Agenda packet — Santa Cruz City Council, April 25, 2023 (part 1 of 8)

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

CITY COUNCIL AGENDA
Regular Meeting – April 25, 2023
Updated April 25, 2023 – Item 36
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:00 P.M. CONSENT, CONSENT PUBLIC HEARINGS, GENERAL BUSINESS AND ORAL

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

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, April 24th
April 25, 2023 City Council 2
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, April 23rd by emailing the Mayor and the City Clerk.

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

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

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

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

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

April 25, 2023 City Council 3
Closed Session
1:00 PM
Closed Session

1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
City Negotiator – Sara De Leon

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Bernt Barbera
2) Claimant: Cristopher Allen Malsack
Claims against the City of Santa Cruz

3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) April 25, 2023 City Council 4
City Council
2:00 PM
Call to Order
Roll Call
Presentations

4. Master Recycler Volunteer Training Program

5. Mayoral Proclamation Declaring the Month of May as Affordable Housing Month

6. Mayoral Proclamation Declaring April 30 - May 6, 2023, as Municipal Clerks Week
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

April 25, 2023 City Council 5
Consent Agenda

8. Minutes of the April 11, 2023 City Council Meeting (CC) Motion to approve as submitted.

9. Minutes of the April 18, 2023 City Council Special Meeting (CC) Motion to approve as submitted.

10. Children’s Fund Oversight Committee Bylaws (CM)
Motion to approve amendments to the Children’s Fund Oversight Committee bylaws and governing document.

11. Initiative No. 21-0032A1, The Taxpayer Protection and Government Accountability Act (CN)
Motion to:
1) Adopt a resolution of the Santa Cruz City Council opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government
Accountability Act; and
2) Authorize the Mayor to send letters and copies of the adopted resolution to state legislators and the League of California Cities on behalf of the Santa Cruz City Council opposing Initiative No. 21- 0032A1.

12. City Council District Engagement Policy (CN)
Motion to approve City Council Policy, 6.21, District Engagement.

13. Support for Senate Bill 331 (SB 331) (CN)
Motion to authorize the Mayor to send a letter of support to Senator Laird on behalf of Santa Cruz City Council in support of Senate Bill 331 (SB 331).

April 25, 2023 City Council 6
Consent Agenda (continued)

14. Approval of Parklet Design Standards Contained within the Parklet Guidelines and Approval of two “Pre-Approved” Parklet Design Plans (ED/PW)
Motion to:
1) Approve the design standards incorporated in the parklet guidelines; and
2) Approve two “pre-approved” parklet designs created by Dillon Design Associates; and
3) Adopt a resolution approving the design standards incorporated in the parklet guidelines and two “pre-approved” parklet designs pursuant to Government Code Section 830.6.

15. Santa Cruz Parklet Incentive Program for Outdoor Dining (ED) Motion to authorize the establishment of the Santa Cruz Parklet Incentive Program for Outdoor Dining.

16. 223 Darwin Street CFSC, Inc. Loan Extension (APN: 011-122-04) (ED) Motion to authorize the City Manager to execute any and all loan documents necessary, in a form approved by the City Attorney, to extend the terms of existing Red Cross-funded loan in the amount of $75,000 to CFSC, Inc. for the property located at 223 Darwin Street for 30 years with 3% simple interest and deferred payments.

17. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Bernt Barbera and 2) Cristopher Allen Malsack, based on staff recommendation.

April 25, 2023 City Council 7
Consent Agenda (continued)

18. Award Contract for Financial Auditing Services (FN) Motion to:
1) Award a contract for Financial Auditing Services to The PUN Group, LLP, Walnut Creek, California for Fiscal Years ending June 30, 2023, 2024 and 2025, with two option years; and
2) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with The PUN Group, LLP for Financial Auditing Services.

19. Resolution Adopting the Memorandum of Understanding with the Police Management Association (HR)
Resolution adopting the Memorandum of Understanding with the Police Management Association.

20. Resolution Adopting the Memorandum of Understanding with the Police Officers’ Association (HR)
Resolution adopting the Memorandum of Understanding with the Police Officers’ Association.

21. Resolution Adopting the Memorandum of Understanding with Service Employees Local 521 (HR)
Resolution adopting the Memorandum of Understanding with Service Employees SEIU Local 521.

22. City of Santa Cruz Pump Station No. 1 Project (c401707) – Professional Services Agreement Amendment (PW)
Motion authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Schaaf & Wheeler (Santa Clara, CA) in the amount of $105,900 to provide Consulting Engineering Services for the City of Santa Cruz Pump Station No.1 Project (c401707) in a form acceptable to the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved budget.

April 25, 2023 City Council 8
Consent Agenda (continued)

23. Santa Cruz High School Parking Update (PW)
Receive an update regarding ongoing staff coordination with Santa Cruz High School regarding weekday parking issues.

24. Proposed Permanent Easement Acquisition of Real Property Owned by PAP, LLC, including 24 Front Street (APN 007-212-10) and 30 Front Street (APN 007-212-09) for the Pacific-Beach Roundabout Improvement Project - Budget Adjustment (PW)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager to enter into an agreement, in a form approved by the City Attorney, for acquisition of the permanent easement required for the construction of the Pacific-Beach Roundabout Improvement Project; and
2) Adopt a resolution amending the FY 2023 budget by transferring funds from the City Liability Fund for acquisition of the easement.

25. Purchase Natural Gas at Wastewater Treatment Facility – Budget Adjustment (PW)
Resolution amending the FY 2023 budget and appropriating funds in the amount of $260,000 to fund rising natural gas purchased at the Wastewater Treatment Facility.

April 25, 2023 City Council 9
Consent Agenda (continued)

26. Approval of Contract Amendment No. 1 – Soquel Avenue Main Replacement with MNS Engineers, Inc. for Construction Management Services (WT)
Motion to:
1) Approve Contract Amendment No. 1 - Soquel Avenue Main Replacement with MNS Engineers, Inc. (Santa Barbara, CA) in the amount of $151,740 and to authorize the City Manager to execute Contract Amendment No. 1 in a form approved by the City Attorney; and
2) Authorize the Water Director to approve change orders with MNS Engineers, Inc. in a form to be approved by the City Attorney and for amounts that are within the approved adjusted budget.

End Consent Agenda
April 25, 2023 City Council 10
Consent Public Hearings

27. 2023-2024 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan, Amendment to the 2019-2020 HUD, Amendment to the 2020-2025 Consolidated Plan, and Amendment to the Citizen Participation Plan (ED)
Motion to:
1) Adopt a resolution for the City’s 2023-2024 HUD Annual Action Plan (AAP) and amendments to the 2019-2020 AAP, 2020-2025 Consolidated Plan, and Citizen Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2023-2024 AAP and amended 2019-2020 AAP and 2020-2025 Consolidated Plan (CP) which includes the 2023 Neighborhood Revitalization Strategy Area (NRSA) Plan to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2023-2024 program year; and
2) Authorize the City Manager to execute program/project contracts, loan agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (CP) activities proposed in the 2023-2024 Action Plan and any subsequent revisions to the 2023-2024 Action Plan; and 3) Approve the 2023-2024 AAP Budget Adjustment reallocating 2019- 2020 CDBG Funds, allocating 2023-2024 CDBG and HOME Funds and appropriating the funds in the FY 2024 budget.

April 25, 2023 City Council 11
Consent Public Hearings (continued)

28. 2nd Reading of Ordinance No. 2023-06 Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22:

Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan (PL/PW)
Motion to:
1) Adopt Ordinance No. 2023-06 amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination; and
2) Adopt a resolution authorizing and directing the City Manager to submit the proposed amendments to Title 24 as Local Coastal Program Implementation Plan amendments to the California Coastal Commission for final certification.

29. 2nd Reading and Final Adoption of Ordinance No. 2023-07 to Amend Chapter 10.52 of the Santa Cruz Municipal Code to Increase Downtown Parking Meter Rates (PW)
Adopt Ordinance No. 2023-07 to amend Chapter 10.52 of the Santa Cruz Municipal Code to increase downtown parking meter rates.

April 25, 2023 City Council 12
Public Hearing

30. Development Proposal at 514, 516, 518, 524, and 530 Front Street Involving Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height Request, Density Bonus Request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit to Demolish Existing Commercial Buildings, Reconfigure Four Lots Into One, Remove Eight Heritage Trees, and Construct a Mixed-Use Building with 276 Residential Dwelling Units (Including a 50% Density Bonus) and 6,865 Square Feet of Commercial Space, with Design Variations to Downtown Plan Development Standards, on a Site in the CBD/F-P/FP-O (Central Business District/ Floodplain/ Floodplain Overlay) Zone District and Within the Front Street Riverfront Area of the Downtown Plan. File Number CP20-0098. Assessor’s Parcel Numbers: 005-151-37, 005-151- 44, -45, -46. Environmental Determination: Categorical Exemption.

Owner: Green Valley Corporation. Applicant: Jessie Bristow, Swenson. (PL)
Resolution acknowledging the environmental determination and approving the Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height Request, Density Bonus Request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit for File Number CP20-0098 at 514, 516, 518, 524, and 530 Front Street, subject to the attached conditions of approval.

General Business

31. Santa Cruz Children’s Fund Oversight Committee Appointments (CC) Appoint two at-large members to the City of Santa Cruz Children’s Fund Oversight Committee, with terms ending January 31, 2026.

April 25, 2023 City Council 13
General Business (continued)

32. Collective of Results and Evidence-Based (CORE) Progress Report (CM) Motion to:
1) Accept Santa Cruz County’s Human Services Department CORE FiveYear Lookback, Lessons Learned, 2022 Mid-Year Assessment, and Alternative Funding Sources Summary update; and
2) Direct staff to coordinate with the Human Services Department to return on or before December 12, 2023 with a progress report of the FY 2022-23 annual summary of CORE Investments-funded programs with an update on community engagement; and
3) Approve the proposed Timeline and Next Steps for the RFP process.

33. Tobacco Product Waste Update (CN)
Receive a presentation update from staff and Councilmembers from the Health in All Policies (HiAP) Committee (Committee) and direct staff to continue working with the Committee, the County, and stakeholders on community engagement, and provide feedback as needed.

34. Receipt of AB 481 Annual Military Equipment Report and Renewal of SCMC Chapter 9.90 Pertaining to AB 481 Military Equipment (PD) Motion to:
1) Receive the Santa Cruz Police Department’s (SCPD) Annual Military Equipment Report.
2) Adopt a resolution renewing Chapter 9.90 of the Santa Cruz Municipal Code (SCMC) pertaining to AB 481, Military Equipment.

The below item is continued and will not be discussed at the April 25th meeting.

35. Appeal of Proposed Single Space Markings on David Way (PW) Continued to the June 27, 2023 City Council meeting.

April 25, 2023 City Council 14
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
General Business
A supplemental agenda report has been added for the below item.

36. Draft 6th Cycle Housing Element Update Review for State Submittal (PL)
Review and provide comments on the Draft 6th Cycle Housing Element Update, including the information provided in the Supplemental Agenda Report, prior to its presentation to the City Council and prior to its submittal to the State’s Housing and Community Development Department.

Adjournment

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 25, 2023

37. Proclaiming April 16, 2023 as “Senderos Vive Oaxaca Day” and encouraging all citizens to join in honoring Oaxacan and other indigenous people in Santa Cruz for their culture and contributions to the community.

38. Proclaiming Friday, April 28, 2023 as “Harry Mayo Day” and urging all residents, visitors, businesses, and civic organizations to join in thanking him for his years of service and contributions to our April 25, 2023 City Council 15
community.

April 25, 2023 City Council 16
MAYOR'S PROCLAMATIONS (continued)

39. Proclaiming the month of May 2023 as “Affordable Housing Month,” along with other local leaders in the greater San Francisco and Monterey Bay areas.

40. Proclaiming the week of April 30–May 6, 2023 as “Professional Municipal Clerks Week” in recognition of the exemplary dedication to public service and extending appreciation to our City Clerk Bonnie Bush, Deputy City Clerk Julia Wood, and the staff of the City of Santa Cruz City Clerk’s Office.

Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.

County Latino Affairs Commission One opening – at-large nomination Sister Cities Committee One opening – at-large nomination Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

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

April 25, 2023 City Council 17
City Council Agenda Legislative History Addendum
No information was submitted.

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

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

City of Santa Cruz Master Recycler
Volunteer Training Program
Launched in 2018, Paused in 2020, Resumed in 2023
Leslie O’Malley
Waste Reduction Manager
[email protected] 4.1 831-420-5593
Why a Master Recycler Training Program?
Decrease Contamination in Collection Carts
Feedback from Public Tours of the Resource Recovery Center Leverage Educational tools and resources
Build Community Awareness
Stress the priority of Waste Reduction

4.2 The Vision
Community champions trained in all things related to waste reduction and recycling.

A Cadre of volunteers within our community to educate and empower friends, neighbors, schools, businesses, local groups, and special events to waste less and Recycle Right.

4.3 Framework
• Up to 25 Participants Per
season. Once per year in
February and March.
• Weekly 2 hours sessions
with 2 Saturday 1/2 day field
trips over 6 weeks.
• Commit to at least 20 hours
of Volunteer service over 12
months

4.4 The Curriculum • Introduction to the processes, technologies and economics of the Recycling industry.
• Overview of Recycling in Santa Cruz (City VS. County) as well as UCSC • Area partners in waste diversion
• The priority for Wasted Food Education
• Overview of Waste Reduction Programs
• Compliance with State and Local
Policies
• Project Plans for Volunteer Hours

4.5 Overview of Waste Reduction Programs & Tools
• Engagement with City Schools- Assemblies, field trips and Classroom visits • Dori Pole lending program- Balloon Litter Reduction effort • Food Scrap Diversion Program
• Home Compost Rebate
• Food Scrap Drop Off
• Curbside Food Scrap Collection
• Scheduled Bulky Item Pick Up- Illegal dumping prevention • Garage Sale Weekend- Once a year
• Earth Day- Student Challenge, Teen Fashion Show
Overview of State and City Compliance Policies and Ordinances • Mandatory Recycling & Organics Diversion
• Environmentally Acceptable Packaging and Products Ordinance

4.6 Volunteer Hours
Building awareness about
City Policies
Waste Station Coaches at
City events
Community Outreach
and Education
Finding alternatives for
Hard to Recycle Items

4.7 Pivoting During Covid

4.8 4.9
A Big Thank You to our
Master Recycler Volunteers
Class of 2018
Kathleen Ashton
Alyssa Barnes
John Benito
Noel Bock
John Bost
Henry Carter
Ole Christensen
Livier Enciso
Tina Forest
Maya Gupta
Terry Grove
Paula Haller
Liv Johansson
Susan Kauffman
Annie Kelly
Annie McCollogh
Rachel McKay
Ingrid Mednis
Jonna Pais
Matt Phillips
Michael Punete
Michele Replogle
Julianne Rhodes
Madrone Shimokawa
Caylie Soon
Glenn Smith
Cat Steele (deceased)
Kat Winkleman
Class of 2019
Trudy Bartlett
Sandy Cohen
Madelene Cokle
Elijah Cooper
Collin Cowsil
Jennalee Dahlen
Mark Feldman
Carol Fuller
Joe Griffin
Jon Krupp
Alex Lapides
Sze-Wing Lau
Marian Malatesta
Michele Oldman
Jasmine Roohani
John Rosenbaum
Mary Scheller
Joy Schendledecker
Maryna Sedoryk
Jessamyn Tardiff
Catherine Thompson
Dania Trespalacios
Ellen Vaughan
Judy Zielgler
Class of 2020
Alessandra Alvares
Susan Brouwer
Jenna Clancy
Adeline Davis
Pamela Dewey
Jessica Gallione
Meredith Gowell
Cori Strell
Valerie Mishkin
Anna Paula Teeple
Breanna Van Waterloo
Mel Scanagatta
Daniel Wright
Class of 2023
Ginny Aragon
Kelly Archer
Mark Burden
Matheus Chiavegato Arnellas
Jim Chizinsky
Sheilah Cummings
Jim Cupples
Eva Leuthold
Axel Loelhoeffel
Martha Mendoza
Ray Mendoza Reflections Dorothy Nishikawa 4.10
AFFORDABLE HOUSING MONTH - MAY 2023
for more information visit: https://www.cityofsantacruz.com/affordablehousingmonth IN-PERSON EVENTS:

Film Screening: "City Rising: Examining
Gentrification and its Historical Roots"
May 4th, 7-8pm
Affordable Housing Month Kick Off
May 6th 12:30-3:30pm
The Importance of Supportive Housing
May 10th, 5:30-7pm
Dr. Tiffany Manuel: Reimagining Issues that
Determine our Future in SC County
May 11th, 1:30-4pm
Dr. Tiffany Manuel: Building Public Will for Action
Determine our Future in SC County
May 11th, 4-6:30pm
YIMBY's Santa Cruz
Housing Element Bike Tour
May 13th 10am-12pm
Habitat for Humanity Project Tour:

Rodeo Creek Court
May 16th 5-6:30pm
MidPen Groundbreaking (314 Jessie Street)
May 19th 11am-12pm
Defending the Right to Live in Your Vehicle
May 20th, 2-3pm
Affordable Housing in Your Backyard
May 21st, 3-5pm
Natural Bridges Apartments Groundbreaking
May 30th 11-12pm
VIRTUAL EVENTS:

Affordable Housing Finance 101 Class
Housing Choice Voucher Program Webinar
Available ALL month
Addressing Affordable Housing Needs in
the San Lorenzo Valley and Scotts Valley
May 8th, 7-8:30pm
Permanent Supportive Housing in SC County
May 10th, 5-7pm
Mayor's Panel on Local Housing Policies
May 18th, 7-8:15pm
Less Parking, Less Rent
May 22nd,7-8pm
Faster Approvals through Robust
Community Engagement
May 25th, 10:30-12pm
CFST-Click for details
Housing SC County- Click to RSVP
Housing MattersSpace is limited-Click to RSVP
HSCC, Land Trust, Ecology ActionSpace is limited-Click to RSVP HSCC, Land Trust, Ecology ActionSpace is limited-Click to RSVP YIMBY-Click for details
Habitat for Humanity-Click for details
MidPen- Click to RSVP
Santa Cruz Cares-Click for details
People's Housing-Click for details
Housing Authority-Click for details
City of SC-Click for Virtual Recording
City of SC-Click for Virtual Recording
Affordable Housing Now-Click for details
Housing Matters-Click for details
HSCC-Click for details
CFST-Click for details
Architects FORA-Click to RSVP
Events are subject to change, check links for details 5.1 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public May 23 and 24 Council Chambers Budget Hearings
May 29
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public June 19
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public July 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 15/16
September 24/25
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 10
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 23
November 24
December 7/8
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public December 25
December 26 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐  sundown to sundown)
Rosh Hashanah (City observed ‐  sundown to sundown)
November 14
October 10
October 24
City Hall Closure ‐ Veteran's Day (observed)
July 11 and 25 Meetings Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Independence Day
City Hall Closure ‐ Memorial Day
City Hall Closure ‐ Labor Day
August 22
August 8
May 9
June 13
May 23
City Hall Closure ‐ Juneteenth
Please note: Meeting times are not final and are likely to change Yom Kippur (City observed ‐  sundown to sundown)
City Council Meeting Calendar for 2023
November 28
December 12
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
June 27
September 12
September 26

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

MINUTES OF A CITY COUNCIL MEETING
April 11, 2023
1:30 PM
Mayor Keeley opened the City Council Closed Session at 1:32 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Public Comment
Mayor Keeley opened the public comment period at 1:32 p.m. The following person spoke:

Nancy Rowe
Mayor Keeley closed the public comment period at 1:38 p.m.

8.1 April 11, 2023 CITY COUNCIL MINUTES 6429
City Attorney T. Condotti announced that a matter needed to be added to the Closed Session agenda as a subsequent need item to seek the Council’s authorization to join an amicus brief being prepared by the Public Rights Project in support of the FDA’s appeal of a decision by a District Court judge in Texas.

MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to add Alliance for Hippocratic Medicine, et al., v. US Food and Drug Administration - U.S.

Court of Appeals (Fifth Circuit) Case No. 23-10362 to the Closed Session agenda.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

The meeting was closed to the public at 1:40 p.m. and Council adjourned to the Courtyard Conference Room.

Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Nancy P. Rowe
2) Claimant: Precision Grade Inc.

Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 8, and no reportable action was taken.

2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) Council received a status report, and no reportable action was taken.

8.2 April 11, 2023 CITY COUNCIL MINUTES 6430
Closed Session (continued)

3. Real Property Negotiations (Government Code §54956.8) Property: 333 Locust Street
APN: 005-033-03
Owner: Smith Laura Trustee, Mathews William G. and Cynthia S.

Trustees, and Smith Sara Wood, Trustee
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Laura Smith Trustee et al.

Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

8.3 April 11, 2023 CITY COUNCIL MINUTES 6431
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
April 11, 2023
3:00 PM
Call to Order – Mayor Keeley called the meeting to order at 3:00 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Chief of Police B. Escalante, Director of Information Technology K. Morgan, Director of Planning and Community Development L. Butler, Director of Public Works N. Nguyen, Director of Economic Development B. Lipscomb (via Zoom), Finance Director E.

Cabell (via Zoom), Fire Chief R. Oatey (via Zoom), Water Director R.

Menard (via Zoom), Chief People Officer S. De Leon (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Transportation Planner J.

Edmonds, Senior Planner S. Neuse, Transportation Planner C. Gallogly, Superintendent of Parking Services H. Sawyer, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Presentations

4. Presentation of Care Court Legislation
Nicole Coburn, Sven Stafford, and Heather Rogers, with the County of Santa Cruz, gave a presentation on Care Court legislation. Mayor Keeley opened the public comment period. The following person spoke.

James Ewing Whitman
Mayor Keeley closed the public comment period.

Presiding Officer's Announcements – None.

Statements of Disqualification – None.

8.4 April 11, 2023 CITY COUNCIL MINUTES 6432
Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6429—6430 for the report.

Council Meeting Calendar

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

Consent Agenda
Mayor Keeley opened the public comment period. The following person spoke:

James Ewing Whitman spoke regarding item 13.

Mayor Keeley closed the public comment period.

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

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

6. Minutes of the March 28, 2023 City Council Meeting (CC) Motion carried to approve as submitted.

7. Municipal Wharf License Agreement with Humble Sea, Inc. at 45 Municipal Wharf (ED)
Motion carried to authorize and direct the City Manager to execute a revocable Municipal Wharf License Agreement and any amendments thereto of a nonsubstantive nature, in a form acceptable to the City Attorney, with Humble Sea, Inc. (doing business as Humble Sea Brewing Company) for the operation of a prototyping pop-up event space serving craft beer with food truck service at 45 Municipal Wharf.

8.5 April 11, 2023 CITY COUNCIL MINUTES 6433
Consent Agenda (continued)

8. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of 1) Nancy P. Rowe; and to return as late the claim of 2) Precision Grade Inc., based on staff recommendation.

9. Professional Services Agreement for the Development of a Request for Proposal in the Selection of a New Enterprise Resource Planning Software Solution (IT) Motion carried to:
 Adopt Resolution No. NS-30,130 amending the FY 2023 budget in the amount of $165,200 for funding related to selecting a new Enterprise Resource Planning (ERP) software solution; and
 Authorize the City Manager to execute a professional services agreement and scope of work with Berry Dunn McNeil & Parker, LLC (BerryDunn) in a form approved by the City Attorney to support the City of Santa Cruz (City) in developing a Request for Proposal (RFP) in selecting a new Enterprise Resource Planning (ERP) software solution.

10. Caltrans Sustainable Transportation Planning Grant Application - Active Transportation Plan Update (PW)
Motion carried to ratify the application for the California Department of Transportation Sustainable Transportation Planning Grant Program for the Active Transportation Plan Update, and further authorize the City Manager to accept and appropriate funds should the City be awarded.

11. Resource Recovery Facility Cell 3B Development Project (c401909) – Notice of Completion (PW)
Motion carried to accept the work of Sukut Construction, LLC (Santa Ana, CA) and authorize the filing of the Notice of Completion for the Resource Recovery Facility Cell 3B Development Project (c401909).

8.6 April 11, 2023 CITY COUNCIL MINUTES 6434
Consent Agenda (continued)

12. Contract Amendment 1 for Santa Cruz County Regional Bike Share Program (PW)
Motion carried to authorize the City Manager to execute all amendments to the Professional Service Agreement for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.

13. Meter Replacement Project – Notice of Completion (WT) Motion carried to accept the work of Utility Partners of America, Inc. (Greenville, SC) as complete per the agreement and authorize the filing of a Notice of Completion for the Meter Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

14. Ratify Purchase Orders with Core & Main LP, Ferguson Enterprises, Iconix Waterworks, and Pace Supply for Water Distribution Parts and Materials (WT) Motion carried to ratify purchase orders exceeding the formal bid limit for Core & Main LP (St Louis, MO), Ferguson Enterprises LLC (Newport News, VA), Iconix Waterworks Inc. (Snohomish, WA), and Pace Supply (Santa Clara, CA) for Water Distribution parts and materials as needed.

End Consent Agenda

8.7 April 11, 2023 CITY COUNCIL MINUTES 6435
Public Hearings

15. 2nd Reading and Final Adoption of Ordinance No. 2023-05 Amending the Santa Cruz Municipal Code Chapter 9.90 "AB 481 Military Equipment Use" (PD) Mayor Keeley opened the public comment period. The following person spoke.

James Ewing Whitman
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brunner moved, seconded by Councilmember Brown, to adopt Ordinance No. 2023-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use,” and direct staff to ensure that future agenda language highlights the items being added or deleted from the military equipment list.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

16. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan.

Applicant: City of Santa Cruz. Location: Citywide. Environmental Review:

Exempt/Reuse of Prior Environmental Impact Report (PW/PL) Transportation Planner J. Edmonds and Senior Planner S. Neuse gave a presentation and responded to Councilmember questions.

Transportation Planner C. Gallogly and Director of Planning and Community Development L. Butler responded to Councilmember questions.

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

James Ewing Whitman
Ryan Meckel
Eric Grodberg
Candace Brown

8.8 April 11, 2023 CITY COUNCIL MINUTES 6436
Public Hearings (continued)

Applicant: City of Santa Cruz. Location: Citywide. Environmental Review:

Exempt/Reuse of Prior Environmental Impact Report (PW/PL) (continued) Public comment (continued)
Garrett
Peter Bichier
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to direct staff to return to Council at the earliest possible meeting with an ordinance that reflects the options that are available to the City and include language from Assembly Bill 2097 (AB 2097) section 65863.2(b).

FRIENDLY AMENDMENT: Mayor Keeley requested to amend the motion to include language from AB 2097 sections 65863.2(a)—(c). Councilmember Brown accepted.

After discussion, Councilmember Brown withdrew her motion.

MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to introduce for publication Ordinance No. 2023-06 amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination identified in the agenda report, and adding the following language from AB 2097 section 65863.2(b) to section

24.12.220.1(b)(i):
i. This exception shall not apply to any lodging use or where the city is authorized to enforce minimum auto parking requirements pursuant to subdivision (b) of California Government Code section 65863.2.

8.9 April 11, 2023 CITY COUNCIL MINUTES 6437
Public Hearings (continued)

Applicant: City of Santa Cruz. Location: Citywide. Environmental Review:

Exempt/Reuse of Prior Environmental Impact Report (PW/PL) (continued) ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

General Business

17. Planning Commission Appointment (CC)
MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to nominate John McKelvey to the Planning Commission with a term expiration of January 31, 2026.

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

Mayor Keeley closed the public comment period.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8.10 April 11, 2023 CITY COUNCIL MINUTES 6438
General Business (continued)

18. Downtown Parking Rates and Parking Requirements Update (PW) Transportation Planner C. Gallogly and Superintendent of Parking Services H.

Sawyer responded to Councilmember questions.

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

Garrett
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to:
 Adopt Resolution No. NS-30,131 setting operating hours, parking and permit rates, and increasing parking lots/structures hourly rates and monthly permit rates, rescinding Resolution No. NS-29,441; and
 Introduce for publication Ordinance No. 2023-07 to amend Chapter 10.52 to increase downtown parking meter rates; and
 Resolution No. NS-30,132 to eliminate the parking deficiency fee paid by businesses, to update the automobile parking requirements for development projects in Parking District No. 1 per California Assembly Bill 2097 and set monthly parking permit rates, rescinding Resolution No. NS29,858.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8.11 April 11, 2023 CITY COUNCIL MINUTES 6439
General Business (continued)

19. Appeal of Proposed Single Space Markings on David Way (PW) Continued to April 25, 2023 Council meeting.

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

Oral Communications
At 6:32 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

James Ewing Whitman spoke regarding electric vehicles, and a book he recently read.

Garrett spoke regarding the $127,000,000 water bond, and expressed disappointment with the staff presentation, and with the lack of questions from Council.

Darius Mohsenin spoke regarding large-item trash collection, and rates at the landfill in comparison to other municipalities.

At 6:39 p.m. Mayor Keeley closed Oral Communications.

Adjournment - Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 6:40 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

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

MINUTES OF A CITY COUNCIL SPECIAL MEETING
April 18, 2023
9:00 AM
Call to Order – Mayor Keeley called the meeting to order at 9:09 a.m. in the Police Community Room at 155 Center Street.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Information Technology K. Morgan, Water Director R. Menard, Deputy City Manager L. Murphy, Chief of Fire R. Oatey, Chief of Police B. Escalante, Director of Economic Development and Housing B. Lipscomb, Director of Finance E. Cabell, Communications Manager E. Smart, Director of Planning and Community Development L. Butler, Director of Public Works N. Nguyen, Chief People Officer S. De Leon, Director of Parks and Recreation T. Elliot, Deputy Director of Water/Engineering Manager H. Luckenbach, Principal Management Analyst E. Nguyen, City Clerk Administrator B. Bush.

General Business

1. City Council Strategic Planning Workshop
Mayor Keeley opened the public comment period at 9:10 a.m. The following people spoke:

James Ewing Whitman
Garrett Philipp
Unidentified person
Susan Monheit
Mayor Keeley closed the public comment period at 9:19 a.m.

9.1 April 18, 2023 CITY COUNCIL SPECIAL MEETING MINUTES 6441 General Business (continued)

1. City Council Strategic Planning Workshop (continued) City Manager M. Huffaker welcomed everyone and provided current updates.

Nancy Hetrick, Managing Director with Baker Tilly, introduced herself and Ashley Garcia, Consulting Manager. Nancy explained the agenda, goals, and overview for the workshop.

Principal Management Analyst E. Nguyen gave a presentation and responded to questions.

Chief of Police B. Escalante responded to Councilmember Brunner’s questions regarding public safety and the Community Request for Service Portal (CRSP).

Councilmember Kalantari-Johnson and Vice Mayor Golder spoke. Chief of Police B. Escalante and Chief of Fire R. Oatey responded to questions.

Councilmember Watkins spoke.

Ashley Garcia spoke regarding Stakeholder input.

Councilmembers Watkins, Brown, and Kalantari-Johnson spoke.

At 10:30 a.m., the group recessed for a break.

Nancy shared the current Vision Statement: Building a future for everyone, together.

Council shared thoughts and discussed alternatives for a new Vision Statement.

Nancy presented the Focus Areas and Goal Statements. Mayor Keeley, Vice Mayor Golder, and Councilmembers Kalantari-Johnson and Watkins spoke.

The group recessed for lunch from 11:40 a.m. to 12:20 p.m.

9.2 April 18, 2023 CITY COUNCIL SPECIAL MEETING MINUTES 6442 General Business (continued)

1. City Council Strategic Planning Workshop (continued) Mayor Keeley opened the public comment period at 12:24 p.m. The following people spoke:

Nicholas Whitehead
Susan Monheit
Frank Barron
Laura
Mayor Keeley closed the public comment period at 12:35 p.m.

Fiscal Sustainability and Transparency:

Vice Mayor Golder and Councilmembers Brown Brunner, Watkins, and Kalantari-Johnson spoke.

Strong Business Communities and a Vibrant Downtown
Vice Mayor Golder, Councilmembers Watkins, Brunner, and Kalantari-Johnson, and City Manager M. Huffaker spoke.

Housing
Mayor Keeley, Councilmembers Kalantari-Johnson and Brown, Director of Economic Development and Housing B. Lipscomb, and City Manager M.

Huffaker spoke.

Homelessness Response
Mayor Keeley, Vice Mayor Golder, Councilmembers Kalantari-Johnson, Brunner, Brown, and Watkins, Director of Economic Development and Housing B. Lipscomb, Director of Planning and Community Development L. Butler, and City Manager M. Huffaker spoke.

The group recessed for a break from 1:45 p.m. to 1:55 p.m.

Public Safety
Mayor Keeley, Vice Mayor Golder, Councilmembers Kalantari-Johnson, Brunner, Watkins, and Brown, Chief of Police B. Escalante, Chief of Fire R.

Oatey, and Deputy City Manager L. Murphy spoke.

9.3 April 18, 2023 CITY COUNCIL SPECIAL MEETING MINUTES 6443 General Business (continued)

1. City Council Strategic Planning Workshop (continued) Infrastructure
Mayor Keeley, Vice Mayor Golder, Councilmembers Watkins and Brunner, City Manager M. Huffaker, and Director of Public Works N. Nguyen spoke.

Thriving Organization
Mayor Keeley, Vice Mayor Golder, Councilmembers Watkins, Brown, and Brunner, Director of Water R. Menard, Chief People Officer S. De Leon, and City Manager M. Huffaker spoke.

Nancy Hetrick shared next steps: Baker Tilly will prepare a draft Strategic Plan based on the input received during the workshop. Staff will take the draft plan to Council for adoption create an implementation action plan.

Council thanked everyone for their participation.

Adjournment - The workshop adjourned at 2:52 p.m.

Respectfully Submitted:

Bonnie Bush, City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

9.4 City Council

AGENDA REPORT
DATE: 04/04/2023
AGENDA OF: 04/25/2023
DEPARTMENT: City Manager
SUBJECT: Children’s Fund Oversight Committee Bylaws (CM) RECOMMENDATION: Motion to approve amendments to the Children’s Fund Oversight Committee bylaws and governing document.

BACKGROUND: The Children's Fund Oversight Committee (CFOC) was formed on December 13, 2022 as a result of the voter approved Measure A which amended the City Charter to allocate 20% of revenue generated by the Cannabis Business Tax to youth and early childhood development programs and services. The CFOC is charged with making recommendations on the use of future Children’s Fund revenues.

DISCUSSION: On January 24, 2023, The City Council approved the CFOC bylaws and governing documents. Since approval, there are some amendments to be made. 1) The staff Liaison to the CFOC was designated to be the Director of Parks and Recreation.

Staff is recommending the oversight of the CFOC and the associated programming and responsibilities transfer to the City Manager's Office. Therefore necessitating an amendment to the bylaws, Article VII – Staff Support, Section 1. Staff: “The Director of Parks and Recreation, or their designee, shall act as Liaison on behalf of the City…” 2) Staff found a clerical error in Article IX-Conduct of Meetings, Section 4. Quorum: A quorum of the Children’s Fund Oversight Committee shall consist of six whether or not there are vacancies on the Advisory Body. There are seven members on the CFOC, a quorum would be four members, not six.
3) Under Article V - Term of Office, Section 3, staff is recommending to apply the term expiration requirement to the two at-large seats. In addition, the Parks and Recreation Commission and the Council appointee terms will be for the duration of their term on their respective boards, and all other members will be eligible for reappointment without limitation at the completion of their eighth consecutive year of service.

The CFOC bylaws may only be amended through City Council action.

FISCAL IMPACT: None.

10.1 Prepared and Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT BYLAWS - TRACK CHANGES.DOC

2. DRAFT BYLAWS - CLEAN.DOC

10.2 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 1 BYLAWS
of the
Children’s Fund Oversight Committee
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Children’s Fund Oversight Committee of the City of Santa Cruz, CA
Adopted by Council January 24, 2023
Amended by the CFOC March 30, 2023
Approveddopted by City Council April
25, 2023

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

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

10.5 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 4 Children’s Fund Oversight Committee Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Children’s Fund Oversight Committee of the City of Santa Cruz, California; hereinafter referred to as the Committee or the Advisory Body.

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

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

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

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

10.6 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 5 Section 2. Qualifications
Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three members who may be non-residents of the City provided that the nonresident committee members have experience in youth programs and early childhood development.

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

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

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

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

2. One member of the Santa Cruz City School District

3. One member of First Five Santa Cruz

4. One member of a local youth organization

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

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

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

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

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

10.7 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 6 Section 7. Ex-Officio Membership “Optional”
The Children’s Fund Oversight Committee may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. The City Council will authorize the Chair of the Advisory Body to nominate member(s)-at-large for Council approval to be non-voting ex-officio members for a determined period of time.

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

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

Section 3. Length of Term
At-large membersA member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighthfourth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have three years or less at the time their term expires are eligible for reappointment. The Parks and Recreation Commission and Council appointees’ terms will be for the duration of their term on their respective board. All other members are eligible for reappointed without limitation at the completion of their eighth consecutive year of service.

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

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

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

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

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

10.8 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 7 A member may withdraw their name if placed in nomination, announcing that, if elected, s/he would not be able to serve; but s/he shall not withdraw in favor of another member.

10.9 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 8 Once the nominations are complete, the Chair will ask for a motion to close the nominations; a second of, and vote on, the motion is required.

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

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

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

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

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

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

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

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

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

10.10 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 9 ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.

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

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

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

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

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

10.11 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 10 ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the Second Thursday of February and April which shall begin at 3:00 PM in the Council Chambers and will adjourn no later than 5:00 PM, unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.

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

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

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

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

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

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

10.12 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 11 Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.

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

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

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

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

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

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

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

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

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

10.13 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 12 Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.

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

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

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

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

10.14 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 13 4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.

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

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

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

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

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

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

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

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

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

10.15 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 14 consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.

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

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

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

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

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

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

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

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

10.16 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 15 As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.

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

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

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

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

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

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

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

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

10.17 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 16 ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.

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

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

Attest:

Tremain Hedden-Jones, Secretary to the Committee Date

10.18 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 1 BYLAWS
of the
Children’s Fund Oversight Committee
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Children’s Fund Oversight Committee of the City of Santa Cruz, CA
Adopted by Council January 24, 2023
Amended by the CFOC March 30, 2023
Approved by City Council April 25, 2023

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

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

10.21 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 4 Children’s Fund Oversight Committee Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Children’s Fund Oversight Committee of the City of Santa Cruz, California; hereinafter referred to as the Committee or the Advisory Body.

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

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

10.22 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 5 Section 2. Qualifications
Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three members who may be non-residents of the City provided that the nonresident committee members have experience in youth programs and early childhood development.

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

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

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

2. One member of the Santa Cruz City School District

3. One member of First Five Santa Cruz

4. One member of a local youth organization

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

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

10.23 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 6 Section 7. Ex-Officio Membership “Optional”
The Children’s Fund Oversight Committee may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. The City Council will authorize the Chair of the Advisory Body to nominate member(s)-at-large for Council approval to be non-voting ex-officio members for a determined period of time.

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

Section 3. Length of Term
At-large members shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have three years or less at the time their term expires are eligible for reappointment. The Parks and Recreation Commission and Council appointees’ terms will be for the duration of their term on their respective board. All other members are eligible for reappointed without limitation at the completion of their eighth consecutive year of service.

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

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

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

10.24 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 7 A member may withdraw their name if placed in nomination, announcing that, if elected, s/he would not be able to serve; but s/he shall not withdraw in favor of another member.

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

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

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

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

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

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

10.25 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 8 ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.

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

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

10.26 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 9 ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the Second Thursday of February and April which shall begin at 3:00 PM in the Council Chambers and will adjourn no later than 5:00 PM, unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.

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

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

10.27 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 10 Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.

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

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

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

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

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

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

10.28 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 11 Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.

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

10.29 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 12 4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.

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

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

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

10.30 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 13 consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.

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

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

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

Section 4. Electronic Recording of Meetings
Proceedings for all standing Brown-Act Advisory Body meetings shall be recorded andretained pursuant to the City of Santa Cruz Records Retention Schedule.

10.31 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 14 As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.

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

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

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

10.32 Bylaws of the City of Santa Cruz Children’s Fund Oversight Committee Page 15 ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.

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

Attest:

Tremain Hedden-Jones, Secretary to the Committee Date

10.33 City Council

AGENDA REPORT
DATE: 04/13/2023
AGENDA OF: 04/25/2023
DEPARTMENT: City Council
SUBJECT: Initiative No. 21-0032A1, The Taxpayer Protection and Government Accountability Act (CN)
RECOMMENDATION: Motion to:
1) Adopt a resolution of the Santa Cruz City Council opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act; and 2) Authorize the Mayor to send letters and copies of the adopted resolution to state legislators and the League of California Cities on behalf of the Santa Cruz City Council opposing Initiative No. 21-0032A1.

BACKGROUND:

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public services impacts.

The measure would have significant negative impacts on City of Santa Cruz operations and core service delivery.

The proposed constitutional initiative is sponsored by the California Business Roundtable.

Full Text of Ballot Initiative (also added as an attachment) Major Provisions
Fees and Charges
 Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.  Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and

11.1 charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.  Prohibits fees on new development based on vehicle miles traveled.

Taxes
 Taxes and fees adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
 Invalidates Upland decision that allows a majority of local voters to pass special taxes.

The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
 Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.  Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service)  New taxes can only be imposed for a specific time period.  City charters may not be amended to include a tax or fee.  All state taxes require majority voter approval.

Fines and Penalties
 May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

DISCUSSION:

On January 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG #21-0042A1.

On February 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposed this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.

Major examples of affected fees and charges are:
 Nuisance abatement charges, such as weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.  Commercial franchise fees.

11.2  Emergency response fees, such as in connection with DUI.  Advances Life Support (ALS) transport charges.
 Document processing and duplication fees.
 Transit fees, tolls, parking fees, and public airport and harbor use fees.  Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually, every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

City of Santa Cruz fees and charges adopted after January 1, 2022, that are immediately affected by the Act include but are not limited to:
 Parks and Recreation Street Tree Replacement In-Lieu Fee, which will be limited to actual costs,
 Planning and Zoning Impound Fees, if treated as fees rather than penalties, will be limited to actual costs,
 Any charges on leases for City property created after January 1, 2022 will be subject to a reasonableness standard,
 A Vehicle Miles Travelled impact analysis adopted for development projects on May 12, 2022 will be overturned and prohibited.

Importantly, the Act will require all City of Santa Cruz fees and charges to be adopted by ordinance, meaning that the fees and charges listed above would also be voided unless readopted by ordinance. Furthermore, language in the Act suggests that an ordinance will also be required to enact, reenact, create, establish, collect, increase, or extend any fee or charge, which would quickly affect other fees and charges imposed by the City that require an increase or extension.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov’t Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be “excessive” [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

11.3 City of Santa Cruz penalties adopted after January 1, 2022, that are immediately affected by the Act could include the City of Santa Cruz Planning and Zoning Department impound fees. If the impound charges are considered penalties rather than fees, they would be subject to “adjudicatory due process.”
FISCAL IMPACT: The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide.

The City of Santa Cruz Financial Impact
The financial impact of the Act would be considerable, as a significant amount of fee revenue would be put at risk of litigation or reduced to actual costs, fees and charges would require ordinances for adoption and future increases, legal defense costs would increase due to new sources of potential litigation, taxes would be invalidated or reduced, and development would be delayed and open to other sources of litigation.

Submitted By:

Shebreh Kalantari-Johnson
Councilmember
Submitted By:

Martine Watkins
Councilmember
Submitted By:

Sonja Brunner
Councilmember
ATTACHMENTS:

1. RESOLUTION.DOC

2. FULL TEXT OF INITIATIVE.PDF

3. OPPOSE LETTER.PDF

4. SUMMARY.PDF

5. FISCAL ANALYSIS.PDF

6. BOARD MEMBERS.PDF

11.4 RESOLUTION NO. NSA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
THEREFORE, BE IT RESOLVED that the Santa Cruz City Council opposes Initiative 21- 0042A1.

BE IT FURTHER RESOLVED that the Santa Cruz City Council join the No on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

11.6 BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk

11.7 2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1

11.8 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 11.9
(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 11.10
that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 11.11
.lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 11.12
(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 11.13
as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 11.14
(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 11.15
declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 11.16
Email a copy to [email protected] as well as your Regional Public Affairs Manager.

April 25, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On April 25, 2023, the City of Santa Cruz voted to oppose Initiative 21-0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

The initiative would invalidate fees and charges the City of Santa Cruz adopted since January 1, 2022, as well as require an increase in the transient occupancy approved by voters in November of 2022 to be re-submitted for voter approval. The initiative would also significantly constrain the future implementation of all fees and charges in Santa Cruz. It

11.17 would significantly increase the administrative cost of adopting or increasing fees, and restrict revenue from fees.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

You may list the City of Santa Cruz in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,
Fred Keeley
Mayor
City of Santa Cruz

11.18 1
The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A11
Feb. 1, 2023
Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act’s new rules.

Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.

Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.

State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution.

11.19 2
Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.

11.20 CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety.  About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1  Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act
2 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations.
 Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
 Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes.  A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Roya le Lane • Dav i s , CA • 95616 -6616
Phone: 530 .758 .3952 • Fax: 530.758 .3952
Rev. January 14, 2023

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 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.

Citizen Initiative Special Taxes in 2022.

Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.

On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.

On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.

June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District
Mariposa Measure N Transactions
& Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS
County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD
Los Angeles Measure A School Parcel
Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL

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measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.

Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.

November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District
Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 mto $1.1 b affordablehousing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit
$ 20,000,000 housing 30yrs 54.5% PASS
Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School ParcelTax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif StateUniv 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School ParcelTax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay
San Luis
Obispo
Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District
Marin Measure O Parcel Tax $0.20/sf,
$150/vacant
$ 276,000 fire none 27.0% FAIL

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit
$ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals

2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Taxdisp cups 12.5cents/cup $ 700,000 none 68.2% PASS South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS

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Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts ? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District
El Dorado Measure J ParcelTax by $600 to
$900/parcel $ 117,900 airport/streets none 78.2% PASS
Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD
El Dorado Measure P ParcelTax by $300+ to
$600+/parcel $ 8,400 streets none 75.5% PASS
Sundance Trail Zone of
Benefit
El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to

1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS

11.26 – 7 – rev January 14, 2023
CaliforniaCityFinance.com
Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.

There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).

1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual and reasonable test."  Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space/ trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS

11.27 – 8 – rev January 14, 2023
CaliforniaCityFinance.com
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
 Subjects a challenged fee to new, higher burdens of proof if legally challenged.

2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:

1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.

2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.

11.28 Business Roundtable Board
Aera Energy
Albertsons
Altria (tobacco)
Anthem Blue Cross
Automobile Club of Southern California
Bittle Enterprises (Enterprise
Rent-a-car)
Blackstone
Caruso Management (Rick Caruso)
Chevron
C.J. Segerstrom & Sons
Dart Container
DLA Piper (Law Firm)
Douglas Emmett
Eli Lilly & Company
Exxon
Farmers Group (Insurance)
Fivepoint (Developer)
Global Medical Response Solution
Grimmway Farms
Irvine Company
KB Homes
Kilroy Realty
LevatoLaw
Majestic Realty
Marathon Petroleum Corp.

McKinsey & Company
National CORE
PepsiCo
PhRMA
Sempra
State Farm
Sutter Health
Union Pacific Railroad
United Airlines
UPS
Valero
Western National Group
Wells Fargo
Wellpoint (insurance)
Western National Group

11.29 City Council

AGENDA REPORT
DATE: 04/04/2023
AGENDA OF: 04/25/2023
DEPARTMENT: City Council
SUBJECT: City Council District Engagement Policy (CN)
RECOMMENDATION: Motion to approve City Council Policy, 6.21, District Engagement.

BACKGROUND: In June of 2022, the City of Santa Cruz voters passed Measure E, which moved from at-large, elected Councilmembers to six districts and an at-large elected Mayor. The district election process is implemented in two phases, with the first phase having already been implemented in November of 2022 with Districts 4 and 6, and the at-large, elected Mayor. The remaining Districts, 1, 2, 3 and 5 will be elected in November 2024.

With the onset of the districts, the need for a District Engagement Policy became apparent. The proposed City Council Policy is to provide guidance to Councilmembers and the Mayor regarding constituent engagement, outreach, and use of City resources including funding and staff assistance for district engagement activities.

DISCUSSION: A District Engagement Policy (Policy) is not uncommon for those agencies with district elections. The Policy provides guidance for the use of resources including City funding, staff, appropriate constituent outreach, use of mail, electronic mail, social media and the City website. In addition, the Policy provides guidance on staff and Councilmember coordination and communication. Finally, the Policy addresses inter-district coordination among Councilmembers, the Mayor, and staff.

FISCAL IMPACT: As part of the proposed Policy, it is recommended the expense allowance for for each Councilmember and the Mayor be increased to accommodate the costs associated with anticipated increases in district engagement. Councilmembers are currently allocated $510/year and the Mayor is allocated $1,275/year for a total of $4,335/yr. The policy proposes increasing the Councilmember funding to $2,000/year and the Mayor to $5,000/year for a total of $17,000. The proposed increase is $12,665/year. The request will be included for addition in the FY 2024 budget hearings.

Submitted By:

Fred Keeley
Mayor
Submitted By:

Shebreh Kalantari-Johnson
Councilmember
Submitted By:

Sonja Brunner
Councilmember
ATTACHMENTS:

1. DISTRICT ENGAGEMENT POLICY.DOCX

12.1 COUNCIL POLICY 6.21
POLICY TITLE: DISTRICT ENGAGEMENT
POLICY STATEMENT:

This policy is to provide guidance to Councilmembers and Mayor (Members) regarding constituent engagement, outreach, and use of City resources, including funding and staff assistance for District engagement activities.

I. District Councilmembers and Mayor Resources
a. City Staff: City staff will support Members with District constituents matters using the same procedures and practices as stated in Council Policy 6.9 Requests of Staff Made by Councilmembers
https://www.cityofsantacruz.com/government/city-council/council-policy-manual b. City Funding: Each Councilmember will be provided a budget of $2,000 per year and the Mayor $5,000, to support district engagement activities. Funds may be used for expenses related to these guidelines. Examples of uses include outreach and marketing materials, facility rental, and food. These funds are separate from the travel, training, and conference budget. Funds may not be transferred between districts. Balances remaining from the allocation at the end of the fiscal year will not carry-forward to the next fiscal year. Requests for reimbursements shall be submitted to the City Manager’s Office with receipts.
c. District specific information such as city owned facilities located in a district, neighborhood organizations, schools, or public improvement projects will be available upon request, and in accordance with Council Policy 6.9 and availability of resources.

II. Constituent Outreach
Constituent Outreach means communications with constituents to promote civic involvement and public awareness of City operations, services, programs, policies, and matters pending before the City Council and to elicit input from constituents regarding such matters. Outreach can be in a variety of forms including those listed below.
a. District Meetings: Each Member may hold two district meetings per year which requires City resources and staff support. All City supported district meetings should be considered a public meeting and open to any member of the public (whether or not they reside in the district hosting the meeting) City Council members may not call district meetings that require City resources or staff support without City Manager approval. Staff support at these district meetings shall be limited to staff presentations and normal preparation time prior to the meeting.

12.2 Nothing in this policy shall prevent a City Councilmember from holding district meetings which do not involve City resources or staff support. City-owned facilities may be used to hold the meeting upon prior request, based on availability, and in accordance with Council Policy, Section 7, City Facilities, Use Of (https://www.cityofsantacruz.com/government/city-council/council-policymanual).

City Councilmembers may not call citywide meetings which require resources or staff support. Citywide meetings may only be called by the Mayor or the City Council. Nothing in this policy shall prevent a City Councilmember from holding citywide meetings which do not involve City resources or staff support. b. Electronic Communication: Members may utilize their city provided email to notify constituents of Member or city sponsored/supported events. However, members may not utilize city email for personal reasons or campaigning. Please see City Administrative Procedure Order (APO), I-82 - Technology Use Policies, Section I-82.3 Email Use Policy -
http://intranet/home/showpublisheddocument/1877/637601531677170000 . c. Regular Postal Mail: The Fair Political Practice Commission (FPPC) Section 18901.1 Campaign Related Mailings Sent at Public Expense and Section 89002 of the Political Reform Act regulate the distribution of mail by District Councilmembers. A mailing is prohibited if:
i. The item sent is a tangible item, such as a written document, videotape, record, or button and is delivered, by any means, to the recipient's residence, place of employment or business, or post office box.1 ii. The item either: (1) features an elected officer affiliated with the agency that produces or sends the mailing; or (2) includes the name, office, photograph, or other reference to an elected officer affiliated with the agency that produces or sends the mailing, and is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer. iii. Public moneys are paid for either: (1) the costs of distributing the item; or (2) public funds, in excess of $50, are used to design, produce, or print the item, and the design, production, or printing is done with the intent of sending the item.

More than two hundred substantially similar items are sent in a single calendar month (excluding any item sent in response to an unsolicited request).

Permissible Mailings (except when sent within 60 days of an election)2 1 Note that emails, website postings, text messages, and recorded telephone messages/robocalls are not considered tangible items prohibited under FPPC Regulations.
2 See FPPC website for details and additional exceptions: https://www.fppc.ca.gov/learn/public-officials-andemployees-rules-/communications-sent-using-public-funds/campaign-related-communications.html

12.3 i. Letterhead/Roster Listing. A mailing in which a councilmember’s name appears only in the letterhead or logotype of the stationery, forms, and envelopes of the agency, or in a roster listing containing the names of all elected officers of the City.
ii. Meeting Announcements. A public meeting announcement sent to a councilmember’s constituents so long as the meeting is directly related to the councilmember’s governmental duties and they intend to attend.

The item may not contain the councilmember’s photo or signature and may include only a single mention of the councilmember. iii. Event Announcement. An announcement of any official city event or events for which the city is providing the use of its facilities or staff, or other financial support. The item may not contain the councilmember’s photo or signature and may include only a single mention of the councilmember.
iv. Business Cards. Business cards that do not contain a councilmember’s photo or more than one mention of the councilmember’s name. d. Social Media: The City will not be responsible for posting information on Members’ personal social media accounts. The City will post authorized events on City social media accounts consistent with this policy and with the City’s social media policy (See City APO I-82 - Technology Use Policies, Section I82.4, Social Media Policy - http://intranet/home/showpublisheddocument/1877/637601531677170000) .

Items will be submitted to the Communications Manager no later than 10 business days prior to the event.
e. City Website: Each Councilmember and Mayor will have a city-maintained web page with information on each District, including a District Map, the Members’ committee, commissions and board assignments, calendar of City and District Members events, contact information, the ability for members of the public to sign up for information and any other City related information as requested.

Requests for website updates will be submitted at least 10 days prior to posting.

f. Informal Meetings or Gatherings: Nothing in this policy shall preclude Members from holding informal meetings or gatherings without City staff resources.

III. Staff/Councilmember/Mayor Coordination & Communication a. City staff will support Councilmembers with District constituents matters using the same procedures and practices as those under an at-large, elected Council and in accordance with Council Policy 6.9 as stated above.
b. The Mayor and the City Council shall be kept advised of the status of potential and actual proposals for major projects and issues that have a significant citywide impact, and other city related issues in their district.

12.4 IV. Inter-district Coordination
a. City Councilmembers may communicate with any City community member in any District.
b. City Councilmembers meeting with a resident voting in another District are expected to encourage the resident to communicate with their elected Councilmember. The Councilmember will notify the District Councilmember of the meeting.
c. All Members will be informed of event invitations when the entire City Council is invited.
d. Communications intended for the City Council as a whole will be shared with all City Councilmembers.
e. The City Manager and staff will continue to make recommendations and provide City services based on the best interest of the community as a whole. f. City Councilmembers are elected by District but will continue to govern taking into account the needs of the entire community.

12.5 City Council

AGENDA REPORT
DATE: 04/19/2023
AGENDA OF: 04/25/2023
DEPARTMENT: City Council
SUBJECT: Support for Senate Bill 331 (SB 331) (CN)
RECOMMENDATION: Motion to authorize the Mayor to send a letter of support to Senator Laird on behalf of Santa Cruz City Council in support of Senate Bill 331 (SB 331).

BACKGROUND: Senate Bill 616 (SB 616) – Child Custody, Child Abuse, and Safety was renamed to Senate Bill 331 (SB 331), also known as Piqui’s Law. The bill was introduced by Senator Susan Rubio on February 18, 2021, which focused on protecting children from family violence by ensuring that the court considers any history of domestic violence or child abuse when making child custody decisions.

The bill was named after Piqui, a young boy who was tragically killed by his father in a murdersuicide. Piqui’s mother had reported instances of domestic violence and requested a restraining order, but she had lost custody of Piqui to his father. The bill seeks to prevent similar tragedies by prioritizing children's safety and well-being in custody decisions.

Domestic violence and child abuse are significant public health concerns that can cause longterm physical and psychological harm to the victims. Studies have shown that children who are exposed to family violence are at greater risk of experiencing various negative outcomes, such as depression, anxiety, post-traumatic stress disorder (PTSD), substance abuse, and engaging in criminal behavior. Therefore, it is crucial that the courts consider any history of abuse or violence when making custody decisions to ensure the child's safety.

DISCUSSION: The Santa Cruz City Council has a vested interest in supporting the passage of SB 331 as it promotes the safety and well-being of children at risk of domestic violence or child abuse.

SB 331 is a step towards ensuring that the safety and well-being of children are prioritized when making custody decisions. The bill also emphasizes the importance of considering any history of domestic violence or child abuse in custody proceedings, which will contribute to preventing future incidents of abuse and violence.

The proposed SB 331 can potentially promote the safety and well-being of children who may be at risk. The City has a responsibility to promote the safety and well-being of its residents, especially vulnerable populations such as children. Supporting SB 331 is an important step in

13.1 fulfilling that responsibility. The Mayor’s letter of support can help amplify our residents' voices and demonstrate our commitment to this critical issue.

FISCAL IMPACT: None.

Submitted By:

Renee Golder
Vice Mayor
Submitted By:

Shebreh Kalantari-Johnson
Councilmember
Submitted By:

Martine Watkins
Councilmember
ATTACHMENTS:

1. LETTER OF SUPPORT.DOCX

13.2 April 25, 2023
Senator John Laird
Capitol Office
1021 O Street, Suite 8720
Sacramento, CA 95814
RE: Letter Supporting Piqui’s Law
Dear Senator Laird,
My name is Mayor Fred Keeley, and I am from Santa Cruz, California, working with the organization dedicated to bringing back Maya and Sebastian Laing. I strongly urge you to support SB 331 (Rubio), a bipartisan bill known as Piqui’s Law with an AYE vote, and to commit to becoming a co-author of SB 331 (Rubio).

SB 331, as introduced by Senator Rubio, will help protect victims and their children by ensuring that judges receive critical training on topics such as child abuse, child sexual abuse, trauma, and domestic violence. If properly enacted, California will be eligible to receive millions of dollars in federal funding to support domestic violence reforms and child abuse cases.

Piqui’s Law is an important legislative intervention that will help prevent tragic outcomes for children like Pique (5 years old), who, despite mass evidence of abuse and warnings, was murdered in 2017 by his dangerous father after being forced into court-ordered visitation with his unsafe parent.

Additionally, in 2017, two children, Sara (9 years old) and Sopia (12 years old), were murdered in West Sacramento by their father. In February 2022, in Sacramento, Samarah (9 years old), Samantha (10 years old), and Samina (13 years old), and a supervised visitation monitor were murdered by a dangerous father in February 2022. Placing children with dangerous parents continues to be a dangerous practice, with over 900 children from 2008 to present-day murdered by dangerous parents following a c court order to stay with an unsafe parent.

SB 331 will also put common-sense safeguards in place that could save the lives of many children, such as clarifying the prohibition of courts to order children into ‘reunification programs’ as part of child custody and visitation proceedings. These ‘reunification’ programs abruptly sever the contact between children and their safe, preferred parents for months and sometimes years.

13.3 An example of this occurred in a Santa Cruz case, as the world watched Maya and Sebastian’s violent removal from their safe father’s home. They have not been returned in the six months since they have been torn away from everything important to them. This practice continues to be cruel and inhumane.

Every day in California, children are being forced into unsafe relationships with dangerous parents. This needs to stop immediately. Piqui’s Law will help us protect the children of California for years to come.

I am requesting you say AYE in support of this legislation and to please co-author SB 331 to protect California children from dangerous situations and harm.

Sincerely,
Fred Keeley
Mayor
City of Santa Cruz

13.4 City Council

AGENDA REPORT
DATE: 04/13/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: Approval of Parklet Design Standards Contained within the Parklet Guidelines and Approval of two “Pre-Approved” Parklet Design Plans (PW/ED)
RECOMMENDATION: Motion to:
1) Approve the design standards incorporated in the parklet guidelines; and 2) Approve two “pre-approved” parklet designs created by Dillon Design Associates; and 3) Adopt a resolution approving the design standards incorporated in the parklet guidelines and two “pre-approved” parklet designs pursuant to Government Code Section 830.6.

BACKGROUND: On November 15, 2022, the Santa Cruz City Council adopted Santa Cruz Municipal Code (SCMC) Chapter 5.83, establishing a permitting system for businesses to construct and operate parklets within the public right-of-way. At that same meeting, the City Council also adopted parklet guidelines which set forth design standards the parklets must adhere to.

SCMC Chapter 5.83 permits business owners to either retro-fit a pre-existing parklet, create a custom design parklet, or choose from two pre-approved parklet design options. Each option requires the business owner to comply with the design standards set forth in the parklet guidelines. City staff worked with Dillon Design Associates, a licensed landscape architecture firm, to create two pre-approved parklet design options for businesses to utilize pursuant to SCMC Chapter 5.83.

Staff recommends adopting the attached resolution to approve the design standards contained within the parklet guidelines and two pre-approved design options for the parklet designs. This will enable the City to assert design immunity and protect the City from potential liability relating to accidents involving the parklets in the public right-of-way, if the City is named as a party in a legal case.

DISCUSSION: Government Code section 830.6 provides design immunity for public entities and public employees, as summarized below:

14.1 Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved. . . .

To establish the design immunity defense to shield the public agency from liability, the public agency must show:
1) A causal relationship between the plan or design and the accident; 2) Discretionary approval of the plan or design before the construction or improvement; and 3) Substantial evidence supporting the reasonableness of the plan or design.

Prior to commencing construction of parklets under SCMC Chapter 5.83, staff recommends adoption of the attached resolution to ensure that design immunity pursuant to Government Code section 830.6 attaches to parklets permitted under SCMC Chapter 5.83. Should Council take action to adopt this resolution, it would become effective immediately.

FISCAL IMPACT: None.

Prepared By:

Joshua Spangrud/Rebecca
Unitt
City Engineer/Economic
Development Manager
Submitted By:

Nathan Nguyen/Bonnie
Lipscomb
Director of Public
Works/Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Meeting Date: - Agenda Item Caption: Approval of Parklet Design Standards Contained within the Parklet Guidelines and Approval of two “Pre-Approved” Parklet Design Plans (PW/ED)

2. RESOLUTION.DOCX

3. PARKLET DESIGN STANDARDS.PDF

4. “PRE-APPROVED” PARKLET DESIGNS.PDF

14.2 RESOLUTION NO. NS-XX,XXX

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

THE DESIGN STANDARDS INCORPORATED IN THE PARKLET GUIDELINES AND TWO “PRE-APPROVED” PARKLET DESIGN PLANS PURSUANT TO GOVERNMENT CODE SECTION 830.6.

WHEREAS, on November 15, 2022, the Santa Cruz City Council adopted Santa Cruz Municipal Code (“SCMC”) Chapter 5.83, establishing a permitting system for businesses to construct and operate parklets within the public right-of-way; and WHEREAS, at that same meeting, the Santa Cruz City Council adopted a resolution adopting the parklet guidelines which set forth design standards for the parklets; and WHEREAS, SCMC Chapter 5.83 permits business owners to either retro-fit a pre-existing parklet, create a custom design parklet, or choose from two pre-approved parklet design options.

Each of these options require the business owner to comply with the design standards set forth in the parklet guidelines; and
WHEREAS, City staff worked with Dillon Design Associates, a licensed landscape architecture firm, to create two pre-approved parklet design options for businesses to construct pursuant to SCMC Chapter 5.83; and
WHEREAS, the City Engineer reviewed and approved the design standards set forth in the parklet guidelines; and
WHEREAS, the City Engineer also reviewed the two pre-approved parklet design options prepared by Dillon Design Associates and has confirmed the two designs meet the design standards set forth in the parklet guidelines; and
WHEREAS, by adopting this Resolution, the City Council intends to avail the City of Santa Cruz of the immunities set forth in Government Code section 830.6.

NOW THEREFORE, BE IT RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings.

BE IT FURTHER RESOLVED that the City Council hereby finds and declares that:

1. The parklet guidelines include design standards that parklets operating pursuant to SCMC Chapter 5.83 must adhere to.

2. The City Engineer reviewed the design standards set forth in the parklet guidelines, attached to this Resolution as Exhibit A, and approves of the design standards as consistent with the City’s standards.

14.3 RESOLUTION NO. NS-XX,XXX
[Date]
2 3. City staff worked with Dillon Design Associates, a licensed landscape architecture firm, to create two pre-approved parklet design options for businesses to construct pursuant SCMC Chapter 5.83.

4. The City Engineer reviewed the two designs prepared by Dillon Design Associates, attached to this Resolution as Exhibit B, and approves of the designs as being consistent with the parklet design standards and the City’s standards.

5. The City Council wishes to obtain the immunities set forth in Government Code section 830.6 with regard to parklets constructed pursuant to the design standards set forth in the parklet guidelines, including the two design options prepared by Dillon Design Associates.

6. The design standards contained within the parklet guidelines and two design options prepared by Dillon Design Associates are determined to be consistent with the City’s standards and are approved.

7. The design approval set forth in this Resolution occurred before actual work on any parklet operating under SCMC Chapter 5.83 commenced.

8. The approval granted by this Resolution conforms with the City’s General Plan.

9. The City Engineer, or designee, is authorized to act on the City’s behalf in exercising the discretionary authority to approve any alterations or modifications of the design standards set forth in the parklet guidelines and the two parklet design options approved by this Resolution.

10. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code section 830.6.

11. The City Clerk is directed to certify the adoption of this Resolution.

12. This Resolution will become effective immediately upon adoption.

PASSED AND ADOPTED this 11th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor

14.4 RESOLUTION NO. NS-XX,XXX
[Date]
3 ATTEST: ___________________________
Bonnie Bush
City Clerk Administrator

14.5 1
Published: April 13, 2023
PREPARED BY:

CITY OF SANTA CRUZ

ECONOMIC DEVELOPMENT DEPT &

DILLON DESIGN ASSOCIATES, LLC

CITY OF SANTA CRUZ

PARKLET

PROGRAM

PARKLET GUIDEBOOK

14.6 2
3 TABLE OF CONTENTS
Cover Sheet1
Table of Contents3
01: Introduction: 4 - 5
Parklet Program Overview
What is a Parklet?
Who Owns the Parklets?
Goals & Purpose of Parklet Program
02: Parklet Design Standards & Guidelines 6 - 13
03: Custom vs Pre-Designed Parklet Design14 - 17
How to create your own design
04: Pre-Approved Parklet Options18 - 31
Customizable Features 20 - 21
Option 01: Parallel Parklet22 - 25
Option 02: Diagonal Parklet26 - 29
Cost Estimates 30 - 31
05: Retrofit Your Existing Parklet32 - 33
06: Permit Application Process34 - 39
Submittal Requirements Checklist
07: How to Build Your Parklet40 - 41

14.7 4 5

INTRODUCTION
WHAT IS A PARKLET?
01 The parklet program is a
permanent resource to allow
parklets citywide following the
success of the temporary outdoor
expansion program created in June
2020 in response to pandemic
business restricitons. The parklet
program was developed based on
feedback from businesses and
the community gathered through
surveys, community meetings,
and in person meetings and
has resulted in a program that
provides:
• A one-time permit application
• An easy and straight forward
permitting process
• Low permit costs
• Flexibility with parklet materials
and design aesthetics
This guidebook provides
information on all of the program
details to guide businesses
through the application process
and provides an overview of the
responsibilities of operating
a parklet including the parklet
design standards and operating
requirements, design options, and
the permitting process for retrofits
of existing temproary parklets,
pre-approved designs, and custom
designs.

Parklets have proven to enhance
the streetscape and provide
opportunities for more outdoor
dining spaces throughout the City
of Santa Cruz and we look forward
to many businesses participating
in this program.

A parklet is a street dining deck or similar level surface within the public right-of-way that extends beyond the curb and into a roadway or on-street parking area for use by an adjacent business as an outdoor dining area.

Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining areas.

WHO OWNS THE PARKLETS?
Parklets in the City of Santa Cruz are privately owned & privately funded by the business owner who has obtained a parklet permit.

The business owner is responsible for all maintenance and operational requirements outlined in the parklet guidelines and permit and is responsible for removal of the parklet if necessary.

GOALS & PURPOSE OF
THE PARKLET PROGRAM.

The purpose of parklets is to:
1) Enhance the pedestrian experience of the City’s commercial zone districts by creating usable outdoor spaces that encourage a sense of community and that provide a tool for economic development.
2) Create a cohesive outdoor parket program that unifies the city of Santa Cruz’s streetscape in a way that is long-lasting, affordable and safe.
3) Provide customizable options that maintain city aesthetic standards, public safety, and encourage individuality for the business owner.

PHOTO: SANTACRUZWAVES.COM

14.8 6 7

PARKLET GUIDELINES
02 PARKLET GUIDELINES
The Parklet Guidelines provide information on the parklet design standards and operating requirements for approval and use of a parklet. Parklet applications for pre-approved, custom, and retrofit designs will be reviewed and approved based on compliance with these guidelines.

The guidelines cover the following requirements:
• Use & Location
• Design Standards:

1. Traffic Safety Requirements

2. Platform Design Requirements

3. Lighting, Shade, and Furnishings Requirements

4. Alcohol Service Requirements

5. Accessibility Requirements
• Operating Standards

14.9 8 9

USE & LOCATION
Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining.

Size and Location

1. Parklets may only be constructed on streets with speed limits of twenty-five miles per hour or lower.

2. The parklet must be located at least one parking space or twenty feet from any corner.

3. The parklet shall not be located in front of a fire hydrant, above a fire hydrant shut-off valve or over utility or manhole covers.

4. The parklet shall not replace blue zones designated for disabled parking.

5. The parklet length may consist of two parking spaces maximum per business and the parking spaces shall be located in front of the adjacent business. The parklet may be allowed to exceed the parking space maximum or extend beyond the business street frontage if:
a. Due to the road and parking space layout, the outdoor dining area cannot be designed without extending beyond the immediately adjacent parking spaces; b. Extending the outdoor dining area will not have significant impact on adjoining businesses as determined by the permit officer and with permission of the neighboring business; and

6. For parallel parking spaces:
a. The parklet may occupy the full width of the parking stall and shall provide 4-foot setbacks from each end of the parking space. Exceptions may be considered based on-site conditions and with written approval of the City Engineer.

7. For angled and perpendicular spaces:
a. The parklet may occupy the full width of the parking spaces between the curb and travel lane and shall provide a 3-foot setback on each end adjacent to other parking spaces.

Exceptions may be considered based on-site conditions and with the written approval of the City Engineer.

8. Where parking spaces are not delineated, the parklet may extend the length of the business frontage but may not exceed 40 feet in length. Exceptions may apply consistent with 5.a and 5.b above.

9. The parklet shall not block any portion of the bike or drive lane nor the view of conflicting movements of traffic, including pedestrian traffic. The parklet shall not block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices.

Traffic Safety Requirements

1. Reflective elements shall be installed at the outside corners of the structure.

2. Soft hit posts shall be installed at the outside edges of the structure.

3. Traffic barricades weighing a minimum of 1,000 lbs must be placed on the ends of the parklet and parallel to the driving lane where oncoming traffic enters. Examples of traffic barriers include, but are not limited to, bollards placed on the platform, planters meeting the weight requirement, concrete barricades, etc. which comply with Caltrans/MUTCD guidelines.

4. The City Engineer may require specific barrier placement and materials based on traffic volume and road conditions determined through the application review process.

DESIGN STANDARDS
Parallel Parking Space Parklet Layout
Diagonal Parking Space Parklet Layout

14.10 10 11
Lighting, Shade, and Furnishings Requirements

1. Overhead elements which include support posts, lighting, umbrellas, and shade sails shall provide a minimum vertical clearance of eight feet and a maximum of 10 feet above grade. Materials for umbrellas and shade sails shall meet NFPA 701, CPAI-84 standards. No fixed or solid roof structures are allowed.

2. All lighting and heating elements must be properly rated for outdoor use.

3. Portable outdoor heaters are allowed with appropriate permitting and inspection by the fire department pursuant to Santa Cruz Municipal Code Chapter 19.05. All heaters shall be listed and approved by UL, FM or other approved testing agencies. Propane heaters shall not be placed under any flammable materials such as umbrellas and shade sails and may only be used with proper spacing and a permit from the fire department pursuant to Santa Cruz Municipal Code Chapter 19.05.

4. Only UL-listed and approved portable outdoor gas-fired heating appliances (propane heaters) utilizing a fuel gas container that is integral to the appliance shall be used.

5. Propane heaters shall not be located beneath, or closer than 5 feet to combustible decorations and combustible overhands, awnings, sunshades, or similar attachments.

6. Propane heaters shall not be located within 5 feet of exits or exit discharges.

7. All lighting must be securely hung over the parklet area and may not extend over the sidewalk, shine into the street or otherwise interfere with vehicular travel. Battery or solar powered lighting elements are permitted within the parklet area.

8. There shall be no electrical fixtures or features within the parklet area.

9. Outdoor speakers are not permitted in the parklet.

10.Parklets may include permanent or movable seating. All movable furniture shall be locked in place or removed from the public right-of-way during non-operating hours.

11. The parklet may include ample low planting areas that utilize native, drought-tolerant plants.

Plantings can be used to discourage seating in areas such as the tops of walls. Plantings shall not exceed one foot in height from the top of the platform edge/railing.

12.Signage or other advertising matter shall not be installed on or within the parklet, with the exception of one sign displaying the business name or logo no greater than 6 square feet in area, signage required by the ABC for alcohol posting, and a notice of private property/no trespassing no greater than one square foot in area. Use of sandwich board signs are prohibited at all times.

DESIGN STANDARDS DESIGN STANDARDS

STORMWATER DRAINAGE DIAGRAM

PARKLET FOOTER

3. The top of a parklet platform shall be flush with the sidewalk grade. A cover, expansion joint, or other
type of connector between the parklet surface and
curb may also be required if necessary to provide a
safe transition surface.

4. If the platform base is not solid, the space
underneath the platform surface must be accessible
for maintenance through access panels, removable
pavers, or other method. Platforms should be
designed to prevent collection of debris underneath the structure and all openings below the platform should be sealed to prevent rodent access.

5. The platform shall not impede the flow of curbside drainage and shall not be constructed over a storm drain. A minimum clearance of 6 inches high and 12 inches wide of clear flow line must be maintained between the face of the curb and the platform.

6. The edge of the platform may bridge over the curb no more than 6 inches from the face of the curb to provide storm drain clearance

7. The parklet shall be designed as an extension of the sidewalk with multiple points of entry.

8. The parklet shall have an enclosure, structure, edge, or other buffer between parklet users and the adjacent traffic lane on all three sides. This may take the form of planters, railings, cabling, or other appropriate buffers that are structurally fortified and attached to the platform.

9. The exterior walls shall be a minimum of thirty-six inches and maximum of forty-two inches tall and shall be designed to allow for the ability to see inside the parklet during all hours. Continuous opaque walls are not permitted.

10. The exterior walls shall be designed to discourage sitting on the railings.

11. The top edge of the exterior walls shall be designed to prevent the resting of food and drinks.

12. Wind barriers may be installed on top of the exterior walls and shall be constructed of transparent materials like acrylic, plexiglass, plastic films, etc. If transparent materials are used, the height of the railing, including the transparent materials, shall not extend more than 6 feet from the floor of the platform.

Platform Design Requirements

1. Bolting or penetrating the surface of the curb, sidewalk, or roadway in any way shall not be permitted.

2. Parklet platforms should utilize materials that are easy to clean and maintain. Poured concrete or steel framed decks are encouraged. Wood is allowed but encouraged to be pressure treated to protect lifespan.

14.11 12 13

OPERATING STANDARDS
Parklets shall comply with all operational requirements below:

1. Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining areas.

2. Outdoor dining is the only activity allowed in the parklet consistent with the business’ regular hours of operation; and in no event past 11:00 p.m. Parklets shall be closed or gated when not in use.

3. Live entertainment and amplified sound is prohibited within the parklet.

4. Only those licensed by the Alcohol Beverage Control Board of the State of California and approved by the city may serve and allow on-premise consumption of alcoholic beverages in the parklet.

5. Outdoor food preparation including but not limited to hotpots, barbecues, or other heating of food, is prohibited in the parklet. Open flame cooking is prohibited in the parklet.

6. The permittee shall maintain the parklet and parklet area in a clean, sanitary, and attractive condition at all times. Elements that are visually or structurally degraded shall be replaced expeditiously.

7. Parklets shall be maintained free of litter, refuse and debris. The permittee is responsible for furnishing and servicing at least one permanent trash receptacle in the parklet.

8. The parklet platform shall be scrubbed and mopped daily to remove any food or drink stains. All cleaning shall be in accordance with the City’s Storm Water Best Management Practices.

9. Permittee shall maintain and repair the parklet at its sole expense during its placement in the public right-of-way.

10. The business owner shall submit a trespass Letter of Authority with the Santa Cruz police department prior to operation of the parklet.

11.Patrons of the parklet shall not be permitted to sit on or place food or drinks on the edges or railings of the parklet.

12. Smoking is prohibited within parklets.

Permittee must correct any failure to comply with any of the operational requirements or other Parklet Guidelines within a reasonable time period as specified by the city’s notice to take corrective action. If permittee fails to comply within the specified time the city may take any action it deems necessary, which may include the city performing the corrective action and charging permittee for any associated costs, including administrative costs and attorneys’ fees; and the city’s right to revoke the parklet permit.

Alcohol Service Requirements

1. A sign shall be posted in a conspicuous space at the entrance/exit points of the parklet onto any public area(s), which shall state, NO ALCOHOLIC BEVERAGES BEYOND THIS POINT. The sign shall measure no less than seven inches by eleven inches (7 x 11), and contain lettering no less than one (1) inch height.

2. The parklet shall be closed to the public when the business is closed to prevent trespassing and/or criminal behavior.

3. Borders shall be in place separating any outdoor seating area and any public space to provide separation between any alcohol service area and any public area. The borders shall not be topped with a flat surface to avoid alcoholic beverage placement.

4. At all times when the premises is exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within any outdoor patio area(s) on a regular basis, but no less than once every thirty (30) minutes.

Accessibility Requirements

1. All accessibility elements of the parklet shall be designed, constructed and/or conform to the current and applicable provisions, rules, regulations and guidelines of the federal, state, and local laws and regulations governing accessibility requirements including the California Building Code and Americans with Disabilities Act.

2. The platform surface shall be flush with the grade of the adjacent sidewalk with a minimum gap of one-half inch (½”) and a maximum vertical height difference of one-quarter inch (¼”).

3. The portion of the parklet platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed 2%.

4. The accessible path of travel must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space.

5. Accessible entryways to a parklet shall be a minimum 60 inches wide.

6. Wheelchair turning spaces shall:
• Be 60 inches in diameter
• Located entirely upon the platform
• Provide a maximum 12-inch overlap on the curb and sidewalk

DESIGN STANDARDS

14.12 14 15

DESIGN YOUR OWN
& PRE-APPROVED

PARKLET OPTIONS
03 THESE DESIGNS PROVIDE THE BONES TO YOUR PARKLET.

PARKLET FINISHINGS & FURNISHINGS ARE FULLY CUSTOMIZABLE.

PRE-APPROVED DESIGNS ARE INTENDED TO BE A LASTING ASSET FOR YOUR BUSINESS. THESE ARE BUILT TO LAST.

THESE DESIGNS MEET ALL ORDINANCE REQUIREMENTS & DESIGN STANDARDS.

TWO PRE-APPROVED

PARKLET OPTIONS
ARE PROVIDED.

14.13 16 17

CUSTOM PARKLET

DESIGNS ARE
WELCOME.

BUT THEY REQUIRE

PERMITTING & CITY

APPROVAL BEFORE
INSTALLATION.
1) Undergo the permit process, be approved by all city departments, be stamped by a licensed design professional, landscape architect or civil engineer.
2) If you are looking to build a custom option, please note that design and permit fees are additional to the building, labor and materials cost of your parklet.
3) Custom parklet designs must comply with all city parklet ordinance and design standards requirements.
4) Custom design will require permit application fee AND permit review fees, which are charged on an hourly basis per department.

Avoid use of:

Natural materials that will rot, erode quickly, or be difficult to clean.

Materials that are difficult to replace if damaged or defaced.

Permanent overhead structures are not permitted because they impede visibility to neighboring businesses.

ALL CUSTOM PARKLETS MUST:

IMPORTANT CONSIDERATIONS
FOR CUSTOM PARKLETS:

14.14 18 19
TWO PRE-APPROVED OPTIONS:

OPTION 01: PARALLEL PARKLET
OPTION 02: DIAGONAL PARKLET
04 ALL PRE-APPROVED

OPTIONS ARE
CUSTOMIZABLE.

14.15 20 21

CHOOSE YOUR STEEL COLOR
- NATURAL WEATHERING
- POWDER COAT
SELECT YOUR PANEL FINISH:
- WOOD PANELS
- WIRE MESH PANELS
- ADD YOUR COMPANY LOGO IN LASER CUT STEEL PANELS

PRE-APPROVED DESIGN

CUSTOMIZABLE OPTIONS

CHOOSE YOUR SIDING
- RAW CMU BLOCK
- PAINT A CUSTOM MURAL
- WHITE STUCCO
CHOOSE YOUR PAVING:
- REINFORCED CONCRETE PAVING
- CUSTOM COLOR ADDED TO CONCRETE OPTIONAL

CHOOSE YOUR OVER-HEAD SHADING
(UMBRELLAS OR SHADE SAIL)
CHOOSE YOUR LIGHTING:
- NO LIGHTS
- OVERHEAD STRING LIGHTS

14.16 22 23
OPTION 01:

PARALLEL PARKLET

DISTINGUISHING FEATURES
1) FOR PARALLEL PARKING SPACES ONLY
2) CONCRETE FOUNDATION FOR FLOORING.
3) CONTAINS 5 CUSTOMIZABLE ELEMENTS SO YOUR PARKLET CAN BE UNIQUE FOR YOUR BUSINESS.
4) OWNERS CHOOSE THEIR OWN FURNITURE.
*Rendering for visualization only

14.17 24 25
LAYOUT & CONFIGURATION:

SITE PLAN: A VIEW FROM ABOVE
Parklet viewed from above
ACCESSIBILITY SECTION: VIEW FROM THE ADJACENT

PARALLEL PARKING SPACE
SCALE = 1
2" = 1-0"

VEHICULAR LANE BICYCLE LANE PARALLEL PARKLET DRAINAGE

CHANNEL

EXISTING

SIDEWALK
SECTION: VIEW FROM ADJACENT PARKING SPACE

14.18 26 27
OPTION 02:

DIAGONAL PARKLET

DISTINGUISHING FEATURES
1) FOR DIAGONAL PARKING SPACES ONLY
2) CONCRETE FOUNDATION - BUILT FOR DURABILITY AND SAFETY. 3) CONTAINS 5 CUSTOMIZABLE ELEMENTS SO YOUR PARKLET CAN BE UNIQUE FOR YOUR BUSINESS.
4) OWNERS CHOOSE THEIR OWN FURNITURE.
*Rendering for visualization only

14.19 28 29

LAYOUT & CONFIRGURATION
SITE PLAN: A VIEW FROM ABOVE

CONCRETE PAVING PER NOTES

SITE PLAN LEGEND

SYMBOL DESCRIPTION
SITE PLAN: TYP. LAYOUT OF 2 DIAGONAL PARKING SPOTS
SCALE = 1/4" = 1-0"

POUR IN PLACE CONCRETE

FOUNDATION OR
PEDESTAL PAVING.

SOLID CMU BLOCK SAFETY
WALL. SEE DESIGN GUIDEL

FOR FINISHING OPTIONS

DIAMOND STEEL GR

FOR ADA ACCESSIB

EXISTIN

EXISTING CURB
MINIMUM OF 3'-0"

SETBACK FROM

THE PARKING

SPACE STRIPING

CONCRETE OR PEDESTAL

FOOTING

DRAINAGE CHANNEL WITH DIAMOND PLATE &

CONCRETE FOUNDATION

POWDER COATED CORTEN STEEL TUBE FOR
CAFE LIGHTS (PICTURED) OR SHADE SAIL.

SEE DESIGN GUIDELINES.

STUCCO PER NOTES
1'-0" SETBACK FOR

DRAINAGE CHANNEL

ADA ACCESSIBLE

SEATING
SECTION DRAWING: VIEW FROM THE SIDE
SCALE = 1/2" = 1-0"
SECTION DRAWING: VIEW HEAD ON FROM THE CENTER OF THE STREET SCALE = 1/2" = 1-0"
25'-0"
6' 5'
3'
4'-9"
2'-8"
5'-0"
4'-0"
1'
5'
45 CITY OF SANTA CRUZ

DOWNTOWN PARKLET

SHEET TITLE & NUMBER

ISSUANCES AND REVISIONS
NO. DATE D
1 07 DEC 2022 9
PARKLE
SUBM
ISSUE
DATE
17 JANU
SCALE
2 3
4 STAMP

DILLON DESIG

ALL IDEAS, DESIGN, ARRAN

REPRESENTED BY THIS DR
ASSOCIATES INC. & WERE C

WITH THE SPECIFIED PROJ

ARRANGEMENTS OR PLANS

PERSON WHOSOEVER WIT
DESIGN ASSOCIATES INC.

EXISTING SIDEWALK

EXISTING CURB
0 2'-0"
SCALE:

CONCRETE PAVING PER NOTES
& LAYOUT PLAN LEGEND

DESCRIPTION

LIMIT OF WORK

WIND SCREEN PER DETAIL

CMU SAFETY WALL

EXPANSION JOINT PER DETAIL

DETAIL REFERENCE

SHEET REFERENCE

CONTROL JOINT PER DETAIL
SHOWN ON THE PLAN.

PRIOR TO ANY EXCAVATION ON THIS PROJECT (PHONE: 800-227-2600).

LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION.

1. FIGURES SHOWN THUS: ALIGNMENT AND DIMENSIONS DENOTE COORDINATES LINE. ALL ADJUSTMENTS OF THE "LAYOUT" SHALL BE APPROVED BY THE P.C.C. WALKS, AND RAMPS SHALL BE CONSTRUCTED TO A STRAIGHT OF ALL IMPROVEMENTS SHOWN ON THESE PLANS. ALL TRANSITIONS OF

POINTS AND INTERMEDIATE POINTS OF CONTROL TO BE USED FOR LAYOUT OR DAMAGED DURING THE COURSE OF CONSTRUCTION OR OTHERWISE.

2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SURVEY AND LAYOUT PRIOR TO THE START OF FOUNDATION ESTABLISHMENT.

SHALL NOTIFY UNDERGROUND SERVICE ALERT (U.S.A.) AT LEAST 48 HOURS

3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE VERIFICATION OF THE

6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONSTRUCTING ALL

5. LAYOUT FOR P.C.C. WALKS, CURBWALLS AND CURBS ARE ON THE SIDE

4. ALL "LAYOUT" WORK SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT LOCATIONS OF ALL UTILITIES IN THE FIELD. THE CONTRACTOR

WORK AND FOR RE-ESTABLISHING AND REPLACING POINTS LOST, DISTURBED LAYOUT WORK MUST BE APPROVED BY THE OWNER'S REPRESENTATIVE.

RADIAL TO THE CURVE, EXCEPT WHERE SHOWN OTHERWISE. ALL
CONCRETE FLAT WORK FOR THIS PROJECT. SCORING PATTERNS ARE FINISH GRADE.

WITHIN THE AREA TO BE IMPROVED SHALL BE ADJUSTED TO THE NEW SHALL BE STRUCK EVERY 5' UNLESS SHOWN OTHERWISE.

VOIDCAPS & CAULKING TO MATCH CONCRETE COLOR. ALL SCORE LINES

9. CONCRETE SURFACES SHALL HAVE FINISHES TO MATCH EXISTING. SUBMIT SAMPLES TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO BROOMING.

10. ALL EXISTING UTILITY BOXES, VAULTS, VALVE COVERS, AND MANHOLES

7. THIS PLAN SHOWS THE SCORING AND EXPANSION JOINT LAYOUT OF ALL WHERE SHOWN OTHERWISE. ALL EXPANSION JOINTS SHALL RECEIVE ASPHALT FELT JOINTS INSTALLED AT 24' MINIMUM INTERVALS, EXCEPT

8. EXPANSION JOINT MATERIALS FOR ALL P.C.C. PAVEMENT SHALL BE 6"

CONCRETE WORK USING FORM LUMBER AND STAKES STRONG ENOUGH AND APPROVED BY THE OWNER'S REP PRIOR TO POURING OF ANY CONCRETE.

AT INTERVALS TO ASSURE A STRAIGHT LINE. ALL FORM WORK MUST BE

LAYOUT & DIMENSIONS NOTES
1) SITE DEMOLITION SHALL CONSIST OF THE REMOVAL OF DEBRIS AND OR DAMAGED AREAS TO THE EXISTING CONCRETE PARKING SPACE.
2) DO NOT DAMAGE, DRILL INTO, DEFACE, OR DESTROY THE EXISTING

PAVING, PARKING STRIPING, CURBS, SIDEWALKS, STORM DRAINS, SEWER ACCESS, OR UTILITY ACCESS.

MAT PROTECTIVE SHEET TO BE HYDROTECH OR APPROVED EQUAL.

TE MASONRY UNIT (CMU BLOCK) TO BE ASTM C1372 BLOCK IN SIZES 8",8"X8",OR 12"X 8". SIZE PER CONTRACTOR NEEDS. GLAZED FINISH.

ER OWNER AS OUTLINED IN THE DESIGN GUIDELINES.

FINISH SYSTEM BY OMEGAFLEX FINE. APPLY 'BONDCRETE' BONDING

SUPER CEMENT' BASE COAT AND 'OMEGA FLEX' INTEGRAL COLOR ACRYLIC ER MANUFACTURER'S SPECIFICATIONS. MATCH RESIDENCE IN COLOR. 30" SQ. SAMPLES OF UP TO 3 COLORS SELECTED BY HOMEOWNER ON OD TO BE LOCALLY SOURCED AND SUSTAINABLY HARVESTED REDWOOD.

O BE NATURAL REDWOOD OR APPROVED EQUAL.

NTAL BARRICADES AND POSTS TO BE CORTEN STEEL 11 GAUGE BY EET, INC ((970) 560-0888) OR APPROVED OTHER. POWDER COAT PER OWNER.

COATING NOT REQUIRED. SEE DESIGN GUIDELINES AND DETAILS.

D TREAD FLOOR PLATE TO BE: STEEL ASTM A-786, MEDIUM 4-WAY PATTERN, RCIAL GRADE MILL FINISH, NOT POLISHED. GALVANIZED. TENSILE STRENGTH ,000 +/-, YIELD = 33,000 +/-.

PAVING
TAL PAVING TO BE 6'X6' NON-STICK COMPOSITE WEATHERPROOF DECKING M BY MODSTREET, INC. ((970) 560-0888) OR APPROVED EQUAL. DECKING AND STEEL POWDER COAT FINISHING PER OWNER. TO BE CORTEN STEEL RUCTION.

EENING

LASS TO BE

LAYOUT PLAN
SCALE = 1/4" = 1-0"

ADA ACCESS PLAN
SCALE = 1/4" = 1-0"

SCHEDULE

1.0 FOUNDATION & DRAINAGE

1.0 'STORM DRAINAGE SETBACK' - MIN. 1'-0" SETBACK OF CONCRETE FOOTING TO ALLOW FOR STORM WATER RUNOFF. OWNER
RESPONSIBLE TO MAINTAIN THIS AREA IS CLEAR OF ALL DEBRIS.

2.1 'DIAMOND PLATE DRAINAGE COVER' - PLATE TO COVR STORM DRAINAGE SETBACK. ALLOWS FOR SEAMLESS PEDESTRIAN EXPERIENCE WITHOUT TRIP HAZARD. SEE MATERIALS AND FINISH SCHEDULE FOR PRODUCT SPECIFICATIONS. TO BE CUT INTO 5'-0" STRIPS TO ALLOW FOR EASY LIFTING AND CLEAN-OUT OF DRAINAGE AREA.

1.1 'CMU BLOCK WALL & SAFETY BARRIER' TO BE REINFORCED WITH REBAR & CONCRETE FOR PATRON SAFETY. FINISHING PER OWNER. SEE MATERIALS AND FINISH SCHEDULE FOR PRODUCT SPECIFICATIONS. SEE DETAILS. 'STEEL POST' TO BE CORTEN STEEL 4X4 POST, 10'-0" ABOVE FINISH GRADE. POST TO FACILITATE OVERHEAD LIGHTING AND/OR SHADE SAIL.

SEE MATERIALS AND FINISH SCHEDULE.

1.2 'PARKLET FOUNDATION & FLOORING' PER OWNER. SEE DESIGN GUIDELINES FOR FOUNDATION OPTIONS. SEE MATERIALS AND FINISH SCHEDULE FOR PRODUCT SPECIFICATIONS.

2.2 2.0 BARACADE & FINISHINGS
'STEEL BARACADE' TO BE SEE-THROUGH ALLOWING FOR INTERIOR OF THE PARKLET TO BE VISIBLE FROM THE STREET FOR SAFETY PURPOSES.

FRAMING TO BE CORTEN STEEL PER MATERIALS AND FINISH SCHEDULE. - "SEE THROUGH" - NO MATERIAL MAY COVER MORE THAN 60% OF THE PANEL.

2.3 'WIND SCREEN - OPTIONAL' OPTIONAL CHOICE TO PROTECT PATRONS AND PEDESTRIANS FROM WIND & WEATHER ELEMENTS. SEE MATERIALS AND FINISH SCHEDULE. SEE DETAILS.

2.4 'CAFE STRING LIGHTS - OPTIONAL' SEE DESIGN GUIDELINES.

ALL LIGHTING MUST BE SECURELY HUNG OVER THE PARKLET AREA AND MAY NOT

EXTEND OVER THE SIDEWALK, SHINE INTO THE STREET, OR OTHERWISE INTERFERE WITH VEHICULAR TRAVEL. BATTERY OR SOLAR POWERED LIGHTING ELEMENTS ARE PERMITTED WITHIN THE PARKLET AREA.

2.5 LANDINGS, TABLES, & BENCHES.

1. THESE PLANS SHOW A BEST EFFORT TO ACHIEVE ACCESSIBILITY WITHIN EXISTING CONDITIONS. THESE PLANS INCLUDE, BUT ARE NOT LIMITED TO WALKS,

THE EXISTING CONDITIONS MAY BE SUCH THAT THE GRADES WILL NOT ALLOW STRICT ADHERENCE TO 2% MAX SLOPE AT LOADING & EQUIPMENT

PATH FOR ACCESSIBILITY
2% MAX PAVING PITCH @

ACCESSIBLE ACTIVITY AREAS

PLAY EQUIPMENT

FOR TABLES, BBQ, BENCHES &

SEE CIVIL & ARCH DRAWINGS

ACCESSIBILITY NOTES

WHEELCHAIR

RESTING SPACE
60" DIAMETER

WHEELCHAIR

TURNING SPACE
E
G AND FURNITURE PER OWNER. ADA SEATING MUST BE PROVIDED. OPTION URE FURNITURE TO CONCRETE FOUNDATION.
'FURNITURE' PER BUSINESS OWNER. FURNITURE IS PLACED IN THIS PLAN FOR VISUALIZATION PURPOSES. SEE MATERIALS AND FINISH SCHEDULE. 2.6

2.6 MINIMUM OF 3'-0"

SETBACK FROM

THE PARKING

SPACE STRIPING

1.0 2.1

1.1 2.2

ADA & WHEELCHAIR ACCESS
60” DIAMETER WHEELCHAIR

TURNING SPACE

WHEELCHAIR

RESTING SPACE

SIDEWALK
SECTION 1: A VIEW FROM THE SIDE
SECTION 2: A VIEW FROM THE CENTER OF THE ROAD

CMU BLOCK WALL

DINING TABLES & CHAIRS

ADJACENT

PARKING STALL
& WHEEL STOP

14.20 30 31
DESIGN OPTION 01: PARALLEL PARKLET
COST ESTIMATE - 2 PARKING SPACES
MINIMUM REQUIRED FEATURES:

CONCRETE FOOTER WITH DRAINMAT $6,000.00*
CMU BLOCK WALL (PLAIN, NO FINISH) $4,050.00*
POWDERCOATED STEEL FENCING W/ WOOD SLATS $7,065.00
DIAMOND PLATE FOOTER $2,400.00
TOTAL BASE PRICE: $19,515.00
* City Parklet Incentive Program Funding
up to $10,000 of actual cost for features
Total Base Price After Incentive: $9,515.00
ADDITIONAL OPTIONAL FEATURES:

STUCCO FINISH FOR CMU WALLS $1,900.00
10’-0” TALL STEEL POSTS FOR STRING LIGHTS $9,540.00
POWDERCOATED STEEL FENCING WITH WIRE MESH $7,425.00
ESTIMATES POVIDED BY:

CONCRETE & CMU BLOCK CONTRACTORS:
- WHITLOW CONCRETE // 831-475-4499
STEEL FABRICATORS:
- MODSTREET, LLC // 970-560-0888

LANDCSAPE ARCHITECTURE & CONSTRUCTION
DOCUMENTS PROVIDED BY:

DILLON DESIGN ASSOCIATES // 831-854-7492
NOTE:

DESIGN OPTION 02: DIAGONAL PARKLET
COST ESTIMATE - 2 PARKING SPACES
MINIMUM REQUIRED FEATURES:

CONCRETE FOOTER WITH DRAINMAT: $6,500.00*
CMU BLOCK WALL (PLAIN, NO FINISH) $4,350.00*
POWDERCOATED STEEL FENCING W/ WOOD SLATS $11,675.00
DIAMOND PLATE FOOTER: $2,400.00
TOTAL BASE PRICE: $24,925.00
* City Parklet Incentive Program Funding
up to $10,000 of actual cost for features
Total Base Price After Incentive: $14,925.00
ADDITIONAL OPTIONAL FEATURES:

STUCCO FINISH FOR CMU WALLS: $2,250.00
10’-0” TALL STEEL POSTS FOR STRING LIGHTS: $12,950.00
POWDERCOATED STEEL FENCING WITH WIRE MESH $12,375.00
$10,000.00*
COST ESTIMATES PROVIDED IN APRIL 2023.

PRICES ARE SUBJECT TO CHANGE.

LABOR & INSTALLATION COSTS MAY VARY
AND MAY NOT BE INCLUDED.

ESTIMATES DO NOT INCLUDE FURNITURE,
HEATERS, LIGHTING, OR SHADE SAILS.
$10,000.00*

PARKLET INCENTIVE PROGRAM
The Parklet Incentive Program provides up to $10,000 for eligible businesses to cover the actual costs to complete the concrete components of the City’s Pre-approved parklet designs. All additional costs to complete the parklet or customize the finish of parklet features are the sole responsibility of the business.

14.21 32 33
05 RETROFITTING YOUR

EXISTING PARKLET
PHOTO: SANTACRUZWAVES.COM

CHECKLIST FOR EXISTING PARKLETS
DO YOU WANT TO KEEP YOUR EXISTING TEMPORARY PARKLET?
Complete a parklet permit application form and submit it to the Economic Development Department.

City staff will conduct an inspection to determine if your parklet meets all of the requirements from the Parklet Guidelines or if it requires modifications for permit approval.

Before you submit your application, review the guidelines in this document and the inspection checklist on the Parklet Program website: www.CityofSantaCruz.com/Parklet.

14.22 34 35

PERMIT APPLICATION PROCESS
PART 01: Application Requirements
PART 02: Application Checklist
PART 03: Permit Review Process
PART 04: Permit & Annual Fees
06 Businesses must complete a parklet permit application for all parklet installations. Business will submit an application to request a parklet permit for the following parklet types:

1. Retrofit of Temporary Parklet: Approval of an existing temporary parklet in compliance with Santa Cruz Municipal Code Chapter 5.83 and these Parklet Guidelines.

2. Pre-approved Design Parklet: Approval of construction of a parklet using a City issued preapproved design.

3. Custom Design Parklet: Approval of construction of a parklet using a custom design created by a licensed design professional.

Applicants will be required to provide the following information:
• Basic Business Owner & Property Owner Information
• Drawing of the parklet area by a licensed design professional showing:
• Location of parklet on the street, relationship to sidewalk, dimensions of parklet, and entrances/exits.
• Layout of all parklet furniture, fixtures, signage, support posts, lighting, plantings, trash receptacles, etc.
• Signature of approval from neighboring business owner(s) if parklet encroaches on adjacent business’ frontage.
• Staff will review the application to approve or request modifications consistent with the Santa Cruz Municipal Code Chapter 5.83 and these Parklet Guidelines. • Once application is approved, staff will issue the parklet permit that outlines annual fees, standard operational requirements, and annual inspection. • Once the permit is issued, businesses will begin construction of their new parklet or modifications to their existing parklet.
• Staff will complete a final inspection to issue a certificate of approval prior to operation of the permanent parklet.

How To Apply:

Download the application form at www.ChooseSantaCruz.com/parklet Applications and attachments may be submitted either in person at the City’s Economic Development Department (337 Locust Street) or via email to [email protected].

PART 01: PARKLET PERMIT

APPLICATION REQUIREMENTS

14.23 36 37
Business Information:

Business name and contact information
Property owner name, contact information, and
signature authorizing the business to apply for a
parklet
Hours of operation of the parklet
Valid City of Santa Cruz business license tax
certificate
Site Plan
• Applications shall include a site plan drawing of
the proposed parklet location and thirty feet along
the sidewalk in either direction prepared by a
licensed design professional (architect, landscape
architect, or engineer) that complies with the
design guidelines promulgated by the Director of
Economic Development.
• The drawing shall provide details showing: the
parklet’s relationship to the building, sidewalk
and street; the dimensions of the parklet; all
doorways and access points; the width of sidewalk
(distance from curb to building face and property
line); existing and projected pedestrian traffic
movements; the location of utilities that might
affect or be affected by the application proposal;
and any parking meters, bus stops, benches,
trees, landscaping, trash receptacles and other
street furniture, or any other potential sidewalk
obstructions in the vicinity.
• The drawing of the parklet shall show its intended
use, any furniture or display stands, fixtures, signs,
canopies and other overhead appurtenances,
landscaping and planters, trash receptacles, and
any other matter to be placed in the parklet.

PART 02: Application Check List
Neighbor Authorization
• Applications for a parklet that includes
an area located in front of a neighboring
business shall provide a completed
neighbor authorization form from the
adjacent business owner(s) providing
permission to install the parklet in that
location.

Catalogue of Materials
• Applications shall include a catalogue/
brochure sheet or provide a website
link to an online product page for all
furnishings and materials used in the
parklet including but not limited to
railings, platform materials, tables, chairs,
umbrellas, lights, signage, plants, and
heaters.

ABC Authorization
• Establishments that serve alcoholic
beverages in the parklet area shall be
required to meet all requirements of the
Alcoholic Beverage Control Board and
any other federal, state, or local laws
and regulations governing the sale and
consumption of alcoholic beverages.
• Proof of application and/or approval for
ABC authorization for alcohol service in
the parklet area must be submitted with
the parklet application. Approval by ABC
must be obtained prior to operation of the
parklet.

Proof of Insurance
• All Permittees shall maintain during the term of the parklet permit, insurance against claims for injuries to persons or damages to property which may arise in connection with the permit and any act or omission related to the parklet by Permittee, its employees, contractors, and subcontractors.
• Permittee shall furnish the City with a certificate of Commercial General Liability (CGL) insurance policy of $1 Million per occurrence and $2 Million in the aggregate, including products and completed operations, property damage, bodily injury, personal and advertising injury.
• Such CGL insurance shall be endorsed to name the City, its officers, officials, employees, agents, and volunteers as additional insureds, and to provide City with prior written notice of cancellation. Such insurance coverage shall be endorsed to be primary coverage as respects City.
• Any insurance or self-insurance maintained by City shall be excess of the Permittee’s insurance and shall not contribute with it. • If Permittee maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by permittee.
• Permittee shall include all contractors and subcontractors as insureds under the insurance policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Permittee shall require and verify that its contractors and subcontractors maintain all of the insurance requirements stated herein and that the contractors and subcontractors name the City, its officials, officers, employees, agents, and volunteers as additional insureds on the CGL policy.
• Permittee shall also maintain a Workers' Compensation policy as required by the State of California with Statutory Limits, and Employer's Liability Insurance with a policy limit of not less than $1,000,000 per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Cruz.

14.24 38 39
PART 04: Permit Review Process
The parklet permit may be approved or conditionally approved by the permit officer based on findings that the application meets all of the following requirements:

1. The application is deemed complete;

2. The proposed parklet complies with all applicable Parklet Guidelines;

3. The applicant has agreed in writing to comply with the terms and conditions of the permit;

4. All applicable fees have been paid;

5. All other applicable requirements of the parklet ordinance (Santa Cruz Municipal Code Chapter 5.83) have been satisfied;

6. The proposed construction plan and schedule will not unduly interfere with the public’s use of the public right-of-way;

7. The proposed parklet is in compliance with all applicable local, state, and federal laws and regulations; and

8. The proposed parklet does not pose a threat to public health, safety or welfare.

Applicants will be notified of the status of the application and the decision notice will include any conditions of approval or any reasons for denial.

The following conditions of approval shall apply to all parklet permits:

1. Comply with fire, safety, and emergency access requirements;

2. Comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 120101 et seq.) or successor statute, applicable labor laws, and all applicable health and safety requirements;

3. Agree to comply with the Operating Standards set forth in section 5.83.070 of the parklet ordinance;

4. Provide proof of satisfaction of the insurance requirements as established by the city;

5. Agree to indemnify, defend, and hold harmless the city and designated city agents for any claims arising out of the use, accessibility, and operation of the parklet or in any way related to the parklet permit;

6. Present a valid city business license issued pursuant to Santa Cruz Municipal Code Chapter

5.04;

7. Demonstrate compliance with all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages, if applicable;

8. Obtain all other applicable city permits, including but not limited to a concrete permit, an electrical permit, as part of the approval process for the parklet permit; and any other applicable regulatory approvals required by local, state, or federal agencies; and

9. Comply with any additional conditions and restrictions as the permit officer deems necessary for the enforcement and administration of the parklet ordinance and to protect the public safety, health, welfare and enjoyment.

Approval to Construct Parklet and Certificate of
Approval:

1. The approval of the parklet permit authorizes the
applicant to construct and install a parklet with a
licensed contractor. The parklet permit may be revoked
if construction does not begin within one year of the
permit’s issuance absent a showing of good cause (See
definition of Good Cause below).

2. Upon completion of the construction and installation of the parklet, and satisfaction of a final inspection by the city and compliance with applicable building and health and safety requirements, the city will issue a certificate of approval. A certificate of approval shall be required before a parklet can be occupied or used.

The parklet permit may be revoked if the parklet does not pass final inspection, does not meet the requirements for a certificate of approval, and permittee does not correct the deficiencies in a timely manner as required by the city.

ANNUAL FEES AND

INSPECTIONS
Application Fee:

Preapproved and Retrofitted Parklet: $500
Custom Design Parklet: $500 plus additional
actual costs relating to processing the permit will
be charged at the applicable city staff’s hourly rate
set forth in the City’s Unified Master Fee Schedule.

Annual Permit Fee:

Annual Permit Fee for Metered parking spaces:
$2,000 per space
Annual Permit Fee for Unmetered parking
spaces: $5.88 per square foot
Appeal Fee: $519
Additional Costs: To be charged at the applicable
city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

Economic Development Parklet
Annual Inspection Fee: $250
The parklet shall, at a minimum, be inspected
annually by the economic development
department, or other enforcement officials as
necessary, for compliance with the parklet guides,
operating standards, and any permit conditions,
to ensure that the parklet is maintained in good
condition and does not create a nuisance to
pedestrians or adjacent businesses. The annual
inspection fee will take effect at the beginning of
the second year of the parklet permit and every
year there afterthereafter.

The city may conduct periodic safety inspections
of the parklet and reserves the right to require
adjustments or modifications to the parklet, or
removal of any parklet elements, if the city, in
the city’s sole discretion, determines that such
elements are unsafe, poorly designed, create
access issues, pose a public nuisance, pose a
threat to public health, safety, or welfare, or do not
comply with the permit conditions of approval.

Good Cause: A parklet permit may be
revoked if construction does not begin within
one year of the permit’s issuance absent a
showing of good cause. Good cause shall
include, but not be limited to:
• The delay is caused by abnormal weather
conditions or unforeseeable events which
are beyond permittee’s control and not due to
permittee’s negligence;
• Labor strikes or labor shortages;
• Delay in securing funding which is not due
to permittee’s negligence and is beyond
permittee’s control; or
• Delayed availability of materials, which is
beyond permittee’s control and not due to
permittee’s negligence.

14.25 40 41

HOW TO BUILD YOUR PARKLET
- THE STEPS YOU NEED TO TAKE TO GET FROM

DESIGN TO FINISHED PARKLET
07 THE BUILDING PROCESS - STEP BY STEP
STEP 01: REVIEW THE PARKLET GUIDELINES & UNDERSTAND THE OPERATING STANDARDS STEP 02: DETERMINE HOW MANY PARKING SPACES YOU WILL USE

OBTAIN NEIGHBOR APPROVAL IF NEEDED
STEP 02: DECIDE ON YOUR DESIGN - PRE-APPROVED/CUSTOM/RETROFIT STEP 03: APPLY & OBTAIN A PARKLET PERMIT
Parklet owners are required to obtain a parklet permit prior to start of construction.

STEP 03A: (OPTIONAL) APPLY FOR CITY PARKLET INCENTIVE PROGRAM FUNDING STEP 04: FIND YOUR CONTRACTORS
Installation will require a licensed construction contractor.

Contractors you will need:
1) CONCRETE CONTRACTOR: To build cmu block walls & concrete footing. 2) STEEL FABRICATOR: To build side railings
3) If using pre-approved designs: modstreet, inc
4) Optional: professional mural painter
STEP 05: CREATE YOUR CONSTRUCTION SCHEDULE
Parklet owner will be required to manage and organize installation & construction contractors.

Parklet installation must remain on schedule per the parklet permit.

STEP 06: BUY YOUR MATERIALS
STEP 07: BUILD THE PARKLET
STEP 08: COMPLETE FINAL INSPECTIONS & CLOSE OUT THE PERMIT Links to the parklet ordinance, parklet permit application form, construction documents for pre-approved designs, and financial support are available at www.cityofsantacruz.com/parklet

14.26 SANTA CRUZ DOWNTOWN PARKLETS
PROJECT DESIGN TEAM:

CITY OF SANTA CRUZ PARKLET STANDARDS ARE TO FALL WITHIN SANTA CRUZ CITY LIMITS

APPLICABLE CODES

CONSTRUCTION DOCUMENTS AND DESIGN GUIDELINES

CITY OF SANTA CRUZ ECONOMIC DEVELOPMENT
SANTA CRUZ, CA 95060
PHONE: (831) 420 - 5157

LANDSCAPE ARCHITECT
L-1.0
L-1.1
L-2.0
L-2.1
L-3.0
L-3.1

SITE PLAN & LAYOUT & DIMENSIONS PLAN

ELEVATIONS & SECTION DRAWINGS
SITE PLAN - DESIGN OPTION 01: PARALLEL PARKLET
LAYOUT & DIMENSIONS PLAN - DESIGN OPTION 01: PARALLEL PARKLET

SITE DETAILS

SHEET INDEX

SECTION G - GENERAL

COVER COVER SHEET / SHEET INDEX

SECTION L - LANDSCAPE

DILLON DESIGN ASSOCIATES, LLC
849 ALMAR DRIVE
SANTA CRUZ, CA 95060
CONTACT: RITA MANNA
LANDSCAPE ARCH: MICHAEL DILLON
(831) 854 - 7492
2023 CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO) 2023 CALIFORNIA GREEN BUILDING STANDARDS CODE
2023 BUILDING STANDARDS ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R. 2023 CALIFORNIA BUILDING CODE (CBC), PART 2, TITLE 24 C.C.R. 2023 CALIFORNIA ELECTRICAL CODE (CEC), PART 3, TITLE 24 C.C.R. 2023 CALIFORNIA MECHANICAL CODE (CMC), PART 4, TITLE 24 C.C.R. 2023 CALIFORNIA PLUMBING CODE (CPC), PART 5, TITLE 24 C.C.R. 2023 CALIFORNIA FIRE CODE (CFC), PART 9, TITLE 24, C.C.R. 2023 CALIFORNIA REFERENCED STANDARDS CODE, PART 12, TITLE 24, C.C.R.

TITLE 19, C.C.R., PUBLIC SAFETY, OFFICE OF THE STATE FIRE MARSHAL REGULATIONS 2023 NFPA 72 - NATIONAL FIRE ALARM CODE WITH CALIFORNIA AMENDMENTS COVER
SHEET

1. DESIGN INTENT: THESE DRAWINGS REPRESENT THE GENERAL DESIGN INTENT TO BE IMPLEMENTED ON THE SITE. THE CONTRACTOR

SHALL BE RESPONSIBLE FOR CONTACTING THE ARCHITECT FOR ANY ADDITIONAL CLARIFICATION OR DETAILS NECESSARY TO ACCOMMODATE SITE CONDITIONS.

2. CONTRACTOR SHALL INFORM THEMSELVES OF, AND FULLY ADHERE TO THE ZONING AND ORDINANCE REGULATIONS OF THE CITY

AND/OR COUNTY WHERE THE PROJECT IS LOCATED, THE RULES, REGULATIONS AND REQUIREMENTS OF ALL GOVERNMENTAL

AGENCIES HAVING JURISDICTION OVER THE WORK, AND ALL FEDERAL AND STATE LAWS, CODES OR REGULATIONS REGARDING CONSTRUCTION ACTIVITY.

3. CONTRACTOR SHALL INVESTIGATE AND PROCURE, AT THEIR EXPENSE, ANY AND ALL PERMITS THAT MAY BE REQUIRED ON PROJECT.

PRIOR TO BIDDING, THE CONTRACTOR SHALL VISIT THE SITE AND FAMILIARIZE THEMSELVES WITH THE EXISTING SITE CONDITIONS.

4. CONTRACTOR SHALL IMMEDIATELY NOTIFY THE OWNERS REPRESENTATIVE IF DISCREPANCY IS SUSPECTED BETWEEN THE SITE AND WHAT IS CONTAINED IN THE CONTRACT DOCUMENTS. NO ALLOWANCES WILL BE MADE TO THE CONTRACTOR DUE TO THEIR LACK OF FAMILIARITY WITH THE SITE CONDITIONS. CONTRACTOR SHALL CALL OUT "USA"-UNDERGROUND SERVICE ALERT (800-642-2444) AND

HAVE USA THOROUGHLY MARK OUT ALL PUBLIC UTILITIES ON, OR ADJACENT TO THE SITE PRIOR TO ANY DEMOLITION OR EXCAVATION WORK. CONTRACTOR SHALL RECORD OR MAINTAIN USA MARKINGS IN LEGIBLE AND ACCESSIBLE FORM FOR DURATION OF PROJECT.

5. CONTRACTOR SHALL AT ALL TIMES PROVIDE NOISE, DUST AND LITTER CONTROL ON THE PROJECT IN ACCORDANCE WITH GOVERNING AGENCIES OR DOCUMENTS LISTED ABOVE AND PER THE DISCRETION OF THE OWNERS REPRESENTATIVE.

6. CONTRACTOR SHALL INSURE PROPER POSITIVE DRAINAGE TO EXISTING DRAINAGE STRUCTURES AT ALL TIMES. IF OPERATION OF ANY

EXISTING DRAINAGE STRUCTURE OR UTILITY IS INTERRUPTED BY THE CONTRACTORS WORK, CONTRACTOR MUST HAVE ACCEPTABLE ALTERNATE METHODS IN PLACE PRIOR TO INTERRUPTION. THE OWNERS REPRESENTATIVE SHALL DETERMINE THE ACCEPTABILITY OF SUCH ALTERNATE METHODS.

7. CONTRACTOR SHALL PROVIDE AND MAINTAIN EROSION CONTROL MEASURES IN CONFORMANCE WITH STANDARD CONSTRUCTION

PRACTICES AS REQUIRED TO PROTECT THE PROJECT AND/OR ADJACENT PROPERTIES FROM DAMAGES DUE TO NATURAL OR MAN-MADE EROSIVE FORCES.

8. CONTRACTOR IS RESPONSIBLE FOR REPAIRING OR REPLACING DAMAGES OR DAMAGED AREAS TO AN AS-WAS OR BETTER CONDITION

IF IT CAN BE REASONABLY CONSTRUED THAT SUCH DAMAGES WERE DUE TO THE CONTRACTORS CONSTRUCTION ACTIVITY OR LACK OF AMPLE PROTECTIVE MEASURES. REPAIRS SHALL BE MADE SUBJECT TO THE DISCRETION OF THE OWNERS REPRESENTATIVE.

9. UPON COMPLETION OF THE WORK, THE CONTRACTOR SHALL CERTIFY THAT ALL WORK HAS BEEN INSTALLED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. ALL VARIATIONS FROM THE DOCUMENTS MUST BE PRESENTED TO THE OWNERS REPRESENTATIVE ACCURATELY AND/OR GRAPHICALLY ON RECORD DRAWINGS PRIOR TO FINAL ACCEPTANCE. REFER TO SPECIFICATIONS FOR ADDITIONAL CLOSE-OUT INFORMATION AND PROCEDURES.

10. CONTRACTOR SHALL DILIGENTLY PROTECT THE PROJECT SITE AND ALL CONSTRUCTION MATERIALS FROM VANDALISM OR DAMAGE UNTIL PROJECT FINAL ACCEPTANCE.

11. CONTRACTOR SHALL PROVIDE DRINKING WATER AND PORTABLE REST ROOM FACILITIES FOR WORKER USE DURING CONSTRUCTION AT CONTRACTORS EXPENSE.

12. CONTRACTOR SHALL MAKE ALL ARRANGEMENTS AND PAY ALL FEES TO ACQUIRE A METERED HOOKUP TO A CITY WATER SOURCE FOR ANY CONSTRUCTION WATER. ALL COSTS FOR SUCH WATER USE SHALL BE BORNE BY THE CONTRACTOR. ADDITIONALLY, CONTRACTOR SHALL PAY FOR IRRIGATION WATER USED DURING CONSTRUCTION AND MAINTENANCE PERIODS. IT IS THE CONTRACTORS RESPONSIBILITY TO INCLUDE ANTICIPATED COSTS IN THE BID PRICE.

13. AT THE TIME OF FINAL INSPECTION, PERMIT APPLICANT MUST PROVIDE THE OWNER OF THE PROPERTY WITH A CERTIFICATE OF COMPLETION, CERTIFICATION OF INSTALLATION, IRRIGATION SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE.

GENERAL NOTES
95% COMPLETION CITY OF SANTA CRUZ DOWNTOWN PARKLET DESIGN & STANDARDS

SHEET TITLE & NUMBER
ISSUANCES AND REVISIONS NO. DATE DESCRIPTION
SANTA CRUZ, CA 95060
1 07 DEC 2022 90% PROGRESS SUBMITTAL

PARKLET DESIGN

SUBMISSION
ISSUE
DATE 20 APRIL 2023
SCALE
2 3
4 DILLON DESIGN ASSOCIATES

LANDSCAPE ARCHITECTURE

GREEN BUILDING
849 ALMAR AVE #C-162 SANTA CRUZ CA 95060
E-MAIL: [email protected]

URBAN DESIGN

SITE PLANNING
CLN 1910
(831) 420-1648
STAMP

DILLON DESIGN ASSOCIATES, LLC

ALL IDEAS, DESIGN, ARRANGEMENTS, AND PLANS INDICATED OR

REPRESENTED BY THIS DRAWING ARE OWNED BY DILLON DESIGN
ASSOCIATES INC. & WERE CREATED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY

PERSON WHOSOEVER WITHOUT THE WRITTEN PERMISSION OF DILLON DESIGN ASSOCIATES INC.

COPYRIGHT 2023
17 JAN 2023 95% PROGRESS SUBMITTAL
17 MAR 2023 95% PROGRESS SUBMITTAL
DESIGN OPTION 01: PARALLEL PARKLET
DESIGN OPTION 02: DIAGONAL PARKLET
PERSPECTIVE RENDERING: PARALLEL PARKLET

14.27 4' 34' 7' 1'
2'-8" 6' 5'-4"
5' CITY OF SANTA CRUZ DOWNTOWN PARKLET DESIGN & STANDARDS

SHEET TITLE & NUMBER
ISSUANCES AND REVISIONS NO. DATE DESCRIPTION
SANTA CRUZ, CA 95060
1 07 DEC 2022 90% PROGRESS SUBMITTAL

PARKLET DESIGN

SUBMISSION
ISSUE
DATE 20 APRIL 2023
SCALE
2 3
4 DILLON DESIGN ASSOCIATES

LANDSCAPE ARCHITECTURE

GREEN BUILDING
849 ALMAR AVE #C-162 SANTA CRUZ CA 95060
E-MAIL: [email protected]

URBAN DESIGN

SITE PLANNING
CLN 1910
(831) 420-1648
STAMP

DILLON DESIGN ASSOCIATES, LLC

ALL IDEAS, DESIGN, ARRANGEMENTS, AND PLANS INDICATED OR

PERSON WHOSOEVER WITHOUT THE WRITTEN PERMISSION OF DILLON DESIGN ASSOCIATES INC.

COPYRIGHT 2023
17 JAN 2023 95% PROGRESS SUBMITTAL
17 MAR 2023 95% PROGRESS SUBMITTAL
SITE PLAN: TYP. LAYOUT OF 2 PARALLEL PARKING SPOTS - CONCRETE FOOTER SCALE = 1
2 " = 1-0"
L-1.0

PARALLEL

PARKLET

SITE & LAYOUT
MINIMUM OF 4'-0"

SETBACK FROM
THE PARKING "T"
PARKING "T"

EXISTING SIDEWALK

EXISTING CURB

EXISTING STREET TREE
MINIMUM OF 4'-0"

SETBACK FROM
THE PARKING "T"
PARKING "T"

ADA SEATING
0 0'-6" 1'-0" 2'-0"
SCALE: 1/2" = 1'-0"
LAYOUT & DIMENSIONS PLAN: 2 PARALLEL SPOTS WITH CONCRETE FOOTER SCALE = 1
2 " = 1-0"
SHOWN ON THE PLAN.