for reimbursement. Lodging Lodging is reimbursable when the vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, is more than 60 miles away from Santa Cruz.
• Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). • Costs for hotel rooms above this rate are the responsibility of the traveler. • Receipts are required for reimbursement.

General

1. Travel expenses not listed above will not be reimbursed.

2. Travel reimbursements are paid after the completion of travel. There are no travel advances.

3. Exceptions to any of the above requirements require advance written permission from the Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any proposed reimbursable expense the City has determined to be excessive, unethical, non-responsible, or an inappropriate use of public funds.

10. Mechanic’s Liens. Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to this contract. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against the City for any such work or activities performed. Vendor shall indemnify, defend and hold harmless the City from and against any and all liens, claims, demands, liabilities, costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work

13.37 EXHIBIT B: CITY’S STANDARD TERMS AND CONDITIONS
General Services Contract rev. 12/2022 Page 8
done, labor performed and/or materials furnished. In the event any such liens shall be filed against the City, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed five (5) business days from the date the same were recorded in the office of the applicable County Recorder. City shall have the right to post notices of non-responsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

13. Subcontractors: Subcontracting of work without prior approval of the City, may result in contract termination. If at any time, the City determines any subcontractor is incompetent or undesirable, Vendor will be notified and will be expected to immediately cancel the subcontract.

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

15. Termination of Contract: The City or the Vendor may terminate the contract for convenience by providing written notice to the other party not less than 30 calendar days prior to an effective termination date. The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. All finished or unfinished materials, supplies, goods, or documents procured or produced under the contract will become property of the City upon the termination date. The City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor will be liable for the difference between the prices set forth in the terminated order and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the contract. Termination of the contract pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined. The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

16. Safety: All service(s) and item(s) provided will comply with applicable safety laws, regulations, and standards. Vendor will provide proof of compliance, if requested by the City. a. Vendor will make available a list of hazardous chemicals and applicable Safety Data Sheets prior to bringing those chemicals on City property or using them on behalf of the City. All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard. Vendor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place. No hazardous materials or

13.38 EXHIBIT B: CITY’S STANDARD TERMS AND CONDITIONS
General Services Contract rev. 12/2022 Page 9
chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public. b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees. c. Upon request, Vendor will provide records of their Hazard Communication Training Program. d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation. e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

17. Force Majeure: Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any other cause which is beyond the party's reasonable control. Vendor 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) covered by this contract from another source during any ongoing suspension of service due to the circumstances outlined above.

18. Equal Employment Opportunity/Non-Discrimination: 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 and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, 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.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html. Copies are available upon request from the City’s Purchasing Division.

19. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief.

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

21. MacBride Principles and the 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.

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

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General Services Contract rev. 12/2022 Page 10

23. Contract Interpretation. Vendor acknowledges that it has reviewed this contract 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 contract.

13.40 EXHIBIT C: INSURANCE REQUIREMENTS
General Services Contract rev. 12/2022 Page 1
APPENDIX C: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $4,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be 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.
• AUTOMOBILE LIABILITY:

Proof of coverage for $2,000,000 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 Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
• CONTRACTORS’ POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

1. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold

13.41 EXHIBIT C: INSURANCE REQUIREMENTS
General Services Contract rev. 12/2022 Page 2
identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

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

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

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
• SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

13.42 EXHIBIT C: INSURANCE REQUIREMENTS
General Services Contract rev. 12/2022 Page 3
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, CPL, and automobile 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 Contractor 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.

13.43 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Information Technology
SUBJECT: Application Support for Information Technology Systems (IT) RECOMMENDATION: Motion to approve statement of work amendment with EPI-Use America, Inc. for application support of critical information technology systems, and authorize the City Manager to execute the contract amendment in a form approved by the City Attorney.

BACKGROUND: The Information Technology (IT) Department has encountered recent challenges in filling open recruitments for skilled IT Programmer Analyst and Business Systems Analyst positions to meet the demands of various projects and application support responsibilities. As a result, the IT Department had to establish a support mechanism for critical City applications, and was able to have EPI-Use America, Inc. (EPI-Use) provide supplemental support on an as-needed basis.

While the IT Department continues to actively pursue filling these open recruitments, EPI-Use has been able to provide the City of Santa Cruz (City) with skilled resources to support critical information technology systems that include:
• Utility billing systems
• Financial management systems
• Human resources management systems
• Permitting and licensing systems
• Asset management systems
EPI-Use has quickly developed an advanced and deep understanding of the City’s application technology systems which has enabled them to respond quickly, and effectively to issues and small projects that arise. EPI-Use’s partnership with the City has enabled the IT Department to effectively maintain operational sustainability of the City's technology systems while also minimizing downtime, disruption, and risk to the City.

DISCUSSION: Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required item/service. Utilizing this procurement strategy is essential in enabling the City to continue to partner with EPI-Use for the remainder of the current fiscal year. This continuity ensures that the City can rely on EPI-Use’s extensive understanding of the City's technology systems.

14.1 The Purchasing Manager concurs that utilizing this purchasing approach to partner with EPI-Use is the most efficient method to meeting the City’s immediate needs.

The IT Department has a fully executed Master Service Agreement (MSA) already in place with EPI-use, staff is recommending approval of a statement of work amendment contract.

FISCAL IMPACT: The total amount to cover the cost of the scope of work amendment for FY 2023 is not to exceed $105,600. This cost will be shared between the IT Department and Water (WT) Department. Existing budget exists in the IT and WT professional and technical services budgets for FY 2023.

Description of Services: Professional Services Support
Cost Per Hour: $165/hr
Estimated Hours : 640
Total Cost: $105,600
Prepared and Submitted By:

Ken Morgan
Information Technology
Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. EPI-USE STATEMENT OF WORK.DOCX

2. MASTER SERVICES AGREEMENT.PDF

14.2 EPI-USE Contractual Paperwork
Statement of Work for
Operational Support and Maintenance
Version: 1.0
Date: January 9th City of Santa Cruz , 2023
The content of this document is confidential
Copyright © 2023 – EPI-USE America, Inc.

14.3 © 2023 EPI-USE America, Inc. All rights reserved. Page 2 of 8 Legal notice
The information in this SOW is confidential and may not be disclosed outside of EPI-USE America, Inc.; however, subject to regulatory requirements The City of Santa Cruz, Inc. may disclose this as required to regulatory authorities or interveners and will request that the document be considered confidential. Except as otherwise provided herein, the SOW and its contents may not be duplicated, used, or disclosed in whole or in part.

EPI-USE, the EPI-USE logo, Data Sync Manager, Variance Monitor, and Query Manager are trademarks or registered trademarks of EPI-USE Systems. All other trademarks mentioned are the property of their respective owners. National product specifications may vary.

Document history
Version Date Author(s) Revision

1.0 1/9/2023 Rowan Hinton Document creation
Table of Contents

1. Introduction...................................................................................................................3

2. Scope of services............................................................................................................3

3. Project Organization ......................................................................................................3

4. Project Effort and Fees...................................................................................................4

5. Assumptions ..................................................................................................................4

6. Contact Persons .............................................................................................................6

7. Acceptance and Approvals .............................................................................................7

8. Appendix A – Procedures ...............................................................................................8

14.4 © 2023 EPI-USE America, Inc. All rights reserved. Page 3 of 8

1. INTRODUCTION
This Statement of Work (“SOW”) is effective January 31st, 2023 (“Effective Date”) and describes the work to be undertaken by EPI-USE America, Inc. (“EPI-USE”) and The City of Santa Cruz (“The City”) and is issued under and governed by the Master Services Agreement (“Agreement”) between EPI-USE and The City.

The scope of work to be performed is defined in the project scope section of this document (“Project”).

Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

In the event of a conflict between this SOW and the Agreement, the terms and conditions of the Agreement shall prevail unless expressly stated otherwise.

2. SCOPE OF SERVICES
EPI-USE shall be responsible for delivering the following services and/or deliverables:

1. Operational Support and Maintenance of City’s SQL and SSRS/SSIS applications, processes, and reports ranging from Cashiering to Invoicing

2. Financial application support on Eden and supporting systems

3. Support and enhancement for Water applications and reports

4. Cityworks integrations

5. ERP assessment and planning support.

3. PROJECT ORGANIZATION

3.1 Project Sites
Work will take place at the following locations:

1. Remotely; and

2. Other locations as mutually agreed by both parties
If on-site presence is required, then the parties will mutually agree on the schedule. Physical access to The City’s offices will be required if EPI-USE works on-site. The City will provide access to the work sites, as reasonable and necessary, based upon The City’s sole discretion.

14.5 © 2023 EPI-USE America, Inc. All rights reserved. Page 4 of 8

4. PROJECT EFFORT AND FEES

4.1 Professional Services
Professional services are provided on a time and material basis, and based on consulting resources and effort as detailed in the table below:

Role Effort Hourly bill rate Fee
Technical Support and delivery consultant 640 $165 $105,600 Total 640 $105,600
Table 1: Professional Services Effort and Fees
If additional effort and/or services are required, then EPI-USE and The City will follow the Project Change Control Procedure (Appendix A.1) to formally increase the budget and thereby establish a new budget.

Notes:

1. All amounts are in US Dollars and exclude applicable taxes.

2. The hourly bill rates are fixed for this SOW and/or any subsequent Change Orders.

3. Professional services fees are exclusive of software licensing fees.

4.2 Travel Expenses
EPI-USE shall bill actual, necessary, pre-approved (based on travel schedule or ad-hoc requests) and allowable expenses in accordance with The City’s Travel and Expense Policy. A 5-day onsite visit is estimated at $2,400 as it pertains to travel expenses.

4.3 Payment Terms
EPI-USE will invoice and be paid according to the payment terms defined in the Agreement in conjunction with project effort and fees section of this document.

EPI-USE will invoice actual travel expenses monthly. The invoice will include a summary of the expenses incurred by the consultant(s).

5. ASSUMPTIONS
All assumptions and commitments from the Agreement are hereby included by reference and assumptions and commitments that are specifically applicable to this SOW are listed below:

1. General:
a. The City will appoint a part-time project manager responsible for the co-ordination of resources, personnel, subject matter experts, obtaining timely approval of decisions, and signing off on timesheets.
b. The City will provide EPI-USE remote access to the systems and/or technology, subject matter experts, etc. required to meet the terms of the SOW. c. The City will provide a workspace for EPI-USE consultants that are on-site for support. d. The parties understand and are committed in staffing the appropriate number of resources, with the necessary skills, to execute this SOW successfully. e. All documents will be generated in US English only.

2. Contractual:
a. The pool of hours is based on the approach, timeline, estimated effort, resources, and scope mentioned throughout this SOW. Should any of this change, then the parties will

14.6 © 2023 EPI-USE America, Inc. All rights reserved. Page 5 of 8 address these changes via a change order(s), which may result in timeline, scope, staffing, fees, and other adjustments.
b. The parties agree to monitor the level of overhead associated with the SOW and re-assess and adjust the fixed fee hours if required.

3. Knowledge Transfer:
a. The City will provide complete knowledge transfer documentation, coaching, and business process training to EPI-USE consultants who are required to provide support. b. The City assumes responsibility to ensure any of its contractors shall provide knowledge transfer necessary for EPI-USE to perform the necessary duties outlined in the SOW.

Note:

Deviations that arise during the SOW will be managed through the procedure described in the Change Control Procedure (Appendix A.1), and may result in adjustments to the scope, estimated schedule, fees, and other terms. If a deviation is not resolved through the Change Control Procedure within thirty (30) days, then the issue will be resolved in accordance with the Escalation Procedure (Appendix A.2).

14.7 © 2023 EPI-USE America, Inc. All rights reserved. Page 6 of 8

6. CONTACT PERSONS
The persons (“Contractual Persons”) for The City and EPI-USE on this SOW for contracting shall be:

The City EPI-USE
Name Mike Schmidt Rowan Hinton
Address Information Technology Department
809 Center Street, Room 8
Santa Cruz, California 95060
2002 Summit Blvd, Suite 300
Atlanta, GA 30319
Phone (831) 420-5003 (678) 468-8983
Facsimile (770) 234-4029
E-mail [email protected] [email protected] The persons (“Invoicing Persons”) for The City and EPI-USE on this SOW for invoicing shall be:

The City EPI-USE
Name Mike Schmidt Elsa Gouws (or designee)
Address Information Technology Department
809 Center Street, Room 8
Santa Cruz, California 95060
2002 Summit Blvd, Suite 300
Atlanta, GA 30319
Phone (831) 420-5003 (678) 872-0048
Facsimile (770) 234-4029
E-mail [email protected] [email protected]

14.8 © 2023 EPI-USE America, Inc. All rights reserved. Page 7 of 8

7. ACCEPTANCE AND APPROVALS
The Agreement and this SOW constitute the entire agreement between the Parties with respect to the subject matter thereof, and there are no representations, understandings or agreements that are not fully expressed herein.

IN WITNESS WHEREOF the Parties hereto have executed this SOW, via their duly authorized representatives, as of the Effective Date.

EPI-USE America, Inc.
_____________________________
(signature)
The City of Santa Cruz
_____________________________
(signature)
_____________________________
(print name)
_____________________________
(print name)
_____________________________
(title)
_____________________________
(title)
_____________________________
(date)
_____________________________
(date)

14.9 © 2023 EPI-USE America, Inc. All rights reserved. Page 8 of 8

8. APPENDIX A – PROCEDURES
A.1 Project Change Control Procedure
The following process will be followed if a change to this SOW is required:

1. A Project Change Request (PCR) will be the vehicle for communicating a change. The PCR must describe the change; the rationale for the change and the effect the change will have on the Project. EPI-USE will provide the form to be completed for this purpose.

2. The designated Contractual Person of the requesting party will review the proposed change and determine whether to submit the request to the other party.

3. The Contractual Persons will review the proposed change and recommend it for further investigation or reject it. If the proposed change is recommended for further investigation, the Contractual Persons will determine the scope of the investigation, the amount of investigation that will be done and what, if any, charges may apply. A PCR must be signed by authorized representatives from both parties to authorize investigation of the recommended changes. The investigation will determine the effect that the implementation of the PCR will have on price, schedule and other terms and conditions of the SOW.

4. A written Change Authorization and/or PCR must be signed by authorized representatives from both parties to authorize implementation of the investigated changes. Until a change is agreed in writing, both parties will continue to act in accordance with the latest agreed version of the SOW.

A.2 Project Escalation Procedure
The following procedure will be followed if resolution is required for a project-related conflict arising during the performance of this SOW:

1. When a conflict arises between The City and EPI-USE, the project team member(s) will first strive to work out the problem internally.

2. Level 1: If the project team cannot resolve the conflict within two (2) business days, the The City Contractual Person and EPI-USE Project Manager will meet to resolve the issue.

3. Level 2: If the conflict is not resolved within three (3) working days after being escalated to Level 1, The City Contractual Person will meet with the EPI-USE Contractual Person to resolve the issue.

4. Level 3: If the conflict remains unresolved after Level 2 intervention, resolution will be addressed in accordance with Project Change Control Procedure or termination of this SOW under the terms of the Agreement.

5. During any conflict resolution, EPI-USE agrees to provide services relating to items not in dispute, and The City agrees to pay invoices for items not in dispute.

14.10 14.11

14.12 14.13

14.14 14.15

14.16 14.17

14.18 14.19

14.20 14.21
Rowan Hinton
Associate Partner
5 March 2017

14.22 14.23

14.24 14.25

14.26 14.27

14.28 14.29

14.30 14.31

14.32 14.33

14.34 14.35

14.36 14.37

14.38 14.39

14.40 CITY COUNCIL

AGENDA REPORT
DATE: 12/22/2022
AGENDA OF: 1/24/2023
DEPARTMENT: Planning
SUBJECT: Schedule for General Plan Map Amendments for 111-119 Leonard Street (PL)
RECOMMENDATION: Motion to accept the report regarding the schedule for the proposed General Plan Map amendments.

BACKGROUND: During the discussion of the Objective Standards project and accompanying rezonings in August 2022, residents of the Central Park Neighborhood raised issue with three parcels on Leonard Street (111-119) that had been designated Mixed Use-Visitor Commercial (MXVC) as part of the 2030 General Plan adoption in 2012. These neighbors were concerned that, should the conforming rezonings as part of the Objective Standards take place as recommended by staff, these three parcels could be developed in a more intense manner than the existing land uses. Another concern of the neighbors was that the existing residential use of the land could be developed as commercial development (as allowed under the proposed Mixed Use Visitor High Density (MU-VH) zone district). The neighbors brought these concerns to the City’s Planning staff and to the sitting City Council seeking a remedy that would preserve the existing residential uses at the same land use density as the rest of the neighborhood on the surrounding blocks of Leonard Street, May Avenue, and Dakota Avenue. Ultimately, City Council passed the following motion on November 15, 2022, as part of approving the Objective Standards project:
1) Remove 111, 113, 115, and 119 Leonard Street from zoning map amendments. 2) Direct staff to initiate a planning process through the Ocean Street Area Plan, Housing Element update, and Downtown Expansion Plan, to study 111, 113, 115 and 119 Leonard Street parcels, with the goal of designating the parcels as low-medium residential density and eliminating commercial use for those three parcels, and accommodate the lost residential density in another area, as required by state law.” 3) Direct staff to return to Council at the January 24, 2023 meeting with a project schedule for the planning process for the planning outcomes. Within one year of initiation, provide a report on the project schedule and return to Council for potential direction to pursue the option of a General Plan amendment if the 3-part planning process described in #2 has begun to experience an extended timeline unforeseen by staff.

15.1 This Council item is the requested report back to detail the intended project schedule.

DISCUSSION: The direction from City Council identifies three upcoming planning processes that could potentially incorporate the desired land use redesignation of the Leonard Street parcels. Each one will be described briefly, along with the accompanying project schedule. In order to accomplish the redesignation of these three parcels, the City must identify sites that can receive an equivalent or greater amount of net residential capacity that will be removed from Leonard Street. The Housing Crisis Act requires that the City maintain the existing residential development capacity within its borders and stipulates that there can be “no net loss” of residential development capacity. This means that in order to reduce the allowed residential development potential on these three sites, the City must increase development potential, by an equal or greater amount, on other land within the City limits in a simultaneous action. Each of the projects below provide an opportunity to execute such a density transfer.

Ocean Street Area Plan
Updates are necessary to the Ocean Street Area Plan (OSAP) to complete the implementation of the City’s 2030 General Plan under the current state law provisions that require full build-out of the development allowed under the General Plan. Bringing the OSAP into full conformance with the General Plan will require adjusting the allowed heights on 15 parcels where the General Plan Land Use designation allows for up to 2.75 Floor Area Ratio (FAR). The OSAP limits heights to a maximum of three stories on these parcels, and accounting for setbacks, stepbacks, open space, and parking, the allowed FAR and height maximum are incompatible. Because the General Plan governs development allowances under the Housing Crisis Act, the height in the OSAP and the existing zoning must be adjusted to accommodate the 2.75 FAR. This was the same reasoning behind the rezonings as part of the Objective Standards project, but those rezonings did not require separately amending an approved area plan.

Staff anticipates initiating work on the OSAP in the spring of 2023. Community engagement work will occupy the first few months of the project timeline, and then staff will prepare the required amendments to the OSAP maps and text through the summer and into the fall. This process will help determine if the excess development capacity from the three Leonard Street parcels can be relocated onto other parcels within the boundaries of the OSAP. If so, the redesignation of those three parcels could happen concurrently with action on the amendments to the OSAP. The final plan amendments are anticipated to be ready for public hearings with the Planning Commission and City Council in late 2023. However, depending on the scope of the land use changes, requisite reviews under the California Environmental Quality Act (CEQA) could extend that timeline.

Housing Element Update
Work on the City’s Housing Element Update has been underway for several months and is anticipated to continue through the calendar year of 2023. The City and its consultant team are aiming to submit multiple drafts of the Housing Element to the California Department of Housing and Community Development (HCD) before the required deadline of December 31, 2023. The Housing Element will include a program calling for additional land to be identified for increased housing production in the amount necessary to meet the City’s housing obligations under the Regional Housing Need Allocation (RHNA) and possibly an additional number of units to help ensure that the required housing can be built and to satisfy HCD reviewers. At the time of the writing of this report, the exact number of housing units that will need to be accommodated through rezoning and amendments to the General Plan is not yet known, though

15.2 preliminary indications from the City’s consultants on the project are that additional residential capacity will need to be added in the City.

The Housing Element Update will be complete by the end of 2023, but the General Plan amendments and associated rezonings to accommodate new housing development would likely be completed over the following 12-18 months after certification of the Housing Element document by HCD. This time will allow the City to conduct the appropriate community outreach process around the sites that are identified for upzoning and allow for any CEQA review that might be necessary for a change in land use designations. If the redesignation of the Leonard Street parcels is included in this process, the final General Plan amendments and rezoning could happen around late 2024 to mid-2025.

Downtown Plan Expansion
City Planning staff and a consultant team are currently working on a project to expand the boundaries of the Downtown Plan to incorporate the neighborhood south of Laurel Street. This project will allow the City to add somewhere between 100 and 900 new housing units, depending on the development standards ultimately approved in the plan. At the time of drafting this report, Council has directed staff to study a minimum of 1,600 housing units for this area in the Environmental Impact Report (EIR) that will be prepared for the project. The existing development capacity in this neighborhood is approximately 930 dwelling units, based on average unit size data and the 3.5 FAR allowed throughout most of the project area. The contemplated residential capacity increases in the downtown expansion area would provide sufficient capacity to incorporate the development potential proposed to be removed from the three parcels on Leonard Street.

The current project schedule for the Downtown Plan Expansion project includes a community engagement event focusing on design, public spaces, and land uses in early 2023, and the schedule anticipates a draft of the plan and the Draft EIR by summer 2023. The plan could be finalized as soon as the end of 2023, depending on the extent and complexity of comments received on the Draft EIR that require responses from the project team. The City Council will hold a hearing to consider the proposed Downtown Plan Amendments and all other necessary regulatory amendments, as well as certification of the EIR sometime between November 2023 and March 2024. The Leonard Street rezoning and General Plan Land Use Designation amendment could take place in that same action.

Leonard Street Process. Based on the various timelines for the above projects, the OSAP updates would currently bring the general plan amendments and rezonings for the three Leonard Street parcels to the Council the soonest. If appropriate land can be identified within that project area as receiving sites for the excess development capacity, all the required policy amendments could potentially take place as early as the Fall of 2023.

If appropriate sites are not identified with in the OSAP boundary or if CEQA analyses associated with residential capacity shifts would delay that project, the next opportunity to include the parcels in a General Plan amendment action will be with the approval of the Downtown Plan Expansion in late 2023 or early 2024. In this scenario, staff would continue to engage with the Leonard Street neighbors as part of the OSAP update process, but the final action to change the General Plan Land Use Designation from MXVC (Mixed Use – Visitor Commercial) to LM (Residential – Low-Medium Density) would take place at the same hearing as action on the Downtown Plan Expansion. Both processes are expected to take place far in advance of potential

15.3 rezonings and General Plan amendments related to the Housing Element update, but both will be informed by the analysis determining the shortfall in appropriately zoned parcels to meet the RHNA. In short, staff will assess which of the three processes will most expeditiously bring the Leonard Street General Plan amendments and rezonings to the Council, and staff will pair the Leonard Street actions with the most expeditious process.

HEALTH IN ALL POLICIES: City Municipal Code Section 6.02.020 states that “Health in All Policies” means a collaborative approach to improving the well-being of all people by incorporating health, sustainability, and equity considerations into decision-making across sectors and policy areas. The redesignation of parcels on Leonard Street reflects consideration of neighborhood concerns by decision makers and will likely have a neutral impact on sustainability, health, and equity, though the net of the implications will be unknown until the sites that receive the transferred residential capacity are identified and evaluated.

ENVIRONMENTAL REVIEW: This information update does not constitute a project under CEQA. At such time the rezonings and General Plan amendments are proposed, the necessary environmental review under CEQA will be required.

FISCAL IMPACT: By integrating the Leonard Street parcels into one of the scheduled planning processes, the fiscal impact of this work is minimal. Additional staff time has been and will be spent on direct engagement with the neighbors and owners of Leonard Street properties above and beyond the broader community engagement activities, but this represents a small part of the overall proposed project scopes and schedules.

Prepared by:

Sarah Neuse
Senior Planner
Matt VanHua, AICP
Principal Planner
Submitted by:

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

Matt Huffaker
City Manager
ATTACHMENTS:

None.

15.4 1
Bonnie Bush
From: Deborah Marks <[email protected]>
Sent: Monday, January 23, 2023 9:55 AM
To: City Council
Subject: Agenda Item 15 Leonard St.

Dear Mayor Keeley and City Council Members,
The Central Park Neighborhood wishes to thank the City Council for helping our neighborhood retain residential zoning for parcels 111-119 Leonard St. We also thank Sarah Neuse and the Planning Department for the excellent work on identifying options on how this decision can most efficiently be implemented.

We urge the City Council move forward with accommodating the lost residential density within the Downtown Expansion as the first option. We feel this is the most efficient, most reliable direction and most likely to succeed.The Council is already committed to increasing residential density downtown; the process has already started with environmental review already underway. Downtown is the most logical place to move the density from the 3 parcels on Leonard St. As the Agenda Report states “The contemplated residential capacity increases in the downtown expansion area would provide sufficient capacity to incorporate the development potential proposed to be removed from the three parcels on Leonard Street."
The intent of the Ocean Street Area Plan is to protect the neighborhoods adjacent to Ocean St from impacts of development.

Our petition to City Council in Fall 2022 expressed the Central Park Neighborhood's support for preserving the height limits of the OSAP. An OSAP update would increase building heights adjacent to some of the existing neighborhoods along Ocean St. It would be an additional burden on these neighborhoods to also absorb even more density. We anticipate that an update of the OSAP that requires creation of a new process will not be faster than the Downtown Expansion which is already in process.

The Housing Element Update is the longest and most complicated process. Our issue does not seem to fit in this process.

We feel our concerns would not get sufficient attention in this broad process.

The anticipated timelines for the Downtown Expansion project and Ocean St Area Plan updates are very similar. The Central Park Neighborhood respectfully requests that City Council modify the Agenda Report to make the Downtown Expansion the first option for the Planning Dept to pursue. If this does not result in the outcome for moving the density of the 3 Leonard St parcels in the one year time frame, then a stand alone amendment would be the second option, as provided for in the Council's November 15, 2022 action.

We look forward to continuing working on this process with the City Council, the Planning Department and the community.

Respectfully,
Deborah Marks
Central Park Neighborhood
831-247-4510

15.5 City Council

AGENDA REPORT
DATE: 01/13/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Parks and Recreation
SUBJECT: Children’s Fund Oversight Committee Bylaws (PR) RECOMMENDATION: Motion to approve the Children’s Fund Oversight Committee bylaws and governing document.

BACKGROUND: At the November 2, 2021 election, a majority of voters approved Measure A, Santa Cruz Children’s Fund, which amended the City Charter to allocate 20% of revenue generated by the Cannabis Business Tax to youth and early childhood development programs and services.

Per Measure A, the City Council appointed a community oversight panel (Children’s Fund Oversight Committee, or Committee) to make recommendations on the use of future Children’s Fund revenues. The City Council appointed members from the following organizations:

A. The City’s Parks and Recreation Commission;
B. The Santa Cruz City School District;
C. First Five Santa Cruz;
D. Youth Organizations;
E. The City Council.

In addition to the above-specified represented organizations, the City Council appointed two members who serve in an at-large capacity and serve as representatives of 1) a community agency; and 2) a community leader with a connection to the children/youth sector.

DISCUSSION: Prior to the Committee’s first meeting, scheduled for February 2023, City staff request that the Council consider and approve bylaws for the newly formed committee. The purpose of approving bylaws at this time is to set the framework for the newly appointed body in order to allow the Committee to immediately begin focusing its efforts toward reviewing past use of the Children’s Fund and making recommendations to the City Council as part of the fiscal year 2024 budget process. The City Council will receive recommendations from the Committee as part of each fiscal year’s budget approval process.

16.1 The bylaws as drafted are similar in content and procedure to other City committees and reflect the duties and goals articulated by Measure A. To the extent modifications of the bylaws may be needed in the future, the Oversight Committee may make recommendations to the City Council related to amendments.

The Parks & Recreation Department will serve as the staff liaison to the Committee. Meetings will begin in February 2023 in advance of and in preparation for the City Council’s fiscal year 2024 budget hearings.

HIAP - The scope and direction of the Committee bylaws meets the principals of equity and health equity by addressing issues of disparity in healthy outcomes for youth in lower income communities. The Oversight Committee is tasked to address these disparities in health outcomes by evaluating past distribution of the children’s fund and setting criteria and strategy for funding opportunities to organizations that are eligible. The Committee will consider criteria that address 1) neighborhood (youth) safety, 2) increasing access to educational opportunities, and 3) public and community health.

FISCAL IMPACT: None.

Prepared & Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CF BYLAWS (DRAFT).PDF

16.2 BYLAWS - DRAFT
of the
Children’s Fund Oversight Committee
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Children’s Fund Oversight Committee of the City of Santa Cruz, CA
Adopted by Council XXX

16.3 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 2 C:\Users\Tjones\Downloads\CF Bylaws (DRAFT).Docx
Children’s Fund Oversight Committee Bylaws
Table of Contents
ARTICLE I – NAME AND/OR AUTHORITY ......................................................................... 4 ARTICLE II – PURPOSE............................................................................................................ 4 ARTICLE III – DUTIES AND RESPONSIBILITIES ............................................................. 4 ARTICLE IV – MEMBERSHIP ................................................................................................. 4 Section 1. Membership ................................................................................................................... 4 Section 2. Qualifications ................................................................................................................. 5 Section 3. Application for Membership .......................................................................................... 5 Section 4. Method of Appointment ................................................................................................. 5 Section 5. Good Standing and Reporting of Absences ................................................................... 5 Section 7. Ex-Officio Membership “Optional” .............................................................................. 6 ARTICLE V – TERM OF OFFICE ............................................................................................ 6 Section 1. Term ............................................................................................................................... 6 Section 2. Membership Year ........................................................................................................... 6 Section 3. Length of Term .............................................................................................................. 6 Section 4. Dual Service ................................................................................................................... 6 ARTICLE VI – OFFICERS AND ELECTIONS ....................................................................... 6 Section 1. Officers .......................................................................................................................... 6 Section 2. Election of Officers ........................................................................................................ 6 Section 3. Term of Office ............................................................................................................... 6 Section 4. Nominations ................................................................................................................... 6 Section 5. Voting ............................................................................................................................ 7 Section 6. Vacancy of an Officer .................................................................................................... 7 Section 7. Removal of Elected Officers .......................................................................................... 7 Section 8. Duties of the Chair ......................................................................................................... 7 Section 9. Duties of the Vice Chair ................................................................................................ 7 Section 10. Duties of the Acting Chair ........................................................................................... 7 ARTICLE VII – STAFF SUPPORT ........................................................................................... 8 Section 1. Staff ................................................................................................................................ 8 Section 2. Staff Relationship to the Advisory Body ....................................................................... 8 ARTICLE VIII – MEETINGS .................................................................................................... 9 Section 1. Time and Location of Meetings ..................................................................................... 9 Section 2. Cancellation ................................................................................................................... 9 Section 3. Special Meetings ............................................................................................................ 9 ARTICLE IX – CONDUCT OF MEETINGS............................................................................ 9 Section 1. Compliance with the Brown Act and Council Policies ................................................. 9 Section 2. General Conduct of Meetings ........................................................................................ 9

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Section 3. How Items Are Placed on the Agenda ........................................................................... 9 Section 4. Quorum .......................................................................................................................... 9 Section 5. Absence of a Quorum .................................................................................................. 10 Section 6. Agenda ......................................................................................................................... 10 Section 7. Order of Business ......................................................................................................... 10 ARTICLE X – MOTIONS ......................................................................................................... 10 Section 1. Call for Motion ............................................................................................................ 10 Section 2. Seconding a Motion ..................................................................................................... 10 Section 3. Lack of a Second .......................................................................................................... 10 Section 4. Discussion/Debate........................................................................................................ 10 Section 5. Time Limits on Discussion/Debate .............................................................................. 10 Section 6. Amending a Motion ..................................................................................................... 11 Section 7. Withdrawing a Motion ................................................................................................. 11 Section 8. Motion to Table............................................................................................................ 11 Section 9. Results of Voting ......................................................................................................... 11 ARTICLE XI – VOTING ........................................................................................................... 11 Section 1. Statements of Disqualification ..................................................................................... 11 Section 2. Voice Vote ................................................................................................................... 12 Section 3. Roll Call Vote .............................................................................................................. 12 Section 4. Sealed Ballot Votes ...................................................................................................... 12 Section 5. Adoption of .................................................................................................................. 12 Section 6. Tie Votes ...................................................................................................................... 12 ARTICLE XII – REPORTS ...................................................................................................... 12 Section 1. Agenda Reports to Advisory Body .............................................................................. 12 Section 2. Committee Reports ...................................................................................................... 13 Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports ................... 13 ARTICLE XIII – RECORD KEEPING ................................................................................... 13 Section 1. Maintenance of Records .............................................................................................. 13 Section 2. Action Agenda ............................................................................................................. 13 Section 3. Minutes ........................................................................................................................ 13 Section 4. Electronic Recording of Meetings ............................................................................... 13 ARTICLE XIV – COMMITTEES ............................................................................................ 14 Section 1. Ad Hoc Committees ..................................................................................................... 14 Section 2. Standing Committees ................................................................................................... 14 Section 3. Staff Support to Committees ........................................................................................ 14 Section 4. Appointments ............................................................................................................... 14 Section 5. Committee Meetings .................................................................................................... 14 ARTICLE XV – AMENDMENTS ............................................................................................ 15 ARTICLE XVI – ADOPTION OF BYLAWS.......................................................................... 15

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Children’s Fund Oversight Committee Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Children’s Fund Oversight Committee of the City of Santa Cruz, California; hereinafter referred to as the Committee or the Advisory Body.

ARTICLE II – PURPOSE
The Children’s Fund Oversight Committee was established to make recommendations on the use of future revenues related to the portion of Measure A (Cannabis Business Tax) monies assigned to the children’s fund. Resolution NS-29,851 dedicates twenty percent (20%) of all revenues generated by the cannabis business tax to be dedicated to the Children’s Fund and established the Children’s Fund Oversight Committee. Council Policy 12.16 authorizes the objects and purposes of the Committee, which shall be to:
1) support enhancement and expansion of evidenced- based programs; and 2) prioritize access to early childhood development, prevention, and vulnerable youth programs, without supplanting existing City of Santa Cruz services or investments.

ARTICLE III – DUTIES AND RESPONSIBILITIES
The Children’s Fund Oversight Committee shall have the ability, as vested by the City Council, and be required to:
• Review the expenditures of the Cannabis Business Tax related to the portion allocated to the Children’s Fund;
• Act in an advisory capacity to the City Council in all matters pertaining to Children’s Fund; • Receive complaints pertaining to the Children’s Fund ; • Review and make recommendations to the City Council pertaining to the Children’s Fund; • Review, monitor, and make long-range recommendations concerning the Children’s Fund; • Hear and decide matters relating to the Children’s Fund; and • Perform other duties as may from time to time be prescribed by the City Council.

ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Children’s Fund Oversight Committee shall consist of seven (7) Committee members, hereinafter referred to as members.

Membership, term of office, and procedures for removal of members and the filling of vacancies shall be as established by City Ordinance or by the City Council.

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Section 2. Qualifications
Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three (3) members who may be non-residents of the City provided that the nonresident committee members have experience in youth programs and early childhood development.

Section 3. Application for Membership
Prospective members for at-large seats shall file an application in the office of the City Clerk.

Members serving under any designated seat shall be confirmed by motion of the City Council of the City of Santa Cruz prior to commencing their term of service.

Section 4. Method of Appointment
A total of two (2) Committee members shall be appointed at-large by the City Council. The following remaining designated seats are established under Section 1432(4) of the Santa Cruz City Charter:

1. One (1) member of the City’s Parks and Recreation Commission

2. One (1) member of the Santa Cruz City School District

3. One (1) member of First Five Santa Cruz

4. One (1) member of a local youth organization

5. One (1) sitting City Council member
Section 5. Good Standing and Reporting of Absences
Councilmembers shall receive annual attendance reports prepared in the City Clerk's Department.

Absences will be identified as "with notification" or "without notification." An absence is considered as "with notification" if the member notifies the chairperson or the staff prior to the meeting. If there has been no prior notification, the absence is considered "without notification." It is important to notify staff of any absences for the purposes of determining a quorum. Advisory body members are expected to attend meetings regularly.

Each member of the Committee is allowed one absence per calendar year, except for meetings missed while conducting Children’s Fund Oversight business.

It is the responsibility of staff of an advisory body to bring serious attendance issues to the attention of the Mayor or City Clerk prior to reaching the limit, if possible. If either through study of the annual attendance report or through other channels, the Mayor learns that a member has more than the allowable number of absences, the Mayor may notify the member or chairperson, that action may be initiated by Council to remove the member from the advisory body. The Mayor may choose to postpone or withhold notification to Council in unusual circumstances: for example, if the member is actively performing work for the advisory body outside of the regular meetings or is involved in subcommittee work.

Section 6. Termination
After three meetings following appointment to the Advisory Body, each member shall be subject to removal by motion of any Councilmember, adopted by at least four affirmative votes.

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Section 7. Ex-Officio Membership “Optional”
The Children’s Fund Oversight Committee may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. The City Council will authorize the Chair of the Advisory Body to nominate member(s)-at-large for Council approval to be non-voting ex-officio members for a determined period of time.

ARTICLE V – TERM OF OFFICE
Section 1. Term
Term of office for each member shall be four (4) years. A member may be appointed to complete an unexpired term. A Member may continue to serve until their successor has been appointed.

Section 2. Membership Year
A membership year shall be from February 1st to January 31st of each year.

Section 3. Length of Term
A member shall not serve more than two (2) consecutive full four-year (4) terms. Upon completion of a member's fourth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have three years or less at the time their term expires are eligible for reappointment.

Section 4. Dual Service
With exception for the member from the City’s Parks and Recreation Commission, no other member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.

ARTICLE VI – OFFICERS AND ELECTIONS
Section 1. Officers
Officers of the Advisory Body shall consist of a Chair and Vice Chair.

Section 2. Election of Officers
As soon as is practicable following the first day of regular meeting of every year, there shall be elected from among the membership of the Advisory Body a Chair and Vice Chair.

Section 3. Term of Office
The term of office for the Chair and Vice Chair is one calendar year. Officers may not serve in the same position for more than two consecutive years.

Section 4. Nominations
The Chair will open the floor to nominations. Any member may nominate a candidate from the membership for the position of Chair or Vice Chair; nominations need not be seconded.

A member may withdraw their name if placed in nomination, announcing that, if elected, s/he would not be able to serve; but s/he shall not withdraw in favor of another member.

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Once the nominations are complete, the Chair will ask for a motion to close the nominations; a second of, and vote on, the motion is required.

The Chair then declares that it has been moved and seconded that the nominations be closed, and the members proceed to the election.

Section 5. Voting
Voting may be by voice vote or by roll call vote.

The candidate who receives a majority of the votes is then declared to be legally elected to fill the office of Chair, and will immediately chair the remainder of the meeting.

The same procedure is followed for the election of Vice Chair.

Section 6. Vacancy of an Officer
Should a vacancy occur, for any reason, in the office of Chair or Vice Chair prior to the next annual election, a special election shall be held to fill the vacant office from among the membership. That member shall serve until a new appointment has been made.

Section 7. Removal of Elected Officers
The Chair or Vice Chair may be removed by a majority vote of the full Advisory Body at a regularly scheduled meeting of the Advisory Body, when all appointed members are present, or at a special meeting convened for that purpose at which a quorum is present. Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice Chair shall become the new Chair. An election for the Vice Chair shall then be agendized for the next meeting.

Section 8. Duties of the Chair
The Chair shall preside at all regular meetings and may call special meetings. The Chair shall decide upon all points of order and procedure during the meeting; their decision shall be final unless overruled by a vote of the Advisory Body, in compliance with Article IX, Section 2, “General Conduct of Meetings.” The Chair may not make motions, but may second motions on the floor. The Chair acts as primary contact for staff and shall represent the Advisory Body before City Council whenever the Advisory Body or Council considers it necessary. The Chair and staff shall jointly set the meeting agenda.

Section 9. Duties of the Vice Chair
The Vice Chair shall assume all duties of the Chair in the absence or disability of the Chair.

Section 10. Duties of the Acting Chair
In case of absence of both the Chair and the Vice Chair from any meeting, an Acting Chair shall be elected from among the members present, to serve only during the absence of the Chair and Vice Chair.

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ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.

The Director of Parks and Recreation, or their designee, shall act as Liaison on behalf of the City and shall designate a secretary to the committee (Secretary) to assist and support the Advisory Body. Staff shall attend all regular and special Advisory Body meetings.

The Liaison shall:
• work closely with the Chair between meetings to identify and schedule agenda topics; • be responsible for coordination of reports, studies, and recommendations as are necessary to assist the Advisory Body in the conduct of its business; • enlist the assistance of other departments as required; • make recommendations, prepare reports and proposals to the Advisory Body; • represent the Advisory Body at meetings, presentations, and other public functions as requested; and
• oversee administrative tasks.

The Secretary shall:
• ensure compliance with all Brown Act postings and noticing requirements; • record minutes of the meetings in accordance with the guidelines established in the “Preparation of Minutes” section of the City Councilmembers' Handbook; • maintain proper records and files pertaining to Advisory Body business; • receive and record all exhibits, petitions, documents, or other materials presented to the Advisory Body in support of, or in opposition to, any question before the Advisory Body; sign all notices prepared in connection with Advisory Body business; • attest to all records of actions, transmittals, and referrals as may be necessary or required by law.

Section 2. Staff Relationship to the Advisory Body
Given limited staff resources, the Chair or individual members shall not make separate requests of staff without approval of the Advisory Body. If a member has a research or report request, it shall be brought to the Advisory Body for discussion, consideration, and recommendation prior to making the request of staff. If not approved by the Advisory Body, the individual member shall be responsible for their own research or report.

The Liaison and the Chair shall jointly set the meeting agenda. The Secretary shall schedule appeals and public hearings according to legal requirements.

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ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the Second Thursday of February and April which shall begin at 3:00 PM in the Council Chambers and will adjourn no later than 5:00 PM, unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.

If the scheduled date for a regular meeting falls on a holiday, such meeting shall be rescheduled in accordance with Council policy.

Section 2. Cancellation
If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled upon giving notice, unless a public hearing has previously been noticed.

Section 3. Special Meetings
The Chair of the Advisory Body, staff, or a majority of the membership of the Advisory Body may call a special meeting. Notice of such meeting shall state the purpose or the business to be transacted during such special meeting. No other business may be transacted at such special meeting other than as stated in the notice. Oral Communications are not required at special meetings as long as a statement appears on the agenda identifying that there will be no Oral Communications, but that members of the public will have the opportunity to address the Advisory Body on item(s) on the agenda.

ARTICLE IX – CONDUCT OF MEETINGS
Section 1. Compliance with the Brown Act and Council Policies All regular, special, and adjourned meetings of the Advisory Body shall be open meetings to which the public and the press shall be admitted in compliance with the Brown Act. Meetings will be held at City facilities which are accessible to persons with disabilities.

Section 2. General Conduct of Meetings
Points of order and conduct, including those not addressed by these Bylaws, shall be settled by the Chair, unless overruled by a majority vote of the Advisory Body. Points of order and conduct shall comply with the Brown Act, these Bylaws, and the City Councilmembers’ Handbook. The Chair will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting.

Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.” Section 4. Quorum
A quorum of the Children’s Fund Oversight Committee shall consist of six (6) whether or not there are vacancies on the Advisory Body.

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Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.

A meeting may be declared adjourned for lack of a quorum after a 15-minute period has elapsed from the scheduled time of the start of the meeting. A meeting may also be declared adjourned in advance, if absence notifications received by staff provided for lack of a quorum. Adjournment may be declared by any member or staff.

Section 6. Agenda
The Chair and staff shall jointly set the meeting agenda and its format shall conform to the template set by Council Policy.

Section 7. Order of Business
The Chair or a majority vote of the Advisory Body may change the order of business.

ARTICLE X – MOTIONS
Section 1. Call for Motion
Upon conclusion of preliminary discussion, any member other than the Chair may place a motion on the floor. The motion shall contain the proposed action.

Section 2. Seconding a Motion
The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.

Section 3. Lack of a Second
If, after a reasonable time, no second has been made, the motion shall be declared dead for lack of a second, and the Chair shall state this. This shall not be considered an action of the Advisory Body and shall not be included in the minutes.

Section 4. Discussion/Debate
After a motion has been made and seconded, the Chair shall call for a discussion of the question.

All discussion shall be limited to the motion on the floor. At the close of the discussion, the Chair shall put the matter to a vote.

Section 5. Time Limits on Discussion/Debate
The Chair may, at their discretion, limit debate of any motion; except that each member shall have the opportunity to speak.

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Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.

Section 7. Withdrawing a Motion
Any motion may be withdrawn by the maker and the second and shall not be included in the meeting minutes.

Section 8. Motion to Table
A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another member has the floor. A motion to table requires a second, is not debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted. Members will refrain from using a motion to table as a means of capriciously limiting debate among members, to suppress a minority of the Advisory Body, or to avoid public input on an agenda item under consideration by the Advisory Body.

Section 9. Results of Voting
The Chair shall state the results of each vote, e.g., “The motion passes by a vote of five to two.” ARTICLE XI – VOTING
Section 1. Statements of Disqualification
Section 607 of the City Charter states that “...All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.” No member may abstain from voting on any item, except on the approval of the minutes, when that member was absent.

The City of Santa Cruz has adopted a Conflict of Interest Code, and Section 8 of that Code states that “no person shall make or participate in a governmental decision which s/he knows or has reason to know will have a reasonably foreseeable material financial effect distinguishable from its effect on the public generally.”
Any member who has a disqualifying interest on a particular matter shall do all of the following:
1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required; 2) Recuse themselves from discussing and voting on the mater, or otherwise acting in violation of government code Section 87100;
3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter has been placed on the portion of the agenda reserved for uncontested matters;

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4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.

Any question regarding conflicts of interest shall be referred to the City Attorney.

Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting. All members including the Chair shall vote on all matters, except where they have a disqualifying interest.

Section 3. Roll Call Vote
Any member may request a roll call vote, either before or immediately after a voice vote. A roll call vote shall be taken without further discussion. The Advisory Body staff shall call the roll and each member shall state their vote for the record.

Section 4. Sealed Ballot Votes
No Advisory Body shall take a sealed ballot vote in open session.

Section 5. Adoption of
Adoption of a motion shall be made by a simple majority of the members present, except as otherwise provided. The Chair shall restate the vote for the record, e.g., “The motion is approved by a vote of five to two.”
Section 6. Tie Votes
Tie votes will be resolved as follows:

Statement of Disqualification: A tie vote resulting from a Statement of Disqualification of one or more members, with no members absent and no vacancies on the Advisory Body, shall constitute a defeat of the motion.

Absence: A tie vote during the absence of one or more members, or when there is a vacancy on the Advisory Body, shall cause the item to be automatically continued to the next meeting; except that, as to matters on which action must be taken on a date prior to the next meeting, a tie vote shall constitute a denial of the requested action.

Successive Tie Vote: A tie vote at the next meeting on a matter that has been continued as a result of a tie vote shall constitute a denial of the appeal or defeat of the motion.

ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background. If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least 10 business days prior to the meeting. Staff shall then format reports to be

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consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.

Section 2. Committee Reports
Committee reports may be verbal or written and may be accompanied by written documentation.

Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports All resolutions and recommendations adopted by the Advisory Body and addressed to the City Council shall be delivered to the Mayor as soon as possible. If the action requests City Council action, the item shall be placed on a future City Council agenda. Agenda reports to the City Council from the Advisory Body shall be written reports consistent with content, style, and formatting of City Council agenda reports.

Additionally, the agenda report shall include a section called analysis, which includes the pros, cons, and foreseeable consequences of the recommendation(s). In the event that staff and the Advisory Body disagree, an analysis of both recommendations shall be included.

ARTICLE XIII – RECORD KEEPING
Section 1. Maintenance of Records
All records shall be maintained according to the City of Santa Cruz Records Retention Schedule.

Section 2. Action Agenda
Action agendas are required for standing Advisory Bodies. An action agenda is an unofficial record of the meeting and shall consist of attendance; meeting start and adjourn times, and a brief description of actions taken. The action agenda shall be made available online within four working days of the meeting.

Section 3. Minutes
Action-only minutes will be produced for all Advisory Body meetings in the same format as that used for City Council meetings as referenced in Council Policy 5.14. Minutes, when approved by the advisory body, are the official record of the meeting and shall consist of attendance, meeting start and adjourn times, a brief description of actions taken, the motion maker and seconder of the motion; and an actual tally of the votes for all actions taken. Advisory Body members who want a particular comment included in the minutes must state “for the record” before making such comment. Minutes shall be reviewed, corrected as appropriate, and or amended and approved by the Advisory Body at a subsequent meeting. Approved minutes are a permanent document and shall be maintained in hard copy in perpetuity in addition to in electronic version.

Subcommittee reports presented orally in a meeting shall be summarized in the minutes.

Section 4. Electronic Recording of Meetings
Proceedings for all standing Brown-Act Advisory Body meetings shall be recorded on CDs or DVRs. The electronic media shall be retained for one year pursuant to the City of Santa Cruz Records Retention Schedule.

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As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.

Members of the public have the right to make recordings of a meeting without disrupting the proceedings under any circumstances.

ARTICLE XIV – COMMITTEES
Section 1. Ad Hoc Committees
Ad hoc committees are established by an Advisory Body to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Ad hoc committees generally serve only a limited or single purpose, are not perpetual, and are dissolved once their specific task is completed. An ad hoc committee shall be less than six months in term and shall have fewer members than a simple majority of the membership of the appointing Advisory Body. Ad hoc committees shall bring back information to the Advisory Body in either oral or written form.

Following ad hoc committee input, the Advisory Body shall then discuss, deliberate, and make recommendations on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. This shall take place in the presence of a quorum of the Advisory Body at a properly noticed public meeting.

Ad hoc committees shall not be subject to the Brown Act. City staff shall not be required to be present at ad hoc committee meetings. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes.

Section 2. Standing Committees
Standing committees are bodies established to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Standing committees are ongoing in nature and are created to deal with issues and make decisions on behalf of the Advisory Body. The public has a right to participate in this process. Standing committees are subject to the Brown Act and staff will provide only such support as to ensure such compliance.

Section 3. Staff Support to Committees
City staff shall normally not be required to attend or provide support for standing or ad hoc committee meetings, unless directed by the department head. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes. All standing committees shall provide reports, no less than quarterly, to the Advisory Body.

Section 4. Appointments
The Chair of the Advisory Body may designate or solicit participation for standing and ad hoc committees, unless overruled by a majority vote of the Advisory Body.

Section 5. Committee Meetings
All standing or ad hoc committee meetings shall be held upon call of the Committee Chair.

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ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.

ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of not less than six (6) of the full membership of the Children’s Fund Oversight Committee of the City of Santa Cruz and approval of the City Council, these Bylaws shall be in full force and effect. Any and all previously adopted bylaws are hereby superseded.

These Bylaws shall not be considered or construed as superseding any ordinance or directive of the City Council of the City of Santa Cruz, nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Advisory Body may direct its activities.

Attest:___________________________ _____________
Tremain Hedden-Jones, Secretary to the Committee Date

16.17 City Council

AGENDA REPORT
DATE: 01/12/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Public Works
SUBJECT: 2023 Nonpoint Source - Clean Water Act section 319(h) Grant:

Authorization for Application, Acceptance and Appropriation of Grant Funds for Nonpoint Source Water Quality Improvements and Reduction in Homelessness Impacts in San Lorenzo River (PW/CM)
RECOMMENDATION: Resolution authorizing the City Manager to apply for, accept, and appropriate funds from the 2023 Nonpoint Source - Clean Water Act section 319(h) Grant for improvements in the San Lorenzo River (pathogen) bacteria levels and reduction in homelessness impacts.

BACKGROUND: The San Lorenzo River (SLR) is under United States Environmental Protection Agency (USEPA) approved Total Maximum Daily Load (TMDL) restrictions on levels of bacteria (pathogens); sediments; and nutrients promulgated in 2011. The TMDL limits are in place for the protection of beneficial uses of the river including but not limited to specified recreation uses; drinking water intake; and fish spawning within city limits. The City of Santa Cruz (City) implements several management tactics towards the attainment of the pathogen TMDL including enforcing camping restrictions; deploying Ranger Patrols; provision of toilet facilities; organized clean ups and other measures limiting homeless encampments along the river; among other efforts. However, the consistent conclusions from high quality analytical data generated by the City’s Environmental Laboratory; the County’s Public Health Laboratory and other qualified professional sources indicate that the TMDL limits for the bacteria will not be met at the expiration of the TMDL in 2023 with these measures.

The City must seek alternative effective measures in addition to those currently in place. The Clean Water Act section 319(h) Program awards grants to reduce and mitigate the effects of nonpoint source pollution - such as sediment, pesticides, pathogens and nutrients - to waters of the State. The City is seeking funding through this grant to meet the TMDL goals of the USEPA to improve the Water Quality of the SLRutilizing data derived from analyses of bacteria (pathogen) and anthropogenic compounds in SLR within city limits from 2011 through 2022.

The grant application proposes the installation of USEPA approved pollution control devices at four strategic locations within the city to reduce bacteria levels from all sources including from transient populations and storm drains. The application also includes funding to provide outreach and education to homeless people by the City’s Homelessness Response Outreach Team to mitigate water quality and pollution impacts from homeless activity along the river.

17.1 Finally, the proposal anticipates broader community engagement in assessing the effectiveness of engineering and management activities in the implementation of the grant activities.

The California Water Boards administer applications from the State of California for the CWA section 319(h) program. The City submitted an application with letters of support from the County and Coastal Watershed Council on December 19, 2022. The awards are expected to be announced and funds allocated to the grantees in May 2023.

DISCUSSION: For the 2023 Nonpoint Source - Clean Water Act section 319(h), the City plans funding to make the following improvements:

1. Installation of 4 site-specific USEPA approved pollution abatement Continuous Deflective Separation devices at locations indicated by bacteria DNA and caffeine levels along the SLR:

San Lorenzo at Tait Street, San Lorenzo at Water Street, Branciforte Creek at Water Street, Branciforte Creek at Dakota Avenue.

2. Decrease homelessness impacts on the water quality of the SLR by Homelessness Response Outreach Team conducting one-on one outreach to communicate the environmental sensitivity of the area, educate people on how/where to access appropriate sanitation and hygiene facilities in order to mitigate impacts to sensitive riparian areas that connect to the San Lorenzo watershed and to guide people to shelter and services.

3. Terminate the high resource levels currently deployed for weekly monitoring along the SLR for TMDL and replace with monthly analytical effort levels to document, and if necessary, adjust the tools for effectiveness at fewer stations in the river.

4. Coordinate knowledge sharing with County and other local agencies throughout the State.

With respect to Health in All Policies, in terms of equity, this project will benefit all residents yet will provide targeted outreach and engagement to disadvantaged unsheltered transient populations along the SLR not just on sanitation and riparian health. As an integral part of their work, and specific to this grant, the Outreach and Shelter specialists will develop relationships with unhoused individuals and connect them to community resources and housing supports so that they can secure shelter out of waterway areas in order to reduce pollution impacting these areas. In terms of sustainability, the project offers substantial environmental protection of the SLR and its riparian corridor, in alignment with both education and water quality improvement strategies contained in the Climate Adaptation Plan (2018). With improvements to water quality, there will be increased reliability of water supply, ensuring sustainable and positive public health outcomes associated with clean water. With planned outreach on hygiene and sanitation, there is the potential to improve to public health, specifically of homeless people, as well.

FISCAL IMPACT: This project estimate is $1.33M where $1M in funds were requested from the state and $333,333 are to be provided as in kind staff time as the local match. There is no additional impact to the General Fund.

Prepared By:

Akin Babatola
Laboratory and Environmental
Compliance Manager
Tiffany Wise-West
Sustainability and Climate
Action Manager
Submitted By:

Nathan Nguyen P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager

17.2 ATTACHMENTS:

1. RESOLUTION.DOCX

2. APPLICATION.PDF

17.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ FOR

ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS FROM CLEAN WATER ACT SECTION 319(H) GRANT FOR NON POINT SOURCE WATER QUALITY

IMPROVEMENTS AND REDUCTION IN HOMELESSNESS IMPACTS IN SAN LORENZO RIVER
WHEREAS, The California Water Boards administer applications from the State of California for the Clean Water Act section 319(h) program. The Clean Water Act section 319(h) Program awards grants to reduce and mitigate the effects of nonpoint source pollution - such as sediment, pesticides, pathogens and nutrients - to waters of the state.; And WHEREAS, The San Lorenzo River is under United States Environmental Protection Agency (USEPA) approved TMDL (Total Maximum Daily Load) restrictions on levels of bacteria (pathogens); sediments; and nutrients promulgated in 2011; and WHEREAS, The City of Santa Cruz (City) implements several management tactics towards the attainment of the pathogen TMDL including enforcing camping restrictions; deploying Ranger Patrols; provision of toilet facilities; organized clean ups and other measures limiting homeless encampments along the river; among other efforts, the conclusions from high quality analytical data indicate that the TMDL limits for the bacteria will not be met at the expiration of the TMDL in 2023 with these measures; and The City must seek alternative effective measures in addition to those currently in place; and WHEREAS, the City proposes the installation of USEPA approved pollution control devices at four strategic locations within the city to reduce bacteria levels from all sources including from transient populations and storm drains; and the City proposes to provide outreach and education to homeless people by the City’s Homelessness Response Outreach Team to mitigate water quality and pollution impacts from homeless activity along the river; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Cruz authorizes the submittal of application(s) to the California Water Boards administer applications from the State of California for the Clean Water Act section 319(h) program for all grants which the City if Santa Cruz is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Santa Cruz all grant documents, including but not limited to applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

17.4 RESOLUTION NO. NS-XX,XXX
PASSED AND ADOPTED this 24th day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

17.5 Nonpoint Source (NPS) Pollution 319 Grant Program
City of Santa Cruz
Project Title: City of Santa Cruz’s San Lorenzo Watershed Improvement Project Project Description: (998/1,000 characters max)
The City of Santa Cruz's Public Works Department is working collaboratively between Drinking Water, Stormwater, and Homeless Response Teams to address pathogen TMDL in the San Lorenzo River watershed within the City of Santa Cruz. Four sites along the River have been 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 and installation. The engineering firm will be responsible for confirming the predetermined sites, assessing the CDS unit's size and flow rating need by site, creation of design plans, and installation. One-to-one outreach, education, and connection to community resources will take place to persons experiencing homelessness along the San Lorenzo River. The goal of the project is to reach pathogen TMDL for the San Lorenzo River watershed which hasn't been attained when compared to water quality monitoring data obtained in the last twenty years.

PROJECT NARRATIVE:

As a drinking water purveyor serving nearly 100,000 people in the northern Santa Cruz County area (including areas outside the City of Santa Cruz city limits) that is reliant on surface water sources for the bulk of its supply, effective watershed management is of paramount importance to the City of Santa Cruz. The City’s primary water source is the San Lorenzo River, thereby making effective implementation of both the Clean Water and Safe Drinking Water Acts especially important there. Recent Drinking Water Sanitary Surveys have indicated that houseless persons camping in riparian zones can present significant drinking water source quality concerns. As such, the City of Santa Cruz has robust programs focused on drinking water source protection. Broadly speaking, these programs are focused on prevention and mitigation of potentially contaminating activities such as illicit riparian camping in key drinking water source protection zones and participation in regional houseless persons management efforts.

These efforts often overlap with other City natural resource management activities including endangered and threatened species recovery, management of significant open space acreage and broader watershed protection activities. These efforts also overlap geographically – with the bulk of watershed work occurring outside the City of Santa Cruz city limits – but with obvious linkage (both in the bureaucratic and hydrologic senses) to watershed protection work occurring within the City of Santa Cruz city limits. Specifically with regard to the San Lorenzo River, the City is greatly affected by watershed functions upstream of its water intakes on the edge of city limits, but its operations can also have significant effects on watershed functions downstream to the Monterey Bay National Marine Sanctuary.

As Santa Cruz City Water Department (SCWD) has recently made significant long-term commitments toward overall watershed improvements from skyline to the sea—including changes in its own operations and substantial infrastructure investment—in recent years, we are very supportive of enabling others’ San Lorenzo River watershed restoration contributions as well.

According to the most recent Point-in-Time census conducted in February of 2022, there are at least 1,439 persons experiencing homelessness in the City of Santa Cruz. In this census, there were 1,058 unsheltered individuals, and the majority lived in the open spaces connected to the

17.6 San Lorenzo River watershed and related flood control areas, The City of Santa Cruz has an established Homelessness Response Outreach Team that works with unsheltered persons experiencing homelessness. As part of its work, this team will conduct direct 1-on-1 outreach and education efforts with persons experiencing homelessness living along the San Lorenzo River and its tributaries.

The Outreach & Shelter Specialists will engage with unhoused individuals living in the area, communicate the environmental sensitivity of the area, and educate people on how/where to access appropriate sanitation and hygiene facilities in order to mitigate impacts to sensitive riparian areas that connect to the San Lorenzo watershed. As an integral part of their work, and specific to this grant, the Outreach and Shelter specialists will develop relationships with unhoused individuals and connect them to community resources and housing supports so that they can secure shelter out of waterway areas in order to reduce pollution impacting these areas. In the last year, the City has funded the expansion of shelter capacity by 165 spaces, and will utilize this capacity to continue to provide shelter to persons living in and adjacent to our waterways.

The City anticipates engaging with over 100 unsheltered persons in this grant funded work, and will provide environmental education on human impacts on the river, and will work to connect these individuals to supportive services that will move them to safer and improved living environments. Four sites along the river have been identified as locations to install continuous separation devices (CDS units) to address pollution for pathogen TMDL.

WATERSHED DESCRIPTION:

A) 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. Notable tributaries of the river include Kings, Boulder, Bear, Bean, Fall, Newell, Zayante and Branciforte Creeks. Geology of the watershed is varied with sedimentary formations dominating on the east side of the watershed and metamorphic dominating the west side (including karst formations similar to those found in the Laguna and Liddell watersheds in Bonny Doon). As of 2001, the watershed was the home to some 41,000 people, with 17,174 developed parcels (not including areas within the City of Santa Cruz). Approximately 3,150 of the developed parcels are located within the City of Scotts Valley. The large remainder of the watershed is unincorporated under county jurisdiction and includes the communities of Felton, Mt.

Hermon, Ben Lomond, Brookdale, Boulder Creek, Lompico, and Zayante.

All residents of the watershed derive their water supply from surface and groundwater in the watershed. The river directly provides the majority of water supply for the approximately 95,000 customers served by the City of Santa Cruz. The San Lorenzo River historically supported the largest salmon and steelhead fishery south of San Francisco Bay; the fourth largest steelhead fishery in the state. However, coho salmon and steelhead are now listed as endangered and threatened, respectively. Historically the watershed has been used for timber harvesting, and quarrying, both of which continue at a diminished level today. Agriculture is limited, consisting of scattered small Christmas tree farms, orchards, nurseries, and vineyards. The tourist industry has been and continues to be important, with three state parks, scattered summer homes, and motels.

Summer homes were the dominant residential use in the watershed until the 1950s. After that time, summer homes were converted to year-round use and the watershed

17.7 experienced a high rate of residential development, peaking at some 3,300 new units built in the 1970s.

With the exception of the City of Scotts Valley, and some small sewered communities, more than 13,000 properties are served by individual onsite sewage disposal systems. The rapid rates of development, and conversion of second homes to year round use lead to extensive degradation of the river from failing septic systems, urban runoff, excessive erosion and sedimentation, and reduced streamflow from water extraction. Since the 1970's, considerable efforts have been undertaken to address these issues through the development and implementation of numerous planning efforts. While many of these efforts have made substantial steps toward addressing the problems, the San Lorenzo River continues to be listed by the federal and state government as impaired by several pollutants. Steelhead population levels continue to be depleted and coho salmon are locally extirpated - though current recovery efforts are focused on improving their habitat conditions in the Watershed.

B) The size of the project implementation sites are small relative to the overall (138 square mile) San Lorenzo Watershed. The four implementation sites are located within the City limits in the lower section of the watershed near the San Lorenzo river estuary. The sites are also located near tributaries of the San Lorenzo Watershed including Branciforte Creek. The project implementation sites are located in areas of the San Lorenzo watershed that have dense urban development and commercial zoning.

WATERSHED-BASED PLANNING:

A) The following is a summary of more specific SCWD drinking water source protection activities relevant to the current proposal:
• Initiation and implementation of Drinking Water Source Assessments and Drinking Water Sanitary Surveys
• Development of a San Lorenzo River watershed riparian conservation plan • Riparian conservation license program with private landowners upstream of drinking water intakes
• Modeling of flood inundation zones in areas frequented by houseless persons • Delineation of source protection zones upstream of drinking water intakes • Identification of stream crossings and watershed boundaries in all drinking water source watersheds
• Weekly patrol of riparian zones in priority drinking water source protection zones • Clean up of camps in priority drinking water source protection zones • Collaboration with local, state and federal homelessness and natural resource management working groups
• Implementation of robust drinking water quality, biotic and hydrology monitoring programs
• Participation in natural resource related outreach to the houseless community • Hosting of workshops and tours focused on riparian camping problem-solving The City adopted the Sewer Use Ordinance in 2018 which applies to private sewer laterals and includes the following:
• The owner of a property with a sewer spill is responsible for stopping the spill immediately and will be subject to fines and penalties if inspections and repairs are not completed within 14 days.
• Prior to the sale of a property, the property owner must have the sewer lateral inspected by an authorized inspector, make any needed repairs, and submit an inspection form to

17.8 verify compliance. The property is exempt from inspection for sewer laterals or laterals that have passed inspection within the past five years. • Private sanitary sewer collection systems and pumps (at apartment buildings, homeowner associations and businesses) must pass inspection every 10 years. Their pipelines must be cleaned every two to five years depending on size. Privately-owned pump stations must pass inspection every one to five years depending on size.

The City currently reviews Building Permit plans for erosion and sediment control BMPs including for small residential projects. Project applications are required to include erosion and sediment control BMPs, as appropriate, and related standard notes are required on plan sheets. Open construction sites are inspected multiple times, especially during the rainy season, by various City staff. The City also conducts extensive street sweeping on streets to control sediment discharges into the Watershed.

B) The City’s latest TMDL monitoring report (2022) has shown that bacteria concentrations from Branciforte Creek into the San Lorenzo river are very high and exceed TMDL threshold limits.

Also, bacteria levels generally increase as the San Lorenzo river courses through the City to the lower section of the San Lorenzo River watershed and estuary.

C) Stakeholder Groups:
• Neighboring municipal agencies (County of Santa Cruz, City of Scotts Valley, City of Capitola)
• Environmental Non-profits (Coastal Watershed Council, Save our Shores) • Homelessness Services providers (Homeless Persons Health Project, Housing Matters, Downtown Outreach Workers, Downtown Streets Team, Healing the Streets) The communication and stakeholder involvement can be facilitated through meetings at the City’s Measure E Stormwater Committee (annually) and the City’s monthly Transportation and Public Works Committee (TPWC). Communication throughout the milestones of the project can also be facilitated through the City’s communications staff and shared through social media, websites and newsletters as well as through individual touchpoints with communities of concern, including persons experiencing homelessness.

D) San Lorenzo River was placed on the 303(d) list for not attaining pathogen indicator water quality objectives. Based on historic data and recent data, concentrations exceeded the water quality objectives for fecal coliform and federal water quality recommendations for Escherichia coli (E. coli). These organisms are pathogen indicators. The purpose of these water quality objectives and recommended criteria are to protect the beneficial uses for water contact recreation. Exceedances occurred at most stations sampled during both wet and dry seasons.

Natural sources and non-natural sources contribute to water quality objective violations. The natural sources are birds, rodents, and wildlife. Examples of non-natural controllable pathogen sources are onsite wastewater disposal system discharges, storm drain discharges, homeless person/encampment discharges, and domestic animals and livestock. Some of the natural sources are partially controllable.

SITE SELECTION CRITERIA:

A) Unauthorized activities that have an adverse impact on water quality are associated with homeless encampments in and around the San Lorenzo River from the Highway 1 bridge to Paradise Park. The upper portion of this corridor is upstream of the Tait Street intake, the downstream limit of the survey area. The wooded riparian area just upstream of the Tait Street Diversion has historically been used as an informal settlement with efforts made by the City to

17.9 resolve homeless issues with multiple approaches including providing social services. Because there is a lack of sanitary facilities in the vicinity of the encampments, these sites may be a source of human waste. The following treatment sites are identified as:
• San Lorenzo at Tait Street
• San Lorenzo at Water Street
• Branciforte Creek at Water Street
• Branciforte Creek at Dakota Avenue
Water sampling has been conducted weekly at these sites.

PROJECT RELATIONSHIP TO WATER QUALITY:

A) The San Lorenzo River lower watershed in the City of Santa Cruz runs into the Monterey Bay Sanctuary are the waterbodies this project will affect. Fecal Coliform and trash are among the top water quality impairments of beneficial use:
• Water contact recreation
• Fish and wildlife
• Municipal and domestic water supply
B) Specific pollutants the project will address:

1. Solids (unit capture)

1. TSS

2. Trash (unit capture)

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

1. Bacteria

1. Total coliforms,

1. Fecal coliforms

2. Enterococci

2. HF183

3. Caffeine
C) Homeless encampments can increase the concentration of microbial and particulate contaminants in streams, and are identified as a source contributing to water quality objective violations in the San Lorenzo River Pathogen TMDL. Homeless outreach specialists will be pivotal in conducting direct 1-on-1 outreach with persons experiencing homelessness living along San Lorenzo River and its tributaries and provide education on accessing hygiene, sanitation facilities and provide linkage to community resources and housing navigation supports. Four continuous deflective separation devices (CDS units) will be purchased and installed at four sites. These units’ treatment capabilities include capturing solids, trash, and sediment.

D) The Probabilistic Rational Method is a sizing program Contech developed to estimate a net annual sediment load reduction for a particular CDS model based on site size, site runoff coefficient, regional rainfall intensity distribution, and anticipated pollutant characteristics.

CDS systems are designed to achieve 80% solids load reduction. The Jensen Deflective Separator is certified for at least 50% TSS removal efficiency. It captures 100% of floatables and 100% of all particles equal to or greater than 4.7mm with an 80% Removal Efficiency based on independent evaluations and model calibrations of the continuous deflective separation process. Water quality constituents captured include: Heavy metals, oil & grease, nutrients, and fecal coliform.

E) In relation to Pathogen TDMLs, these are the existing results from data collection. Of the four sites identified, two sites have water quality history going back more than 20 years:

1. SLR - 3 / Water Sampling Station # 009 SLR @ Water Street

17.10 1. Exceedances were 47% of maximum water quality objectives from 1996-1997

2. Exceedances averaged 70-75% from 2010-2022 for fecal coliform in 5 samples in 30 days log-mean

3. Average concentration of Nitrate was .3-.5 mg/L 2011-2022

4. TSS ranged from 2 mg/L to 42 mg/L from 2014-2022 with an average of 13 mg/L

2. SLR - 1 / Water Sampling Station #206 SLR @ Tait Street

1. Exceeded water quality criteria from 2000-2006

2. Approximately 10% exceedances for fecal coliform in 5 samples in 30 days logmean

3. Average concentration of Nitrate was .4-.6 mg/L 2011-2022

4. TSS ranged from 2 mg/L to 52 mg/L from 2014-2022 with an average of 11 mg/L

3. BFC - 4 / Water Sampling Station # 006 BFC @ Dakota Street

1. Exceedances were 35% of maximum water quality objectives & 63% geometric mean from 2002-2004 of fecal coliform

2. Exceedances averaged 80-100% from 2010-2022 for fecal coliform in 5 samples in 30 days log-mean

3. Average concentration of Nitrate was .25-.55 mg/L 2011-2022

4. TSS ranged from 150 mg/L to 10 mg/L from 2014-2022.

These water quality objectives are in place to protect the water contact recreation beneficial use. The numeric target used to develop the TMDL is:

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. Projected water quality benefits would be measurable within a matter of months following the successful implementation of the proposed project. Water quality monitoring happens monthly and is reported annually. The ongoing parameters of monitoring further informs the presence of human activity.

MANAGEMENT MEASURES & MANAGEMENT PRACTICES:

A) The City of Santa Cruz produced a 2022 update of information for monitoring of waterborne indicator bacteria, sediments, and nutrients within surface waters in the San Lorenzo River and Branciforte Creek as part of the Environmental Laboratory and Environmental Compliance Program. The original effort was initiated in 2010 after the USEPA’s pathogen TMDL in the San Lorenzo River. The City’s obligations under the Clean Water Act were to develop trends of bacterial levels to assess the effectiveness of the interventions on management practices implemented and developing information for controlling anthropogenic sources of bacteria so as to subsequently implement measures. The following control measures have been discerned:
• Moving the unhoused thereby removing human access reduces pollution • CDS units to treat water pollution
• Measurements of water quality parameters by Drinking Water staff monthly exhibits the temporal breakdown of efficiencies
The technical basis is specific to human activity for pollution. The measures include the effectiveness of keeping people from camping in the different sites. Our baseline is established and will be tracked as measures are implemented to reach the desired impact.

17.11 B) Sampling and monitoring in the river is using the latest scientific methods of the aforementioned parameters. Additional molecular tools will be utilized as needed.

C) Sites were selected based on data. Data indicated human activity were at those sites. Storm events convey these markers. Three out of four sites have stormwater pipes. Tait Street does not. Stormwater pipes vary in diameter. There are different flows for different sites. The contracted engineering firm will be responsible for the engineering component. The unit will be placed in the river at the Tait Street site. This is an important site for data collection and drinking water intake.

D) The engineering consultant as part of the project will provide site specific installation design plans.

E) Periodic reviews to management measures are data driven, are continuous and assessed annually. CDS Units have a 20–30-year useful life.

PROJECT TEAM:

A) The City of Santa Cruz has a proven record of successfully leading, directing, and working on multi-disciplinary teams. The Project Team would be led by senior staff who manage and delegate project tasks rigorously to ensure timely completion of deliverable actions and goals.

Akin Babatola, Project Director
Primary role: Tracking overall project implementation, estimating pollutant load reductions, and reporting the amount of acres of wetlands and feet of riparian areas protected or restored as a result of this grant program.

Qualifications: Akin’s experience in developing watershed approaches has been increasingly effective in helping to to design the most effective framework needed to protect the San Lorenzo River against today’s biggest water resource challenges. Having served as Santa Cruz’s Laboratory & Environmental Compliance Manager over the past 20 years, Akin was directly responsible for transforming the pretreatment program into a structured Environmental Compliance program with distinct sections of the City allocated to Inspectors for stormwater and wastewater ordinance responsibilities. His efficient direction of EPA mandated Pretreatment Compliance Inspections (PCI) and Pretreatment Compliance Audits (PCA) has also played a key component in successfully negotiating the City’s NPDES permits, with the following highlights further reflecting his deep commitment to modern management structures:
• Development of a standard Enforcement Response Plan;
• Successful revisions and implementation of science-driven local limits for dischargers since 2002;
• Management of the pathogen TMDL in San Lorenzo River since 2011; and • Implementation of an annual Pollution Prevention Awards Dinner since 2006.

Eric Dhakni, Project Manager
Primary role: Managing a watershed-based approach to restore NPS-impaired waters, specifically within the City of Santa Cruz’ San Lorenzo River, to ensure project efficiency and watershed implementation as well as increased emphasis on coordination with its Homelessness Response Outreach Team.

Qualifications: Erik’s holistic protection approach is essential for addressing the pervasive threats to healthy watersheds, including loss and fragmentation of habitat, hydrologic alteration, invasive species and climate change. Since 2017, he has overseen and coordinated a diverse multitude of environmental programs that have significantly benefited Santa Cruz’ residents and communities (including the aforementioned stormwater program and NPDES

17.12 stormwater permit compliance), while actively supervising and partaking in regulatory compliance duties for the City-owned landfill facility. Erik will be responsible for managing the day-to-day functions of the project, evaluating team members’ performance tasks, and developing team goals and strategies at various levels. Former accomplishments and past achievements that have helped to solidify Erik’s management-capacity skills are highlighted below:
• Developing an operating plan from input derived from the City’s monitoring/reporting programs, field studies, BMP assessments, compliance violations, and remediation efforts. • Interpreting and applying federal/state/local regulations and codes such as California Air Resources Board (CARB), CalRecycle, and other regulations related to stormwater quality, waste management and landfill gas.
• Determining resources and supportive partnerships as a result of his work with residential and commercial development projects (e.g., stormwater plan reviews, construction inspections).
• Overcoming barriers to success for construction projects by obtaining regulatory permits (e.g, US ACE, CA Fish & Wildlife, CA Environmental Quality Act, CA State Resources Control Board) whilst maintaining the momentum via comprehensive databases.

Larry Imwalle, Project Coordinator
Primary role: Overseeing equity-centered, community-based outreach for the purposes of engaging at least 100 unsheltered persons to help strengthen this grant-funded work, which includes the provision of environmental education on human impacts while working in-tandem with supportive services to expand accessibility to safer and improved living environments.

Qualifications: Larry can best be described as a forward-thinking, values-driven innovator who is widely well-renowned and recognized for cultivating mutualistic partnerships that are able to address and alleviate some of the community’s most critical needs. As a responsible risk-taker who knows how to leverage his analytical abilities and strategic-making skills to develop sustainable policies, he has played an indisputable role in helping to advance City-supported homelessness initiatives. Some examples of this work have involved, but isn’t limited to:
• Managing and overseeing Santa Cruz’s homeless response programs, while developing qualitative/quantitative measures to accurately evaluate program effectiveness. • Identifying and implementing short- and long-term range planning and programmatic frameworks to accomplish homelessness response goals.
• Conducting field studies, which includes assessing Santa Cruz’s homelessness situations among its most under-resourced areas, before presenting these findings to boards, City Council, and other community-based organizations.
• Reviewing and reporting on a variety of complex data related to homelessness to inform program budgets, as well as ensuring the regular provision of written analysis offering recommendations for change or improvements.

B) An RFP will need to be written by a consultant which will call for an engineering firm and contractor under the same RFP. The RFP will be for design and installation at all sites.

C) There are contracted Point-in-Time counts by census tract carried out by Applied Survey Research. Shelters are contracted and operated by the county. Bit Focus licenses software for the Homeless Management Information System.

D) The City of Santa Cruz coordinates with State and Regional Water Board on an annual basis, sometimes more frequently informally with Regional Water Board who are aware of this project.

Annual reports are created by the City of Santa Cruz with water sampling data input by the county and the City of Watsonville and submitted by the Public Works Department.

17.13 PROJECT MANAGEMENT & SCOPE OF WORK:

A) The City of Santa Cruz’s San Lorenzo River Watershed Improvement Project will be completed within the expected grant agreement execution timeframe.

B)
Task Activity Timing and
Schedule
Deliverable
Pre GrantAward
Activity
Project selection and Executive Director
Approval
April 2023
Pre GrantAward
Activities
Award announced to applicants May 2023
Pre Grant
Award
Activities
State Water Board receives CWA 319 grant
from U.S. EPA
target July
2023
Pre Grant
Award
Activities
Scope of Work development with Regional
Water Board Grant Managers and applicants
July 2023
through
December
2023
Pre Grant
Award
Activities
Grant agreement development and execution
with Division of Financial Assistance
October
2023 – June
2023
Task 1 Project Management (Eric Dhakni & Akin
Babatola) / Project reporting (3rd party)
Jan 2024 -
Jan 2027
Progress Report &
Final Report
Task 2 Locating/confirming optimal impact locations
for minimizing nutrient and anthropogenic
bacteria into SLR via Tributary at Branciforte
Creek/ Locating/confirming optimal impact
locations for minimizing nutrient and
anthropogenic bacteria into SLR within city
limits
January
2024 - April
2024
City/Consultant
site visits, GIS
study
Task 3 Contracting for installation of CDS-type
devices for detaining nutrient bearing loads;
solids and additional bacteria into SLR within
city limits
May 2024 -
Oct 2024
RFP
Task 4 Commissioning contract for implementing CDS
units
Nov 2024 -
May 2025
Contract executed
Task 5 Purchases and installation of CDS units;
Contract Close Out and Final Payment
June 2025 -
Sept 2026
Install 4 units at
respective sites

17.14 Task Activity Timing and
Schedule
Deliverable
Task 6 Monitoring; monthly water sampling, monthly
unit maintenance and inspection; annual
water quality reporting
Sept 2026 -
Jan 2027
City staff site visits
result in field
notes
Task 7 Coordination with County Jan 2024 -
Jan 2027
Regular meetings
Task 8 Conduct direct 1-on-1 outreach with persons
experiencing homelessness living along San
Lorenzo River and its tributaries and provide
education on accessing hygiene and sanitation
facilities.

Jan 2024 -
Jan 2027
Staff person field
time at sites result
in field notes
Task 9 Conduct direct 1-on-1 outreach with persons
experiencing homelessness living along San
Lorenzo River and its tributaries and provide
linkage to community resources and housing
navigation supports.

Jan 2024 -
Jan 2027
Staff person field
time at sites result
in field notes
Note:

1. CEQA - N/A

2. All Tasks Overseen by Public Works
C) The units will be installed on city storm sewer pipelines and city streets. There might be minor easement issues and could be addressed in house. The installation process of the units is similar to the manhole installation process for replacing, repairing and making additions. This type of installation of infrastructure is regularly contracted out. The Tait Street site is different from the other three. Tait Street might require a permit from the State Water Board or Fish and Wildlife depending on the engineering design. It may be considered an “offline” unit in that it will not be affixed to existing storm drainpipes. Based on the feasibility of this would be the only major change to the scope which would result in the fourth unit not being purchased and installed. Water sampling for this site would continue.

PROJECT BUDGET:

A) Quotes were gathered from two vendors for the CDS units, Jensen Stormwater Systems and Contech Engineered Solutions. Three of the four sites’ devices would be installed in existing storm drainpipes. Unit cost differs based on the higher peak flow rating and diameter. The variability in cost is wide ($60k-$120k per unit) averaging about $100,000 per unit based on the estimated needs of each site. The California Stormwater Quality Association (CASQA) has guidance on construction installation costs. These can vary from 50-100% of unit cost, whereas vendors estimate installation can range up to 2x the unit cost.

B) An engineering consultant will be engaged to confirm the location of the CDS units at the predetermined sites and create the installation design plans.

C) Our newly established Public Works Homelessness Response Field Division will be working to abate and remediate areas in the city impacted by encampments. As part of its work, this team will be working cleaning up refuse and restoring areas along the San Lorenzo River impacted by

17.15 encampments utilizing best management practices in addition to the outreach to be conducted as part of this grant funded project. The Public Works Department’s Stormwater Division is also in the process of implementing a project to establish a dump station to counteract illegal dumping activities in the San Lorenzo River watershed.

FUNDING MATCH:

A) A 25% match will be provided in kind through personnel costs. A 15% full time equivalent (FTE) each year will be dedicated to the project by the Project Director, Water Quality. A 30% FTE each year will be dedicated to the project by the Project Manager, Stormwater. Both positions are within the Department of Public Works. Staff members will track their time to the specific project in the City’s timekeeping software, with separate tracking for both reimbursable labor and staff match labor. This documentation will be collected by the Project Manager and shared with the third-party consultant responsible for the progress report and final report.

READINESS TO PROCEED:

A) An engineering consultant will need to be engaged for design plans for the installation of the units at all four predetermined sites. A consultant will need to be engaged to write the Request for Proposals for the construction work to install the devices according to the plans.

B) After a comprehensive search of documents and data, readily available information was not available to locate the percentage of each land use in the watershed. The following will be addressed by the project.
• Development of a San Lorenzo River watershed riparian conservation plan • Modeling of flood inundation zones in areas frequented by houseless persons • Delineation of source protection zones upstream of drinking water intakes • Identification of stream crossings and watershed boundaries in all drinking water source watersheds
• Implementation of robust drinking water quality, biotic and hydrology monitoring programs
• Hosting of workshops and tours focused on riparian camping problem-solving C) One of the four sites for installing devices, Tait Street, might require a permit from the State Water Board or Fish and Wildlife given the difference in installation. Outreach to adjacent property owners will be made as needed.

D) Landowner agreements are not anticipated. Units will be installed on city storm water pipelines and city streets. There might be minor easement issues and could be addressed in house by the city.

CLIMATE CHANGE RESILIENCY:

A) The City is a climate adaptation leader, having conducted extensive vulnerability assessments (e.g., on climate influenced precipitation) and planning (e.g., of evacuation trigger points derived from upstream steam gauge measurements). It has implemented 43 of 44 adaptation strategies from its adopted 2018 Climate Adaptation Plan, including those aimed at improving water quality, and conducts ongoing outreach with the general public but more specifically targeting historically underrepresented and underserved communities of concern including people experiencing homelessness. Education and outreach are the highest priority strategy in the Climate Adaptation Plan. Project vulnerabilities include:
• Ability of installed devices to withstand climate-influenced precipitation and resulting flows.

17.16 o Solution: design of device construction will account for higher stream flow conditions during wet months.
• Exposure of homeless population’s safety to climate-influenced precipitation and higher stream flow conditions during wet months.
o Solution: The City is already engaged in ongoing discussion with homelessness groups, e.g., the San Lorenzo River Benchlands Estuary Stewardship Program, the Downtown Streets Team, and the Homeless Garden Project in the impacts of climate change on homeless people. The project will design outreach activities to include discussion of these potential impacts, how to respond and walk-through registration of homeless people onto the City’s Code Red reverse 911 mobile phone notification system for advance warning and evacuation recommendations away from river area.

B) Through the planned engagement with people experiencing homelessness, climate change impacts will be discussed including the increased potential for water quality impacts and catastrophic wildfire in the wildland urban interface and open spaces where people experiencing homelessness shelter, emphasizing the need to be extremely cautious about the use of fire and waste disposal activities. The project mitigates climate change impacts by improving water quality through reduction of pollutants that might increase toxic algal growth, for example, which is exacerbated by potential increases in ambient and streamflow temperature as a result of climate change.

ADAPTABILITY/TRANSFERABILITY:

On pollution prevention devices: The project draws upon best practice and device selection recommended by EPA for water quality pollution prevention as carried out in other jurisdictions throughout the United States since the 1970s. This best management practice is cost effective and its efficacy well documented. This project takes place within the City limits. However, through our partnership with Santa Cruz County, it is intended to be replicated and expanded beyond the city limits further into the watershed owned and maintained by the County. On outreach to populations experiencing homelessness: Not many cities are doing direct outreach yet particularly in sensitive watershed areas. Thus, the design and implementation of this outreach will prove useful to other jurisdictions. The City Homelessness Response Team will participate in monthly peer to peer calls with other California jurisdictions and use those meetings as an opportunity to learn and share/disseminate information learned through the project.

ENVIRONMENTAL JUSTICE (EJ) AND HUMAN RIGHT TO WATER:

With the focus on homeless populations in its outreach, the City integrated environmental justice considerations directly into the project. Its aim is to both to reduce pollution to the river and riparian corridor through education and direct prevention actions but also bolster the preparedness, safety, and resilience of homeless people to increased storm intensity and frequency. Through complementary ongoing efforts through the City’s Climate Action Program, the City has engaged with neighborhoods adjacent to the river whose residents are lowest in income and have a high concentration of Spanish speakers, and when combined with other metrics, ranks as the most socially vulnerable to climate change accordingly to the City’s social vulnerability to climate change analysis (2017). These adjacent neighborhoods together have a CDC SVI score of 0.5738 (2020). Specifically Census Tract 1010 has a Centers for Disease Control and Prevention SVI score of 0.7706 and is also classified by 2015-2019 American Community Survey data as a ‘high poverty area’, which is the highest classification of poverty status available On the Distressed Communities Index (DCI), the community reports a DCI score of 44.4, and a poverty rate of 20.2%, which is substantially above the national average of 12.8%.

17.17 This engagement has documented river pollution as a chief environmental concern among these neighborhoods and a desire to engage and educate fellow residents on watershed pollution prevention as evidenced by recent projects, e.g., the Beach Flats storm drain mural project led by proposed project supporter Coastal Watershed Council. The City will be continuing engagement with these neighborhoods through its ongoing coastal resilience work and will integrate the proposed project into that outreach through informative small group meetings, inclusion on neighborhood resilience fact sheets and distribution networks and site visits for residents to view firsthand devices installed to learn more about how they function.

PROJECT SCHEDULE:

Pre GrantAward
Activity
Project selection and Executive Director Approval April 2023 Pre GrantAward
Activities
Award announced to applicants May 2023
Pre GrantAward
Activities
State Water Board receives CWA 319 grant from U.S. EPA target July 2023
Pre GrantAward
Activities
Scope of Work development with Regional Water Board Grant Managers and applicants
July 2023
through
December
2023
Pre GrantAward
Activities
Grant agreement development and execution with Division of Financial Assistance
October 2023
– June 2023
Task 1 Project Management (E Dhakni & A Babatola) / Project reporting (3rd party)
Jan 2024 - Jan
2027
Task 2 Locating/confirming optimal impact locations for minimizing nutrient and anthropogenic bacteria into SLR via Tributary at Branciforte Creek/ Locating/confirming optimal impact locations for minimizing nutrient and anthropogenic bacteria into SLR within city limits
January 2024 -
April 2024
Task 3 Contracting for installation of continuous deflective separation (CDS) type devices for detaining nutrient bearing loads; solids and additional bacteria into SLR within city limits
May 2024 -
Oct 2024
Task 4 Commissioning contract for implementing CDS units Nov 2024 - May 2025
Task 5 Purchases and installation of CDS units; Contract Close Out and Final Payment
June 2025 -
Sept 2026

17.18 Task 6 Monitoring; monthly water sampling, monthly unit maintenance and inspection; annual water quality reporting
Sept 2026 -
Jan 2027
Task 7 Coordination with County Jan 2024 - Jan
2027
Task 8 Conduct direct 1-on-1 outreach with persons experiencing homelessness living along San Lorenzo River and its tributaries and provide education on accessing hygiene and sanitation facilities.

Jan 2024 - Jan
2027
Task 9 Conduct direct 1-on-1 outreach with persons experiencing homelessness living along San Lorenzo River and its tributaries and provide linkage to community resources and housing
navigation supports.

Jan 2024 - Jan
2027

17.19 Attachment C: Watershed Plan Verification Table for Nonpoint Source Grant Program (Clean Water Act, Section 319(h)) NOTE: THIS TEMPLATE IS DESGINED TO BE PRINTED ON LEGAL SIZE PAPER Proposal Pin #:

Region Water Board:

Project Title/Description:

Applicant Name:

Total Maximum Daily Load:

Watershed:

Doc. #
List Name of
Watershed
Plans or Other
Documentation
Provide Web
Address to
Plan or
Documentation
A.

Chptr
A.

Pg
B.

Chptr
B.

Pg
C.

Chptr
C.

Pg
D.

Chptr
D.

Pg
E.

Chptr
E.

Pg
F.

Chptr
F.

Pg
G.

Chptr
G.

Pg
H.

Chptr
H.

Pg
I.

Chptr
I.

Pg
1 2
3 4
5 6
7 8

1. Basin Plan Amendment Pathogen TMDL EPA Letter 2011 https://www.waterboards.ca.gov/centralcoast/water_issues/programs/tmdl/docs/san_lorenzo/pathogens /slr_path_tmdl_epa_approve_ltr.pdf

2. 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 https://www.waterboards.ca.gov/centralcoast/water_issues/programs/tmdl/docs/san_lorenzo/pathogens/1slr_path_tmdl_att2_projrep.pdf

3. San Lorenzo River Total Maximum Daily Load for Sediment. CA Regional Water Quality Control Board. 2002. https://www.waterboards.ca.gov/centralcoast/water_issues/programs /tmdl/docs/san_lorenzo/sediment/slr_sed_tmdl_proj_rpt.pdf

4. San Lorenzo Watershed https://www.cityofsantacruz.com/government/city-departments/water/watershed/san-lorenzo-watershed

5. Homeless Action Plan, City of Santa Cruz

6. TMDL for Pathogens in San Lorenzo River Watershed May 8, 2009

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

8. United States Environmental Protection Agency, Ambient Water Quality Criteria for Bacteria-1986, January 1986

9. Monitoring of Waterborne Indicator Bacteria, Sediments and Nutrients within Surface Waters San Lorenzo River, Branciforte Creek, and Carbonera Creek. City of Santa Cruz. 2022.
50646
see below
see below
see below
see below
see below
see below
see below
see below
3 City of Santa Cruz's San Lorenzo River Watershed Improvement Project City of Santa Cruz
San Lorenzo River
Pathogens Fecal Coliform, Nitrate, TSS

17.20 KEY Description of Nine Required Watershed Elements A Identification of the causes or sources of nonpoint source pollution impairment, water quality problem, or threat to water quality; B An estimate of the load reductions expected for the management measures described under paragraph (c) below.

C A description of the nonpoint source management measures that will need to be implemented to achieve the load reductions estimated under paragraph (b) above and an identification (using a map or a description) of the critical areas in which those measures will be needed to implement this plan.

D An estimate of the amounts of technical and financial assistance needed associated costs, and/or the sources and authorities that will be relied upon, to implement this plan.

E An information/education component that will be used to enhance public understanding of the project and encourage their early and continued participation in selecting, designing, and implementing the nonpoint source management measures that will be implemented.

F A schedule for implementing the nonpoint source management measures identified in this plan that is reasonably expeditious.

G A description of interim, measurable milestones for determining whether nonpoint source management measures or other control actions are being implemented.

H A set of criteria that can be used to determine whether loading reductions are being achieved over time and substantial progress is being made toward attaining water quality standards and, if not, the criteria for determining whether this watershed-based plan needs to be revised or, if a nonpoint source TMDL has been established, whether the nonpoint source TMDL needs to be revised.

I A monitoring component to evaluate the effectiveness of the implementation efforts over time, measured against the criteria established under item (h) immediately above.

17.21 Project: City of Santa Cruz's San Lorenzo River Watershed Water Quality Improvement Project

1. Personnel Services $413,333.33 $0.00 $80,000.00 $333,333.33 $413,333.33 8.00% Homelessness Outreach Specialists @ 30% time / yr $100.00 800 $80,000.00 $0.00 $80,000.00 $80,000.00 8.00% Project Director - Water Quality @ 15% time / yr $125.00 1067 $133,333.33 $0.00 $133,333.33 $133,333.33 0.00% Project Manager - Stormwater @ 30% time /yr $100.00 2000 $200,000.00 $0.00 $200,000.00 $200,000.00 0.00%

2. Professional/Consulting Services $120,000.00 $0.00 $120,000.00 $0.00 $120,000.00 12.00% Engineering Planning & Design $250.00 400 $100,000.00 $0.00 $100,000.00 $100,000.00 10.00% Consultant RFP Development $200.00 100 $20,000.00 $0.00 $20,000.00 $20,000.00 2.00%

3. Construction $400,000.00 $0.00 $400,000.00 $0.00 $400,000.00 40.00% CDS Installation 4 units installed at
4 sites $2,500.00 160 $400,000.00 $0.00 $400,000.00 $400,000.00 40.00%

4. Equipment Over $5,000 (if
applicable) $0.00 $400,000.00 $400,000.00 $0.00 $400,000.00 40.00% Stormwater Treatment Device Stormwater CDS
Unit $0.00 $100,000.00 4 $400,000.00 $400,000.00 $400,000.00 40.00% $0.00 $0.00 $0.00 0.00%
$0.00 $0.00 $0.00 0.00%
Grand Totals = $933,333 $400,000 $1,000,000 $333,333 $1,333,333 100.00% 319(h) & Timber Program - BUDGET DETAIL
Applicant: City of Santa Cruz FAAST PIN: 50646
Budget Category/Tasks Discipline/
Description
Labor Costs (Grant & Match Funds) Materials/Equipment Costs (Grant Total Material
/ Equipment
Cost
Line Item
Grant Dollar
Amount
Line Item
Match Dollar
Amount
Line Item
Total Amount
(Grant + Match)
% of Grant
Rate # of Hours Total Labor Cost Unit Cost # of
Units

17.22 NPS Grant Program
Attachment F: Match Commitment Form