Agenda packet — Santa Cruz City Council, February 14, 2023 (part 2 of 2)

January 27, 2023

CITY OF SANTA CRUZ (CITY)

SCOPE OF WORK

WATER QUALITY AND CORROSION STUDY

SUMMARY
The scope of work includes providing engineering services for the water quality assessment and corrosion study related to the City of Santa Cruz’s 6-inch cast iron main pipe located along Soquel Drive. The 6-inch cast iron main in question is part of a dead end stretch of the distribution system and recently experienced a water quality upset. The scope of work is prepared by Black & Veatch Corporation (BV, also referred to as “Consultant” in this Scope of Work).

The objective of this study includes:
1) determine the cause of the water quality issues
2) identify the solution and
3) implement the solution so that this issue does not arise with future ASR projects.

TASK 1: PROJECT MANAGEMENT
Consultant will perform project management and administration duties including project administration, scope, schedule, and budget tracking, monthly invoicing, meetings and coordination with the City.

The following virtual meetings are included:
- Kickoff meeting
- Monthly virtual progress meetings
Deliverable – Monthly invoicing with a progress summary via email. Action items and decisions by email.

Exhibit A

22.17 City of Santa Cruz January 27, 2023
Water Quality and Corrosion Study SCOPE OF WORK

Page 2 ends

TASK 2: BACKGROUND REVIEW
BV will prepare a water quality sampling and customer complaints data request to try and quantify the cause of discolored water, loss of chlorine residual, loss of orthophosphate and taste and odor complaints. Water quality data, compliance data, operating conditions and chemical dosages, distribution system sampling locations, and other data related to distribution system water quality upset will be requested. It is assumed that all water quality and sampling data will be provided in Microsoft Excel format. Consultant will review and analyze the data and have a discussion with the City regarding any follow-up questions or data requests.

Deliverable – Data request provided electronically. Information will be used in Task 3 development.

TASK 3: DRAFT WORK PLAN
Water Quality Sampling and Pipe Scale Testing Plan
The Black & Veatch team will develop an overall testing plan that develops the logistics and requirements for pipe harvesting including when the pipe can be taken out of service, testing goals and objectives, analytes to test for and sample frequency, locations for testing, and roles and responsibilities of all parties. Hydraulic modeling will be used to ensure that sampling locations are selected based on water age and flow direction when the Beltz Well 12 is in service and when it is not in service.

Deliverables: Pipe Harvesting Protocol submitted electronically. Draft and Final Work Plan, and an agenda and meeting minutes from a virtual meeting with the City.

TASK 4: WORK PLAN IMPLEMENTATION
Pipe Harvesting and Scale Analysis
The City will harvest three (3) two-foot sections of the 6-inch cast iron main pipe for pipe scale analysis. The City will take a swab from the pipe scale in each of the three (3) harvested pipes and send to a laboratory for biological analysis. It is assumed that the City is responsible for analytical testing of the swabs. Black & Veatch team will perform pipe scale analysis on the harvested pipe.

Pipe scale characterization will use the following approach:
· Visual photographs and examination for evidence of tuberculation, erosion corrosion, concentration cell corrosion, or flux corrosion.
· Inspection by scanning electron microscopy using energy dispersive x-ray spectrometry (SEM-EDS).

22.18 City of Santa Cruz January 27, 2023
Water Quality and Corrosion Study SCOPE OF WORK

Page 3 ends

· Quantification of elemental components with inductively coupled plasma mass spectrometry (ICP- MS).

Water Quality Sampling and Analysis
Black & Veatch will develop and submit a water quality sampling plan to the City. It is assumed that the City is responsible for sampling and analytical testing. Black & Veatch team will analyze and summarize the results for the City. A comparison between the results of pipe scale analysis and water quality monitoring will be used to reach data-driven conclusions shared in Task 5.

Deliverable – Pipe Scale Analysis results and WQ sampling results will be used in the evaluation described in Task 5.

TASK 5: TECHNICAL MEMORANDUM
The conclusions and recommendations for solving the Beltz Well 12 water quality issues will be summarized in a Technical Memorandum (TM). A presentation of the Study’s findings will ensure that the City understands the conclusions and recommendations and allows for discussion related to the path forward. The evaluation and recommendations will also consider the City’s current and planned ASR operation as well as the water treatment plant treatment process changes that will be implemented in the near future.

Deliverables: Draft and Final TM, and an agenda and meeting minutes from a virtual meeting with the City.

TASK 6: REGULATORY SUPPORT
Black and Veatch will provide technical support to City as required to conduct discussions with the EPA and DDW. Black & Veatch will attend conference calls and develop presentation material to present the findings and recommendations from the evaluation and get approval prior to full scale changes.

Deliverables: Two virtual meetings, agenda, meeting minutes and supporting presentation slides End of Scope Document

22.19 City of Santa Cruz Professional Services Agreement for Engineering Services for Water Quality and Corrosion Study
February 2023 Page 15
EXHIBIT B: FEE SCHEDULE

22.20 BLACK VEATCH CORPORATION HOURS AND FEE ESTIMATE
Owner:

Project:

EXPENSES SUBCONTRACTS
PHASE/Task
Sr. Project
Manager
Process
Director/QC
Process Sr.

Engineer
Process
Engineer
Water Res
Director/QC
Water Res Sr.

Engineer
Finance SUBTOTAL,
Hours

SUBTOTAL,
Billings $
Hourly
Expense By
Rate

SUBTOTAL,

EXPENSES
Virginia Tech SUBTOTAL,

SUBCONTRACTS
TOTAL Billings
(Billing Rate, $$,Hr.)
$362.00 $374.00 $209.00 $165.00 $320.00 $252.00 $118.00 $ 9.00

WORK BREAKDOWN STRUCTURE PHASE
Task 1 - Prject Management 1000 - - - - - - - - $ - -$ $ - $ - $ - Project Administration 1100 20 - - - - - 28 48 $ 10,544 $ 432 $ 432 $ - $ 10,976 Meetings 1110 - - - - - - - - $ - -$ $ - $ - $ -
Kickoff Meeting (Virtual) 1120 2 - 2 2 - - - 6 $ 1,472 $ 54 $ 54 $ - $ 1,526 Project Progress Calls (Virtual) 1130 4 - 4 4 - - - 12 $ 2,944 $ 108 $ 108 $ - $ 3,052 - - - - - - - - $ - -$ $ - $ - $ -
Task 2 - Background Review 1200 - - - - - - - - $ - -$ $ - $ - $ - Data Request Compliation 1210 - - 4 4 - - - 8 $ 1,496 $ 72 $ 72 $ - $ 1,568 Data Sorting and Review 1220 - - 12 36 4 4 - 56 $ 10,736 $ 504 $ 504 $ - $ 11,240 Discussion with City 1230 1 - 4 2 - - - 7 $ 1,528 $ 63 $ 63 $ - $ 1,591 1320 - - - - - - - - $ - -$ $ - $ - $ -
Task 3 - Draft Workplan 1330 - - - - - - - - $ - -$ $ - $ - $ - Develop Work Plan 1340 2 2 20 40 - - - 64 $ 12,252 $ 576 $ 576 $ - $ 12,828 Perform Pipe Scale Analysis 1350 - - 16 - - - - 16 $ 3,344 $ 144 $ 144 $ 11,000 $ 11,550 $ 15,038 Discussion with City 1800 1 - 2 2 - - - 5 $ 1,110 $ 45 $ 45 $ - $ 1,155 Finalize Work Plan 2000 1 2 8 20 - - - 31 $ 6,082 $ 279 $ 279 $ - $ 6,361 1430 - - - - - - - - $ - -$ $ - $ - $ -
Task 4 - Workplan Implementation 2700 - - - - - - - - $ - -$ $ - $ - $ - Support City in Implementation 2 - 16 16 - - - 34 $ 6,708 $ 306 $ 306 $ - $ 7,014 Review sampling results conducted by City 1500 - - 8 24 - - - 32 $ 5,632 $ 288 $ 288 $ - $ 5,920 1510 - - - - - - - - $ - -$ $ - $ - $ -
Task 5 - Technical Memorandum - - - - - - - - $ - -$ $ - $ - $ - Draft Technical Memo Development 1600 4 8 20 40 4 4 - 80 $ 17,508 $ 720 $ 720 $ - $ 18,228 City Review and Discussion 3700 2 - 8 4 - - - 14 $ 3,056 $ 126 $ 126 $ - $ 3,182 Final Technical Memo 3800 4 2 8 16 - - - 30 $ 6,508 $ 270 $ 270 $ - $ 6,778 1730 - - - - - - - - $ - -$ $ - $ - $ -
Task 6 - Regulatory Support 1740 - - - - - - - - $ - -$ $ - $ - $ - Support DDW Interface 1750 4 - 4 2 - - - 10 $ 2,614 $ 90 $ 90 $ - $ 2,704 4700 - - - - - - - - $ - -$ $ - $ - $ -
Total, Hours 47 14 136 212 8 8 28 453
Total, Billings FALSE $ 17,014 $ 5,236 $ 28,424 $ 34,980 $ 2,560 $ 2,016 $ 3,304 $ 93,534 $ 4,077 $ 4,077 $ 11,550 $ 11,550 $ 109,161 City of Santa Cruz
WQ and Corrosion Study
1/27/2023 Page 1 of 1
Exhibit B

22.21 City of Santa Cruz Professional Services Agreement for Engineering Services for Water Quality and Corrosion Study
February 2023 Page 16
EXHIBIT C: WORK SCHEDULE

22.22 ID Task
Mode
Task Name Duration Start Finish
1 NTP 0 days Fri 2/10/23 Fri 2/10/23
2 Task 1 - Project Management 93 days Fri 2/10/23 Tue 6/20/23 3 Project Administration 93 days Fri 2/10/23 Tue 6/20/23 4 Meetings 72 days Fri 2/17/23 Mon 5/29/23
5 Kickoff Meeting (Virtual) 1 day Fri 2/17/23 Fri 2/17/23 6 Progress Meetings (Virtual) 65 days Tue 2/28/23 Mon 5/29/23 7 Progress Meetings (Virtual) 1 1 day Tue 2/28/23 Tue 2/28/23 8 Progress Meetings (Virtual) 2 1 day Tue 3/28/23 Tue 3/28/23 9 Progress Meetings (Virtual) 3 1 day Fri 4/28/23 Fri 4/28/23 10 Progress Meetings (Virtual) 4 1 day Mon 5/29/23 Mon 5/29/23 11 Task 2 - Background Review 17 days Fri 2/17/23 Mon 3/13/23 12 Data Request Compliation 1 day Fri 2/17/23 Fri 2/17/23 13 Data Compilation by City 1 wk Mon 2/20/23 Fri 2/24/23 14 Data Sorting and Review 2 wks Mon 2/27/23 Fri 3/10/23 15 Discussion with City 1 day Mon 3/13/23 Mon 3/13/23
16 Task 3 - Draft Workplan 37 days Mon 2/20/23 Tue 4/11/23 17 Develop Work Plan 3 wks Tue 3/14/23 Mon 4/3/23
18 City to harvest cast iron pipe 2 wks Mon 2/20/23 Fri 3/3/23 19 Discussion with City 1 day Tue 4/4/23 Tue 4/4/23
20 Finalize Work Plan 1 wk Wed 4/5/23 Tue 4/11/23
21 Task 4 - Workplan Implementation 61 days Mon 3/6/23 Mon 5/29/23 22 Perform Pipe Scale Analysis 4 wks Mon 3/6/23 Fri 3/31/23 23 BV Review Results 1 wk Mon 4/3/23 Fri 4/7/23
24 Support City in Implementation 5 wks Wed 4/12/23 Tue 5/16/23 25 Review sampling results conducted by City 9 days Wed 5/17/23 Mon 5/29/23 26 Task 5 - Technical Memorandum 16 days Tue 5/30/23 Tue 6/20/23 27 Draft Technical Memo Development 2 wks Tue 5/30/23 Mon 6/12/23 28 City Review and Discussion 1 day Tue 6/13/23 Tue 6/13/23 29 Final Technical Memo 1 wk Wed 6/14/23 Tue 6/20/23
30 Task 6 - Regulatory Suport 93 days Fri 2/10/23 Tue 6/20/23 2/10
1/15 1/22 1/29 2/5 2/12 2/19 2/26 3/5 3/12 3/19 3/26 4/2 4/9 4/16 4/23 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25 February March April May June July
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress
City of Santa Cruz Water Quality and Corrosion Study

Page 1 ends

Project: Project Schedule Rev 1
Date: Fri 1/27/23
Exhibit C

22.23 City of Santa Cruz Professional Services Agreement for Engineering Services for Water Quality and Corrosion Study
February 2023 Page 17
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
• PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work.

22.24 City of Santa Cruz Professional Services Agreement for Engineering Services for Water Quality and Corrosion Study
February 2023 Page 18
• AUTOMOBILE LIABILITY:

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

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability
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 policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary and noncontributory insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. • NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE

22.25 City of Santa Cruz Professional Services Agreement for Engineering Services for Water Quality and Corrosion Study
February 2023 Page 19
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL and any Excess Liability/Umbrella policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

22.26 Qualifications Scoring
Vendor Name
Black & Veatch 15.0 15.0 30.0 25.0 85.0
Corona Environmental 10.0 15.0 25.0 20.0 70.0
Trussell Technologies 10.0 10.0 20.0 20.0 60.0
Criteria 3:

Experience with
and availability
of locating
technology/equip
ment
(30 pts)
Criteria 4:

References
(30 pts) Qualifications
Score
(90 pts total)
The City of Santa Cruz has concluded the evaluation of the responses to the Request For Qualifications (“RFQ”) for Soquel Drive Water Quality and Corrosion Study. The responses were reviewed, evaluated, and scored according to the criteria listed in the RFQ. The Santa Cruz City Council will award the contract to Black & Veatch based on the following results:

Award Notice Request For Qualifications for Soquel
Drive Water Quality and Corrosion Study
Criteria 1:

Length and
range of
experience
(15 pts)
Criteria 2:

Qualifications
and availability
of key personnel
(15 pts)

22.27 City Council

AGENDA REPORT
DATE: 02/01/2023
AGENDA OF: 02/14/2023
DEPARTMENT: Water
SUBJECT: Groundwater Modeling – Award of Professional Services Agreement to Errol L. Montgomery & Associates, Inc. (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute a contract agreement in a form to be approved by the City Attorney with Errol L. Montgomery & Associates, Inc. (Oakland, CA) for Engineering Services for Groundwater Modeling and to authorize the Water Director to execute future contract amendments within the approved budget.

BACKGROUND: The City of Santa Cruz is a member agency of the Santa Cruz Mid-County Groundwater Agency (MGA), which is responsible for the development and now implementation of the approved Groundwater Sustainability Plan (GSP) for the Santa Cruz MidCounty Groundwater Basin (MGB). The GSP includes a variety of projects and management actions (PMAs) that are designed to achieve sustainability for the groundwater basin by 2040 as required under California’s Sustainable Groundwater Management Act. The City relies on the MGB for up to 5% of its annual water supply with increasing reliance on groundwater with implementation of aquifer storage and recovery strategy for water supply reliability.

In February 2022, the MGA was awarded $7.6 million in grant funding to support GSP implementation, including the PMAs, through the California Department of Water Resources (DWR) Sustainable Groundwater Management Grant Program. In September 2022, the City Council authorized the execution of a Local Project Sponsor (LPS) Agreement with the MGA (Grantee) for the grant. There are five discrete components identified in the DWR grant agreement as shown below. Components 4 and 5 both have two agencies acting as an LPS with each agency serving as the lead on distinct Tasks to be conducted as part of overall Component.

Component Title - Local Project Sponsor(s)

1. Cunnison Lane Groundwater Well - Soquel Creek Water District

2. Aquifer Storage and Recovery (ASR), Beltz Well Field - City of Santa Cruz

3. Park Avenue Transmission Main Improvements - Soquel Creek Water District

4. Development of GSP Project and Management Actions - City of Santa Cruz & Soquel Creek Water District

5. Sustainable Groundwater Mgmt. Evaluation and Planning - County of Santa Cruz & MGA The objective of Component 4 is to conduct a regional water resources optimization study for the MGB for programs and activities that have been identified in the GSP. Component 4 will help inform the regional water agencies on longer-term projects and operations, such as the relocation

23.1 of coastal wells, increased aquifer recharge to improve groundwater supplies, and groundwater and hydraulic modeling needed for informed sustainable groundwater management and regional water supply needs. The City is leading Component 4 Task 2, Groundwater Modeling, which is the subject of this staff report.

DISCUSSION: The Water Department has been engaged for many years on water supply planning and groundwater management efforts and has worked on the groundwater modeling with Errol L. Montgomery & Associates, Inc. (aka Montgomery & Associates or M&A) and formerly HydroMetrics Water Resources Inc. (acquired by M&A in 2018) since the late mid2000s. In addition, M&A has been the sole groundwater modeling consultant for the MGB since 2016. Following a competitive selection process in 2020, M&A was selected by the MGA to continue serving as the groundwater modeling consultant. Over this time, M&A has developed a unique understanding of the model code and local datasets.

Based on this, M&A is deemed specially trained, experienced, and competent to perform these unique professional services. In addition, time is of the essence to commence this work.

Component 4 includes multiple tasks to be conducted sequentially. The modeling to be performed by M&A is informing other Component 4 tasks which are commencing per the grant schedule. To stay on schedule within term of the grant, the modeling to be conducted by M&A needs to proceed immediately. 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 service. The Purchasing Manager concurs that awarding a non-bid contract to M&A meets the intent of the City’s written policy to award contracts per the sole source process in SCMC 3.08.150.

Staff from both the City and District have participated in the development of the scope, schedule and budget with M&A that meets the needs of both agencies, the MGA and the grant.

As discussed above, this work is grant funded through the California DWR Sustainable Groundwater Management Grant Program. The MGA, as Grantee, will receive and administer the distribution of grant funds to each LPS pursuant to the grant agreement with DWR and in accordance with the LPS Agreement. The LPS Agreement was approved by the City Council at its November 22, 2022 Meeting. While the grant does not require any local agency cost share or matching funds, any additional funds required to complete the various components would be the responsibility of the LPS as appropriate.

M&A has committed to provide the services for a not-to-exceed amount of $467,000. Funding of this effort is included in the Fiscal Year (FY) 2022-23 Budget. As discussed, this is a zero-match grant, and the MGA will distribute grant funds to the City in accordance with the LPS agreement.

The SOW is organized as follows and included as attachment.

Task 1: Validate Model Efficacy
Task 2: Re-calibrate model (as-needed task)
Task 3: Initial Groundwater Simulations
Task 4: Develop Alternate Climate Scenario
Task 5: Reporting
Task 6: Coordination and Meetings
Task ML: Optional Machine Learning Development, Use and Documentation

23.2 FISCAL IMPACT: The estimate for this work is $467,000. Funds are available in the Water Department’s Capital Investment Program budget within project c701705, Water Supply Augmentation; however this work is 100% reimbursable.

Prepared By:

Heidi Luckenbach
Deputy Water
Director/Engineering Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SINGLE SOURCE JUSTIFICATION.PDF

2. CONTRACT AGREEMENT.PDF

23.3 M E M O R A N D U M
DATE: January 30, 2023
TO: Elizabeth Millwee, Purchasing Manager
FROM: Malissa Kaping, Principal Management Analyst, Water Department SUBJECT: Single Source Justification for Contracting with Errol L. Montgomery & Associates, Inc. for Engineering Services for Groundwater Modeling The purpose of this memorandum is to request Purchasing Manager authorization to execute a single source contract with Errol L. Montgomery & Associates, Inc (M&A) in the amount of $467,000. The Water Department is seeking to contract with M&A for engineering services for groundwater modeling needed to develop project and management action plans for the regional Santa Cruz Mid-County Groundwater Agency (MGA) Groundwater Sustainability Plan (GSP).

This work is funded by a regional grant awarded to the MGA by the California Department of Water Resources (DWR). The grant is funding 4 components of work that will be implemented with each MGA member leading an effort:

Component Title Local Project Sponsor(s)

1. Cunnison Lane Groundwater Well Soquel Creek Water District

2. Aquifer Storage and Recovery (ASR), Beltz Well Field City of Santa Cruz

3. Park Avenue Transmission Main Improvements Soquel Creek Water District

4. Development of GSP Project and Management Actions City of Santa Cruz & Soquel Creek WD

5. Sustainable Groundwater Mgmt. Evaluation and Planning County of Santa Cruz & MGA The City is leading Component 4 Task 2, Groundwater Modeling, which is the subject of this contract. The Grant Agreement allows for no-bid contracts when the grantee follows its written policy to award such contracts. Santa Cruz Municipal Code 3.08.150 for Sole Source Procurement states,
“A contract may be awarded without competition when the purchasing manager or its designee determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The purchasing manager or its designee shall conduct negotiations, as appropriate, as to price, delivery, and terms.”
The Santa Cruz Water Department recommends that M&A be deemed the only source for this work and to accept the pricing and terms as reasonable based on the following:

23.4 First, M&A is specially trained, experienced, and competent to perform these unique professional services. M&A has been the sole groundwater modeling consultant for the MGA since 2016 and following a competitive selection process in 2020, M&A was selected by the MGA to continue serving as the groundwater modeling consultant. The City also has been engaged for many years on water supply planning and groundwater management efforts and has worked on the groundwater modeling with Errol L. Montgomery & Associates, Inc. (aka Montgomery & Associates or M&A) and formerly HydroMetrics Water Resources Inc. (acquired by M&A in 2018) since the late mid-2000s. Over this time, M&A has developed a unique understanding of the groundwater model code and local datasets.

Second, the fee schedule offered by M&A is reasonable based on the recent formal competitive process conducted by the MGA and the work previously completed for the Water Department.

The original cost estimate for this work was $900,000 and the DWR approved this estimate in the grant budget for Component 4 Task 2, Groundwater Modeling.

23.5 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 1

PROFESSIONAL SERVICES AGREEMENT FOR

GROUNDWATER MODELING FOR SANTA CRUZ MID-COUNTY REGIONAL OPTIMIZATION STUDY
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Errol L. Montgomery & Associates, Inc., (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 2023 (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with Rosemary Menard, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

23.6 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $467,000 INCLUDING OPTIONAL TASKS without advance written City authorization in the form of an amendment or change order.

Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees.

SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION

23.7 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 3
Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.

The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.

SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The Consultant may terminate the Agreement for cause by providing written notice to the City not less than 30 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within the specified time period to the City’s satisfaction.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. No other compensation will be payable for anticipated profit on unperformed services.

23.8 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 4
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss injury, damage, judgment, or expense, including reasonable attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 13: AMENDMENTS

23.9 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 5
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance, or City shall have the right to terminate this Agreement. Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement.

Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

23.10 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 6

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.

9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.

If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between

23.11 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 7
Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information. b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

23.12 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 8

13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.

14. Business License Tax. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.

15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;

23.13 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 9
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy that there may be an equitable adjustment of the schedule based on City’s sole discretion.

23.14 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 10

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

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

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

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

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

25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service, Notices shall be addressed to recipient as follows:

To CITY:

City of Santa Cruz Water Department
Rosemary Menard, Director
212 Locust St Ste A
Santa Cruz CA 95060
[email protected]
To CONSULTANT:

Errol L. Montgomery & Associates, Inc.

Cameron Tana, P.E.1970 Broadway
Oakland, CA 94612
[email protected]/510-903-0458
A Party must provide written notice to the other of any change to the above information before the change is effective.

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

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

29. State and Federal Requirements

23.15 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 11
When funding for the services is provided, in whole or in part, by an agency of the state and/or federal government, Consultant shall also fully and adequately comply with the provisions in Exhibit D (State and Federal Requirements) attached hereto and incorporated herein by reference (“State and Federal

23.16 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 12
[SIGNATURES ON FOLLOWING PAGE]

23.17 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 13
NOTE: *NEED 2 SIGNATURES FROM CORPORATE OFFICERS: 1) PRES/VP; AND 2) SECRETARY/CFO/ TREASURER

1. Check if corporate entity is in good standing on CA Secretary of State website:
https://www.secstates.com/CA_California_Secretary_of_State_Corporation_Search#:~:text=Corporation%20%26%20Busine ss%20Entity%20Search,where%20that%20corporation%20is%20registered.

2. Corporation - Signature of two (2) officers required: 1) Pres/VP; and 2)Secretary/CFO/Treasurer (unless 1 person holds two officer positions in both categories (1) and (2)

3. General Partnership, Limited Partnership, Limited Liability Partnership, Limited Liability Corp:

See, City’s Signature Requirements for corporate entities. .

Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: _________________ Matt Huffaker
City Manager

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ Technical Review By:

By: _____________________________ Date: __________________ Heidi Luckenbach, Deputy Water Director/ Engineering Manager

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

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

23.18 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 14
EXHIBIT A: SCOPE OF WORK

23.19 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 15
EXHIBIT B: FEE SCHEDULE

23.20 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 16
EXHIBIT C: WORK SCHEDULE

23.21 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 17
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

23.22 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 18
• AUTOMOBILE LIABILITY:

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability
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 policy 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.

23.23 City of Santa Cruz Professional Services Agreement for Groundwater Modeling for Santa Cruz Mid-County Regional Optimization Study February 2023 Page 19
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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.

23.24 City Council

AGENDA REPORT
DATE: 02/02/2023
AGENDA OF: 02/14/2023
DEPARTMENT: City Council
SUBJECT: 2nd Reading and Final Adoption of Ordinance No. 2023-02 Amending Section 2.40.011 of the Santa Cruz Municipal Code Related to the Process of Appointments to City Commissions (CN)
RECOMMENDATION: Adopt Ordinance No. 2023-02 amending Section 2.40.011 of the Santa Cruz Municipal Code and transitioning the appointments to specific advisory bodies from at-large to directly nominated by each Council District and the Mayor.

DISCUSSION: The attached chart reflects the order taken for nominations on January 24, 2023, and rotation order for years 2024, 2025, and 2026. By January 2026, all Council Districts and the Mayor will have directly-nominated commissioners for the specified advisory bodies.

ATTACHMENTS:

1. ORDINANCE.DOCX

2. TABLE.PDF

3. PROOF OF PUBLICATION AND AFFIDAVIT OF POSTING 2022-02.PDF

24.1 ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 2.40.011 OF

THE SANTA CRUZ MUNICIPAL CODE TO THE SANTA CRUZ MUNICIPAL CODE

PERTAINING TO THE MANNER OF APPOINTMENT OF BOARD MEMBERS AND

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

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

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

Any remaining seat or seats shall be appointed by motion of the City Council for one-year terms.

24.2 ORDINANCE NO. 2023-02
2 (4) In January 2025, the seats on commissions with members whose terms are expiring as well as any seats with members appointed for a one-year term will be assigned to districts on a rotating basis.
(5) Members of commissions whose terms do not expire until January 2026 shall be randomly assigned to the remaining districts on a rotating basis for nomination for three-year terms expiring in January 2029.
(6) If a seat occupied by a board or commission member originally appointed by motion becomes vacant, their replacement shall be filled by nomination of the councilmember(s) elected by district if they do not have a seat assigned to them, for a term expiring with the nominating councilmember’s term. If all councilmembers elected by district have a seat assigned to them, then the vacancy shall be filled by motion for a term ending January 31st of the next odd-numbered year following the effective date of the vacancy. (c) The term of office of each board or commission member shall be four years, expiring on January 31st; provided, however, that if a replacement has not been appointed and qualified as of the January 31st expiration date, the board or commission member shall continue to serve until a successor has been appointed and qualified. If as a result of this chapter there are additional members added to any board or commission, or if the City Council shall hereafter establish a new board or commission, the City Council shall set the term of office at the time of appointment to the new office;
(d) If additional members must be appointed to fill the complement of a board or commission, such appointments shall be made at the earliest reasonable date; (e) Each member of the board or commission shall be subject to removal by motion of the City Council adopted by at least four affirmative votes;
(f) In considering their nominations and appointments to boards and commissions, councilmembers are strongly encouraged to support diversity, equity and inclusion of a broad range of community interests and experiences among appointees in accordance with the City’s adopted Health in All Policies (HiAP) ordinance and adopted workplan, including diversity in geography (council district), age, income and education level, residence status (owner, renter or unhoused), race, ethnicity, gender, and gender identity. (g) Upon the establishment of any new board or commission comprised of seven members, the mayor and each councilmember shall nominate one person to serve as one of the initial members. The terms of office for members of any new board or commission shall be established by the City Council, so that the term of each member expires in January following the expiration of the term of the mayor or councilmember to nominated them.” Section 2. Effective Date. This ordinance shall be in full force and effect thirty (30) days from the date of its final adoption provided, however, that it shall apply retroactively to any appointments to Boards and Commissions after January 1, 2023.

24.3 ORDINANCE NO. 2023-02
3 PASSED FOR PUBLICATION this 24th day of January, 2023, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this XX day of XX, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-02 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

24.4 Arts Commission Order taken January
2023 January 2024 January 2025 January 2026
Commissioner term exp 2023 Mayor - 1st
Commissioner term exp 2023 District 4 - 2nd
Commissioner term exp 2023 District 6 - 3rd
Commissioner term exp 2024 At large, 1-year term District 1 - 1st Commissioner term exp 2025 at-large, 2 year term District 2 - 2nd Commissioner term exp 2025 District 3 - 3rd
Commissioner term exp 2026 District 5 – 3-year term
Downtown Commission Order taken January
2023 January 2024 January 2025 January 2026
Commissioner term exp 2023 District 6 - 1st
Commissioner term exp 2023 District 4 - 2nd
Commissioner term exp 2024 Mayor - 3-year term
Commissioner term exp 2024 At large 1 year term District 3 - 2nd Commissioner term exp 2025 District 2 - 1st
Commissioner term exp 2025 District 5 - 3rd
Commissioner term exp 2026 District 1 – 3-year term
Historic Preservation Commission Order taken January
2023 January 2024 January 2025 January 2026
Commissioner term exp 2023 District 4
Commissioner term exp 2024 District 6 - 1st, 3-year term Commissioner term exp 2024 Mayor - 2nd, 3-year term
Commissioner term exp 2025 District 3 - 1st
Commissioner term exp 2025 District 5 - 2nd
Commissioner term exp 2026 District 2 -1st, 3 year term Commissioner term exp 2026 District 4 -2nd, 3 year term Parks and Rec Commission Order taken January
2023 January 2024 January 2025 January 2026
Commissioner term exp 2023 District 4 - 1st
Commissioner term exp 2023 Mayor - 2nd
Commissioner term exp 2024 District 6, 3-year term
Commissioner term exp 2025 District 5 - 1st
Commissioner term exp 2025 District 1 - 2nd
Commissioner term exp 2026 District 3 - 1st
– 3 year term
Commissioner term exp 2026 District 2 - 2nd – 3 year term Planning Commission January 2023 January 2024 January 2025 January 2026 Commissioner term exp 2023 District 6 - 1st
Commissioner term exp 2023 Mayor 2nd
Commissioner term exp 2024 District 4 - 3-year term
Commissioner term exp 2024 At large 1 year term District 1 - 1st Commissioner term exp 2025 District 2 - 2nd
Commissioner term exp 2026 District 5 - 1st
– 3 year term
Commissioner term exp 2026 District 3 - 2nd 3 year term Transportation and Public Works January 2023 January 2024 January 2025 January 2026 Commissioner term exp 2023 Mayor
Commissioner term exp 2024 District 6 - 1st 3 year term Commissioner term exp 2024 District 4 - 2nd 3-year term Commissioner term exp 2024 At large 1 year term District 2 -1st Commissioner term exp 2024 At large 1 year term District 3 - 2nd Commissioner term exp 2025 District 5 - 3rd
Commissioner term exp 2025 District 1 - 4th
Water Commission January 2023 January 2024 January 2025 January 2026 Commissioner term exp 2025 District 3 - 1st
Commissioner term exp 2025 District 5 - 2nd
Commissioner term exp 2024 District 4 - 3-year term
Commissioner term exp 2024 At large - 1 year term District 1 - 3rd Commissioner term exp 2026 District 2 - 3 year term
Commissioner term exp 2023 District 6 - 1st
Commissioner term exp 2027 Mayor - 2nd
City of Santa Cruz Advisory Body Members

24.5 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

February 1, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 1st day of February, 2023, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

24.6 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 24th day of January, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2023-02 to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—3.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 24th day of January, 2023, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

24.7 1
Bonnie Bush
From: Garrett <[email protected]>
Sent: Thursday, February 9, 2023 8:35 PM
To: City Council
Subject: 2.14.23 Agenda Item #24 Commission Appointments

2.14.23 Agenda Item #24 Commission Appointments
Dear Council,
I would point out that this ordinance is very different than the one published before the last meeting, and many material changes were made after public comment, it was voted on and approved before showing the ordinance text to the public later, and the modified table was in fact never shown or read (as in a public hearing of it) to the public (despite the city attorneys good advice) .

Therefore, it should be brought back as a 1'st reading here.

Not that I care so much, but I think at least the public should be able to comment for the full 3 minutes as before as to these changes. If I don't get a chance to read this speech which I think is 3 minutes, for the record, here it is. "I don’t think the section f) phrase “strongly encouraged” has any place in ordinance statute law any more that the miss-prioritized leftist mantra directives of commissioner appointment make-believe suggested discriminations do. Law takes the form of "shall" or "shall not". It is unenforceable vague, but that is not the worst part abut it .

I’ll be clear the appointment process should be the same as interviewing for a job, except this one doesn’t seem to have performance requirements or even a job description including necessary plus desired qualifications in which candidates should be judged and appointment awarded to the most qualified, unless you intend to count for instance gender identity experience as a priority qualification for the water commission.

If you want to reduce implied bias without the discriminatory and the mediocre result of a process of demographic quota metering, the least you can do in HR is create and list relevant job descriptions with required and desired skills like any other job.

This reduction of metrics of appointment reduced to the actually quite job unrelated impossible meaningless matching of a candidates various demographics of race, age, and gender orientation, shows you don’t care squat about individual equal opportunity or achievement or then of the various commissions, and only see people in the group identity lenses you create. How short sighted and discriminatory is that? Well, very!

24.8 2
The only diversity I care about is the sum total diversity of thought, ability, knowledge, and skill a candidate possesses to perform the duties of commissioner. I want the car to keep on a rolling down the road and I don’t care what color the wheels are, they dang well better roll.

Ability and skill discrimination is very much a necessary part of a performance focused normal hiring process. Certain other kinds of discrimination are prohibited by law. If section f) were a somewhat standard discrimination prohibition against protected classes, providing equal opportunity to all, I’m good, except income, residence status, education or as defined in HiAP a lack of genetic or identity diversity, inclusiveness, or equity are for good and practical reasons none of those.

I’m OK with zero men applying for the CPVAW.

My hope is you would not appoint a blind person to the arts commission or consider a lack of fluency in English a protected disability for the sake of D-E-I-versity.

You can’t both care about excellence and equal opportunity, and strongly suggest unjustified demographic discrimination and assignment of unearned privilege. These wildly expanded easily manipulated unjustified discriminations and assignments of unearned privilege that HIAP fosters, abusing the abstraction of human potential which is un-measurable, un-predictable and unknowable, ignoring the millions of other life factors, abandoning excellence, while installing a permanent manipulative cancer on the entire body politic in law demands an exorcism of section f).

Thank you for your consideration,
Garrett Philipp - Westside SC

24.9 City Council

AGENDA REPORT
DATE: 02/02/2023
AGENDA OF: 02/14/2023
DEPARTMENT: Public Works
SUBJECT: Resolution of Intent to Annex Parcels at 538 Center Street into Parking District No. 1 (PW)
RECOMMENDATION: Resolution of Intent to annex remaining parcels at 538 Center Street (Assessors Parcel Numbers 005-148-17, 005-148-21 and 005-148-24) into Parking District No.

1. BACKGROUND: In May 2022, the City of Santa Cruz (City) approved design permit for a mixed-use supportive housing development consisting of 2,210 square feet of commercial retail space, 65 residential units, and construction of a public paseo on property located on seven parcels at 538 Center Street.

This process involved a merge and lot line adjustment of the five parcels that are owned by Calvary Church: Assessor’s Parcel Number (APN) 005-148-12, 17, 18, 21 and 22. During the process to obtain a new APNs for the newly merged and created parcels, it was identified that the properties are in different Tax Code Boundaries and as such require an amendment to the Parking District No 1 boundary to proceed with the lot split and mixed-use supportive housing development..

Previously, the City leased these parcels from Calvary Church and maintained these parcels as public parking Lot 5. Although Lot 5 operated as a public parking lot within Parking District No 1, half of the lot was located outside of the district boundary. Historically, the City has treated this property as within the boundary of the Parking District.

City Code specifies that City Council must adopt a Resolution of Intent in order to annex these parcels in to Parking District 1. At a subsequent meeting, Council may then adopt a resolution to annex these parcels into the District.

DISCUSSION: In order to move forward with obtaining APN numbers, the Calvary Church Affordable Housing Project must be located in a single Tax Code Boundary. Currently, the property is located partially within and partially outside of Parking District No 1. After internal discussions and discussions with the project owner, staff recommends that APNs 005-148-17, 005-148-21, and 005-148-24 be annexed in to Parking District No 1.

The project is a 100% affordable apartment building being built on a roughly ¾ acre property in downtown Santa Cruz owned by the Calvary Episcopal Church. The project includes 65

25.1 residential units, 2,210 square feet of commercial space, and a public paseo connecting Center and Cedar Streets.

In May 2022, the City approved the permits for the mixed-use supportive housing project. On June 1, 2022, Calvary Church (owner) and SC Cedar Street Apartments LP (Developer) effected a merger and lot line adjustment that created two parcels, a northern parcel that will remain the Church campus and a southern parcel that will be the new mixed use supportive housing project.

SC Cedar Street Apartments LP will be a tenant leasing the southerly parcel. When the developer sought a new APN from the County Assessor’s Office, they were informed that they could not obtain one until all the subject parcels were located in the same Tax Code Boundary.

The Church owns five (5) parcels: 005-148-12, 17, 18, 21 and 22. Of these, APN 005-148-17 and 005-148-21 are currently outside of Parking District No 1. Additionally, APN 005-148-24, owned by the City of Santa Cruz, is located outside of the district and is recommended to be annexed in. This parcel will become part of the City paseo connecting Cedar and Center Streets and creating a more walkable downtown core.

This item was reviewed by the Downtown Commission at their January 26, 2023 meeting. An update on their action will be included to Council.

This action has been noticed in accordance with SCMC 2.28.200. A Resolution of Intent is required to move forward with annexation and for the project to obtain an APN.

Parking Impact: Because this project was approved using AB2162, no parking for the residential component of the project was required. The project paid an in-lieu fee for their nonresidential parking requirements in line with the requirements of the Downtown Parking Resolution.

FISCAL IMPACT: These new residents and employees will generate additional demand on the Parking District. If this project is included in the district, these residents and any employees would be eligible to purchase parking permits in Parking District No 1. This may generate revenue. There is no impact to the General Fund.

Prepared By:

Claire Gallogly, AICP
Transportation Planner
Submitted By:

Nathan Nguyen, PE
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION OF INTENT TO ANNEX.DOCX

2. PROPOSED PARKING DISTRICT MAP.PDF

3. PROOF OF PUBLICATION.DOC

25.2 RESOLUTION NO. NS-XXX, XX

RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ANNEXING REMAINING PARCELS AT 538 CENTER STREET (ACCESSORS PARCEL NUMBERS 005-148-17, 005-148-21, AND 005-148-24) INTO THE DOWNTOWN PARKING DISTRICT (PARKING DISTRICT NO. 1)
WHEREAS, proceedings for the formation of Parking District No. 1 were initiated by the City Council of the City of Santa Cruz in Resolution No. NS-2233, adopted June 25, 1956; and WHEREAS, thereafter Parking District No. 1 was duly formed and now exists in the Central Business District of the City of Santa Cruz, pursuant to said resolution, City ordinances and the Parking District Law of 1951, California Streets and Highways Code, Section 35100 et seq.; and
WHEREAS, the system of automobile parking spaces in Parking District No. 1 has been acquired and improved for the benefit of the properties in said Parking District No. 1, and for the use by business owners, their employees, customers, and other residents in Parking District No. 1; and
WHEREAS, a 100% affordable apartment building with 64 units is being built in downtown Santa Cruz on property owned by the Calvary Episcopal Church at 538 Center Street (assessor’s Parcel No. 005-148-12, 005-148-17, 005-148-18, 005-148-21 and 005-18-22), later to be merged into two parcels. Two city owned parcels adjacent to the development (assessor’s Parcel No. 005-148-24 and 005-148-25) will act as pedestrian thoroughfares; and WHEREAS, Parcel No. 005-148-12, 005-148-18, 005-148-22, and 005-148-25 lies within Parking District No. 1 boundaries and the remaining parcels (assessor’s Parcel No. 005-148-17, 005-148-21, and 005-148-24) are currently outside Parking District No. 1 boundaries; and WHEREAS, the Downtown Commission voted on January 26, 2023 to support the annexation of the development’s three remaining parcels (assessor’s Parcel No. 005-148-17, 005- 148-21, and 005-148-24) into the Downtown Parking District (Parking District No. 1); and WHEREAS, the resolution has been advertised as required by Section 2.28.250 of the Santa Cruz Municipal Code.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby intends to consider the approval of the annexation of Assessor’s Parcel No. 005-148- 17, 005-148-21, and 005-148-24 into the Downtown Parking District (Parking District No. 1).

25.3 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 14th day of February, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

25.4 25.5

NOTICE TO SENTINEL AD TO BE PUBLISHED
Attn: Gloria Change
Via Email attachment
[email protected]
Legal Ad Desk Bill separately and directly to:

Attn: Acct. Dept. City Planning Department
PO # 70-20002 809 Center St., Rm.101
Santa Cruz, CA 95060
PROOF OF PUBLICATION REQUIRED Contact: Viviane Nguyen, 831-420-5245 STANDARD Size

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Cruz will hold a public hearing to consider the Resolution listed below on Tuesday, February 14, 2023, on or after the hour of 11:00 a.m. by webinar broadcastingfrom 809 Canter Street, Santa Cruz, CA.

To mitigate the spread of COVID-19 and comply with social distancing suggestions, the Council Chambers will not be open to the public. Additional information on how to participate and view the meeting will be provided on the agenda found at SantaCruz.com/All Meetings. The meeting may be viewed remotely, using any of the following sources:
 Online at City of SantaCruz.com/All Meetings
 Online at https://communitytv.org/watch/
 Comcast Channel 25.
 By phone – See Agenda for Zoom Call-In Information

Resolution of Intent of the City Council of the City of Santa Cruz Annexing Remaining Parcels at 538 Center Street belonging to Calvary Church into Parking District No. 1.

ACCESSORS PARCEL NUMBERS 005-148-17, 005-148-21, and 005-148-24 City Public Works Development Department
www.cityofsantacruz.com/publicworks
809 Center Street, Room 201
Santa Cruz, CA 95060
Phone Hours: Monday to Thursday, 7:00 AM to 12 pm and 1:00- 3:30 PM Counter Hour: Monday to Thursday, 7:00 AM to 12:00 PM Monday to Thursday Email Comments: [email protected]
(831) 420-5160
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 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 Cal-Relay system number:
1-800-735-2922.

25.6 City Council

AGENDA REPORT
DATE: 01/23/2023
AGENDA OF: 02/14/2023
DEPARTMENT: City Clerk
SUBJECT: Sister Cities Committee Appointment (CC)
RECOMMENDATION: Motion to appoint one member to the Sister Cities Committee, with a term ending January 31, 2025.

BACKGROUND: Due to a resignation, there is a vacancy on the Sister Cities Committee. The appointee will finish up the previous member's term, and will be eligible for reappointment.

DISCUSSION: The following people are seeking appointment:

Esabella Bonner
Samantha Lee
FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. APPLICATIONS

26.1 26.2

26.3 Esabella Bonner (she/her)
Bay Area, California
Education
San Jose State University, 2017 – 2019
Bachelor of Science, Business Administration, Concentration in Human Resources Management
Activities and Societies: Society for Human Resources Management (SHRM) Member, 2018.

Cabrillo College, 2013 – 2015
Associate’s Degree, Sociology
Activities and Societies: Cabrillo College Women's Soccer Team 2013-2014 Professional Experience
Black Surf Club Santa Cruz, Inc.

Founder/Executive Director, September 2020- Present
- Spearheaded a nonprofit surf organization to combat the lack of diversity, access, and representation in the sport of surfing and outdoor recreation. - Won Goodtimes Santa Cruz ‘Best Surf School’ in our first year of operating. - Successfully fundraised and secured grants for over $275,000 to support organizational goals. - Recruited a team of 11 highly engaged board members, 12 volunteer surf instructors, and over 30 volunteers.
- Grew the organization to over 250 members and garnered community support and public buyin for our mission. - Founded the annual Liberation Paddle Out (2021/2022) which provides a safe entry point for BIPOC community members to connect with the ocean and provides nearly 200 free equipment bundles for folks to join yearly.

Self-Employed
Principal Equity Consultant, September 2020- Present
CARES Justice Group Advisor (County of Santa Cruz Advisory Group) - Hand selected by local county supervisor to serve as an equity advisor on a team of 9 other community leaders.
- Work on a variety of initiatives and projects including analyzing county policies and procedures.
- Collaborate with community leaders and stakeholders to create and forage a more equitable community.

26.4 Sage Intacct, Inc.

Recruiter, September 2020 – July 2021
- Full cycle recruiting for Sales (Pre-sales, Sales Development), G&A (Finance, Business Transformation), Client Services (Customer Support, Professional Services), and Product (UX/UI, Training).
- Continuously built strong hiring manager relationships by providing quality candidates, partnering on the interview process and instilling confidence around closing candidates. - Led company through Diversity, Equity and Inclusion strategy implementation.

Recruiting Coordinator, September 2019 – September 2020 Recruiting Assistant (Contract), June 2019 – September 2019 - Schedule and coordinate candidate interviews (US & International), including travel and accommodation if necessary.
-Acted as a liaison between candidates, recruiters and hiring managers as well as identified opportunities to improve the candidate experience.
-Handled full life-cycle recruitment for assigned internship roles. - Ensured a positive candidate experience with onsite interviews. - Led content creation for the company and managed all social media platforms. - Built out Glassdoor updates, including increasing Intacct's rating from 4.3 to 4.7 and maintaining it at or above a 4.5 rating.
- Worked closely with the Marketing team to build out Intacct's Careers page. - Familiar with navigating and posting jobs to job board sites such as Monster, LinkedIn, Handshake, Indeed, etc.
- Assist in activities that support recruiting objectives such as driving employee referrals and encouraging employment branding efforts.
- Design and build internal and external email campaigns and landing pages to target potential candidates.

Chad Hoesing, CPA, Inc.

Staff Accountant, May 2016 – December 2019
-Prepare simple to complex individual, business, payroll, exempt and gift tax returns for hundreds of clients.
-Provide auditing, review and financial compilation services for various non-profit and exempt clients.
-Compile invoices, letters, audit and financial reports, and other documents using a variety of computer software.
-Compose legal documents including wills, articles of incorporation, trusts, powers of attorney, shareholder agreements and other various legal documents. -Formulate correspondence and responses for IRS tax notices and audits.

La Madrona Athletic Club
Front Desk Receptionist, August 2014 – April 2019

26.5 -Provide training for new staff members and ensure they are transitioning well into their positions.
-Provide excellent customer service to all those in attendance at the facility.

Event Coordinator, September 2015 – July 2016
-Effectively plan well attended club events to fulfill member’s interests. -Plan and communicate event details in a timely manner. -Manage all advertising and signups (if any) for events. -Coordinate and manage coverage for all club events.
-Work in conjunction with the General Manager to maintain all administrative scheduling of events.
-Compile and submit information on upcoming events for the monthly club newsletter. -Notify the General Manager of any new programs or changes in existing events being planned.

Volunteer
Black Health Matters Advisor, September 2020- Present
- Worked closely to roll out a Community Assessment Project focusing on collecting data and providing resources for the Black and African American community living in Santa Cruz County.

Community Action Board (CAB) of Santa Cruz County Board Member, March 2022-Present Honors and Awards
- 2021 ACLU Santa Cruz Chapter Bell of Freedom Award

26.6 26.7

26.8 26.9

26.10 26.11

26.12 26.13

26.14 26.15

26.16 26.17

26.18 26.19

26.20 City Council

AGENDA REPORT
DATE: 02/01/2023
AGENDA OF: 02/14/2023
DEPARTMENT: Police
SUBJECT: Response to 2021 Independent Police Auditor Report (PD) RECOMMENDATION: Receive a follow-up summary from the Santa Cruz Police Department (SCPD) in response to the 2021 Independent Police Auditor Report.

BACKGROUND: In 2022 the Independent Police Auditor (IPA) presented its 2021 annual report to the Public Safety Committee (March 23, 2022) and City Council (August 23, 2022).

The report addressed the IPA’s review of thirteen formally investigated public complaints, administrative investigations involving an in-custody death and a vehicle pursuit, and two other concerns regarding SCPD performance.

The report notes that many files reviewed reflect “thorough investigations and sound conclusions” but also outlines 26 recommendations to strengthen accountability systems, including ways that SCPD can improve investigation and review of critical incidents.

DISCUSSION: SCPD reviewed and responded to all 26 recommendations. Changes were made to existing policy and new policies were created to address the IPA’s recommendations and existing laws.

Details are outlined in the attachment (2021 Annual Auditor Report SCPD Response).

FISCAL IMPACT: None.

Prepared By:

Catherine Brothers
Principal Management
Analyst
Submitted By:

Bernie Escalante
Police Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2021 ANNUAL AUDITOR REPORT SCPD RESPONSE.PDF

27.1 2021 Annual Auditor Report - SCPD Response
Incident Recommendation # Recommendation SCPD Response
In Custody Death
2019-007
1 Revise County's Critical Incident
Guideline to include interviews of
involved and witness officers before the
end of shift unless extenuating
circumstances exist.

County's Critical Incident Guideline definition: the
investigation of each critical incident will commence as promptly as practicable after the occurrence, with the goal being to develop a timely, thorough, accurate, reliable investigation with joint resources and oversight after the incident .

In Custody Death
2019-007 2
Revise Officer Shooting and Death policy
to require interviews of involved and
witness officers before end of shift
unless extenuating circumstances exist.

SCPD Policy 305 - Shooting and Death Policy covers timeliness of interviews.

In Custody Death
2019-007
3 Revise SCPD Seatbelt policy to require
constant monitoring of individuals
handcuffed in patrol vehicles who
cannot be safely seat-belted in light of
the significant risk of positional
asphyxiation of handcuffed individuals
lying in a stomach-down position.

Recommendation Completed: Update made to SCPD policy
1010.5 - Transporting Suspects, Prisoners or Arrestees to include California Government Code § 7286.5(b)(4) -
"Positional asphyxia" clause.

In Custody Death
2019-007
4 Revise Mobile Audio/Video (MAV) policy
to require the activation of the in-car
video camera when transporting
prisoners.

Recommendation Completed: Update made to SCPD Policy
421 - Mobile Audio/Video.

In Custody Death
2019-007 5
Revise Officer Involved Shooting and
Death policy to define the Use of Force
Review Board's composition, duties,
timelines, meetings and scope.

Recommendation Completed: Created SCPD Policy 343 - Use of Force Review Boards.

27.2 2021 Annual Auditor Report - SCPD Response
Incident Recommendation # Recommendation SCPD Response
In Custody Death
2019-007 6
Revise Officer Involved Shooting and
Death policy to include a formal process
to document, monitor and implement
recommendations and action steps
arising from the Board's assessments.

Recommendation Completed: Update made to SCPD Policy
305 - Officer-Involved Shootings and Deaths.

In Custody Death
2019-007 7
Revise Officer Involved Shooting and
Death policy to require that involved
and witness officers be debriefed on any
issues/concerns identified by the Review
Board.

Recommendation Completed: Update made to SCPD Policy
305 - Officer-Involved Shootings and Deaths.

In Custody Death
2019-007 8
Debrief with the involved officers about
this incident, including their incorrect
assumption that the detainee was
feigning his medical distress as well as
the other issues raised by the
Department's and IPA's review.

Recommendation Completed: Current officer was debriefed.

Personnel Complaint
2019-032 9
Implement a more robust mechanism to
ensure that any recommendations
coming out if a post-incident review are
timely considered and implemented.

Recommendation Completed: The Professional Standards Unit includes in their bimonthly report recommendations that come out of investigations and implementation dates.

Personnel Complaint
2019-032 10
Implement a system for accurately
documenting the time, date and manner
it has received a personnel complaint in
its investigative file, and should update
its Personnel Complaint policy to include
this documentation requirement.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints.

27.3 2021 Annual Auditor Report - SCPD Response
Incident Recommendation # Recommendation SCPD Response
Personnel Complaint
2019-032 11
Revise the Personnel Complaint policy to
require that any reasons for significant
investigative delays be documented in
the investigative file, and SCPD should
ensure compliance with the approval
requirement for extensions.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints.

Personnel Complaint
2019-032
12 Continue to monitor the timeliness of its
complaint investigations through regular
status updates to the Chief or his
designee.

Recommendation Completed: Bimonthly meetings held
between the Chief, Deputy Chief, and Professional Standards Unit.

Personnel Complaint
2019-032 13
Revise the Personnel Complaint policy to
require that any tolling exception to the
one-year statute of limitations be
approved by a supervisor in consultation
with the City Attorney and documented
in the investigative file.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints.

Personnel Complaint
2019-032
14 Describe any reform or learning that
resulted from the complaint when
notifying the complainant of its
investigation's conclusion.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints.

Personnel Complaint
2020-020
15 Re-evaluate this complaint by focusing
on principles of bias by proxy when
responding to calls for service
Recommendation Completed: Racial and Identity Profiling POST training during academy training and recertification every five years. Santa Cruz City Ordinance 9.86 -
Discriminatory Reports to Law Enforcement Ordinance. SCPD Policy 401 - Bias-Based Policing.

Personnel Complaint
2020-020
16 Develop policy and training on how to
prevent bias by proxy when responding
to call for service.

Recommendation Completed: Racial and Identity Profiling POST training during academy training and recertification every five years.

Santa Cruz City Ordinance 9.86 - Discriminatory Reports to Law Enforcement Ordinance. SCPD Policy 401 - Bias-Based Policing.

27.4 2021 Annual Auditor Report - SCPD Response
Incident Recommendation # Recommendation SCPD Response
Personnel Complaint
2020-020
17 Develop a written protocol to require
that copies of complainant letters are
retained and included as part of the
investigative file.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints.

Personnel Complaint
2020-020
18 Revise the Personnel Complaint policy to
require that the complainant be
interviewed as to each allegation and
that a final personnel complaint
investigation include findings for each
allegation.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints
Personnel Complaint
2020-020
19 Notify the complainant in writing of its
investigative conclusions and explain its
policy and training efforts on bias by
proxy.

Recommendation Completed: New letter was sent to the
complainant to include improvements made. Referenced
Santa Cruz City Ordinance 9.86 - Discriminatory Reports to Law Enforcement.

Administrative Case
2020-031
No recommendation.

Personnel Complaint
2019-033 20
Revise the Personnel Complaint policy to
require reasonable efforts to timely
interview complainants.

Recommendation Completed: Update made to SCPD Policy
1009 - Personnel Complaints.

Personnel Complaint
2020-003
No recommendation.

Personnel Complaint
2020-005 21
Develop a policy that in appropriate
cases permits complainants to view the
body-worn camera footage of the
incident that gave rise to their
complaint.

Recommendation Completed: At the Professional Standards Unit's discretion, when applicable, the disposition letter to the complainant offers the complainant to watch body camera footage.

Personnel Complaint
2020-012
No recommendation.

Personnel Complaint
2020-014
No recommendation.

Personnel Complaint
2020-015 22
Consider implementing a procedure that
identifies and offers mediation for low
level complaints.

Recommendation Completed: A procedure is currently in place.

27.5 2021 Annual Auditor Report - SCPD Response
Incident Recommendation # Recommendation SCPD Response
Personnel Complaint
2020-016
No recommendation.

Personnel Complaint
2020-23
No recommendation.

Personnel Complaint
2020-24 23
Issue roll call training on Civil
Harassment Restraining Orders After
Hearing.

Recommendation Completed: The SCPD has and continues to conduct regular roll call training on Civil Harassment
Restraining Orders After Hearing.

Personnel Complaint
2020-24
24 Implement a system that captures
accurate and sufficient detailed
information regarding intake, status, and
disposition of complaints for easy
tracking and reference.

Recommendation Completed: Better utilizing an internal
software system (IA Pro) to meet listed recommendations.

Personnel Complaint
2020-24
25 Re-evaluate the findings in this case and
consider issuing the complainant a new
disposition letter.

Recommendation Completed: A new disposition letter was
sent to the complainant.

Personnel Complaint
2020-025
No recommendation.

Personnel Complaint
2021-001
No recommendation.

Social Media Posting 26
Develop a policy to address the
circumstances for including or excluding
the identity of an arrestee in its social
media postings.

Recommendation Completed: Update made to SCPD policy
322 - Department Use of Social Media to include Penal Code 13665(a).

Vandalism Arrest No recommendation.

27.6 1
Bonnie Bush
From: Big Joe 77 <[email protected]>
Sent: Friday, February 10, 2023 5:50 PM
To: City Council
Subject: Public Correspondence: 02.14.2023 Council Agenda Item 27: “SCPD response to the 2021 Independent Police Auditor Report
Honorable mayor, Vice Mayor, and CouncilI take issue with SCPD’s response to the Auditor’s recommendation# 21. The Auditor recommended that the Santa Cruz Police Department “Develop a policy that in appropriate cases permits complainants to view the body-worn camera footage of the incident that gave rise to their complaint.” The SCPD responded by stating: “Recommendation Completed: At the Professional Standards Unit's discretion, when applicable, the disposition letter to the complainant offers the complainant to watch body camera footage.”
The response, of course, is ludicrous. The caveat of “at the Professional Standards Unit's discretion” virtually assures that any/ all bodycam video will be withheld, and inevitably require parties to present a subpoena to gain access. In short- nothing has changed.

I suggest that the City Council seek modification to the policy language with the following:
“All complainants, and or the complainant’s immediate family members and or legal guardians be allowed access to both SCPD body worn camera and dash mounted camera video without obstruction or interference. from Department personnel or City Hall.

All other interested parties will be allowed access, if applicable, at the discretion of the SCPD’s Professional Standards Unit.

It should be obvious to you that the parties I have mentioned are the true stakeholders in this. They are the ones who require 100% transparency from the Police in these matters.

Thank you for your time and consideration in this matter.

Sincerely,
‐‐
Big Joe 77
Keepin' it Real
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

27.7 1
Bonnie Bush
From: Jonathan Gettleman <[email protected]>
Sent: Monday, February 13, 2023 10:23 AM
To: [email protected]; Bonnie Bush; City Council; Jonathan Gettleman Subject: Agenda Item 27: Response to 2021 Independent Police Auditor Report (PD) Dear Council Members,
I am writing on behalf of myself with regard to Agenda Item 27 and particularly Chief Escalante's response to the independent auditor's report. Chief Escalante did not seem willing to adopt the auditor's recommendation of expedient interviews of police in serious incidents. I think the tension is that the consideration from the perspective of the police chief are the officers' rights and wellbeing first. Inherent in that perspective is the unreasonable belief in the perfect good faith of every police officer. But when you are talking about the death or serious injury of another, the focus has to shift from just the wellbeing of the officer to the needs of the investigation to secure accurate and complete information because someone isn't ever coming home and their family and community deserves the most accurate truth.

There are two key reasons not to delay an investigation, one is the freshness and accuracy of the information. The other is so the person cannot seek advice as to how best to answer mold their answers to protect themselves. Because the role police officers play in our society, they should not be afforded the same rights as a civilian when they cause a death on duty, justified or not, without losing their ability to be a police officer forever. The right I am addressing is to plead the Fifth or be coached as to how best to give the direct facts to make their own behavior look more reasonable.

One should not simultaneously get all the privileges and immunities of the government and the benefits of a civilian or one becomes imbued with a feeling of being untouchable and unaccountable. It's not as though police that cause death are ever initially arrested as would anybody else be. I wonder if the chief gives the same benefit to civilians accused of potentially causing a death that he has arrested and wishes to interrogate.

In my mind, this is the issue Mr. Gennaco is pointing out without saying it directly. Behind the concern of the officer's health, the chief seems to be deflecting to support the other, interests of the police first. To me, this is the heart of this matter and a significant issue in police accountability. We have an independent auditor because we trust his judgment as an advocate for best practices weighing the influence of the officers' needs and the community equally. Please order Chief Escalante to follow the police auditor's recommendation. Thank you for your consideration.

Sincerely,
Jonathan Gettleman
Caballero and Gettleman, Law Office, Inc.
223 River Street, Suite D
Santa Cruz, Ca 95060
Tel: (831) 427-2658
Fax: (831) 515-5228
caballerogettleman.com

27.8 2


CONFIDENTIAL AND/OR ATTORNEY-CLIENT PRIVILEGED COMMUNICATION The unauthorized disclosure or interception of email is a federal crime; 18 U.S.C. § 2517(4).

This electronic message transmission contains information which may be confidential or privileged. If you have received this electronic transmission in error, you are advised not to read this email, and not to disclose, distribute, or copy this message and/or attachments.Please immediately notify Caballero and Gettleman, Law Office, Inc, either by telephone at (831) 427-2658 or by electronic mail if you have received this email in error, and delete it from your system.

27.9 2021 Independent
Police Auditor
Report

SANTA CRUZ POLICE DEPARTMENT RESPONSE

27.10 Overview
 OIR reviewed -
 13 public complaint investigations
 2 administrative investigations
 2 “other” policing performance matters
 OIR submitted -
 26 recommendations
 “No recommendation” provided for 9 of the 17 incidents (53%)

27.11 In Custody Death
 Updated policy 1010.5 – Transporting Persons in Custody to include Cal Gov code 7286.5(b)(4)
 Updated policy 421 – Mobile Audio/Video
 New policy 343 – Use of Force Review Boards
 Updated policy 305 – Officer-Involved Shooting and Deaths Recommendations – 3, 4, 5, 6, 7

27.12 Bias By Proxy
 POST training requirements
 Santa Cruz City Ordinance 9.86 – Discriminatory Reports to Law enforcement Ordinance
 Current Policy 401 – Bias-Based Policing
Recommendations – 15, 16

27.13 SCPD Policy 1009 – Personnel
Complaints
 Improves documentation of personnel complaints
 Addresses timeliness of investigations
 Improves communications with the complainant
Recommendations – 10, 11, 13, 14, 17, 18, 20

27.14 SCPD Professional Standards Unit
 Issued new disposition letters to complainants
 When applicable, provides access to body-worn
camera footage in disposition letters to complainants
 Better utilization of internal software system
 Bimonthly meetings between the Chief, Deputy Chief,
and Professional Standards Unit
Recommendations – 9, 12, 19, 21, 24, 25

27.15 City Council

AGENDA REPORT
DATE: 02/02/2023
AGENDA OF: 02/14/2023
DEPARTMENT: Finance/City Attorney
SUBJECT: Ordinance Amending Chapter 5.10 of the Municipal Code Related to the Annual Living Wage Adjustment Index (FN/CA)
RECOMMENDATION: Introduce for publication an ordinance amending Chapter 5.10 of the Santa Cruz Municipal Code related to annual adjustments of the living wage based on Consumer Price Indices published by the Bureau of Labor Statistics.

BACKGROUND: On October 24, 2000, City Council adopted Ordinance No. 2000-25 pertaining to the payment of a living wage (“Living Wage Ordinace” or “LWO”). Section

5.10.040 of the LWO requires that the City Council annually consider a recommendation regarding adjustments to minimum living wage rates and benefits to be effective on July first of each year. This section further requires that, at a minimum, the living wage rates shall be upwardly indexed each year by an amount which corresponds to the San Francisco-Oakland-San Jose area CPI for Urban Wage Earners and Clerical workers for the twelve-month period ending on October 31st of the previous year. In 2018, the Bureau of Labor Statistics (“BLS”) ceased publication of the San Francisco-Oakland-San Jose CPI. As such, the LWO as written does not identify an existing index to calculate annual increases to the City’s living wage.

DISCUSSION: In 2018, BLS applied significant geographical revisions to its published CPI data. One such revision replaced the San Francisco-Oakland-San Jose metropolitan area index with the San Francisco-Oakland-Hayward index. Although the new index covers much of the same geographic area, it was narrowed to remove sampling from Santa Cruz, Sonoma, and Napa counties.

From 2018 until 2021, the San Francisco-Oakland-Hayward index for urban consumers (“CPIU”) was used to calculate adjustments to the living wage instead of the index for Urban Wage Earners and Clerical Workers (“CPI-W”). Once the error was noticed, subsequent analysis showed that the two indices were aligned from 2018 through 2021. Thus, error in applying the CPI-U was harmless and did not result in lower wages than those prescribed under the LWO.

During this investigation, staff also discovered the discrepancy between the index called for in the LWO and BLS’ current publications. As such, staff recommends amending the LWO to provide for the currently published San Francisco-Oakland-Hayward CPI-W index.

Because the San Francisco-Oakland-San Jose index is no longer published, using the index that most closely mirrors the LWO’s original index to measure cost-of-living adjustments is recommended. In preparing the proposed LWO amendments, staff analyzed the San Francisco28.1 Oakland-Hayward index and other national/regional indices published by BLS. After review, staff found that the San Francisco-Oakland-Hayward index is best suited for the purpose of calculating cost-of-living adjustments under the LWO. Given housing costs in Santa Cruz, mirroring Bay Area cost-of-living adjustments is more practical than using another index that covers broader areas of California that may not correlate with the cost-of-living in Santa Cruz.

Using the San Francisco-Oakland-Hayward index follows the original intent of the LWO and ensures that wages for City projects are raised in accordance with employees’ cost-of-living in Santa Cruz.

Staff also recommends amending the LWO to allow for a substitute index to be used in the event that the San Francisco-Oakland-Hayward index is no longer published. This contingency allows for the City Council to adopt annual living wage adjustments, without delay, that will be upwardly indexed based on a similar BLS publication corresponding to the geographical area including Santa Cruz and/or the greater Bay Area.

Additionally, per section 5.10.040(1), the LWO requires the annual resolution prescribing living wage rates to be adopted by the first meeting in February of each year. Staff recommends amending this provision of the LWO to allow for the annual resolution to be adopted by Council at a regularly scheduled meeting, no later than the last meeting in February of each year.

Allowing more time to adopt the recommended annual wage adjustment allows for the most upto-date information to be considered in setting the new living wage rates.

FISCAL IMPACT: None.

Prepared By:

Alex Geise
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE - CLEAN.DOCX

2. ORDINANCE - TRACK CHANGES.PDF

28.2 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 5.10 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO ANNUAL

LIVING WAGE ADJUSTMENTS
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Chapter 5.10.040 of the Santa Cruz Municipal Code is hereby amended to read as follows:

5.10.040 PRESCRIPTION OF MINIMUM LIVING WAGE.

1. The minimum living wage to be paid to employees pursuant to the requirements of this chapter shall be prescribed annually by the city council pursuant to resolution. The city council shall consider a recommendation regarding adjustments to the wage rate and benefits no later than its last regularly scheduled meeting in February of each year and shall adopt a resolution to be effective on July first of each year.

2. The resolution shall prescribe a minimum living wage to be paid where the employer provides minimum vacation leave, sick leave and health insurance benefits for its employees and an alternate higher minimum living wage to be paid where the employer does not provide each of those minimum benefits for its employees.

3. The minimum vacation leave and sick leave that must be provided and the minimum amount paid toward health insurance to qualify for the lower minimum living wage shall be prescribed in the annual resolution.

4. At a minimum, the prescribed minimum living wages shall be upwardly indexed each year by an amount that corresponds to the cost of living increase as measured by the San FranciscoOakland-Hayward area Consumer Price Index for urban wage earners and clerical workers.

The annual adjustment shall be with reference to the CPI for the twelve-month period ending on October thirty-first. In the event the San Francisco-Oakland-Hayward CPI is no longer published by the U.S. Department of Labor, Bureau of Labor Statistics, the prescribed minimum living wage shall be upwardly indexed by another CPI published by the Bureau of Labor Statistics measuring the cost of living in the geographical area that includes the City of Santa Cruz and/or the San Francisco Bay Area.

5. Where an employer intends to pay the minimum living wage applicable to employers who provide the requisite sick leave, vacation leave and health insurance benefits, proof of the requisite benefit package must be submitted to the city within ten days of the award of the contract for services, related subcontract, grant funding or financial assistance which creates the living wage requirement.

28.3 ORDINANCE NO. 2023-XX
2 PASSED FOR PUBLICATION this 14th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

28.4 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 5.10 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO ANNUAL

LIVING WAGE ADJUSTMENTS
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Chapter 5.10.040 of the Santa Cruz Municipal Code is hereby amended to read as follows:

5.10.040 PRESCRIPTION OF MINIMUM LIVING WAGE.

1. The minimum living wage to be paid to employees pursuant to the requirements of this chapter shall be prescribed annually by the city council pursuant to resolution. The city council shall consider a recommendation regarding adjustments to the wage rate and benefits no later than its firstlast regularly scheduled meeting in February of each year, and shall adopt a resolution to be effective on July first of each year.

4. At a minimum, the prescribed minimum living wages shall be upwardly indexed each year by an amount whichthat corresponds to the cost of living increase as measured by the San Francisco-Oakland-San JoseHayward area Consumer Price Index for urban wage earners and clerical workers. The annual adjustment shall be with reference to the CPI for the twelve-month period ending on October thirty-first. In the event the San Francisco-OaklandHayward CPI is no longer published by the U.S. Department of Labor, Bureau of Labor Statistics, the prescribed minimum living wage shall be upwardly indexed by another CPI published by the Bureau of Labor Statistics measuring the cost of living in the geographical area that includes the City of Santa Cruz and/or the San Francisco Bay Area.

28.5 ORDINANCE NO. 2023-XX
2 PASSED FOR PUBLICATION this 14th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

28.6 City Council

AGENDA REPORT
DATE: 2/2/23
AGENDA OF: 2/14/23
DEPARTMENT: Planning & Community Development
SUBJECT: Sidewalk Vending Ordinance Administrative Amendments and Program Update (PL)
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance amending Santa Cruz Municipal Code (SCMC) Chapter 5.82 (“Sidewalk Vending”); and
2) Accept the Sidewalk Vending Program update.

BACKGROUND: The City of Santa Cruz has piloted various sidewalk vending programs since Senate Bill (SB) 946 “Safe Sidewalk Vending Act” became effective January 1, 2019. SB 946 limited the City’s ability to regulate sidewalk vending and prohibited criminal punishment for sidewalk vending-related violations. The pilot programs allowed staff to have a better understanding of the impact of the implementation of SB 946, especially in the popular vending areas on Beach Street.

The City Council adopted the Sidewalk Vending Ordinance SCMC Chapter 5.82 (“Sidewalk Vending”) on April 12, 2022 and approved the fees associated with the administration and enforcement on May 10, 2022. At the March 22, 2022 meeting, staff was directed to return to City Council with FY 2023 requests as part of the regular budget and personnel change process and provide operational updates related to staffing and other expenditures.

DISCUSSION: The City’s Sidewalk Vending Ordinance was administered starting May 2022 with the coordination of the following departments: City Manager’s Office, City Attorney’s Office, Planning and Community Development, Parks and Recreation, Economic Development, and Police. During the implementation of the Sidewalk Vending Program from May 2022 to date, staff identified opportunities to provide further clarification to the Ordinance and improve its efficiency. This report also provides an update on the first year of administration of the Sidewalk Vending Program under SCMC Chapter 5.82.

29.1 Proposed Amendments
Staff is recommending the following additional amendments for City Council to consider to SCMC Chapter 5.82. The Ordinance is also included as Attachments Ordinance – Track Changes and Ordinance – Clean.
 Amendment to 5.82.020.a – Definitions: Updating city-demarcated vending and display zones on Pacific Ave. This change allows additional options to demarcate vending and display zones to allow more clarity regarding spots that are for performance and/or vending.  Amendment to (5.82.020.p – Definitions): Adding definition of “enforcement official.” This change clarifies who can enforce the Ordinance, specifically including contracted enforcement officers within the “enforcement official” definition.  Amendment to 5.82.030.a.3, 5.82.030.a.4, 5.82.030.a.12, 5.82.030.a.20 – Sidewalk Vending Conduct: Section 030.a. would be amended to clarify that sidewalk vendors cannot block access to certain essential infrastructure.
 Amendment to 5.82.040.a and 5.82.040.b.3 – Sidewalk Vending Permit Application:

Removing the operation of mobile vending in conjunction with sidewalk vending. Staff recommends removing the Municipal Code’s reference to mobile vending operation within the sidewalk vending code. Vendors faced confusion as to which permit to apply for, given that the Mobile Vending Ordinance is administered by the Police Department. Section 040.b.3 would be updated to require a description of the vendor’s total operational size.  Amendment to 5.82.040.b.9 – Sidewalk Vending Permit Application: Adding that each separate concurrently operating vending location requires its own business license.

During the past season, staff found that multiple sidewalk vendors (operators) were requesting sidewalk vending permits under a single business license and were then simultaneously operating at multiple locations while using a single business license.

Businesses that concurrently operate at multiple locations within the City require a business license for each location. While a sidewalk vendor can operate in different areas based on various factors such as daily space availability, the concurrent operation of multiple locations requires both an additional business license and an additional sidewalk vending permit for each location.
 Amendment to 5.82.050.c, 5.82.050.d, and 5.82.050.g – Sidewalk Vending Permit Approval, Conditions, Denial, or Revocation: Adding clarifications on violations of conditions and details on appeal: Section 050.c would be amended to clarify that a violation of sidewalk vending permit conditions is also a violation of this chapter. Section 050.d would be amended to note that use of a shade structure may be requested in a Parks Vending Permit application. Section 050.g would clarify that if an appeal is successful, the hearing officer will order the City to return the fee paid for the appeal.  Amendment to 5.82.060 – Sidewalk Vending Permit Expiration and Renewal: Adding a renewal time period expiring on September 30 and starting on October 1 of each calendar year, rather than valid for 12 months from the date of issuance: Staff recommends clarifying that renewals begin in October of each calendar year, irrespective of whether a 12-month period has elapsed since the original issuance of the permit. Staff found that in October, there was an influx of over 20 permit applications to add in the Park’s Permit

29.2 in anticipation of the off-season starting November through March. This clarification in renewal will allow the Planning and Community Development Department and Parks and Recreation Department to streamline the administration of the renewals and issuance of permits to align with the off-season launch of Beach Street vending in November, and it will allow staff to more easily track valid sidewalk vending permits.  Amendment to 5.82.120.a.5 – Impoundment: Clarifying that four administrative citations may cause items to be impounded. Staff recommends a clarification that with the issuance of a fourth administrative citation to a sidewalk vendor (operator), the sidewalk vendor may have items impounded. This was the intent of the prior language, but the minor proposed revisions will help further clarify the impoundment process.

If the amendments are approved, the Sidewalk Vending Ordinance will have a second reading anticipated to be held on February 28, 2023. The Ordinance will be effective 30 days after the second reading, anticipated to be on March 30, 2023. The start of the second season of the Sidewalk Vending Program will be tentatively scheduled for April 1, 2023.

Program Updates related to Permits, Citations, and Impoundments For the first season of the administration of the Sidewalk Vending Ordinance subject to SCMC Chapter 5.82 (May 2022 through December 2022), staff have the following program updates:
 68 permits issued: Since the implementation of the Sidewalk Vending Program, the Planning and Community Development Department has issued 68 Base Permits, which allows vendors to start their vending in designated zones across from Beach Street and supplements the Park’s Permit to vend on Pacific Ave. A Base Permit application is $30, and a total of $2,040 in permit application fees have been collected as of December 28, 2022. Of the 68 permits, there are 15 vendors selling food and 53 vendors selling merchandise. After receiving the Base Permit, a vendor may apply for a supplemental Park’s Permit administered by the Parks and Recreation Department to set up reservations on Pacific Avenue in designated vending locations and on Beach Street while permitted in the off-season. There have been 45 Park’s Permits issued to date, which is approximately 66% of the Base Permits. The Park’s Permit application is $50, and a total of $2,250 have been collected as of December 28, 2022. The number of active Park’s Permit reservations varies between seasons and locations.  25 written citations have been issued: These citations also include vendors who received multiple violations. The citations were issued by Planning and Community Development Code Enforcement Officers and contracted Code Enforcement Officers.  8 impoundments and 6 releases: There were eight impoundments as a result of multiple violations due to vending without a proper permit or leaving abandoned items. Nearly all of the impoundments resulted in vendors coming in the next business day to claim the items. There are two outstanding impoundments for merchandise that have not been released due to items being abandoned and not claimed.
 Staffing: In December 2022, the Planning and Community Development Department filled the vacancy of Code Compliance Supervisor (formerly referenced as Senior Code Compliance Specialist). Staff also finalized a contract with the third-party code

29.3 enforcement agency CSG to supplement enforcement during the peak season of April to October 2023.

Program Updates related to Budget
At the March 22, 2022 City Council meeting, the estimated Sidewalk Vending Program Budget for expenditures was approved as summarized in Table 1 for Fiscal Year (FY) 2022. Staff was also directed to return to City Council to provide a program cost update for FY 2023, which is summarized in Table 2, as well as projections for FY 2024, which is summarized in Table 3.  FY 2022 Summary (Table 1): In FY 2022, the total amount spent was $54,364 of the $205,110 approved. A total of $52,442 was spent on contracted code compliance support and $1,922 was spent in small tools and equipment, including citation booklets, identification badge printer, and badge printer materials. The remaining unspent funds of $150,746 from the approved FY 2022 budget were not encumbered in a purchase order from FY 2022. As a result, the remaining budgeted funds were not carried over into FY 2023.
 FY 2023 Summary (Table 2): FY 2023 funding for the Sidewalk Vending Program was requested and granted at the March 22, 2022 meeting, but $205,120 of the $370,120 funds were inadvertently omitted in the subsequent Planning and Community Development Department FY 2023 budget approval. The Department submitted a midyear budget adjustment to carry over the funds to have the $205,120 funds included in the FY 2023 budget.

The Department was able to successfully recruit for the Code Compliance Supervisor (formerly referenced as the Senior Code Compliance Specialist) in December 2022 to help support enforcement and further implement the Sidewalk Vending Program.  FY 2024 Tentative Estimates (Table 3): Staff is recommending an estimated tentative budget of $264,000 for FY 2024 to include:
o Code Compliance Supervisor: $165,000
o Contract Code Compliance Support: $80,000
o Code Compliance Support Overtime: $18,500
o Miscellaneous Services and Supplies: $500
Below is the summary of estimated compared to actual expenditures for Sidewalk Vending Program from FY 2022 to FY 2024:

29.4 Table 1: FY 22 from 3/22/22 to 6/30/22
Estimated vs. Actual Sidewalk Vending Program Budget (Activity 2305) FY 22 – 3/22/22 to 6/30/22 Estimates
Approved
at
3/22/22
Meeting
Actual
As of 6/30/22
Contract Code Compliance Support $140,800 $52,442
Contract Security Support 1 $31,910 0
Software Licenses (3-year contract) 2 $25,000 0
Small Tools and Equipment $7,300 $1,922
Miscellaneous Services and Supplies $100 0
Total for FY 2022 $205,110 $54,364
1 Funds were used towards contracted code enforcement, and Community Service Officers assisted with security rather than contracted security support. 2 Did not use intended AIMS license for electronic citation system, as it was found incompatible with sidewalk vending enforcement. Staff purchased paper citation booklets to issue citations.

Table 2: FY 23 from 7/1/22 to 6/30/23
Estimated vs. Actual vs. Expected Total for Sidewalk Vending Program Budget FY 23 – 7/1/22 to 6/30/23 Estimates
Approved at
3/22/22
Meeting
(A)
Actual
As of
2/1/23
(B)
Expected
Additional
Expenditures
until 6/30/23
A + B Totals
Position approved included in FY 23 Budget
Senior Code Compliance
Specialist
(Renamed as Code
Compliance Supervisor)
$165,000 $27,5003 $68,750 $96,250
Subtotal: $165,000 $96,250
Funding approved for FY 23 Budget 4
Contract Code Compliance
Support
(6 months)
$140,800 $161,6735 $32,480 $194,153
Contract Security Support6
(6 months)
$63,820 0
Miscellaneous Services and
Supplies
$500 0 $500 $500
Subtotal: $205,120 $194,6537

GRAND TOTAL
ESTIMATES:
$370,120 $290,903
3 Position was filled on December 10, 2022 at the fully burdened rate (including salary and all benefits) of $165,000.
4 Submitted a mid-year budget adjustment to correct the addition of funds approved for FY 23 at the March 22, 2022 City Council meeting but was inadvertently not included in the Department operating budget.

29.5 5 This billing is from July 1, 2022 to November 25, 2022 for services contracted through CSG for billing of code enforcement.
6 Funds were used towards contracted code enforcement, and Community Service Officers are assisting with security rather than contracted security support. 7Staff intends to utilize approximately $10,400 towards overtime compensation for regular Code Enforcement staff.

Table 3: FY 24 from 7/1/23 to 6/30/24
Tentative Estimates for Sidewalk Vending Program Budget FY 24 – 7/1/23 to 6/30/24 Tentative Estimates for FY 24 Code Compliance Supervisor
(Formerly referenced as Senior Code Compliance
Specialist)
$165,000
Contract Code Compliance Support
(weekend and holiday support)
$80,000
July – October 2023, April – June 2024 (7 months)
Overtime for regular Code Compliance Support
(weekend and holiday support)
$18,500
Miscellaneous Services and Supplies $500
Tentative Estimate Total: $264,000
FISCAL IMPACT: For FY 2023, the amount of $205,120 was submitted as a mid-year budget adjustment. For FY 2024, the tentative estimate for General Fund cost is $264,000. Staff will continue to review estimates for the program, and further program estimates will be submitted as part of the regular budget process for Council’s consideration.

Prepared By:

Viviane Nguyen
Principal Management
Analyst
Submitted By:

Lee Butler
Planning & Community
Development Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE - CLEAN

2. ORDINANCE – TRACK CHANGES

29.6 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE CHAPTER 5.82, “SIDEWALK VENDING” AT SECTIONS

5.82.020, 5.82.030, 5.82.040, 5.82.050, 5.82.060, AND 5.82.120 WHEREAS, in 2019, California Senate Bill (“SB”) 946 (Sidewalk Vendors) became law, decriminalizing commercial sidewalk vending and limiting local governments’ ability to restrict sidewalk vending.

WHEREAS, on April 12, 2022, the City Council passed Ordinance No. 2022-03 which created Santa Cruz Municipal Code Chapter 5.82, “Sidewalk Vending”.

WHEREAS, in the summer of 2022, the City implemented Santa Cruz Municipal Code Chapter 5.82. and City staff’s experiences with the Chapter have informed staff’s recommended code changes, which are contained in this ordinance.

WHEREAS, the intent of this ordinance is to add minor amendments to Chapter 5.82 in a way that furthers the Chapter’s goals of regulating sidewalk vending in a way that (a) complies with state law; (b) addresses objective public health, safety, and welfare concerns; (c) promotes the public’s use and enjoyment of natural resources and recreational opportunities; and (d) prevents an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks and open spaces.

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

Section 1. Santa Cruz Municipal Code section 5.82.020 “Definitions” is hereby amended as follows:

5.82.020 DEFINITIONS.

For the purpose of this chapter, the following words and phrases are defined as follows:
(a) “City-demarcated vending and display zones” means those areas specifically set aside for sidewalk vending, operating vending display devices, operating other display devices, and/or conducting First Amendment activities. The city-demarcated vending and display zones on Pacific Avenue are marked on the sidewalk, and an up-to-date, accurate copy of the map of Pacific Avenue city-demarcated vending and display zones shall be posted on the city’s website. The citydemarcated vending and display zones on Pacific Avenue must permit a reasonable amount of sidewalk vending on Pacific Avenue, but also must limit vending on Pacific Avenue solely based on objective health, safety, or welfare concerns.
(b) “Director” means the director of the planning and community development department or their designee.

29.7 ORDINANCE NO. 2023-XX
(c) “Farmers’ market” or “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(d) “Food” means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum and/or any other items defined as food by the California Retail Food Code. (e) “Food sidewalk vendor” means any type of sidewalk vendor offering products defined as food.
(f) “Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.
(g) “No vending or limited vending zone” means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The city council may establish no vending or limited vending zones by resolution, as set forth in Section 5.82.080(c). (h) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(i) “Sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, pedestrian path, park, or other public property, with or without the assistance of a vending display device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation. (j) “Sidewalk vending permit” means a permit or card issued by the city to a sidewalk vendor pursuant to Section 5.82.040.
(k) “Sidewalk vendor” means a person who sells food or merchandise from a vending display device or from one’s person, upon a public sidewalk, pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors. (l) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (m) “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code and any regulations adopted pursuant to that article.
(n) “Temporary special permit” is any permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit pursuant to Chapter 15.34, a major public special event permit pursuant to Chapter 10.64, or any other type of city-issued temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.

29.8 ORDINANCE NO. 2023-XX
(o) “Vending display device” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. “Vending display device” does not include any street furniture such as benches or planters, any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks. (p) “Enforcement official” means any person designated by the City Manager to enforce this chapter and includes, but is not limited to: planning and community development department or parks and recreation department staff tasked with code enforcement or compliance, all Santa Cruz Police Department sworn personnel and Community Service Officers, and/or any City-contracted code enforcement officer or specialist.

Section 2. Santa Cruz Municipal Code section 5.82.030 “Sidewalk Vending Conduct” is hereby amended as follows:

5.82.030 SIDEWALK VENDING CONDUCT.
(a) Sidewalk vendors shall comply with this section in order to prevent unreasonable pedestrian and vehicular traffic; improper disposal of trash; provide coastal access; assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares; minimize trip and fall hazards; address visibility concerns; prevent glare for drivers; and address other public health, safety, and welfare concerns:
(1) Vending display devices shall be at least eighteen inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(2) No food sidewalk vendor may be accompanied by or in the custody or possession of a dog or any other animal. Merchandise sidewalk vendors may have one leashed animal. (3) Except for the brief duration of time for a roaming sidewalk vendor to conduct sale, to maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to a minimum of forty-eight inches, excluding the curb and excluding any sidewalk areas that are made non-passable due to any posts, parking meters, street trees, planters, or signs that have been installed on the sidewalk. Sidewalk vendors shall maintain their vending display devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time, may a sidewalk vendor operate in such a fashion that would violate the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices.
(4) Sidewalk vendors may not use easy-ups, tents, or similar shade structures unless their sidewalk vending permit specifically authorizes such use. Use of these types of structures

29.9 ORDINANCE NO. 2023-XX
may be requested in a sidewalk vending permit application. (See Section .) The size of a City-permitted shade structure or vending display device may vary depending on the location, but in no event may a sidewalk vendor’s total operational size (including any shade structure or vending display device) exceed the total operational size allowed in the City’s condition of use issued to the sidewalk vendor.
(5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (6) Sidewalk vendors may not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic. (7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending display device. (8) Vendors may not use generators unless their sidewalk vending permit explicitly allows for generator use. Use of generators may be requested in a sidewalk vending permit application. (See Section 5.82.050.)
(9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a fifteen-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash associated with their business and may not use city receptacles for this purpose. (10) Sidewalk vendors must properly dispose of fats, grease, and oil as required in Santa Cruz Municipal Code Chapter 16.19.
(11) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending display device a valid permit from the county of Santa Cruz environmental health division.
(12) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending display device a valid sidewalk vending permit issued to the person vending pursuant to Section 5.82.040. A properly permitted sidewalk vendor must remain on-site for all vending activities.
(13) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards set forth in Titles 6 and 16 including, but not limited to, the product regulations set forth in Chapter 6.48 (Environmentally Acceptable Food Packaging), Chapter 6.49 (City of Santa Cruz Bag

29.10 ORDINANCE NO. 2023-XX
Reduction Ordinance), and Chapter 16.19 (Storm Water and Urban Runoff Pollution Control); and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
(14) Vending display devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending display device shall become a permanent fixture on the vending site or be considered an improvement to real property. (15) Vending display devices shall not be left or stored unattended on public property or within the public right-of-way.
(16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or insects; (B) items prohibited from being sold or distributed by Chapter 6.48 (Environmentally Accepted Food Packaging) or Chapter 6.49 (City of Santa Cruz Bag Reduction Ordinance); or (C) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal. See Section 5.82.140(c).
(17) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (A) vending display devices, items placed on or in vending display devices, and associated seating; and (B) personal belongings wholly contained underneath or inside of a vending display device. (18) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. (19) Sidewalk vendors shall not unreasonably interfere with access or use of city infrastructure, including city benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles, or recycling receptacles.
(20) Sidewalk vendors shall not block access to or create unreasonable congestion at: (A) a corner of any street intersection; (B) any fire hydrant, fire call box, emergency exit, or other emergency facility; (C) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (D) any building entrance or stairway access point; (E) any driveway or driveway apron; (F) upon or within any roadway, median strip, or dividing section; or (G) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable. (21) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.

29.11 ORDINANCE NO. 2023-XX
(22) Sidewalk vendors shall not operate or vend in a way that violates the terms or conditions of their sidewalk vending permit or parks vending permit (if applicable). (b) The city manager or their designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this chapter and to address objective health, safety and welfare concerns. A violation of such regulations shall constitute a separate violation of this chapter.

Section 3. Santa Cruz Municipal Code section 5.82.040 “Sidewalk Vending Permit Application” is hereby amended as follows:

5.04; and (3) if applicable, a parks vending permit, issued pursuant to Section 5.82.090. (b) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the planning and community development department, accompanied by an application fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain the following:
(1) The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.);
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members. If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager; (3) A description of the sidewalk vendor’s total operational size; (4) A description of the food or merchandise offered for sale; (5) A description of, along with the dimensions of, the vending display device that will be used;
(6) The hours per day and the days per week during which the applicant sidewalk vendor proposes to operate;
(7) A description of the area(s) where the applicant sidewalk vendor wishes to operate; (8) Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
(9) A sidewalk vendor applicant must provide a copy of a valid business license issued pursuant to Chapter 5.04 prior to issuance of a sidewalk vending permit. Each separate

29.12 ORDINANCE NO. 2023-XX
concurrently operating vending location requires its own business license and sidewalk vending permit.
(10) A copy of a valid California seller’s permit pursuant to Revenue and Taxation Code Section 6067;
(11) A copy of the applicant’s California driver’s license, California identification card, U.S. Passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government; (12) Certification by the applicant, under penalty of perjury, that the information contained in the application is true to their knowledge and belief; (13) If a food sidewalk vendor, proof of all required approval(s) from the county of Santa Cruz environmental health division and copies of any applicable discharge permits; (14) An acknowledgement of having read and an agreement to abide by this Chapter 5.82 (Sidewalk Vending), Chapter 6.48 (Environmentally Acceptable Food Packaging), 6.49 (City of Santa Cruz Bag Reduction Ordinance), and Chapter 16.19 (Storm Water and Urban Runoff Pollution Control); and
(15) The following release, indemnification, and acknowledgement requirements:
(A) An agreement by the applicant to waive and release the city and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments (including attorneys fees and court costs) related to or arising out of the applicant’s sidewalk vending activities. (B) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the city, its officers, agents, employees, contractors, and volunteers from and against any and all claims related to or arising out of the applicant’s sidewalk vending activities.
(C) An acknowledgement and agreement that the applicant’s use of the sidewalk or other city facilities is at the applicant’s own risk, and it is not the city’s responsibility to ensure that the vending location is safe or conducive to the vending activities.

Section 4. Santa Cruz Municipal Code section 5.82.050 “Sidewalk Vending Permit Approval, Conditions, Denial, or Revocation” is hereby amended as follows:

5.82.050 SIDEWALK VENDING PERMIT APPROVAL, CONDITIONS, DENIAL, OR REVOCATION.
(a) The director or their designee shall approve the issuance of the sidewalk vending permit unless they determine that:

29.13 ORDINANCE NO. 2023-XX
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; or
(2) The proposed operations contained in the application are contrary to the provisions of this chapter, or are contrary to any regulations promulgated pursuant to Section

5.82.030(b); or
(3) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or (4) The applicant has failed to demonstrate an ability to conform to the operating standards set forth in this chapter or any standards set forth in regulations promulgated pursuant to Section 5.82.030(b); or
(5) The applicant has failed to pay or otherwise resolve any previous administrative citations associated with a previous violation of this chapter; or (6) The location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or
(7) The proposed vending operations are illegal, and/or the city’s approval of a sidewalk vending permit would be contrary to legal requirements applicable to the city. (b) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(c) The director or their designee may add reasonable sidewalk vending permit conditions, regulating the time, place, and manner of sidewalk vending. Such conditions must be (1) consistent with this chapter and any regulations promulgated pursuant to Section 5.82.030(b), and (2) directly related to objective public health, safety, or welfare concerns, or directly related to legal requirements applicable to the city. A violation of the sidewalk vending permit conditions is considered a violation of this chapter.
(d) Use of a shade structure may be requested in a sidewalk vending permit application and Park’s Vending Permit application, and such request will be granted if: (1) there is adequate space for the shade structure at the proposed vending location (including any space needed for pedestrians (including disabled pedestrians), vehicles, and bicyclists), (2) use of the shade structure at the proposed location would not adversely impact or put at risk public health, safety, or welfare, and (3) use of the shade structure at the proposed location would not be contrary to legal requirements applicable to the city.
(e) Use of a generator may be requested in a sidewalk vending permit application, and such request will be granted if the proposed generator use: (1) will not create unreasonable noise, trip and fall hazards, or other adverse risks or impacts to public health, safety, or welfare; (2) is not otherwise illegal or contrary to legal requirements applicable to the city; and (3) is approved by all

29.14 ORDINANCE NO. 2023-XX
appropriate regulating entities, such as the Monterey Bay Air Resources District (MBARD), if those appropriate regulating entities require generator use approval. (f) The director or their designee may revoke a sidewalk vending permit for a fourth or subsequent violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit. (g) Any person whose application for a sidewalk vending permit is denied, revoked, or conditioned in a way that the applicant believes is not in accordance with applicable legal requirements may appeal such decision to the city manager by filing a written notice of appeal with the city manager or their designee within ten calendar days after receipt of the notice of denial, conditions, or revocation. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. If the appeal is successful, the hearing officer will order the City to return the fee paid for appeal.

Section 5. Santa Cruz Municipal Code section 5.82.060 “Sidewalk Vending Permit Expiration and Renewal” is hereby amended as follows:

5.82.060 SIDEWALK VENDING PERMIT EXPIRATION AND RENEWAL.

A sidewalk vending permit shall expire on September 30 of each calendar year, irrespective of whether a twelve-month period has elapsed since the original issuance of the permit. A city sidewalk vending permit shall also be deemed null and void upon the revocation or expiration of:
(a) the related city issued business license, (b) a required permit from the Santa Cruz County department of environmental health, and/or (c) the California seller’s permit pursuant to Revenue and Taxation Code Section 6067.

Section 6. Santa Cruz Municipal Code section 5.82.120 “Impoundment” is hereby amended as follows:

5.82.120 IMPOUNDMENT.
(a) The city may impound vending display devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or (2) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by Section 5.82.110(f); and (C) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit (and/or, if applicable, a valid applicable parks vending permit); and (B) also refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or

29.15 ORDINANCE NO. 2023-XX
(4) Is (A) creating an imminent and substantial safety or environmental hazard by the location of the vending display device or the nature of the goods being offered for sale, and (B) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a twenty-four-month period, been issued four or more administrative citations for violations of this chapter.
(b) The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the city under Title 4, and if successful in their appeal, may have their property returned without paying an impound fee.

The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The city council may by resolution adopt impound fees, which shall reflect the city’s enforcement, investigation, storage, and impound costs. (f) Any unclaimed items will be considered abandoned and forfeited to the city after ninety days following impoundment.

PASSED FOR PUBLICATION this 14th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

29.17 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE CHAPTER 5.82, “SIDEWALK VENDING” AT SECTIONS

5.82.020, 5.82.030, 5.82.040, 5.82.050, 5.82.060, AND 5.82.120.

WHEREAS, in 2019, California Senate Bill (“SB”) 946 (Sidewalk Vendors) became law, decriminalizing commercial sidewalk vending and limiting local governments’ ability to restrict sidewalk vending.

WHEREAS, on April 12, 2022, the City Council passed Ordinance No. 2022-03 which created Santa Cruz Municipal Code Chapter 5.82, “Sidewalk Vending”.

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

Section 1. Santa Cruz Municipal Code section 5.82.020 “Definitions” is hereby amended as follows:

5.82.020 DEFINITIONS.

For the purpose of this chapter, the following words and phrases are defined as follows:
(a) “City-demarcated vending and display zones” means those areas specifically set aside for sidewalk vending, operating vending display devices, operating other display devices, and/or conducting First Amendment activities. The city-demarcated vending and display zones on Pacific Avenue are rectangles marked with brass markerson the sidewalk, and an up-to-date, accurate copy of the map of Pacific Avenue city-demarcated vending and display zones shall be posted on the city’s website. The city-demarcated vending and display zones on Pacific Avenue must permit a reasonable amount of sidewalk vending on Pacific Avenue, but also must limit vending on Pacific Avenue solely based on objective health, safety, or welfare concerns. (b) “Director” means the director of the planning and community development department or their designee.
(c) “Farmers’ market” or “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

29.18 (d) “Food” means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum and/or any other items defined as food by the California Retail Food Code. (e) “Food sidewalk vendor” means any type of sidewalk vendor offering products defined as food.
(f) “Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.
(g) “No vending or limited vending zone” means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The city council may establish no vending or limited vending zones by resolution, as set forth in Section 5.82.080(c). (h) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(i) “Sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, pedestrian path, park, or other public property, with or without the assistance of a vending display device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation. (j) “Sidewalk vending permit” means a permit or card issued by the city to a sidewalk vendor pursuant to Section 5.82.040.
(k) “Sidewalk vendor” means a person who sells food or merchandise from a vending display device or from one’s person, upon a public sidewalk, pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors. (l) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (m) “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code and any regulations adopted pursuant to that article.
(n) “Temporary special permit” is any permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit pursuant to Chapter 15.34, a major public special event permit pursuant to Chapter 10.64, or any other type of city-issued temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. (o) “Vending display device” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. “Vending display device” does not include any street furniture such as benches or planters, any

29.19 other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks.
(p) “Enforcement official” means any person designated by the City Manager to enforce this chapter and includes, but is not limited to: planning and community development department or parks and recreation department staff tasked with code enforcement or compliance, all Santa Cruz Police Department sworn personnel and Community Service Officers, and/or any Citycontracted code enforcement officer or specialist.

Section 2. Santa Cruz Municipal Code section 5.82.030 “Sidewalk Vending Conduct” is hereby amended as follows:

5.82.030 SIDEWALK VENDING CONDUCT.
(a) Sidewalk vendors shall comply with this section in order to prevent unreasonable pedestrian and vehicular traffic; improper disposal of trash; provide coastal access; assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares; minimize trip and fall hazards; address visibility concerns;, prevent glare for drivers; and address other public health, safety, and welfare concerns:
(1) Vending display devices shall be at least eighteen inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(2) No food sidewalk vendor may be accompanied by or in the custody or possession of a dog or any other animal. Merchandise sidewalk vendors may have one leashed animal. (3) Except for the brief duration of time for a roaming sidewalk vendor to conduct sale, Tto maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to a minimum of forty-eight inches, excluding the curb and excluding any sidewalk areas that are made non-passable due to any posts, parking meters, street trees, planters, or signs that have been installed on the sidewalk except for the brief duration of time for a roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending display devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time, may a sidewalk vendor operate in such a fashion that would violate the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices.
(4) Sidewalk vendors may not use easy-ups, tents, or similar shade structures unless their sidewalk vending permit specifically authorizes such use. Use of these types of structures may be requested in a sidewalk vending permit application. (See Section

5.82.050.) The size of a City-permitted shade structure or vending display device may

29.20 vary depending on the location, but in no event may a sidewalk vendor’s total operational size (including any shade structure or vending display device) exceed the total operational size allowed in the City’s condition of use issued to the sidewalk vendor. (5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (6) Sidewalk vendors may not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic. (7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending display device. (8) Vendors may not use generators unless their sidewalk vending permit explicitly allows for generator use. Use of generators may be requested in a sidewalk vending permit application. (See Section 5.82.050.)
(9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a fifteen-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash associated with their business and may not use city receptacles for this purpose. (10) Sidewalk vendors must properly dispose of fats, grease, and oil as required in Santa Cruz Municipal Code Chapter 16.19.
(11) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending display device a valid permit from the county of Santa Cruz environmental health division.
(12) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending display device a valid sidewalk vending permit issued to the person vending pursuant to Section 5.82.040. A properly permitted sidewalk vendor must remain on-site for all vending activities.
(13) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards set forth in Titles 6 and 16 including, but not limited to, the product regulations set forth in Chapter 6.48 (Environmentally Acceptable Food Packaging), Chapter 6.49 (City of Santa Cruz Bag Reduction Ordinance), and Chapter 16.19 (Storm Water and Urban Runoff Pollution Control); and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

29.21 (14) Vending display devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending display device shall become a permanent fixture on the vending site or be considered an improvement to real property. (15) Vending display devices shall not be left or stored unattended on public property or within the public right-of-way.
(16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or insects; (B) items prohibited from being sold or distributed by Chapter 6.48 (Environmentally Accepted Food Packaging) or Chapter 6.49 (City of Santa Cruz Bag Reduction Ordinance); or (C) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal. See Section 5.82.140(c).
(17) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (A) vending display devices, items placed on or in vending display devices, and associated seating; and (B) personal belongings wholly contained underneath or inside of a vending display device. (18) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. (19) Sidewalk vendors shall not unreasonably interfere with access or use of city infrastructure, including city benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles, or recycling receptacles. (20) Sidewalk vendors shall not unreasonablyblock access to or create unreasonable congestion at: (A) a corner of any street intersection; (B) any fire hydrant, fire call box, emergency exit, or other emergency facility; (C) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (D) any building entrance or stairway access point; (E) any driveway or driveway apron; (F) upon or within any roadway, median strip, or dividing section; or (G) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.
(21) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(22) Sidewalk vendors shall not operate or vend in a way that violates the terms or conditions of their sidewalk vending permit or parks vending permit (if applicable).

29.22 (b) The city manager or their designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this chapter and to address objective health, safety and welfare concerns. A violation of such regulations shall constitute a separate violation of this chapter.

Section 3. Santa Cruz Municipal Code section 5.82.040 “Sidewalk Vending Permit Application” is hereby amended as follows:

5.82.040 SIDEWALK VENDING PERMIT APPLICATION.
(a) No person may engage in sidewalk vending in the city without first obtaining: (1) a sidewalk vending permit issued pursuant to this section; (2) a business license issued pursuant to Chapter 5.04; (3) if applicable, a mobile vending permit issued pursuant to Chapter 5.22; and (34) if applicable, a parks vending permit, issued pursuant to Section 5.82.090. (b) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the planning and community development department, accompanied by an application fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain the following:
(1) The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.);
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members. If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager; (3) If applicable, the vehicle identification number, make, model, and engine number, and photograph of any mobile vending vehicles (as defined in Section 5.22.010(b)) proposed to be operated in conjunction with any proposed vending operations, or so much of said information as is available at the time of application. A description of the sidewalk vendor’s total operational size;
(4) A description of the food or merchandise offered for sale; (5) A description of, along with the dimensions of, the vending display device that will be used;
(6) The hours per day and the days per week during which the applicant sidewalk vendor proposes to operate;
(7) A description of the area(s) where the applicant sidewalk vendor wishes to operate; (8) Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
(9) A sidewalk vendor applicant must provide a copy of a valid business license issued pursuant to Chapter 5.04 prior to issuance of a sidewalk vending permit. Each separate

29.23 concurrently operating vending location requires its own business license and sidewalk vending permit.
(10) A copy of a valid California seller’s permit pursuant to Revenue and Taxation Code Section 6067;
(11) A copy of the applicant’s California driver’s license, California identification card, U.S. Passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government; (12) Certification by the applicant, under penalty of perjury, that the information contained in the application is true to their knowledge and belief; (13) If a food sidewalk vendor, proof of all required approval(s) from the county of Santa Cruz environmental health division and copies of any applicable discharge permits; (14) An acknowledgement of having read and an agreement to abide by this Chapter

5.82 (Sidewalk Vending), Chapter 6.48 (Environmentally Acceptable Food Packaging),

6.49 (City of Santa Cruz Bag Reduction Ordinance), and Chapter 16.19 (Storm Water and Urban Runoff Pollution Control); and
(15) The following release, indemnification, and acknowledgement requirements:
(A) An agreement by the applicant to waive and release the city and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments (including attorneys fees and court costs) related to or arising out of the applicant’s sidewalk vending activities. (B) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the city, its officers, agents, employees, contractors, and volunteers from and against any and all claims related to or arising out of the applicant’s sidewalk vending activities. (C) An acknowledgement and agreement that the applicant’s use of the sidewalk or other city facilities is at the applicant’s own risk, and it is not the city’s responsibility to ensure that the vending location is safe or conducive to the vending activities.

Section 4. Santa Cruz Municipal Code section 5.82.050 “Sidewalk Vending Permit Approval, Conditions, Denial, or Revocation” is hereby amended as follows:

5.82.050 SIDEWALK VENDING PERMIT APPROVAL, CONDITIONS, DENIAL, OR REVOCATION.
(a) The director or their designee shall approve the issuance of the sidewalk vending permit unless they determine that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; or

29.24 (2) The proposed operations contained in the application are contrary to the provisions of this chapter, or are contrary to any regulations promulgated pursuant to Section

29.25 (f) The director or their designee may revoke a sidewalk vending permit for a fourth or subsequent violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit. (g) Any person whose application for a sidewalk vending permit is denied, revoked, or conditioned in a way that the applicant believes is not in accordance with applicable legal requirements may appeal such decision to the city manager by filing a written notice of appeal with the city manager or their designee within ten calendar days after receipt of the notice of denial, conditions, or revocation. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. If the appeal is successful, the hearing officer will order the City to return the fee paid for appeal.

Section 5. Santa Cruz Municipal Code section 5.82.060 “Sidewalk Vending Permit Expiration and Renewal” is hereby amended as follows:

5.82.060 SIDEWALK VENDING PERMIT EXPIRATION AND RENEWAL.

A sidewalk vending permit shall be valid for twelve months from the date of issuance, expire on September 30 of each calendar year, irrespective of whether a twelve-month period has elapsed since the original issuance of the permit. except a A city sidewalk vending permit shall also be deemed null and void upon the revocation or expiration of: (a) the related city issued business license, (b) a required permit from the Santa Cruz County department of environmental health, and/or (c) the California seller’s permit pursuant to Revenue and Taxation Code Section 6067.

Section 6. Santa Cruz Municipal Code section 5.82.120 “Impoundment” is hereby amended as follows:

29.26 goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a twenty-four-month period, been issued four or more administrative citations for violations of this chapter. been found responsible for violating this chapter four or more times has been issued.
(b) The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the city under Title 4, and if successful in their appeal, may have their property returned without paying an impound fee. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The city council may by resolution adopt impound fees, which shall reflect the city’s enforcement, investigation, storage, and impound costs. (f) Any unclaimed items will be considered abandoned and forfeited to the city after ninety days following impoundment.

PASSED FOR PUBLICATION this 14th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred K eeley, M ay o r
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this ____ day of ____, 2023, by the following vote:

AYES:

29.27 NOES:

ABSENT:

DISQUALIFIED:

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

This is to certify that the above and
foregoing document is the original of
Ordinance No. 202x-xx and that it has
been published or posted in accordance
with the Charter of the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

29.28 Planning and Community Development
Planning & Community Development Department
City Council | February 14, 2023
Agenda Item #29
Sidewalk Vending Ordinance
Administrative Amendments
& Program Update

29.29 2
Administrative Amendments
• Definitions
• Conduct
• Permit application process
• Conditions of approval
• Expiration & renewal

29.30 3
2022 Permits, Citations, & Impoundments
68 Permits Issued
25 Written
citations issued
8 Impoundments

29.31 4
Administrative Program Update Related to Budget
FY 2022
• Estimated Approved at 3/22/22 City Council: $205K
• Actual Spent: $54K
FY 2023
• Estimated Approved at 3/22/22 City Council: $205K
• Expected Expenditures to 6/30/23: $194K
• Excludes Code Compliance Supervisor at $165K fully benefited FY 2024
• Tentative Estimates: $135K
• Excludes Code Compliance Supervisor at $165K fully benefited

29.32 5
Recommendation
Motion to:
1) Introduce for publication an ordinance amending Santa Cruz Municipal Code (SCMC) Chapter 5.82 (“Sidewalk Vending”); and 2) Accept the Sidewalk Vending Program update.

29.33 City Council

AGENDA REPORT
DATE: 02/01/2023
AGENDA OF: 02/14/2023
DEPARTMENT: Finance
SUBJECT: FY 2023 Budget Adjustments and Information on City’s Financial Status (FN)
RECOMMENDATION: Motion to:
1) Receive a presentation on the City of Santa Cruz’s financial status; 2) Adopt a resolution amending FY 2023 budget appropriation of expenditures to all funds as listed in Exhibit A, in the amount of $15,048,374 including a reduction of $2,924,656 to the General Fund, and a total appropriation of estimated revenues as listed in Exhibit A in the amount of $5,788,384 to all funds, including a net addition of $969,552 to the General Fund; and 3) Authorize the City Manager to allocate budgetary changes within the applicable funds and departments.

BACKGROUND: The purpose of this agenda item is to provide a presentation to the City Council and community about the City’s financial standing at the half-way point of our current fiscal year (FY). In the normal course of a budget year, adjustments need to be made for administrative corrections and/or cleanup; items that are required as departments implement work plans in alignment with the City’s strategic goals; and in response to unanticipated needs.

DISCUSSION: The following proposed FY 2023 budget adjustments are summarized by Fund and Department, a comprehensive list is included in Exhibit A.

General Fund (101)
City Manager’s Office
Total General Fund Expenditure Adjustment: $58,000
As part of the Homelessness Response Program, $110,000 was budgeted for transportation as part of a contract. Due to vendor contractor limitations, that funding is being moved to temporary employee costs to provide transportation for city shelter programs.

Last year, $50,000 was allocated to citywide grant writing services. Reallocation of this funding was inadvertently missed during the FY 2023 budget process and is requested to be added again.

30.1.1 One of the City’s ongoing Climate Action Program initiatives is a Carbon Fund that enhances the City’s ability to invest in carbon reducing projects that align with the goals of the Climate Action Plan. Annually, departments submit project proposals that are evaluated by the Sustainability Team, a cross-sector group of employees representing all City departments. This fiscal year, the Carbon Fund awarded a total of $40,000 toward carbon reducing projects as listed in Exhibit B, which is summarized under each department in this report. The City Manager’s Office was awarded $8,000 toward professional services for the Climate and Energy Action Plan community incentives and an induction cooktop loaner program.

Economic Development and Housing
Total General Fund Revenue Adjustment: $300,000
The loan payment for the Warriors Arena was missed in the FY 2023 budget preparation.

Fire Department
Total General Fund Revenue Adjustment: $172,787
Total General Fund Expenditure Adjustment: $35,000
The revenue portion for the Emergency Operations Center (EOC) in the Cost Allocation Plan was missed.

A budget adjustment for expenditures in Other Pay for On-Call Fire Investigator compensation in the amount of $35,000 was missed in the FY 2023 budget Parks and Recreation Department
Total General Fund Revenue Adjustment: $525,500
Total General Fund Expenditure Adjustment: $234,500
Based on the revenue collected for the first half of the year, the Golf Course is increasing its revenue projection as well as the operator payments. The net is an increase to revenues in the amount of $325,500.

Recreation classes have seen an increase in attendance. As a result, the revenues are coming in higher than anticipated. There is also a need to add more classes so an increase in instructor payments is needed. The net increase to revenues is $65,000.

An appropriation increase in the amount of $35,000 for tree work.

A correction to the Water, sewer and refuse account in the amount of $30,000 is needed. This amount was removed from the budget accidentally.

Parks and Recreation were also recipients of the City’s Carbon Fund Project grants; the proposed projects will upgrade lighting to LED at the Depot Park Freight Building and the Civic theatre,

30.1.2 as well as the electric conversion of gas landscaping equipment. In total, all three projects will receive a transfer of $27,000 from the Carbon Fund into the Parks and Recreation budget.

There is a correction to revenues from the General Fund 101 to the Civic Equip Maintenance/Replacement Fund (121) in the amount of $7,500.

Planning and Community Development
Total General Fund Revenue Adjustment: $(340,000)
Total General Fund Expenditure Adjustment: $220,620
Revenue was added in error for Landlord Code Enforcement Fees during budget input process.

The Public Works department entered in a lease to purchase agreement with Nissan for three Nissan Leafs in 2019. The Planning Building division received one of the Leafs (vehicle# 189), used by the Building Division. The term is ending in January 2023 and, after analysis of the vehicles' condition, their value and the bloated vehicle market values currently, it is the City's best interest to purchase the Leafs at the end of the lease term instead of entering into a new lease with new vehicles or purchasing new vehicles outright. As it is an electric vehicle, it contributes to the City's fleet electrification goals. The amount of this appropriation is $15,500.

Budget for FY 2023 Sidewalk Vending Program was not included in adopted budget in error.

Council approved the FY 2022 appropriation, had publication of the Ordinance, and Resolution of a new fee to support this program. The amount of this budget is $205,120.

Police Department
Total General Fund Expenditure Adjustment: $132,801
As part of the new fiscal year process, purchase orders from the prior year are evaluated and determined if they need to be carried over to the next year. During this process, two purchase orders were missed. Encumbering these two purchase orders (PO 20-22055 and PO 22-22057) in FY 2023 totaling $89,470.

An unforeseen increase in charges for the SCR 9-1-1 (Santa Cruz Regional 9-1-1) Joint Powers Authority necessitates an increase in appropriations in the amount of $43,331.

Public Works Department
Total General Fund Revenue Adjustment: $170,000
Total General Fund Expenditure Adjustment: $211,925
When the Energy Efficiency division was preparing the FY 2023 operating budget in early 2022, it was estimated that the division would receive $10,000 for energy rebates and incentives. As programs have been established through the fiscal year, the division is anticipating more revenue through California Electric Vehicle Infrastructure Project (CalEVIP) incentives and Low Carbon Fuel Standard (LCFS) credits from public parking lot charging stations, increasing the revenue by $170,000 in the General Fund.

30.1.3 The Public Works department entered in a lease to purchase agreement with Nissan for three Nissan Leafs in 2019. The Engineering division received one of the Leafs (vehicle# 186), used by all Public Works Engineering division staff. The term is ending in January 2023 and, after analysis of the vehicles' condition, their value and the bloated vehicle market values currently, it is the City's best interest to purchase the Leafs at the end of the lease term instead of entering into a new lease with new vehicles or purchasing new vehicles outright. The current vehicle is in great shape and has low mileage. As it is an electric vehicle, it contributes to the City's fleet electrification goals. Starting in FY 2024, there will be no further payments for this vehicle within the operating budget for 4102. This was accidentally not included in planning for the FY 2023 operating budget. The amount of this appropriation is $11,925.

Public Works' new Homelessness Response Field division was established effective 7/1/22.

Other than salary and benefits, no operating funds were budgeted. Funding is being redirected from the Hygiene Bay project to the PW department for the operating budget. The total amount of added appropriation to support this new program is $200,000, which includes one-time startup costs and ongoing operations.

Non-Departmental General Fund
Total General Fund Revenue Adjustment: $969,552
Total General Fund Expenditure Adjustment: $(2,425,656) A revenue correction to Facilities Rent for the Water Department portion of Union/Locust building debt service payment. The expenditure portion was correctly budgeted.

Funding is being redirected from General Capital Investment Program (CIP) to the General Fund to fund Public Works' new Homelessness Response Field division operating budget.

A transfer in from the Liability Fund is added for tree work in the Parks and Recreation department.

The General Fund is a recipient of the City’s Carbon Fund Project grants; the proposed projects are described in the respective departments (CMO and P&R). The projects will receive a transfer totaling of $35,000 from the Carbon.

The budget for a California Energy Conservation (CEC) loan was missed during the budget process.

In November 2006, Measure H was approved by voters as a funding source for street and road improvements. The General Fund received a loan from I-Bank in 2015 to fund some of these projects upfront and loan payments were made from the Measure H funds. The General Fund is transferring $1,100,000 to the CIP-Street Maintenance and Rehabilitation Fund (317) to cover the difference between the Measure H commitment of 1.7M per year and I-Bank debt service payment for 2016 – 2023.

A change in the method of accounting for the funding for high priority CIP projects from the General Fund (101) to the General Fund CIP Reserve (350) instead of the General Capital

30.1.4 Investment Program (311) necessitates multiple transfers within these funds. By changing this process, it will be clearer how these projects receive their funding.

Other Funds
Municipal Wharf Fund (104)
Total Public Trust Fund Expenditure Adjustment: $9,700
Security patrols expenses were added to the Wharf with no budget to support them. The department is currently deficit spending to resource a security guard to patrol at night. The department would like to move to a more cost-effective solution by installing a remote monitoring system to provide on-demand security monitoring/dispatch. To operate the system the remaining four months of FY 2023 would cost (one-time and ongoing) $9,700, but the department would save $28,000 in security patrol fees.

City Public Trust Fund (130)
Total Public Trust Fund Revenue Adjustment: $300,000
The loan principal receipt for the Warriors Area loan was not budgeted for FY 2023. Adding this in will correct this oversight.

Finance Department (132)
Total General Fund Expenditure Adjustment: $60,000
Moving the trustee fee from a revenue offset account (46121) to an expenditure account to correctly show the cost.

Carbon Reduction Fund (133)
Total Carbon Reduction Fund Expenditure Adjustment: $40,000 Annual Carbon Fund transfer to departments for carbon reduction initiatives in the amount of $40,000.

Clean River, Beaches & Ocean Tax Fund (235)
Total Clean River, Beaches & Ocean Tax Fund Expenditure Adjustment: $53,019 A budget adjustment is needed to purchase a beach sweeper.

General Capital Investment Program (311)
Total General Capital Investment Program Fund Expenditure Adjustment: $5,000,000

30.1.5 In the FY 2023 Adopted Budget, the General Fund committed $5,000,000 for high priority projects. The transfer moves this funding to a separate General CIP Fund (350) as to not commingle these funds with other established General Fund CIP projects.

CIP - Sidewalk Construction In-Lieu Fund (315)
Total CIP - Sidewalk Construction In-Lieu Fund Revenue Adjustment: $15,000 Total CIP - Sidewalk Construction In-Lieu Fund Expenditure Adjustment: $15,000 Revenue and expenditures from additional sidewalk repair required this year. Reimbursement is collected from the homeowner.

CIP-Street Maintenance & Rehabilitation Fund (317)
Total CIP-Street Maintenance & Rehabilitation Fund Revenue Adjustment: $(485,168) The CIP-Street Maintenance & Rehabilitation Fund (317) has reductions in revenue in the amount of $1,185,168 due to anticipated grants being unavailable.

The transfer in from the General Fund for Measure H funds is described in the NonDepartmental General Fund section in the amount of $1,100,000.

General Fund CIP Reserve (350)
Total General Fund CIP Reserve Fund Revenue Adjustment: $5,000,000 Transfer in from the General Capital Investment Program Fund (311) for FY 2023 Adopted Budget high priority projects.

Parking Fund (741)
Total Parking Fund Revenue Adjustment: $5,000
Total Parking Fund Expenditure Adjustment: $5,000
The Parking Fund was also a recipient of the City’s Carbon Fund Project grants; the proposed project will provide E-Bike incentives for employees. The project will receive a transfer of $5,000 from the Carbon Fund into the Parking Fund budget.

Equipment Operations Fund (811)
Total Equipment Operations Fund Revenue Adjustment: $6,000 Total Equipment Operations Fund Expenditure Adjustment: $34,402 As a result of purchasing a new Peterson Caterpillar wheel loader, the internal Fleet Fund hourly rental fee has been increased from $62.50 to $87.50 per hour, resulting in an increase of revenue in the amount of $6,000.

30.1.6 The Fleet Maintenance division's pool equipment Peterson Caterpillar wheel loader (vehicle# 900) experienced a catastrophic failure through use and was totaled considering the cost of repairs needed to fix the equipment. The wheel loader is a popular piece of heavy equipment used by many staff Citywide and is a major source of revenue for the Fleet Maintenance division. We were able to secure a wheel loader from Peterson Caterpillar in September 2022 through a lease to purchase agreement. The budget adjust was accidentally omitted from that council report for purchase approval on 9/13/22. The lease is $34,401.50 each fiscal year for 4 years, with a balloon payment in 2026 of $84,720. Rental costs of the equipment will cover the cost budgeted within the Fleet Fund.

Liability Fund (842)
Total Liability Fund Expenditure Adjustment: $0
The Liability Fund is moving appropriations in the amount of $35,000 from Miscellaneous supplies and services to Transfer out to the General Fund for tree work in the Parks and Recreation department.

SA Debt Service Fund (946)
Total SA Debt Service Fund Expenditure Adjustment: $1,390,609 During the FY 2024 budget process, the debt service payment for the Successor Agency (former Redevelopment) was mistakenly missed.

Water Department (711)
Total Water Department Fund Expenditure Adjustment: $5,105,000 The Water Department has expenditure transfers between multiple CIP projects. There is no net increase to expenses with these transfers.

The Water line of credit was paid down in December in the amount of $5,000,000. This budget adjustment will align the budget with the expenditure.

An increase in Water distribution supplies in the amount of $105,000 is needed for repair materials associated with water pipeline repair.

FISCAL IMPACT: The above recommendations will result in a FY 2023 total fund budget increase in the amount of $9,259,990 including a net decrease of $3,894,208 to the General Fund as listed in Exhibit A.

Prepared By:

Tracy Cole
Finance Manager
Submitted By:

Elizabeth Cabell
Director of Finance
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. EXHIBIT A – FY 2023 BUDGET ADJUSTMENT.PDF

2. EXHIBIT B - FY23 CARBON FUND PROJECT CM APPROVAL.PDF

30.1.7 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual
Revenue
Economic Development and Housing
130 Add 130-00-00-0000-49790
Other loan principal
receipts 300,000 x
300,000
Fire
101 Add 101-21-30-2201-44831
Administrative
services chargesindirect 172,787 x
172,787
Parks and Recreation Department
101 Add 101-30-45-3131-44371 Golf course fees 350,000 x 101 Add 101-30-42-3201-44301 Classes 183,000 x
101 Reduce 101-30-42-3213-44314
Civic Auditorium -
General Revenues (7,500) x
121 Add 121-30-42-3213-46219
Civic Equipment
Maint/Replace 7,500 x
533,000
Planning and Community Development
101 Reduce 101-50-73-2304-44268
Housing &
Neighborhoods (340,000) x
(340,000)
Public Works Department
317 Delete c400809- 276-0-0 City Arterial & Collector 317-40-64-9320-43250 State capital grants
and contributions (1,500,000) x
317 Reduce c400809- 400-4000City Arterial & Collector 317-40-64-9311-43252 State capital grants -
RXTPx (85,168) x
315 Add m400004-496
Sidewalk and Landscape
Maintenance Project 315-40-64-4227-46345
Sidewalk in-lieu
charge 15,000 x
811 Add 811-40-61-7836-44859
Equipment - pool
cars 6,000 x
101 Add 101-40-66-4111-46927
Energy
rebates/incentives 170,000 x
(1,394,168)
Non-Departmental
101 Add 101-00-00-0000-46201 Rents - real property 171,265 x 101 Add 101-00-00-0000-49102
From Capital
Improvement
Projects Fund 200,000 x
101 Add 101-00-00-0000-49106 From Liability Fund 35,000 x 101 Add p101901-999-0-0
Climate Energy Action Plan
Community Activation
incentives 101-00-00-0000-49167 From Carbon Fund 4,000 x 101 Add p102311-999-0-0
Induction cooktop loaner
program 101-00-00-0000-49167 From Carbon Fund 4,000 x
101 Add p302301-999-0-0
Depot Park Freight Bldg LED
upgrade 101-00-00-0000-49167 From Carbon Fund 5,000 x

30.1.8 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual
101 Add p302302-999-0-0
Electric conversion of gas
landscaping equip. 101-00-00-0000-49167 From Carbon Fund 12,300 x 101 Add p302303-999-0-0
Civic theatre lighting LED
upgrade 101-00-00-0000-49167 From Carbon Fund 9,700 x
311 Reduce 311-00-00-0000-49180
From General Fund
CIP Reserve Fund (5,000,000) x
311 Add c212306-963-0-0 Butler Building - Fire Station 3 311-00-00-0000-49180 From General Fund CIP 26,500 x 311 Add c212315-963-0-0
Fire Engine 1500 GPM Pierce
Pumper 311-00-00-0000-49180 From General Fund CIP 850,000 x 311 Add c212303-963-0-0 Fire Station # 3 Generator 311-00-00-0000-49180 From General Fund CIP 100,000 x 311 Add c401501-963-0-0 West Cliff Drive Stabilization 311-00-00-0000-49180 From General Fund CIP 500,000 x 311 Add c212305-963-0-0
Fire Engine Ladder Pierce
Tiller 100 311-00-00-0000-49180 From General Fund CIP 1,500,000 x 311 Add c212304-963-0-0 Fire Station 3 Sewer Line 311-00-00-0000-49180 From General Fund CIP 45,000 x 311 Add c302311-963-0-0
DeLaveaga Disc Golf Course
"Pay to Play" 311-00-00-0000-49180 From General Fund CIP 235,000 x 311 Add m609195-963-0-0
Public Facilities -
Maintenance - CEC 311-00-00-0000-49180 From General Fund CIP 200,000 x 311 Add c212301-963-0-0 Fire Stations Paging System 311-00-00-0000-49180 From General Fund CIP 150,000 x 311 Add c302312-963-0-0
Downtown Recovery-Phase IIV 311-00-00-0000-49180 From General Fund CIP 470,000 x 311 Add c302314-963-0-0
Parks Operations Maint. Yard
Improv. 311-00-00-0000-49180 From General Fund CIP 90,000 x 311 Add c302213-963-0-0
Driving Range Outdoor Safety
Improvement 311-00-00-0000-49180 From General Fund CIP 200,000 x 311 Add c302214-963-0-0
Driving Range Roof & Bldg
Improvements 311-00-00-0000-49180 From General Fund CIP 600,000 x 311 Add c402302-963-0-0
Escalona Avenue Storm Drain
Pipe replace 311-00-00-0000-49180 From General Fund CIP 4,000 x 317 Add 317-00-00-0000-49xxx
Transfer fr GF to CIPStreet Maintenance
and Rehabilitaion
Fund 1,100,000 x
350 Add 350-00-00-0000-49101
Transfer fr General
CIP to CIP project
reserve 5,000,000 x
741 Add p402002-999-0-0
Transportation Demand
Mgmt. Development 741-00-00-0000-49167 From Carbon Fund 5,000 x 6,516,765

REVENUES
GENERAL FUND 101
TOTAL 969,552

ALL OTHER FUNDS
TOTAL 4,818,832
TOTAL 5,788,384

30.1.9 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual
Expenditures
City Manager's Office
101 Add
p102202-100-
2020-801
Safe-Sleeping & Shelter
Armory 101-10-16-6105-51122 Temporary personnel 110,000 x 101 Reduce
p102202-100-
2020-801
Safe-Sleeping & Shelter
Armory 101-10-16-6105-57990 Other Capital Outlay (110,000) x 101 Add 101-10-03-1210-52199
Other professional
and technical services 50,000 x
101 Add
p101901-100-
2020-0
Climate Energy Action Plan
Community activation
incentives 101-10-03-1210-52199
Other professional
and technical services 4,000
101 Add p102311-999-0-0
Induction cooktop loaner
program 101-10-03-1210-52199
Other professional
and technical services 4,000
58,000
Finance Department
132 Add 132-14-11-1241-56710
Section 115 Trust
investment fees 60,000 x
842 Add 842-14-18-7821-54990
Miscellaneous
supplies and services (35,000)
842 Add 842-14-18-7821-59101
Miscellaneous
supplies and services 35,000 x
60,000
Fire Department
101 Add 101-21-32-2203-51130 Other Pay 35,000 x
35,000
Parks and Recreation Department
101 Add 101-30-45-3131-52199
Other professional &
technical services 24,500 x
101 Add 101-30-40-3101-54990
Other miscellaneous
supplies & services 3,000 x
101 Add 101-30-41-3105-54990
Miscellaneous
supplies and services 35,000 x
101 Add 101-30-42-3201-52199
Other professional &
technical services 115,000 x
101
Add
101-30-41-3120-52201 Water, sewer and
refuse
$ 30,000 x
101
Add
p302301-100-
2020-0 Depot Park Freight Bldg LED
upgrade
101-30-41-3107-52246 Building and facility o
& m - outside
$ 5,000
x

30.1.10 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual
101
Add
p302302-100-
2020-0 Electric conversion of gas
landscaping equip.
101-30-41-3107-54202 Equipment purchases
- non capital
$ 12,300
x
101
Add
p302303-100-
2020-0 Civic theatre lighting LED
upgrade
101-30-42-3213-54990 Miscellaneous
supplies and services
$ 9,700
x
235 Add 235-40-60-4235-57490
Other machinery and
equipment 53,019 x
287,519
Planning and Community Development
101 Add n/a n/a 101-50-74-2301-52268
Vehicle Lease -
outside 15,500 x
101 Add n/a n/a 101-50-75-2305-52199
Other professional &
technical services -
Contract Code
Compliance Support 140,800 x
101 Add n/a n/a 101-50-75-2305-52199
Other professional &
technical services -
Contract Security
Support 63,820 x
101 Add n/a n/a 101-50-75-2305-54990
Miscelleanous
Services & Supplies 500 x
220,620
Police Department
101 Add
Tessco/Digital Radio Signal
Booster 101-20-23-2107-52246
Facilities &
Maintenance 12,770 x
101 Add
6 Lane 25 Yyard Tactical
Indoor Range Upgrade 101-20-23-2107-57290
Facilities &
Maintenance 76,700 x
101 Add Netcom-RMS 101-20-23-2107-52199
Professional &
Technical Services 43,331 x
132,801
Public Works Department
101 Add 101-40-62-4102-52268
Vehicle lease -
outside 11,925 x
101 Add 101-40-66-6105-52157
Unsheltered
encampment cleanup 50,000 x
101 Add 101-40-66-6105-52139 Medical supplies 2,000 x
101 Add 101-40-66-6105-52158 Security patrols 2,500 x
101 Add 101-40-66-6105-52211 Janitorial services 5,000 x 101 Add 101-40-66-6105-52201
Water, sewer and
refuse 5,600 x
101-40-66-6105-52202
Hazardous materials
disposal 4,500 x

30.1.11 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual
101-40-66-6105-52223
Equip annual
inventory charge -
internal 2,228 x
101-40-66-6105-52226
Vehicle work order
charges - internal 5,000 x
101-40-66-6105-52227
Vehicle fuel island
charges - internal 10,000 x
101 Add 101-40-66-6105-52240
Office equipment
operation/maint 10,000 x
101 Add 101-40-66-6105-52246
Building and facility o
& m - outside 14,217 x
101-40-66-6105-52403
Telecommunications
service - outside 10,000 x
101 Add 101-40-66-6105-53102 Office supplies 5,000 x
101 Add 101-40-66-6105-53105
Small tools and
equipment 20,000 x
101 Add 101-40-66-6105-53110 Computer supplies 5,500 x
101-40-66-6105-53111
Repair parts and
materials 2,500 x
101 Add 101-40-66-6105-53118 Uniform supplies 10,000 x
101 Add 101-40-66-6105-54990
Miscellaneous
supplies and services 20,000 x
101-40-66-6105-57990 Other capital outlay 15,955 x
315 Add m400004 100 2020
Sidewalk and Landscape
Maintenance Project 315-40-64-4227-54307
Maintenance -
Pedestrian 15,000 x
741 Add
p402002-100-
2020-0
Transportation Demand
Mgmt. Development 741-40-64-7401-52199
Other professional
and technical services 5,000 x
811 Add 811-40-61-7836-55586
Vehicle lease -
outside 34,402 x
266,327
Water Department
711 Add
c700002-100-
2020-0
Main Replacements -
Engineering Section 711-70-91-7151-57302 Water systems 300,000 x 711 Reduce
c701507-100-
2020-0
Mains ReplacementsDistribution Section 711-70-97-7151-57302 Water systems (300,000) x 711 Add
c700025-100-
2020-0
GHWTP Facilities
Improvement Project 711-70-91-7152-57302 Water systems 300,000 x 711 Add
c702202-100-
2020-0
CMMS Software Replacement
for Water Dept 711-70-91-7159-57901 Water systems 100,000 x 711 Add
c702304-100-
2020-0
Branciforte Streambank
Restoration 711-70-91-7159-57302 Water systems 500,000 x

30.1.12 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual
711 Reduce
c702105-100-
2020-0
Newell Creek Pipeline -
Felton/Graham Hill 711-70-91-7153-57302 Water systems (900,000) x 711 Add
c702109-100-
2020-0
GHWTP Gate Entrance
Upgrades 711-70-91-7159-57302 Water systems 200,000 x
711 Reduce
c702003-100-
2020-0
Water Program Management
Reserve 711-70-91-7159-57302 Water systems (200,000) x
711 Add 711-70-90-7101-58140 Loan principal 5,000,000 x 711 Add 711-70-97-7108-53204
Purchases for water
inventory-materials 105,000 x
5,105,000
Non-Departmental/Other Funds
101 Add 101-00-00-0000-59123
Transfer fr GF to CIPStreet Maintenance
and Rehabilitaion
Fund 1,100,000 x
101 Add 101-00-00-8110-58140 2018 CEC Loan 82,498 x
101 Reduce 101-00-00-0000-59103
Transfer to General
CIP (5,000,000) x
133 Add 133-00-00-0000-59101 To General Fund 35,000 x
133 Add 133-00-00-0000-59161 To Parking Fund 5,000 x
311 Add 311-00-00-0000-59xxx
Transfer fr General
CIP to CIP project
reserve 5,000,000 x
311 Add 311-00-00-0000-59101 To General Fund 200,000 x
311 Remove
c102205-100-
2020-105 Hygiene Bay 311-10-16-9981-57990 Other capital outlay (200,000) x 311 Add
c212301-100-
2020-0 Fire Stations Paging System 311-21-31-2202-57490 Other Machinery and
Equipment 150,000 x
311 Add
c212302-100-
2020-0
Fire Station 2 Exercise &
Storage Fac. 311-21-31-2202-57490
Other Machinery and
Equipment 750,000 x
311 Add
c212303-100-
2020-0 Fire Station # 3 Generator 311-21-31-2202-57490
Other Machinery and
Equipment 200,000 x
311 Add
c302214-100-
2020-0
Driving Range Roof & Bldg
Improvements 311-30-45-9120-57203 Building remodeling 200,000 x 350 Add 350-00-00-0000-59103
Transfer to General
CIP 4,970,000 x
946 Add 946-52-80-5553-58190 Shaffer OPA 290,411 x
946 Add 946-52-80-5553-58190 Pacifc OPA 187,302 x
946 Add 946-52-80-8110-58110 2011 Series A PR 775,000 x 946 Add 946-52-80-8210-58210 2011 Series A INT 137,896 x 8,883,107

30.1.13 MID-YEAR ADJUSTMENTS FY2022-2023
Fund
Add/
Reduce
/New Project # Project Name GL Account String Account Description Amount Onetime Annual

EXPENDITURES
GENERAL FUND 101
TOTAL (2,924,656)

ALL OTHER FUNDS
TOTAL 17,973,030
TOTAL 15,048,374
NET GENERAL FUND 3,894,208
NET OTHER FUNDS (13,154,198)
NET REV/EXP (9,259,990)

30.1.14 30.1.15

30.1.16 1
Bonnie Bush
From: Garrett <[email protected]>
Sent: Thursday, February 9, 2023 9:44 PM
To: City Council
Subject: 2.14.23 Agenda Item #30.1 and 30.2

2.14.23 Agenda Item #30.1 and 30.2
Dear Council,
Wow that's a lot to absorb, but the bottom line if I read it right is we're going in the hole big time to the tune of
NET REV/EXP = (-9.3 MILLION DOLLARS)????
is that right? WOWEE! To top it off, you are ADDING more employees, what a country! Joe Biden would be proud, but the Fed can print money, can you?? I wish I had something more intelligent to say, but It's happy hour here.

I see you didn't take my advise and budget money to apply to build an emergency reserve fund and make appropriate cuts to expenditures so we can weather the extremes of ups and downs without wondering where the money will come from.

I can only barely imagine if I could blow $9.3 million without a care as to where it comes from.

WHEEE!
(If it were me I'd start with an examination of how many people deal with DEI issues, climate change, an examination of grants to see if they really don't cost an extra something, and see if we couldn't do without that for awhile. If that doesn't do it, there is always calling people in and asking "What exactly do you say you DO around here").

Garrett Philipp - westside

30.1.17 FY2023 Mid Year Update
February 14, 2023
Elizabeth Cabell, Finance Director
Tracy Cole, Budget Manager
Sara DeLeon, Chief People Officer

30.1.18 Agenda
• Outlook for FY23
• Revenue Trends
• FY 2023 Budget Adjustments
• FY 2023 Position Changes
• Budget Strategy
• FY 2024 Budget Calendar

30.1.19 FY2023 Outlook
• Strong start to FY 2023
• Estimate over $10M in storm damage
FY23 Adjusted
Budget
Actuals as of
1/31/2023
Revenue $127M $54.6M
Expenditures $139M $67.7M

30.1.20 General Fund Revenues
- 5 10 15 20 25 30
Charges for Services
Transient Occupancy Tax
Sales Tax
Property Tax
Millions
FY23 (estimated) FY22 FY21 FY20 30.1.21
FY23 Fund Adjustment Highlights
General Fund Revenues
P&R 533K Golf & Rec classes
Public Works 170K Energy Efficiency Revenues
Non-Departmental
(transfers)
270K Funding for Homelessness
Response Field Div in PW,
Carbon Fund projects
General Fund Expenditures
City Manager 8K Carbon Fund Projects
P&R 140K Additional expenses in Rec
classes & Golf
P&R 27K Carbon Fund projects
Public Works 200K Homelessness Response Div
Non-Departmental 1.1M Measure H

30.1.22 Other Fund Adjustment Highlights
• Revenue
• Streets & Sidewalks
• reduction in grant funding of $1.6M
• Additional $1.1M for Measure H
• Expenditures
• Water – $5M credit line repayment

30.1.23 FY23 Major Position Changes
Finance P&R City Manager IT Public Works Water
Add 1.0 FTE
Safety Officer
Add 0.5 FTE
Administrative
Assistant I/II
Add 0.5 FTE
Homelessness
Response Shelter &
Outreach Specialist
Add 1.0 FTE
IT Network and
Systems
Administrator
Add 1.0 FTE
Wastewater
Facilities Lead
Electrical
Instrumentation
Technician
Add 1.0 FTE
Water Facilities
Field Supervisor
Add 1.0 FTE
Senior Accountant
Delete 0.5 FTE
Administrative
Assistant I/II
(moved to P&R)
Delete 1.0 FTE
SCADA Systems
and Network
Administrator
Delete 1.0 FTE
Wastewater
Facilities Electrical/
Instrumentation
Technician II
Add 1.0 FTE
Water SCADA
Analyst
Delete 2.0 FTE
Principal
Management
Analyst
Delete 1.0 FTE
Management
Analyst (LTE)

30.1.24 On-going Budget Strategy
• Continue pursuing cost recovery for
services
• Identify opportunities for Federal and
State aid
• Work with Council Ad Hoc Budget
and Revenue Committee to identify
new revenue sources
• Develop plan to address
infrastructure needs

30.1.25 FY24 Budget Calendar
Milestone Date
Operating and CIP Budget Prep February – May
Budget reviewed by Commissions April – May
Operating & CIP Budgets posted to
website
May 9
Budget Hearings May 23 – 24
Budget Adoption June 13

30.1.26 Recommended Action:
1) Adopt a resolution amending FY 2023 budget appropriation of expenditures to all funds as listed in Exhibit A, in the amount of $15,048,374 including a reduction of $2,924,656 to the General Fund, and a total appropriation of estimated revenues as listed in Exhibit A in the amount of $5,788,384 to all funds, including a net addition of $969,552 to the General Fund; and
2) Authorize the City Manager to allocate budgetary changes within the applicable funds and departments.
3) Adopt a resolution amending the Classification and Compensation Plans and the Mid-Year 2023 Budget Personnel Complement by approving classification and position changes in eight city departments; and
4) Adopt a resolution amending the FY 2023 budget to appropriate funds for the addition of a Facilities Field Supervisor and a SCADA Analyst, and deleting a Management Analyst within the Water Department.

30.1.27 Thank you
City of Santa Cruz – Finance Department

30.1.28 City Council

AGENDA REPORT
DATE: 02/02/2023
AGENDA OF: 02/14/2023
DEPARTMENT: Human Resources
SUBJECT: Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Finance, Parks and Recreation, City Manager, Human Resources, Planning and Community Development, Public Works, Water, and Information Technology (IT) Departments – Budget Adjustment (HR)
RECOMMENDATION: Motion to:
1) Adopt a resolution amending the Classification and Compensation Plans and the Mid-Year 2023 Budget Personnel Complement by approving classification and position changes in eight city departments; and
2) Adopt a resolution amending the FY 2023 budget to appropriate funds for the addition of a Facilities Field Supervisor and a SCADA Analyst, and deleting a Management Analyst within the Water Department.

BACKGROUND: There are staffing and position actions recommended by city departments to be approved by the City Council to the FY 2023 budget and which are expected to improve operational functions and/or are administrative clean up items resulting from the FY 2023 Budget adoption.

DISCUSSION: Departments have determined, through careful analysis and with the assistance of the Human Resources Department that the position and classification recommendations listed below will improve their operational functioning as a result of action taken in the mid FY 2023 budget adoption. The departments are either adding or deleting positions and adding new classifications.

1. FINANCE
Staffing Revision:

Safety Officer New Classification and 1.0 FTE Position Add.

The Finance Department is recommending the exchange of a vacant Principal Management Analyst position for a new classification and 1.0 FTE position of Safety Officer. The Safety Officer will develop, implement and administer occupational safety and health programs for the

30.2.1 City, as well as, disability management of employees with work related injuries. Currently the City does not have a Safety Officer classification.

With the addition of new staff across multiple departments within the City, Risk Management’s responsibilities and workload have increased, specifically for the preparation of the division budget, liability and property damage programs, City’s self-insurance and insurance program, contract review, and safety training. Some programs need additional oversight and expertise, and the addition of a Safety Officer will better balance all responsibilities in the division and ensure the goal of maintaining a strong customer service focused environment.

With the City being a full-service municipality, a Safety Officer is a necessity to assist with compliance standards and regulations mandated by California’s Division of Occupational Safety and Health (CalOSHA). The Safety Officer would spend a majority of their time in the field analyzing hazards and implementing safe work practices. They will work closely with Departments/Divisions to review and develop training programs that are task specific and provide guidance to reinforce and enhance the City’s safety culture. Providing heightened emphasis in safety will assist in reducing work related injuries. The Safety Officer will work with each department to develop, implement, and periodically review policies, procedures, services, and practices. The pay established for this classification is $8,486/month to $10,938/ month which is equal to salary of the Principal Management Analyst position targeted for deletion.

Principal Management Analyst Total Two 2.0 FTE Position Deletions See above under Safety Officer for the one 1.0 FTE deletion. A vacant Principal Management Analyst position is being deleted and exchanged for a Safety Officer position. See below paragraph relating to the second recommended Principal Management Analyst position deletion.

Senior Accountant 1.0 FTE Position Add
A vacant Principal Management Analyst position in the Budget division was under-filled with a Senior Accountant. This position request aligns the budgeted position with the filled position.

The Finance Department is implementing new Governmental Accounting Standards Board (GASB) pronouncements in FY 2023 and FY 2024 as well as looking ahead to the implementation of Enterprise Resource Planning (ERP) software in the next 3-5 years and felt that it is important to have the higher level of technical expertise provided by a Senior Accountant in the Accounting division. The 1.0 FTE Principal Management position which will no longer be under-filled and will be deleted as noted in the preceding paragraph.

2. PARKS AND RECREATION
Staffing and Classification Revisions:

Accounting Assistant I 1.0 FTE Position Deletion
The Parks & Recreation Department added a 1.0 FTE Administrative Assistant I/II (AAI/II) in the FY 2023 budget. That position add allowed the administrative workload to be more efficiently and equitably allocated across administrative staff that work in the central administrative office. These tasks include coordinating projects with other City departments, updating the department website, supporting committee activity and processing applications and permits, as well as registration support, payment processing, filing and other general

30.2.2 administrative and customer service assistance. Now that the AA I/II position was filled with an internal recruitment this equal salaried 1.0 FTE Accounting Assistant I position is proposed to be deleted as planned in the FY 2023 mid-year budget adjustment.

Administrative Assistant I/II .50 FTE Position Add
The Civic Auditorium has an operational need for additional staff. City Manager's office has offered their .50 FTE AAII to support Civic operations. This addition to the Civic would create administrative support to free up the Recreation Coordinator and Recreation Supervisor to implement the Civic business plan.

Administrative Assistant I/II Change from 1.0 FTE to .50 FTE Position This position reduction is associated with and completes the FY 2023 approved addition of a .50 FTE Administrative Assistant III.

Pool Manager – Temporary Classification – increase pay to 2023 CA State Minimum Wage Resolution NS-30,079 adopted by City Council December 13, 2022, provided pay increases of a few temporary City classifications which fell under the 2023 State Minimum Wage of $15.50 per hour. The Pool Manager classification which has not been in use for many years was inadvertently omitted from Resolution NS-30,079 and is now being added and increased to the State Minimum wage of $15.50 per hour.

3. CITY MANAGER
Staffing Revision:

Homelessness Response Shelter & Outreach Specialist I/II from .50 FTE to 1.0 FTE The City Manager’s Office currently has a .50 FTE Homelessness Response Shelter & Outreach Specialist II and is requesting to increase that position to 1.0 FTE to further support continued care and stewardship.

Administrative Assistant I/II .50 FTE Position Deletion As noted above under Parks & Recreation second paragraph, the Civic Auditorium has an operational need for additional staff. City Manager's office has offered their .50 FTE AA I/II to support Civic operations and therefore is deleting this position from the City Manager Office budget.

4. HUMAN RESOURCES
Classification Revision:

Human Resources Director job title change to Chief People Officer

5. PLANNING AND COMMUNITY DEVELOPMENT
Staffing Revision:

30.2.3 Administrative Assistant I/II (AA I/II) 1.00 FTE Position Deletion This position deletion is associated with and completes the FY 2023 approved addition of a new

1.0 FTE position of Planning and Community Development Technician. Following the internal recruitment and fill of the Technician position the now vacant AA I/II position is being deleted as anticipated mid FY 2023.

6. PUBLIC WORKS
Staffing Revision:

Wastewater Facilities Electrical/Instrumentation Technician II (E/I Tech II) 1.0 FTE - Position Deletion
There are 3.0 FTE budgeted positions of Wastewater Facilities Electrical Instrumentation Technician II in the Public Works Department. Two of the budgeted positions are vacant. The proposal to delete one of the vacant positions is coincident with the proposal to add the reinstatement of the classification of Wastewater Facilities Lead Electrical / Instrumentation Technician and add 1.0 FTE position. The reinstatement of the Lead position which was deleted in 2010 will benefit the Wastewater Treatment Facility in providing an advanced journey level field lead to provide training to the E/I Tech II positions and to improve succession planning efforts and reduce the technical field burden on the Electrical/Instrumentation Supervisor.

Wastewater Facilities Lead Electrical/Instrumentation Technician (Lead E/I Technician) Re-instate Classification and 1.0 FTE Position Addition The implementation of the Lead E/I Technician position will reduce the burden on the Electrical/Instrumentation Supervisor to be the technical field lead and allow the Supervisor to provide major technical contributions to CIP projects. The addition of the Lead E/I Technician will match the Wastewater Treatment Facility Mechanical Division with a Supervisor, Lead and Technician I/II series. The slightly higher salary of a Lead E/I technician appropriately reflects the enormous level of technical knowledge and ability in high voltage industrial machinery and equipment. Reinstating the Lead E/I Tech position will assist with keeping up with the demands of an aging industrial facility in a full-service City.

7. WATER
Staffing Revision:

Water Facilities Field Supervisor 1.0 FTE - Position Addition The Water Facilities Field Supervisor is the full supervisory level classification in the maintenance group of the Water Production Section. The position is critical to the continuous production of water for the City's nearly 100,000 customers. The position oversees the maintenance and repair of the diversions, pumps, motors, tanks, valves and other equipment that ensures safe and reliable water supply. The position supervises the Water Facilities Mechanical Supervisor, and provides daily direction and support for the Water Facilities Mechanical Technicians and the Utility Maintenance Technicians. This group regularly responds to emergencies and call outs 24/7/365 to ensure a reliable water supply. Recently, the Field Supervisor has been providing input into the various capital improvement projects, including the large projects occurring at the Graham Hill Water Treatment Plant. The feedback provided is the

30.2.4 'boots on the ground' perspective that is essential for successful project design and construction.

In order to have a fully staffed group that serves all of the needs of the mechanical group, a second Field Supervisor position is needed.

Water SCADA Analyst 1.0 FTE – New Classification and Position Added In 2007, the City Council approved the 2007-2010 City of Santa Cruz and City of Santa Cruz Service Employees International Union (SEIU) Memorandum of Understanding (MOU), adding Section 10.16 Water Department SCADA System Coordinator. Section 10.16 provides the Water Director the authority to designate one employee as responsible for the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) system and receive a 5% additional compensation while performing these duties. The Director designated one of the nine shift operators to assume the role of the SCADA System Coordinator. Initially, the SCADA designee continued to work as a shift operator in addition to performing the SCADA related items, working closely with the SCADA Systems and Network Administrator and outside contractors.

Over time, the designee has taken on more responsibility for the SCADA, mirroring industry trends. In 2017, the SCADA System Coordinator/Water Treatment Operator (WTO) was removed from the normal WTO rotation but will work shifts, when needed, to provide shift coverage cause by WTO absences due to illness or vacations. Due to the complexity and importance of the SCADA system for successful water production, the position warrants its own classification and job description that defines the minimum qualifications needed to perform SCADA related job functions and a description of typical job duties to perform. Therefore a new classification and job description of Water SCADA Analyst was developed and is being requested to add to the City’s classification plan. The pay established for this new classification in keeping with internal equity is $6,870 per month to $9,668 per month.

Management Analyst Limited Term 1.0 FTE - Position Deletion This limited term position was established mid-year 2021 for drought response assistance and was meant to be temporary. The position is now vacant and its term ends April 2023 and therefore is being deleted. (Conservation is converting to Customer Assistance and the addition of a Regular Management Analyst position in Customer Service was added previously in the FY 2023 budget).

8. INFORMATION TECHNOLOGY
Staffing Revision:

SCADA Systems & Network Administrator 1.0 FTE - Position Deletion (Funded by Water Dept) See above under Water SCADA Analyst position being added. With a new proposed classification and position of Water SCADA Analyst in the Water Department the IT Department proposes replacing one of their SCADA Systems & Network Administrator positions with the more versatile Network and Systems Administrator position. Salary compensation for both positions is the same.

IT Network & Systems Administrator 1.0 FTE - Position Add (Funded by Water Dept) See above paragraph. A Network and Systems Administrator position is being added to replace the SCADA Systems and Network Administrator position that is being deleted. Salary compensation for both positions is the same.

30.2.5 FISCAL IMPACT: The annual fiscal impact to the recommended actions for position and classification changes to the following Departments include deletions in response to FY 2023 mid-year requests and other structural changes resulting in ongoing general fund cost reductions and increases.

These mid-year deletions are the result of position additions from adopted FY2023 and offsets to the position costs added in FY 2023:

Parks and Recreation:

Accounting Assistant I 1.0 FTE Deletion (-$114,273)
Administrative Assistant I/II Change from 1.0 FTE to .50 FTE (-$98,075) Planning and Development:

Administrative Assistant I/II 1.0 FTE Deletion (-$98,791) Other on-going costs due to structural changes include: Finance Department: General fund cost savings of $20,291; City Manager Office: General fund cost savings of $33,175; Public Works Department: cost increase to the Wastewater Enterprise Fund of $6,283 and Water Department:
cost increase to the Water Production and Enterprise funds of $219,949.

Prepared By:

Cathy Bonino
Principal HR Analyst
Submitted By:

Sara De Leon
Chief People Officer
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. BUDGET ADJUSTMENT.PDF

3. JOB DESCRIPTION SAFETY OFFICER.DOCX

4. JOB DESCRIPTION - SCADA ANALYST.DOCX

30.2.6 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING

THE PERSONNEL COMPLEMENT AND CLASSIFICATION AND COMPENSATION PLANS AND THE MID FY2023 BUDGET – FINANCE, PARKS AND RECREATION,

PLANNING, PUBLIC WORKS, AND WATER DEPARTMENTS
WHEREAS, staff has recommended certain modifications to the Classification and Compensation Plans.

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

That effective February 18, 2023 the City of Santa Cruz Classification and Compensation Plans be modified to:

Activity Classification No. and Title Salary (New Classifications and Changes)

FINANCE
Add new Classification
and Position:
7821 843-Safety Officer (1.0 FTE) $8,486/mo - $10,938/mo Delete Two Positions:
729-019
729-023
729- Principal Management
Analyst (2.0 FTE)
Add Position: 1241 762- Senior Accountant (1.0
FTE)

PARKS AND

RECREATION
Delete Position:
101-004 101-Accounting Assistant I/II
(1.0 FTE)
Add Position: 3213 106- Administrative Assistant
I/II (.50 FTE)
Change From:
106-033 3101 106- Administrative Assistant
I/II (1.0 FTE)
Change To:
106-033 3101 106- Administrative Assistant
I/II (.50 FTE)

30.2.7 RESOLUTION NO. NS-XX,XXX
2 Activity Classification No. and Title Salary (New Classifications and Changes)
Change From:
916 916- Pool Manager Temporary $15.4176/hr - $18.7387/hr Change To:
916 916- Pool Manager Temporary $15.50/hr. - $18.8403/hr.

CITY MANAGER
Change From:
841-001
Change To:
841-001
Delete Position:
1210
1210
841- Homelessness Response
Shelter & Response Specialist
II
(.50 FTE)
841- Homelessness Response
Shelter & Response Specialist
II
(1.0 FTE)
106-002 Administrative Assistant I/II
(.50 FTE)

HUMAN RESOURCES
Classification Title
Change
From: 810- Human Resources
Director
To: 810 Chief People Officer

PLANNING
Delete Position:
106-035 106- Administrative Assistant
I/II (1.0 FTE)

PUBLIC WORKS
Delete Position:
263-003
263- WW Facilities
Electrical/Instrumentation
Technician II (1.0 FTE)
Add New Classification
and Position:
7203 254- WW Facilities Lead
Electrical/Instrumentation
Technician (1.0 FTE)
$6,426/mo - $9,042/mo

30.2.8 RESOLUTION NO. NS-XX,XXX
3 Activity Classification No. and Title Salary (New Classifications and Changes)
WATER
Add Position: 7106 340 Water Facilities Field
Supervisor (1.0 FTE)
Add New Classification
and Position:
228-Water SCADA Analyst
(1.0 FTE)
$6,870/mo - $9,668/mo
Delete Position:
702-033 702 Management Analyst
Limited Term (1.0 FTE)

INFORMATION

TECHNOLOGY
Delete Position:
797-002 797- SCADA Systems and
Network Administrator
(1.0 FTE)
Add Position: 726- IT Network and Systems
Administrator (1.0 FTE)
PASSED AND ADOPTED this 14th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

30.2.9 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

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

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE/PWFNCFS
Clear Form
2023
02/02/2023
Appropriate funds from Fund 711 in the amount of $219,949 to add a Water Facilities Field Supervisor, a Water SCADA Analyst and delete a Management Analyst as detailed below.
0 711-70-95-7106-51xxx Water Facilities Field Supervisor 208,796 711-70-95-7106-51xxx Water SCADA Analyst 162,016
711-70-93-7104-51xxx Management Analyst -150,863
219,949
-219,949
David
Baum
Digitally signed by David Baum
DN: cn=David Baum, o=City of
Santa Cruz, ou=Water
Department,
[email protected]
m, c=US
Date: 2023.02.02 15:10:22 -08'00'
Rosemar
y Menard
Digitally signed by Rosemary Menard
DN: cn=Rosemary Menard, o=Santa Cruz Water
Department, ou=Water Director,
[email protected], c=US
Date: 2023.02.07 10:51:56 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.02.07 12:39:56 -08'00'

30.2.10 1

CITY OF SANTA CRUZ

SAFETY OFFICER
Reports to: Risk and Safety Manager
Supervises: Administrative Staff
Bargaining Unit: Management

DESCRIPTION
Under general supervision, plans, directs, and coordinates implementation of the City’s safety, injury prevention and loss control programs; ensures compliance with all Federal, State and local laws and regulations governing workplace safety.

DISTINGUISHING CHARACTERISTICS
This classification is distinguished from the next higher-level classification of Risk and Safety Manager as the later has full Risk and Safety division management oversight and responsibility.

TYPICAL DUTIES (May include, but are not limited to those duties listed below.)  Designs, develops and coordinates implementation of the City’s Injury and Illness Prevention Program (IIPP); safety policies and procedures, and safety and education training programs.  Coordinates occupational safety and health compliance for the City, facility inspections, and employee accident investigation.
 Chairs the Citywide Safety Coordinating Committee.
 Analyzes losses and trends for both the liability and workers’ compensation programs and works with divisions/departments to develop programs to mitigate losses.  Administrator for the TargetSolutions training platform.  Develops and oversees the maintenance and updating of safety records and documentation including training, inspections, injury, and investigative reports; provides information and regular feedback to departments on frequency and severity rates.  Monitors, coordinates, and supports City department’s efforts to maintain a safe workplace and ensures compliance with all Federal, State and local laws and regulations governing workplace safety.
 Facilitates and arranges for employee safety training and awareness programs; assists with interdepartmental safety committee meetings; evaluates and audits City departmental training programs, documentation and hazard control efforts and reports findings to departments.  Inspects City owned facilities for potentially unsafe conditions and compliance with applicable regulations; identifies potential safety hazards and/or unsafe working conditions; analyzes work processes to determine potential injuries and hazards; recommends mitigation measures; provides consultation and advice to departments regarding Cal/OSHA regulations

30.2.11 City of Santa Cruz
Safety Officer
2 and procedures and other safety related matters; research, evaluate and recommend the purchase of safety equipment.
 Responds to emergencies involving employee or public injury or damage; investigates employee accidents to determine cause, effect, liability, and prevention methods; analyzes accident reports to determine frequency, loss trends and to recommend methods and procedures for mitigation.
 Serves as a liaison for the City with regulatory agencies and insurance carriers.  Conducts specialized studies, prepares and presents reports related to safety and injury prevention programs.
 Attends and participates in professional group meetings; maintains awareness of new trends and developments in the safety field; and incorporates new developments as appropriate into programs.
 Performs other related duties that may be reasonably expected as part of this classification.

MINIMUM QUALIFICATIONS
The minimum qualifications for Education, Experience, Knowledge, Skills and Abilities are the following:

Education and Experience:
 A Bachelor's degree in safety or industrial engineering, public administration, or a related field and,
 Two (2) years of experience in the administration of safety programs. or
 An Associate's degree in safety, industrial engineering, public administration, or a related field and,
 Three (3) years of experience in the administration of safety programs. or
 A High School Diploma or tested equivalent and,
 Five (5) years of experience in the administration of safety programs.

Knowledge:
 Safety regulations and practices involved in municipal operations and safety laws regarding the public sector.
 OSHA, CAL-OSHA, EPA as well as other local, state, and federal laws and regulations related to occupational safety and health.
 Principles and practices of safety analysis
 Principles and practices of ergonomics
 Industrial hygiene protocols and practices

30.2.12 City of Santa Cruz
Safety Officer
3  Modern and complex principles and practices of Injury and Illness Prevention Program development.
 Principles and practices used in the development and implementation of safety training programs.
 Accident investigation techniques and practices.
 Accident/incident report requirements and procedures.  Safety, health, and environmental compliance training as required by rules, laws, and regulations.
 Evaluation and use of safety equipment.
 Principles and practices of records keeping.
 Principles of effective presentation and public speaking.  Customer service and public relations methods and techniques.  Intermediate computer and applicable knowledge of learning management and claims management software.

Abilities:
 Understand, interpret and explain the application of policies, procedures, and requirements pertaining to assigned areas of responsibility.
 Interpret and explain City workers’ compensation or general liability policies and procedures.  Implement and administer safety programs and safety-related training activities.  Analyze problems, evaluate alternatives and make sound, appropriate recommendations.  Establish, foster and maintain effective working relationships with internal and external stakeholders.
 Gather, research, analyze, organize and disseminate data.  Exercise sound independent judgment and initiative within established guidelines.  Plan and organize work to meet changing priorities and deadlines.  Understand and follow written and oral instructions.
 Prepare clear, concise and accurate analytical reports, correspondence and other written materials.
 Effectively to present to large groups of individuals.  Exercise tact and diplomacy in dealing with sensitive, complex, and confidential personnel issues and employee situations.
 Interact and communicate effectively, both orally and in writing.

Licenses and Certificates
 Possession at time of hire and continued maintenance of a valid California driver's license and a safe driving record.

30.2.13 City of Santa Cruz
Safety Officer
4 DESIRABLE QUALIFICATIONS
 Knowledge of the principles and practices of risk management.  Public entity self-insurance and risk management programs, claims investigations and processing.
 Knowledge of the State Worker's Compensation program.  Possession of certification as a Safety Professional or completion of an occupational safety and health management certificate program.
 Completion of Cal/OSHA 30-HOUR Training for General Industry or Construction  Completion of 24-HOUR HAZWOPER Training
 Some lead or supervisory experience
Classification No.: 843
Date of Issue: 02/23 (New)
Supersedes:

Update:

Career Ladder:
 Risk and Safety Manager
 Safety Officer

30.2.14 CITY OF SANTA CRUZ

WATER SCADA ANALYST
Reports to: Chief Plant Operator or Superintendent of Water Treatment and Production
Supervises: May exercise technical and functional supervision Bargaining Unit: Service

DESCRIPTION
Under direction, oversees and supports the development, implementation and preventive and corrective maintenance of the Supervisory Control and Data Acquisition (SCADA) system, Distributed Control Systems (DCS) and related network support systems at the City’s Water treatment plants, pumping stations, and storage tanks.

DISTINGUISHING CHARACTERISTICS
This classification is distinguished from the next higher classification of Chief Plant Operator in that the latter classification has overall responsibility for planning, directing, and evaluating the 24-hour, seven-day operation of the treatment and storage facilities operated by the Water Department.

TYPICAL DUTIES (May include, but are not limited to, those duties listed below.)  Performs specialized duties in support of SCADA graphical representation and data accuracy, programmable logic controller (PLC) programming, operational functionality, and remote telemetry communication reliability.
 Troubleshoots and corrects programming, configuration, and interface issues of SCADA, PLC, and human machine interface (HMI) systems; determines method of integrating new programming code into existing applications and/or programs to meet user needs.  Leads analysis and recommendations for long range planning to ensure continued high reliability and availability of real-time systems that includes design and migration to next generation of hardware and software platforms.
 Responsible for project management and technical guidance related to SCADA for largescale department projects.  Assist in developing and administering the budget related to the SCADA system.  Reviews plans and specifications for all new facilities that include SCADA and control equipment to ensure proper design and installation criteria are met.  Reviews and analyzes the effectiveness and efficiency of complex, integrated existing processes related to SCADA system performance data as part of a preventive maintenance program and develops improvement strategies.
 Monitors computer control systems, including SCADA, for accuracy and functionality.  Provides technical support to SCADA system and related network support systems users.  Designs training curriculum and provides training for SCADA system and related network support systems users.

30.2.15 City of Santa Cruz
Water SCADA Analyst
2  Assists Water operations staff in the development of process control strategies.  Provides emergency response on SCADA-related issues as needed.  Monitors system security and the performance of security protocols; identifies unauthorized access and potential security breaches; reports findings promptly to management and provides recommendations for security and network performance improvements.  Acts as liaison between the IT Department and Water Department in matters related to SCADA and networks. Works with IT Department staff to ensure compliance with City standards and represents Water system needs.
 Analyzes, extracts, combines, interprets, and summarizes data from various sources to generate analytical reports in tabular and/or graphical form for operational, management, or executive decisions.
 Oversees SCADA related work performed by consultants, contractors and vendors to ensure Water facilities operate as intended.
 Maintains expertise in SCADA and City standard hardware and software products and awareness of current advances in technology as they relate to Department and City needs and objectives.
 Performs other related duties that may be reasonably expected as part of this classification.

WORKING CONDITIONS:

Position requires prolonged sitting, standing, walking on uneven surfaces, squatting, stooping, crouching, kneeling and reaching in the performance of daily activities; repetitive hand movements and fine coordination in preparing reports using a computer keyboard; both near and far vision in performing computer installation and repair; color vision to accurately interpret visual displays. Acute hearing is required when providing phone and personal service. The need to lift, carry, drag and push equipment and materials weighing up to 40 pounds is also required.

Additionally, off-site travel, attendance at multi-day off-site training sessions, weekend and evening work, and after- hours emergency call outs may be required. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

MINIMUM QUALIFICATIONS
The minimum qualifications for Education, Experience, Knowledge, Skills, and Abilities are the following:

Education and Experience:
 Bachelor’s degree in the field of business administration, computer science, management information systems or related field and,
 Two (2) years of responsible experience in SCADA systems and related network support systems and,
 One (1) year of experience in the operation and/or maintenance of water production facilities or water treatment plant, or related facilities; and
 One (1) year of responsible project or program coordination and/or management experience and some research and analytic work
OR

30.2.16 City of Santa Cruz
Water SCADA Analyst
3  High school graduation or G.E.D.;
 Three (3) years of responsible experience in SCADA systems and related network support systems;
 Two (2) years of experience in the operation and/or maintenance of water production facilities or water treatment plant, or related facilities; and  Two (2) years of responsible project or program coordination and/or management experience and some research and analytic work
Knowledge:
 Modern principles, practices, methods, and techniques used in the installation, programming, troubleshooting, and maintenance of data acquisition software, hardware, equipment, networks, and programming applications such as SCADA, PLC, and HMI.  Principals, practices, techniques, and regulations pertaining to water treatment plant operations.
 Basic proficiency in Microsoft software, including but not limited to Excel, Outlook and Word.

Abilities:
 Manage and provide technical assistance for the design, selection, installation, configuration, operations, maintenance, and troubleshooting of the SCADA and communication systems.  Establish effective working relationships with those contacted in the course of work.  Diagnose hardware and software problems and take effective action.  Prepare and maintain records and reports as required for compliance with permits and other applicable regulatory requirements.
 Utilize computer and related software tools for written communications, data analysis, and presentations.

Licenses and Certificates
Possession and continued maintenance of a valid California Class C driver’s license.

OTHER REQUIREMENTS
 Willingness to work nights, weekends, and holidays as needed for emergencies.  Must be willing to respond remotely within thirty minutes when required.

30.2.17 City of Santa Cruz
Water SCADA Analyst
4 DESIRABLE QUALIFICATIONS
 Experience managing and maintaining a Aveva System Platform environment, including screen development (IDE), Historian maintenance and IO server management and troubleshooting.
 Experience with PLC programming software.
 Experience utilizing remote network access software products.  Possession of a Grade T2 Water Treatment Operator’s certificate issued by the California Water Boards State Water Resources Control Board.

Classification No.: 228
Date of Issue: 02/23

30.2.18 31.1

31.2 31.3

31.4 31.5

31.6 32.1

32.2 32.3

32.4 32.5

32.6 32.7

Santa Cruz City CouncilFebruary 14, 2023

Santa Cruz City Council
February 14, 2023