Santa Cruz City Council
June 27, 2023

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

CITY COUNCIL AGENDA
Regular Meeting – June 27, 2023
10:45 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. 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, June 26th
June 27, 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, February 26th 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 8, 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.

June 27, 2023 City Council 3
10:45 AM
Closed Session

1. Real Property Negotiations (Government Code §54956.8) 1) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
2) Property: 333 Front Street
APN: 005-152-32
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating parties: City and Homeless Garden Project
Under Negotiation: Price, terms of payment, or both for potential lease 3) Property: Firehouse Lane, Unincorporated Santa Cruz, CA APN: 067-202-60
Owner: C-SHORE, a Partnership; Robert R. Rittenhouse and Edithanne Rittenhouse; and Denoyer F. O’Laughlin and Nancy T. O’Laughlin City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and C-SHORE, a Partnership; Robert R. Rittenhouse and Edithanne Rittenhouse; and Denoyer F.

O’Laughlin and Nancy T. O’Laughlin
Under Negotiation: Price, terms of payment, or both
4) Property: 6000 La Madrona Drive, Scotts Valley, CA
APN: 021-141-20
Owner: Scotts Valley Fire Protection District
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Scotts Valley Fire Protection District
Under Negotiation: Price, terms of payment, or both
5) Property: 175 Sims Road, Santa Cruz, CA
APN: 067-202-66
Owner: Craig Yates and Nichole Yates, Co-Trustees of the Yates Family Trust Dated June 14, 2019
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and The Yates Family Trust Under Negotiation: Price, terms of payment, or both
June 27, 2023 City Council 4
Closed Session (continued)

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v. The Regents of the University of California, et al.
(Santa Cruz County Superior Court Case No. 22CV00373)
2) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
June 27, 2023 City Council 5
City Council
12:30 PM
Call to Order
Roll Call
Presentations

3. Mayoral Proclamation Declaring June 27, 2023 as LGBTQIA+ Youth and Allies Leadership Day

4. Mayoral Proclamation Declaring July as Parks and Recreation Month Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

Consent Agenda

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

June 27, 2023 City Council 6
Consent Agenda (continued)

7. Resolution Amending Card Room Wagering Limits in Accordance with Chapter 5.48 of the Municipal Code (CA)
Resolution raising wagering limits at cardrooms for Blackjack and Texas Hold 'Em.

8. Minutes of the June 13, 2023 City Council Meeting (CC) Motion to approve as submitted.

9. Update of Various Council Policies (CC)
Resolution updating various Council Policies to reflect general language updates, changes in laws, and/or align with the City's current practices.

10. Dissolution of the City/County 2x2 Committee and Appointment to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board (CM) Motion to:
1) Dissolve the City/County 2x2 Committee; and
2) Appoint the position of Deputy City Manager to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board.

11. City Overlook Emergency Shelter Operations and Management Contract Approval (CM)
Motion to authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with The Salvation Army in the amount of $4,048,426.19 to operate and manage the City Overlook emergency shelter program for a term not to exceed 12 months.

12. Tier 3 Safe Parking Operations and Management Contract Approval (CM)
Authorize the City Manager to execute a contract, in a form approved by the City Attorney, between the City of Santa Cruz and the Association of Faith Communities, in the amount of $430,161.60, to operate and manage the Tier 3 safe parking program.

June 27, 2023 City Council 7
Consent Agenda (continued)

13. Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Sacramento September 20-22, 2023 (CN)
Motion to designate Vice Mayor Golder as the voting delegate, and Councilmember Brunner as the alternate, in the event that Vice Mayor Golder is unavailable, to attend the League of California Cities Annual Conference in Sacramento.

14. First Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (ED)
Authorize the City Manager to execute the First Amendment to Graffiti Abatement Services Agreement, and any amendments thereto, in a form approved by the City Attorney, with Graffiti Protective Coatings, Inc., increasing the not to exceed amount from $125,000 to $147,000 for FY 2023 and extending service through FY 2024 in an amount of $147,688.

15. Proposition 4 Appropriations Limit Adjustment Factors (FN) Resolution approving the selection of the annual adjustment factors to be utilized in the calculation of the City’s Proposition 4 Appropriations Limit based on the adopted budget for FY 2024, with amendments thereto, if any.

16. Award Contract for Safety Footwear (FN)
Motion to:
1) Award a contract for citywide purchases for safety footwear to Beck’s Shoes, Inc., Campbell, California for a 3-year term; and 2) Authorize the City Manager to execute the agreement, in a form approved by the City Attorney, and any amendments within the approved operating budget.

June 27, 2023 City Council 8
Consent Agenda (continued)

17. Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
Motion to:
1) Authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024; and
2) Authorize funding amount of $104,234 for FY 2024.

18. Pass-Through Agreement with Community Bridges/CTSA of Santa Cruz County - TDA Claimant (FN)
Motion to authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Community Bridges/Consolidated Transportation Services Agency/State Transit Assistance (STA), allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024.

19. Award Contract to Tyler Technologies to Implement Tyler Enterprise Permitting and Licensing Software (Tyler EPL, formerly Tyler EnerGov) (PL/IT)
Motion to authorize the City Manager to execute contracts, in forms approved by the City Attorney, with Tyler Technologies for licensing, maintenance, and implementation of Tyler Technologies’ enterprise permitting and licensing (EPL) software.

20. Contract Amendment for Kimley-Horn Associates for Professional Services Related to the Downtown Plan Expansion (PL)
Motion authorizing the City Manager to execute a contract amendment, in a form approved by the City Attorney, with Kimley-Horn Associates in an amount not to exceed $297,500, based on the attached scope of work and budget.

June 27, 2023 City Council 9
Consent Agenda (continued)

21. FreeWire Boost Charger for Medium/Heavy Duty Vehicles (g402301) – Award Contract and Budget Adjustment (PW)
Motion to:
1) Adopt a resolution to amend the FY 2023 budget to appropriate funds in the amount of $233,745; and
2) Authorize the purchase of FreeWire Boost Charger from FreeWire Technologies (Newark, CA) in the amount of $214,655.

22. Overnight Parking Permit Fees Related to Oversized Vehicle Ordinance (No. 2021-20) Implementation (PW)
Resolution establishing fees for City-issued oversized vehicle overnight parking permits.

23. West Cliff Drive Stabilization Project (c401501) - Ratification of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, and Authorize Professional Service Agreement for Construction Support Services (PW)
Motions to:
1) Ratify the plans and specifications for the West Cliff Drive Stabilization Project (c401501), authorize an exemption from local employment requirements, and bid and award the contract. Per Resolution No. NS-27,563, the City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
2) Approve and authorize the City Manager to execute a Professional Service Agreement with Mesiti Miller Engineering (Santa Cruz, CA) for Construction Support Services for the West Cliff Drive Stabilization Project (c401501), in a form approved by the City Attorney. The Director of Public Works is authorized to execute contract amendments within the approved project budget.

June 27, 2023 City Council 10
Consent Agenda (continued)

24. Award Contract for Vapex Micro Odor Control Units (m409659) (PW) Motion to award a contract for the purchase of four Vapex Micro Odor Control Units from Vapex Environmental Technologies, LLC (Cocoa, FL) in the amount of $634,242.12.

25. Beltz Well 9 Aquifer Storage and Recovery Pilot Testing – Approval of California Environmental Quality Act Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT) Motion to approve plans and specifications for construction of the Beltz Well 9 Aquifer Storage and Recovery Pilot Testing Program (Project), authorize staff to advertise for bids, find the Project exempt under the California Environmental Quality Act (CEQA), and award the contract.

Per Resolution No. NS-27,563, the City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Water Director is authorized to execute change orders within the approved project budget.

26. Beltz Wells 8 and 12 Aquifer Storage and Recovery Design – Award of Professional Services (WT)
Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Carollo Engineers (Walnut Creek, CA) for Professional Engineering Services for Beltz Wells 8 and 12 Aquifer Storage and Recovery Design and to authorize the Water Director to execute future contract amendments within the approved budget.

27. Resolution Transferring Funds within the Water Enterprise Funds to Meet FY 2023 Financial Targets – Budget Adjustment (WT) Resolution transferring $8,000,000 to the Water Operations Fund (Fund 711) and $600,000 to the Water 90–Day Fund (Fund 716) from the Water Rate Stabilization Fund (Fund 713).

End Consent Agenda
June 27, 2023 City Council 11
Public Hearings

28. 2nd Reading and Final Adoption of Ordinance No. 2023-08 Amending Select Portions of Chapter 10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, Pertaining to the Parking of Oversized Vehicles (PL/CA)
Adopt Ordinance No. 2023-08 amending select portions of Chapters

10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, pertaining to the parking of oversized vehicles.

29. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024 (ED)
Absent receipt of a majority vote from property owners against the proposed assessment at the close of the public hearing:

Motion to:
1) Adopt a resolution confirming the Cooperative Retail Management Business Real Property Improvement District FY 2024 Annual Plan and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024; and
2) Adopt Ordinance No. 2023-09 confirming that Chapter 5.06 of the Santa Cruz Municipal Code shall apply to the Cooperative Retail Management Business Real Property Improvement District within the District’s modified boundaries and to the increased assessments approved and levied by the City Council for the District’s FY 2024.

30. Appeal of Proposed Single Space Markings on David Way (PW) Resolution to deny the appeal of the Transportation and Public Works Commission’s decision and not install single space markings on David Way.

General Business

31. Five-Year Strategic Plan (CN)
Motion to provide feedback for the first draft of City of Santa Cruz’s five-year strategic plan.

June 27, 2023 City Council 12
General Business (continued)

32. 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report (CM)
Receive the 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report.

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
Adjournment
June 27, 2023 City Council 13

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JUNE 27, 2023

33. City Manager: Quarterly Grant Report – Fiscal Year 2023 as of March 31, 2023 - June 16, 2023 (CMFYI 265)

34. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of May 31, 2023 - 6/15/23 (FNFYI 371)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JUNE 27, 2023

35. Proclaiming June 23, 2023 as “Day Worker Center Day” and encouraging all citizens to join in expressing heartfelt appreciation for its endeavors to work for the betterment of the lives of day workers in our community.

36. Proclaiming June 24, 2023 as “Abi Mustapha Day” in recognition of her work as an artivist with Santa Cruz Equity Collab and her commitment to the pursuit of equity, justice, and liberation for all and encouraging all citizens to join in this observance.

37. Proclaiming Tuesday, June 27, 2023 as “LGBTQIA+ Youth and Allies Leadership Day” and encouraging all residents to embrace, respect, and support the rights and culture of all individuals who identify as LGBTQIA+; congratulating the LGBTQIA+ students and allies who were honored at the 26th Annual Queer Youth Leadership Awards; and joining members of the LGBTQIA+ community in their fight for equal rights in our city, state, nation, and beyond.

38. Proclaiming the month of July 2023 as “Parks and Recreation Month.” June 27, 2023 City Council 14
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 Three openings – at-large nominations Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

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

City Council Agenda Legislative History Addendum
No information was submitted.

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

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

Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
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 - Labor Day
August 22
August 8
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
September 12
September 26

5.1 City Council

AGENDA REPORT
DATE: 06/08/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Attorney/City Manager
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

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

At its regular meetings on January 24, 2023, and March 14, 2023, the Council adopted Resolution Nos. NS-30,095 and NS-30,116, further extending the declaration of emergency by 60 days.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the December 2022 and January 2023 winter storms emergency by an additional 60 days, to August 26, 2023.

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

6.1 Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

6.2 RESOLUTION NO. NS-XX,XXX

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

THE LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE DECEMBER 2022 AND JANUARY 2023 WINTER STORMS
WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and WHEREAS, on December 30 and 31st, 2022, the City of Santa Cruz experienced a major rain event (the "December 2022 Atmospheric River Winter Storm"); and WHEREAS, as a result of the December 2022 Atmospheric River Winter Storm, flooding, debris from trees, and mud have impacted the San Lorenzo River and adjacent areas, including the Tannery area, San Lorenzo Park, and the beach. The San Lorenzo River reached

22.1 feet. Rainfall amounts exceeded 7 inches in the mountains over a 24-hour period; and WHEREAS, soil conditions in the City of Santa Cruz remain saturated as a result of the December 2022 Atmospheric River Winter Storm, and another powerful storm event occurred on January 4 and 5th, 2023, increasing flooding and other storm impacts, including downed trees, major infrastructure damage, and impacts to persons experiencing homelessness; and
WHEREAS, the County of Santa Cruz proclaimed the existence of a local emergency in the County on January 3, 2023; and
WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the "Emergency Proclamation").

WHEREAS, at its January 10, 2023 meeting, the City Council adopted Resolution No.

NS-30,085 declaring the existence of a State of Emergency in connection with the December 2022 and January 2023 winter storms, confirming the January 4, 2023 Emergency Proclamation by the Director of Emergency Services; and WHEREAS, at its regular meetings on January 24, 2023, March 14, 2023, and May 9, 2023, the Council adopted Resolution Nos. NS-30,095, NS-30,116, and NS-30,145 further extending the declaration of emergency by 60 days; and
WHEREAS, damage to City infrastructure from the December 2022 and January 2023 winter storms is extensive and as a result, the City’s emergency response to the December 2022 and January 2023 winter storms will likely be ongoing.

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

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, and extended on January 24, 2023 by Resolution NS-30,095, on March 14, 2023 by Resolution NS-30,116, and on May 9, 2023 by Resolution NS-30,145, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 27th day of June 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

6.4 City Council

AGENDA REPORT
DATE: 06/08/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Attorney
SUBJECT: Resolution Amending Card Room Wagering Limits In Accordance with Chapter 5.48 of the Municipal Code (CA)
RECOMMENDATION: Resolution raising wagering limits at cardrooms for Blackjack and Texas Hold ‘Em.

BACKGROUND: The City Council adopted Santa Cruz Municipal Code Chapter 5.48 on December 8, 1998 pertaining to cardrooms. In accordance with the requirements of the State Gambling Control Act (Business & Professions Code §19800, et seq.), Section 5.48.100 of the Municipal Code provides that no cardroom may operate within the City until wagering limits approved by the City Council are established and posted to give betting patrons adequate notice of wagering limits. In February of 1999, the City Council adopted a resolution prohibiting a cardroom owner, operator or employee from permitting any person playing in any game to bet or wager in excess of $200 in any hand.

DISCUSSION: The Oceanview Cardroom is and has been since at least the mid-1990s the only cardroom operating within the City. For the past several months, in response to a long-standing request from the Oceanview’s owner, the Economic Development and Housing Department and Police Department have been exploring the potential for increasing the wagering limits most recently established in 1999, including conferring with the State Department of Gambling Control, and researching wagering limits in other nearby jurisdictions.

At present, neither the State nor nearby jurisdictions have any wagering limits for card rooms.

According to the Police Department, the current Oceanview Cardroom operation does not generate a significant number of calls for service, particularly in comparison with some of the other businesses on Pacific Avenue south of Laurel. If adopted, the attached resolution would increase the wagering limits for Blackjack to $500 and for Texas Hold ‘Em to $1,000. The Police Department and Economic Development and Housing Department are supportive of this adjustment.

FISCAL IMPACT: No significant fiscal impact anticipated.

Prepared and Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager

7.1 ATTACHMENTS:

1. RESOLUTION.DOCX

7.2 RESOLUTION NO. NS-30,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RAISING THE WAGERING LIMIT AT CARDROOMS FOR BLACKJACK AND TEXASHOLD ‘EM WHEREAS, Santa Cruz Municipal Code section 5.48.100 requires all cardrooms operating within the City of Santa Cruz to establish wagering limits in accordance with such limitations as may be set from time to time by the City of Santa Cruz; and WHEREAS, the City of Santa Cruz adopted Resolution No. NS-24,216 on February 23, 1999 that limits any wager to a maximum of two hundred dollars ($200.00); and WHEREAS, the Economic Development and Police Departments have determined that, given current conditions, an increase in maximum wager limits to the amounts specified herein are unlikely to result in an increase in crime based on larger amounts of cash being used.

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

1. No cardroom owner, operator, or employee shall permit any person to make a maximum single bet in the excess of five hundred dollars ($500) in the game of Blackjack or make a maximum single bet in the excess of one thousand dollars ($1,000) in the game of Texas Hold ‘Em.

2. The Santa Cruz Police Department, in conjunction with the Economic Development Department, will monitor any rise in crime associated with raising the wager limit and submit a report to the City Manager within six months of the effective date of this resolution with a recommendation as to whether any amendments to the limits specified herein are warranted.

PASSED AND ADOPTED this 27th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

MINUTES OF A CITY COUNCIL MEETING
June 13, 2023
10:00 AM
Mayor Keeley opened the City Council Closed Session at 10:01 a.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; Vice Mayor Golder; Mayor Keeley.

Absent: Councilmember Kalantari-Johnson.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, Finance Director E. Cabell, Director of Information Technology K. Morgan (via Zoom), 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 10:02 a.m. The following people spoke:

Jane Doyle spoke regarding item 1.

Reggie Meisler spoke regarding item 1.

Mayor Keeley closed the public comment period at 10:08 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

8.1 June 13, 2023 CITY COUNCIL MINUTES 6494
Closed Session

1. Real Property Negotiations (Government Code §54956.8) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and gave direction.

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Dominique Townsend
2) Claimant: Michael B. Smith
3) Claimant: Ginaia Kelly
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 11, and no reportable action was taken.

3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed - Don Honda May 28, 2023 email message)
Council received a status report, and took no reportable action.

8.2 June 13, 2023 CITY COUNCIL MINUTES 6495
Closed Session (continued)

4. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v. The Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
2) Regents of the University of California, et al. v. City of Santa Cruz (6th Appellate District Court of Appeals Case No. 20CV02152) 3) Lisa Foster v. City of Santa Cruz, et al.
(Santa Cruz County Superior Court Case No. 23CV00638)
4) Robert Fleck v. City of Santa Cruz, et al.
(Santa Cruz County Superior Court Case No. 23CV01131)
5) City of Arcata, et al. v. Pacific Gas and Electric Company (San Francisco Superior Court Case No. CGC-20-585483)
Council received a status report, gave direction, and took no reportable action on items 1, 2, and 5.

Council received a status report and authorized the City Attorney to file crosscomplaints related to cases 3 and 4. The details and particulars will be available to members of the public by request once the complaints are filed.

8.3 June 13, 2023 CITY COUNCIL MINUTES 6496
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
June 13, 2023
12:15 PM
Call to Order – Mayor Keeley called the meeting to order at 12:17 p.m. in Council Chambers.

Roll Call

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

Absent: Councilmember Kalantari-Johnson.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, Director of Public Works N. Nguyen, Director of Parks and Recreation T. Elliot, Director of Economic Development and Housing B. Lipscomb, Chief of Fire R. Oatey, Director of Planning and Community Development L. Butler, Water Director R. Menard, Director of Information Technology K. Morgan, Police Lieutenant G. Crofts, Chief People Officer S. De Leon, Parks Superintendent T. Beck, Operations Manager G. Sanchez, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from items 24 and 28 as these items have an impact on her employer, the Downtown Association.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6494—6495 for the report.

8.4 June 13, 2023 CITY COUNCIL MINUTES 6497
Presentations

5. Capital Investment Program Presentation
Finance Director E. Cabell introduced the Capital Improvement Program’s proposed budget for FY 2023 and called on the following individuals to give presentations on their department’s Capital Investment and respond to Councilmember questions: Director of Public Works N. Nguyen, Director of Parks and Recreation T. Elliot, Director of Economic Development and Housing B. Lipscomb, and Fire Chief R. Oatey.

Parks Superintendent T. Beck responded to Councilmember questions.

Operations Manager G. Sanchez responded to Councilmember questions.

6. Presentation from the Council Ad Hoc Budget and Revenue Committee on Results of Housing Measure Feasibility Work
Mayor Keeley, and Councilmembers Brown and Newsome gave a presentation.

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

Unidentified person
Unidentified person
Garrett
Jim Weller
Jane Barr
Don Lane
Unidentified person
Mayor Keeley closed the public comment period.

Council Meeting Calendar

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

8.5 June 13, 2023 CITY COUNCIL MINUTES 6498
Consent Agenda
Mayor Keeley opened the public comment period. The following person spoke:

Garrett spoke regarding items 14 and 20.

Mayor Keeley closed the public comment period.

Director of Public Works N. Nguyen responded to Councilmember Brown’s question regarding item 18.

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

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

8. Minutes of the May 23, 2023 City Council Meeting (CC) Motion carried to approve as submitted.

9. Minutes of the May 24, 2023 City Council Special Meeting (CC) Motion carried to approve as submitted.

10. 333 Locust Street Acquisition Agreement and Budget Adjustment (ED) Motion carried to:
 Adopt Resolution No. NS-30,152 authorizing the City Manager to enter into a Purchase Sale Agreement to purchase the real property located at 333 Locust Street (APN 005-033-03) and execute any and all related documents necessary, in a form approved by the City Attorney; and  Adopt Resolution No. NS-30,153 amending the FY 2023 budget in the amount of $1,718,000 to fund the acquisition of the property at 333 Locust Street.

8.6 June 13, 2023 CITY COUNCIL MINUTES 6499
Consent Agenda (continued)

11. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Dominique Townsend, 2) Michael B. Smith, and 3) Ginaia Kelly, based on staff recommendation.

12. General Obligation Refunding Bonds - Tax Rate Authorization (FN) Resolution No. NS-30,154 was adopted setting the tax rate for FY 2024 with respect to the City’s General Obligation Refunding Bonds.

13. Resolution Amending the Personnel Complement and Classification and Compensation Plans for the FY 2023 Budget for the Police Department (HR) Resolution No. NS-30,155 was adopted amending the Classification and Compensation Plan and the FY 2023 Personnel Complement by approving a classification change in the Police Department.

14. Suspension of the Natural Gas Prohibition Ordinance (PL) Resolution No. NS-30,156 was adopted suspending enforcement of Santa Cruz Municipal Code 6.100 Prohibition of Natural Gas Infrastructure in new buildings.

15. Award Contract for Case 570N EP 4WD Tractor Loader Scraper - Budget Adjustment (PR)
Motion carried to:
 Award a contract for the purchase of one new Case 570N EP 4WD Tractor Loader Scraper from Sonsray Machinery (Salinas, CA) in the amount of $114,437.70, not to exceed $150,000 in the event of inflationary increases; and
 Adopt Resolution No. NS-30,157 amending the FY 2023 budget in the amount of $114,437.70 to facilitate the purchase of a new Case 570N EP 4WD Tractor Loader Scraper from Sonsray Machinery (Salinas, CA).

8.7 June 13, 2023 CITY COUNCIL MINUTES 6500
Consent Agenda (continued)

16. FY 2024 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
Resolution No. NS-30,158 was adopted approving the FY 2024 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorizing the City Manager to submit the project list to the California Transportation Commission.

17. Measure D Expenditure Plan: FY 2024-2028 (PW)
Motion carried to approve the proposed Measure D Five-Year Expenditure Plan for FY 2024-2028.

18. Neary Lagoon Tule and Sediment Removal Project (m409668) – Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (PW)
Motion carried to approve the plans and specifications for the Neary Lagoon Tule and Sediment Removal Project (m409668), authorize an exemption from local employment requirements, and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget.

19. Rising Prices for Tires and Repair Costs for City Vehicles and Equipment – Budget Adjustment (PW)
Resolution No. NS-30,159 was adopted amending the FY 2023 budget to appropriate funds in the amount for $70,000 to fund increasing tire purchases and repair expenses.

20. Proposed Resource Recovery Collection Rates Increase (PW) Motion carried to schedule a Public Hearing for August 8, 2023 on the proposed resource recovery collection rates increase, in accordance with State law, including a mailed notice to property owners.

8.8 June 13, 2023 CITY COUNCIL MINUTES 6501
Consent Agenda (continued)

21. Graham Hill Water Treatment Plant Facility Improvements Project – Update Report / City Council Direction (WT/PL)
Motion carried to:
 Notify the Water and Planning Commissions that the Graham Hill Water Treatment Plant Facility Improvements Project (Project) will be brought to the City Council for final consideration and action on the Environmental Impact Report (EIR), discretionary permits/entitlements, and final project approval per Santa Cruz Municipal Code 24.04.175.2; and  Direct staff to coordinate with the Water and Planning Commissions to obtain project recommendations from those commissions on the Project EIR (Water Commission) and Project entitlements (Planning Commission) prior to Council’s final action on the Project.

22. Loch Lomond Reservoir Oxygen Diffuser System – Notice of Completion (WT) Motion carried to:
 Ratify Change Order No. 1 with Mobley Engineering Inc. (Norris, TN) related to redesign of the system to accommodate differing field conditions and several delays and remobilizations to the project in the amount of $53,521.80; and
 Accept the work of Mobley Engineering Inc. (Norris,TN) as complete per the agreement and authorizing the filing of a Notice of Completion for the Loch Lomond Reservoir Oxygen Diffuser System and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

23. Contract Amendment 2024-01 with HDR Inc. for Capital Program Management Services (WT)
Motion carried authorizing the City Manager to execute Contract Amendment No. 2024-01 with HDR for Service Order No. 9 in the amount of $6,933,644 in a form to be approved by the City Attorney.

End Consent Agenda

8.9 June 13, 2023 CITY COUNCIL MINUTES 6502
Consent Public Hearings
Mayor Keeley separated the Consent Public Hearing items at the request of Councilmember Brunner.

At this time, Councilmember Brunner left the dais.

24. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to adopt Resolution No. NS-30,160 confirming the Parking and Business Improvement Area FY 2024 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2024.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: Councilmember Brunner.

8.10 June 13, 2023 CITY COUNCIL MINUTES 6503
At this time Councilmember Brunner returned to the dais.

Consent Public Hearings (continued)

25. Expansion of Technology Surcharge (PL)
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 Brown, to:
 Adopt Resolution No. NS-30,161 to rescind Resolution No. NS-27,559, the Council’s 2007 Technology Surcharge resolution, and expand the application of a six (6) percent Technology Surcharge to certain fees collected by the Planning and Community Development, Finance, Public Works, Parks and Recreation, Fire, and Water Departments; and
 Direct staff to take related implementation actions.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

8.11 June 13, 2023 CITY COUNCIL MINUTES 6504
Public Hearings

26. Tree Appeal 233 Union Street (PR)
Urban Forester L Keedy spoke and responded to Councilmember questions.

Appellant Elise Casby and Marv Lewis spoke regarding this item and responded to Councilmember questions.

Danny Alvarez, Realtor with Maverick Group Real Estate, and Sarah Moore, coowner of 233 Union Street, spoke on behalf of the applicant regarding this item and responded to Councilmember questions.

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

Gillian Greensite
George Berkeley
Mayor Keeley closed the public comment period.

Appellant Elise Casby provided a rebuttal.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Newsome, to adopt Resolution No. NS-30,162 to deny the appeal and uphold the Parks and Recreation Commission's approval of tree removal permit application #23-0005 submitted by Dorth Raphaely to remove two Coast Redwood trees located at 233 Union Street.

ACTION: The motion carried with the following vote.

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

NOES: Councilmember Brown.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

8.12 June 13, 2023 CITY COUNCIL MINUTES 6505
Public Hearings (continued)

27. Ordinance Amending Select Portions of Chapter 10.40 of the Santa Cruz Municipal Code, Along with Santa Cruz Municipal Code Section 10.41.060, Pertaining to the Parking of Oversized Vehicles (PL/CA) Director of Planning and Community Development L. Butler gave a presentation and responded to Councilmember questions.

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

Joy Schendledecker
Reggie
Robert Norse
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brunner moved, seconded by Councilmember Watkins, to introduce for publication Ordinance No. 2023-08 amending select portions of Chapters 10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, pertaining to the parking of oversized vehicles.

ACTION: The motion carried with the following vote.

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

NOES: Councilmember Brown.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

8.13 June 13, 2023 CITY COUNCIL MINUTES 6506
At this time, Councilmember Brunner left the dais.

General Business

28. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024 (ED)
Economic Development and Housing Manager R. Unitt gave a presentation.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to:
 Approve the FY 2023 Annual Report and FY 2024 Plan prepared by the Downtown Management Corporation;
 Adopt Resolution No. NS-30,163 as a Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2024 and schedule a public hearing for June 27, 2023, after the hour of 1 pm, on the levy of the assessments for FY 2024; and
 Introduce for publication Ordinance No. 2023-09 confirming that Chapter

5.06 of the Santa Cruz Municipal Code shall apply to the Cooperative Retail Management Business Real Property Improvement District within the District’s modified boundaries and to the increased assessments approved and levied by the City Council for the District’s FY 2024.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: Councilmember Brunner.

Council took a break at 3:58 p.m. and returned at 4:33 p.m.

8.14 June 13, 2023 CITY COUNCIL MINUTES 6507
General Business (continued)

29. Fiscal Year 2024 Proposed Budget
Finance Director E. Cabell spoke.

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

Doug Engfer
Mayor Keeley closed the public comment period.

29.1. Fiscal Year 2024 Proposed Budget Adoption (FN)
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to:
 Adopt Resolution No. NS-30,164 adopting the Fiscal Year (FY) 2024 Budget including the Capital Investment Program (CIP), effective July 1, 2023; authorize the City Manager to allocate within the applicable funds the FY 2024 Schedule of Administrative Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorize the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and
 Accept the Water Commission’s recommendations regarding the Water Department’s FY 2024 Operating and Capital Investment Program (CIP).

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

8.15 June 13, 2023 CITY COUNCIL MINUTES 6508
General Business (continued)

29. Fiscal Year 2024 Proposed Budget (continued)

29.2. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Public Works, City Manager, Finance, Parks and Recreation, Police, Water, Fire, Library and Human Resources Departments (HR)
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to adopt Resolution No. NS-30,165 amending the Classification and Compensation Plans for the FY 2024 budget personnel complement by implementing the approved FY 2024 budget/position changes in several departments.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

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

Oral Communications
At 4:45 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.

Sean Williams spoke regarding his composting business.

At 4:48 p.m. Mayor Keeley closed Oral Communications.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 4:48 p.m.

8.16 June 13, 2023 CITY COUNCIL MINUTES 6509
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

8.17 City Council

AGENDA REPORT
DATE: 06/06/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Clerk
SUBJECT: Update of Various Council Policies (CC)
RECOMMENDATION: Resolution updating various Council Policies to reflect general language updates, changes in laws, and/or align with the City's current practices.

BACKGROUND: The City Council Policy Manual includes policies adopted by the City Council pertaining to how the City conducts its business.

DISCUSSION: Upon review of the Council Policy Manual, it was discovered that many policies needed to be edited for general housekeeping, changes in laws, and being up-to-date.

Approval of the policy edits will come to Council in sections. Staff is proposing that Council adopt changes to the following policies:

1.1: Council Procedure on Appeals

2.1: Interim Use of Skypark Property

5.1: Terms of Office, Appointment, Simultaneous Service

5.3: Application Procedures – Boards, Commissions, Committees and Task Forces

5.4: Attendance Policy and Leaves of Absence for City Advisory Bodies

5.5: Boards, Commissions, and Committees – Selection to fill Unexpired Terms

5.6: Disabled Access to Meetings/Meeting Locations-City Advisory Bodies

5.11: Open Meeting Regulations (Brown Act) – City Advisory Bodies

5.14: Minute Preparation and Meeting Action Follow-up for Advisory Body and City Council Committee Meetings

5.16: Council Representation at Commission for the Prevention of Violence Against Women Annual Public Hearing

5.17: Advisory Body Members’ Ethics Training Requirement

5.18: Conflicts of Interest-Compliance with Statutes, Regulations and Related Court, Attorney General and FPPC Opinions.

6.1: City Council Expenses; Travel Contingency Fund for Mayor and/or City Councilmembers; and Books, Periodicals and Equipment Purchased by the Mayor and/or City Councilmembers

6.2: Special Meetings of the City Council

6.3: City Council Outgoing Correspondence

6.5: City Council Agenda-Order of Business

6.6: City Council Meetings-Oral Communications

6.7: Lengthy Reports Distributed to Council

9.1 6.8: Information Items for City Council (FYIs)-Procedure for Distribution (Items Not Requiring Council Action)

6.9: Requests of Staff Made by the Mayor and/or Councilmembers

6.10: Seating of New Councilmembers and Mayor; Election of Vice Mayor-Setting Times

6.12: Closed Sessions

6.13: Open Meeting Regulations (Brown Act)-City Council Meetings

6.15: Delete: Pre-Printed Material for Council Items

6.16: Delete: City Council Agenda Legislative History Addendum

6.17: Equal Access to Services

7.2: City Council Chambers — Use Of Facility

10.1: Election Procedures: Candidate's Statement Of Qualifications

12.16: Cannabis Business Tax Increment Designated For A Children’s Fund

14.2: Ordinances for Publication

17.1: Designation Of Public Housing Agency For The City Of Santa Cruz

17.3: Rental Policy For City-Owned Housing

30.1: Delete: Redevelopment Agency Business – Use of Local Banks, Firms, and Companies

30.2: Delete: Redevelopment Agency Meetings – Setting Time The attached "Details of Requested Edits to Various Council Policies" provides a summary of the requested edits/changes per each policy.

Updates from the remainder of the policies will be forthcoming.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. DETAILS OF REQUESTED EDITS TO VARIOUS COUNCIL POLICIES.PDF

3. 1.1 - CLEAN.DOC

4. 2.1 - CLEAN.DOCX

5. 5.1 - CLEAN.DOC

6. 5.3 - CLEAN.DOC

7. 5.4 - CLEAN.DOC

8. 5.5 - CLEAN.DOC

9. 5.6 - CLEAN.DOC

10. 5.11 - CLEAN.DOC

11. 5.14 - CLEAN.DOC

12. 5.16 - CLEAN.DOC

13. 5.17 - CLEAN.DOCX

14. 5.18 - CLEAN.DOCX

15. 6.1 - CLEAN.DOC

16. 6.2 - CLEAN.DOC

17. 6.3 - CLEAN.DOC

18. 6.5 - CLEAN.DOC

19. 6.6 - CLEAN.DOCX

9.2 20. 6.7 - CLEAN.DOC

21. 6.8 - CLEAN.DOC

22. 6.9 - CLEAN.DOCX

23. 6.10 - CLEAN.DOC

24. 6.12 - CLEAN.DOCX

25. 6.13 - CLEAN.DOCX

26. 6.17 - CLEAN.DOC

27. 7.2 - CLEAN.DOC

28. 10.1 - CLEAN.DOCX

29. 12.16 - CLEAN.DOCX

30. 14.2 - CLEAN.DOC

31. 17.1 - CLEAN.DOCX

32. 17.3 - CLEAN.DOCX

33. FIRST ROUND OF UPDATES TO VARIOUS POLICIES - TRACK CHANGES.PDF

9.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ UPDATING

VARIOUS COUNCIL POLICIES
WHEREAS, the City Council Policy Manual includes policies adopted by the City Council pertaining to how the City conducts its business; and
WHEREAS, upon review of the Policy Manual, it was discovered that many needed to be updated to reflect general language updates, changes in laws, and bring up to date with the City’s current practices; and
WHEREAS, in this update to Council, the following policies are to be updated: 1.1 Council Procedure on Appeals, 2.1 Interim Use of Skypark Property, 5.1 Terms of Office, Appointment, Simultaneous Service, 5.3 Application Procedures – Boards, Commissions, Committees and Task Forces, 5.4: Attendance Policy and Leaves of Absence for City Advisory Bodies, 5.5: Boards, Commissions, and Committees – Selection to fill Unexpired Terms, 5.6: Disabled Access to Meetings/Meeting Locations-City Advisory Bodies, 5.11: Open Meeting Regulations (Brown Act) – City Advisory Bodies, 5.14: Minute Preparation and Meeting Action Follow-up for Advisory Body and City Council Committee Meetings, 5.16: Council Representation at Commission for the Prevention of Violence Against Women Annual Public Hearing, 5.17: Advisory Body Members’ Ethics Training Requirement, 5.18: Conflicts of Interest-Compliance with Statutes, Regulations and Related Court, Attorney General and FPPC Opinions, 6.1: City Council Expenses; Travel Contingency Fund for Mayor and/or City Councilmembers; and Books, Periodicals and Equipment Purchased by the Mayor and/or City Councilmembers, 6.2: Special Meetings of the City Council,

6.3: City Council Outgoing Correspondence, 6.5: City Council Agenda-Order of Business, 6.6:

City Council Meetings-Oral Communications, 6.7: Lengthy Reports Distributed to Council, 6.8:

Information Items for City Council (FYIs)-Procedure for Distribution (Items Not Requiring Council Action), 6.9: Requests of Staff Made by the Mayor and/or Councilmembers, 6.10: Seating of New Councilmembers and Mayor; Election of Vice Mayor-Setting Times, 6.12: Closed Sessions, 6.13: Open Meeting Regulations (Brown Act)-City Council Meetings, 6.15: Delete: PrePrinted Material for Council Items, 6.16: Delete: City Council Agenda Legislative History Addendum, 6.17: Equal Access to Services, 7.2: City Council Chambers — Use Of Facility, 10.1:

Election Procedures: Candidate's Statement Of Qualifications, 12.16: Cannabis Business Tax Increment Designated For A Children’s Fund, 14.2: Ordinances for Publication, 17.1: Designation Of Public Housing Agency For The City Of Santa Cruz, 17.3: Rental Policy For City-Owned Housing, 30.1: Delete: Redevelopment Agency Business – Use of Local Banks, Firms, and Companies, 30.2: Delete: Redevelopment Agency Meetings – Setting Time NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Santa Cruz hereby adopts the various revised Council Policies.

PASSED AND ADOPTED this 27th day of June, 2023 by the following vote:

AYES:

9.4 RESOLUTION NO. NS-XX,XXX
2 NOES:

ABSENT:

DISQUALIFIED:

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

9.5 Details of Requested Edits to Various Council Policies Policy # Policy Title Reason for Edits

1.1 COUNCIL PROCEDURE ON APPEALS Aligning procedures with Councilmember Handbook2.1 INTERIM USE OF SKYPARK PROPERTY Updating with current process and added clarity5.1 TERMS OF OFFICE, APPOINTMENT, SIMULTANEOUS SERVICE Clarifying edits - no change in procedure

5.3 APPLICATION PROCEDURES - BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES Correction related to internal process for retention of applications

5.4 ATTENDANCE POLICY AND LEAVES OF ABSENCE FOR CITY ADVISORY BODIES Updating language for accuracy

5.5 BOARDS, COMMISSIONS, AND COMMITTEES - SELECTION TO FILL UNEXPIRED TERMS Updating language for accuracy

5.6 DISABLED ACCESS TO MEETINGS/MEETING LOCATIONS — CITY ADVISORY BODIES Updating language for accuracy

5.11 OPEN MEETING REGULATIONS (BROWN ACT) - APPLICATION TO CITY ADVISORY BODIES Updating language for accuracy

5.14 MINUTE PREPARATION AND MEETING ACTION FOLLOW-UP FOR ADVISORY BODY AND CITY COUNCIL COMMITTEE MEETINGS Updating language for accuracy

5.16 COUNCIL REPRESENTATION AT COMMISSION FOR THE PREVENTION OF VIOLENCE AGAINST WOMEN ANNUAL PUBLIC HEARING Updating general language

5.17 ADVISORY BODY MEMBERS’ ETHICS TRAINING REQUIREMENT Updating language for accuracy

5.18 CONFLICTS OF INTEREST – COMPLIANCE WITH STATUTES, REGULATIONS AND RELATED COURT, ATTORNEY GENERAL AND FPPC OPINIONS Updating language for accuracy

6.1 CITY COUNCIL EXPENSES; TRAVEL CONTINGENCY FUND FOR CITY COUNCILMEMBERS; AND BOOKS, PERIODICALS AND EQUIPMENT PURCHASED BY CITY COUNCILMEMBERS Updating language for accuracy

6.2 SPECIAL MEETINGS OF THE CITY COUNCIL Updating language for accuracy

9.6 Details of Requested Edits to Various Council Policies Policy # Policy Title Reason for Edits

6.3 CITY COUNCIL OUTGOING CORRESPONDENCE Updating general language6.5 CITY COUNCIL AGENDA—ORDER OF BUSINESS Aligning procedures with Councilmember Handbook6.6 CITY COUNCIL MEETINGS - ORALCOMMUNICATIONS Aligning procedures with Councilmember Handbook

6.7 LENGTHY REPORTS DISTRIBUTED TO COUNCIL Updating language for accuracy

6.8 INFORMATION ITEMS FOR CITY COUNCIL — PROCEDURE FOR DISTRIBUTION (ITEMS NOT REQUIRING COUNCIL ACTION) Updating with current process and added clarity

6.9 REQUESTS OF STAFF MADE BY COUNCILMEMBERS Updating general language6.10 SEATING OF NEW COUNCILMEMBERS; ELECTION OF MAYOR AND VICE MAYOR — SETTING TIMES Updating language to align with 2022 Charter amendment

6.12 CLOSED SESSIONS Updating legal codes and information6.13 OPEN MEETING REGULATIONS (BROWN ACT) - CITY COUNCIL MEETINGS Updating legal codes and information

6.15 PRE-PRINTED MATERIAL FOR COUNCIL ITEMS Delete Policy - no longer applicable. Materials now get uploaded to website6.16

CITY COUNCIL AGENDA LEGISLATIVE HISTORY ADDENDUM
Delete Policy - no longer needed. Information shared amongsts Department Heads routinely.

6.17 EQUAL ACCESS TO SERVICES Updating date requirement for requests7.2 CITY COUNCIL CHAMBERS — USE OF FACILITY Updating with current process and added clarity10.1 ELECTION PROCEDURES: CANDIDATE'S STATEMENT OF QUALIFICATIONS Updating for clarity - no change in procedure

12.16 CANNABIS BUSINESS TAX INCREMENT DESIGNATED FOR A CHILDREN’S FUND Updating due to passing of Measure A

14.2 ORDINANCES FOR PUBLICATION Updating with current process and added clarity17.1 DESIGNATION OF PUBLIC HOUSING AGENCY FOR THE CITY OF SANTA CRUZ Updating language for accuracy

17.3 RENTAL POLICY FOR CITY-OWNED HOUSING Updating with current process and added clarity and accuracy

30.1 REDEVELOPMENT AGENCY BUSINESS — USE OF LOCAL BANKS, FIRMS AND COMPANIES Delete Policy - Redevelopment Agency is now a County oversight board.

30.2 REDEVELOPMENT AGENCY MEETINGS — SETTING TIME Delete Policy - Redevelopment Agency is now a County oversight board.

9.7 COUNCIL POLICY 1.1
POLICY TITLE: COUNCIL PROCEDURE ON APPEALS
POLICY STATEMENT:

In order to ensure a reasonable and fair hearing to all interested persons, the following rules must be adhered to on appeals to the Council from departmental actions for which appeals are available per the Santa Cruz Municipal Code: appeals pursuant to Chapter 1.16, administrative actions, advisory body actions, appeals pursuant to Chapter 23 (the subdivision ordinance) and appeals pursuant to Chapter 24 (the zoning ordinance) of the Santa Cruz Municipal Code.

1. Record of Proceedings
(a) A record of the original proceedings, containing all documentary evidence and minutes of the oral evidence, will be filed with the Council as a part of its record;
(b) A written staff report outlining the proceedings before the decisionmaking party, and the basis of its decision, will be filed with the Council as a part of its record;

2. Appeal Procedures
(a) Staff will present its report before other evidence is heard by the Council; (b) The appellant, having the burden of proof, will be permitted to present evidence in support of the appeal (Maximum 20 minutes); (c) Opponents or the responding applicant, will present their evidence (Maximum 20 minutes minutes);
(d) The Council will hear from other members of the public; (e) Appellant will be permitted to rebut issues raised by opponents/responding applicant and members of the public, but may not raise new issues in their rebuttal (5 minutes);
(f) The hearing will be closed and the matter will be before the Council for deliberation and action.

3. The Presiding Officer may limit the number of witnesses for the appellant and opponents/responding applicant, or may set a time limit for the presentation of evidence by each side.

4. As a result of the hearing, the Council may reverse or affirm, wholly or partly, or modify, the order, requirements, decision or determination appealed from, and may make such order, requirements, decision, or determination as should be

9.8 2
COUNCIL PROCEDURE ON APPEALS - continued
POLICY NUMBER 1.1
made. The Council may take the matter under submission, and/or refer the application back to the department or advisory body, for the taking of further evidence, or the making of further recommendations before arriving at its decision.

5. The Presiding Officer shall have the power to vary the order of proceedings, or the presentation of proof, or the allotted time, in the interest of justice.

AUTHORIZATION: Council Policy Manual Updated November 17, 1998 Revised October 12, 2010
Revised October 23, 2014
Revised January 27, 2015

9.9 COUNCIL POLICY 2.1

POLICY TITLE INTERIM USE OF SKYPARK PROPERTY
POLICY STATEMENT:

The City of Santa Cruz hereby adopts the following policies to permit certain limited interim uses of the Skypark site (described as Parcels 3, 4 and 5 on the Skypark Final Map recorded April, 1995):
. Interim use of the site shall be governed by the following policies:

1. The site may be made available with approval of the City Manager or his designee, at the request of another governmental agency, to serve broad public purposes of limited frequency and duration.

2. Individual uses shall not exceed five (5) days.

3. A given use shall not be repeated more than annually.

4. If the City of Santa Cruz or Scotts Valley determines that on-site security is necessary, such required security shall be paid for by the party renting the property subject to these guidelines.

5. Such insurance coverage and other measures as the city may require shall be provided by the party renting the property.

6. A minimum rental fee of $200 per day shall be charged.

7. The party renting the property understands that the city intends to develop the property, and that it will not continue to be made available for such uses.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\02-01.doc

9.10 1
COUNCIL POLICY 5.1
POLICY TITLE TERMS OF OFFICE, APPOINTMENT, SIMULTANEOUS SERVICE:

I. Boards, Commissions, Committees
II. Task Forces — Term
POLICY STATEMENT:

I. BOARDS, COMMISSIONS, COMMITTEES (not applicable to task forces*):

1. Members shall not serve simultaneously on more than one board, commission or committee. However, a member may be appointed to an additional advisory body as a representative of the board, commission or committee on which the member serves. A member of a task force or committee with a sunset clause of less than 13 months may also serve on an additional advisory committee. An alternate to any advisory body shall be considered as a full member and cannot simultaneously serve as a full member on any other board, commission or committee.

2. Members shall not serve more than two full consecutive terms on the same advisory body. Generally, the term of office for members of boards, commissions and committees is four years. Those members who have served six years or less at the time their terms expire are eligible for reappointment.

3. After a member's (second full consecutive) term expires, there must be at least a two-year break before that member can be appointed to the same advisory body, unless term limits are otherwise specified in the bylaws.

4. Eligible members of boards, commissions and committees shall be asked if they are interested in being reappointed.

5. Unless specifically exempted (or otherwise specified) by statute, charter, enabling ordinance or resolution, those eligible to serve on city advisory bodies shall be residents of the city, and must meet any requirements specific to the advisory body for which they are seeking appointment. In most cases, appointees are required to be registered voters who reside within the city.

6. Council reserves the right to set aside the conditions listed above when it determines that due to exceptional qualifications or unusual circumstances, the continued presence of any member of an advisory board, commission or committee is of direct and immediate importance to the public interest.

9.11 2

TERMS OF OFFICE, APPOINTMENT, SIMULTANEOUS SERVICE
COUNCIL POLICY 5.1

7. Council reserves the right to remove any member of a board, commission or committee at any time.

NOTE: See policy 5.2 regarding appointment of city employees.

II. TASK FORCES:

1. The term/duration of a task force will be two years unless otherwise specified by the Council.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised – October 10, 2000
Revised – October 14, 2003

9.12 COUNCIL POLICY 5.3
POLICY TITLE APPLICATION PROCEDURES — BOARDS, COMMISSIONS,

COMMITTEES AND TASK FORCES
POLICY STATEMENT:

1. Anyone who wishes to apply for a board, commission, committee or task force must complete an application form.

2. Council has the option to interview all applicants.

3. Applications will be acknowledged by the City Clerk.

4. Applications will be held by Council for two years in the City Clerk's Department; they will be presented to Council should a vacancy occur during that period.

5. Press releases and other forms for advertising as requested by Council will be issued regarding vacancies.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.13 COUNCIL POLICY 5.4

POLICY TITLE ATTENDANCE POLICY AND LEAVES OF ABSENCE FOR CITY

ADVISORY BODIES
POLICY STATEMENT:

This policy pertains to all meetings of advisory bodies.

The Mayor, Councilmembers, and the chairperson of each permanent city advisory body shall receive annual attendance reports prepared in the City Clerk's Department.

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

Members who serve on advisory bodies which are scheduled to meet more than once monthly are allowed six absences per year.

Members who serve on advisory bodies which are scheduled to meet seven to twelve times per year are allowed three absences per year.

Members who serve on advisory bodies which meet six or less times per year are allowed one absence per year.

It is the responsibility of staff of an advisory body to bring serious attendance issues to the attention of the City Clerk prior to reaching the limit, if possible. City Clerk will inform the Mayor of the excessive absences. 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.

Leaves of Absence for City Advisory Body Members
Except under the most unusual circumstances, extended leaves of absence for members of City advisory bodies will not be allowed. Exceptions to this rule may be granted only by City Council.

9.14 AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised September 9, 2003
Revised September 23, 2003
L:\POLICY\REVISED\05-04.DOC

9.15 COUNCIL POLICY 5.5
POLICY TITLE BOARDS, COMMISSIONS, AND COMMITTEES — SELECTION TO

FILL UNEXPIRED TERMS
POLICY STATEMENT:

When more than one unexpired term is being filled at the same time, the person who receives the most votes will be assigned the longer term. If the applicants each receive the same number of votes, term expirations will be determined by a draw by the City Clerk.

When reappointments and vacancies due to unexpired terms are being filled at the same time, reappointees will receive the longer term.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.16 9.17
COUNCIL POLICY 5.6
POLICY TITLE DISABLED ACCESS TO MEETINGS/MEETING LOCATIONS —

CITY ADVISORY BODIES
POLICY STATEMENT:

All meetings of city advisory bodies will be made accessible to disabled persons.

All city advisory bodies shall generally hold their meetings in the Council Chambers or at other accessible city facilities; when space constraints necessitate, they may be held at other public facilities. It is expected that, from time to time, neighborhood meetings will be held at locations other than city facilities.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\05-06.doc

9.18 COUNCIL POLICY 5.11
POLICY TITLE: OPEN MEETING REGULATIONS (BROWN ACT) CITY ADVISORY BODIES
POLICY STATEMENT:

This policy is established to comply with amendments to Government Code § 54950 et seq. (the Ralph M. Brown Act). The law requires local agencies to post an agenda prior to each meeting of the legislative body (and advisory bodies), requires local agencies to provide an opportunity for the public to address the legislative body, generally prohibits the legislative body from acting on items not appearing on the agenda, and authorizes bringing suit to void certain actions taken in violation of the Brown Act. This legislative bill applies to every local legislative body including all advisory bodies and standing subcommittees.

Stated below are procedures to be followed:

1. An agenda for each regular board, commission, committee, task force or standing subcommittee (see Policy 5.12) meeting and each adjourned regular meeting will be posted outside the on the bulletin board outside Council Chambers, in the enclosed bulletin board located on Church Street, and on the City’s websiteat least 72 hours prior to the meeting. The agenda shall be accessible through a prominent, direct link posted on the City’s primary website homepage. A record of the postings will be maintained by the department and it will include a declaration of the time and place of each posting. Notice of any special meeting of an advisory body will be posted at least 24 hours prior to the meeting; such notice will specify the business to be transacted. A record of posting will be maintained as noted above.

2. The agenda will bear a brief general description of each item of business to be transacted or discussed at the meeting. The description will be reasonably calculated to inform the public of the general nature of the subject matter of the item so that the public may seek further information on items of interest.

3. If an advisory body member or staff intends to bring up an item for discussion or action it is to be included on the posted agenda unless the item qualifies as an exception as outlined in a) and b) below. The existing definition of "action taken" which is found in Government Code § 54952.6 will be used in determining the effect of the regulations. In that Government Code Section "action taken" is defined as "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance." Action may be taken on items not appearing on the posted agenda under the following circumstances:

9.19 POLICY 5.11 (continued)
(a) The advisory body makes a determination that "the need to take action" arose after the agenda was posted. This determination requires the affirmative votes of at least two-thirds of the members or a unanimous vote if less than two-thirds of the members are present. If the advisory body is able to make such determination, a motion will be made, seconded, and voted upon and that action, along with a brief explanation of the circumstances, will be included in the minutes of that meeting.

The brief explanation will state the need for action and the reason that the need arose after the agenda was posted. In general, if either the members or staff knew of the need for action before the agenda was posted and it was not included on the agenda for reasons of scheduling convenience or oversight, the members could not properly determine that the need arose after the agenda was posted. (b) The advisory body determines that an emergency situation exists. A motion would be made, seconded, and the vote taken and that action, along with a brief explanation of the emergency, would be included in the minutes of that meeting.

This determination requires the affirmative vote of a majority of the members.

Council-appointed city advisory bodies shall provide an opportunity at some point during each meeting for public oral input on matters of public concern which are not listed on the posted agenda.

As to matters brought up by members of the public during oral communications (if any), any such publicly raised matter may be placed on a specific agenda as appropriate. It is the intent of this section of this policy to defer action on any item brought up by members of the public during oral communications while providing a procedure for responding to the public.

4. The advisory body will allow for public comment on agenda items. At the beginning of each agenda section, the audience will be given an opportunity to indicate the need to comment on any items on that section of the agenda. The advisory body may encourage brevity and set time limits on speakers and indicate such limits on the agenda.

5. The Brown Act authorizes the attendance of non-subcommittee members at subcommittee meetings provided that they attend only as observers.

6. Should an action of an advisory body be challenged on the basis of alleged Brown Act violation, the complaint must make a demand on the city to cure or correct the allegedly improper action. Any action to cure or correct must be filed within 30 days from the date of the action taken. The City Clerk is then responsible for expeditiously notifying the affected department and/or advisory body secretary and the city manager and City Attorney that such claim has been filed.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\05-11.doc

9.20 COUNCIL POLICY 5.14

POLICY TITLE MINUTE PREPARATION AND MEETING ACTION FOLLOW-UP

FOR ADVISORY BODY AND CITY COUNCIL COMMITTEE

MEETINGS
POLICY STATEMENT:

1. For all advisory bodies, action only minutes shall be provided.

2. Action only minutes will be produced for all advisory body meetings in the same format used for City Council meetings.

3. Proceedings for all advisory body meetings and advisory bodies shall be digitally recorded. The recordings shall be made available on the City’s website for at least one year.

4. All resolutions and recommendations adopted by advisory bodies and addressed to the City Council shall be delivered to the Mayor as soon as possible, and at least by the next agenda review meeting. If the action requests Council action, the item will be placed on a future City Council agenda, or a reply will be sent back to the advisory body with an appropriate response at the discretion of the Mayor, with a copy to the Mayor and Councilmembers.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised March 27, 2001
Revised September 9, 2003
Revised May 11, 2010
Revised September 14, 2010

9.21 COUNCIL POLICY 5.16

POLICY TITLE COUNCIL REPRESENTATION AT COMMISSION FOR THE

PREVENTION OF VIOLENCE AGAINST WOMEN ANNUAL PUBLIC

HEARING
POLICY STATEMENT:

The Commission for the Prevention of Violence Against Women (CPVAW) was established by Ordinance 81-29 which states “it shall be the policy of the City of Santa Cruz that the prevention of rape and domestic violence shall be one of its highest priorities.” Each year the CPVAW holds a public hearing to invite the public to communicate needs and issues.

The Mayor, or Mayor’s designee shall attend each annual public hearing.

AUTHORIZATION: Created by Motion 6/28/05

9.22 COUNCIL POLICY 5.17
POLICY TITLE: ADVISORY BODY MEMBERS’ ETHICS TRAINING REQUIREMENT POLICY STATEMENT:

1. Government Code Section 53235 provides that if a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then all legislative officials of that local agency must receive training in general ethics principles and ethics laws relevant to public service every two years. The term “legislative body” includes the governing body of the local agency and any commission, committee, board, or other body of a local agency created by charter, ordinance, resolution, or formal action of a legislative body.

2. Council Policy 5.13 authorizes reimbursement to advisory body members for actual expenses for official travel; therefore, all advisory body members must receive ethics training pursuant to Government Code Section 53235.

3. Options for receiving ethics training include attending City workshops when offered by the City Attorney, or completing an on-line, cost-free training program offered by the Fair Political Practices Commission, available at the Fair Political Practices Commission website. At the end of the training, the advisory board member must provide the City Clerk Administrator with the signed certification of completion and obtain and keep in his or her records a copy.

4. Advisory body members shall complete required ethics training at the intervals prescribed by Government Code Section 53235. The City Clerk Administrator shall notify advisory body members when they are scheduled to complete the required ethics training. Any failure to complete training in accordance with the City Clerk Administrator’s notice shall be reported to the City Council and the failure shall constitute grounds for removal from the member’s advisory body.

AUTHORIZATION: Resolution NS-28,810 adopted 7/8/14

9.23 COUNCIL POLICY 5.18
POLICY TITLE: CONFLICTS OF INTEREST – COMPLIANCE WITH STATUTES,

REGULATIONS AND RELATED COURT, ATTORNEY GENERAL AND FPPC OPINIONS POLICY STATEMENT:

1. The California Political Reform Act (Government Code Sections 81000 et seq), the California Fair Political Practices Commission implementing the Political Reform Act (California Code of Regulations, Title 2, Division 6, Sections 18109-18997), Government Code Sections 1090 et seq, and the City of Santa Cruz Conflict of Interest Code all set forth conflict of interest statutes and regulations which are variously binding upon the Mayor, councilmembers, city advisory board members, city officials and city employees.

These statutes and regulations are intended to discourage and prohibit actual or perceived self-dealing on the part of councilmembers, advisory board members, officials and employees with respect to matters such as contracting, business, financial interests, real estate, expenditure of public funds and resources, bribes, the acceptance of gifts and other items and services of value, sources of income, and nepotism in the form of favoritism to family members. In addition to legislatively promulgated statutes and administratively promulgated regulations, California courts, the Fair Political Practices Commission, and the California Attorney General all issue written opinions pertaining to the proper interpretation, application and enforcement of these statutes and regulations.

Councilmembers, advisory board members, officials and employees are subject to criminal and civil sanctions, both monetary and non-monetary, for failure to comply with these statutes and regulations. The California Attorney General, the Fair Political Practices Commission, district attorneys and city attorneys, depending upon the statute or regulation in question, are legally responsible for enforcing these statutes and regulations.

2. The City Council hereby affirms its conviction that the above-referenced conflict of interest statutes and regulations serve a valid and compelling public interest and for this reason should be meticulously learned, understood, observed and obeyed by the Council, advisory board members, officials and employees to whom they apply. Specifically the City Council strongly endorses the following public policies which are advanced by strict adherence to these statutes and regulations:
 State and local government should serve the needs and respond to the wishes of all citizens equally, without regard to their wealth, personal relationships, political affiliations or status.
 Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from actual or perceived bias caused by their own financial

9.24 interests or the financial interests of persons who have supported them, or other persons with whom they are personally, professionally or politically associated.  Receipts and expenditures in election campaigns should be fully and truthfully disclosed in order that the voters may be fully informed and improper practices may be inhibited.
 Assets and income of councilmembers, advisory board members, officials and employees which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that actual or perceived conflicts of interest may be avoided.

3. City Councilmembers, advisory board members, officials and employees of the City of Santa Cruz shall all be responsible for learning, understanding, observing and obeying the conflict of interest statutes and regulations referenced in this policy, as interpreted and applied in opinions issued by the courts, the Attorney General and the Fair Political Practices Commission, to the extent that those statutes and regulations apply to those councilmembers, advisory board members, official and employees.

4. Minimum compliance with this policy requires those individuals subject to the Government Code Section 53235 (AB1234) ethics training requirements to complete that training in accordance with, and at the intervals prescribed by, Section 53235. Individuals who are not subject to Section 53235 shall be deemed to have complied with this policy when they receive ethics training from any public agency professional organizations, such as the League of California Cities through its various departments, in which those individuals are members.

5. Councilmembers, advisory board members, officials and employees who are uncertain whether or how a conflict of interest statute or regulation may apply to them in a given set of circumstances should confer with the City Attorney (or their supervisor) before proceeding. Any advice from the City Attorney is provided at no cost to the advisory board member.

6. Lack of familiarity with, or failure to understand, a conflict of interest statute or regulation shall not constitute an excuse for failure to comply with that statute or regulation.

7. Personal disagreement with a conflict of interest statute or regulation, or any opinion construing such a statute or regulation, shall not constitute a basis for non-compliance with that statute or regulation, nor shall personal disagreement excuse non-compliance with that statute or regulation.

8. An advisory board member’s willful failure to comply with this policy or a conflict of interest statute or regulation referenced in this policy shall constitute grounds for removal

9.25 from the member’s advisory body and for reporting that member to the appropriate enforcement agency.

AUTHORIZATION: Resolution NS-28,810 adopted 7/8/14

9.26 COUNCIL POLICY 6.1

POLICY TITLE CITY COUNCIL EXPENSES, TRAVEL CONTINGENCY FUND FOR

MAYOR AND/OR CITY COUNCILMEMBERS, AND BOOKS,

PERIODICALS, AND EQUIPMENT PURCHASED BY MAYOR

AND/OR CITY COUNCILMEMBERS
POLICY STATEMENT:

Expenses
The Mayor and/or Councilmembers shall be reimbursed for actual and reasonable expenses incurred in the performance of official duties up to the amount allocated by Council in the budget for each fiscal year. These expenses may be incurred for travel for out-of-town meetings and conferences, local civic and governmental activities and miscellaneous or officeholder expenses, including expenses for local City purposes, as determined by the Mayor and/or individual Councilmembers.

The Finance Department will reimburse the Mayor/Councilmembers for expenses upon receipt of a claim form. The Mayor/Councilmembers may also request a cash advance. A claim form must also be submitted to substantiate such expenses within 30 days of the expense, or the money must be returned.

Travel\Conference Expenses
A travel\conference contingency fund, approved by the Council in each budget, will cover necessary expenses for the Mayor/City Councilmembers in the following instances:

1. The Mayor/Councilmember has exceeded the individual authorized spending limit and would like to attend a meeting or conference which would benefit the city. This requires Council approval.

2. Council specifically requests that the Mayor and/or a Councilmember attend an out-oftown meeting or conference as a representative of the City Council.

Book, Periodicals and Other Equipment
Any portion of each member of the Councils yearly allocation may be used to purchase books, periodicals and equipment.

Capital outlay of any substantial value will be returned to the Council office.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 REVISED: June 29, 1999 Budget Hearings
REVISED: Motion January 10, 2006

9.27 9.28
COUNCIL POLICY 6.2
POLICY TITLE: SPECIAL MEETINGS OF THE CITY COUNCIL
POLICY STATEMENT: Procedures and assigned responsibilities for the preparation and conduct of special meetings1 (also referred to as study sessions2 ) shall be as described below:

1. The Mayor shall be the presiding officer and shall conduct the meeting. When a Council Committee is holding a public hearing, the meeting may be turned over to the chair of that committee for the conduct of the hearing, however, the mayor will resume his/her role as presiding officer for purposes of council deliberation and action, and adjournment.

2. The Council will deliberate and take all action(s), including staff direction, at the end of the meeting to facilitate action minute or note taking by department staff and/or Clerk.

3. Special meetings require 24-hour notice per the Brown Act, however, every effort will be made to provide the standard 72-hour notice.

4. Special meetings do not require Oral Communications, however, the following language must appear at the bottom of the agenda: The public has the right to address the City Council (or advisory body) on the item(s) appearing on this agenda.

5. The meetings shall be recorded where practical.

6. Written materials will be provided to Council no later than 72 hours preceding the meeting.

7. The Clerk will attend special meetings.

8. The City Attorney will attend special meetings at the Mayor's or Council's request.

When a special meeting is set by Council, the Clerk will be responsible for the following:

1. Legal advertising required by Government or other Code for public hearings. (The Brown Act does not require noticing of a regular or special meeting beyond posting of the agenda.)

2. Recording of special meeting where practical and taking minutes of any actions taken at the meeting where appropriate.
1 The Brown Act recognizes special meetings of a legislative body (Council or any advisory body) as a meeting which is held on any day other than the regular meeting day or days of the body set by resolution or by-laws, e.g. the second and fourth Tuesday of each month, as in the case of the Council. 2 A study session is a special meeting for purposes of the Brown Act, however it is one at which the Council receives information and materials on a specific subject matter but anticipates taking no formal actions with the exception of requesting additional information.

9.29 Council Policy 6.2 – continued

3. Posting Notice of Adjournment (at the meeting site) within 24 hours of adjournment.

4. Filing of minutes or notes after distribution to the Council.

9.30 AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.31 COUNCIL POLICY 6.3

POLICY TITLE CITY COUNCIL OUTGOING CORRESPONDENCE
POLICY STATEMENT:

1. Copies of all letters written by the Mayor/Councilmembers in their official capacity shall be kept on file for public information in the Council office according to the records retention schedule for the current year and one full year prior to the current year.

2. Care should be taken when using official stationery to indicate that the point of view expressed by the Mayor or an individual Councilmember is not necessarily that of the Council, unless the position reflects an official Council action.

9.32 AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.33 COUNCIL POLICY 6.5

POLICY TITLE CITY COUNCIL AGENDA-ORDER OF BUSINESS
POLICY STATEMENT:

The business of Council shall generally be disposed of in the following order:

AFTERNOON SESSION (start time determined by Mayor)
Call to Order
Roll Call
Administrative Business (Presentations; Presiding Officer’s Announcements; Statements of Disqualification; Additions and Deletions; City Attorney Report on Closed Session;) Review Council Meeting Calendar
Consent Agenda
Council Business (Consent Public Hearings, Public Hearings and General Business) Oral Communications Announcement
Oral Communications (if no Evening Session is scheduled) Adjournment (if no Evening Session is scheduled)
Recess to Evening Session (if scheduled)
EVENING SESSION (start time determined by Mayor)
Call to Order
Roll Call
Oral Communications Announcement
Oral Communications
Administrative Business (Presentations)
Council Business (Public Hearings and General Business) Adjournment
Whenever necessary to expedite the business of the meeting or to accommodate members of the public, the presiding officer may alter the order of business (reference: Councilmember's Handbook).

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by Resolution No. NS-29,245 on May 23, 2017

9.34 COUNCIL POLICY 6.6
POLICY TITLE CITY COUNCIL MEETINGS — ORAL COMMUNICATIONS POLICY STATEMENT:

In accordance with the Brown Act, every agenda for the 2nd and 4th Tuesday regular meetings of the Council will provide the public an opportunity to address the Council on matters not on the agenda but within the City Council’s subject matter jurisdiction. This period will be known as Oral Communications and will be governed as follows:

1. Oral Communications will be held at the end of the afternoon session, if there is no evening session. If there is an evening session, Oral Communications will be heard first, followed by Council business.

2. Thirty (30) minutes* will be allocated for oral communications.

3. No individual will be allowed to speak for more than three minutes*.

4. No individual may speak more than once during the oral communication period.

5. All speakers must address the entire Council and will not be permitted to engage in dialogue.

6. In the interest of civil discourse, the same rules specified in the Council Rules of Procedure (Decorum) and principles for Rules of Debate shall apply for this section as well, and are hereby incorporated by reference. It shall be the responsibility of the presiding officer to ensure that Oral Communications are conducted in such a manner that avoids disruptive activity, promotes mutual respect, keeps comments focused on issues, and avoids personal attack.
* Time limits may be increased or decreased at the Mayor's discretion, though no requests for extra time made by groups will be approved.

AUTHORIZATION:Council Policy Manual Update of November 17, 1998 Revised by Resolution No. NS-29,246 on May 23, 2017
Revised by Resolution No. NS-29,388 on April 24, 2018
Revised by Resolution No. NS-29,478 on January 8, 2019
Revised by Resolution No. NS-29,926 on February 8, 2022 Commented [BB1]: This has never been done and seems
difficult to track.

9.35 POLICY NUMBER 6.7

POLICY TITLE LENGTHY REPORTS DISTRIBUTED TO COUNCIL
POLICY STATEMENT:

Supporting agenda material which is too lengthy to be included in the Council agenda packet is to be identified by the City Clerk and placed in the Council office for review on the Friday prior to the meeting.

Lengthy reports, such as EIRs, which are part of the background materials for agenda items are to be placed in Council boxes as soon as the reports are ready, rather than held for distribution with the agenda packets. Councilmembers will be notified when such reports have been placed in the Council boxes in advance.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.36 COUNCIL POLICY 6.8
POLICY TITLE INFORMATION ITEMS FOR CITY COUNCIL (FYIs)— PROCEDURE

FOR DISTRIBUTION (ITEMS NOT REQUIRING COUNCIL ACTION)
POLICY STATEMENT:

1. All information items (FYIs) are submitted to the Assistant City Manager.

2. All information items shall be provided to the City Clerk to include on agendas and in agenda packets, however, the items will not be considered as agenda items and are not acted on.

3. Copies of information items are available to the public upon request to the City Clerk.

4. If the Mayor or a Councilmember feels that further Council action is necessary on the specific information item, the request may be brought to the Department Head or City Manager place the item be placed on the next regular City Council agenda.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.37 COUNCIL POLICY 6.9
POLICY TITLE: REQUESTS OF STAFF MADE BY THE MAYOR AND/OR

COUNCILMEMBERS
POLICY STATEMENT:

Requests of staff made by the Mayor and/or individual Councilmembers will require authorization by Council only if the assignment is expected to take more than one day of staff time (one day-one person).

Staff members are encouraged to raise concerns or explain time factors regarding any requests.

Requests should be made directly to the City Manager, Assistant City Manager, or Department Heads.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by motion – January 14, 2020
Revised by motion – February 11, 2020 (reverted back to November 17, 1998 version)

9.38 9.39
COUNCIL POLICY 6.10
POLICY TITLE SEATING OF NEW COUNCILMEMBERS AND MAYOR; ELECTION OF VICE MAYOR — SETTING TIMES
POLICY STATEMENT:

Pursuant to Section 704 of the City Charter, the Council shall convene to declare the results of any municipal election and install the newly elected officers.

Section 601 of the City Charter provides that Councilmembers and the Mayor shall serve a term of four years. They shall serve until their successors have been elected and sworn in; therefore the whole current council will convene as usual at its afternoon session on that day to consider routine business matters, if necessary.

Section 604 of the City Charter states that the City Council will elect a Vice Mayor from among the Councilmembers at the second meeting in November in each non-election year, and at the second regularly scheduled evening meeting after the general municipal election in each election year. The Vice Mayor shall serve until their successor has been elected by the Council.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.40 COUNCIL POLICY 6.12
POLICY TITLE: CLOSED SESSIONS
POLICY STATEMENT:

The Brown Act at Government Code Sections 54956.7-54957.6 authorizes closed sessions for specifically enumerated topics including labor negotiations, litigation, property negotiations and personnel matters. In generally explaining the closed session exceptions to the Brown Act’s general “open meeting” rule, the California Supreme Court has acknowledged that “the public need for access to information must be balanced against the public’s right to the efficient administration of public bodies.” Regents of University of California v. Superior Court, 20 Cal.4th 509, 542 (1999). Thus, “[m]ost sunshine laws explicitly recognize that ‘the administrative process cannot be conducted entirely in the public eye.’” Id. In the Court’s words: “The ringing rhetoric of the open meeting acts jibes poorly with political reality. Taken to its logical extreme, openness may actually diminish the number and quality of public exchanges, increase divisiveness, and limit the flow of relevant information and the depth of critical collective scrutiny.” Id. at 544.

Section 54963(a), adopted by the State legislature in 2002, prohibits a person from disclosing “confidential information that has been acquired by being present in a closed session authorized by [the Brown Act] to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” The Brown Act defines “confidential information” in this context as “a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter.” Gov. Code § 54963(b).

The Act permits addressing violations of the rule against disclosure of confidential information “by the use of such remedies as are currently available by law, including, but not limited to:
(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.
(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section.
(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury.” Gov. Code § 54963(c).

CLOSED SESSION REQUIREMENTS:

1. Closed sessions items shall be agendized and publicly reported upon in accordance with all the applicable provisions of the Brown Act.

2. If staff or Councilmembers wish to discuss a matter in a closed session, they should notify the City Attorney’s office as soon as possible, but preferably no later than 96 hours (4 days) before the scheduled closed session.

9.41 3. If feasible, the City Attorney will prepare a confidential memo to the Council prior to the closed session setting forth the information required by the Brown Act.

4. Amicus Curiae items will be placed on the closed session agenda, and the City Attorney shall report out any formal action on the item in open session.

5. No City Councilmember, City official, or City employee shall disclose any information provided or discussed in closed session or any direction given in closed session unless directed or permitted to do so by a majority of the City Councilmembers present at the closed session. Upon election to the City Council, a Councilmember shall in writing acknowledge that she or he understands this provision of state law and City Council policy and agrees to comply.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by motion: October 23, 2007

9.42 COUNCIL POLICY 6.13
POLICY TITLE: OPEN MEETING REGULATIONS (BROWN ACT) - CITY COUNCIL

MEETINGS
POLICY STATEMENT:

This policy is established to comply with the Brown Act. The law requires local agencies to post an agenda prior to each meeting of the legislative body, requires local agencies to provide an opportunity for the public to address the legislative body, generally prohibits the legislative body from acting on items not appearing on the agenda, and authorizes bringing suit to void certain actions taken in violation of the Brown Act. This legislative bill applies to every local legislative body including all city advisory bodies.

Stated below are procedures to be followed:

1. An agenda for each regular City Council Meeting and each adjourned regular City Council Meeting will be posted on the bulletin board outside the Council Chambers, in the enclosed bulletin board located on Church Street, and on the City’s website at least 72 hours prior to the meeting. The agenda shall be accessible through a prominent, direct link posted on the City’s primary website homepage. A record of the posting will be maintained by the City Clerk and it will include a declaration of the time and place of posting. Notice of any special meeting of the City Council will be posted at least 24 hours prior to the meeting; such notice will specify the business to be transacted. A record of posting will be maintained as noted above.

2. The agenda will bear a brief general description of each item of business to be transacted or discussed at the meeting. The description will be reasonably calculated to inform the public of the general nature of the subject matter of the item so that the public may seek further information on items of interest. The description will focus on the substance on the matter rather than the contemplated action.

3. If Council or staff intends to bring up an item for discussion or action, it is to be included on the posted agenda unless the item qualifies under a Brown Act exception; the current exceptions are outlined below. Action may be taken1 on items not appearing on the posted agenda under the circumstances listed below.
(a) Council makes a determination that "the need to take action" arose after the agenda was posted. This determination requires the affirmative votes of at least two-thirds of the Council or a unanimous vote if less than two-thirds of the Councilmembers are 1 Government Code Section 54952.6 defines "action taken" as "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance."

9.43 present. Gov. Code § (b)(2). If Council is able to make such determination, a motion will be made, seconded, and voted upon and that action, along with a brief explanation of the circumstances, will be included in the minutes of that meeting. The brief explanation will state the need for action and the reason that the need arose after the agenda was posted. In general, if either the Council or staff knew of the need for action before the agenda was posted and it was not included on the agenda for reasons of scheduling convenience or oversight, the Council could not properly determine that the need arose after the agenda was posted.
(b) Council determines that an emergency situation exists as defined in Government Code Section 54956.5 (work stoppage or other activity which severely impairs public health, safety or both; or a crippling disaster). Gov. Code § 54954.2(b)(1). A motion would be made, seconded, and the vote taken and that action, along with a brief explanation of the emergency, would be included in the minutes of that meeting. This determination requires the affirmative vote of a majority of the Councilmembers. (c) The item was on a properly noticed agenda of a prior Council meeting “occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.” Gov. Code § 54954.2(b)(3).
(d) “To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body.” Gov Code § 54954.2(b)(4).

Council shall provide an opportunity at some point during each regular meeting for public oral input on matters of public concern which are not listed on the posted agenda. (See Policy No. 6.6) As to matters brought up by members of the public during oral communications, the Mayor is empowered to refer any such publicly raised matter to staff or to direct that it be placed on a specific Council agenda as appropriate. It is the intent of this section of this policy to defer action on any item brought up by members of the public during oral communications while providing a procedure for responding to the public.

4. The Brown Act provides for the right of the public to testify at meetings. At the beginning of each agenda section, the audience will be given the opportunity to indicate the need to comment on any items on that section of the agenda. Brevity will be encouraged, and time limits will be stated on the agenda and may be increased or decreased at the Mayor's discretion. Agendas for special meetings shall include a statement describing the public’s rights to address the Council on any item listed on the agenda for that special meeting.

VIOLATIONS OF THE ACT: The Brown Act provides for civil remedies and criminal penalties , and actions taken in violation of the Brown Act may be declared null and void.

9.44 AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.45 COUNCIL POLICY 6.17

POLICY TITLE EQUAL ACCESS TO SERVICES
POLICY STATEMENT:

The City Council wishes to establish a form of government that is truly inclusive of all its residents. It finds and determines that the public safety, health, convenience, comfort, property, and general welfare will be furthered by the provisions which establish guidelines for access to City programs and services by residents who are not fluent in English.

As of November 2002, the population needing such services is the Spanish-speaking population.

The City Council desires to utilize sufficient bilingual employees in public contact positions, and departments are requested to provide information and services to the public in each language spoken by the substantial number of limited English speaking persons group(s).

Departments are requested to hire a sufficient number of bilingual employees, whenever feasible.

The City Manager is requested to provide for translation services, for the purpose of translating written materials for City departments and providing translations for public meetings, as needed and as feasible.

The City Council desires to provide oral interpretation of any public meeting or hearing held by a City commission or department, and this service shall be provided if a request is made at least 5 days in advance of the meeting or hearing in question.

The City Council desires that all recorded telephonic messages from departments shall be in each language.

The City Council desires that, for every public contact position for which bilingual capacity is necessary, the job shall be advertised as a bilingual position for which bilingual conversational proficiency will be a job requirement.

AUTHORIZATION: Motion – November 12, 2002

9.46 COUNCIL POLICY 7.2
POLICY TITLE CITY COUNCIL CHAMBERS — USE OF FACILITY
POLICY STATEMENT:

The Council Chambers are available weekdays and weekends without charge for public meetings or hearings sponsored by city, county, state or federal agencies or officials. Council Chambers will be available on weekends to outside non-governmental organizations as outlined below.

This meeting space is not available on any Tuesday of the month or on recognized City holidays.

The following priorities have been established for reserving this facility. Priority is to be given in this order:

A. City Council
B. City departments or city-appointed advisory bodies
C. Other city, county, state, or federal agencies or officials D. For 90 days prior to any municipal election, the Chambers may be made available to any recognized civic or political organization for the purpose of conducting candidate forums, provided that all candidates are invited to participate equally, and that the forum is structured in a question and answer format in which all candidates have the opportunity to address each issue presented.

PROHIBITED USE – No individual, organization or agency shall be permitted to use the City Council Chambers in either a paid or non-paid status, for the purpose of supporting or opposing any measure or candidate which may appear or has appeared on any election ballot.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised September 12, 2000
Revised April 24, 2001

9.47 COUNCIL POLICY 10.1
POLICY TITLE ELECTION PROCEDURES: CANDIDATE'S STATEMENT OF

QUALIFICATIONS
POLICY STATEMENT:

1. The cost of printing and handling a candidate's statement of qualifications will be charged to the candidate except where a candidate is found to be indigent according to California Elections Code Section 13309. City Council Resolution No. NS-22,895 defines an indigent person as either a person whose income is 125% or less of the current poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, or a disabled person whose income after meeting medical and other disability-related special expenses is 125% or less of those current poverty guidelines. Qualifications as an indigent person, however, does not relieve the candidate of the obligation to pay the candidate statement cost with the first amount of funds raised or by no later than December 31 of the election year.

2. The City Clerk Administrator will arrange for the Spanish translation of any candidate's statement of qualifications upon request. Those candidates who wish to have their Candidate’s Statement of Qualifications translated into Spanish shall pay for the additional printing and handling costs. Upon request the City will pay the costs of printing the Spanish translation for candidates who have been declared indigent, however, the City is not prohibited from billing the candidate for the actual cost, after the election..

3. The statement of qualifications shall not exceed 200 words.

4. Candidates are not permitted to submit additional materials to the voters with the sample ballot.

5. The City Clerk Administrator will give a copy of Resolution No. NS-22,845 related to candidate statements to each candidate or representative at the time nomination papers are taken out.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by resolution – June 14, 2016

9.48 COUNCIL POLICY 12.16
POLICY TITLE: CANNABIS BUSINESS TAX INCREMENT DESIGNATED FOR A CHILDREN’S FUND
POLICY STATEMENT:

It is the policy of the City Council that 20% of the City of Santa Cruz’s Cannabis Business Tax revenue be designated for the creation and funding of a dedicated Children’s Fund. This Children’s Fund will support enhancement and expansion of evidenced- based programs to prioritize access to early childhood development, prevention, and vulnerable youth programs, without supplanting existing City of Santa Cruz services or investments.

The available funding will be calculated based on the prior year’s audited financial statements.

The specific allocation of funds will be determined by the City Council on an annual basis as part of the budget process. Pursuant to Measure A, the City Council shall appoint a Children’s Fund Oversight Committee to make recommendations on the use of future Children’s Fund revenues. The City Council shall designate representatives consistent with Measure A, which may include, but not limited to, representatives of the following:
 Parks & Recreation Commission
 The Santa Cruz City School District
 First Five Santa Cruz
 Youth Organizations
 The City Council

9.49 AUTHORIZATION: Adopted by Resolution No. NS-29,323 November 14, 2017 Updated by Resolution No. NS-29,509, April 23, 2019

9.50 COUNCIL POLICY 14.2

POLICY TITLE ORDINANCES FOR PUBLICATION
POLICY STATEMENT:

When an Ordinance is passed for publication*, the City Council authorizes the City Clerk to post the Ordinance in three (3) public places and publish only the title and a brief description of the proposed Ordinance in a newspaper of general circulation. The three public places where Ordinances are posted are the bulletin board outside of the City Council Office at City Hall, the Santa Cruz Library-Central Branch, and on the city’s website.

This policy complies with Section 613 of the City Charter. *The exception to this policy is when an emergency ordinance is adopted by Council. The City Clerk shall publish the full ordinance at least once within fifteen (15) days after adoption.

AUTHORIZATION: Updated November 25, 2008

9.51 COUNCIL POLICY 17.1

POLICY TITLE DESIGNATION OF PUBLIC HOUSING AGENCY FOR THE CITY OF

SANTA CRUZ
POLICY STATEMENT:

The Housing Authority of the County of Santa Cruz is designated as the Public Housing Agency of the City of Santa Cruz, and will act as the City's agent in administering the Housing Choice Voucher Subsidy Program. The duties of the Public Housing Agency include preparation and submission of grant applications, dissemination of information on housing assistance, determination of eligibility of participants, and general administration of the Federal program at the local level.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.52 COUNCIL POLICY 17.3

POLICY TITLE RENTAL POLICY FOR CITY-OWNED HOUSING
POLICY STATEMENT:

For City-owned affordable housing units, City shall follow the rental policies and procedures outlined in the most recent “Implementation Practice Guidelines for the City of Santa Cruz Affordable Housing Program" unless other policies and procedures are outlined in the Affordable Housing Development Agreement recorded against the property.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.53 9.54
COUNCIL POLICY 1.1
POLICY TITLE: COUNCIL PROCEDURE ON APPEALS
POLICY STATEMENT:

In order to ensure a reasonable and fair hearing to all interested persons, the following rules must be adhered to on appeals to the Council from departmental actions for which appeals are available per the Santa Cruz Municipal Code: appeals pursuant to Chapter 1.16, administrative actions, advisory body actions, appeals pursuant to Chapter 23 (the subdivision ordinance) and appeals pursuant to Chapter 24 (the zoning ordinance) of the Santa Cruz Municipal Code.

1. Record of Proceedings
(a) A record of the original proceedings, containing all documentary evidence and minutes of the oral evidence, will be filed with the Council as a part of its record;
(b) A written staff report outlining the proceedings before the decisionmaking party, and the basis of its decision, will be filed with the Council as a part of its record;

2. Appeal Procedures
(a) Staff will present its report before other evidence is heard by the Council; (b) The appellant, having the burden of proof, will be permitted to present evidence in support of the appeal (Maximum 2015 minutes); (c) Opponents or the responding applicant, will present their evidence (Maximum 20 minutes15 minutes);
(d) The Council will hear from other members of the public(up to 2 minutes per speaker);
(e) Appellant will be permitted to rebut issues raised by opponents/responding applicant and members of the public, but may not raise new issues in their rebuttal (5 minutes);
(f) The hearing will be closed and the matter will be before the Council for deliberation and action.

3. The Presiding Officer may limit the number of witnesses for the appellant and opponents/responding applicant, or may set a time limit for the presentation of evidence by each side.

4. As a result of the hearing, the Council may reverse or affirm, wholly or partly, or modify, the order, requirements, decision or determination appealed from, and may make such order, requirements, decision, or determination as should be

9.55 2
COUNCIL PROCEDURE ON APPEALS - continued
POLICY NUMBER 1.1
made. The Council may take the matter under submission, and/or refer the application back to the department or advisory body, for the taking of further evidence, or the making of further recommendations before arriving at its decision.

5. The Presiding Officer shall have the power to vary the order of proceedings, or the presentation of proof, or the allotted time, in the interest of justice.

AUTHORIZATION: Council Policy Manual Updated November 17, 1998 Revised October 12, 2010
Revised October 23, 2014
Revised January 27, 2015

9.56 COUNCIL POLICY 2.1

POLICY TITLE INTERIM USE OF SKYPARK PROPERTY
POLICY STATEMENT:

The City of Santa Cruz hereby adopts the following policies to permit certain limited interim uses of the Skypark site (described as Parcels 3, 4 and 5 on the Skypark Final Map recorded April, 1995):

The site is subject to a development agreement dated April, 1995, by and between city of Scotts Valley and Santa Cruz. Development and/or sale of the site shall be governed by said agreement or as said agreement is modified with mutual consent of Scotts Valley and Santa Cruz.

Interim use of the site shall be governed by the following policies:

1. The site may be made available with approval of the Santa Cruz City CouncilManager or his designee, at the request of another governmental agency and with the concurrence of the city of Scotts Valley, to serve broad public purposes of limited frequency and duration.

2. Individual uses shall not exceed five (5) days.

3. A given use shall not be repeated more than annually.

4. Uses shall be limited to daylight hours.

5.4. If either the City of Santa Cruz or Scotts Valley determines that on-site security is necessary, such required security shall be paid for by the party renting the property subject to these guidelines.

6.5. Such insurance coverage and other measures as the city may require shall be provided by the party renting the property.

7.6. A minimum rental fee of $1200 per day shall be charged.

8.7. The party renting the property understands that the city intends to develop the property, and that it will not continue to be made available for such uses.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\02-01.doc

9.57 1
COUNCIL POLICY 5.1
POLICY TITLE TERMS OF OFFICE, APPOINTMENT, SIMULTANEOUS SERVICE:

I. Boards, Commissions, Committees
II. Task Forces — Term
POLICY STATEMENT:

I. BOARDS, COMMISSIONS, COMMITTEES (not applicable to task forces*):

1. Members shall not serve simultaneously on more than one board, commission or committee. However, a member may be appointed to an additional advisory body as a representative of the board, commission or committee on which the member serves. A member of a task force or committee with a sunset clause of less than 13 months may also serve on an additional advisory committee. An alternate to any advisory body shall be considered as a full member and cannot simultaneously serve as a full member on any other board, commission or committee.

2. Members shall not serve more than two full consecutive terms on the same advisory body. Generally, the term of office for members of boards, commissions and committees is four years. Those members who have served six years or less at the time their terms expire are eligible for reappointment.

3. After a member's (second full consecutive) term expires, there must be at least a two-year break before that member can be appointed to the same advisory body, unless term limits are otherwise specified in the bylaws.

4. Eligible members of boards, commissions and committees shall be asked if they are interested in being reappointed.

5. Unless specifically exempted (or otherwise specified) by statute, charter, enabling ordinance or resolution, those eligible to serve on city advisory bodies shall be residents of the city, and must meet any requirements specific to the advisory body for which they are seeking appointment. In most cases, appointees are required to be registered voters who reside within the city.

6. Council reserves the right to set aside the conditions listed above when it determines that due to exceptional qualifications or unusual circumstances, the continued presence of any member of an advisory board, commission or committee is of direct and immediate importance to the public interest.

9.58 2

TERMS OF OFFICE, APPOINTMENT, SIMULTANEOUS SERVICE
COUNCIL POLICY 5.1

7. Council reserves the right to remove any member of a board, commission or committee at any time.

NOTE: See policy 5.2 regarding appointment of city employees.

II. TASK FORCES:

1. The term/duration of a task force will be two years unless otherwise specified by the Council.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised – October 10, 2000
Revised – October 14, 2003
p/ccad:\policy\ \05-01.doc

9.59 COUNCIL POLICY 5.3
POLICY TITLE APPLICATION PROCEDURES — BOARDS, COMMISSIONS,

COMMITTEES AND TASK FORCES
POLICY STATEMENT:

1. Anyone who wishes to apply for a board, commission, committee or task force must complete an application form.

2. Council has the option to interview all applicants.

3. Applications will be acknowledged by the City Clerk.

4. Applications will be held by Council for onetwo years in the City Clerk's Department; they will be presented to Council should a vacancy occur during that period.

5. Press releases and other forms for advertising as requested by Council will be issued regarding vacancies.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\05-03.doc

9.60 COUNCIL POLICY 5.4

POLICY TITLE ATTENDANCE POLICY AND LEAVES OF ABSENCE FOR CITY

ADVISORY BODIES
POLICY STATEMENT:

This policy pertains to all meetings of advisory bodies.

The Mayor, Councilmembers, and the chairperson of each permanent city advisory body shall receive annual attendance reports prepared in the City Clerk's Department.

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

Members who serve on advisory bodies which are scheduled to meet more than once monthly are allowed six absences per year.

Members who serve on advisory bodies which are scheduled to meet seven to twelve times per year are allowed three absences per year.

Members who serve on advisory bodies which meet six or less times per year are allowed one absence per year.

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. City Clerk will inform the Mayor of the excessive absences. 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.

Leaves of Absence for City Advisory Body Members
Except under the most unusual circumstances, extended leaves of absence for members of City advisory bodies will not be allowed. Exceptions to this rule may be granted only by City Council.

9.61 AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised September 9, 2003
Revised September 23, 2003
L:\POLICY\REVISED\05-04.DOC

9.62 COUNCIL POLICY 5.5
POLICY TITLE BOARDS, COMMISSIONS, AND COMMITTEES — SELECTION TO

FILL UNEXPIRED TERMS
POLICY STATEMENT:

When more than one unexpired term is being filled at the same time, the person who receives the most votes will be assigned the longer term. If the applicants each receive the same number of votes, term expirations will be determined by a draw by the City Clerk. drawn by lot at the next advisory body meeting.

When reappointments and vacancies due to unexpired terms are being filled at the same time, reappointees will receive the longer term.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\05-05.doc

9.63 COUNCIL POLICY 5.6
POLICY TITLE DISABLED ACCESS TO MEETINGS/MEETING LOCATIONS —

CITY ADVISORY BODIES
POLICY STATEMENT:

All meetings of city advisory bodies will be made accessible to disabled persons.

All city advisory bodies shall generally hold their meetings in the Council Chambersat the City Hall complex or at other accessible city facilities; when space constraints necessitate, they may be held at other public facilities. It is expected that, from time to time, neighborhood meetings will be held at locations other than city facilities.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\05-06.doc

9.64 COUNCIL POLICY 5.11
POLICY TITLE: OPEN MEETING REGULATIONS (BROWN ACT) — APPLICATION

TO CITY ADVISORY BODIES
POLICY STATEMENT:

This policy is established to comply with amendments to Government Code § 54950 et seq. (the Ralph M. Brown Act). The law requires local agencies to post an agenda prior to each meeting of the legislative body (and advisory bodies), requires local agencies to provide an opportunity for the public to address the legislative body, generally prohibits the legislative body from acting on items not appearing on the agenda, and authorizes bringing suit to void certain actions taken in violation of the Brown Act. This legislative bill applies to every local legislative body including all advisory bodies and standing subcommittees.

Stated below are procedures to be followed:

1. An agenda for each regular board, commission, committee, task force or standing subcommittee (see Policy 5.12) meeting and each adjourned regular meeting will be posted outside the on the bulletin board outside Council Chambers, in the enclosed bulletin board located on Church Street, and on the City’s websitemeeting room and in a place visible to the public in/at the department responsible for staffing a given advisory body at least 72 hours prior to the meeting. The agenda shall be accessible through a prominent, direct link posted on the City’s primary website homepage. A record of theose two postings will be maintained by the department and it will include a declaration of the time and place of each posting. Notice of any special meeting of an advisory body will be posted at least 24 hours prior to the meeting; such notice will specify the business to be transacted. A record of posting will be maintained as noted above.

2. The agenda will bear a brief general description of each item of business to be transacted or discussed at the meeting. The description will be reasonably calculated to inform the public of the general nature of the subject matter of the item so that the public may seek further information on items of interest. The description will focus on the substance of the matter rather than the contemplated action.

3. If an advisory body member or staff intends to bring up an item for discussion or action it is to be included on the posted agenda unless the item qualifies as an exception as outlined in a) and b) below. The existing definition of "action taken" which is found in Government Code § 54952.6 will be used in determining the effect of the regulations. In that Government Code Section "action taken" is defined as "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance." Action may be taken on items not appearing on the posted agenda under the following circumstances:

9.65 POLICY 5.11 (continued)
(a) The advisory body makes a determination that "the need to take action" arose after the agenda was posted. This determination requires the affirmative votes of at least two-thirds of the members or a unanimous vote if less than two-thirds of the members are present. If the advisory body is able to make such determination, a motion will be made, seconded, and voted upon and that action, along with a brief explanation of the circumstances, will be included in the minutes of that meeting. The brief explanation will state the need for action and the reason that the need arose after the agenda was posted. In general, if either the members or staff knew of the need for action before the agenda was posted and it was not included on the agenda for reasons of scheduling convenience or oversight, the members could not properly determine that the need arose after the agenda was posted.
(b) The advisory body determines that an emergency situation exists. A motion would be made, seconded, and the vote taken and that action, along with a brief explanation of the emergency, would be included in the minutes of that meeting.

This determination requires the affirmative vote of a majority of the members.

Council-appointed city advisory bodies shall provide an opportunity at some point during each meeting for public oral input on matters of public concern which are not listed on the posted agenda.

As to matters brought up by members of the public during oral communications (if any), any such publicly raised matter may be placed on a specific agenda as appropriate. It is the intent of this section of this policy to defer action on any item brought up by members of the public during oral communications while providing a procedure for responding to the public.

4. The advisory body will allow for public comment on agenda items. At the beginning of each agenda section, the audience will be given an opportunity to indicate the need to comment on any items on that section of the agenda. The advisory body may encourage brevity and set time limits on speakers and indicate such limits on the agenda.

5. The Brown Act authorizes the attendance of non-subcommittee members at subcommittee meetings provided that they attend only as observers.

6. Should an action of an advisory body be challenged on the basis of alleged Brown Act violation, the complaint must make a demand on the city to cure or correct the allegedly improper action. Any action to cure or correct must be filed within 30 days from the date of the action taken. The City Clerk is then responsible for expeditiously notifying the affected department and/or advisory body secretary and the city manager and City Attorney that such claim has been filed.

9.66 AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\05-11.doc

9.67 COUNCIL POLICY 5.14

POLICY TITLE MINUTE PREPARATION AND MEETING ACTION FOLLOW-UP

FOR ADVISORY BODY AND CITY COUNCIL COMMITTEE

MEETINGS
POLICY STATEMENT:

1. For all advisory bodies, action only minutes shall be provided.

2. Action only minutes will be produced for all advisory body meetings in the same format used for City Council meetings.

3. Proceedings for all advisory body meetings and advisory bodies shall be digitally recorded. The audio recordings shall be made available on the City’s website for at least one year. retained for one year. Audio recordings of the Planning Commission shall also be available for public review in the Central Branch Library Reference Desk, for six months and in the Planning Department for three years.

4. All resolutions and recommendations adopted by advisory bodies and addressed to the City Council shall be delivered to the Mayor as soon as possible, and at least by the next Mayor’s Department Head agenda review meeting. If the action requests Council action, the item will be placed on a future City Council agenda, or a reply will be sent back to the advisory body with an appropriate response at the discretion of the Mayor, with a copy to the Mayor and Councilmembers.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised March 27, 2001
Revised September 9, 2003
Revised May 11, 2010
Revised September 14, 2010
L:\Policy\Revised\05-14.doc

9.68 COUNCIL POLICY 5.16

POLICY TITLE COUNCIL REPRESENTATION AT COMMISSION FOR THE

PREVENTION OF VIOLENCE AGAINST WOMEN ANNUAL

PUBLIC HEARING
POLICY STATEMENT:

The Commission for the Prevention of Violence Against Women (CPVAW) was established by Ordinance 81-29 which states “it shall be the policy of the City of Santa Cruz that the prevention of rape and domestic violence shall be one of its highest priorities.” Each year the CPVAW holds a public hearing to invite the public to communicate needs and issues.

The Mayor, or Mayor’s designee shall attend each annual public hearing, beginning with the 2005 meeting..

AUTHORIZATION: Motion
Added 6/28/05
L:\Policy\Revised\05-16.doc

9.69 COUNCIL POLICY 5.17
POLICY TITLE: ADVISORY BODY MEMBERS’ ETHICS TRAINING REQUIREMENT POLICY STATEMENT:

1. Government Code Section 53235 provides that if a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then all legislative officials of that local agency must receive training in general ethics principles and ethics laws relevant to public service every two years. The term “legislative body” includes the governing body of the local agency and any commission, committee, board, or other body of a local agency created by charter, ordinance, resolution, or formal action of a legislative body.

2. Council Policy 5.13 authorizes reimbursement to advisory body members for actual expenses for official travel; therefore, all advisory body members must receive ethics training pursuant to Government Code Section 53235.

3. Options for receiving ethics training include attending City workshops when offered by the City Attorney, or completing an on-line, cost-free training program offered by the Fair Political Practices Commission, available at the Fair Political Practices Commission website. At the end of the training, the advisory board member must provide the City Clerk Administrator with the original signed (wet signature) certification of completion and obtain and keep in his or her records a copy.

4. Advisory body members shall complete required ethics training at the intervals prescribed by Government Code Section 53235. The City Clerk Administrator shall notify advisory body members when they are scheduled to complete the required ethics training. Any failure to complete training in accordance with the City Clerk Administrator’s notice shall be reported to the City Council and the failure shall constitute grounds for removal from the member’s advisory body.

AUTHORIZATION: Resolution NS-28,810 adopted 7/8/14

9.70 COUNCIL POLICY 5.18
POLICY TITLE: CONFLICTS OF INTEREST – COMPLIANCE WITH STATUTES,

REGULATIONS AND RELATED COURT, ATTORNEY GENERAL AND FPPC OPINIONS POLICY STATEMENT:

1. The California Political Reform Act (Government Code Sections 81000 et seq), the California Fair Political Practices Commission implementing the Political Reform Act (California Code of Regulations, Title 2, Division 6, Sections 18109-18997), Government Code Sections 1090 et seq, and the City of Santa Cruz Conflict of Interest Code (City of Santa Cruz Resolution No. NS-28,561) all set forth conflict of interest statutes and regulations which are variously binding upon the Mayor, city councilmembers, city advisory board members, city officials and city employees. These statutes and regulations are intended to discourage and prohibit actual or perceived self-dealing on the part of councilmembers, advisory board members, officials and employees with respect to matters such as contracting, business, financial interests, real estate, expenditure of public funds and resources, bribes, the acceptance of gifts and other items and services of value, sources of income, and nepotism in the form of favoritism to family members. In addition to legislatively promulgated statutes and administratively promulgated regulations, California courts, the Fair Political Practices Commission, and the California Attorney General all issue written opinions pertaining to the proper interpretation, application and enforcement of these statutes and regulations. Councilmembers, advisory board members, officials and employees are subject to criminal and civil sanctions, both monetary and non-monetary, for failure to comply with these statutes and regulations. The California Attorney General, the Fair Political Practices Commission, district attorneys and city attorneys, depending upon the statute or regulation in question, are legally responsible for enforcing these statutes and regulations.

2. The City Council hereby affirms its conviction that the above-referenced conflict of interest statutes and regulations serve a valid and compelling public interest and for this reason should be meticulously learned, understood, observed and obeyed by the Council, city councilmembers, advisory board members, officials and employees to whom they apply. Specifically the City Council strongly endorses the following public policies which are advanced by strict adherence to these statutes and regulations:
• State and local government should serve the needs and respond to the wishes of all citizens equally, without regard to their wealth, personal relationships, political affiliations or status.

9.71 • Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from actual or perceived bias caused by their own financial interests or the financial interests of persons who have supported them, or other persons with whom they are personally, professionally or politically associated. • Receipts and expenditures in election campaigns should be fully and truthfully disclosed in order that the voters may be fully informed and improper practices may be inhibited.
• Assets and income of councilmembers, advisory board members, officials and employees which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that actual or perceived conflicts of interest may be avoided.

3. City Councilmembers, advisory board members, officials and employees of the City of Santa Cruz shall all be responsible for learning, understanding, observing and obeying the conflict of interest statutes and regulations referenced in this policy, as interpreted and applied in opinions issued by the courts, the Attorney General and the Fair Political Practices Commission, to the extent that those statutes and regulations apply to those councilmembers, advisory board members, official and employees.

4. Minimum compliance with this policy requires those individuals subject to the Government Code Section 53235 (AB1234) ethics training requirements to complete that training in accordance with, and at the intervals prescribed by, Section 53235. Individuals who are not subject to Section 53235 shall be deemed to have complied with this policy when they receive ethics training from any public agency professional organizations, such as the League of California Cities through its various departments, in which those individuals are members.

5. Councilmembers, advisory board members, officials and employees who are uncertain whether or how a conflict of interest statute or regulation may apply to them in a given set of circumstances should confer with the City Attorney (or their supervisor) before proceeding. Any advice from the City Attorney is provided at no cost to the advisory board member.

6. Lack of familiarity with, or failure to understand, a conflict of interest statute or regulation shall not constitute an excuse for failure to comply with that statute or regulation.

7. Personal disagreement with a conflict of interest statute or regulation, or any opinion construing such a statute or regulation, shall not constitute a basis for non-compliance with that statute or regulation, nor shall personal disagreement excuse non-compliance with that statute or regulation.

9.72 8. An advisory board member’s willful failure to comply with this policy or a conflict of interest statute or regulation referenced in this policy shall constitute grounds for removal from the member’s advisory body and for reporting that member to the appropriate enforcement agency.

AUTHORIZATION: Resolution NS-28,810 adopted 7/8/14

9.73 COUNCIL POLICY 6.1
POLICY TITLE CITY COUNCIL EXPENSES,; TRAVEL CONTINGENCY FUND FOR MAYOR AND/OR CITY COUNCILMEMBERS;, AND BOOKS,

PERIODICALS, AND EQUIPMENT PURCHASED BY MAYOR

AND/OR CITY COUNCILMEMBERS
POLICY STATEMENT:

Expenses
The Mayor and/or Councilmembers shall be reimbursed for actual and reasonable expenses incurred in the performance of official duties up to the amount allocated by Council in the budget for each fiscal year. These expenses may be incurred for travel for out-of-town meetings and conferences, local civic and governmental activities and miscellaneous or officeholder expenses, including expenses for local City purposes, as determined by the Mayor and/or individual Councilmembers.

The Finance Department will reimburse the Mayor/Councilmembers for expenses upon receipt of a claim form. The Mayor/ Councilmembers may also request a cash advance. A claim form must also be submitted to substantiate such expenses within 30 days of the expense, or the money must be returned.

Travel\Conference Expenses
A travel\conference contingency fund, approved by the Council in each budget, will cover necessary expenses for the Mayor/City Councilmembers in the following instances:

1. The Mayor/A Councilmember has exceeded the individual authorized spending limit and would like to attend a meeting or conference which would benefit the city. This requires Council approval.

2. Council specifically requests that the Mayor and/or a Councilmember attend an out-oftown meeting or conference as a representative of the City Council.

Book, Periodicals and Other Equipment
Any portion of each member of the CouncilCouncilmember’s yearly allocation may be used to purchase books, periodicals and equipment.

Capital outlay of any substantial value will be returned to the Council office.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 REVISED: June 29, 1999 Budget Hearings
REVISED: Motion January 10, 2006
l:\policy\revised\6-1.doc

9.74 9.75
COUNCIL POLICY 6.2
POLICY TITLE: SPECIAL MEETINGS OF THE CITY COUNCIL
POLICY STATEMENT: Procedures and assigned responsibilities for the preparation and conduct of special meetings1 (also referred to as study sessions2 ) shall be as described below:

1. The Mayor shall be the presiding officer and shall conduct the meeting. When a Council Committee is holding a public hearing, the meeting may be turned over to the chair of that committee for the conduct of the hearing, however, the mayor will resume his/her role as presiding officer for purposes of council deliberation and action, and adjournment.

2. The Council will deliberate and take all action(s), including staff direction, at the end of the meeting to facilitate action minute or note taking by department staff and/or Clerk.

3. Special meetings require 24-hour notice per the Brown Act, however, every effort will be made to provide the standard 72-hour notice.

4. Special meetings do not require Oral Communications, however, the following language must appear at the bottom of the agenda: The public has the right to address the City Council (or advisory body) on the item(s) appearing on this agenda.

5. The meetings shall be tape recorded where practical.

6. Written materials will be placed inprovided to Council boxes no later than 72 hours preceding the meeting.

7. The Clerk will attend special meetings. at the Mayor's or Council's request.

8. The City Attorney will attend special meetings at the Mayor's or Council's request.

When a special meeting is set by Council, the lead departmentClerk will be responsible for the following:

Providing three copies of written materials for special meeting to City Clerk's Department for public review and original file; placing written materials in Council boxes no later than Friday afternoon before the meeting; and making the materials available to interested parties at the department's own discretion.
1 The Brown Act recognizes special meetings of a legislative body (Council or any advisory body) as a meeting which is held on any day other than the regular meeting day or days of the body set by resolution or by-laws, e.g. the second and fourth Tuesday of each month, as in the case of the Council. 2 A study session is a special meeting for purposes of the Brown Act, however it is one at which the Council receives information and materials on a specific subject matter but anticipates taking no formal actions with the exception of requesting additional information.

9.76 3. Setting, producing and distributing agenda according to City Clerk's identified list; and delivering agenda to Clerk's office for posting 72+ hours in advance of the meeting.

41. Legal advertising required by Redevelopment Law, Government or other Code for public hearings. (The Brown Act does not require noticing of a regular or special meeting beyond posting of the agenda.)

25. RecordingTaping of special meeting where practical and taking notes or minutes of any actions taken at the meeting where appropriate; providing a copy of notes or minutes to the City Clerk's Department for filing and distribution to Councilmembers as soon as possible.

6. Setting up and breaking down of meeting room.

37. Posting Notice of Adjournment (at the meeting site) within 24 hours of adjournment.

The City Clerk's department will assist the lead department by:

1. Posting the agenda 72 hours in advance of the meeting.

2. Making available to lead department meeting supplies which are on hand (soft drinks, coffee, tea); providing the department access to open purchase order for other refreshments i.e. cookies; nameplates.

3. Helping with recording equipment set up if special meeting is to be held in Council Chambers.

4. Providing a portable tape recorder and tapes for lead department's use if needed.

5. Storing tapes of special meetings.

46. Filing of minutes or notes after distribution to the CouncilCouncilmembers.

For Council special meetings where no lead department can be easily determined, the City Manager or City Clerk departments will take responsibility.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.77 COUNCIL POLICY 6.3

POLICY TITLE CITY COUNCIL OUTGOING CORRESPONDENCE
POLICY STATEMENT:

1. Copies of all letters written by the Mayor/Councilmembers in their official capacity shall be kept on file for public information in the Council office according to the records retention schedule for the current year and one full year prior to the current year.

2. Care should be taken when using official stationery to indicate that the point of view expressed by the Mayor or an individual Councilmember is not necessarily that of the Council, unless the position reflects an official Council action.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\6-3.doc

9.78 COUNCIL POLICY 6.5
POLICY TITLE CITY COUNCIL AGENDA—ORDER OF BUSINESS
POLICY STATEMENT:

The business of Council shall generally be disposed of in the following order:

AFTERNOON SESSION (start time determined by Mayor)
Call to Order
Roll Call
Pledge of Allegiance
Administrative Business (Introduction of New Employees; Presentations; Presiding Officer’s Announcements; Statements of Disqualification; Additions and Deletions; Oral Communications Announcement; City Attorney Report on Closed Session; City Manager Report)
Review Council Meeting Calendar
Consent Agenda
Council Business (Consent Public Hearings, Public Hearings and General Business) Administrative Business (Council Meeting Calendar; Council Memberships in City Groups and Outside Agencies)
Oral Communications Announcement
Oral Communications (if no Evening Session is scheduled)(on or around 5 p.m.) Items Not Completed Prior to Oral Communications)
Adjournment (if no Evening Session is scheduled)
Recess to Evening Session (if scheduled)
EVENING SESSION (start time determined by Mayor)
Call to Order
Roll Call
Oral Communications Announcement
Oral Communications
Administrative Business (Presentations)
Council Business (Public Hearings and General Business) Adjournment
Whenever necessary to expedite the business of the meeting or to accommodate members of the public, the presiding officer may alter the order of business (reference: Councilmember's Handbook).

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by Resolution No. NS-29,245 on May 23, 2017

9.79 COUNCIL POLICY 6.6
POLICY TITLE CITY COUNCIL MEETINGS — ORAL COMMUNICATIONS POLICY STATEMENT:

In accordance with the Brown Act, every agenda for the 2nd and 4th Tuesday regular meetings of the Council will provide the public an opportunity to address the Council on matters not on the agenda but within the City Council’s subject matter jurisdiction. This period will be known as Oral Communications and will be governed as follows:

1. Oral Communications will be held at the end of the afternoon session, if there is no evening se ssion. If there is an evening session, Oral Communications will be heard first, followed b y C o u n c i l b u s i n e s s a time certain to be posted in the meeting agenda no less than 72 hours prior to a regular meeting.

2. If Oral Communications concludes earlier than the designated start time for the business portion of the meeting, Council shall recess and reconvene at the designated start time.

3.2. Thirty (30) minutes* will be allocated for oral communications.

4.3. No individual will be allowed to speak for more than three minutes*.

5.4. No individual may speak more than once during the oral communication period.

6.5. Individuals who did not speak at the previous Council meeting’s oral communications will be given first preference to speak.

7.6. All speakers must address the entire Council and will not be permitted to engage in dialogue.

8.7. In the interest of civil discourse, the same rules specified in the Council Rules of Procedure (Decorum) and principles for Rules of Debate shall apply for this section as well, and are hereby incorporated by reference. It shall be the responsibility of the presiding officer to ensure that Oral Communications are conducted in such a manner that avoids disruptive activity, promotes mutual respect, keeps comments focused on issues, and avoids personal attack.
* Time limits may be increased or decreased at the Mayor's discretion, though no requests for extra time made by groups will be approved..

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by Resolution No. NS-29,246 on May 23, 2017
Revised by Resolution No. NS-29,388 on April 24, 2018
Revised by Resolution No. NS-29,478 on January 8, 2019
Revised by Resolution No. NS-29,926 on February 8, 2022

9.80 POLICY NUMBER 6.7

POLICY TITLE LENGTHY REPORTS DISTRIBUTED TO COUNCIL
POLICY STATEMENT:

Supporting agenda material which is too lengthy to be included in the Council agenda packet is to be identified by the City Clerk and departments will be asked to save those materials on the city’s website and include a link on the agenda report. In addition, departments shall make the materials available in the office of the department. placed in the Council office for review on the Friday prior to the meeting.

Lengthy reports, such as EIRs, which are part of the background materials for agenda items are to be placed in Council boxes as soon as the reports are ready, rather than held for distribution with the agenda packets. Councilmembers will be notified when such reports have been placed in the Council boxes in advance.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\6-7.doc

9.81 COUNCIL POLICY 6.8
POLICY TITLE INFORMATION ITEMS FOR CITY COUNCIL (FYIs)— PROCEDURE

FOR DISTRIBUTION (ITEMS NOT REQUIRING COUNCIL ACTION)
POLICY STATEMENT:

1. All information items (FYIs) are submitted to the Assistant City Manager.

2. All information items shall be provided to the City Clerk to are include on agendas and in agenda packets, however, the items will not be considered as agenda items and are not acted on.copied, recorded and placed in Council boxes. The original and three copies of each item are forwarded to the City Clerk (for file).

3. Prior to each Council meeting, a log of the information items is submitted to the City Clerk. This list will be included on the printed Council agenda; however, the items will not be considered as agenda items.

43. Copies of information items are available to the public upon request to the City Clerk.

45. If the Mayor or a Councilmember feels that further Council action is necessary on the specific information item, that Councilmember may first consult with the request may be brought to the Department Head or City Manager and the Councilmember may request thatplace the item be placed on the next regular City Council agenda.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\6-08.doc

9.82 COUNCIL POLICY 6.9
POLICY TITLE: REQUESTS OF STAFF MADE BY THE MAYOR AND/OR

COUNCILMEMBERS
POLICY STATEMENT:

Requests of staff made by the Mayor and/or individual Councilmembers will require authorization by Council only if the assignment is expected to take more than one day of staff time (one day-one person).

Staff members are encouraged to raise concerns or explain time factors regarding any requests.

Requests should be made directly to the City Manager, Assistant City Manager, or Department Heads.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by motion – January 14, 2020
Revised by motion – February 11, 2020 (reverted back to November 17, 1998 version)

9.83 COUNCIL POLICY 6.10
POLICY TITLE SEATING OF NEW COUNCILMEMBERS AND MAYOR; ELECTION OF MAYOR AND VICE MAYOR — SETTING TIMES
POLICY STATEMENT:

Pursuant to Section 704 of the City Charter, the Council shall convene to declare the results of any municipal election and install the newly elected officers.the newly elected Councilmembers are to be seated at the second regularly scheduled evening meeting after any Municipal Election.

Section 601 of the City Charter provides that Councilmembers and the Mayor shall serve a term of four years. They shall serve and until their successors have been elected and sworn in and qualified; therefore the whole current council will convene as usual at its afternoon session on that day to consider routine business matters, if necessary.

Section 604 of the City Charter states that the City Council will elect a Mayor and Vice Mayor from among the Councilmembers at the second meeting in November in each non-election year, and at the second regularly scheduled evening meeting after the general municipal election in each election year. The Mayor and Vice Mayor shall serve until their successors hasve been elected by the Council.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 l:\policy\revised\6-10.doc

9.84 COUNCIL POLICY 6.12
POLICY TITLE: CLOSED SESSIONS
POLICY STATEMENT:

The Brown Act at Government Code Sections 54956.78-54957.67 authorizes closed sessions for specifically enumerated topics including labor negotiations, litigation, property negotiations and personnel matters. In generally explaining the closed session exceptions to the Brown Act’s general “open meeting” rule, the California Supreme Court has acknowledged that “the public need for access to information must be balanced against the public’s right to the efficient administration of public bodies.” Regents of University of California v. Superior Court, 20 Cal.4th 509, 54226 (1999). Thus, “‘[m]ost sunshine laws explicitly recognize that ‘“the administrative process cannot be conducted entirely in the public eye.’” Id. In the Court’s words: “The ringing rhetoric of the open meeting acts jibes poorly with political reality. Taken to its logical extreme, openness may actually diminish the number and quality of public exchanges, increase divisiveness, and limit the flow of relevant information and the depth of critical collective scrutiny.” Id. at 544.

Section 54963(a), adopted by the State legislature in 2002, prohibits a person from disclosing “confidential information that has been acquired by being present in a closed session authorized by [the Brown Act] to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” The Brown Act defines “confidential information” in this context as “a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter.” Gov. Code § 54963(ba).

The Act permits addressing violations of the rule against disclosure of confidential information “by the use of such remedies as are currently available by law, including, but not limited to:
(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.
(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section.
(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury.” Gov. Code § 54963(c).

CLOSED SESSION REQUIREMENTS:

1. Closed sessions items shall be agendized and publicly reported upon in accordance with all the applicable provisions of the Brown Act.

2. If staff or Councilmembers wish to discuss a matter in a closed session, they should notify the City Attorney’s office as soon as possible, but preferably no later than 96 hours (4 days) before the scheduled closed session.

9.85 3. If feasible, the City Attorney will prepare a confidential memo to the Council prior to the closed session setting forth the information required by the Brown Act.

4. Amicus Curiae items will be placed on the closed session agenda, and the City Attorney shall report out any formal action on the item in open session. both closed and open sessions with discussion in closed session and formal action in open session, as determined by the City Attorney.

5. No City Councilmember, City official, or City employee shall disclose any information provided or discussed in closed session or any direction given in closed session unless directed or permitted to do so by a majority of the City Councilmembers present at the closed session.

Upon election to the City Council, a Councilmember shall in writing acknowledge that she or he understands this provision of state law and City Council policy and agrees to comply.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by motion: October 23, 2007

9.86 COUNCIL POLICY 6.13
POLICY TITLE: OPEN MEETING REGULATIONS (BROWN ACT) - CITY COUNCIL

MEETINGS
POLICY STATEMENT:

This policy is established to comply with the Brown Act. The law requires local agencies to post an agenda prior to each meeting of the legislative body, requires local agencies to provide an opportunity for the public to address the legislative body, generally prohibits the legislative body from acting on items not appearing on the agenda, and authorizes bringing suit to void certain actions taken in violation of the Brown Act. This legislative bill applies to every local legislative body including all city advisory bodies.

Stated below are procedures to be followed:

1. An agenda for each regular City Council Meeting and each adjourned regular City Council Meeting will be posted on the bulletin board outside the Council Chambers, in the enclosed bulletin board located on Church Street, and on the City’s website at least 72 hours prior to the meeting. The agenda shall be accessible through a prominent, direct link posted on the City’s primary website homepage. A record of the posting will be maintained by the City Clerk and it will include a declaration of the time and place of posting. Notice of any special meeting of the City Council will be posted at least 24 hours prior to the meeting; such notice will specify the business to be transacted. A record of posting will be maintained as noted above.

2. The agenda will bear a brief general description of each item of business to be transacted or discussed at the meeting. The description will be reasonably calculated to inform the public of the general nature of the subject matter of the item so that the public may seek further information on items of interest. The description will focus on the substance on the matter rather than the contemplated action.

3. If Council or staff intends to bring up an item for discussion or action, it is to be included on the posted agenda unless the item qualifies under a Brown Act exception; the current exceptions are outlined below. as an exception as outlined in a) and b) below. There is no definition of "action taken" in the new regulations. In the absence of such definition, the existing definition of "action taken" which is found in Government Code Section 54952.6 will be used in determining the effect of the new regulations. In that Government Code Section "action taken" is defined as "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance." Action may be taken1 on 1 Government Code Section 54952.6 defines "action taken" as "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative

9.87 items not appearing on the posted agenda under the following circumstances:circumstances listed below.
(a) Council makes a determination that "the need to take action" arose after the agenda was posted. This determination requires the affirmative votes of at least two-thirds of the Council or a unanimous vote if less than two-thirds of the Councilmembers are present. Gov. Code § (b)(2). If Council is able to make such determination, a motion will be made, seconded, and voted upon and that action, along with a brief explanation of the circumstances, will be included in the minutes of that meeting. The brief explanation will state the need for action and the reason that the need arose after the agenda was posted. In general, if either the Council or staff knew of the need for action before the agenda was posted and it was not included on the agenda for reasons of scheduling convenience or oversight, the Council could not properly determine that the need arose after the agenda was posted.
(b) Council determines that an emergency situation exists as defined in Government Code Section 54956.5 (work stoppage or other activity which severely impairs public health, safety or both; or a crippling disaster). Gov. Code § 54954.2(b)(1). A motion would be made, seconded, and the vote taken and that action, along with a brief explanation of the emergency, would be included in the minutes of that meeting. This determination requires the affirmative vote of a majority of the Councilmembers. (c) The item was on a properly noticed agenda of a prior Council meeting “occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.” Gov. Code § 54954.2(b)(3).
(d) “To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body.” Gov Code § 54954.2(b)(4).

Council shall provide an opportunity at some point during each regular meeting for public oral input on matters of public concern which are not listed on the posted agenda. (See Policy No. 6.6) As to matters brought up by members of the public during oral communications, the Mayor is empowered to refer any such publicly raised matter to staff or to direct that it be placed on a specific Council agenda as appropriate. It is the intent of this section of this policy to defer action on any item brought up by members of the public during oral communications while providing a procedure for responding to the public.

4. The Brown Act provides for the right of the public to testify at meetings. At the beginning of each agenda section, the audience will be given the opportunity to indicate the need body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance."

9.88 to comment on any items on that section of the agenda. Brevity will be encouraged, and time limits will be stated on the agenda and may be increased or decreased at the Mayor's discretion. Agendas for special meetings shall include a statement describing the public’s rights to address the Council on any item listed on the agenda for that special meeting.

VIOLATIONS OF THE ACT: The Brown Act provides for cCivil remedies and criminal penalties remedies, and actions taken in violation of the Brown Act may be declared null and void.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998

9.89 COUNCIL POLICY 6.15

POLICY TITLE PRE-PRINTED MATERIAL FOR COUNCIL ITEMS
POLICY STATEMENT:

Pre-printed identical forms expressing opinions (postcards, flyers, newspaper coupons, etc) shall be placed in the Council office for public review. The City Clerk will announce and summarize these materials during the Council meeting.

Pre-printed materials (postcards, flyers, newspaper coupons, etc) relating to Council items will not become a part of the public record.

A note to file will be prepared (with one example of the material) and will summarize a total count by City/County/State/Out-of-State residents. This note to file will become part of the permanent record.

After tabulation, the material will be shredded.

DISCONTINUE POLICY
AUTHORIZATION: Council Policy Manual Update of November 17, 1998 HISTORY: Effective Date of Policy - November 17, 1998.
l:\policy\revised\6-15.doc

9.90 COUNCIL POLICY 6.16

POLICY TITLE CITY COUNCIL AGENDA LEGISLATIVE HISTORY ADDENDUM POLICY STATEMENT:

The City Clerk shall maintain a City Council Agenda Legislative History Addendum which will be a listing of actions by outside entities. The documentation associated with the action will then be filed as part of the Council’s legislative history. City staff will be responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum.

Such entities would include, but not be limited to:

Courts
Coastal Commission
Closed Session Agreements/Settlements, which are public record Association of Monterey Bay Area Governments
Local Agency Formation Commission
The Addendum and documentation will be part of the Council’s legislative history, and will be used for research and reference.

DELETE POLICY
AUTHORIZATION: Motion, September 10, 2002
l:\policy\revised\6-16.doc

9.91 COUNCIL POLICY 6.17

POLICY TITLE EQUAL ACCESS TO SERVICES
POLICY STATEMENT:

The City Council wishes to establish a form of government that is truly inclusive of all its residents. It finds and determines that the public safety, health, convenience, comfort, property, and general welfare will be furthered by the provisions which establish guidelines for access to City programs and services by residents who are not fluent in English.

As of November 2002, the population needing such services is the Spanish-speaking population.

The City Council desires to utilize sufficient bilingual employees in public contact positions, and departments are requested to provide information and services to the public in each language spoken by the substantial number of limited English speaking persons group(s).

Departments are requested to hire a sufficient number of bilingual employees, whenever feasible.

The City Manager is requested to provide for translation services, for the purpose of translating written materials for City departments and providing translations for public meetings, as needed and as feasible.

The City Council desires to provide oral interpretation of any public meeting or hearing held by a City commission or department, and this service shall be provided if a request is made at least 5 days 48 hours in advance of the meeting or hearing in question.

The City Council desires that all recorded telephonic messages from departments shall be in each language.

The City Council desires that, for every public contact position for which bilingual capacity is necessary, the job shall be advertised as a bilingual position for which bilingual conversational proficiency will be a job requirement.

AUTHORIZATION: Motion – November 12, 2002
l:\policy\revised\6-17.doc

9.92 COUNCIL POLICY 7.2
POLICY TITLE CITY COUNCIL CHAMBERS — USE OF FACILITY
POLICY STATEMENT:

The Council Chambers are available weekdays and weekends without charge for public meetings or hearings sponsored by city, county, state or federal agencies or officials. Council Chambers will be available on weekends to outside non-governmental organizations as outlined below.

This meeting space is not available on any Tuesday of the month or on recognized City holidays.

Tuesdays will be reserved only for City Council use unless special permission has been granted by the City Clerk. The following priorities have been established for reserving this facility.

Priority is to be given in this order:

A. City Council
B. City departments or city-appointed advisory bodies
C. Other city, county, state, or federal agencies or officials D. For 90 days prior to any municipal election, the Chambers may be made available to any recognized civic or political organization for the purpose of conducting candidate forums, provided that all candidates are invited to participate equally, and that the forum is structured in a question and answer format in which all candidates have the opportunity to address each issue presented.

E. Any non-governmental organization which rents the Civic Auditorium, where such rental includes a Saturday and/or Sunday, may be allowed to rent the Council Chambers on that Saturday and/or Sunday in conjunction with the event being held at the Civic Auditorium, and upon the following conditions:

1. A rental amount of $25.00 per hour, with a
minimum of 4 hours, shall be made payable to the
City of Santa Cruz through the Civic Auditorium
staff. There shall be no fee waiver authorized
for this use.

2. A signed application and permit for Chambers use, including the acceptance of responsibility for any damages, must be submitted at the time the rental fee is paid.

3. The City Council Chambers must be used as a lecture room only, and in conjunction with the event at the Civic Auditorium, to provide information; no money may be solicited as either contribution or payment.

4. Any cablecasting of the event must be the responsibility of the sponsoring organization, and must be staffed by Community Television of

9.93 Santa Cruz County, with a disclaimer that the presentation is a paid, privately sponsored event and is not in any way connected to the City of Santa Cruz.

PROHIBITED USE – No individual, organization or agency shall be permitted to use the City Council Chambers in either a paid or non-paid status, for the purpose of supporting or opposing any measure or candidate which may appear or has appeared on any election ballot.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised September 12, 2000
Revised April 24, 2001
l:\policy\revised\7-2.doc

9.94 COUNCIL POLICY 10.1
POLICY TITLE ELECTION PROCEDURES: CANDIDATE'S STATEMENT OF

QUALIFICATIONS
POLICY STATEMENT:

1. The cost of printing and handling a candidate's statement of qualifications will be charged to the candidate except where a candidate is found to be indigent according to California Elections Code Section 13309. City Council Resolution No. NS-22,895 defines an indigent person as either a person whose income is 125% or less of the current poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, or a disabled person whose income after meeting medical and other disability-related special expenses is 125% or less of those current poverty guidelines. Qualifications as an indigent person, however, does not relieve the candidate of the obligation to pay the candidate statement cost with the first amount of funds raised or by no later than December 31 of the election year.

2. The City Clerk Administrator will arrange for the Spanish translation of any candidate's statement of qualifications upon request. Those candidates who wish to have their Candidate’s Statement of Qualifications translated into Spanish shall pay for the additional printing and handling costs. Upon request the City will pay the costs of printing the Spanish translation for candidates who have been declared indigent, however, the City is not prohibited from billing the candidate for the actual cost, after the election..

3. The statement of qualifications shall not exceed 200 words.

4. Candidates are not permitted to submit additional materials to the voters with the sample ballot.

5. The City Clerk Administrator will give a copy of Resolution No. NS-22,845 related to candidate statements to each candidate or representative at the time nomination papers are taken out.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 Revised by resolution – June 14, 2016

9.95 COUNCIL POLICY 12.16
POLICY TITLE: CANNABIS BUSINESS TAX INCREMENT DESIGNATED FOR A CHILDREN’S FUND
POLICY STATEMENT:

It is the policy of the City Council that 12.520% of the City of Santa Cruz’s Cannabis Business Tax revenue be designated for the creation and funding of a dedicated Children’s Fund. This Children’s Fund will support enhancement and expansion of evidenced- based programs to prioritize access to early childhood development, prevention, and vulnerable youth programs, without supplanting existing City of Santa Cruz services or investments.

The available funding will be calculated based on the prior year’s audited financial statements.

The specific allocation of funds will be determined by the City Council on an annual basis as part of the budget process. The City Council may designate a process for obtaining recommendations related to the use or award of the funds. Pursuant to Measure A, the City Council shall appoint a Children’s Fund Oversight Committee to make recommendations on the use of future Children’s Fund revenues. The City Council shall designate representatives consistent with Measure A, which may include, but not limited to, representatives of the following:
• Parks & Recreation Commission
• The Santa Cruz City School District
• First Five Santa Cruz
• Youth Organizations
• The City Council

9.96 AUTHORIZATION: Adopted by Resolution No. NS-29,323 November 14, 2017 Updated by Resolution No. NS-29,509, April 23, 2019

9.97 COUNCIL POLICY 14.2

POLICY TITLE ORDINANCES FOR PUBLICATION
POLICY STATEMENT:

When an Ordinance is passed for publication*, the City Council authorizes the City Clerk to post the Ordinance in three (3) public places and publish only the title and a brief description of the proposed Ordinance in a newspaper of general circulation. The three public places where Ordinances are posted are the bulletin board outside of the City Council Office at City Hall, the Santa Cruz Library-Central Branch, and at the entrance of the County Governmental Centeron the city’s website.

This policy complies with Section 613 of the City Charter. *The exception to this policy is when an emergency ordinance is adopted by Council. The City Clerk shall publish the full ordinance at least once within fifteen (15) days after adoption.

AUTHORIZATION: Updated November 25, 2008

9.98 COUNCIL POLICY 17.1

POLICY TITLE DESIGNATION OF PUBLIC HOUSING AGENCY FOR THE CITY OF

SANTA CRUZ
POLICY STATEMENT:

The Housing Authority of the County of Santa Cruz is designated as the Public Housing Agency of the City of Santa Cruz, and will act as the City's agent in administering the Section 8 Housing Choice Voucher Subsidy Program. The duties of the Public Housing Agency include preparation and submission of grant applications, dissemination of information on housing assistance, determination of eligibility of participants, and general administration of the Federal program at the local level.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 L:\POLICY\REVISED\17-1.DOC

9.99 COUNCIL POLICY 17.3

POLICY TITLE RENTAL POLICY FOR CITY-OWNED HOUSING
POLICY STATEMENT:

The following is the housing policy for City-owned properties:

1. Make Section 8 eligible city-owned units available to Section 8 tenants. Section 8 eligible units are units that are in good condition and are self-contained. When such units are occupied, refer tenants to the Housing Authority to be qualified for the Section 8 program. a.If tenants are qualified as low-income, they can be issued a Section 8 certificate or can be placed on a waiting list to receive a certificate when one becomes available. 1) If certificate is available to city tenant, the unit should be rented through the Section 8 program.
2) If a certificate is not available, the tenant should be placed on the waiting list and the unit should be rented at the current rental rate. b. If tenants do not qualify as low-income households, the rents should be raised on an annual basis on July 1st by the same percentage as the median income increase for the County of Santa Cruz.

2. As units become vacant, they should be made available to Section 8 tenants.

3. Rents for all non-Section 8 eligible city-owned units should be increased every July 1st by the same percentage as the median income increases for the County of Santa Cruz.

For City-owned affordable housing units, City shall follow the rental policies and procedures outlined in the most recent “Implementation Practice Guidelines for the City of Santa Cruz Affordable Housing Program" unless other policies and procedures are outlined in the Affordable Housing Development Agreement recorded against the property.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 L:\POLICY\REVISED\17-03.DOC

9.100
REDEVELOPMENT AGENCY/COUNCIL POLICY 30.1
POLICY TITLE REDEVELOPMENT AGENCY BUSINESS — USE OF LOCAL BANKS,

FIRMS AND COMPANIES
POLICY STATEMENT:

Wherever possible, local banks, real estate firms, and title companies will be utilized in the conduct of the Redevelopment Agency's business.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 L:\POLICY\REVISED\30-1.DOC

9.101
REDEVELOPMENT AGENCY/COUNCIL POLICY 30.2
POLICY TITLE: REDEVELOPMENT AGENCY MEETINGS — SETTING TIME POLICY STATEMEMT:

Regular meetings of the Redevelopment Agency will be held on the second and fourth Tuesdays of the month, at the close of the 3:30 p.m. City Council session or at 5:00 p.m., whichever comes first.

AUTHORIZATION: Council Policy Manual Update of November 17, 1998 L:\POLICY\REVISED\30-02.DOC

9.102
City Council

AGENDA REPORT
DATE: 05/19/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Manager
SUBJECT: Dissolution of the City/County 2x2 Committee and Appointment to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board (CM) RECOMMENDATION: Motion to:
1) Dissolve the City/County 2x2 Committee; and
2) Appoint the position of Deputy City Manager to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board.

BACKGROUND: To discuss issues of mutual concern regarding homelessness in our region, City and County representatives began informally meeting in 2016. In January of 2018, both the City and the County formalized their respective agencies’ participation and communication through a committee known as the 2x2. The 2x2 was comprised of two members from the County Board of Supervisors and two members from the City Council to improve coordination between the agencies regarding homelessness issues. The goal was to form a regional response, in partnership with the County, to strengthen City efforts to improve how we respond to the homelessness crisis.

DISCUSSION: To work together to address issues of mutual concern regarding homelessness, the 2x2 was formally created in January 2018. Issues often discussed were coordination on policies, housing, and service programs for the unhoused population. The County and City shared many issues of concern that required collaboration and coordination of efforts.

Additionally, the intention was to improve communication regarding decisions being made by the City Council or the Board of Supervisors that impacted City and County efforts related to homelessness.

In January of 2022, the Santa Cruz County Housing for Health Partnership (H4HP) Policy Board (Policy Board) was created to replace the Homeless Action Partnership (HAP) oversight groups.

The newly created H4HP serves as the federally designated Housing and Urban Development Department (HUD) Continuum of Care (CoC) Board for Santa Cruz County and coordinates resources, programs and services focused on preventing and ending homelessness.

Prior to the creation of the H4HP Policy Board, the HAP CoC oversight groups included staff from the County's four cities, the County, a member of the health sector, members from various non-profits serving the homeless community, and those with lived experience. The HAP groups

10.1 did not include elected officials. Subsequently, changes were made to the CoC governance structure to ensure broader and deeper engagement of City and County leaders in the CoC planning and decision-making process, with the additional option to include elected officials from the cities and the County on the Policy Board. Current Policy Board membership overlaps with individuals historically involved with the 2x2 and HAP. The City of Santa Cruz has two seats on the Policy Board, which may be filled by elected officials, government staff, or other citizens.

Elimination of the 2x2 will reduce the need for duplicate planning discussions among key City and County leaders but will not preclude City and County staff from continuing to meet regularly on homelessness issues. Elected leaders can also continue to receive regular updates from staff on topics related to homelessness outside of the previous 2x2 structure.

For Policy Board membership, the City’s current representatives are Councilmember Watkins and Planning and Community Development Director Lee Butler. Both were appointed by the City Council in December of 2021, with a term of two years. Mr. Butler is no longer serving in the Deputy City Manager position overseeing homelessness response programs; therefore, staff recommend the City Council appoint the position of Deputy City Manager to the Policy Board as opposed to a specific person as the representative to replace Mr. Butler for the current two-year term ending December 31, 2023.

FISCAL IMPACT: None.

Prepared and Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

10.2 City Council

AGENDA REPORT
DATE: 06/08/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Manager
SUBJECT: City Overlook Emergency Shelter Operations and Management Contract Approval (CM)
RECOMMENDATION: Motion to authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with The Salvation Army in the amount of $4,048,426.19 to operate and manage the City Overlook emergency shelter program for a term not to exceed 12 months.

BACKGROUND: In June of 2021, the City Council approved the Camping Standards and Service Ordinance (CSSO), which directed staff to ensure at least 150 safe sleeping spots were created and maintained. Shortly thereafter, the City issued a Request for Qualifications (RFQ) in an effort to solicit competitive proposals for a variety of homelessness services, including operation of an emergency shelter. The City received two competitive bids for large shelter programs. The Salvation Army (TSA) scored the highest due to their experience both locally and nationally in shelter operations.

The contract with TSA for the City Overlook program operation was approved by City Council in December 2021 for a 75 – tent emergency shelter program located the south lawn of the National Guard Armory building in upper DeLaveaga Park for six months. In June of 2022, the contract was amended to include operating inside the Armory building, adding an additional 60 spaces through June 2023.

The City Overlook shelter program is comprised of three components: 1) Staffing and services (TSA), 2) Utilities and facilities costs, and 3) Transportation services. The Salvation Army provides the staffing, food services and a portion of the transportation program. The City pays separately for the utilities and facilities costs as well as funds a portion of the transportation program.

DISCUSSION: The City Overlook program is a 24/7 shelter that provides participants connection to case management services, 3 meals a day, private tent accommodations (indoor and outdoor options), hygiene services onsite, and transportation on and off site daily from 6am to 10 pm. The 135-space shelter has been serving participants since its opening in May of 2022.

Since that time, the program has served 355 individuals with 45 of those exiting to more permanent housing.

11.1 The proposed TSA contract for FY 2024 is $4,048,426.19, which is an increase of $300,000 from the previous year. However, the transportation element, at an approximate cost of $630,000, is no longer included in the scope of this contract. Therefore, the actual difference in cost for similar scope of services (year-to-year) is approximately $930,000. The increases to the contract, much of which is attributable to the rising costs of supplies and personnel ,are detailed as follows::
• Personnel: an increase in staffing costs of $661,239. These costs are due to the addition of two FTEs (1.0 Assistant Director and 1.0 Janitor) and cost of living adjustments for all employees.
• Supplies: increase in food and supplies cost in the amount of $226,041. The increase is attributed to one additional meal per day (from 2 to 3), camping supplies (which were previously procured by the City), additional hygiene supplies, and a new kitchen fee. • Admin/Indirect: The TSA contract includes a 10% administrative fee representing $40,240 in additional costs.
• Operation of the Armory Transportation Program: Another modification to the contract is the removal of the shuttle program from the TSA contract for FY 2024. Due to reasons outside of their control, TSA was unable to operate the shuttle program successfully on their own. The transportation program has been shared over the past year between TSA and the City. The costs associated with this program have remained the same because TSA has only invoiced the City for their share of the program costs. The transportation costs budgeted but not used by TSA have been utilized by the City to cover the City’s associated transportation costs (drivers and rental van). Although the budget was not impacted by this unexpected shift in transportation program operations, the City has incurred additional in-kind expenses as City staff had to step in to hire and supervise driver staff.

In addition, the cumbersome nature of having two entities operating different components of the transportation program has been insufficient and challenging. The costs for the transportation program have been removed from the FY 2024 TSA contract for operations and management of the City Overlook. Therefore, City staff have released a Request for Proposal (RFP) to seek a new outside vendor to operate the transportation program which is vital to the success of the City Overlook program. The RFP was released on May 26, 2023, with a submission deadline of June 26, 2023. Staff anticipates bringing a contract for Armory transportation services to City Council in early August.

The City Overlook shelter program is in its final year of grant funding (CA $14 M). Depending upon available funding in FY 2025, staff plans to issue an RFP specifically for shelter management and operations in accordance with the City’s standard procurement processes to ensure that the City is contracting with the most qualified vendors. Given the complexity and challenges associated with shelter operations, there are a limited number of vendors working in this field. The City and the County are collaborating to attempt to increase the regional vendor pool to enhance the competitive bid process.

The City Council has expressed concern with the operator costs associated with the program.

The County staff has recently conducted an estimate of cost per bed in an emergency shelter

11.2 program as $100/unit/night. Utilizing their methodology, the cost to operate the City Overlook would equal $4.9 million, or $36,500 per bed space. With this contract, utilizing the County’s methodology, the City’s cost is $30,000 per space.

FISCAL IMPACT: Funds to support the operations and management of the City Overlook will come from a portion of the $14 million California homelessness grant that has been carried over from FY 2023 in the amount of $4,048,426.19. At the writing of this report, the City has not heard if it has been awarded a CA Encampment Resolution Grant. If the City is successful, those funds will supplant the CA $14 million grant funds.

Shelter operations provided by TSA is just one component of the City Overlook program. The other two components include transportation and utilities/facilities. As noted earlier, a contract for transportation services will be brought forth at a future Council meeting. It is anticipated with the increase in the TSA contract, rising costs for utilities/facilities, and the new transportation contract, the program may exceed FY 2024 estimates by approximately $400,000.

A budget amendment will be included in the transportation contract if needed.

Prepared By:

Larry Imwalle
Homelessness Response
Manager
Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONTRACT.PDF

11.3 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 1
Professional Services Agreement With

THE SALVATION ARMY
For

OPERATIONS AND MANAGEMENT OF THE CITY OVERLOOK EMERGENCY SHELTER (JULY 2023 – JUNE 30, 2024)
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and The Salvation Army, a California Corporation (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of July 1, 2023 (the “Effective Date”).

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

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

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

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

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

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

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

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of

11.4 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 2
acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $4,048,426.19 without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

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

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees
SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE

11.5 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 3
The term of this Agreement shall be on the effective date of this Agreement and terminating on June 30, 2024. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement. It is expressly understood by the Parties hereto that this Agreement and its commencement is dependent and conditioned upon the execution and grant of a License Agreement (“License”) to the City from the California Military Department (the “State”) for use of the Santa Cruz Armory located at 301 Armory Rd., Santa Cruz, CA 95065-2101; and in the event that said License is not executed, this Agreement will not go into effect and the City incurs no responsibilities or liabilities under this Agreement.

Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

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

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

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date. However, this Agreement shall terminate immediately upon any termination of the License for any reason whatsoever, without any liability upon the City, its officials, officers, and employees.

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

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

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

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to

11.6 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 4
Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit C. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

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

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

SECTION 13: AMENDMENTS

11.7 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 5
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

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

SECTION 14: MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest lawsin performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest

11.8 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 6
code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.

Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

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

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

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

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

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

11.9 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 7
the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

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

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

11.10 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 8
CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

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

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

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

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

11.11 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 9
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.

Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

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

11.12 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 10

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

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

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

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

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

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

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

To CITY:

City Manager’s Office
Larry Imwalle
809 Center St., Rm 10
Santa Cruz, CA 95060
[email protected]
831-420-5405
To CONSULTANT:

The Salvation Army
Major Marcos Marquez
721 Laurel St.

Santa Cruz, CA 95060
[email protected]
831-426-8365
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

11.13 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 11
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 05/30/2023

11.14 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 12
EXHIBIT A: SCOPE OF WORK

SCOPE OF WORK OVERVIEW
The City of Santa Cruz (CITY) is entering into a contract with The Salvation Army, A California Corporation (CONTRACTOR), to provide emergency shelter services for unsheltered individuals experiencing homelessness.

CONTRACTOR shall provide 24-hour emergency shelter services, 7 days per week, located at 301 Armory Road in Santa Cruz with up to 135 shelter spaces. Double occupancy is permitted with consent of participants.

CONTRACTOR will determine eligibility criteria based on CONTRACTOR’s internal policies and guidelines.

Shelter services will include healthy, safe, and secure sleeping quarters; nutritious meals; access to bathroom and shower amenities; and permanent housing exit-focused linkages and referral services.

PERFORMANCE MEASUREMENTS
How Many Services
Will Be Provided? How Well Will Services Be Provided? Is Anyone Better Off? Provide shelter capacity
for up to 135 spots per
night.
100% of enrolled individuals shall have a completed
assessment and entry into HMIS within 14 days of
program enrollment.

Data Collection Tools: Monthly client reports &
Homelessness Management Information System
(HMIS)
10% of shelter
participants will exit
homelessness to a
permanent housing
destination.

Data Collection
Tool: HMIS

SERVICE PRINCIPLES
CONTRACTOR shall ensure the program adheres to Housing First, Trauma Informed Care, and Harm Reduction principles:

HOUSING FIRST
➢ CONTRACTOR shall conduct all emergency sheltering activities in adherence with the Core Components of Housing First, pursuant to State Welfare and Institution Code Section 8255(b). ➢ There are no requirements for sobriety, income, adherence to substance use treatment, mental health treatment, and/or participation in case management in order to receive shelter services. The focus is on shelter as a step towards permanent housing. CONTRACTOR shall work to ensure addiction and mental health issues do not become barriers to participation in the program, and that referrals are given to recovery providers for those that wish to seek help in confronting their behavioral health challenges.

TRAUMA INFORMED CARE (TIC)

1. TIC in a shelter is important because individuals currently experiencing homelessness are more likely to have experienced traumatic incidents in their lifetime than people in the general population.

CONTRACTOR response to behavioral incidents shall be guided by TIC principles and practice.

HARM REDUCTION

11.15 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 13
CONTRACTOR shall not mandate abstinence from drugs and alcohol or require treatment for mental health symptoms or substance use as a requirement for program eligibility. Responses to participant situations focus on behaviors related to the health and safety of the individual, other participants and staff in the shelter, and the intent is to keep someone in shelter safely while also ensuring the safety of staff and other shelter participants. Exits due to behavior are reserved for only the most severe incidents or when there are multiple incidents that continue to jeopardize the health and safety of participants and staff.

CITY RESPONSIBILITIES

1. CITY shall be responsible for the requisite infrastructure at the Armory site for CONTRACTOR to provide the services described in this scope of work including sanitation and hygiene facilities for 135 participants at any time.

2. CITY will provide maintenance of the site/structures as well as cover utility costs and responsibilities for the site, including refuse service.

CONTRACTOR RESPONSIBILITIES

1. CONTRACTOR shall:
a. Ensure the shelter site operates on a 24 hours/day, 7 days/week basis. b. Provide all shelter participants with a simple morning breakfast and a hot meal in the evening, daily. c. Supply all camping supplies for participants.
d. Not allow participants to congregate in a group or be outside between 10:00 pm. and 6:00 am. e. Provide each shelter participant a space of at least 6 feet between guests and to minimize personal belongings to allow for ingress and egress of guests and staff.

2. CONTRACTOR shall ensure that all participants with physical limitations receive the personal assistance needed to support accessibility to services.

3. CONTRACTOR shall ensure that all shelter participants are able to safely access and use all amenities at or brought to the site, such as portable toilets, hand washing stations and showers.

4. CONTRACTOR shall ensure that each participant is provided the following amenities:
a. Tent
b. Cot or mattress
c. Personal storage tote
d. Sanitary blankets and/or sleeping bags free of infestations i. Blankets will be laundered regularly, and stored in a manner that keeps them clean and out of contact with other shelter participants’ bedding.

11.16 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 14

5. CONTRACTOR shall ensure that its shelter program has Policies and Procedures that at a minimum include:
a. Shelter layout that meets all applicable government zoning and building requirements b. Participant behavioral expectations policy
c. Safety procedures
d. Parking policies
e. Pet policy
f. Public visitation policy
g. Neighborhood interface procedures
h. Shower policies
i. Janitorial/storage expectations
j. Written plan for responding to first aid and health emergencies including basic first aid supplies accessible on site
k. Written evacuation plan for emergencies, i.e. Fire, Earthquake. l. Organizational Chart depicting CONTRACTOR reporting structure and contact information for CONTRACTOR management personnel to be called for different types of problems, i.e. facilities, client behavior, emergency, etc.
m. Shelter staff position descriptions, responsibilities and expectations n. Information on required Service Principles as indicated in this contract o. Information on connections to mainstream services, referral and priority eligibility

6. CONTRACTOR shall ensure its staff can readily access Shelter Program Policies and Procedures for consistency and clarity in conducting contracted services.

7. CONTRACTOR shall maintain a healthy environment.
a. CONTRACTOR shall refer any participant with a suspected or known infectious disease to the Homeless Persons Health Project (866-731-HPHP).
b. CONTRACTOR shall immediately notify City of any incidents that resulted in a call to 911, including the nature of the call and the outcome of the incident by contacting Megan Bunch – [email protected] or (831) 420-5093.

8. CONTRACTOR shall ensure secure storage is available to all participants so that they may store valuables or specific items that are not allowed in community spaces within shelter sites. Examples of items would be

11.17 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 15
jewelry, personal medications, bulky items and any other items not allowed in community spaces within shelter sites.

9. CONTRACTOR shall work with authorized staff from the County of Santa Cruz to utilize approved systems for data collection and reporting, as well as participant and program assessment and evaluation.

10. CONTRACTOR shall utilize identified systems for data collection and reporting, as well as participant and program assessment and evaluation. Systems shall be approved by the Director or Manager, and reports from the system shall be provided to the CITY upon request.

11. CONTRACTOR shall take necessary steps to ensure participants do not create or their conduct constitute a nuisance in the immediate vicinity of the site.

12. CONTRACTOR shall ensure that pets of participants adhere to the established shelter pet policy.

13. Upon expiration or termination of this AGREEMENT, CONTRACTOR shall remove all decorations, display, signs or equipment from the site.

PERSONNEL & SITE SUPERVISION

1. CONTRACTOR shall recruit, hire and maintain minimum staffing levels as specified in “Exhibit B – Fee Schedule / Budget” at a skill set sufficient to perform all the duties required to work with referred or identify potentially eligible participants and ensure the following are accomplished:
➢ Assessment of all shelter applicants
➢ Shelter participants’ entrance to and exit from the program happen in a coordinated manner ➢ Appropriate oversight of shelter operations to ensure the health and safety of participants and staff

2. CONTRACTOR shall ensure all paid and volunteer staff are instructed on CONTRACTOR’s shelter policies and procedures, and that a policy and procedures manual is available on site.

CONNECTION TO ADDITIONAL SERVICES

1. CONTRACTOR shall ensure all participants receive an intake assessment, and that information on participants is entered into HMIS.

2. CONTRACTOR shall refer and link participants with appropriate community-based resources and programs to meet needs identified during the intake and assessment process. CONTRACTOR shall work to ensure participants attain resources to which they were referred by program staff.

3. CONTRACTOR shall ensure that participants receive transportation linkage and referral assistance when necessary to obtain appropriate community resources and support. ➢ To assist participants with disabilities to access transportation assistance, CONTRACTOR shall contact The Lift Line (https://communitybridges.org/liftline/) for disabled transportation assistance services or a similar free transportation service.

11.18 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 16

SYSTEMS FOR DATA COLLECTION
CONTRACTOR shall utilize the following approved systems for data collection and reporting, as well as participant and program assessment and evaluation.

HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)

1. CONTRACTOR shall utilize HMIS as the agreed upon collaborative system for program and participant data collection and reporting.

2. CONTRACTOR shall complete HMIS data entry for each participant that includes information sharing authorization, new client entry if needed, program intake assessment, participant update information, participant referral information, and participant exit information.

REFERRALS, ELIGIBILITY AND PRIORITY CRITERIA

BASIC REFERRAL CRITERIA

1. CONTRACTOR shall accept referrals of participants from the City. With consent from the City, Contractor may also accept referrals from the Coordinated Entry System (CES) or from County agencies in the event there are available beds.

2. CONTRACTOR shall ensure that all participants are provided information about the Homeward Bound program and offered Homeward Bound as a diversion option at program intake.

BASIC ELIGIBILITY CRITERIA FOR SHELTER SERVICES
The basic eligibility for entry into the program, as established by City, is that participants are individuals 18 or older and are experiencing homelessness (literally homeless, unsheltered).

REPORTING AND COORDINATION REQUIREMENTS

1. CONTRACTOR shall immediately notify CITY of any significant issues with program participants; time is of the essence. Significant issues include but are not limited to disciplinary or safety issues that impact participants’ shelter stay.

2. Training: CONTRACTOR shall ensure that personnel listed under “Exhibit B – Fee Schedule / Budget” are appropriately trained in Housing First, HMIS, Coordinated Entry, Trauma Informed Care, Harm Reduction, to facilitate their ability to utilize evidence-based Housing First and other best practices.

INVOICES

1. CONTRACTOR shall provide monthly invoices, using a template provided by the CITY, to document services costs based on the budget detailed in this scope of work and the attached Exhibit B – Fee Schedule / Budget document.

2. Monthly invoices shall be submitted via email to CITY authorized staff (Larry Imwalle, [email protected]) within 10 calendar days following the end of the month in which the services were provided.

BACK UP DOCUMENTATION AND REPORTING

1. CONTRACTOR shall provide required backup documentation on monthly contracted activities along with monthly invoices when submitted.

11.19 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 17

2. CONTRACTOR shall utilize the HMIS to enter, track and measure data on each participating individual, based on the Performance Measurement outcomes stated in this scope of work.

3. CONTRACTOR shall utilize monthly reports and other reports as needed, to enter, track and measure data not already captured within HMIS, based on the Performance Measurement outcomes stated in this scope of work.

4. CONTRACTOR is responsible for providing monthly reports, by the 15th of the subsequent month, to include:
• Census of participants (number of new and returning, and days of stay) • Participant demographics (age, gender, race & ethnicity) • Location of last permanent housing (City, zip code)
• Identified needs
• Bed capacity/utilization (with specifics for “overnight reservation” beds) • Staffing capacity
• Number of participants exiting the program and reason for exiting • County services (and non-profit organization) that have provided services onsite • List of incident reports (if any)

SCOPE OF WORK OR BUDGET MODIFICATION

1. Changes to the budget, including transfers between budget categories within a specific fiscal year may be made only through a budget modification, which must be requested to the CITY in writing by the CONTRACTOR in advance of the modification, providing the transfer is less than 30% (cumulative), is within a single budget suffix of the approved budget, and is within the total original fiscal year budget.

2. Budget modification requests must be received no later than May 15th of the fiscal year in which the budget modification is applicable and must have prior approval by CITY authorized staff to be approved.

ADDITIONAL TERMS AND CONDITIONS

1. Corrective Action: CONTRACTOR shall perform the agreed upon services detailed in this scope of work, submit timely invoices and reports, and work to meet agreed upon outcomes as detailed herein.

CONTRACTOR failure to provide any of these agreed upon terms may result in a Corrective Action request. Corrective Action requests will specify ongoing problems in the performance of these contract terms and a deadline by which to rectify problems and will also require the CONTRACTOR to submit a brief Corrective Action Plan detailing how ongoing problems will be resolved. Failure to adequately address steps outlined in the Corrective Action Plan may ·result in the withholding of payment on invoices and/or termination of the contract.

2. Federal Funding: CONTRACTOR certifies they are not suspended, debarred or proposed for debarment from receiving federal funds; declared ineligible to receive federal funds; or voluntarily excluded from participation in covered transactions by any federal department or agency.

3. Uninterrupted Provision of Services: In order to maintain uninterrupted services under this agreement, the CONTRACTOR shall ensure that the budgeted staffing for the contracted services are maintained, which

11.20 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 18
includes providing coverage for staff vacancies or leaves of more than two weeks. Additionally, CONTRACTOR program and direct service staff must be replaced within 90 days of the start of staffing vacancies.

4. Notification of Personnel Changes: In the event of key personnel changes or leaves of more than two weeks for positions funded by this agreement (e.g., program manager or assistant program manager), the CONTRACTOR shall report changes to the CITY within 10 business days of occurrence.

5. Instruction: The CONTRACTOR shall provide this Scope of Work to all of its employees who conduct activities under this contract, so that CONTRACTOR staff clearly understands expected activities per this agreement. The CONTRACTOR will train any new employees who work in any capacities related to the provisions of this contract, in the requirements of this contract.

6. Publicity and Outreach: The CONTRACTOR agrees to obtain CITY approval prior to use for all contracted program marketing materials, including but not limited to flyers, brochures, written success stories, social media posts, and website information. The CONTRACTOR shall ensure that the CITY logo and name are included on all contracted program marketing materials and will obtain these directly from CITY authorized staff for approved uses.

7. Media Inquiries: Should the CONTRACTOR receive press/media inquiries regarding the services provided through this contract, the CONTRACTOR shall notify the City’s Homelessness Communication Specialist of the inquiry, at [email protected] or at 831-420-5059. Press/media must also be referred directly to the Communications Specialist for additional information.

11.21 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 19
EXHIBIT B: FEE SCHEDULE / BUDGET
The approved Program budget provides annual costs. This contract is for the term of July 1, 2023 through June 30, 2024. The total amount payable under this agreement shall not exceed $4,048,426.19 Program participation will vary due to a number of factors. This variation in Program participation will impact the costs associated with Program operation. The approved Program budget is based on maximum participation of 135 beds at any point in time. Should participation be lower, the Program costs, and therefore, Contractor invoices, will also be lower. (For example, food service is primarily based on a per person cost, excluding kitchen rental fees.) It is therefore necessary that the Contractor provide accurate monthly reports and invoice monthly based on the associated costs incurred.

Contractor will invoice the City on or before the 15th of each month. Monthly invoices should include the following information and costs:
• Average number of Program participants for the invoicing month • Payroll costs with staff levels/hours for the invoicing month • Supply costs with list of supplies purchased to support the Program during the invoicing month

11.22 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 20
Location:

Shelby Account Number
Position Full Name Hourly or Salaried
Weeks per Year
Current Hourly WageHours
per Week
Planned Sal/Wage per Hour
Gross Wages Medical
7103
Retirement
7104
FICA
7201
Worker's Comp
7203
General
Liability
8403-102
Sexual Misconduc
t
9470
UltiPro Fee Month
8009
THQ Rates - Hard Coding Amounts 5.0% $966 10.000% 7.650% 2.086% 2.216% 0.00371 $ 15.00 Accountant Hourly F 52 25.73 40 $ 27.02 $ 56,194.32 $ 11,592.00 $ 5,619.43 $ 4,298.87 $ 1,172.21 $ 1,245.27 208.48$ $ 180.00 $ 80,510.58 HR Coordinator Hourly F 52 25.20 40 $ 26.46 $ 55,036.80 $ 11,592.00 $ 5,503.68 $ 4,210.32 $ 1,148.07 $ 1,219.62 204.19$ $ 180.00 $ 79,094.66 Director Hourly F 52 33.43 40 $ 35.10 $ 73,011.12 $ 11,592.00 $ 7,301.11 $ 5,585.35 $ 1,523.01 $ 1,617.93 270.87$ $ 180.00 $ 101,081.39 Asst. Director Hourly F 52 27.30 40 $ 28.67 $ 59,623.20 $ 11,592.00 $ 5,962.32 $ 4,561.17 $ 1,243.74 $ 1,321.25 221.20$ $ 180.00 $ 84,704.89 Asst. Director T , Hourly F 52 26.00 40 $ 27.30 $ 56,784.00 $ 11,592.00 $ 5,678.40 $ 4,343.98 $ 1,184.51 $ 1,258.33 210.67$ $ 180.00 $ 81,231.89 Asst. Director Hourly F 52 26.00 40 $ 27.30 $ 56,784.00 $ 11,592.00 $ 5,678.40 $ 4,343.98 $ 1,184.51 $ 1,258.33 210.67$ $ 180.00 $ 81,231.89 Caregiver Hourly F 52 23.57 40 $ 24.75 $ 51,476.88 $ 11,592.00 $ 5,147.69 $ 3,937.98 $ 1,073.81 $ 1,140.73 190.98$ $ 180.00 $ 74,740.06 Caregiver Hourly F 52 22.05 40 $ 23.15 $ 48,157.20 $ 11,592.00 $ 4,815.72 $ 3,684.03 $ 1,004.56 $ 1,067.16 178.66$ $ 180.00 $ 70,679.33 Caregiver Hourly F 52 22.00 40 $ 23.10 $ 48,048.00 $ 11,592.00 $ 4,804.80 $ 3,675.67 $ 1,002.28 $ 1,064.74 178.26$ $ 180.00 $ 70,545.76 Intake Worker i Hourly F 52 25.20 40 $ 26.46 $ 55,036.80 $ 11,592.00 $ 5,503.68 $ 4,210.32 $ 1,148.07 $ 1,219.62 204.19$ $ 180.00 $ 79,094.66 Intake Worker Hourly F 52 25.20 40 $ 26.46 $ 55,036.80 $ 11,592.00 $ 5,503.68 $ 4,210.32 $ 1,148.07 $ 1,219.62 204.19$ $ 180.00 $ 79,094.66 Lead Monitor (4:00pm-12:00am) Hourly F 52 21.00 40 $ 22.05 $ 45,864.00 $ 11,592.00 $ 4,586.40 $ 3,508.60 $ 1,016.35 956.72 $ 170.16$ $ 180.00 $ 67,874.22 Monitor (3:30pm-11:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (3:30pm-11:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (3:30pm-11:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (3:30pm-11:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Lead Monitor (12:00am-8:00am) Hourly F 52 21.00 40 $ 22.05 $ 45,864.00 $ 11,592.00 $ 4,586.40 $ 3,508.60 $ 1,016.35 956.72 $ 170.16$ $ 180.00 $ 67,874.22 Monitor (11:30pm-7:30am) Hourly F 52 20.35 40 $ 21.37 $ 44,444.40 $ 11,592.00 $ 4,444.44 $ 3,400.00 $ 927.11 $ 984.89 164.89$ $ 180.00 $ 66,137.72 Monitor (11:30pm-7:30am) , Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (11:30pm-7:30am) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Lead Monitor (8:00am-4:00pm) Hourly F 52 21.00 40 $ 22.05 $ 45,864.00 $ 11,592.00 $ 4,586.40 $ 3,508.60 $ 1,016.35 956.72 $ 170.16$ $ 180.00 $ 67,874.22 Monitor (7:30am-3:30pm) r Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (7:30am-3:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (7:30am-3:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor (7:30am-3:30pm) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor PT Misc. (AS NEEDED) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Monitor PT Misc. (AS NEEDED) Hourly F 52 20.00 40 $ 21.00 $ 43,680.00 $ 11,592.00 $ 4,368.00 $ 3,341.52 $ 911.16 $ 967.95 162.05$ $ 180.00 $ 65,202.69 Lead Monitor (4:00pm-12:00am) Hourly P 52 21.00 25 $ 22.05 $ 28,665.00 -$ 2,866.50 $ $ 2,192.87 $ 597.95 $ 635.22 106.35$ $ 180.00 $ 35,243.89 Monitor (3:30pm-11:30pm) Hourly P 52 21.00 25 $ 22.05 $ 28,665.00 -$ 2,866.50 $ $ 2,192.87 $ 597.95 $ 635.22 106.35$ $ 180.00 $ 35,243.89 Monitor (3:30pm-11:30pm) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (3:30pm-11:30pm) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (3:30pm-11:30pm) Hourly F 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Lead Monitor (12:00am-8:00am) Hourly P 52 21.00 25 $ 22.05 $ 28,665.00 -$ 2,866.50 $ $ 2,192.87 $ 597.95 $ 635.22 106.35$ $ 180.00 $ 35,243.89 Monitor (11:30pm-7:30am) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (11:30pm-7:30am) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (11:30pm-7:30am) Hourly F 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Lead Monitor (8:00am-4:00pm) Hourly P 52 21.00 25 $ 22.05 $ 28,665.00 -$ 2,866.50 $ $ 2,192.87 $ 597.95 $ 635.22 106.35$ $ 180.00 $ 35,243.89 Monitor (7:30am-3:30pm) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (7:30am-3:30pm) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (7:30am-3:30pm) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor (7:30am-3:30pm) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor PT Misc. (AS NEEDED) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Monitor PT Misc. (AS NEEDED) Hourly P 52 20.00 25 $ 21.00 $ 27,300.00 -$ 2,730.00 $ $ 2,088.45 $ 569.48 $ 604.97 101.28$ $ 180.00 $ 33,574.18 Cook/Server (12:00pm-9:00pm) Hourly F 52 20.35 40 $ 21.37 $ 44,444.40 $ 11,592.00 $ 4,444.44 $ 3,400.00 $ 927.11 $ 984.89 164.89$ $ 180.00 $ 66,137.72 Cook/Server (12:00pm-9:00pm) Hourly F 52 20.35 40 $ 21.37 $ 44,444.40 $ 11,592.00 $ 4,444.44 $ 3,400.00 $ 927.11 $ 984.89 164.89$ $ 180.00 $ 66,137.72 Cook/Server (12:00pm-9:00pm) Hourly F 52 19.00 40 $ 19.95 $ 41,496.00 $ 11,592.00 $ 4,149.60 $ 3,174.44 $ 865.61 $ 919.55 153.95$ $ 180.00 $ 62,531.15 Shelter Janitor Hourly F 52 18.00 40 $ 18.90 $ 39,312.00 $ 11,592.00 $ 3,931.20 $ 3,007.37 $ 820.05 $ 871.15 145.85$ $ 180.00 $ 59,859.62 TOTAL $ 1,933,342.32 $ 359,352.00 $ 193,334.23 $ 147,900.69 $ 40,329.52 $ 42,842.87 7,172.70$ $ 8,460.00 $ 1,933,342.32
$0 $ 359,352.00

0.000% $ 193,334.23

0.000% $ 147,900.69

0.000% $ 40,329.52

0.000% $ 42,842.87

0.000% $ 7,172.70
$0 $ 8,460.00 OVERTIME COMTINGENCY- 5% $ 96,667.12
$ 2,829,401.44
Workmen's Compensation (7203)- Total Salaries General Liability (8403-102)- Total Salaries Sexual Misconduct Insurance (9470)- Total Salaries
UltiPro Fee (8009)- Monthly
Total Payroll:

ADMINISTRATIVE

CAREGIVER
INTAKE

WEEKDAY MONITORS (FULL TIME)
Total Cost
Emergency Shelter 400
Total Salaries Medical Insurance Cost (7103)
Employee Retirement (7104)- Total Salaries
FICA (7201)- Total Salaries

WEEKEND MONITORS (PART TIME)

FOOD SERVICE

JANITORIAL
Santa Cruz Corps 2024 Staffing Table
The Salvation Army Benefit Costs Rates and Assessments Costs

11.23 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 21

ITEM QTY PRICE/UNIT TOTAL
Blankets (75 start + 20/4 quarters) 155 $ 20.00 $ 3,100.00 Hygiene (135/$.1 ea./365 days) $ 49,275.00
Food ($11.00/person/day)[$5-dinner,$3.00-lunch $3.00- Breakfast)Billed Per Diem) $ 542,025.00 Emergency Taxi Transportation ($2000/quarter) $ 8,000.00 Cleaning/Disinfecting/PPE Supplies ($150/month) $ 1,800.00 Kithchen Usage Fee ($50/day) $ 18,250.00
Office Supplies (150/month) $ 1,800.00
Emergency Clothing (Sweats/shirt/sweatshirt) ($25/set) 150 $ 25.00 $ 3,750.00 Staff CPR Training and certification $ 12,000.00
Employee Staff Shirts (2 per employee/$25 ea.) 120 $ 25.00 $ 3,000.00 Employee Staff hats (1 per employee/$20 eac) 60 $ 20.00 $ 1,200.00 Laundry Services ($10,000./mo) $ 120,000.00
6 tablets for intake (counting on breakage) 6 1,000.00 $ $ 6,000.00 Security Cameras $ 5,000.00
Supplies (Tents, cots, bins) $ 40,000.00
Commercial Washer/Dryer/Installation (for emergencies) $3,000 per unit x2 (5,000 electrical) $ 11,000.00 $ 826,200.00
$ 24,786.00
$ 850,986.00

FOOD & SUPPLIES SUBTOTAL

STAFFING SUBTOTAL

SUBTOTAL
10% Support/Admin Service Fee
TOTAL PROGRAM COST $ 4,048,426.19
Budget is based off of a 135 client capacity
$ 850,986.00
$ 2,829,401.44
$ 3,680,387.44
$ 368,038.74

COMPREHENSIVE SHELTER BUDGET

FOOD & SUPPLIES WORKSHEET
NOT INCLUDED IN THIS BUGET IS ARE INFRASTRUCTURE COSTS (including mats… most needing replacement) Subtotal
3% Misc. Supplies
FOOD & SUPPLIES TOTAL 11.24
City of Santa Cruz Professional Services Agreement for
Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 22
EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • AUTOMOBILE LIABILITY:

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

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:

11.25 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 23
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS

11.26 City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter June 2023 (Form Rev.01/23 ) Page 24
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Consultant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are named as additional insureds on insurance required from its contractor(s) and subcontractor(s).

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

11.27 Brittany Inclan
From: Big Joe 77 <[email protected]>
Sent: Friday, June 23, 2023 9:17 AM
To: City Council
Subject: Public Correspondence: June 27 Agenda Item 11: “City Overlook Emergency Shelter Operations and Management Contract Approval”
Honorable Mayor, Vice Mayor, and councilIt’s time to dispel the myth that the “Overlook Emergency Shelter Program” is successful. By your own data, 355 persons have entered the program, and 45 have moved on to more “permanent housing.” This means that the failure rate is about 4 to 1, as 175 persons have obviously not moved on in the right way.

Now, it seems as though this Overlook Program is going to cost nearly a million dollars more to operate than it did last year, and the transportation issue is still “at large.” Cost estimates for that part of the program look to run into the $750,000.00 range.

Serving the needs of less than 10% of the transients within the city limits, at such enormous cost with next to nothing to show for it isn’t good business. Nothing wrong with admitting defeat in the face of a challenging demographic, but it’s time to pull the plug on this avenue of human recovery.

Thank you for your time and consideration in this matter. --
Big Joe 77
Keepin' it Real
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

11.28 City Council

AGENDA REPORT
DATE: 06/08/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Manager
SUBJECT: Tier 3 Safe Parking Operations and Management Contract Approval (CM) RECOMMENDATION: Authorize the City Manager to execute a contract, in a form approved by the City Attorney, between the City of Santa Cruz and the Association of Faith Communities, in the amount of $430,161.60, to operate and manage the Tier 3 safe parking program.

BACKGROUND: With the adoption of the Oversized Vehicle Ordinance (OVO) in October 2021, the City Council directed staff to open a three-tiered safe parking program. In August of 2022, the City opened the Tier 3 program in the front parking lot of the National Guard Armory building, in upper DeLaveaga Park.

At the conclusion of a competitive bid process, a contract was approved by the City Council to operate Tier 3 of the safe parking program by The Free Guide, with fiscal sponsorship from the Association of Faith Communities (AFC). This 24/7 safe parking program provides free parking and wraparound supportive services to up to 20 oversized vehicles. The previous contract was in the amount of $392,348 for a one year term.

On May 11, 2023, the Coastal Commission approved a coastal development permit for one year.

The conditions of the approved permit require the continuation of the safe parking program, including the Tier 3, 24/7 program.

DISCUSSION: The Tier 3 of the three-tiered safe parking program has served 29 people to date. Program participants are provided a designated parking space, comprehensive case management and housing navigation, hygiene facilities, and access to transportation on and off site. At the writing of this report, six (6) Tier 3 participants have moved into more permanent housing locations.

The Tier 3 safe parking program was the first, and remains the only, 24/7 safe parking program in Santa Cruz County. The City, The Free Guide and AFC entered this new program model with both great expectations and an understanding that lessons would be learned with experience. As the team enters the second year of operations, many successes have been realized, such as obtaining housing for participants. Some challenges have also been identified, such as most participants are individuals who fall into the “chronically unhoused” category, a group that historically has been very difficult to rehouse.

12.1 This contract for program operations, with AFC as the fiscal sponsor and The Free Guide as the operator, is for $430,161.60 for a term of 12 months. This represents an increase of 9% from the previous contract. The increased costs are attributed to inflation and a modification of the staffing plan to meet the need for additional housing navigation support.

FISCAL IMPACT: Funds to support the operations and management of the Tier 3 safe parking program will come from the California homelessness $14 million grant funds that have been carried over from FY 2023, in the amount of $430,161.60.

Prepared By:

Larry Imwalle
Homelessness Response
Manager
Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONTRACT.PDF

12.2 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 1
Professional Services Agreement With

ASSOCIATION OF FAITH COMMUNITIES (AFC)
For OPERATION AND MANAGEMENT OF THE TIER 3 SAFE PARKING PROGARM THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Association of Faith Communities (AFC) (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of July 1, 2023 (the “Effective Date”).

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

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

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

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

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

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

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

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

12.3 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $430,161.60. without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

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

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

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

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on June 30, 2024.

12.4 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 3
Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

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

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

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

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

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

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

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

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit C. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

12.5 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 4
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

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

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

SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

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

12.6 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 5
SECTION 14: MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest lawsin performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.

Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise

12.7 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 6
from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

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

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users;

12.8 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 7
and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

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

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

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

12.9 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 8

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

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

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any

12.10 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 9
kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.

Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

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

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

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

12.11 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 10

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

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

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

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

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

To CITY:

City Manager’s Office
Larry Imwalle
809 Center St., Rm 10
Santa Cruz, CA 95062
[email protected]
831-420-5405
To CONSULTANT:

Association of Faith Communities (AFC)
Judy Hutchison
532 Center Street
Santa Cruz, CA 95060
[email protected]
831-226-4788
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

12.12 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 11
Signature Requirements for Nonprofit Corporation:
2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer -----------------------------
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

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

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 5-30-2023

12.13 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 12
EXHIBIT A: SCOPE OF WORK

SCOPE OF WORK OVERVIEW
The City of Santa Cruz (CITY) is entering into a contract with Association of Faith Communities (AFC) A California Corporation (CONTRACTOR), to operate a Safe Parking Program for unsheltered individuals living in their vehicles.

CONTRACTOR shall operate a 24-hour emergency safe parking program, 7 days per week, located at 301 Armory Road in Santa Cruz. The safe parking program will be sited at the Armory north parking lot (within the fenced area) for up to 20 oversized vehicles. Services will include safe and secure parking spots; access to bathroom and shower amenities; and case management aimed at permanent housing exit-focused linkages and referral services.

PERFORMANCE MEASUREMENTS
How Many Services
Will Be Provided? How Well Will Services Be Provided? Is Anyone Better Off? A minimum of 17
unduplicated
individuals will
receive program
services per night
during the contract
period.
100% of enrolled participants will have a
completed assessment and entry into HMIS
within 14 days of program enrollment.

Data Collection Tools: Monthly client
reports & Homelessness Management
Information System (HMIS)
20% of program participants will exit
homelessness to a permanent housing
destination within 12 months.
60% of program participants will have
become housing ready within 12 months.
70% of program participants will have a
documented instance of overcoming a
housing barrier within 4 months of
entering the program.

Data Collection Tool: HMIS

SERVICE PRINCIPLES
CONTRACTOR shall ensure the program adheres to Housing First, Trauma Informed Care, and Harm Reduction principles:

HOUSING FIRST
➢ CONTRACTOR shall conduct all emergency sheltering activities in adherence with the Core Components of Housing First, pursuant to State Welfare and Institution Code Section 8255(b). ➢ There are no requirements for sobriety, income, adherence to substance use treatment, mental health treatment, and/or participation in case management in order to receive shelter services. The focus is on shelter as a step towards permanent housing. CONTRACTOR shall work to ensure addiction and mental health issues do not become barriers to participation in the program, and that referrals are given to recovery providers for those that wish to seek help in confronting their behavioral health challenges.

12.14 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 13

TRAUMA INFORMED CARE (TIC)

1. TIC in a shelter is important because individuals currently experiencing homelessness are more likely to have experienced traumatic incidents in their lifetime than people in the general population.

CONTRACTOR response to behavioral incidents shall be guided by TIC principles and practice.

HARM REDUCTION
CONTRACTOR shall not mandate abstinence from drugs and alcohol or require treatment for mental health symptoms or substance use as a requirement for program eligibility. Responses to participant situations focus on behaviors related to the health and safety of the individual, other participants and staff in the shelter, and the intent is to keep someone in shelter safely while also ensuring the safety of staff and other shelter participants. Exits due to behavior are reserved for only the most severe incidents or when there are multiple incidents that continue to jeopardize the health and safety of participants and staff.

CITY RESPONSIBILITIES

1. CITY shall be responsible for the requisite infrastructure at the Armory north parking lot site for CONTRACTOR to provide the services described in this scope of work including sanitation and hygiene facilities.

2. CITY will provide maintenance of the site/structures as well as cover utility costs and responsibilities for the site, including refuse service.

CONTRACTOR RESPONSIBILITIES

1. CONTRACTOR shall:
a. Ensure the safe parking program operates on a 24 hours/day, 7 days/week basis. b. Provide all shelter participants with case management services including housing navigation and connection to County services
c. Not allow participants to congregate in a group or be outside between 10:00 pm. and 6:00 am. d. Provide each shelter participant a space of at least 6 feet between guests and minimize personal belongings to allow for ingress and egress of guests and staff.

1. CONTRACTOR shall ensure that all participants with physical limitations receive the personal assistance needed for personal care needs, such as cleaning, bathing, moving into or out of wheelchairs, or changing clothes, as well as getting into/out of transportation vehicles.

2. CONTRACTOR shall ensure that all shelter participants are able to safely access and use all amenities at or brought to the site, such as portable toilets, hand washing stations and showers.

3. CONTRACTOR shall ensure that its safe parking program has Policies and Procedures that at a minimum include:
a. Shelter layout that meets all applicable government zoning and building requirements

12.15 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 14
b. Shelter requirements
c. Safety procedures
d. Parking policies
e. Pet policy
f. Public visitation policy
g. Neighborhood interface procedures
h. Shower policies
i. Janitorial/storage expectations
j. Written plan for responding to first aid and health emergencies including basic first aid supplies accessible on site
k. Written evacuation plan for emergencies, i.e., Fire, Earthquake. l. Organizational Chart depicting CONTRACTOR reporting structure and contact information for CONTRACTOR management personnel to be called for different types of problems, i.e., facilities, client behavior, emergency, etc.
m. Shelter staff position descriptions, responsibilities, and expectations n. Information on required Service Principles as indicated in this contract o. Information on connections to mainstream services, referral, and priority eligibility

4. CONTRACTOR shall ensure its staff can readily access Shelter Program Policies and Procedures for consistency and clarity in conducting contracted services.

5. CONTRACTOR shall maintain a healthy environment.
a. CONTRACTOR shall refer any participant with a suspected or known infectious disease to the Homeless Persons Health Project (866-731-HPHP).
b. CONTRACTOR shall immediately notify City of any incidents that resulted in a call to 911, including the nature of the call and the outcome of the incident by contacting Megan Bunch – [email protected] or (831) 420-5093.

6. CONTRACTOR shall utilize identified systems for data collection and reporting, as well as participant and program assessment and evaluation. Systems shall be approved by the Director, and reports from the system shall be provided to the CITY upon request.

12.16 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 15

7. CONTRACTOR shall take necessary steps to ensure participants do not create or their conduct constitute a nuisance in the immediate vicinity of the site.

8. CONTRACTOR shall ensure that pets of participants adhere to the established shelter pet policy.

9. Upon expiration or termination of this AGREEMENT, CONTRACTOR shall remove all decorations, display, signs, or equipment from the site.

PERSONNEL & SITE SUPERVISION

1. CONTRACTOR shall recruit, hire, and maintain minimum staffing levels as specified in “Exhibit B– Budget” at a skill set sufficient to perform all the duties required to work with referred or identify potentially eligible participants and ensure the following are accomplished:
➢ Assessment of all safe parking applicants
➢ Safe parking participants’ entrance to and exit from the program happen in a coordinated manner ➢ Appropriate oversight of safe parking operations to ensure the health and safety of participants and staff

2. CONTRACTOR shall ensure all paid and volunteer staff are instructed on CONTRACTOR’s shelter policies and procedures, and that a policy and procedures manual is available on site.

CONNECTION TO ADDITIONAL SERVICES

1. CONTRACTOR shall ensure all participants receive an intake assessment, and that information on participants is entered into HMIS.

2. CONTRACTOR shall refer and link participants with appropriate community-based resources and programs to meet needs identified during the intake and assessment process. CONTRACTOR shall work to ensure participants attain resources to which they were referred by program staff.

3. CONTRACTOR shall ensure that participants receive transportation linkage and referral assistance when necessary to obtain appropriate community resources and support. ➢ To assist participants with disabilities to access transportation assistance, CONTRACTOR shall contact The Lift Line (https://communitybridges.org/liftline/) for disabled transportation assistance services or a similar free transportation service.

SYSTEMS FOR DATA COLLECTION
CONTRACTOR shall utilize the following approved systems for data collection and reporting, as well as participant and program assessment and evaluation.

HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)

1. CONTRACTOR shall utilize HMIS as the agreed upon collaborative system for program and participant data collection and reporting.

12.17 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 16

2. CONTRACTOR shall complete HMIS data entry for each participant that includes information sharing authorization, new client entry if needed, program intake assessment, participant update information, participant referral information, and participant exit information.

REFERRALS, ELIGIBILITY AND PRIORITY CRITERIA

BASIC REFERRAL CRITERIA

1. CONTRACTOR shall accept referrals of participants from the City. With consent from the City, Contractor may also accept referrals from the Coordinated Entry System (CES) or from County agencies in the event there are available beds.

2. CONTRACTOR shall ensure that all participants are provided information about the Homeward Bound program and offered Homeward Bound as a diversion option at program intake.

BASIC ELIGIBILITY CRITERIA FOR SHELTER SERVICES
The basic eligibility for entry into the program, as established by City, is that participants are living in their vehicles while experiencing homelessness (literally homeless, unsheltered other than vehicle).

REPORTING AND COORDINATION REQUIREMENTS

1. CONTRACTOR shall immediately notify CITY of any significant issues with program participants; time is of the essence. Significant issues include but are not limited to disciplinary or safety issues that impact participants’ shelter stay.

2. Training: CONTRACTOR shall ensure that personnel listed under “Exhibit B – Budget” are appropriately trained in Housing First, HMIS, Coordinated Entry, Trauma Informed Care, Harm Reduction, to facilitate their ability to utilize evidence-based Housing First and other best practices.

INVOICES

1. CONTRACTOR shall provide monthly invoices, using a template provided by the CITY, to document services costs based on the budget detailed in this scope of work and the attached Exhibit B - Budget document.

2. Monthly invoices shall be submitted via email to CITY authorized staff (Larry Imwalle, [email protected]) within 10 calendar days following the end of the month in which the services were provided.

BACK UP DOCUMENTATION AND REPORTING

1. CONTRACTOR shall provide required backup documentation on monthly contracted activities along with monthly invoices when submitted.

2. CONTRACTOR shall utilize the HMIS to enter, track and measure data on each participating individual, based on the Performance Measurement outcomes stated in this scope of work.

3. CONTRACTOR shall utilize monthly reports and other reports as needed, to enter, track and measure data not already captured within HMIS, based on the Performance Measurement outcomes stated in this scope of work.

4. CONTRACTOR is responsible for providing monthly reports, by the 15th of the subsequent month, to include:

12.18 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 17
• Census of participants (number of new and returning, and days of stay) • Participant demographics (age, gender, race & ethnicity) • Location of last permanent housing (City, zip code)
• Identified needs
• Bed capacity/utilization (with specifics for “overnight reservation” beds) • Staffing capacity
• Number of participants exiting the program and reason for exiting • County services (and non-profit organization) that have provided services onsite • List of incident reports (if any)

SCOPE OF WORK OR BUDGET MODIFICATION

1. Changes to the budget, including transfers between budget categories within a specific fiscal year may be made only through a budget modification, which must be requested to the CITY in writing by the CONTRACTOR in advance of the modification, providing the transfer is less than 30% (cumulative), is within a single budget suffix of the approved budget, and is within the total original fiscal year budget.

2. Budget modification requests must be received no later than May 15th of the fiscal year in which the budget modification is applicable and must have prior approval by CITY authorized staff to be approved.

ADDITIONAL TERMS AND CONDITIONS

1. Corrective Action: CONTRACTOR shall perform the agreed upon services detailed in this scope of work, submit timely invoices and reports, and work to meet agreed upon outcomes as detailed herein.

CONTRACTOR failure to provide any of these agreed upon terms may result in a Corrective Action request. Corrective Action requests will specify ongoing problems in the performance of these contract terms and a deadline by which to rectify problems and will also require the CONTRACTOR to submit a brief Corrective Action Plan detailing how ongoing problems will be resolved. Failure to adequately address steps outlined in the Corrective Action Plan may ·result in the withholding of payment on invoices and/or termination of the contract.

2. Federal Funding: CONTRACTOR certifies they are not suspended, debarred, or proposed for debarment from receiving federal funds; declared ineligible to receive federal funds; or voluntarily excluded from participation in covered transactions by any federal department or agency.

3. Uninterrupted Provision of Services: In order to maintain uninterrupted services under this agreement, the CONTRACTOR shall ensure that the budgeted staffing for the contracted services is maintained, which includes providing coverage for staff vacancies or leaves of more than two weeks. Additionally, CONTRACTOR program and direct service staff must be replaced within 90 days of the start of staffing vacancies.

4. Notification of Personnel Changes: In the event of key personnel changes or leaves of more than two weeks for positions funded by this agreement (e.g., program manager or assistant program manager), the CONTRACTOR shall report changes to the CITY within 10 business days of occurrence.

5. Instruction: The CONTRACTOR shall provide this Scope of Work to all of its employees who conduct activities under this contract, so that CONTRACTOR staff clearly understands expected activities per this

12.19 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 18
agreement. The CONTRACTOR will train any new employees who work in any capacities related to the provisions of this contract, in the requirements of this contract.

6. Publicity and Outreach: The CONTRACTOR agrees to obtain CITY approval prior to use for all contracted program marketing materials, including but not limited to flyers, brochures, written success stories, social media posts, and website information. The CONTRACTOR shall ensure that the CITY logo and name are included on all contracted program marketing materials and will obtain these directly from CITY authorized staff for approved uses.

7. Media Inquiries: Should the CONTRACTOR receive press/media inquiries regarding the services provided through this contract, the CONTRACTOR shall notify the Homelessness Communication Specialist of the inquiry, at [email protected] or at 831-420-5059. Press/media must also be referred directly to the Communications Specialist for additional information.

12.20 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 19
EXHIBIT B: FEE SCHEDULE
The total amount payable under this agreement shall not exceed $430,161.60.

Program participants will vary due to a number of factors. This variation in Program participation will impact the costs associated with Program operations. The approved Program budget (below) is based on maximum participation of 20 vehicles. Should participation be lower, the Program costs, and therefore, Contractor invoices, will also be lower. It is therefore necessary tat the Contractor provide accurate monthly reports and invoice monthly based on the associated costs incurred.

Contractor will invoice the City on or before the 15th of each month. Monthly invoices should include the following information and costs:
• Average number of Program participants for the invoicing month • Payroll costs with staff levels/house for the invoicing month Supply costs with list of supplies purchased to support the Program during the invoicing month Budget

12.21 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 20
EXHIBIT C:INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • AUTOMOBILE LIABILITY:

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

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

12.22 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 21
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
• PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

12.23 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2023 (Form Rev.01/23) Page 22
• SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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

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

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

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

D. SUBCONTRACTORS
Consultant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Consultant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are named as additional insureds on insurance required from its contractor(s) and subcontractor(s).

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

12.24 City Council

AGENDA REPORT
DATE: 06/06/2023
AGENDA OF: 06/27/2023
DEPARTMENT: City Council
SUBJECT: Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Sacramento September 20 - 22, 2023 (CN)
RECOMMENDATION: Motion to designate Vice Mayor Golder as the voting delegate, and Councilmember Brunner as the alternate, in the event that Vice Mayor Golder is unavailable, to attend the League of California Cities Annual Conference in Sacramento.

BACKGROUND: None.

DISCUSSION: This year’s League of California Cities (LOCC) Annual Conference is scheduled for Wednesday, September 20, 2023 through Friday, September 22, 2023 in Sacramento.

One very important aspect of the conference is the session to consider and take action on conference resolutions. This session is scheduled for Friday, September 22. Annual conference resolutions guide cities and the LOCC in their efforts to improve the quality, responsiveness, and vitality of local government in California. It is therefore important that all cities be represented.

Although each member city has a right to cast one vote, at this time, the LOCC has asked that each city council designate a voting delegate and up to two alternates in the event that the voting delegate is unavailable so that proper records may be established.

FISCAL IMPACT: Funds have been budgeted to pay for City Council meeting/travel expenses.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Fred Keeley
Mayor
ATTACHMENTS:

1. LEAGUE OF CALIFORNIA CITIES LETTER DATED JUNE 21, 2023.PDF

13.1 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

13.2 Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

13.3 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

13.4 CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

13.5 Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

13.6 City Council

AGENDA REPORT
DATE: 06/08/2023
AGENDA OF: 06/13/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: First Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (ED)
RECOMMENDATION: Authorize the City Manager to execute the First Amendment to Graffiti Abatement Services Agreement, and any amendments thereto, in a form approved by the City Attorney, with Graffiti Protective Coatings, Inc., increasing the not to exceed amount from $125,000 to $147,000 for FY 2023 and extending service through FY 2024 in an amount of $147,688.

BACKGROUND: In 2003 the Redevelopment Agency established a graffiti abatement program using volunteers and a private contractor to remove graffiti. Over the years, the number of graffiti removal reports increased and it became more cost efficient to contract for graffiti abatement services. Since 2006, Economic Development and Housing, Parks and Recreation, Public Works, and the Water Departments have contributed funds for graffiti removal services.

In April 2022, the Economic Development and Housing Department solicited bids for a graffiti abatement services contract and received one proposal from Graffiti Protective Coatings, Inc. (GPC). In June 2022, Council awarded the contract to GPC for a one-year term, with the option to renew the Agreement for two (2) additional (1) year periods.

DISCUSSION: GPC has been the City’s abatement contractor for over ten years and has provided excellent graffiti abatement services. They remove graffiti and restore surfaces to their orignial condition. When paint is used for removal, they provide a 99% paint color match. For each tag, GPC provides before and after photos that show their quality of work. From July 2022 to May 2023, GPC has responded to over 4,500 tags. This is an increase of over 10% from last fiscal year. To cover the remainder of FY 2023, staff recommends executing an amendment to the FY 2023 agreement, increasing the not to exceed amount from $125,000 to $147,000.

Additionally, based on GPC’s exceptional work, staff recommends exercising the option to renew the agreement for a one-year term through FY 2024, in an amount not to exceed $147,688.

This cost is based on the estimated number of graffiti removal work orders and the annual percentage change in the Consumer Price Index, as described in the original agreement.

FISCAL IMPACT: Economic Development and Housing, Parks and Recreation, Public Works, and Water Departments have included funds for graffiti abatement services in the FY 2023 and FY 2024 budgets.

14.1 Prepared By:

Jennifer Shelton
Principal Management
Analyst
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FIRST AMENDMENT FOR GRAFFITI ABATEMENT SERVICES.PDF

14.2 First Amendment to Graffiti Abatement Services Agreement June 2023 Page 1

FIRST AMENDMENT TO GRAFFITI ABATEMENT SERVICES AGREEMENT THIS FIRST AMENDMENT (“First Amendment”), effective as of June 30, 2023, to the Graffiti Abatement Services Agreement (“Agreement”) dated July 1, 2022, is made by and between the CITY OF SANTA CRUZ (“City”) and Graffiti Protective Coatings, Inc. (“Contractor”). City and Contractor may be referred to individually as a “Party,” and collectively, as the “Parties.”

RECITALS
WHEREAS, the Parties agree to revise the prior budget in the Agreement for Fiscal Year (FY) 2023 by entering into this First Amendment to the Agreement;
WHEREAS, Section “IV. SCHEDULE FOR COMPLETION” (“Section IV”) of the Agreement allows the City to extend the term of the Agreement by exercising an option to renew the Agreement for two (2) additional one (1) year periods under the same contractual terms and conditions of the Agreement, except for any applicable adjustment to the cost of services, and as otherwise agreed to by the parties; WHEREAS, City and Contractor wish to renew the terms and conditions of the Agreement for one (1) additional, one (1) year period for FY 2024, pursuant to Section IV of the Agreement, by entering into this First Amendment to the Agreement;
WHEREAS, City and Contractor also wish to adjust the cost of services of the Agreement for the renewal period, FY 2024, by entering into this First Amendment to the Agreement; WHEREAS, City and Contractor wish to revise the scope of work of the Agreement for FY 2024, by entering into this First Amendment to the Agreement.

NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:

1. Amendment of FY 2023 Budget. The Parties agree to revise the total cost of services in Section III. Compensation of the Agreement entered into July 1, 2022. The new total cost of services shall not exceed the budget amount of $147,000.00.

2. Amendment of Initial Term: Renewal for FY 2024. The Parties agree to renew the term of the Agreement for one additional year for FY 2024, effective on June 30, 2023, leaving one remaining option to renew the Agreement for another one year period. As such, the Parties hereby amend and restate Section IV of the Agreement in its entirety to read as follows:
“IV. SCHEDULE FOR COMPLETION
The term of this Agreement shall be on the effective date of this Agreement and terminating on June 30, 2024. The City may extend the term of the Agreement by exercising an option to renew the Agreement for one (1) additional one (1) year period under the same contractual terms and conditions, except for any applicable adjustment to the cost of services as set forth above, and as otherwise agreed to by the parties. Contractor shall begin work upon notice from the City.”

14.3 First Amendment to Graffiti Abatement Services Agreement June 2023 Page 2

3. Amendment of Cost of Services for FY 2024. The Parties hereby amend the cost of services as stated in Section III. Compensation of the Agreement, which allows the cost of services for any renewal of the Agreement to be adjusted based on the percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for San Francisco-Oakland-Hayward CA for the prior twelve month period based on the CPI-U published in April of the same year as the effective date of the renewed term.

The first two sentences in the first paragraph of this Section III. Compensation shall thus be amended and replaced with the following:
“The cost of said services shall not exceed $32.66 per location per 300 square foot area for surfaces using the same cleaning method and graffiti removal including reimbursables, based upon the scope of work set forth in Exhibit A with a minimum daily charge of $245.38 if Contractor is required on any given day when dispatched by the City. If there are two or more work orders within a 300 square foot area that require different cleaning methods, they may be invoiced as separate charges. The total costs of services will not exceed $147,688.00 for the term of this Agreement.”

4. Amendment of Scope of Work for FY2024. The Parties hereby amend Exhibit A Scope of Work of the Agreement to add the following under the list for which “Contractor will remove graffiti for City departments, including by not limited to the following:
“Water – water equipment and property in water service areas located outside the City of Santa Cruz”
“Contractor may have up to one user account on City’s Community Request for Services Portal (CRSP) application to review daily graffiti abatement work. Contractor may review graffiti reports and be able to access or transfer data required to log work orders daily which includes address, picture(s), and written description of reported graffiti, and property type (e.g. public, private, unknown).

Contractor is responsible for updating the status of work orders in CRSP to “Completed” when graffiti has been removed, or “Unable to be Completed” when the Contractor is unable to remove graffiti, uploading “before and after” photos , and adding notes, as CRSP allows. City may provide Contractor the option to connect through an application programming interface (API) to City’s CRSP system, to meet above requirement, while following and maintaining the City’s data security protocols. If City does not provide an API option, it does not eliminate the Contractor’s responsibilities to meet the above requirements.”

5. No Other Changes. Except as otherwise amended by this First Amendment, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

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

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

14.4 First Amendment to Graffiti Abatement Services Agreement June 2023 Page 3

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

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

IN WITNESS WHEREOF, the City and Contractor have executed this First Amendment effective as of the date first written above.

Signature Requirements for Business Entity:

Corporation - 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):
- Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President - Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer Approved As To Form:

By: _____________________________ Date: ___________
Office of City Attorney
CONTRACTOR - GRAFFITI PROTECTIVE COATINGS, INC.

By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ By: _____________________________ Date: ______________ ____ Printed: _________________________ Title: _________________________

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager
6-08-2023

14.5 City Council

AGENDA REPORT
DATE: 06/07/2023
AGENDA OF: 06/27/2023
DEPARTMENT: Finance
SUBJECT: Proposition 4 Appropriations Limit Adjustment Factors (FN) RECOMMENDATION: Resolution approving the selection of the annual adjustment factors to be utilized in the calculation of the City’s Proposition 4 Appropriations Limit based on the adopted budget for FY 2024, with amendments thereto, if any.

BACKGROUND: In 1979, the voters of California approved Proposition 4, also known as the GANN Initiative. This initiative, now Article XIIIB of the State Constitution, was drafted as a companion measure to Proposition 13, which is Article XIIIA of the Constitution. Basically, Article XIIIB establishes a limit on annual appropriations, or spending limit, for all governmental entities in the State of California.

To comply with Article XIIIB, the City Council is required to select the adjustment factors in both price and population to be used in making the actual calculation of the Appropriations Limit. The Appropriation Limit is determined by multiplying the limit for the prior year by either the percentage change in (a) per capita personal income or (b) non-residential new construction assessed value, and then multiplying the figure resulting from this step by either the percentage change in (a) City population or (b) County population. That figure then becomes the Appropriations Limit for the new fiscal year. The appropriations subject to the limit are those General Fund expenditures that are funded by general taxes. Pursuant to government Code Section 37200, the Appropriations Limit and the total Appropriations Subject to limitation must be published in the annual budget.

DISCUSSION: The City Council is being asked at this time to approve the selection of the adjustment factors that will be used to prepare the appropriations limit calculation. As noted above, the two factors to be selected fall into the categories of price and population. Staff recommends the selection of the change in California per capita personal income (4.44%) for the price category and the selection of the change in City population (-0.4%) for the population category as the adjustment factors, because these selections will maximize the Appropriations Limit and provide the City with a higher ceiling for adopting future City budgets.

Using these factors, and as shown on the attached schedule, the appropriations limit is calculated to be $199,169,061. The City’s spending level is well below this limit.

FISCAL IMPACT: There is no fiscal impact to any city funds. Calculation is required to show that the portion of the City’s adopted budget which is subject to the limit does not exceed the

15.1 Appropriations Limit under Proposition 4. The City’s appropriations that are subject to the limit are approximately $104.6 million below the limit for FY 2024.

Prepared By:

Emily Burton
Management Analyst
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. FY 2024 COMPUTATION OF APPROPRIATIONS LIMIT.PDF

3. DETERMINATION OF PROCEEDS OF TAXES.PDF

15.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING

THE SELECTION OF THE ANNUAL ADJUSTMENT FACTORS USED IN THE CALCULATION OF THE CITY’S PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024
WHEREAS, Proposition 111 requires a recorded vote by the Council regarding which annual adjustment factors will be used in the City’s calculation of the Proposition 4 limitation beginning with budget year 1990-91;
WHEREAS, it is in the City’s best interest to select the factors with the largest increase; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby selects the 4.44% increase in California per capita personal income for the price factor and selects the City of Santa Cruz population growth of -0.4% for the population factor to be used as the annual adjustment factors in the calculation of the City’s Proposition 4 Appropriations Limit for Fiscal Year 2024.

PASSED AND ADOPTED this 27th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

15.3 Calculation of Spending Limit
Last Year's Appropriations Limit (FY 2022-23) $ 191,467,841 Adjustment Factors:

A. Change in Population - City 0.996000
B. Change in California per Capita Personal Income 1.044400 A times B 1.04022
Total Adjustment Percentage (A times B) 4.0222%
Total Adjustment Dollars 7,701,220
New Appropriations Limit For Fiscal Year 2022-23 $ 199,169,061 Appropriations Compared To Limit
Projected Proceeds From Taxes $ 96,985,845
Less: Federal Mandates $ 1,254,502
Qualified Capital Outlays -
Debt Service Appropriations 1,130,735
Total Exclusions 2,385,237
Appropriations Subject to Limit For Fiscal Year 2023-24 94,600,608 Appropriations Limit For Fiscal Year 2023-24 199,169,061 Amount Over / (Under) Appropriations Limit $ (104,568,453)

CITY OF SANTA CRUZ

APPROPRIATIONS SPENDING LIMIT
PROP 4 - GANN LIMIT
BASED ON 2024 ADOPTED BUDGET

15.4 Proceeds Non-Proceeds
of Taxes of Taxes Total
General Fund Taxes
Property Taxes $ 27,144,527 $ - $ 27,144,527
Sales and Use Taxes 27,874,000 - 27,874,000
Business License Taxes 948,200 - 948,200
Franchise Taxes 4,375,900 - 4,375,900
Utility Users' Tax 12,493,500 - 12,493,500
Transient Occupancy Tax 12,943,498 - 12,943,498
Admissions Tax 2,388,200 - 2,388,200
Cannibas Tax 2,092,500 - 2,092,500
Property Transfer Tax 296,100 - 296,100
Parking Lot Tax 710,700 - 710,700
CRM Assessment 220,000 - 220,000
General Fund License & Permits
Construction Permits - 936,000 936,000
Other Licenses and Permits - 550,200 550,200
General Fund Intergovernmental
Federal - 94,550 94,550
State - Homeowner's Property Tax Relief 80,000 - 80,000 State - Measure D SCCRTC 34,000 34,000
State - Motor Vehicle In-Lieu 75,000 - 75,000
State - Other - 205,000 205,000
Local - 30,000 30,000
General Fund Charges for Services
General Government - 1,678,550 1,678,550
Public Safety - 5,873,615 5,873,615
Culture and Recreation - 4,466,687 4,466,687
Public Works - 2,004,300 2,004,300
Community and Economic Development - 33,000 33,000
Library - 551,533 551,533
Interfund Charges - 18,196,365 18,196,365
Miscellaneous Charges for Services - 800 800
General Fund Other Revenues:

Fines and Forfeits - 1,183,600 1,183,600
Rents and Royalties - 6,516,271 6,516,271
Contributions and Donations - 16,450 16,450
Other Miscellaneous Revenues - 517,185 517,185
Interfund Transfers In - 1,355,604 1,355,604
Proceeds of Asset Dispositions - 1,500 1,500
Loan Principal Receipts - 34,359 34,359
Other Funds Revenue
State Highway Funds - Gas Tax - 3,014,467 3,014,467
State Highway Funds - Measure D City 1,587,401 - 1,587,401 Housing and Community Development Funds - 2,316,720 2,316,720 Other Special Revenue Funds 635,000 1,200,000 1,835,000 Capital Projects Funds 1,955,611 43,084,000 45,039,611
Debt Service Funds - 911,441 911,441
SUB-TOTAL 96,335,137 95,485,331 191,820,468
Interest Earnings 650,708 677,810 1,328,518
GRAND TOTAL $ 96,985,845 $ 96,163,141 $ 193,148,986

CITY OF SANTA CRUZ

CALCULATION OF PROCEEDS OF TAXES
PROP 4 - GANN LIMIT
BASED ON 2024 ADOPTED BUDGET
Determination of Proceeds of Taxes

15.5 City Council

AGENDA REPORT
DATE: 06/07/2023
AGENDA OF: 06/27/2023
DEPARTMENT: Finance
SUBJECT: Award Contract for Safety Footwear (FN)
RECOMMENDATION: Motion to:
1) Award a contract for citywide purchases for safety footwear to Beck’s Shoes, Inc., Campbell, California for a 3-year term; and
2) Authorize the City Manager to execute the agreement, in a form approved by the City Attorney, and any amendments within the approved operating budget.

BACKGROUND: Safety footwear (shoes and boots) are an essential uniform component used to support multiple staff members in various departments citywide. City departmental operations requires a vendor that is convenient for staff and also allows for the quick and efficient replacement of safety footwear as required. In alignment with best procurement practices and the City’s purchasing procedures, staff is able to use a cooperative agreement contract between County of Santa Clara and Beck’s Shoes, Inc to provide safety footwear at fair and reasonable pricing.

DISCUSSION: The City provides safety footwear for employees working in jobs that require wearing them for work-related purposes.

Section 3.08.170 of the Municipal Ordinance allows the City to utilize cooperative purchasing agreements when is in the best interest of the City to do so. A cooperative purchasing agreement results from a procurement process, that is compliant with state statutes and formal procurement methods and is completed by a consortium or a single agency that is authorized for use by other government agencies. The use of a cooperative purchasing agreement results in cost savings of time, money and resources for the City. The County of Santa Clara conducted an invitation for bids and awarded the contract to Beck’s Shoes, Inc. on April 7, 2023 as the most responsive and cost-effective proposal.

FISCAL IMPACT: The City spent approximately $80,000 on safety footwear, purchased through two vendors during 2022. Funds for safety footwear are budgeted in the FY 2024 operating budget.

16.1 Prepared By:

Emmanuel Fluker
Buyer II
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

16.2 City Council

AGENDA REPORT
DATE: 06/02/2023
AGENDA OF: 06/27/2023
DEPARTMENT: Finance
SUBJECT: Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
RECOMMENDATION: Motion to:
1) Authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024; and
2) Authorize funding amount of $104,234 for FY 2024.

BACKGROUND: The Volunteer Center of Santa Cruz County relies on funding from the SCCRTC to support its programs. The City annually serves as a pass-through agent between the Volunteer Center and the SCCRTC. Accordingly, the Volunteer Center is again requesting that the City act as claimant for funds for the coming FY 2024. Since the Volunteer Center is unable to act as claimant for itself, it must request that an outside entity perform this service.

DISCUSSION: The Santa Cruz County Regional Transportation Commission has budgeted $104,234 for fiscal year 2024, which is typically disbursed in one lump-sum payment. Please see Exhibits A, Program Description/Scope of Work; B, TDA FY 2024 Budget; C, Volunteer Center Letter of Request; D, SCCRTC Volunteer Center Resolution; and E, SCCRTC Apportionment Schedule.

As noted in the SCCRTC Apportionment Schedule, the SCCRTC has granted funding to Volunteer Center for $104,234 for FY 2024.

The City contract stipulates in Item 2 that the City will make the payment to the Volunteer Center based on the amount received from the SCCRTC in each fiscal year. In addition, SCCRTC bylaws language stipulate that changes may occur in funding amounts, as needed, during the course of a fiscal year.

FISCAL IMPACT: The City of Santa Cruz will serve as a pass-through agent. The only impact to the City is staff time to act as the pass-through agent.

17.1 Prepared By:

Nicholas Gong
Senior Accountant
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. AGREEMENT - VOLUNTEER CENTER.PDF

2. EXHIBITS A - E.PDF

17.2 AGREEMENT
The CITY OF SANTA CRUZ, hereinafter referred to as "CITY," and VOLUNTEER CENTER OF SANTA CRUZ COUNTY, hereinafter referred to as "CONTRACTOR," hereby agree as follows:

1. CONTRACTOR shall provide during the term of this Agreement the services described in the Program Description, Scope of Work, attached as Exhibit A.

2. In consideration of such services, CITY shall pay CONTRACTOR on the basis of appropriate claims submitted to the City Director of Finance in accordance with Exhibit B (Budget). In no event shall the maximum payment made by CITY to CONTRACTOR under this Agreement exceed the amount received from the Santa Cruz County Regional Transportation Commission ("SCCRTC") for the period of July 1, 2023 through June 30, 2024.

3. In accordance with Exhibit B (Budget), CONTRACTOR shall be permitted to make transfers within the categories of "Services and Supplies" and "Fixed Assets11 of the TDA Budget unless they exceed 10% of the category total. Transfers within the "Salaries and Benefits" category may also be made by the CONTRACTOR unless they involve changes in the number and salary of positions or exceed 100/o of the category total. Transfers between the categories of "Salaries and Benefits," "Services and Supplies," and "Fixed Assets" may be made by CONTRACTOR unless they exceed 10% of either category total involved. Any changes in the above-noted budget categories of more than ten percent (10%) of the entire category shall require a budget amendment and approval of the SCCRTC Executive Director.

4. CONTRACTOR may receive, in accordance with Program Description/Scope of Work (Exhibit A, Letter F. Claims), one annual advance payment.

5. CONTRACTOR shall submit evidence of incorporation by the State of California to the City Director of Finance no later than July 1, 2023. Payments to CONTRACTOR after that date will not be made if Evidence of Incorporation has not been submitted. If Evidence of Incorporation is already on file with the Finance Department, there is no need to resubmit evidence each year.
1 17.3

6. CONTRACTOR shall submit quarterly reports to CITY & SCCRTC as specified in Exhibit A, Letter D, and such additional reports as may be requested by CITY & SCCRTC, describing work progress in canying out the approved program under this Agreement, expenditures of funds, and any difficulties in meeting program objectives.

7. CONTRACTOR shall keep and maintain accurate records pertaining to its conduct of the program approved under this Agreement. Fiscal records shall be designated by the City Director of Finance. These records will be made available to CITY & SCCRTC or any authorized representatives thereof, and CONTRACTOR shall retain records for four years after the expiration of this agreement unless permission to destroy them is granted by CITY & SCCRTC. CONTRACTOR agrees to make all fiscal and necessary records available to the City Director of Finance upon his or her request, for the purpose of an audit and for verifying CONTRACTOR'S compliance with the terms of this Agreement.

8. The Board of Directors of CONTRACTOR shall be vested with responsibility for administration of the program to be conducted under this Agreement, and it is agreed that CONTRACTOR is an independent contractor under this Agreement.

9. CONTRACTOR agrees to indemnify, defend and hold harmless the CITY & SCCRTC, their officers, employees and agents from and against any and all claims, demands, costs, liability and actions arising out of the activities or premises of CONTRACTOR.

10. CONTRACTOR shall maintain, during the entire ; term ·of the Agreement, comprehensive general liability and comprehensive automobile liability insurance. Such insurance shall be in an amount not less than one million dollars per occurrence combined single limit. The comprehensive automobile liability insurance shall include coverage of non-owned automobiles. The comprehensive general liability insurance shall include full personal injury coverage and shall include contractual liability coverage sufficient to meet liability arising out of this contract and the hold hannless clause herein. All such insurance shall have the CITY & SCCRTC as additional insured and shall not be subject to cancellation, reduction in coverage or refusal to renew with less than thirty (30) days advance written notice to the CITY & SCCRTC.

CONTRACTOR shall submit to the City Director of Finance a certificate of such insurance. 2 17.4

11. CONTRACTOR shall maintain worker's compensation insurance in conformance with the worker's compensation laws of the State of California during the term of this contract.

CONTRACTOR shall submit to the City Director of Finance a certificate of such insurance.

12. CONTRACTOR will not discriminate against any employee employed in the performance of this Agreement or against any applicant for employment in the performance of this Agreement because of color, religion, age, handicap, national origin, sex, sexual orientation, marital status, ancestry, medical condition, or any other non-merit factor unrelated to job performance. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their color, religion, age, handicap, national origin, sex, sexual orientation, marital status, ancestry, medical condition, or any other non-merit factor unrelated to job performance. Tiris requirement shall apply to, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

13. No person shall, on the grounds of color, religion, age, handicap, national origin, sex, sexual orientation, marital status, ancestry or medical condition, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program conducted under this Agreement.

14. None of the funds, materials, property or Serv:tces contributed by CITY or CONTRACTOR under this agreement shall be used in the performance of any functions other than those described in Exhibit A, as proper program functions.

15. There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this Agreement.

16. CONTRACTOR shall comply with all applicable laws, ordinances and codes of the federal, state and local government.

17. CONTRACTOR shall not assign this Agreement without prior written consent of CITY & SCCRTC.
3 17.5

18. This instrument contains all of the agreements, understandings, representations, warranties and covenants made between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made, and all modifications and amendments made hereto must be made in writing.

19. This Agreement shall become effective as of July 1, 2023 and shall continue in effect through June 30, 2024, unless sooner terminated as provided in Paragraph 20. This Agreement may be similarly renewed in subsequent years.

20. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party.

CITY OF SANTA CRUZ
Matt Huffaker, City Manager
Dated: ----------~
APPROVED AS TO FORM:
~cw~:=:::; Anthony Condotti, City Attorney
AGR Volunteer Center TDA2024 - CoW1Cil Report.doc
4 VOLUNTEER CENTER OF SANTA

CRUZ COUNTY
aney, Executive Director
Dated: ~fu C77 ~ lz
~--- ~

17.6 Exhibit A

VOLUNTEER CENTER OF SANTA CRUZ COUNTY
1740 l Th Avenue Santa Cruz, CA 95062 427-5070

PROGRAM DESCRIPTION/SCOPE OF WORK

VOLUNTEER CENTER'S TRANSPORTATION
PROGRAM Fiscal Year 2023-24

A TARGETPOPULATION
Older adults age 6o+ and persons with disabilities who do not drive, may not be able to take METRO or Lift:Line and who do not have the support of family or friends to drive them. In addition, those individuals who may be in need of a free transportation service.

B. SERVICE GOALS
Our goal is to provide 4,000 one-way trips to eligible clients. Participants will be limited to a maximum of two rides per week. Our priority for filling requests is as follows:
1st Priority
2nd Priority
3rd Priority
Medical requests for target population.

Shopping requests for target population.

Other essential destinations that
contribute to the overall health and wellbeing of the individual (for example: fall prevention classes)
These trips will be targeted for geographic distribution as follows:

Santa Cruz/Mid-County/ Aptos/Capitola
San Lorenzo/Scotts Valley
Watsonville/ Freedom
Rides
2000
1000
1000
% of Rides
50%
25%
25%
#Clients
100
50 50
In considering geographic distribution of services, our goal is to provide extra support in those areas which are outside the boundaries of Liftline services, or which receive limited Liftline service and have limited public transit services.

C. PROGRAM ACTIVITIES

1. The Volunteer Center will maintain volunteers Monday- Friday 10:00 a.m. to 2:00 p.m. 2 When possible, the Volunteer Center will ref er those callers whose requests cannot be accommodated through our program to other programs such as Liftline and Metro.

3. The Volunteer Center will continue its intensive campaign to recruit new drivers

4. Volunteer Center staff will attend meetings of the E+ DTAC of the RTC.

17.7 Exhibit B
PROGRAM NAME:

FISCAL YEAR:

REVENUES
Budget Unit Name
Budget Unit Number
4000 PU BUC SUPPORT !DONATIONS
4008 Unallocate
4295 Transport
d Funds
ation

CURRENT YEA RCLAIM

TOTALCURRE NT YEAR REVENUES

HOURLY WAGES AND BENEFITS
6012 Auditing Expense
6018 Copies
6032 Equipment
6151 Background Checks
6039 Facility Maintenance
6040 Insurance, General
6042 Insurance, Volunteer
6050 Postage
6009 Recruitment/Marketing
6061 Rent
6078 Office Supplies
6081 Computer Software & Fees
6098 Mileage, Volunteers
6100 Telecommunication
6125 Utilities
6150 Volunteer Recognition
6160Admin Fees

TOTAL CURRENT EXPENSES
Volunteer Center Transportation
2023-2024 2022-2023
Transportation Transportation
05 05
2,000 1,000
104,234 108,813
106,234 109,813 I
76,460 76,070
500 500
175 350
380 500
500 600
200 200
615 600
1,900 1,900
350 500
1,750 3,000
2,000 2,000
600 1200
400 500
3,500 3,100
2,500 3,200
600 600
375 750
14,529 15,243
$104,234.00 $108,813.00

17.8 D. QUARTERLY REPORTS
Volunteer Center of Santa Cruz Transportation Program TDA Funding Quarterly Reports and Final Activities Report are due to the Transportation Commission and the City of Santa Cruz according to this schedule:

Quarterly Activities Report 1: October 25, 2023
Quarterly Activities Report 2: February 8, 2024
Quarterly Activities Report 3: April 26, 2024
Quarterly Activities Report 4: July 26, 2024
The reports will contain the following information for each center and total:

1. Number of rides/deliveries provided
2 Trip destinations

3. Mileage claimed

4. Estimated total mileage

5. Average length of trip

6. Number of unduplicated passengers

7. Number of requests for service

8. Numberofturndowns

9. Reason for turndowns

10. Number of active volunteers

11. Geographic distribution of clients
E. INSURANCE
Comprehensive auto and general liability insurance over and above that held by the driver will be maintained by the Volunteer Center in the amount of$1,000,000 per occurrence.

F. CLAIMS
One claim will be submitted for the 2023_2024 fiscal year.

Payment for the year: Annual Advance - July, 2023 $104,234

17.9 ExhibitC
May 3, 2023
Nicholas Gong
Finance Department
1200 Pacific Ave. Suite 290
Santa Cruz CA 95060
Dear Nicholas,
{\() VolunteerCenter "f Connect for Good
This letter serves as our request that the City of Santa Cruz act as the Transportation Development Act (TDA) claimant for the Volunteer Center of Santa Cruz Transportation Program through the Santa Cruz County Regional Transportation Commission.

Our agency remains committed to serving the senior and disabled population of Santa Cruz County.

Please see Exhibit A to review Program Responsibilities/Scope of Work and Exhibit B to review our proposed Budget for fiscal year 2023-24.

Thank you for your continued support of the Volunteer Center Transportation Program.

Warm Regards,
Tara Ireland
Empowered Aging Divi~ion Manager
Volunteer Center of Santa Cruz County

17.10 Exhibit D.

RESOLUTION NO. 4•23
Adopted by the Santa Cruz County Regional Transportation Commission on the date of May 4, 2023 '
on the motion of CommissJcner Altamate SChlllrln
duly seconded by Commissioner Rotkln
A RESOLUTION APPROVING THE FISCAL YEAR 2023-24 TRANSPORTATION DEVELOPMENT ACT (TOA) ARTICLE 8 CLAIM FROM ntE VOLUNlEER CENTER FOR SPECIAUZED

TRANSPORTATION SERVICES
WHEREAS the Transportation Development Act (TOA) of 1971 proVfdes that an applicant may file an Article 8 claim for monies from the Loca' Transportation Fund; WHEREAS the Regfonal Transportation Commission (RTC) has identffled a process for TOA claims Jn their Rules and Regulations;
WHEREAS the Regional Transportation Commission, In adopting Its FY 2023-24 TDA budget, has apportioned. $104,234 to be used by the Volunteer Center for administering the volunteer transportation program;
WHEREAS the Elderty &. Disabled Transportation Advisory Committee, at Its April 11, 2023 meeting, recommended that the Regional Transportation Commission approve this dalm;

THEREFORE BE IT RESOLVED BY THE SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION:

1. The FY 2023-24 Transportation Development Act (TOA) cfalm by the Volunteer Center fulfllls the requirements specified in the Transportation Development Act and the Santa Cruz County Regional Transportation Commission's (RTC) Rules and Regulattons and the RTC flnds that:
a. The claim indudes a proposed budget for the 2023-24 fiscal year; b. The claim includes a statement of projected or estimated revenues and e>ependltures for the prior fiscal year;
c. The dafm wllf fund speclallzed transportation services and respond to transportation needs not otherwise being met within the community; and d. The proposed expenditure of the funds is consistent with the most current Reglonal Transportation Plan and Unmet Transl~ Needs IJst.

2. The City of Santa Cruz will act as a claimant on behalf of the Volunteer Center, for TOA Article 8 daims for specialized transportation programs and the FY 2023-24 claim is hereby approved in the amount of $104,234 for fiscal year 2023·24 consisting of one payment In July of 2023.

J. Should the RTC amend its FY 2023-24 budget to modify TOA revenue apportionments to the Volunteer Center, the Executive Director Is authorized to modify the payment amounts consistent with the RTC's approved FY 2023-24 budget.

17.11 AYES: COMMISSIONERS Pedersen, s. Brown, Johnson, Montesino, Hernandez, Koenig, McPherson, K~ Brown, Rotkin, and Commissioner Alternates Schiffrln, Quinn, and Pageler
NOES: COMMISSIONERS
ABSTAIN: COMMISSIONERS
ATIEST:

Guy Preston, Secretary
Dlstr1bution: Community Br1dges
RTC Flscal
Menu Koenig, Chafr
\\RTCSERV2~rmi\RESOLU7]\2023\0523\ReSOMton 4tJ..23 mA Volunteer Center.doc.dooc

17.12 7
ExhibitE
Apportionment Schedule
Tnlnspartatton DeV•
1 1t>A Reserve Fund
2 RlC Reserve Fund
3 4 SCCRTC:

S Admai•batlDn
& Plenntng
7 8
9 Bike to Work
10 Bike lk Ped Safety (CTSC)
11 12
13 Senta Cruz Maro
14 Spec Tranlt (CB/CTSA)
15 Voltnteer Center
16 Ct.y of Captota
17 Cly of SC-Non Transl.
18 Cly of Scotti Valley
19 cay of Waaonvle
20 county of Santa CnR
21 Subtotal
22 Total TI»& Apportioned
FY2022/23 FY2023/Z4
Approved PropoMd Dlference$
11/M22 __ 3L9/2J
174,187 211,800 37,613
858,287 752,360 (105,927)
738,155 647 ,0$4 _(91,101) _
1,596,442- 1,399,414 (197,028)
72,000 72,000
156,000 156,DOO -
228,000 228,000
10,166,800 8,912,D46 (1,254,755)
998,843 875,569 (123,274)
118,910 104,234 (14,675)
23,436 19,532 (3.904}
130,423 127 ,782 (2,641}
27 ,301 24,029 (3,272)
119,298 101,D47 (18,251)
305,98:l __ _2$t~07 - - (46,77_fil
11,890,993 10,423,445 (1,467 ,548)
13,889,622 12,262,659 (1,626,963)
Difference
..

Note

21.S9'ralSome reserves to be us-ed bl FY 22-23 as
revenues are below esttmetes for FY 22·23
~12.34-..IFY 22·23 app0rt1onments ~de surj>m
-12.34% revenues frum prtor fiscal years; sl.ll'pkls
·12.34'tti revenues not anticipated for Pf 23-24
o.oo .. o.oocr.

0.00%
·12.34"- FY 22-21-appoitlonnHini::s tnC:fude surpkls
·12.34'Mt rwenuet from exfgr llClll years; IUll*Js
-12.34 .. revenues not a for FY 23·24
-16.66o/o
-2.03 .. 1 Fonnull share for dtles and county 8A! based -11.98% on the Department of F~rance popullt:lon
·15.304MI asttmates as of January 2022.
-15..29%

12.34%
-11.11cr..._. _____________ ___.

17.13 City Council

AGENDA REPORT
DATE: 06/02/2023
AGENDA OF: 06/27/2023
DEPARTMENT: Finance
SUBJECT: Pass-Through Agreement with Community Bridges/CTSA of Santa Cruz County - TDA Claimant (FN)
RECOMMENDATION: Motion to authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Community Bridges/Consolidated Transportation Services Agency/State Transit Assistance (STA), allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024.

BACKGROUND: Community Bridges relies on funding from the SCCRTC to support its programs. The City annually serves as a pass-through agent between Community Bridges and the SCCRTC. Accordingly, Community Bridges is again requesting that the City act as claimant for funds for the coming FY 2024. Since Community Bridges is unable to act as claimant for itself, it must request that an outside entity perform this service.

DISCUSSION: The SCCRTC has budgeted $875,569 for CTSA operations as well as $267,177 in STA funding, which will each be disbursed in four installments during the fiscal year. Please see Community Bridges’ Letter of Request and Exhibits A, Operating and Capital Budget; B, CTSA Five Year Capital Improvement Plan; C, Operating Plan; D, Schedule of Payments; E, Statement of Role and Responsibility; F, Reporting Period; G, Operating Statistics; H, Community Bridges Agency Board Resolution; and I, SCCRTC Apportionment Schedule.

The City contract stipulates in Item 2 that the City will make payments to Community Bridges for the amount received from the SCCRTC in each fiscal year. In addition, SCCRTC bylaws language stipulates that changes may occur in funding amounts, as needed, during the course of a fiscal year.

FISCAL IMPACT: The City of Santa Cruz will serve as a pass-through agent. The only impact on the City is staff time to serve as the pass-through agent and to submit an Annual State Controllers Transit Report in regards to acting as the pass-through agent.

Prepared By:

Nicholas Gong
Senior Accountant
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager

18.1 ATTACHMENTS:

1. LETTER OF REQUEST.PDF

2. AGREEMENT.PDF

3. EXHIBITS A-I.PDF

18.2 May 5, 2023

COMMUNITY BRIDGES

PUENTES DE LA COMUNIDAD
Ms. Elizabeth Cabell
Finance Director
City of Santa Cruz
1200 Pacific Avenue, Suite 290
Santa Cruz, CA 95060
519 Main Street PI 831.688.8840
Watsonville, CA 95076 F j 831.688.8302
RE: CTSA/City of Santa Cruz Claim for FY 2023/2024 TOA/STA Revenues Dear Ms. Cabell:

This letter serves as Community Bridges request for the City of Santa Cruz to continue act as the claimant for the Consolidated Transportation Services Agency (CTSA) for Transportation Development Act (TOA) and State Transit Assistance (STA) funding through the Santa Cruz County Regional Transportation Commission (SCCRTC) in the Year 2023/2024.

We understand the SCCRTC will allocate $875,569 for CTSA operations as well as $267, 177 in STA funding. These funds will be used to operate a variety of specialized transportation services throughout Santa Cruz County serving low-income seniors and residents with disabilities who are unable to utilize traditional public transit.

These funds will allow Community Bridges' Lift Line to continue to operate a variety of vital specialized transportation programs serving low-income seniors and disabled individuals who are unable to utilize traditional public transit. TOA funds will be used for the Taxi Scrip programs operating in South and North County, non-emergency medical transportation, and transportation to Meals on Wheels Senior Dining Centers and Elderday Adult Day Health Center. The STA funds will be used for Same Day and Out of County program through the whole FY23-24, helping connect seniors, veterans and medically complex children and individuals to need medical services.

Enclosed are the following:

1.2023/2024 TOA Claim Form, Written Report of Activities, and CHP Inspection Report

2.2023/2024 Operating & Capital Budget (Exhibit A, pages 1-2)

3.CTSA Five Year Capital Improvement Plan (Exhibit B)

4.0perating Plan (Exhibit C-1, pages 1-2 & C-2, page 1)

5.Schedule of Payments Requested (Exhibit 0)

6.Statement of Role and Responsibility (Exhibit E)

7.CTSA Reporting Period & Performance Measures (Exhibit F)

8. 3-year Operating Statistics and Budget to Actuals (Exhibit G1-G2)

9. Community Bridges Agency Board Resolution 2023-03-01 OUR FAMILY OF Elderday · Lift Lfne Meals on Wheels tor Santa Cruz County ; La Manzana Community Resourms PROGRAMS Live Oak Community Resources ' Mountain community Resources c· Nueva Vista Community ResouratS Child &: Adult care Food Program , Child Development Division ,·. Women, Infants and Children (WIC)

18.3 COMMUNITY BR~DGES

PUE NTES DE LA COMUN IDAD
519 Main Street P I 831.688.8840
Watsonville, CA 95076 F I 831.688.8302
Community Bridges' Lift Line attests to the accuracy of the claim and all its accompanying documentation. I hope this claim can be submitted to the Santa Cruz City Council for approval at its upcoming meeting. If you require any additional information, please contact me at 831-688-8840 or [email protected]
On behalf of Lift Line clients and Community Bridges, I thank the City Council and its staff for its continued support of these vital transportation service programs.

Thank you,
Raymon Cancino, CEO
Cc: N. Gong
D. Underhill
M. Serrano-Mejia
OUR FAMILY OF Elderday Lift Line Meals on Wheels for Santa Cruz County l2l Manzanil:i Community Resources PROGRAMS Live Oak Community Resources~. Mountain Community Resources ~ Nueva Vista Community Resources Child & Adult Care Food Program , Child Development Division : Women, Infants and Children {WIC)

18.4 18.5

18.6 18.7

18.8 COMMUNITY BRIDGES • LIFT LINE I CTSA EXHIBIT A, Page 1 of 2 TOA 2023-2024 BUDGET
TOA/STA Non-TOA CTSA TOA/STA Non-TOA CTSA
2023-24 2023-24 2023-24 2022-23 2022-23 2022-23

ACCOUNT TITLE BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET PERSONNEL:

Salaries & Wages 540,642 574,799 1, 115,440 520,930 430,205 951,135 Fringe Benefits: Unemployment 5,406 5,748 11,154 7,814 1,490 9,304 Workers Comp 26,004 27,647 53,650 24,051 20,461 44,512
Health Insurance 59,776 63,553 123,329 35,359 75,139 110,498 FICA 34,548 36,731 71,280 39,851 28,060 67,911
401KP1an 9,099 9,674 18,773 12,505 10,638 23,143
TOT AL PERSONNEL COSTS: 675,476 718,151 1,393,627 640,511 565,992 1,206,503 SERVICES & SUPPLIES:

OPERATING:

Vehicle Operations-Fuel 55,032 58,508 113,540 65,091 55,373 120,464 Vehicle Licenses 5,444 5,787 11,231 5,835 4,964 10,799
Vehicle Repair & Maintenance 20,916 22,238 43,154 22,421 19,074 41,495 Vehicle Insurance 43,313 46,050 89,363 43,980 37,414 81,394 Communications-Radio 321331 34,374 66,706 34,658 29,483 64,141 TOTAL VEH. OPERATING COSTS: 157,036 166,958 323,994 171,984 146,308 318,293 OTHER OPERATING & ADMINISTRATION COSTS:

Professional Services 0 46,231 46,231 2,524 41,929 44,453 Janitorial Services & Supplies 3,519 3,742 7,261 3,773 3,209 6,982 Legal services & Audit 0 6,935 6,935 0 11,849 11,849
Publicity/Media 0 20,311 20,311 0 18,155 18,155
Special Events 0 405 405 0 1,189 1,189
Staff travel 638 678 1,317 0 1,266 1,266
Minor Equipment 4,915 5,225 10,140 5,268 4,482 9,750
Equip Maintenance/Repair 1,688 1,795 3,483 1,810 1,539 3,349 Office Supplies 1,359 1,445 2,804 1,457 1,239 2,696
Program Supples 8,236 8,756 16,991 8,828 7,510 16,338
Vehicle Maintenance Supplies 808 859 1,667 866 737 1,603 Computer Supplies/Related 2,869 3,051 5,920 3,076 2,616 5,692 Postage 1,575 1,675 3,250 1,689 1,436 3,125
Utilities 8,317 8,843 17,160 8,916 7,584 16,500
Space Maintenance 3,856 4,100 7,956 4,134 3,516 7,650
Telephone 1,741 1,851 3,593 1,866 1,588 3,454
Misc Fees 3,161 3,360 6,521 3,388 2,882 6,270
Staff Training 2,176 2,314 4,490 1,901 1,617 3,518
Insurance-General Liability & Fidelity 5,332 5,668 11,000 4,243 3,610 7,853 Memberships/Subscriptions 3,783 4,022 7,806 4,055 3,450 7,505 Printing & Copying 343 364 707 367 313 680
Advertising (Recruitment) 2,433 2,587 5,020 2,608 2,219 4,827 Interest Expense 0 65,259 65,259 0 82,710 82,710
Subsidized Taxi - Elderday Rides 0 4,124 4,124 0 3,966 3,966 Subsidized Taxi - MOW Rides 0 0 0 0 0 0
Subsidized Taxi - LL Rides 43,622 46,378 90,000 72,667 81,288 153,955 Subsidized Taxi - Scrip 20,000 0 20,000 29,721 0 29,721 Nonsubsidized Taxi-Measure D Svcs 0 59,280 59,280 0 57,000 57,000 Trxfer to/from Equip Reserve 0 0 0 0 0 0
Deprec--Groupwise Upgrade 27,853 0 27,853 55,706 0 55,706 Major Equipment- Non 5310 0 50,000 50,000 75,000 197,783 272,783 300 Property Fixed Asset 0 600,000 600,000 0 514,246 514,246 Leasehold Improvements 0 0 0 0 0 0
Debt Repayment 0 20,000 20,000 0 13,901 13,901
~en~ Overhead 162,009 154,307 316,316 166,426 138,372 304,798 TOTAL ADMrNISTRATION COSTS: 310,234 111331565 1,443,799 4601288 1,213,202 1,6731490 toTAL EXPENDITURES 1,142,746 2,018,675 3,161,420 1,272,783 1,925,563 3,198,286 TOTAL REVENUES 1,142,746 2,018,674 3,161,420 1,272,783 1,925,503 3,198,286 NET GAIN (LOSS) 0 (0) (0) 0 (O) (0)

18.9 COMMUNITY BRIDGES - LIFT LINE I CTSA EXHIBIT A, Page 2 of 2 TOA 2023-2024 BUDGET
TOA/STA Non-TOA CTSA TOA Non-TOA CTSA
2023-24 2023-24 2023-24 2022-23 2022-23 2022-23

ACCOUNT TITLE BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET REVENUE:

TOA 875,569 875,569 998,848 0 998,848
STA 267,177 267,177 273,935 0 273,935
City of Capitola 33,000 33,000 33,000 33,000
County of Santa Cruz 0 0 4,375 4,375
County of SC-Measure O Sales Tax 1,076,000 1,076,000 1,045,000 1,045,000 CARB 30,000 30,000 202,648 202,648
LCTOP 50,000 50,000 7,360 7,360
Transfer From Measure D Reserve 308,682 308,682 195,415 195,415 Area AQency on Aging-Trtle 1118 20,000 20,000 20,000 20,000 FTA Section 5310-Expanded 120,000 120,000 93,926 93,926 Monterey Peninsula Foundation 40,000 40,000 40,000 40,000 Kaiser Grant 0 0 0 0
Outside Contracts-Other 24,000 24,000 14,675 14,675
Scrip - Client Payments 6,000 6,000 5,747 5,747
MOW Intra-Program Charges 22,500 22,500 22,500 22,500
Elderday Intra-Program Charges 258,393 258,393 210,600 210,600 Donations 15,000 15,000 15,100 15,100
Program Income-Other 0 0 0 0
Vehicle Maintenaooe Intra-Program Charges 12,099 12,099 12,157 12,157 Vehicle Sales 3,000 3,000 3,000 3,000
TOTAL REVENUES 1,142,746 2,018,674 3,161,420 1,272,783 1,925,503 3,198,286

CTSA CTSA CTSA

FINAL BUDGET BUDGET
OPERATING FUND SOURCES FY 21-22 FY22·23 FY 23-24
TOA 859,367 998,848 875,569
STA 100,000 273,935 267,177
City of Capitola 0 33,000 33,000
County of Santa Cruz 15,000 4,375 0
County of SC-Measure D Sales Tex 981,927 1,045,000 1,076,000 Transfer From Measure D Reserve 0 195,415 308,682
CARB 202,648 202,648 30,000
LC TOP 7,360 7,360 50,000
FTA Section 5310-Trad 0 0 0
Area Agency on Aging-Title lllB 45,043 20,000 20,000
FTA Section 5310-Expanded 138,674 93,926 120,000
Monterey Peninsula Foundation 40,000 40,000 40,000
Kaiser Grant 30,000 0 0
Outside Contracts-Other 22,776 14,675 24,000
Scrip - Client Paymenta 6,667 5,747 6,000
Scrip - Health Project Center 0 0 0
MOW Intra-Program Charges 22,500 22,500 22,500
Elderday Intra-Program Charges 118,250 210,600 258,393
Donations 8,700 15,100 15,000
PPP Loan Forgiveness 0 0 0
Vehicle Maintenance Intra-Program Charges 12, 157 12,157 12,099 Vehicle Sales 3,000 3,000 3,000
TOTAL REVENUES 2,612,069 3,198,286 3,161,420

18.10 EXHIBIT B
CTSA FIVE YEAR CAPITAL IMPROVEMENT PLAN 23/24
FISCAL YEARS: 23/24 THROUGH 26/27

CAPITAL REVENUE
Projected Projected Projected Projected Projected
2023-2024 2024-2025 2025-2026 2025-2026 2026-2027
Fund Balance $107,072 $107,339 $47,608 $47,727 $47,846
FTA Section 5310 $0 $0 $0 $210,000 $0
Addition to Fund $24,013 $0 $0 $0 $0
Fund Interest $268 $268 $119 $119 $120
Total $131,352 $107,608 $47,727 $257,846 $47,966
CAPITAL EXPEMP1TURES -
2023-2024 2024-2025 2025-2026 2025-2026 2026-2027
Equipment Purchase $24,013 $60,000 $0 $210,000 $0
Major Maintenance $0 $0 $0 $0 $0
Total $24.013 $60,000 $0 $210,000 $0
Year-End Balance $107,339 $47,608 $47,727 $47,846 $47,966 Notes:

As capital grants are indefinite, and as capital equipment arrival dates vary, projected figures may require adjustment.
2 In FY 2023-2024 Lift Line is paying $24,013 from TDA for a final payment of for Ecolane transit scheduling software. The purchase of the solutions including the implimentation of the software and hardware and training is a capitalized purchase over a 3 FY time-frame. 3 In FY 2024-2025 Lift Line will be utilizing TOA equipment reserves for purchasing vehicle maintenace equipment at the Lift Line facility.
4 Lift Line is going to apply $210,000 equipment funding for vehicle and computer purchase in FY 2025-2026.

T:\GRANT MGMnLIFT LINE\23-24\Cl111nts & Conlracts\IDA STA Clllim\IDA 23-24 Capibll Plan Exhib~ B

18.11 EXIDBIT C-1
Lift Line I CTSA
FY23/24 OPERA TING PLAN
The Lift Line program provides demand-responsive, specialized non~mergency heahh and medical transportation for low-income seniors and disabled residents of Santa Cruz County.

Riders are not charged a fare for the service. Service is generally provided from 8:00 AM to 4:00 PM, seven days a week (with the exception of published holidays), while Lift Line also coordinates additional services on behalf of its clients outside these hours.

Service is focused on individuals that live outside the METRO ParaCruz service area, those who are unable to afford the METRO ParaCruz fare, those that do not meet the ADA complementary paratransit eligibility requirements, those needing same day service, and those that need a higher level of service than can be provided by METRO ParaCruz. Lift Line operates a fleet of 19 wheelchair accessible vans. Transportation is provided to destinations such as doctors' offices, pharmacies, Elderday Adult Day Health Care, Senior Dining Centers, out of county medical destinations, dialysis sites, and various medical therapy appointments. Clients are generally asked to book their medical rides between 8:30am and 3:30pm.

Lift Line is seeking to continue TDA Medical Rides semce and ensure this service reaches those with the most need. Ljft Ljne pmjectjpg 6,979 TDA Medical Rjdes for FY 23124.

The TOA Medical Rides program serves as a safety net service for medical rides outside the ADAmandated METRO paratransit service areas. Eligible individuals may schedule rides to medical destinations as late as one day in advance, with no fares collected. Currently all of the residents that receive medical rides are low income and below the federal 200% poverty level. Lift Line staff continue to update participant applications to reflect the new Federal Government poverty level guidelines to ensure income and disability eligibility is maintained by participants.

Lift Line also coordinates with the local taxi companies to offer the Taxi Scrip (TS) program.

Ljft Ljpe js pmjectjpg 2.279 Iaxj Scrip rides ju FY 23a4.

The Taxi Scrip program serves as a safety net service for medical rides and non-medical rides needed outside the ADA-mandated METRO paratransit service areas. Individuals may purchase subsidized taxi scrip so that they can directly schedule taxi rides. Taxi companies own and operate vehicles that are fully accessible for mobility devices such as wheelchairs. Currently all residents that receive Taxi Scrip at a discount are low income and below the federal 200% poverty level. Currently clients can purchase three $10.00 books, for a total of $30.00 worth of scrip, for $8.00 which would give them approximately one (l) or two (2) rides per book. There is currently a limit to purchase six books per person per quarter.

Ljft Ljpe ill pmjectioK 8,251 Meah op Wbeels ridea for FY 23a4. 3.786 gfwhjcb will be fugded wjth IDA fupds.

We are on track to meet our projected goal for the current fiscal year. Lift Line will continue to coordinate with the Meals on Wheels program to help them meet any increase attendance demands at all of the senior dining centers. Lift Line continues to meet with the Meals on Wheels Program Director and site managers to review unmet transportation service needs.

18.12 Exhibit C -1
Lift Line I CTSA 22123 Operating Plan
Ljft J,jqe js pmjectjpg 2S.78S Eldenlay rides in FY 23124. of which 12.985 are fupded by IDA.

The Elderday program provides outpatient adult day health care to seniors and community residents who need constant care, and/or are diagnosed with dementia or Alzheimer's disease. Almost all of these participants use wheelchairs or walkers, and require vans with lifts. Generally, these clients are very frail and need personal, door-to-door assistance. Elderday rides are reflective of the level of client service that Lift Line drivers provide to patients with critical needs.

Lift Line is seeking to continue STA Same Day and Out of County service and ensure this service reaches those with the most need. Lift Ljpe projecting 1 .938 STA Same Day apd Out of Coupty Rides for FY 23124.

The STA Same Day and Out of County Rides program serves as a safety net service same dy and out of County rides. Eligible individuals may schedule same day rides, with no fares collected.

Currently all of the residents that receive medical rides are low income and below the federal 200% poverty level. Lift Line staff continue to update participant applications to reflect the new Federal Government poverty level guidelines to ensure income and disability eligibility is maintained by participants.

Ljft Ljne stafiwUI contipue to work; wjth the Sang Cruz Coupty Re&jopal Tragsportatjog Commission's Eldedf apd Djsahled Trapsportatjoq Adyjsoa ComrnjUee CE&D TACl jg jdeptjfyjgg apd addressing upmet peeds. Lift Line continues to work with the E&D TAC in meeting the Unmet Transit and Paratransit Needs as well as the recommendations of the Paratransit Coordination Task Force. For those who don't qualify for METRO ParaCruz or MediCal assistance, we wi11 continue to help them complete the required paperwork to make it easier for them to use the current TDA programs that meet their specific needs. In our role as the Consolidated Transportation Service Agency, Lift Line will continue working with other transportation providers to ensure maximum efficiency and coordination of rides for all residents.

Ljft Ljpe will coptjpue to focus its resources op trapsportatiop neesls that are pot lzeioe met by other paratmpsjt seajcgs. such as ADA-mapdated METRO ParaCruz. Through TDA funding, Lift Line will continue to serve those not eligible for METRO ParaCruz service, specifically lowincome individuals who cannot afford the $8.00 to $12.00 round-trip METRO ParaCruz fare, those who don't meet the strict ADA qualifications, and those with origins/destinations outside of the METRO ParaCruz service area. Because Lift Line provides safety net services to those ineligible or unable to use other services, its goal is to provide flexible programs, scheduling, and dispatching that can respond to the changing needs of all participants.

Community Bridges maintains comprehensive auto and general liability coverage, including the City of Santa Cruz and SCCRTC as additional insured parties. A copy of each insurance certificate shall be filed with the City and with SCCRTC