Santa Cruz City Council
September 26, 2023

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

CITY COUNCIL AGENDA
Regular Meeting - September 26, 2023
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:45 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC

HEARINGS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, September 25th
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, September 24th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
September 26, 2023 City Council 2
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.

Closed Session
1:00 PM
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Michael Lewis Sweatt
2) Claimant: Andre Deladier Almeida
Claims against the City of Santa Cruz

2. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) September 26, 2023 City Council 3
City Council
1:45 PM
Call to Order
Roll Call
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
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

September 26, 2023 City Council 4
Consent Agenda

4. Resolution Updating the City of Santa Cruz Bail Schedule (CA) Resolution adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.

5. Minutes of the September 12, 2023 City Council Meeting (CC) Motion to approve as submitted.

6. Amendments to Extend the Term of the Ground Lease, Temporary Arena Lease and the Loan Agreement for the Kaiser Permanente Arena (ED)
Motion to approve the amendments to the term of the Ground Lease between the City of Santa Cruz and the Seaside Company and the Arena Lease and Loan Agreement between the City of Santa Cruz and the Santa Cruz Warriors for the Kaiser Permanente Arena.

7. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Michael Lewis Sweatt, and 2) Andre Deladier Almeida, based on staff recommendation.

8. Side Letters of Agreement with Service Employees International Union and Supervisory OE3 - Duty Assignment and Shift Differential for Lone Operators Changes (HR)
Motion to:
1) Adopt a resolution approving a Side Letter of Agreement with the Santa Cruz Service Employees of the Service Employees International Union, Local 521, and
2) Adopt a resolution approving a Side Letter of Agreement with the Supervisory, Operating Engineers Local #3.

September 26, 2023 City Council 5
Consent Agenda (continued)

9. Water Service for APN 068-121-27, Branciforte Drive, Santa Cruz CA 95065 (WT)
Motion to declare willingness to provide water service to Assessor Parcel Number 068-121-27, Branciforte Drive, Santa Cruz, CA 95065, and to find the action exempt under the California Environmental Quality Act.

End Consent Agenda
Public Hearings

10. 2nd Reading and Final Adoption of Ordinance No. 2023-10 Amending the Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on Wastewater Discharges (PW)
Motion to adopt Ordinance No. 2023-10 amending Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations of Wastewater Discharges, in compliance with the Clean Water Act at sections 403.6 (e) and 403.8 (National Pretreatment Standards).

11. Tree Permit Appeal 339 Walnut Avenue (PR)
Resolution to deny the appeal and uphold the Parks and Recreation Commission’s approval of tree removal permit application TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue.

September 26, 2023 City Council 6
Public Hearings (continued)

12. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Absent receipt of a majority vote from business owners against the proposed assessment increase at the close of the public hearing:

Motion to:
1) Adopt a resolution confirming the Downtown Association updated FY 2024 Annual Plan and levying an increased Downtown Parking and Business Improvement Assessment for FY 2024; and
2) Adopt Ordinance No. 2023-11 confirming that Chapter 5.05 of the Santa Cruz Municipal Code shall continue to apply to the Parking and Business Improvement and setting forth a new method and basis for levying assessments thereby resulting in an increased assessment.

General Business

13. West Cliff Update, including Infrastructure, Transportation, Regulatory Planning, and Roadmap Development (CM/PW)
Motion to receive updates on:
1) Any recent construction or traffic work for infill walls project; 2) Planning and regulatory efforts relevant to the West Cliff area; 3) Three-year post-recovery roadmap, 50-year vision, and interagency coordination; and
4) Funding.

Adjournment
September 26, 2023 City Council 7

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 26, 2023

14. Public Works Department: San Lorenzo River Levee Task Force Update - 8/31/23 (PWFYI 0109)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 26, 2023

15. Proclaiming Saturday, September 16, 2023 as “Henry L. Barnett Day” and encouraging all citizens to join in honoring his service to our country.

16. Proclaiming September 23, 2023 as “Santa Cruz Skateboards/NHS Day” and encouraging all citizens to join in congratulating Santa Cruz Skateboards and NHS on its 50th Anniversary, honoring it as an outstanding member of the local business community, and expressing heartfelt appreciation for its service to the community during those years.

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 September 26, 2023 City Council 8
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
Courtyard Conf. Room Closed Session ‐ Closed to the Public Zoom/Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Zoom/Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Zoom/Council Chambers Council Regular Meeting ‐ Open to the Public November 10
Courtyard Conf. Room Closed Session ‐ Closed to the Public Zoom/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 Zoom/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)
November 14
October 10
October 24
City Hall Closure ‐ Veteran's Day (observed)
Please note: Meeting times are not final and are likely to change City Council Meeting Calendar for 2023
November 28
December 12
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day

3.1 City Council

AGENDA REPORT
DATE: August 28, 2023
AGENDA OF: September 26, 2023
DEPARTMENT: City Attorney
SUBJECT: Resolution Updating the City of Santa Cruz Bail Schedule (CA) RECOMMENDATION: Resolution adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.

BACKGROUND: Periodically, City Council adopts new ordinances, the violation of which constitutes either an infraction or misdemeanor punishable by a criminal fine. For the court to assess fines when a violator is found guilty or pleads no contest, the fines must be incorporated into the court’s bail schedule, which needs to be approved by the Council. Additionally, the City Attorney’s Office periodically reviews the bail schedule to make sure both old and repealed code is properly addressed and to make sure the penalties are within legal guidelines.

DISCUSSION: The majority of the proposed amendments to the bail schedule include minor corrections or clarifications and are suggested as a result of the City Attorney’s office’s review of sections that reference previously amended or modified portions of the Municipal Code yet to be incorporated into the bail schedule. Additionally, there are some additions to the bail schedule that reflect more recent additions to the Municipal Code.

Of note, fines called for by the subject City ordinances constitute “base bail,” and the ultimate fine paid by a violator to the court includes additional assessments levied by the court (pursuant to State law) which significantly increase the total fine imposed.1 For example, the base bail for
a violation of Santa Cruz Municipal Code Section 9.50.050, Smoking on Public Property, is $20; however, after the assessment of court-imposed fees the amount paid by the violator to the court totals $157. With that said, the Santa Cruz County Superior Court does provide assistance to those who have financial hardships when paying a fine. An individual may request a payment plan, opt to do community service work in lieu of the fine, or request a fine reduction if he or she is unable to pay the full fine amount.2
Attached to the proposed Resolution is a complete copy of the proposed version of the City’s updated bail schedule. Highlighted in yellow in the attached, and excerpted below, are the 1 An explanation of how the additional assessments levied by the court are calculated can be located at https://www.santacruz.courts.ca.gov/system/files/forms-and-filings/web-suptmv-051-why-your-bail-or-court-fineso-much.pdf. 2 Financial Hardship and Inability to Pay Your Fine, Santa Cruz Superior Court https://www.santacruzcourt.org/content/financial-hardship

4.1 provisions of the bail schedule which will be added pursuant to this update. The words in red color represent new or additional language, where applicable. Old invalid or otherwise repealed ordinances being removed from the bail schedule are not excerpted below, but are shown in strikethrough in the attached bail schedule.

We recommend the Council adopt this Resolution adding these violation sections to the City’s bail schedule.

Code Title Fine

4.04.015(a) FAILURE TO APPEAR OR POST BAIL (Misdemeanor) 500

5.76.180 BINGO, FILING OF ANNUAL REPORT REQUIRED 50

5.78.030(a) - (b)

CAMTC CERTIFICATION AND LOCAL REGISTRATION
REQUIRED 100

5.78.050(a) - (y)

MASSAGE BUSINESS OPERATING REQUIREMENTS
VIOLATION 100

5.82.110(m)

WILFULL INTERFERENCE OR OBSTRUCTION OF

CERTAIN ENFORCEMENT ACTIVITIES RELATED TO
ENFORCEMENT OF SCMC 5.82 (misdemeanor) 60

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE

MATERIALS FROM SOLID WASTE OR RECYCLABLES
SET OUT FOR COLLECTION - 1st OFFENSE (may be
charged as a misdemeanor at discretion of City Attorney) 100/100

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE

MATERIALS FROM SOLID WASTE OR RECYCLABLES
SET OUT FOR COLLECTION – 2nd OFFENSE WITHIN
ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 200/200

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE

MATERIALS FROM SOLID WASTE OR RECYCLABLES

SET OUT FOR COLLECTION - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (may be charged as a
misdemeanor at discretion of City Attorney) 500/500

6.12.040

USE OF NON CITY-PROVIDED ROLL-OUT CARTS
WITHOUT APPROVAL - 1st OFFENSE WITHIN ONE
YEAR (may be charged as a misdemeanor at discretion of
City Attorney) 100/100

6.12.040

USE OF NON CITY-PROVIDED ROLL-OUT CARTS
WITHOUT APPROVAL - 2nd OFFENSE WITHIN ONE
YEAR (may be charged as a misdemeanor at discretion of
City Attorney) 200/200

6.12.040

USE OF NON CITY-PROVIDED ROLL-OUT CARTS

WITHOUT APPROVAL - ALL SUBSEQUENT OFFENSES
WITHIN ONE YEAR (may be charged as a misdemeanor at
discretion of City Attorney) 500/500

6.12.050
ILLEGAL STORAGE OF RECEPTACLES - 1st OFFENSE
(may be charged as a misdemeanor at discretion of City
Attorney) 100/100

4.2 Code Title Fine

6.12.050
ILLEGAL STORAGE OF RECEPTACLES - 2nd OFFENSE
WITHIN ONE YEAR (may be charged as a misdemeanor at
discretion of City Attorney) 200/200

6.12.050

ILLEGAL STORAGE OF RECEPTACLES - ALL
SUBSEQUENT OFFENSES WITHIN ONE YEAR (may be
charged as a misdemeanor at discretion of City Attorney) 500/500

6.12.180
UNACCEPTABLE WASTE - 1st OFFENSE (may be
charged as a misdemeanor at discretion of City Attorney) 100/100

6.12.180
UNACCEPTABLE WASTE - 2nd OFFENSE WITHIN ONE
YEAR (may be charged as an infraction or misdemeanor at discretion of City Attorney) 200/200

6.12.180

UNACCEPTABLE WASTE - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (may be charged as a
misdemeanor at discretion of City Attorney) 500/500

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - 1st
OFFENSE (infraction) 50

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - 2nd
OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - knowing and
willful violation, or THREE OR MORE OFFENSES
WITHIN ONE YEAR (misdemeanor) (may be charged as an
infraction at discretion of City Attorney) 200

6.75.030

GRAFFITI PROHIBITED TO REMAIN ON PROPERTY -
1st OFFENSE (infraction) 50

6.75.030

GRAFFITI PROHIBITED TO REMAIN ON PROPERTY -
2nd OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.030

GRAFFITI PROHIBITED TO REMAIN ON PROPERTY -
knowing and willful violation, or THREE OR MORE
OFFENSES WITHIN ONE YEAR (misdemeanor) 100

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT
CONTAINERS AND MARKER PENS - 1st OFFENSE
(infraction) 50

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT
CONTAINERS AND MARKER PENS - 2nd OFFENSE
WITHIN ONE YEAR (infraction) 100

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT
CONTAINERS AND MARKER PENS - knowing and willful
violation, or THREE OR MORE OFFENSES WITHIN ONE
YEAR (misdemeanor) 200

10.40.120(b)

PARKING OF OVERSIZED VEHICLES - ENCROACHING
UTILITY CONNECTIONS (infraction) 50

10.40.120(c)

PARKING OF OVERSIZED VEHICLES - UNPERMITTED

OPEN FIRES ON PUBLIC STREETS, HIGHWAYS,
ALLEYS, OR CITY PARKING LOTS (misdemeanor) 100

10.40.120(d)

PARKING OF OVERSIZED VEHICLES - UNSAFE,
UNTIDY, OR UNSANITARY AREA (misdemeanor) 100

4.3 Code Title Fine

10.40.120(k)

PARKING OF OVERSIZED VEHICLES - FRAUDULENT
PERMIT PENALTY - 1st OFFENSE (infraction) 50

10.40.120(k)

PARKING OF OVERSIZED VEHICLES - FRAUDULENT

PERMIT PENALTY - ANY SUBSEQUENT OFFENSE
WITHIN ONE YEAR (misdemeanor) (may be charged as an
infraction at discretion of City Attorney) 100/50

10.40.270 ENGINE IDLING (infraction) 50

10.65.030 (a) -
(e) PUBLIC GATHERING VIOLATION (infraction) 60

10.65.030 (f) PUBLIC GATHERING VIOLATION (misdemeanor) 120

13.30.100(a) PLANTING STREET TREES PERMIT REQUIRED 250

13.30.100(b)

TRIMMING AND REMOVAL OF STREET TREES
PERMIT REQUIRED 250

16.02.040(a)(1)

UNAUTHORIZED USE OF WATER FROM FIRE
HYDRANT 100

16.02.040(a)(2)

EXCESS WATER RUNNING TO WASTE FROM
LANDSCAPE IRRIGATION SYSTEM 100

16.02.040(a)(3) UNCORRECTED PLUMBING LEAK 100

16.02.040(a)(4)

WASHING OF EXTERIOR SURFACES WITHOUT HOSE
SHUTOFF NOZZLE 100

16.02.040(a)(5)

CLEANING OF STRUCTURES AND VEHICLES
WITHOUT HOSE SHUTOFF VALVE 100

16.02.040(a)(6)

RECYCLED WATER USED FOR ORNAMENTAL
FOUNTAINS REQUIRED 100

16.02.040(a)(7)

RECYCLED WATER USED FOR ALL COOLING
PURPOSES REQUIRED 100

16.02.040(a)(8)

RECYCLED WATER AND TIMERS REQUIRED AT
COMMERCIAL CAR WASHES 100

16.02.040(a)(9)

USE OF POTABLE WATER FOR DUST CONTROL OR
SOIL COMPACTION DURING CONSTRUCTION 100

16.02.040(a)(10)

INDISCRIMINATE RUNNING OF WATER WITHOUT
REASONABLE PURPOSE 100

16.02.040(a)(11)

USE OF POTABLE WATER TO IRREGATE BETWEEN
10:00 A.M. AND 5:00 P.M. 100

16.02.040(b)(3)
Serving drinking water to any customer unless expressly requested 100

16.08.020

SEWER SYSTEM-DISCHARGE TO SANITARY SEWER
(misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.030

STORM WATER DISCHARGE - SANITARY SEWER
(misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.040
DISCHARGE TO STORM DRAIN (misdemeanor) (may be
charged as an infraction at discretion of City Attorney) 110/60

16.08.050
SWIMMING POOL WATER DISCHARGE (misdemeanor)
(may be charged as an infraction at discretion of City
Attorney) 110/60

4.4 Code Title Fine

16.08.060

BUILDING DRAIN/SEWER MAINTENANCE
(misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.080
TAMPERING WITH PUBLIC SEWERS (misdemeanor)
(may be charged as an infraction at discretion of City
Attorney) 110/60

16.08.085
DAMAGE TO PUBLIC SEWER (misdemeanor) (may be
charged as an infraction at discretion of City Attorney) 110/60

16.08.110

PROHIBITIONS AND LIMITATIONS ON
WASTEWATER DISCHARGES (misdemeanor) (may be
charged as an infraction at discretion of City Attorney) 110/60

16.08.120

NONCONFORMING DISCHARGE OF RADIOACTIVE
WASTE (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.160

WASTEWATER DISCHARGE PERMITS REQUIRED
(misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.19.030

DISCHARGE OF NON-STORMWATER RUNOFF
ENTERING STORM DRAIN SYSTEM (infraction) 60

16.19.030

DISCHARGE OF NON-STORMWATER RUNOFF

ENTERING STORM DRAIN SYSTEM WITH PRIOR
(continuing after notice) (misdemeanor) 110

16.19.040

INSTALLATION OR USE OF ILLICIT CONNECTIONS
TO THE STORM DRAIN SYSTEM (infraction) 60

16.19.040

INSTALLATION OR USE OF ILLICIT CONNECTIONS

TO THE STORM DRAIN SYSTEM WITH PRIOR
(continuing after notice) (misdemeanor) 110

16.19.090

LITTERING/DISCHARGE OF POLLUTION OR
DAMAGING SUBSTANCES PROHIBITED (infraction) 60

16.19.090

LITTERING/DISCHARGE OF POLLUTION OR
DAMAGING SUBSTANCES PROHIBITED (continuing
after notice) (misdemeanor) 110

19.05.080

ABATEMENT OF VIOLATION - FAILURE TO COMPLY
(misdemeanor) (may be charged as infraction at discretion of City Attorney) 500/100

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF
IGNITION - 1st OFFENSE (infraction) 100

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF
IGNITION - 2nd OFFENSE WITHIN ONE YEAR
(infraction) 200

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF

IGNITION - ALL SUBSEQUENT OFFENSES WITHIN
ONE YEAR (infraction) 300

19.05.140 FIRE CODE - SKY LANTERNS - 1st OFFENSE (infraction) 100

19.05.140
FIRE CODE - SKY LANTERNS - 2nd OFFENSE WITHIN
ONE YEAR (infraction) 200

4.5 Code Title Fine

19.05.140

FIRE CODE - SKY LANTERNS - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.170
FIRE CODE - VACANT PREMISES - 1st OFFENSE
(infraction) 100

19.05.170
FIRE CODE - VACANT PREMISES - 2nd OFFENSE
WITHIN ONE YEAR (infraction) 200

19.05.170

FIRE CODE - VACANT PREMISES - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.180
FIRE CODE - FIRE WATCH REQUIRED - 1st OFFENSE
(infraction) 100

19.05.180
FIRE CODE - FIRE WATCH REQUIRED - 2nd OFFENSE
WITHIN ONE YEAR (infraction) 200

19.05.180

FIRE CODE - FIRE WATCH REQUIRED - ALL

SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.190
FIRE CODE - FIRE APPARATUS ACCESS ROADS - 1st
OFFENSE (infraction) 100

19.05.190
FIRE CODE - FIRE APPARATUS ACCESS ROADS - 2nd
OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.190

FIRE CODE - FIRE APPARATUS ACCESS ROADS - ALL

SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.300
FIRE CODE - EXPLOSIVES AND FIREWORKS - 1st
OFFENSE (infraction) 100

19.05.300
FIRE CODE - EXPLOSIVES AND FIREWORKS - 2nd
OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.300

FIRE CODE - EXPLOSIVES AND FIREWORKS - ALL

SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY -
1st OFFENSE (infraction) 100

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY -
2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY -

ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300
FISCAL IMPACT: None.

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. PROPOSED UPDATED BAIL SCHEDULE.PDF

4.6 RESOLUTION NO. NSA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ADOPTING AN UPDATED BAIL SCHEDULE AND DIRECTING STAFF TO FORWARD

THE UPDATED BAIL SCHEDULE TO THE SANTA CRUZ SUPERIOR COURT BE IT RESOLVED by the City Council of the City of Santa Cruz that the amended City of Santa Cruz Municipal Code Bail Schedule, attached hereto and incorporated herein by reference, is hereby adopted to include the following added or amended Code provisions:

Code Title Fine

4.04.015(a) FAILURE TO APPEAR OR POST BAIL (Misdemeanor) 500

5.76.180 BINGO, FILING OF ANNUAL REPORT REQUIRED 50

5.78.030(a) - (b)

CAMTC CERTIFICATION AND LOCAL
REGISTRATION REQUIRED 100

5.78.050(a) - (y)

MASSAGE BUSINESS OPERATING REQUIREMENTS
VIOLATION 100

5.82.110(m)

UNLAWFUL INTERFERENCE OR OBSTRUCTION OF

CERTAIN ENFORCEMENT ACTIVITIES RELATED TO
ENFORCEMENT OF SCMC 5.82 (misdemeanor) 60

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE

MATERIALS FROM SOLID WASTE OR
RECYCLABLES SET OUT FOR COLLECTION - 1st
OFFENSE (may be charged as a misdemeanor at discretion
of City Attorney) 100/100

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE

MATERIALS FROM SOLID WASTE OR
RECYCLABLES SET OUT FOR COLLECTION – 2nd
OFFENSE WITHIN ONE YEAR (may be charged as a
misdemeanor at discretion of City Attorney) 200/200

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE

MATERIALS FROM SOLID WASTE OR

RECYCLABLES SET OUT FOR COLLECTION - ALL
SUBSEQUENT OFFENSES WITHIN ONE YEAR (may
be charged as a misdemeanor at discretion of City Attorney) 500/500

6.12.040

USE OF NON CITY-PROVIDED ROLL-OUT CARTS
WITHOUT APPROVAL - 1st OFFENSE WITHIN ONE
YEAR (may be charged as a misdemeanor at discretion of
City Attorney) 100/100

6.12.040

USE OF NON CITY-PROVIDED ROLL-OUT CARTS
WITHOUT APPROVAL - 2nd OFFENSE WITHIN ONE
YEAR (may be charged as a misdemeanor at discretion of
City Attorney) 200/200

6.12.040

USE OF NONCITY-PROVIDED ROLL-OUT CARTS

WITHOUT APPROVAL - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (may be charged as a
misdemeanor at discretion of City Attorney) 500/500

4.7 RESOLUTION NO. NS2

6.12.050
ILLEGAL STORAGE OF RECEPTACLES - 1st
OFFENSE (may be charged as a misdemeanor at discretion
of City Attorney) 100/100

6.12.050
ILLEGAL STORAGE OF RECEPTACLES - 2nd
OFFENSE WITHIN ONE YEAR (may be charged as a
misdemeanor at discretion of City Attorney) 200/200

6.12.050

ILLEGAL STORAGE OF RECEPTACLES - ALL
SUBSEQUENT OFFENSES WITHIN ONE YEAR (may
be charged as a misdemeanor at discretion of City Attorney) 500/500

6.12.180
UNACCEPTABLE WASTE - 1st OFFENSE (may be
charged as a misdemeanor at discretion of City Attorney) 100/100

6.12.180
UNACCEPTABLE WASTE - 2nd OFFENSE WITHIN
ONE YEAR (may be charged as an infraction or
misdemeanor at discretion of City Attorney) 200/200

6.12.180

UNACCEPTABLE WASTE - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (may be charged as a
misdemeanor at discretion of City Attorney) 500/500

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - 1st
OFFENSE (infraction) 50

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - 2nd
OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - knowing
and willful violation, or THREE OR MORE OFFENSES
WITHIN ONE YEAR (misdemeanor) (may be charged as
an infraction at discretion of City Attorney) 200

6.75.030

GRAFFITI PROHIBITED TO REMAIN ON PROPERTY -
1st OFFENSE (infraction) 50

6.75.030

GRAFFITI PROHIBITED TO REMAIN ON PROPERTY -
2nd OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.030

GRAFFITI PROHIBITED TO REMAIN ON PROPERTY -
knowing and willful violation, or THREE OR MORE
OFFENSES WITHIN ONE YEAR (misdemeanor) 100

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT
CONTAINERS AND MARKER PENS - 1st OFFENSE
(infraction) 50

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT
CONTAINERS AND MARKER PENS - 2nd OFFENSE
WITHIN ONE YEAR (infraction) 100

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT
CONTAINERS AND MARKER PENS - knowing and
willful violation, or THREE OR MORE OFFENSES
WITHIN ONE YEAR (misdemeanor) 200

10.40.120(b)

PARKING OF OVERSIZED VEHICLES -
ENCROACHING UTILITY CONNECTIONS (infraction) 50

10.40.120(c)

PARKING OF OVERSIZED VEHICLES -
UNPERMITTED OPEN FIRES ON PUBLIC STREETS, 100

4.8 RESOLUTION NO. NS3

HIGHWAYS, ALLEYS, OR CITY PARKING LOTS
(misdemeanor)

10.40.120(d)

PARKING OF OVERSIZED VEHICLES - UNSAFE,
UNTIDY, OR UNSANITARY AREA (misdemeanor) 100

10.40.120(k)

PARKING OF OVERSIZED VEHICLES -
FRAUDULENT PERMIT PENALTY - 1st OFFENSE
(infraction) 50

10.40.120(k)

PARKING OF OVERSIZED VEHICLES -

FRAUDULENT PERMIT PENALTY - ANY

SUBSEQUENT OFFENSE WITHIN ONE YEAR
(misdemeanor) (may be charged as an infraction at
discretion of City Attorney) 100/50

10.40.270 ENGINE IDLING (infraction) 50

10.65.030 (a) - (e) PUBLIC GATHERING VIOLATION (infraction) 60

10.65.030 (f) PUBLIC GATHERING VIOLATION (misdemeanor) 120

13.30.100(a) PLANTING STREET TREES PERMIT REQUIRED 250

13.30.100(b)

TRIMMING AND REMOVAL OF STREET TREES
PERMIT REQUIRED 250

16.02.040(a)(1)

UNAUTHORIZED USE OF WATER FROM FIRE
HYDRANT 100

16.02.040(a)(2)

EXCESS WATER RUNNING TO WASTE FROM
LANDSCAPE IRRIGATION SYSTEM 100

16.02.040(a)(3) UNCORRECTED PLUMBING LEAK 100

16.02.040(a)(4)

WASHING OF EXTERIOR SURFACES WITHOUT
HOSE SHUTOFF NOZZLE 100

16.02.040(a)(5)

CLEANING OF STRUCTURES AND VEHICLES
WITHOUT HOSE SHUTOFF VALVE 100

16.02.040(a)(6)

RECYCLED WATER USED FOR ORNAMENTAL
FOUNTAINS REQUIRED 100

16.02.040(a)(7)

RECYCLED WATER USED FOR ALL COOLING
PURPOSES REQUIRED 100

16.02.040(a)(8)

RECYCLED WATER AND TIMERS REQUIRED AT
COMMERCIAL CAR WASHES 100

16.02.040(a)(9)

USE OF POTABLE WATER FOR DUST CONTROL OR
SOIL COMPACTION DURING CONSTRUCTION 100

16.02.040(a)(10)

INDISCRIMINATE RUNNING OF WATER WITHOUT
REASONABLE PURPOSE 100

16.02.040(a)(11)

USE OF POTABLE WATER TO IRRIGATE BETWEEN
10:00 A.M. AND 5:00 P.M. 100

16.02.040(b)(3)
Serving drinking water to any customer unless expressly requested 100

16.08.020

SEWER SYSTEM-DISCHARGE TO SANITARY SEWER
(misdemeanor) (may be charged as an infraction at
discretion of City Attorney) 110/60

16.08.030

STORM WATER DISCHARGE - SANITARY SEWER
(misdemeanor) (may be charged as an infraction at
discretion of City Attorney) 110/60

4.9 RESOLUTION NO. NS4

16.08.040
DISCHARGE TO STORM DRAIN (misdemeanor) (may be
charged as an infraction at discretion of City Attorney) 110/60

16.08.050

SWIMMING POOL WATER DISCHARGE
(misdemeanor) (may be charged as an infraction at
discretion of City Attorney) 110/60

16.08.060

BUILDING DRAIN/SEWER MAINTENANCE
(misdemeanor) (may be charged as an infraction at
discretion of City Attorney) 110/60

16.08.080
TAMPERING WITH PUBLIC SEWERS (misdemeanor)
(may be charged as an infraction at discretion of City
Attorney) 110/60

16.08.085
DAMAGE TO PUBLIC SEWER (misdemeanor) (may be
charged as an infraction at discretion of City Attorney) 110/60

16.08.110

PROHIBITIONS AND LIMITATIONS ON
WASTEWATER DISCHARGES (misdemeanor) (may be
charged as an infraction at discretion of City Attorney) 110/60

16.08.120

NONCONFORMING DISCHARGE OF RADIOACTIVE
WASTE (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.160

WASTEWATER DISCHARGE PERMITS REQUIRED
(misdemeanor) (may be charged as an infraction at
discretion of City Attorney) 110/60

16.19.030

DISCHARGE OF NON-STORMWATER RUNOFF
ENTERING STORM DRAIN SYSTEM (infraction) 60

16.19.030

DISCHARGE OF NON-STORMWATER RUNOFF

ENTERING STORM DRAIN SYSTEM WITH PRIOR
(continuing after notice) (misdemeanor) 110

16.19.040

INSTALLATION OR USE OF ILLICIT CONNECTIONS
TO THE STORM DRAIN SYSTEM (infraction) 60

16.19.040

INSTALLATION OR USE OF ILLICIT CONNECTIONS

TO THE STORM DRAIN SYSTEM WITH PRIOR
(continuing after notice) (misdemeanor) 110

16.19.090

LITTERING/DISCHARGE OF POLLUTION OR
DAMAGING SUBSTANCES PROHIBITED (infraction) 60

16.19.090

LITTERING/DISCHARGE OF POLLUTION OR
DAMAGING SUBSTANCES PROHIBITED (continuing
after notice) (misdemeanor) 110

19.05.080

ABATEMENT OF VIOLATION - FAILURE TO
COMPLY (misdemeanor) (may be charged as infraction at
discretion of City Attorney) 500/100

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF
IGNITION - 1st OFFENSE (infraction) 100

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF
IGNITION - 2nd OFFENSE WITHIN ONE YEAR
(infraction) 200

4.10 RESOLUTION NO. NS5

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF

IGNITION - ALL SUBSEQUENT OFFENSES WITHIN
ONE YEAR (infraction) 300

19.05.140
FIRE CODE - SKY LANTERNS - 1st OFFENSE
(infraction) 100

19.05.140
FIRE CODE - SKY LANTERNS - 2nd OFFENSE
WITHIN ONE YEAR (infraction) 200

19.05.140

FIRE CODE - SKY LANTERNS - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.170
FIRE CODE - VACANT PREMISES - 1st OFFENSE
(infraction) 100

19.05.170
FIRE CODE - VACANT PREMISES - 2nd OFFENSE
WITHIN ONE YEAR (infraction) 200

19.05.170

FIRE CODE - VACANT PREMISES - ALL

SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.180
FIRE CODE - FIRE WATCH REQUIRED - 1st OFFENSE
(infraction) 100

19.05.180
FIRE CODE - FIRE WATCH REQUIRED - 2nd
OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.180

FIRE CODE - FIRE WATCH REQUIRED - ALL

SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.190
FIRE CODE - FIRE APPARATUS ACCESS ROADS - 1st
OFFENSE (infraction) 100

19.05.190

FIRE CODE - FIRE APPARATUS ACCESS ROADS -
2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.190

FIRE CODE - FIRE APPARATUS ACCESS ROADS -

ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.300
FIRE CODE - EXPLOSIVES AND FIREWORKS - 1st
OFFENSE (infraction) 100

19.05.300
FIRE CODE - EXPLOSIVES AND FIREWORKS - 2nd
OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.300

FIRE CODE - EXPLOSIVES AND FIREWORKS - ALL

SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY
- 1st OFFENSE (infraction) 100

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY
- 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY
- ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR
(infraction) 300

4.11 RESOLUTION NO. NS6
The Clerk’s Office is hereby directed to send, via certified mailing, a certified copy of this newly adopted Bail Schedule and a copy of this Resolution to the Santa Cruz Superior Court Clerk’s Office.

PASSED AND ADOPTED this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

4.12 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

2.10.085 CAMPAIGN EXPENDITURE/CONTRIBUTION VIOLATION 110

2.20.110

VIOLATION OF ORDER OF EMERGENCY SERVICES DIRECTIOR
(misdemeanor) 500

3.09.050
RESPONSIBLE CONTRACTS - CITY CONTRACTS SECTION – CITY
ATTORNEY PROSECUTION (Infraction) (may be charged as misdemeanor at discretion of City Attorney) 100/200

3.16.220 VIOLATION OF ANY PROVISION OF 3.16 SALES TAX 500

3.28.030 FAILURE TO REMIT/PAY TRANSIENT OCCUPANCY TAX 500

3.28.060 FAILURE TO REGISTER FOR TRANSIENT OCCUPANCY CERTIFICATE 100

3.28.070 FAILURE TO TIMELY SUBMIT TRANSIENT OCCUPANCY TAX REPORT 100

3.28.080 FAILURE TO RETAIN TRANSIENT OCCUPANCY TAX RECORDS 100

3.36.030 FAILURE TO COLLECT/REMIT ADMISSION TAX 100

3.36.050 FAILURE TO REGISTER FOR ADMISSION TAX REGISTRATION CERTIFICATE 100

3.36.100 FAILURE TO TIMELY SUBMIT ADMISSION TAX REPORT 100

3.36.190 FAILURE TO RETAIN ADMISSION TAX RECORDS 100

4.02.080 ENTERING/OCCUPYING CONDEMNED PROPERTY (Misdemeanor) 500

4.02.090 VIOLATION OF THE PROPERTY MAINTENANCE CODE (Misdemeanor unless 500 specifically declared infraction)

4.04.015(a) FAILURE TO APPEAR OR POST BAIL (Misdemeanor) 1000 500

5.07.320 VIOLATION OF CANNABIS BUSINESS TAX ORDINANCE 500

5.12.020 VIOLATION OF HOTEL REGISTRY REQUIREMENTS 60

5.16.020 TAXICABS, OWNERS AND DRIVERS PERMITS REQUIRED 50

5.16.240 VIOLATION OF TAXICABS ORDINANCE -- 1ST OFFENSE (Infraction) 50

5.16.240
VIOLATION OF TAXICABS ORDINANCE -- SUBSEQUENT OFFENSE WITHIN 1 YEAR (Misdemeanor) 100

5.18.020 FOR HIRE VEHICLES, OWNERS PERMITS REQUIRED 50

5.28.020 AUCTIONS 30

5.36.040 DISTRIBUTION OF LITERATURE 30

5.40.030 BUSINESS LICENSE REQUIRED - PEDDLER/SOLICITOR 60

5.40.040 PEDDLING, SOLICITING AND CANVASSING, ENTRY UPON SIGNED 60

PREMISES UNLAWFUL

5.40.050 PEDDLING/SOLICITING/CANVASSING - HRS OF SOLICITATION 60

5.40.070
VIOLATIONS OF SOLICITING (may be reduced to infraction at discretion of City Attorney) 55/110

5.44.020 ENTERTAINMENT, PERMIT REQUIRED 100

5.44.030 ACCESSORIES TO ENTERTAINMENT VIOLATIONS 30

4.13 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

5.44.130 PERMIT TO BE POSTED IN A CONSPICUOUS PLACE UPON LICENSED 60

5.44.150

KEEP RULES AND REGULATIONS POSTED IMMEDIATELY ADJACENT TO THE PERMIT IN OPEN AND CLEAR VIEW 60

5.48.010 CARDROOMS AND TABLES, HOURS 150

5.48.020 CARDROOMS AND TABLES, PERMIT 150

5.48.050 CARDROOMS AND TABLES, ALCOHOLIC BEVERAGES 150

5.48.060 CARDROOMS AND TABLES, LOITERING 150

5.52.010 POOL, BILLIARDS, BAGATELLE LICENSE REQUIREMENTS 110

5.52.090 POOL, BILLIARDS, BAGATELLE CLOSING TIME 110

5.56.020 FORTUNE TELLING 100

5.76.040 BINGO, RULES & REGULATIONS 50

5.76.070 BINGO, PERMIT REQUIRED 50

5.76.180 BINGO, FILING OF ANNUAL REPORT REQUIRED 50

5.78.100 MASSAGE BUSINESS OPERATING REQUIREMENTS VIOLATION 500

5.78.030(a) - (b) CAMTC CERTIFICATION AND LOCAL REGISTRATION REQUIRED 100

5.78.050(a) - (y) MASSAGE BUSINESS OPERATING REQUIREMENTS VIOLATION 100

5.81.004 UNLAWFUL DISPLAY DEVICE ON CITY PROPERTY 60

5.81.005 DISPLAY DEVICES - CONDUCT IN EXEMPT ZONES 60

5.81.006 UNLAWFUL COMMERCIAL VENDING 60

5.81.007 UNLAWFUL USE OF BENCHES AND STREET FURNITURE 60

5.81.008 DISPLAY OF GOODS DIRECTLY ON SIDEWALKS OR STREET 60

5.82.110(m)

WILFULL INTERFERENCE OR OBSTRUCTION OF CERTAIN ENFORCEMENT ACTIVITIES RELATED TO ENFORCEMENT OF SCMC 5.82 (misdemeanor) 60

6.04.0601A SMOKING PROHIBITED IN ELEVATORS 40

6.04.0601B SMOKING PROHIBITED IN TAXICABS, PUBLIC TRANSIT VEHICLES AND 40

WAITING AREAS OF PUB TRANSIT DEPOTS

6.04.0601C SMOKING PROHIBITED IN RESTROOMS 40

6.04.0601D SMOKING PROHIBITED IN SERVICE LINES 40

6.04.0601E SMOKING PROHIBITED IN RETAIL STORES 40

6.04.0601F SMOKING PROHIBITED IN PLACES OF EMPLOYMENT 40

6.04.0601G SMOKING PROHIBITED IN ALL AREAS AVAILABLE TO AND USED BY 40

THE GENERAL PUBLIC IN BUSINESSES

6.04.0601H SMOKING PROHIBITED IN RESTAURANTS 40

6.04.0601I SMOKING PROHIBITED IN THEATER BAR COMBINATIONS AND DINNER 40

THEATERS

6.04.0601J SMOKING PROHIBITED IN PUBLIC AREAS OF GALLERIES, LIBRARIES, 40

AND MUSEUMS WHEN OPEN TO THE PUBLIC

6.04.0601K SMOKING PROHIBITED IN ANY AREA/FACILITY WHICH IS PRIMARILY 40

4.14 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

USED FOR EXHIBITING PERFORMANCES

6.04.0601L SMOKING PROHIBITED IN SPORT ARENA/CONVENTION HALLS 40

6.04.0601M SMOKING PROHIBITED IN EVERY ROOM, CHAMBER, PLACE OF 40

MEETING OR PUBLIC ASSEMBLY

6.04.0601N SMOKING PROHIBITED IN WAITING ROOMS, HALLWAYS, WARDS AND 40

PATIENT ROOMS OF HEALTH FACILITIES

6.04.0601O SMOKING PROHIBITED IN LOBBIES, HALLWAYS AND OTHER COMMON 40

AREAS IN MULTIPLE-UNIT FACILITIES

6.04.0601P SMOKING PROHIBITED-LOBBIES/HALLWAYS/OTHER COMMON AREAS 40

IN MULTIPLE-UNIT COMMERCIAL FACILITIES

6.04.0601Q SMOKING PROHIBITED IN POLLING PLACES 40

6.04.0601R SMOKING PROHIBITED IN CHILD CARE FACILITIES AND PRIVATE 40

RESIDENCES USED AS DAY CARE HOMES

6.04.0601S SMOKING PROHIBITED IN WHARF, PARKS, BEACHES, RECREATIONAL 40

TRAILS WHERE POSTED AS NONSMOKING

6.04.0601T SMOKING PROHIBITED IN VIDEO ARCADES, BINGO PARLORS, CARD 40

ROOMS, GAME ROOMS, POOL HALLS, DANCE HALLS

6.04.0601U SMOKING PROHIBITED IN AREAS WHICH SHARE AIR SPACE 40

6.04.0601V SMOKING PROHIBITED IN NON-SMOKING ROOMS IN HOTELS AND 40 MOTELS, 90% MUST BE SMOKE-FREE

6.04.0601W SMOKING PROHIBITED ON BEACH ST, PACIFIC AVE, CITY BLDGS, 40 PARKING LOTS, SIDEWALKS.

6.04.0601X SMOKING PROHIBITED IN ABBOTT SQUARE 40

6.05.030

PROHIBITION OF VENDING MACHINE SALE OF CIGARETTES OR OTHER TOBACCO (infraction 40

6.06.030 RESTRICTIONS ON TOBACCO ADVERTISING 40

6.06.040
RESTRICTION ON SELLING FLAVORED TOBACCO PRODUCTS -- 1ST OFFENSE 100
(Infraction)

6.06.040
RESTRICTION ON SELLING FLAVORED TOBACCO PRODUCTS -- 2ND OFFENSE 200
WITHIN 1 YEAR (infraction)

6.06.040
RESTRICTION ON SELLING FLAVORED TOBACCO PRODUCTS -- 3+
OFFENSES 500
WITHIN 1 YEAR (Infraction)

6.07.020(i) UNLAWFUL TOBACCO RETAILING 100/500/1000

6.07.020(m) UNLAWFUL TOBACCO RETAILING 5000

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE MATERIALS FROM SOLID WASTE OR RECYCLABLES SET OUT FOR COLLECTION - 1st OFFENSE (may be charged as a misdemeanor at discretion of City Attorney) 60100/100

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE MATERIALS FROM SOLID WASTE OR RECYCLABLES SET OUT FOR COLLECTION - 2nd OFFENSE WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 200/200

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE MATERIALS FROM SOLID

WASTE OR RECYCLABLES SET OUT FOR COLLECTION - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 500/500

4.15 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

6.12.035 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

6.12.040
USE OF NON CITY-PROVIDED ROLL-OUT CARTS WITHOUT APPROVAL - 1st OFFENSE WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 100/100

6.12.040
USE OF NON CITY-PROVIDED ROLL-OUT CARTS WITHOUT APPROVAL - 2nd OFFENSE WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 200/200

6.12.040

USE OF NON CITY-PROVIDED ROLL-OUT CARTS WITHOUT APPROVAL - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 500/500

6.12.050
ILLEGAL STORAGE OF RECEPTACLES - 1st OFFENSE (may be charged as a misdemeanor at discretion of City Attorney) 100/100

6.12.050
ILLEGAL STORAGE OF RECEPTACLES - 2nd OFFENSE WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 200/200

6.12.050

ILLEGAL STORAGE OF RECEPTACLES - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 500/500

6.12.060 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300/600/1500

6.12.180
UNACCEPTABLE WASTE - 1st OFFENSE (may be charged as a misdemeanor at discretion of City Attorney) 100/100

6.12.180
UNACCEPTABLE WASTE - 2nd OFFENSE WITHIN ONE YEAR (may be charged as an infraction or misdemeanor at discretion of City Attorney) 200/200

6.12.180

UNACCEPTABLE WASTE - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (may be charged as a misdemeanor at discretion of City Attorney) 500/500

6.14.020C DOG LICENSE DISPLAY 30

6.20.010 PRIVIES 30

6.20.020 SEPTIC TANKS & CESSPOOLS 30

6.36.030(a) CAMPING ON PRIVATE PROPERTY PROHIBITED (infraction) 5

6.36.030(a)

CAMPING ON PRIVATE PROPERTY PROHIBITED - FAILURE TO COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.030(b)

CAMPING ON PRIVATE PROPERTY PROHIBITED - PUBLIC NUISANC (infraction) 5

6.36.030(b)

CAMPING ON PRIVATE PROPERTY PROHIBITED- PUBLIC NUISANCE -

FAILURE TO COME INTO REASONABLY PROMPT
COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.040(a) OVERNIGHT ENCAMPMENTS PROHIBITED (infraction) 5

6.36.040(a)

OVERNIGHT ENCAMPMENTS PROHIBITED - FAILURE TO COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.040(b) DAYTIME ENCAMPMENTS PROHIBITED (infraction) 5

6.36.040(b)

DAYTIME ENCAMPMENTS PROHIBITED - FAILURE TO COME INTO
REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

4.16 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

6.36.040(g)
OVERNIGHT/DAYTIME ENCAMPMENTS PROHIBITED - EXCEEDS NINETYSIX HOURS (infraction) 5

6.36.040(g)

OVERNIGHT/DAYTIME ENCAMPMENTS PROHIBITED EXCEEDS NINETY-SIX

HOURS - FAILURE TO COME INTO REASONABLY PROMPT
COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.060(a)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS- IMPEDE EMERGENCY INGRESS/EGRESS (infraction) 5

6.36.060(a)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - IMPEDE

EMERGENCY INGRESS/EGRESS - FAILURE TO COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS
(misdemeanor) 10

6.36.060(b)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - DUMP GRAY OR BLACK WATER (infraction) 5

6.36.060(b)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - DUMP GRAY

OR BLACK WATER - FAILURE TO COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.060(c)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS ELECTRICAL CONNECTIONS (infraction) 5

6.36.060(c)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - ELECTRICAL

CONNECTIONS - FAILURE TO COME INTO REASONABLY PROMPT
COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.060(d)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - PUBLIC PROPERTY USED AS STORAGE(infraction) 5

6.36.060(d)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - PUBLIC

PROPERTY USED AS STORAGE- FAILURE TO COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS
(misdemeanor) 10

6.36.060(e)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - OPEN FIRES (infraction) 5

6.36.060(e)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - OPEN FIRES -

FAILURE TO COME INTO REASONABLY PROMPT
COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.060(f)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - MAINTAIN IN REASONABLY SAFE, TIDY AND SANITARY/HYGENIC FASHION (infraction) 5

6.36.060(f)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - MAINTAIN IN

REASONABLY SAFE, TIDY AND SANITARY/HYGENIC FASHION - FAILURE TO

COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.36.060(g)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - OCCUPY AREA GREATER THAN 12x12 FEET (infraction) 5

6.36.060(g)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS- OCCUPY AREA GREATER THAN 12x12 FEET - FAILURE TO COME INTO REASONABLY PROMPT COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS
(misdemeanor) 10

6.36.060(h)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - DAMAGE TO ENVIRONMENT (infraction) 5

4.17 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

6.36.060(h)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - DAMAGE TO

ENVIRONMENT - FAILURE TO COME INTO REASONABLY PROMPT
COMPLIANCE/SUBSEQUENT OFFENSE WITHIN 30 DAYS (misdemeanor) 10

6.48.020 USE OF POLYSTYRENE/PLASTIC FOAM 100/200/500

6.48.025

BIODEGRADABLE, COMPOSTABLE, RECYCLABLE FOOD SERVICE WARE REQUIRED 100/200/500

6.48.027 SALE OF POLYSTYRENE/PLASTIC FOAM PRODUCTS 100/200/500

6.48.040.2A PENALTY AFTER FIRST 30 DAYS - FIRST WARNING 100

6.48.040.2B PENALTY FOR SECOND VIOLATION IN 60 DAYS 200

6.48.040.2C PENALTY FOR THIRD VIOLATION IN 90 DAYS, & EACH ADD'L 30 DAY PERIOD 500

6.48.0403A EVENTS OF 1 TO 200 PERSONS 200

6.48.0403B EVENTS OF 201 TO 400 PERSONS 400

6.48.0403C EVENTS OF 401 TO 600 PERSONS 600

6.48.0403D EVENTS OF 600 OR MORE PERSONS 1000

6.49.035 BAG ORDINANCE VIOLATION 50

6.50.030 PROHIBITED COLLECTION OF ELECTRONIC DEVICES FOR RECYCLING 100/200/500

6.50.530A UNAUTHORIZED RELEASE OF HAZARDOUS MATERIALS 250

6.75.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

6.75.020 PLACEMENT OF GRAFFITI PROHIBITED - 1st OFFENSE (infraction) 50

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - 2nd OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.020
PLACEMENT OF GRAFFITI PROHIBITED - knowing and willful violation, or THREE OR MORE OFFENSES WITHIN ONE YEAR (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 50/100 200

6.75.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 600

6.75.030
GRAFFITI PROHIBITED TO REMAIN ON PROPERTY - 1st OFFENSE (infraction) 50

6.75.030
GRAFFITI PROHIBITED TO REMAIN ON PROPERTY - 2nd OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.030
GRAFFITI PROHIBITED TO REMAIN ON PROPERTY - knowing and willful violation, or THREE OR MORE OFFENSES WITHIN ONE YEAR (misdemeanor) (may be chared as infraction at discretion of City Attorney) 50/100

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT CONTAINERS AND
MARKER PENS - 1st OFFENSE (infraction) 50

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT CONTAINERS AND
MARKER PENS - 2nd OFFENSE WITHIN ONE YEAR (infraction) 100

6.75.040

UNLAWFUL DISPLAY OF AEROSOL SPRAY PAINT CONTAINERS AND
MARKER PENS - knowing and willful violation, or THREE OR MORE OFFENSES WITHIN ONE YEAR (misdemeanor) 50/100 200

6.93.140(2) UNLAWFUL VIOLATION OF SAFE DRUG 50

AND SHARPS DISPOSAL REGULATIONS

6.93.140(8) KNOWING AND WILLFUL VIOLATION OF SAFE DRUG 250

AND SHARPS DISPOSAL REGULATIONS

6.94.020
UNLAWFUL TO VIOLATE LAWFUL ORDERS RELATED TO COVID-19 – FIRST OFFENSE (infraction) 100

4.18 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

6.94.020
UNLAWFUL TO VIOLATE LAWFUL ORDERS RELATED TO COVID-19 – SECOND OFFENSE WITHIN 1 YEAR (infraction) 200

6.94.020
UNLAWFUL TO VIOLATE LAWFUL ORDERS RELATED TO COVID-19 – THIRD OFFENSE WITHIN 1 YEAR (infraction) 500

8.08.020 INTERFERENCE WITH POUNDMASTER 110

8.12.105 FAILURE TO SPRAY ADOPTED WITH ANIMAL 50

8.14.010 DOG LICENSE & METALLIC TAG REQUIRED 20

8.14.010 DOG LICENSE/METALLIC TAG REQUIRED W/2 OR MORE PRS 60

8.14.020A LICENSE TAGS SHALL BE SECURELY DISPLAYED UPON DOGS 30

8.14.020B LICENSE NOT TRANSFERABLE TO ANOTHER DOG AND SHALL 30

BECOME VOID UPON TRANSFER OF DOG TO ANOTHER OWNER

8.14.020C DOG LICENSE DISPLAY 30

8.14.040 VACCINATION REQUIRED 20

8.14.130 NUMBER OF FEMALE DOGS 20

8.14.199 DOGS ON UCSC CAMPUS 20

8.14.200A DOGS PROHIBITED ON ANY PUBLIC BEACH WITHIN THE CITY OF 30

SANTA CRUZ

8.14.0200B DOGS PROHIBITED WITHIN ANY PORTION OF THE WATERCOURSE OF 60

THE SAN LORENZO RIVER

8.14.200C DOGS PROHIBITED ON AREA DEFINED AS THE PACIFIC AVENUE MALL 30

8.14.200CA DOGS PROHIBITED ON THE PACIFIC AVENUE MALL - PACIFIC AVENUE 30

BETWEEN WATER ST AND ELM ST

8.14.200D DOGS PROHIBITED ON ANY PORTION OF THE STREET, SIDEWALK, OR 60

OTHER PUBLIC PROPERTY OF THE WHARF

8.14.200E DOGS PROHIBITED ON DESIGNATED PARK PROPERTIES 60

8.14.200 (1) (a-f) DOGS IN PUBLIC - PROHIBITED LOCATIONS 50

8.14.200 (2) DOGS IN PUBLIC – CLOSED OR RESTRICTED AREAS IN PARKS 90

8.14.205
IN PARKS VIOLATION OF DOWNTOWN DOG REGULATIONS (may be charged as infraction at discretion of City Attorney) 60/30

8.14.215 REMOVAL DOG DROPPINGS 60

8.14.310 DOGS AT LARGE 60

8.14.320 LEASH LAW 40

8.14.330 SAFETY OF ANIMAL IN MOTOR VEHICLE 60

8.14.340 SAFETY OF ANIMAL IN PARKED VEHICLE 60

8.14.380 ANIMAL DEFECATING ON OTHER PROPERTY 30

8.14.390 ANIMAL NUISANCE, NOISE 30

8.14.400 DOGS HARASSING PEOPLE 125

8.14.410 ANIMALS INJURING, KILLING OTHER ANIMALS 100

8.14.420A LIVESTOCK/WILD ANIMALS AT LARGE 100

8.14.430 DOG THREATEN OR INJURE WILD GAME OR LIVESTOCK 100

8.14.440 VICIOUS ANIMAL 110

8.14.445 POSSESSION OF WILD ANIMAL 110

8.14.455 USE OF STEEL-JAWED, LEG-HOLD TRAPS 110

8.14.560 TRAPS NOTICE OF CUSTODY OF STRAY ANIMALS 40

8.14.600 FAILURE TO QUARANTINE 540

8.16.030 MANDATORY SPAYING/NEUTERING 40

8.18.060 PERMIT FOR KEEPING WILD ANIMALS 20

8.18.070 KEEPING DISEASED OR CRIPPLED ANIMALS 20

4.19 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

8.18.100 DEAD ANIMALS IN PUBLIC PLACES 20

8.18.120 INJURE, KILL OR CAPTURE WILDLIFE 60

9.04.060A FAILURE OF INNKEEPER TO REPORT UNACCOMPANIED MINORS 60

9.04.060B FAILURE OF INKEEPER TO PRODUCE REGISTRY UPON SEARCH WARRANT 60

9.04.060 SECOND VIOLATION WITHIN 6 MONTHS (See 9.04.090B) 200

9.04.080 FAILURE TO TAKE CUSTODY OF UNACCOMPANIED MINOR AT HOTEL AFTER NOTICE 60

9.04.080 SECOND VIOLATION WITHIN 6 MONTHS (See 9.04.090B) 200

9.10.020 SOLICITING AFTER SUNSET OR BEFORE SUNRISE 50

9.10.030 PLACE OF SOLICITATION 50

9.10.030A SOLICIT AT ANY BUS STOP 50

9.10.030B SOLICIT IN ANY PUBLIC TRANSPORTATION VEHICLE 50

9.10.030C SOLICIT IN ANY VEHICLE ON THE STREET 50

9.10.030D SOLICIT ON PRIVATE PROPERTY WITHOUT PERMISSION 50

9.10.030E SOLICIT WITHIN 10 FT OF ENTRANCE WAY INTO OR EXIT FROM ANY 50

BUILDING OPEN TO THE PUBLIC

9.10.030F SOLICIT WITHIN 50 FT OF ANY BANK, SAVING AND LOAN OR OTHER 50

FINANCIAL INSTITUTION BUILDINGS

9.10.030G SOLICIT IN PARKING LOT OF ANY BANK, SAVINGS AND LOAN, OR 50

OR OTHER FINANCIAL INSTITUTION

9.10.030H SOLICIT WITHIN 50 FT OF ALL CASH DISBURSAL MACHINES 50

9.10.030I SOLICIT WITHIN 6 FT OF ANY BUILDING/FENCE/STRUCTURE 50

SEPARATING PRIVATE PROPERTY FROM PUB RIGHT OF WAY

9.10.030J SOLICIT WHILE SEATED ON OR LEANING AGAINST PUBLIC BENCH, 50

PLANTER, MONUMENT, OR OTHER PUBLIC PROPERTY

9.10.030K SOLICIT WHILE SEATED ON OR LEANING AGAINST PUBLIC BENCH, 50

9.10.030K Solicit within 14 feet of any street corner or intersection. 50

9.10.030L Solicit while within 14 feet of any open air dining area or café extension. 50

9.10.030M Solicit within 14 feet of any kiosk. 50

9.10.040A SOLICITING WITHIN 3 FT OF PERSON SOLICITED 50

9.10.040B SOLICIT BY BLOCKING PATH OF PERSON SOLICITED 50

9.10.040C SOLICIT BY FOLLOWING PERSON WHO WALKS AWAY 50

9.10.040D SOLICIT BY USING PROFANE OR ABUSIVE LANGUAGE 50

9.10.040E SOLICITING IN A GROUP OF TWO OR MORE 50

9.10.040F SOLICITING UNDER THE INFLUENCE OF ALCOHOL/DRUGS 50

9.10.040G SOLICITING WHILE IN POSSESSION OF A DOG 50

9.10.050A FALSE OR MISLEADING REPRESENTATION IN THE COURSE OF 50

SOLICITING A DONATION

9.10.050B SOLICITING FOR A SPECIFIC PURPOSE THEN SPENDS FOR A 50

DIFFERENT PURPOSE

9.10.060
PROHIBITED SOLICITATION TWICE WITHIN 6 MONTHS (may be reduced to infraction at discretion of City Attorney) 200/100

9.12.020 CONSUMPTION OF INTOXICATING LIQUORS IN PUBLIC PLACES 70

9.12.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 210

9.12.030 DISPLAY/POSSESSION OF OPEN CONTAINERS 70

4.20 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

9.12.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 210

9.12.030 DISPLAY OF OPEN CONTAINERS WITHIN 48 HOURS 50

9.12.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 150

9.12.040 MINOR'S SOLICITATION OF ALCOHOLIC BEVERAGE PURCHASES 50 (UNDER THE AGE OF 21)

9.12.040 SAFETY ENHANCEMENT ZONE TRIPLE FINE 150

9.12.050 POSSESSION OF ALCOHOL IN SAN LORENZO PARK 70

9.12.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 210

9.12.050 POSS OF ALCOHOL, SAN LORENZO PARK W/PR WITHIN 48 HOURS 175

9.12.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 525

9.12.070
POSSESSION OF OPEN CONTAINER WITH 48 HOUR PRIOR (may be reduced to infraction at discretion of City Attorney) 200/100

9.16.010 GAMING CURFEW 110

9.16.060 GAMING, VISITING 110

9.20.010 DEFACING SIDEWALKS 60

9.20.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.26.080 FIREARM DEALER - LOCATION AND SITE STANDARDS (infraction) 60

9.26.080

FIREARM DEALER - LOCATION AND SITE STANDARDS-SUBSEQUENT OFFENSE WITHIN 1 YEAR (misdemeanor) 110

9.26.090 FIREARM DEALER - COMPLIANCE WITH LAW (infraction) 60

9.26.090
FIREARM DEALER - COMPLIANCE WITH LAW -SUBSEQUENT OFFENSE WITHIN 1 YEAR (misdemeanor) 110

9.26.100 FIREARM DEALER - RECORD MAINTENANCE (infraction) 60

9.26.100
FIREARM DEALER - RECORD MAINTENANCE - SUBSEQUENT OFFENSE WITHIN 1 YEAR (misdemeanor) 110

9.26.155 FIREARM DEALER - INSURANCE REQUIREMENT (infraction) 60

9.26.155
FIREARM DEALER - INSURANCE REQUIREMENT -SUBSEQUENT OFFENSE WITHIN 1 YEAR (misdemeanor) 110

9.26.160 FIREARM DEALER - OPERATION WITHOUT AUTHORIZATION (infraction) 60

9.26.160

FIREARM DEALER - OPERATION WITHOUT AUTHORIZATION-SUBSEQUENT OFFENSE WITHIN 1 YEAR (misdemeanor) 110

9.28.010 DISCHARGE OF FIREARMS 150

9.28.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 450

9.29.020 FIREARMS LOCATED IN A RESIDENCE TO BE KEPT IN A LOCKED CONTAINER OR DISABLED WITH A TRIGGER LOCK (Infraction)
60 9.29.020 FIREARMS LOCATED IN A RESIDENCE TO BE KEPT IN A LOCKED

CONTAINER OR DISABLED WITH A TRIGGER LOCK - SUBSEQUENT
OFFENSE WITHIN 1 YEAR (Misdemeanor)
110

9.30.010 REPORTING LOST OR STOLEN FIREARMS (Infraction) 60

9.30.010 REPORTING LOST OR STOLEN FIREARMS (Misdemeanor) 110

9.32.020 CITY PROPERTY - FIREARM/AMMUNITION PROHIBITED 110

9.36.010 CURFEW, OFFENSIVE NOISE 60

9.36.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.010A CURFEW, OFFENSIVE NOISE BETWEEN THE HOURS OF 10 PM AND 60

4.21 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail
8:00 AM

9.36.010A SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.010A1 CURFEW, OFFENSIVE NOISE WITHIN 100 FEET OF ANY BUILDING 60

USED FOR SLEEPING PURPOSES

9.36.010A1 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.010A2 CURFEW, OFFENSIVE NOISE WHICH DISTURBS ANY PERSON 60

WITHIN HEARING DISTANCE OF SUCH NOISE

9.36.0101A2 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.020 UNREASONABLY DISTURBING NOISES 100

9.36.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

9.36.030
OFFENSIVE NOISE WITH 48-HOUR PRIOR (may be charged as infraction at discretion of City Attorney) 150/75

9.36.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 450

9.37.050(b)(1) CONDUCT OR ALLOW LOUD/UNRULY GATHERING (Infraction) 250

9.37.050(b)(2)
CONDUCT OR ALLOW LOUD/UNRULY GATHERING -2ND OFFENSE WITHIN 1 YEAR (Infraction) 500

9.37.050(b)(3)
CONDUCT OR ALLOW LOUD/UNRULY GATHERING -3RD & SUBSEQUENT OFFENSES WITHIN 1 YEAR (Misdemeanor) 1000

9.40.070 SOUND AMPLIFICATION DEVICES VIOLATION (infraction) 100

9.40.080
SOUND AMPLIFICATION DEVICES SUBSEQUENT VIOLATION WITHIN 48- HOURS (Misdemeanor) (may be charged as infraction at discretion of City Attorney) 150/75

9.46.020 AUTOMATIC CALLING DEVICES, TELEPHONE ADVERTISING 200

9.49.040 PROHIBITED SIGNS 30

9.49.040A PROHIBITED COMMERCIAL SIGNS 30

9.49.040B PROHIBITED SIGNS ON ANY BLDG, FENCE, FIRE ALARM, WIRES, 30

TRAFFIC SIGN, SIGNAL, TREE, OR SHRUB

9.49.040C SIGNS PLACED ON OR OVER ANY PORTION OF ANOTHER LAWFULLY 30

PLACED SIGN

9.49.060 FAILURE TO REMOVE PROHIBITED SIGN 30

9.50.010 OBSTRUCTION OF MOVEMENT IN PUBLIC PLACES 30

9.50.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

9.50.011 LYING DOWN ON PUBLIC SIDEWALKS IN DESIGNATED CITY ZONES 60

9.50.011 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.50.012 SITTING ON SIDEWALKS IN DESIGNATED CITY ZONES 60

9.50.012 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

4.22 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

9.50.012A SITTING DOWN ON PUBLIC SIDEWALKS AT A BUS STOP 60

9.50.012A SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012B SITTING DOWN ON PUBLIC SIDEWALK WITHIN 14 FEET OF A BUILDING 60

9.50.012B SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012B SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.012C SITTING DOWN ON PUBLIC SIDEWALKS WITHIN 50 FEET OF AN ATM 60

9.50.012C SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012D
SITTING DOWN ON PUBLIC SIDEWALKS WITHIN 14 FEET OF ANY FENCE THAT ABUTS A SIDEWALK 60

9.50.012D SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012D SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.012E SITTING DOWN ON PUBLIC SIDEWALKS WITHIN 14 FT OF FOUNTAIN, 60

9.50.012E SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
PHONE, BENCH, ETC. SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012E SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.012F SITTING DOWN ON PUBLIC SIDEWALKS WITHIN 14 FT OF STREET 60

9.50.012F SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
CORNER SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012F SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.012G SITTING DOWN ON PUBLIC SIDEWALKS WITHIN 14 FT OF OPEN AIR DINING AREA 60

9.50.012G SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012G SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.012H SITTING DOWN ON PUBLIC SIDEWALKS WITHIN 14 FT OF KIOSK 60

9.50.012H SAFETY ENHANCEMENT ZONE TRIPLE FINE 180
SUBSEQUENT OFFENSE WITHIN 30 DAYS 110

9.50.012H SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.013(A) SITTING DOWN ON PUBLIC BENCHES IN DESIGNATED ZONES 60

9.50.013(A) SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.50.013(B) SUBSEQUENT OFFENSE AFTER NOTIFICATION 110

9.50.013(B) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.016 PUBLIC URINATION AND DEFECATION PROHIBITED 80

9.50.016 SAFETY ENHANCEMENT ZONE TRIPLE FINE 240

9.50.016 PUBLIC URINATION AND DEFECATION PROHIBITED WITHIN 30 DAYS OR 110

ONE OR MORE PRIOR

9.50.016 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.020 CONDUCT ON PUBLIC PROPERTY, WALK, STAND, SIT OR LIE ON 60

PUBLIC PROPERTY, LAWN, OR BENCH

9.50.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.50.030 ABUSE OR MUTILATION OF TREES, PLANTS, AND LAWNS 110

9.50.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(1) DAMAGE, CUT, CARVE, OR REMOVE ANY TREE OR PLANT 110

9.50.030(1) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(2) ATTACH ANY SIGN, WIRE, OR INJURIOUS MATERIAL TO ANY TREE 110

4.23 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

OR PLANT

9.50.030(2) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(4) ABUSE OR MUTILATION OF TREES, PLANTS, AND LAWNS BY HARMFUL 110

GASEOUS, LIQUID OR SOLID SUBSTANCES

9.50.030(4) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(5) TIE HORSE, DOG, OR OTHER ANIMAL TO TREE OR PLANT 110

9.50.030(5) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(6) CLIMB ANY TREE OR PLANT 110

9.50.030(6) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(7) DIG IN OR OTHERWISE DISTURB PLANTS, LAWN OR GRASS AREAS 110

9.50.030(7) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(8) DAMAGE PUBLIC PROPERTY OR APPURTENANCES 110

9.50.030(8) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.050 SMOKING ON PUBLIC PROPERTY 20

9.50.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 60

9.50.070
SUBSEQUENT OFFENSE WITHIN 30 DAYS (may be reduced to infraction at discretion of City Attorney) 110/55

9.50.070 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.51.010 FISHING FROM BRIDGES 20

9.52.010 UNLAWFUL DIVING 110

9.56.050 HARMING HERITAGE TREE OR SHRUB 500

9.56.060 PERMIT REQUIRED FOR WORK SIGNIFICANTLY AFFECTING HERITAGE 214

9.56.060A REMOVAL OF HERITAGE TREE WITHOUT A PERMIT 214

9.56.060A REMOVAL OF HERITAGE TREE WITHOUT A PERMIT 214

9.56.060A REMOVAL OF HERITAGE TREE WITHOUT A PERMIT 214

9.56.090 STATE TREE CARE LICENSE REQUIRED 215

9.56.100 HARMING HERITAGE TREE ON PUBLIC PROPERTY 500

9.58.040 ALARM SYSTEMS, REGISTRATION 60

9.58.080 FALSE ALARM 60

9.60.010 TRESPASSING 60

9.60.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.60.010A REMAINING UPON BUSINESS PREMISES AFTER BEING NOTIFIED TO 60 LEAVE

9.60.010A SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.60.010B ENTERING BUSINESS PREMISES AFTER BEING NOTIFIED TO KEEP 60

OFF OR KEEP AWAY THERE FROM

9.60.010B SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.60.030
TRESPASSING WITH 48-HOUR PRIOR (may be reduced to infraction at discretion of City Attorney) 110/55

9.60.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.62.010 TRESPASS PUBLIC TRANSIT FACILITY (Infraction) 50

9.62.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 150

9.62.010 TRESPASS PUBLIC TRANSIT FACILITY (Misdemeanor) 250

9.62.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 750

9.64.030 TRESPASS PARKING GARAGE/LOT - AFTER WARNING 50

4.24 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

9.66.030 PROHIBITED USE OF WATER SPORTS EQUIPMENT 30

9.66.050 BLACKBALL POSTED NO SWIMMING OR BATHING 30

9.66.060 REGULATION OF OCEAN WATER SPORTS 30

9.66.080 OVER 5 KNOTS IN 5 KNOT ZONE 30

9.66.090 INSIDE 300 YARD ZONE 30

9.66.100 UNSAFE OPERATION 30

9.70.020 AREA WITHDRAWN FROM ACCESS 50

9.83.030 DISCRIMINATION - EMPLOYMENT 250

9.83.040 DISCRIMINATION - HOUSING/REAL ESTATE 250

9.83.050 DISCRIMINATION - BUSINESS/PUBLIC ACCOMODATION 250

9.83.060 DISCRIMINATION - EDUCATION 250

9.83.100 DISCRIMINATION - COERCION OR RETALIATION 250

9.83.110 DISCRIMINATION - PRESERVATION OF BUSINESS RECORDS 250

10.12.020 PERSONS OTHER THAN OFFICIALS DIRECTING TRAFFIC 20

10.12.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 60

10.12.030 OBEDIENCE TO POLICE OR AUTHORIZED OFFICERS 100

10.12.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

10.12.050 OBSTRUCT/INTERFERE WITH POLICE OR AUTHORIZED OFFICERS 65

10.12.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 195

10.12.060 AUTHORITY OF POLICE IN CROWDS OF PEOPLE AND VEHICLES 65

10.12.060 SAFETY ENHANCEMENT ZONE TRIPLE FINE 195

10.12.070 PUBLC EMPLOYEES TO OBEY TRAFFIC REGULATIONS 65

10.12.070 SAFETY ENHANCEMENT ZONE TRIPLE FINE 195

10.12.090 REPORT OF DAMAGE TO CERTAIN PROPERTY-VEHICLE OWNER 30

10.12.090 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

10.16.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 30

10.16.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

10.16.090 UNAUTHORIZED PAINTING OF CURBS 30

10.16.090 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

10.20.030 SIGNAL CONTROL INTERSECTIONS, RIGHT TURNS 50

10.28.030 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING-STOPPING 50

10.32.010 DRIVING THROUGH FUNERAL PROCESSION OR PARADE 50

10.32.020 CLINGING TO MOVING VEHICLE 50

10.32.030 COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS 50

10.32.040 RIDING OR DRIVING ON SIDEWALK 50

10.32.050 NEW PAVEMENT AND MARKINGS 50

10.32.060 OBEDIENCE TO BARRIERS AND SIGNS 60

10.32.060 OBEDIENCE TO BARRIERS AND SIGNS, PEDESTRIAN 20

4.25 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

10.32.070 ENTRANCE INTO INTERSECTION, OBSTRUCT TRAFFIC 50

10.32.080 LIMITED ACCESS 30

10.32.090 RESTRICTIONS IN USE OF FREEWAYS 20

10.32.100 CROSSING FIRE HOSE 30

10.32.110 VEHICLES RESTRICTED ON BEACHES & PARKS 60

10.36.020 PEDESTRIANS, CROSSWALKS 20

10.36.030 SPECIAL PEDESTRIAN TRAFFIC SIGNALS 20

10.36.040(c) REMAINING ON MEDIANS/ROUNDABOUTS 20

10.36.040(d) REMAINING ON MEDIANS/ROUNDABOUTS - SECOND OFFENSE WITHIN SIX MONTHS (may be reduced to infraction at discretion of City Attorney) 100/50

10.36.041 USE OF ROLLERSKATES, SKATEBOARDS, COASTERS. AND SIMILAR 20

DEVICES RESTRICTED

10.40.070 REPAIRING OR GREASING VEHICLES ON PUBLIC STREET 51

10.40.070 SAFETY ENHANCEMENT ZONE TRIPLE FINE 144

10.40.115 STOPPING OR STANDING OF COMMERCIAL VEHICLES OF CERTAIN 43

WEIGHT IN RESIDENTIAL DISTRICT

10.40.115 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

10.40.120(b)

PARKING OF OVERSIZED VEHICLES - ENCROACHING UTILITY
CONNECTIONS (infraction) 50

10.40.120(c)

PARKING OF OVERSIZED VEHICLES - UNPERMITTED OPEN FIRES ON

PUBLIC STREETS, HIGHWAYS, ALLEYS, OR CITY PARKING LOTS
(misdemeanor) 100

10.40.120(d)

PARKING OF OVERSIZED VEHICLES - UNSAFE, UNTIDY, OR UNSANITARY AREA (misdemeanor) 100

10.40.120(h) PARKING OF OVERSIZED VEHICLES- FRAUDULENT PERMIT PENALTY 168

10.40.120(h) SAFETY ENHANCEMENT ZONE TRIPLE FINE 504
SUBSEQUENT OFFENSE WITHIN ONE (1) CALENDAR YEAR (Infraction) 268

10.40.120(h) SAFETY ENHANCEMENT ZONE TRIPLE FINE 804
SUBSEQUENT OFFENSE WITHIN ONE (1) CALENDAR YEAR (Misdemeanor) 500

10.40.120(h) SAFETY ENHANCEMENT ZONE TRIPLE FINE 1500

10.40.120(k)
PARKING OF OVERSIZED VEHICLES - FRAUDULENT PERMIT PENALTY - 1st OFFENSE (infraction) 50

10.40.120(k)

PARKING OF OVERSIZED VEHICLES - FRAUDULENT PERMIT PENALTY - ANY SUBSEQUENT OFFENSE WITHIN ONE YEAR (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 100/50

10.40.250 STOPPING OR STANDING IN HANDICAPPED PARKING AREA 290

10.40.250 SAFETY ENHANCEMENT ZONE TRIPLE FINE 870

10.40.270 ENGINE IDLING (infraction) 50

10.48.010 LOUD NOISES IN VEHICLES 50

10.48.030B SEMI TRUCK FAILING TO REMAIN ON TRUCK ROUTE 100

4.26 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

10.52.090

PARKING METER OR STANDARD NOT TO BE USED FOR CERTAIN
PURPOSES 50

10.52.100 IMPROPER USE OF METER 50

10.54.030 PROHIBITED TO REPAIR OR GREASE VEHICLES 81

10.54.040 PROHIBITED TO WASH OR POLISH VEHICLES 51

10.56.030 TRAINS NOT BLOCK CROSSING 50

10.60. TRAINS, SPEED LIMIT 110

10.64.030A UNLAWFUL PUBLIC GATHERING EVENT 60

10.64.030B UNAWLFUL PUBLIC GATHERING PARTICIPATION 60

10.64.030C VIOLATION OF PUBLIC GATHERING PERMIT CONDITIONS 60

10.64.030D INTERFERENCE WITH PUBLIC GATHERING EVENT 60

10.64.030E VEHICULAR INTERFERENCE WITH PUBLIC GATHERING EVENT 60

10.64.030F FAILURE TO COMPLY WITH PUBLIC EVENT REVOCATION ORDER 60

10.64.030G PUBLIC/MAJOR EVENT VIOLATIONS, MISDEMEANOR 100

10.64.060 PERMIT REQUIRED - PUBLIC/MAJOR EVENT 60

10.64.070 PERMIT REQUIRED EXCEPTIONS - PUBLIC/MAJOR EVENT 60

10.64.090 APPLICATION - PUBLIC/MAJOR EVENT 60

10.64.100 LATE APPLICATION - PUBLIC/MAJOR EVENT 60

10.64.110 APPLICATION FEE - PUBLIC/MAJOR EVENT 60

10.65.030 (a) -
(e) PUBLIC GATHERING VIOLATION (infraction) 60

10.65.030 (f) PUBLIC GATHERING VIOLATION (misdemeanor) 120

10.65.080 APPLICATION - PUBLIC GATHERING EVENT 60

10.65.090 LATE APPLICATION - PUBLIC GATHERING EVENT 100

10.68. VEHICLES & TRAFFIC Bicycles 60

10.68.030 BICYCLES, OPERATION UPON SIDEWALKS 20

10.68.040 BICYCLES, GROUP OPERATION 20

10.68.050 BICYCLES, PARKING 20

10.68.060 BICYCLES, PARKING PROHIBITED 10

10.68.070 BICYCLES, RACING AND TRICK RIDING 10

10.68.080 PLACING OF BICYCLE RACKS 30

10.68.090 BICYCLES, PASSENGERS 10

10.68.100 BICYCLES, ENTERING PUBLIC RIGHT-OF-WAY 10

10.68.110 BICYCLE LICENSE PERMIT REQUIRED 20

10.68.160 TAMPERING WITH LICENSE OR SERIAL NUMBERS 20

10.68.200 OPERATING OF MOTORIZED BIKE ON MUNICIPAL PATHWAYS 30

10.69.010 ACCUMULATION AND STORAGE OF AN ABANDONED, DISMANTLED, 60

OR INOPERATIVE BICYCLE PARTS ON PUBLIC PROPERTY

10.75.270 TOWING VEHICLES - PUBLIC PROPERTY - PROHIBITED ACTS 80

10.80.190 TOWING VEHICLES - PRIVATE PROPERTY - OPERATING WITHOUT PERMIT 80

13.04.010 LIMITATIONS ON ACCESS AND USE OF PUBLIC PROPERTY 80

4.27 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

13.04.011C IN PARK AFTER HOURS 30

13.04.011D VIOLATION AMOUNT 50

13.04.021 OUTSIDE DESIGNATED FENCED AREA, LIGHTHOUSE POINT 80

13.08.010 BASEBALL ON BEACHES 30

13.08.020 LITTERING IN PARKS OR ON BEACHES 30

13.08.025 GLASS ON BEACH 30

13.08.030 ALCOHOLIC BEVERAGES 30

13.08.040 VEHICLE RESTRICTED ON BEACH AND PARK 80

13.08.050 FIRES PROHIBITED ON BEACH AND OR PARK 30

13.08.060 UNLAWFUL BATHING AND SWIMMING 30

13.08.070 BOATING OR CRAFT OF ANY KIND UNLAWFUL IN OR UPON ANY BODY 30

OF WATER IN ANY CITY PARK

13.08.080 NO FISHING IN ANY CITY PARK WATER EXCEPT WHERE AND WHEN 30

DESIGNATED

13.08.090(a)
INTERFERENCE WITH CITY EMPLOYEE AT PARK OR BEACH (may be charged as infraction at discretion of City Attorney) 100/50

13.08.090(b) THREATENING/ABUSIVE CONDUCT TOWARD CITY EMPLOYEE AT PARK OR BEACH (may be charged as infraction at discretion of City Attorney) 100/50

13.08.100 ORDER TO VACATE ANY PROPERTY MAINTAINED BY THE PARKS AND RECREATION DEPARTMENT (may be charged as infraction at discretion of City Attorney) 100/50

13.08.110 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

13.10.070 SELLING ANYTHING IN PUBLIC PARK OR BEACH WITHOUT PERMIT 60

13.12. PARKS & RECREATION Use of Skateboards & Bicycles 60

13.12.015 NO BICYCLE OR SCOOTER PERMITTED IN A CITY PARK OR 60

RECREATIONAL FACILITY DESIGNATED FOR SKATEBOARDING

13.14.050 SURF SCHOOL VIOLATION -- 1ST OFFENSE (infraction) 100

13.14.050 SURF SCHOOL VIOLATION -- 2ND OFFENSE WITHIN 1 YEAR (infraction) 200

13.14.050 SURF SCHOOL VIOLATION -- 3RD OFFENSE WITHIN 1 YEAR (Misdemeanor) 1000

13.30.100B UNLAWFUL TRIMMING/REMOVAL - SUCCESSIVE OFFENSE 428

13.30.100B UNLAWFUL TRIMMING/REMOVAL OF TREE ON PUBLIC PROPERTY 214

13.30.110 PROHIBITED VEGETATION - NUISANCE 30

13.30.100(a) PLANTING STREET TREES PERMIT REQUIRED 250

13.30.100(b) TRIMMING AND REMOVAL OF STREET TREES PERMIT REQUIRED 250

14.04. HARBOR & WHARF Municipal Wharf 30

14.04.260 UNNECESSARY DELAY 30

14.04.270 VESSEL REMAINING AT LANDING WHEN NOT LOADING OR

4.28 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail
DISCHARGING 30

14.04.280 MUNICIPAL WHARF, OBSTRUCTING APPROACH/EXIT 30

14.04.310 MALICIOUS SETTING ADRIFT 30

14.04.320 DOLPHINS OR WHARVES IN TURNING 110

14.04.330 FIRES PROHIBITED ON BOATS OR VESSELS 60

14.04.340 MUNICIPAL WHARF, MALICIOUS INJURY TO PROPERTY 100

14.04.360 MUNICIPAL WHARF, OBSTRUCTION 60

14.04.430 MUNICIPAL WHARF, GARBAGE 30

14.04.450 MUNICIPAL WHARF, FAIRWAY TO BE KEPT CLEAR 30

14.04.470 REPAIRS ON WHARF, PERMIT 20

14.04.480 MUNICIPAL WHARF, SOLICITING 20

14.04.490 PROTECTION OF WILDLIFE 20

14.04.550 MUNICIPAL WHARF, OPEN FIRE 130

14.06. HARBOR & WHARF Wharf Vehicle Regulations 60

14.06.010A WHARF VEHICLES REGS, SPEED LIMIT TRUCKS > 10MPH SEE SCHED

SEE SPEED

14.06.040 WHARF VEHICLES REGS, SPEED LIMIT OTHER VEH > 15 MPH SCHEDULE

SEE SPEED

15.08. STREETS AND SIDEWALKS General Provisions SCHEDULE

15.08.030 DRIVEWAY PERMIT 20

15.12. STREETS AND SIDEWALKS Standards 20

15.20.210 UNPERMITTED CURB/SIDEWALK REPAIRS OR TREE PRUNING/REMOVAL ON PUBLIC PROPERTY 100

15.28.010 STREET CUTTING, PERMIT 60

15.32. STREETS AND SIDEWALKS Obstructions 60

15.32.010 PLACEMENT OF OBSTRUCTIONS ON STREETS AND SIDEWALKS 100/200/500

15.32.010A1 OBSTRUCTIONS ON STREETS/SIDEWALKS WITH INTENT TO LEAVE 100/200/500

IN PLACE FOR AN UNREASONABLE PERIOD OF TIME

15.32.030 STREET OBSTRUCTION, MAINTENANCE AFTER DARK 20

15.32.040 SIDEWALK OBSTRUCTION, AFTER DARK 20

15.34. STREETS AND SIDEWALKS Encroachment Permits 20

15.36.010 PAINTING OF STREETS 20

16.02 WATER CONSERVATION 60

16.02.040(a)(1) UNAUTHORIZED USE OF WATER FROM FIRE HYDRANT 100

16.02.040.b(a)(2
)

EXCESS WATER RUNNING TO WASTE FROM LANDSCAPE IRRIGATION SYSTEM 100

16.02.040.c(a)(3
) UNCORRECTED PLUMBING LEAK 100

16.02.040.d(a)(4
) WASHING OF EXTERIOR SURFACES WITHOUT HOSE SHUTOFF NOZZLE 100

16.02.040.e(a)(5
)

CLEANING OF STRUCTURES AND VEHICLES WITHOUT HOSE SHUTOFF VALVE 100

16.02.040(a)(6) RECYCLED WATER USED FOR ORNAMENTAL FOUNTAINS REQUIRED 100

16.02.040(a)(7) RECYCLED WATER USED FOR ALL COOLING PURPOSES REQUIRED 100

4.29 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

16.02.040(a)(8)

RECYCLED WATER AND TIMERS REQUIRED AT COMMERCIAL CAR
WASHES 100

16.02.040(a)(9)

USE OF POTABLE WATER FOR DUST CONTROL OR SOIL COMPACTION DURING CONSTRUCTION 100

16.020.040.k(a)(
10) INDISCRIMINATE RUNNING OF WATER WITHOUT REASONABLE PURPOSE 100

16.02.040.L.1(a)
(11)
USE OF POTABLE WATER TO IRREGATE BETWEEN 10:00 A.M. AND 5:00 P.M. 100

16.02.040.L.2(b)
(3) Serving drinking water to any customer unless expressly requested 100

16.05.010B1 LOCH LOMOND, NUDITY 60

16.05.010B2 LOCH LOMOND, POSS FIRECRACKERS, EXPLOSIVES, ETC. 120

16.05.010B3 LOCH LOMOND, NO BICYCLE, SCOOTER, OR SKATEBOARD 60

16.05.030B LOCH LOMOND, ENTRY WHEN FACILITY CLOSED 120

16.05.030C LOCH LOMOND, FISHING BEFORE 6 AM OR AFTER SUNSET, RETURN 120 OF BOATS, USE OF PARK AFTER SUNSET 60

16.05.040A LOCH LOMOND RESERVOIR, NO VALID PERMIT 60

16.05.050(1) LOCH LOMOND, SUITABLE BOATS 60

16.05.050A LOCH LOMOND, BOAT LAUNCHING FROM UNDESIGNATED AREA 60

16.05.050C LOCH LOMOND, BOAT STANDARDS 60

16.05.050K LOCH LOMOND, BOARDING & EXCHANGE OF PASSENGERS 60

16.05.050O LOCH LOMOND, FLOATATION DEVICE 60

16.05.050P LOCH LOMOND, AGE RESTRICTION 60

16.05.060A LOCH LOMOND, FISHING PROHIBITED 60

16.05.060B LOCH LOMOND, DAILY LIMIT, PLUS $25.00 PER FISH 60

16.05.060C LOCH LOMOND, NO FISHING LICENSE/PERMIT 120

16.05.060D LOCH LOMOND, USE OF MINNOW (LIVE) BAIT 120

16.05.070A LOCH LOMOND, PICNIC IN PROHIBITED AREA 60

16.05.070B LOCH LOMOND, FIRE REGULATIONS 120

16.05.070C LOCH LOMOND, TAKING OF FIREWOOD (DESTROY TREES) 120

16.05.080 LOCH LOMOND, HIKING IN PROHIBITED AREA 60

16.05.090A LOCH LOMOND, DEPOSIT HUMAN WASTE IN RESERVOIR 120

16.05.090B LOCH LOMOND, BATHE/SWIM/WADE OR ENTER WATER 120

16.05.090C LOCH LOMOND, LITTERING 60

16.05.100B LOCH LOMOND, DRIVE VEHICLE IN RESTRICTED AREA 120

16.05.100C LOCH LOMOND, LEASH LAW 120

16.05.100D LOCH LOMOND ALCOHOL POSSESSION WITHOUT PERMIT 120

16.05.100E LOCH LOMOND, MUTILATE WILDLIFE/VEGETATION BY PERSON/DOG 120

16.05.100F LOCH LOMOND, POSSESS FIREARMS 120

16.05.100G LOCH LOMOND, MARK OR DEFACE INFRASTRUCTURE 120

16.05.100 M UNLAWFUL RELEASE OF ORGANISM INTO LOCH LOMOND RESERVOIR 100

16.05.110A LOCH LOMOND, SMOKING IN PROHIBITED AREA 120

16.05.110B LOCH LOMOND, OPEN FIRES 120

16.05.110C LOCH LOMOND, FIRES IN PROHIBITED AREA 120

16.05.110D LOCH LOMOND, PORTABLE BARBEQUES` 120

16.05.110E LOCH LOMOND, DISPOSE OF CHARCOAL 120

16.05.110F LOCH LOMOND, SMOKING, FIRES WHEN PROHIBITED 120

16.06.030A WATER WELLS, PERMIT 100

4.30 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

16.08.020 SEWER SYSTEM-DISCHARGE TO SANITARY SEWER 60

16.08.020
SEWER SYSTEM-DISCHARGE TO SANITARY SEWER (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.030 STORM WATER DISCHARGE - SANITARY SEWER 60

16.08.030
STORM WATER DISCHARGE - SANITARY SEWER (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.040 DISCHARGE TO STORM DRAIN 60

16.08.040
DISCHARGE TO STORM DRAIN (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.050 SWIMMING POOL WATER DISCHARGE 60

16.08.050
SWIMMING POOL WATER DISCHARGE (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.060 BUILDING DRAIN/SEWER MAINTENANCE 60

16.08.060
BUILDING DRAIN/SEWER MAINTENANCE (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.080
TAMPERING WITH PUBLIC SEWERS (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.085
DAMAGE TO PUBLIC SEWER (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.110

PROHIBITIONS AND LIMITATIONS ON WASTEWATER DISCHARGES
(misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.120
NONCONFORMING DISCHARGE OF RADIOACTIVE WASTE (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.160
WASTEWATER DISCHARGE PERMITS REQUIRED (misdemeanor) (may be charged as an infraction at discretion of City Attorney) 110/60

16.08.250
VIOLATION OF SEWER SYSTEM ORDINANCE (Misdemeanor for each separate offense & for each day violation occurs) 1000

16.19.030

DISCHARGE OF NON-STORMWATER RUNOFF ENTERING STORM DRAIN SYSTEM (infraction) 60 110

16.19.030

DISCHARGE OF NON-STORMWATER RUNOFF ENTERING STORM DRAIN SYSTEM WITH PRIOR (continuing after notice) (misdemeanor) 110

16.19.040

INSTALLATION OR USE OF ILLICIT CONNECTIONS TO THE STORM DRAIN SYSTEM (infraction) 60 110

16.19.040

INSTALLATION OR USE OF ILLICIT CONNECTIONS TO THE STORM DRAIN SYSTEM WITH PRIOR (continuing after notice) (misdemeanor) 110

16.19.060090

LITTERING/DISCHARGE OF POLLUTION OR DAMAGING SUBSTANCES PROHIBITED (infraction) 60

16.19.060090

LITTERING/DISCHARGE OF POLLUTION OR DAMAGING SUBSTANCES PROHIBITED (continuing after notice) (misdemeanor) 110

18.04.060 BUILDING CODE VIOLATIONS 100/200/500

18.06.020A BUILDING PERMIT FINAL INSPECTION, UNLAWFUL OCCUPATION 110

OF PREMISES

18.07.080A1 ENERGY CONSERVATION, EXISTING MULTI-FAMILY HOUSING, SELLING 110

4.31 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

WITHOUT FULL DISCLOSURE

18.07.080A2 ENERGY CONSERVATION, EXISTING MULTI-FAMILY HOUSING, 110

REFUSAL TO INSTALL

18.07.080A3 ENERGY CONSERVATION, EXISTING MULTI-FAMILY HOUSING, 110

RETALIATORY EVICTION OF TENANTS

18.08.0801 ELECTRIC CODE GENERAL REQUIREMENTS, MATERIALS, DEVICES, 110

18.08.0802 APPLIANCES, APPARATUS & EQUIPMENT/SAFETY

18.12 ELECTRIC CODE GENERAL REQUIREMENTS 110

18.12.080.1 PLUMBING CODE
PLUMBING CODE GENERAL REQ, MATERIALS, DEVICES, 110

18.12.080.2 APPLIANCES, APPARATUS & EQUIPMENT/SAFETY

18.12.080.3 PLUMBING CODE REQUIREMENTS, INSTALLATION STANDARDS 110

18.14 PLUMBING CODE REQ, PREVIOUSLY USED MATERIALS 110

MECHANICAL CODE

18.14.080.1 MECHANICAL CODE GENERAL REQ, MATERIALS, DEVICES, 110

18.14.080.2 APPLIANCES, APPARATUS & EQUIPMENT/SAFETY

18.20.090 MECHANICAL CODE, PREVIOUSLY USED MATERIALS 110

18.20.140 HOUSE MOVING, PERMIT REQUIRED 110

18.28.010 HOUSE MOVING, OBSTRUCTING STREETS 110
SIDEWALK MARQUEES, PERMISSION REQUIRED 110

18.32.030 SWIMMING POOLS, ENCLOSURES 110

18.44.070
EARTHQUAKE HAZARD REDUCTION – FAILURE TO COMPLY WITH THE TIME LINE 110

19.05.040 FIRE CODE - PERMITS REQUIRED - 1ST OFFENSE (infraction) 100

19.05.040
FIRE CODE - PERMITS REQUIRED - 2ND OFFENSE WITHIN 1 YEAR (infraction) 200

19.05.040
FIRE CODE - PERMITS REQUIRED - 3+ OFFENSES WITHIN 1 YEAR (Infraction) 300

19.05.060 FIRE CODE - OVERCROWDING - 1ST OFFENSE (infraction) 100

19.05.060 FIRE CODE - OVERCROWDING - 2ND OFFENSE WITHIN 1 YEAR (infraction) 200

19.05.060 FIRE CODE - OVERCROWDING - 3+ OFFENSES WITHIN 1 YEAR (Infraction) 300

19.05.070 VIOLATION OF FIRE CODE - 1ST OFFENSE (infraction) 100

19.05.070 VIOLATION OF FIRE CODE - 2ND OFFENSE WITHIN 1 YEAR (infraction) 200

19.05.070 VIOLATION OF FIRE CODE - 3+ OFFENSES WITHIN 1 YEAR (Infraction) 300

19.05.080
ABATEMENT OF VIOLATION - FAILURE TO COMPLY (misdemeanor) (may be charged as infraction at discretion of City Attorney) 500/100

19.05.100 FIRE CODE - VEGETATION - 1ST OFFENSE (infraction) 100

19.05.100 FIRE CODE - VEGETATION - 2ND OFFENSE WITHIN 1 YEAR (infraction) 200

19.05.100 FIRE CODE - VEGETATION - 3+ OFFENSES WITHIN 1 YEAR (Infraction) 300

4.32 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

19.05.110
FIRE CODE - DELIBERATE OR NEGLIGENT BURNING (misdemeanor) (may be reduced to infraction at discretion of City Attorney) 100/500

19.05.120

FIRE CODE - OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES - 1ST OFFENSE (infraction) 100

19.05.120

FIRE CODE - OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES - 2ND OFFENSE WITHIN 1 YEAR (infraction) 200

19.05.120

FIRE CODE - OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES - 3+ OFFENSES WITHIN 1 YEAR (Infraction) 300

19.05.130
FIRE CODE - THROWING OR PLACING SOURCES OF IGNITION - 1st OFFENSE (infraction) 100

19.05.130
FIRE CODE - THROWING OR PLACING SOURCES OF IGNITION - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.130

FIRE CODE - THROWING OR PLACING SOURCES OF IGNITION -ALL SUBSEQENT OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.140 FIRE CODE - SKY LANTERNS - 1st OFFENSE (infraction) 100

19.05.140 FIRE CODE - SKY LANTERNS - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.140

FIRE CODE - SKY LANTERNS - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.170 FIRE CODE - VACANT PREMISES - 1st OFFENSE (infraction) 100

19.05.170
FIRE CODE - VACANT PREMISES - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.170

FIRE CODE - VACANT PREMISES - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.180 FIRE CODE - FIRE WATCH REQUIRED - 1st OFFENSE (infraction) 100

19.05.180
FIRE CODE - FIRE WATCH REQUIRED - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.180

FIRE CODE - FIRE WATCH REQUIRED - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.190 FIRE CODE - FIRE APPARATUS ACCESS ROADS - 1st OFFENSE (infraction) 100

19.05.190
FIRE CODE - FIRE APPARATUS ACCESS ROADS - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.190

FIRE CODE - FIRE APPARATUS ACCESS ROADS - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (infraction) 300

19.05.300 FIRE CODE - EXPLOSIVES AND FIREWORKS - 1st OFFENSE (infraction) 100

19.05.300
FIRE CODE - EXPLOSIVES AND FIREWORKS - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

19.05.300

FIRE CODE - EXPLOSIVES AND FIREWORKS - ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR 300

19.05.310
FIRE CODE - TRESPASSING ON POSTED PROPERTY - 1st OFFENSE (infraction) 100

19.05.310
FIRE CODE - TRESPASSING ON POSTED PROPERTY - 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

4.33 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

19.05.310

FIRE CODE - TRESPASSING ON POSTED PROPERTY - ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (infraction) 300

21.01.010 UNLAWFUL TO DISCRIMINATE IN HOUSING (infraction) 100

21.01.010

UNLAWFUL TO DISCRIMINATE IN HOUSING - SUBSEQUENT OFFENSE WITHIN 6 MONTHS (misdemeanor) 200

21.02.070

FAILURE TO NOTIFY TENANT OF SECURITY DEPOSIT INTEREST
ENTITLEMENT 50

21.03.060

VIOLATION OF RELOCATION ASSISTANCE FOR DISPLACED TENANTS -- 1ST 100
OFFENSE (Infraction)

21.03.060 VIOLATION OF RELOCATION ASSISTANCE FOR DISPLACED TENANTS -- 500 SUBSEQUENT OFFENSE WITHIN SIX MONTHS (misdemeanor)

24.04.221.3 VIOLATION OF STOP ORDER 60

24.04.250.1 USES AND CONDITIONS NOT PERMITTED IN DISTRICT 60

24.04.250.2 USES AND CONDITIONS CONTRARY TO ZONING ORD. 60

24.04.250.3 USES AND CONDITIONS WITHOUT ZONING PERMIT 60

24.04.250.4 USES WITHOUT OCCUPANCY PERMIT 100/200/500

24.04.250.5 USES AND CONDITIONS CONTRARY TO ZONING PERMIT 100/200/500

24.04.250.6 VIOLATION OF ZONING ENFORCEMENT ORDER 60

24.08.410 DESIGN PERMIT REQUIRED 60

24.08.610 CONDITIONAL FENCE PERMIT REQUIRED 100/200/500

24.08.900 HISTORIC ALTERATION PERMIT REQUIRED 100/200/500

24.10.100 CAPACITY OR USE INTENSITY 100/200/500

24.10.140 CONDUCT OF COMMERCIAL ACTIVITIES 100/200/500

24.10.160 HOME OCCUPATION VIOLATION 100/200/500

24.10.350.2 ONE DWELLING PER LOT 60

24.10.1525 PROHIBITED USES - IG ZONE DISTRICT 100/200/500

24.12.125 LANDSCAPING REQUIREMENT 60

24.12.130 EXTENDED STORAGE OR PARKING IN YARD AREA 100/200/500

24.12.130.2 PARKING AND STORAGE IN YARDS MORE THAN 48 HOURS 100/200/500

24.12.140.4A ACCESSORY BUILDING OCCUPANCY 100/200/500

24.12.140.7 ACCESSORY BUILDINGS- ADMINISTRATIVE USE AND DESIGN 60

24.12.160.1A CONDITIONAL APPROVAL FOR FENCE HEIGHT OVER 3'6" 100/200/500

24.12.160.1E HEDGE HEIGHT IN EXCESS OF THREE FEET SIX INCHES 100/200/500

24.12.160.1F CLEAR CORNER TRIANGLES AND CLEAR VISION AREAS 100/200/500

24.12.190.1L GARAGE SALES NOT TO EXCEED THREE DAYS DURING ANY 100/200/500

SIX-MONTH PERIOD

24.12.240 NUMBER OF PARKING SPACES REQ 60

24.12.270.3 HANDICAPPED PARKING SPACE REQUIREMENTS 60

24.12.2803A1 PARKING FACILITIES WITH 5 OR LESS SPACES LESS THAN 60

24.12.290.8 PARKING REQUIREMENTS ON LOTS OF LESS THAN 50 FEET 60

24.12.320 ILLEGAL SIGNAGE 100/200/500

24.12.320.3 MOVEABLE FREE STANDING SIGNS 100/200/500

4.34 Exhibit A Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 9/26/2023
Section Description Bail

24.12.342 OFF-SITE COMMERCIAL ADVERTISING AND BILLBOARDS 100/200/500

24.12.430.5 DISCOVERY OF ARCHEOLOGICAL RESOURCES - FAILURE TO STOP WORK 500

24.12.510 MOBILE HOMES, GENERAL REQUIREMENTS 60

24.12.620 DOMESTIC ANIMALS RESTRICTIONS 100/200/500

24.12.620.1 DOMESTIC ANIMALS SHALL NOT BE PERMITTED TO RUN AT LARGE, 100/200/500 SHALL BE CONFINED WITHIN COOP OR YARD 100/200/500

24.12.620.2 ANIMAL ENCLOSURE SHALL BE MAINTAINED IN A CLEAN AND 100/200/500 SANITARY CONDITION 100/200/500

24.12.620.3 NO PART OF ANIMAL ENCLOSURE SHALL BE LOCATED LESS THAN 100/200/500 25 FEET FROM ANY DWELLING 100/200/500

24.12.630.2 FARM ANIMALS SHALL BE CONFINED AT ALL TIMES WITHIN A 100/200/500 SUITABLE ENCLOSURE 100/200/500

24.12.640 HORSES/PONIES/DONKEYS/MULES, NUMBER PERMITTED 100/200/500

24.12.1100 ALCOHOLIC BEVERAGE SALES, SPECIAL USE PERMIT 100

24.12.1102 ALCOHOLIC BEVERAGE SALES REQUIREMENTS FOR HIGH RISK 100

ALCOHOL

24.12.1103 ALCOHOLIC BEVERAGE SALES, ADMINISTRATIVE USE PERMIT 100

REQUIRED

24.12.1300 PERMIT REQUIRED FOR MEDICAL MARIJUANA PROVIDER

ASSOCIATION DISPENSARIES

24.12.1790 SHORT-TERM RENTAL -- 1ST OFFENSE (Infraction) 100

24.12.1790 SHORT-TERM RENTAL -- 2ND OFFENSE WITHIN 1 YEAR (Infraction) 200

24.12.1790 SHORT-TERM RENTAL -- 3 OFFENSES WITHIN 1 YEAR (Misdemeanor) 1000

24.12.1790
HOSTING PLATFORM THAT PROVIDES BOOKING SERVIC FOR SHORTTERM 1000 RENTAL VIOLATIONS (Misdemeanor)

24.14.220 DANGEROUS, INJURIOUS, NOXIOUS, OR OTHERWISE OBJECTIONABLE 100/200/500

PUBLIC NUISANCE, OR OTHER HAZARD

24.16.120.1 ACCESSORY DWELLINGS, RS-5A, RS-10A 60

24.16.120.2 ACCESSORY DWELLINGS, RS-1A, RS-2A 60

24.16.120.3 ACCESSORY DWELLINGS, RS-1-10 60

24.16.120.4 ACCESSORY DWELLINGS, RS-1-7 60

24.16.120.5 ACCESSORY DWELLINGS, RS-1-5 60

24.16.120.6 ACCESSORY DWELLINGS, R-L, R-T(A), (B), AND (D) 60

24.18.020.3 ANY LEGAL NONCONFORMING BUILDING OR STRUCTURE SHALL NOT 60

BE MADE MORE NONCONFORMING

24.18.070 NONCONFORMING USE – DISCONTINUANCE 60

4.35 1
Rosemary Balsley
From: Reggie Meisler <[email protected]>
Sent: Thursday, September 21, 2023 4:20 PM
To: City Council; Bonnie Bush; Matt Huffaker; Lisa Murphy; Larry Imwalle; [email protected]; Fred Keeley
Subject: Santa Cruz Legal question
Hello,
I’m just reading this bail schedule thing on the next city council meeting agenda and it sounds like an attempt to throw people in jail and keep them there for a variety of crimes that are really just the result of poverty… https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Documents/ViewDocument/Summary%20Sheet%20f or%20‐
%20Resolution%20Updating%20the%20City%20of%20Santa%20Cruz%20Bail%20Schedule.pdf?meetingId=215 3&documentType=Agenda&itemId=33385&publishId=49947&isSection=false Am I reading this correctly?
Thanks,
Reggie

4.36 1
Rosemary Balsley
From: Alicia Kuhl <[email protected]>
Sent: Thursday, September 21, 2023 4:33 PM
To: Reggie Meisler; City Council; Bonnie Bush; Matt Huffaker; Lisa Murphy; Larry Imwalle; [email protected]; Fred Keeley
Subject: Re: Santa Cruz Legal question

4.37 2
To me it looks specifically to add in language to make people forced to live in their oversized vehicles instead of sleeping on the streets into criminals. Acts of survival including sleeping should be challenged and ALLOWED while the shelter capacity in our jurisdiction is full under Martin v. Boise even if said homeless person is in a vehicle.

Alicia Kuhl
From: Reggie Meisler <[email protected]>
Sent: Thursday, September 21, 2023 4:20 PM
To: [email protected] <[email protected]>; [email protected] <[email protected]>; Matt Huffaker <[email protected]>; [email protected] <[email protected]>; Larry Imwalle <[email protected]>; acondotti@abc‐law.com <acondotti@abc‐law.com>; Fred Keeley <[email protected]> Subject: Santa Cruz Legal question

Hello,
I’m just reading this bail schedule thing on the next city council meeting agenda and it sounds like an attempt to throw people in jail and keep them there for a variety of crimes that are really just the result of poverty… https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fecm.cityofsantacruz.com%2FOnBaseAgendaOnlin e%2FDocuments%2FViewDocument%2FSummary%2520Sheet%2520for%2520‐ %2520Resolution%2520Updating%2520the%2520City%2520of%2520Santa%2520Cruz%2520Bail%2520Schedule.pdf%3F meetingId%3D2153%26documentType%3DAgenda%26itemId%3D33385%26publishId%3D49947%26isSection%3Dfalse &data=05%7C01%7C%7C0ef53a6bbde74dadf4ed08dbbaf95eba%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C 638309352423337601%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJ XVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=yIu3xZndA%2B42sh4UJE6PRNlF1m0NwY8%2FHOXC73%2Fd4T8%3D&reser ved=0
Am I reading this correctly?
Thanks,
Reggie

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

MINUTES OF A CITY COUNCIL MEETING
September 12, 2023
1:00 PM
Mayor Keeley opened the City Council Closed Session at 1:01 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Economic Development and Housing B. Lipscomb, Finance Director E.

Cabell, Director of Information Technology K. Morgan (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush.

Public Comment
Mayor Keeley opened the public comment period at 1:02 p.m. The following person spoke:

Robert Norse spoke regarding items 2.2 and 2.3.

Mayor Keeley closed the public comment period at 1:05 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

5.1 September 12, 2023 CITY COUNCIL MINUTES 6558
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, and 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: 140 Front Street
APN: 005-053-27
Owner: Seaside Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz, Seaside Company, and Golden State Warriors
Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Joshua David Abbey
2) Claimant: Barton Russell Jackson
3) Claimant: Barton Russell Jackson
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 10, 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) Council received a status report, and no reportable action was taken.

5.2 September 12, 2023 CITY COUNCIL MINUTES 6559
Closed Session (continued)

4. Conference with Legal Counsel – Existing Litigation (Government Code § 54956.9(d)(1))
1) Barbera v. Garney Pacific, Inc., et al.
(Santa Cruz County Superior Court Case No. 23CV01960)
2) City of Santa Cruz v. Chevron Corp., et al.
(Santa Cruz County Superior Court Case No. 17CV03243)
By unanimous vote on item 4.1, Council authorized the City Attorney’s office to file a cross-complaint against Garney Pacific, Inc. and the Soquel Creek Water District.

Council received a status report on item 4.2, gave direction, and took no reportable action.

5.3 September 12, 2023 CITY COUNCIL MINUTES 6560
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
September 12, 2023
2:00 PM
Call to Order – Mayor Keeley called the meeting to order at 2:04 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Public Works N. Nguyen, Chief People Officer S. De Leon, Finance Director E.

Cabell, Water Director R. Menard, Director of Economic Development and Housing B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Chief of Fire R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot, Chief of Police B. Escalante (via Zoom), Laboratory and Environmental Compliance Manager A. Babatola, Economic Development Manager R. Unitt, Principal Management Analyst E. Nguyen, Assistant Director of Public Works/City Engineer K. Crossley, Transportation Manager M. Starkey, Transportation Planner C. Gallogly, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush.

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

5.4 September 12, 2023 CITY COUNCIL MINUTES 6561
Oral Communications
At 2:05 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.

Rachael Sotos spoke regarding establishing a COVID-hysteria committee.

Karen Madura spoke regarding complaints made against Brady’s Yacht Club at the August 22, 2023 City Council meeting.

Garrett spoke regarding COVID-19 and pointed out that City Council is not Congress.

James Ewing Whitman spoke regarding COVID-19.

At 2:13 p.m. Mayor Keeley closed Oral Communications.

Presentations

5. Mayoral Proclamation Declaring September 2023 as Childhood Cancer Awareness Month
Mayor Keeley called on Councilmember Watkins to read from a Proclamation declaring September 2023 as Childhood Cancer Awareness Month. Allyssa GilOjeda, Jacob’s Heart Outreach Coordinator, accepted the proclamation.

Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from item 20 as this item has an impact on her employer, the Downtown Association.

Additions and Deletions – City Clerk Administrator B. Bush announced item 9 has been removed from the agenda and will be re-agendized for a future meeting.

City Attorney Report on Closed Session – See pages 6558-6559 for the report.

Council Meeting Calendar

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

5.5 September 12, 2023 CITY COUNCIL MINUTES 6562
Consent Agenda
Vice Mayor Golder pulled item 11 for further discussion.

Councilmember Newsome made a comment on item 12.

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

James Ewing Whitman spoke regarding item 17.

Mayor Keeley closed the public comment period.

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

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7. Minutes of the August 22, 2023 City Council Meeting (CC) Motion carried to approve as submitted.

8. Authorize Contract with Community Bridges to Operate the City Overlook Emergency Shelter Transportation Program - Budget Adjustment (CM) Motion carried to:
 Authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, between the City of Santa Cruz and Community Bridges in an amount of $314,508 to operate and manage the Emergency Shelter Transportation Program at the Armory for the contract period of September 15, 2023 through June 30, 2024; and
 Adopt Resolution No. NS-30,194 amending the FY 2024 budget to appropriate $314,508 from project p102206-Outreach and Shelter Staffing to project p102202 – Safe Sleeping & Shelter Armory.

5.6 September 12, 2023 CITY COUNCIL MINUTES 6563
Consent Agenda (continued)

9. Mission Gardens Apartments Amendment to HOME Investment Partnership Regulatory Agreement & Assumption Agreements (ED)
This item was removed from the agenda and was not discussed.

10. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Joshua David Abbey, 2) Barton Russell Jackson (date of occurrence 8/1/23), and 3) Barton Russell Jackson (date of occurrence 7/17/23), based on staff recommendation.

11. 2021 Compensation Study Implementation for Various Bargaining Groups (HR) Mayor Keeley opened the public comment period. The following person spoke.

Ken Bare
Mayor Keeley closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to:
 Adopt Resolution No. NS-30,195 modifying the Compensation Plan for identified Service classifications as a result of mapped enterprise-funded classifications receipt of pay increases from April 1, 2023; and  Adopt Resolution No. NS-30,196 modifying the Compensation Plan for identified Supervisory classifications to address compaction and market issues; and
 Adopt Resolution No. NS-30,197 amending the FY 2024 budget in the amount of $483,668 allocated to various departmental operating budgets to cover the aforementioned cost increases as identified in the budget adjustment.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

5.7 September 12, 2023 CITY COUNCIL MINUTES 6564
Consent Agenda (continued)

12. Main Beach Public Restroom Renovation Project – Authorization to Advertise for Bids and Award Contracts (PR)
Motion carried to approve the plans, authorize staff to advertise for bids, award contracts, and authorize the Director to execute change orders within the approved project budget for the Main Beach Public Restroom Renovation Project (c301913) which has been funded through the California Department of Transportation’s Clean California Local Grant Program Award. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

13. Regional Participation in Household Hazardous Waste Grant Cycle 41 (PW) Resolution No. NS-30,198 was adopted authorizing the City’s regional participation in the CalRecycle Household Hazardous Waste Cycle 41 and authorize the City Manager to submit all required documentation and payment requests.

14. CalRecycle Grant Authorization (PW)
Resolution No. NS-30,199 was adopted authorizing the City Manager to submit all CalRecycle Grants applications for which the City is eligible.

15. Scenic Street Sewer Rehabilitation (c401511) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the Scenic Street Sewer Rehabilitation (c401511), 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, in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.

16. Felton Diversion Emergency Pipeline Repair Project – Budget Adjustment (WT) Resolution No. NS-30,200 was adopted amending the FY 2024 budget to transfer $3,100,000 within the Water Department’s Capital Investment Program budget from the Water Program Management Reserve (c702003) to the Felton Diversion Emergency Pipeline Repair Project (e702301).

5.8 September 12, 2023 CITY COUNCIL MINUTES 6565
Consent Agenda (continued)

17. Approval of License Agreement with Soquel Creek Water District for DeLaveaga Tanks Communication Equipment (WT)
Motion carried authorizing the Water Director to execute a License Agreement with Soquel Creek Water District in a form approved by the City Attorney to access the Water Department’s DeLaveaga tank site and install and maintain communication equipment at the site.

End Consent Agenda
General Business

18. Water Commission Appointments (CC)
Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

City Clerk Administrator B. Bush spoke.

Councilmember Newsome nominated Jonathan Lear as his appointee to the Water Commission, with a term ending January 31, 2027.

Councilmember Brunner nominated Megan Goddard to serve at-large on the Water Commission with a term ending January 31, 2026.

By consensus, Council approved Councilmember Newsome’s direct appointment of Jonathan Lear to the Water Commission, with a term ending January 31, 2027.

By consensus, Council appointed Megan Goddard to the Water Commission, with a term ending January 31, 2026.

5.9 September 12, 2023 CITY COUNCIL MINUTES 6566
General Business (continued)

19. Amendment of Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on Wastewater Discharges (PW)
Laboratory and Environmental Compliance Manager A. Babatola spoke and responded to Council questions.

Water Director R. Menard responded to Council questions.

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

James Ewing Whitman
Garrett
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brunner moved, seconded by Councilmember Kalantari-Johnson, to introduce for publication Ordinance No. 2023-10 amending Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations of Wastewater Discharges, in compliance with the Clean Water Act at sections 403.6 (e) and 403.8 (National Pretreatment Standards).

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

5.10 September 12, 2023 CITY COUNCIL MINUTES 6567
General Business (continued)
At this time, Councilmember Brunner recused herself and left the dais.

20. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Economic Development Manager R. Unitt gave a presentation and responded to Council questions.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to:
 Approve the updated plan prepared by the Downtown Association for FY 2024; and
 Adopt Resolution No. NS-30,201 as a Resolution of Intention to levy a Downtown Parking and Business Improvement Assessment for FY 2024 and schedule a public hearing for September 26, 2023 on the levy of the assessments for FY 2024; and
 Introduce for publication Ordinance No. 2023-11 confirming that Chapter

5.05 of the Santa Cruz Municipal Code shall continue to apply to the Parking and Business Improvement and setting forth a new method and basis for levying assessments thereby resulting in an increased assessment.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

At this time, Councilmember Brunner returned to the dais.

5.11 September 12, 2023 CITY COUNCIL MINUTES 6568
General Business (continued)

21. Water Street Bridge Historical Marker (CN)
Councilmember Brunner spoke.

Don Lauritson, Commissioner on the Historic Preservation Commission, and Geoffrey Dunn, local historian, spoke.

Principal Management Analyst E. Nguyen spoke.

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

Garrett
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to approve the plaque language, location, and installation of the historical marker.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 3:24 p.m. and returned at 3:31 p.m.

5.12 September 12, 2023 CITY COUNCIL MINUTES 6569
General Business (continued)

22. West Cliff Infrastructure and Transportation Update (PW/CM) Director of Public Works N. Nguyen, Assistant Director of Public Works/City Engineer K. Crossley, Transportation Manager M. Starkey, and Transportation Planner C. Gallogly gave a presentation and responded to Council questions.

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

Pauline Seales
Susan Cavalieri
Glenn Seiler
Amelia Conlen
Stephen Svete
Elizabeth Peck
Justin Tucker
Garrett
Don Iglesias
Cathy Iglesias
Gillian Greensite
Tom Powers
Unidentified person
Rob Tidmore
Unintelligible name
Mike Fraguglia
Unidentified person
Roger Bernstein
Mayor Keeley closed the public comment period.

5.13 September 12, 2023 CITY COUNCIL MINUTES 6570
General Business (continued)

22. West Cliff Infrastructure and Transportation Update (PW/CM) (continued) MOTION: Vice Mayor Golder moved, seconded by Councilmember Kalantari-Johnson, to:
 Receive updates on West Cliff-related capital projects including Bethany Curve culvert, riprap, and infill walls; transportation efforts including the study conducted on the one-way pilot; and infrastructure next steps including impacts for West Cliff given construction projects;  Direct staff to restore two-way traffic, remove the one-way pilot when the infill walls are complete, and include further traffic options in the 50-year vision project;
 Adopt Resolution No. NS-30,202 to approve a City traffic calming toolkit; and
 Adopt Resolution No. NS-30,203 to amend the FY 2024 budget to appropriate $1.7 million from Gas-Tax, $1 million from General Fund Capital Investment Program (CIP), and $1 million from state earmark to the West Cliff Stabilization Project (c401501).

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 5:59 p.m.

5.14 September 12, 2023 CITY COUNCIL MINUTES 6571
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

5.15 City Council

AGENDA REPORT
DATE: 09/07/2023
AGENDA OF: 09/26/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: Amendments to Extend the Term of the Ground Lease, Temporary Arena Lease and the Loan Agreement for the Kaiser Permanente Arena (ED) RECOMMENDATION: Motion to approve the amendments to the term of the Ground Lease between the City of Santa Cruz and the Seaside Company and the Arena Lease and Loan Agreement between the City of Santa Cruz and the Santa Cruz Warriors for the Kaiser Permanente Arena.

BACKGROUND: In 2012, the Kaiser Permanente Arena (Arena) was developed as a publicprivate partnership between the City of Santa Cruz, the Santa Cruz Seaside Company, the operator of Santa Cruz’s iconic Beach Boardwalk amusement park, and the Golden State Warriors, a National Basketball Association (NBA) team. The Arena is the home arena for the Santa Cruz Warriors, a franchise of the NBA Development League. The Arena is managed by the Warriors and primarily hosts league affiliated events, although the Arena has served a broader community purpose, hosting significant community and City events over the last 10 years. The Santa Cruz Seaside Company ground leases the land to the City and the City, who owns the Arena building, leases the Arena to the Santa Cruz Warriors. The location of the Arena was chosen to serve two primary purposes, to bolster the downtown economy and serve as a catalyst for revitalizing the lower Pacific/Front area, building a stronger connection between the Downtown and Beach areas.

Prior to the original seven-year expiration of the leases, the City, Santa Cruz Seaside Company and the Santa Cruz Warriors extended the original agreements an additional two years to 2021 with an option to extend through September 2022. In August of 2022, the parties exercised the remaining option to extend through September 2023.

Discussions regarding a permanent facility have been on-going over the last decade including the 2017 analysis conducted by the City with Victus Advisors, sports arena consultants specializing in market and mixed-use arena project feasibility studies. The study concluded favorably that a permanent arena could succeed in Santa Cruz and that the existing location was among the top preferred locations for its continued success. The study specifically addressed the following considerations:
• The market support for a permanent arena facility in Santa Cruz • A determination of the size and features that a successful arena would require

6.1 • The extent to which an arena facility in Santa Cruz can cover its operational costs on an annual basis, and to what extent it can contribute to funding its own capital construction costs • Recommendations on management and operations structures • An assessment of the economic development benefits that would accrue to the city from arena operations and construction
• The likely future effect of arena operations on existing public assembly facilities such as the Civic Auditorium
• Potential to engage other community stakeholders such as the University of California, Santa Cruz, the Santa Cruz Seaside Company and the Golden State Warriors as a partner in development of a new facility
DISCUSSION: The City has been engaged over the last few years in discussions with the Santa Cruz Warriors and the Santa Cruz Seaside Company regarding the future and permanent home of the Warriors within Santa Cruz and potential site development options for an arena anchored mixed-use project that could be developed in the area south of Laurel Street. A permanent arena as part of a larger mixed-use project is currently being contemplated in the Downtown Plan Expansion Planning Study. With the popularity of the Golden State Warriors regionally and nationally and the popularity and success of the Santa Cruz Warriors locally, the franchise has received considerable interest in relocating the Santa Cruz Warriors to a more permanent home elsewhere in the Bay Area. Given the pressing considerations above, the City has been actively engaged in discussions and options for creating a permanent home for the Santa Cruz Warriors in Santa Cruz.

The Santa Cruz Warriors have been a tremendous success in the City of Santa Cruz, enjoying sold-out games with a dedicated regional fan base. In addition, the Santa Cruz Warriors have become a vital community presence supporting many non-profit organizations as well as active engagement with our area schools and youth programs. The Santa Cruz Warriors have been an impressive and unifying force for building community spirit and bringing together a diversity of fans across age, gender, ethnicity, lifestyle, social economic status and sports knowledge. The Santa Cruz Warriors have also had a positive impact on the City from an economic development perspective. Their presence in the south of Laurel neighborhood of lower Pacific Avenue and Front Street has helped revitalize the area. Several significant housing projects are in development or have been completed in the area including the City Council approved project at Front and Laurel streets and the recently completed project at 555 Pacific Avenue. In addition, Downtown businesses and restaurants in particular have benefited from increased patronage from fans that attend the games and park in the downtown to shop and eat before and after games.

The proposed amendments to the existing agreements would extend the terms an additional three years through September 2026 with two one-year extension options. The parties would have an early termination option beginning in September 2025. As part of the original loan agreement, repayment was structured over the term of the lease agreement and any extensions. While the loan agreement between the City and the Santa Cruz Warriors will align with the term of the Arena Lease, it is contemplated that the original loan of $4.07 Million will be fully repaid within the coming year. The outstanding balance of the remaining principal on the original loan is approximately $240,000 and the payment schedule for loan payments over the next year will fully retire the loan. The Santa Cruz Warriors have been current on all of their loan payments throughout the term of the loan. All other substantive terms and commitments of the original agreements will remain in place with the proposed amendments. The City additionally receives

6.2 Admissions tax, a facility use fee and a portion of concession revenue and additional rent from all applicable (non-community) events held in the arena.

The Santa Cruz Warriors have expressed an interest and strong desire to remain in Santa Cruz and the Santa Cruz Seaside Company has also expressed its interest in continuing the partnership for a permanent home for the Santa Cruz Warriors in Santa Cruz. Approving the amendments to the terms of the agreements will enable the parties to continue discussions and mixed-use options for a permanent home for the Santa Cruz Warriors in Santa Cruz.

FISCAL IMPACT: Approval of the amendments will enable the City to continue receiving General Fund Admission Tax in addition to repayment of the outstanding principal and interest of the original loan along with concession, rent and facility use fee revenue for the remaining term of the agreements.

Prepared and Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

6.3 City Council

AGENDA REPORT
DATE: 09/06/2023
AGENDA OF: 09/26/2023
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Michael Lewis Sweatt, and 2) Andre Deladier Almeida, based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: Claims to be rejected:

1. Claimant: Michael Lewis Sweatt
Date of occurrence: 7/13/23
Date of claim: 8/14/23
Amount of claim: $1,300.00
Claimant seeks compensation for personal items allegedly lost during Police action.

Self-Represented

2. Claimant: Andre Deladier Almeida
Date of occurrence: 1/09/23
Date of claim: 8/31/23
Amount of claim: $10,000.00
Claimant seeks reimbursement for damages allegedly caused by a City owned tree.

Self-Represented
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

7.1 City Council

AGENDA REPORT
DATE: 07/10/2023
AGENDA OF: August 22, 2023
DEPARTMENT: Human Resources
SUBJECT: Side Letters of Agreement with Service Employees International Union and Supervisory OE3 - Duty Assignment and Shift Differential for Lone Operators Changes (HR)
RECOMMENDATION: Motion to:
1) Adopt a resolution approving a Side Letter of Agreement with the Santa Cruz Service Employees of the Service Employees International Union, Local 521, and 2) Adopt a resolution approving a Side Letter of Agreement with the Supervisory, Operating Engineers Local #3.

BACKGROUND: Duty assignment is defined in the Service Employees Union International (SEIU) and Supervisory, Operating Engineers Local #3 (OE3) labor contracts as:
" … an assignment to an on-call status for a specified period of time. While on duty assignment, an employee must remain available to be contacted by phone or pager and be able to report to work within a thirty (30) minute period. Duty assignment shall not be considered "hours worked" pursuant to the Fair Labor Standards Act.”
Water and Wastewater Operations for the City of Santa Cruz operate on a twenty-four hourseven day a week, 365 days of the year.

The nature of duty assignment is critical to maintaining water distribution to over 65,000 community members and preventing the unnecessary loss of water, a valuable resource required for continuity of life. Some examples of what Water Distribution duty assignment staff support include, but are not limited to, the following critical incidents:
 Water main breaks
 Fire hydrant hits/bursts
 Customer inquiries and problems without the knowledge or understanding to troubleshoot it
 Other issues in high priority areas that could cause damage to infrastructure and/or the environment

8.1 Additionaly, duty assignment staff in Wastewater operations support sewer system upsets and other related emergencies.

Duty assignment is also done in a variety of other city operations including:

Department Activity
Fire Fire Marine Rescue
Parks & Recreation Neighborhood Parks
Community and Regional Parks
Open Space
Golf
Wharf
Public Works Street Maintenance
Parking Control
WW Collection
WW Treatment
Off Street Parking
Water Engineering
Production
Distribution
Duty rosters are populated on a voluntary basis where employees choose week long assignments at varous times throughout the year. Historically, assignments were coveted by employees because of the extra compensation provided. However, the duty assignment rate has not increased and it is becoming increasingly difficult for supervisors and managers to populate the roster using volunteers. Employees have reported that the rates do not compete with the tradeoffs of giving up a week of personal time.

Shift Differentials associated with Lone Operators for SEIU and OE3 labor contracts is defined as:
“Any employee who is required and authorized by mangement to work, and actually works, a regularly scheduled shift at least one hour or more of which fall between the hours of 6:00p.m. and 6:00a.m. shall be paid a shift differential of ninety cents ($.90) per hour or five percent (5%), whichever is greater, for each hour worked wtihin the shift differential period of 6:00p.m. and 6:00 a.m.”
In addition to the shift differental stated above, Wastewater and Water Lone Operators also receive additional shift differential based on being the only qualified operator working alone (except for callback responses) for varying hour minimums (typically four to six hours working alone).

The compensation associated with duty assignment and lone operator shift differentials has not increased for at least the last ten years. Compensation is currently as follows:

SEIU Section Title Existing

10.06.01 Water Plant Lone Operator $2.00/hour subject to conditions.

8.2 SEIU Section Title Existing

10.06.02 Wastewater Plan Lone Operator $2.00/hour subject to conditions.

10.09.03A Duty Assignment Compensation, Weekday 1.5 hours base pay for 16-hour assignment

10.09.03B Duty Assignment Weekend 2-hour base pay for 24-hour assignment

10.09.03 E Duty Call Rest period More than twelve (12) hours worked within a24-hour period, and any
portion of twelve (12) hours is after
midnight, employee receives eight (8)
hour rest period prior to returning to
work.

OE3 Section Title Existing

13.10.03A Duty Assignment Compensation, Weekday 1.5 hours base pay for 16-hour assignment

13.10.03B Duty Assignment Compensation, Weekend 2-hour base pay for 24-hour assignment

13.10.03E Duty Assignment Rest Period More than twelve (12) hours worked within a24-hour period, and any
portion of twelve (12) hours is after
midnight, employee receives eight (8)
hour rest period prior to returning to
work.

13.11.03.A Senior Wastewater Plan Operators On-Call Assignment – Compensations, Regular Days

0.75x hour of base pay for 8-hour
assignment

13.11.03.B Senior Wastewater Plan Operators On-Call Assignment – Compensations, City Designated 8-Hour Holiday

1.5 hours x base hourly pay for 8-hour
assignment
DISCUSSION: Modifications to the SEIU and OE3 contracts address: 1)challenges associated with populating voluntary duty assignment rosters; 2) recruitment and retention challenges given compensation trends of neighboring jurisdictions; and 3) employee safety and burnout.

In FY 2023, there were over 250 duty assignment callouts for Water Distribution staff alone.

Incentivizing staff to take voluntary assignments, diversifying the employees who accept the assignments, and transition of such assignment to more junior staff will improve employee morale, reduce burnout, and ensure services remain intact for the community.

In summary the changes to duty assignment and shift differential include:

SEIU Section Title Existing Proposed

10.06.01 Water Plant Lone
Operator
$2.00/hour subject to conditions. $4.00/hour subject to conditions.

10.06.02 Wastewater Plan Lone
Operator
$2.00/hour subject to conditions. $4.00/hour subject to conditions.

8.3 SEIU Section Title Existing Proposed

10.09.03A Duty Assignment
Compensation, Weekday

1.5 hours base pay for 16-hour
assignment

2.0 hours base pay for 16-hour
assignment

10.09.03B Duty Assignment
Weekend
2-hour base pay for 24-hour
assignment
3-hour base pay for 24-hour
assignment

10.09.03 E Duty Call Compensation
and Rest period
All Duty Hours Outside
Regularly Scheduled Shift 1.5x
base pay
2 Hour Minimum
Rest Period More than twelve
(12) hours worked within a 24-
hour period, and any portion of
twelve (12) hours is after
midnight, employee receives
eight (8) hour rest period prior to
returning to work at regular
compensation rate.

All Duty Hours Outside
Regularly Scheduled Shift 1.5x
base pay
2 Hour Minimum
2x Base Pay for hours: 1) worked
over 12 hours of continuous shift
or a 24 hour period 2) hours
worked between 12a.m.-7a.m.

10.09.04 Fatigue Pay – Received
regular rate of pay:
2 Hour Minimum for hours
worked between 12a.m.-7a.m.

Hours Earned Based on Work:
2 – hours worked earns 2 hours
rest
3 hours work earns 3 hours rest
Over 4+ hours worked earns 8
hours rest.

OE3 Section Title Existing Proposed

13.10.03A Duty Assignment
Compensation, Weekday

1.5 hours base pay for 16-hour
assignment
2 hours base pay for 16-hour
assignment

13.10.03B Duty Assignment
Compensation, Weekend
2-hour base pay for 24-hour
assignment
3 hour base pay for 24-hour
assignment

13.10.03E Duty Assignment
Compensation and Rest
Period
All Duty Hours Outside
Regularly Scheduled Shift 1.5x
base pay
2 Hour Minimum
Rest Period More than twelve
(12) hours worked within a 24-
hour period, and any portion of
twelve (12) hours is after
midnight, employee receives
eight (8) hour rest period prior
to returning to work at regular
compensation rate.

All Duty Hours Outside
Regularly Scheduled Shift 1.5x
base pay
2 Hour Minimum
2x Base Pay for hours: 1) worked
over 12 hours of continuous shift
or a 24 hour period 2) hours
worked between 12a.m.-7a.m.

10.09.04 Fatigue Pay – Received
regular rate of pay:
2 Hour Minimum for hours
worked between 12a.m.-7a.m.

Hours Earned Based on Work:
2 – hours worked earns 2 hours
rest
3 hours work earns 3 hours rest

8.4 OE3 Section Title Existing Proposed
Over 4+ hours worked earns 8
hours rest.

13.11.03.A Senior Wastewater Plan
Operators On-Call
Assignment –
Compensations, Regular
Days

0.75x hour of base pay for 8-
hour assignment
1x hour of base pay for 8-hour
assignment

13.11.03.B Senior Wastewater Plan
Operators On-Call
Assignment –
Compensations, City
Designated 8-Hour Holiday

1.5 hours x base hourly pay for
8-hour assignment
2 hours x base hourly pay for 8-
hour assignment
FISCAL IMPACT: Fiscal impacts are predominantly to enterprise funds for Wastewater and Water; however, some general fund impacts may occur for duty assignment within Parks units in the City of Santa Cruz. Fiscal impact estimates are based on hours worked for FY 2023. Given system limitations estimates for overtime related to duty assignment from 12 am to 7 am are challenging; however, working with the Finance Department’s Payroll Division and Information Technology, improvements are expected for future cost estimates.

Based on current reports, for FY 2023 Duty Assignment Costs (all time frames are at 1.5 pay rate) was $214,732, broken out as follows:

Department Activity
Percent Duty
Assignment Costs
Fire Fire Marine Rescue 9.4%
Parks & Recreation Neighborhood Parks 0.1%
Community and Regional Parks 4.0%
Open Space 0.7%
Golf 1.1%
Wharf 4.6%
Public Works Street Maintenance 1.2%
Parking Control 0.3%
WW Collection 13.7%
WW Treatment 12.0%
Off Street Parking 0.5%
Water Engineering 0.5%
Production 29.2%
Distribution 22.6%
Approximately twenty percent (20%) of these costs impact the General Fund, the rest are enterprise in Public Works and the Water Department.

Assuming thirty percent (30%) of the duty assignment hours is between the hours of 12 am and 7 am, based on continuous shifts and 24-hour periods, expected cost increases are an additional $103,200 per fiscal year for enterprise funds and $25,800 for the General Fund.

8.5 Prepared By:

Chris Coburn
Deputy Water Director,
Operations
Anne Hogan
Wastewater Systems Manager
Sara De Leon
Chief People Officer
Submitted By:

Sara De Leon
Chief People Officer
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION – SEIU DUTY ASSIGNMENT

2. SIDE LETTER OF AGREEMENT WITH SEIU

3. RESOLUTION – OE3 SUPERVISORS DUTY ASSIGNMENT

4. SIDE LETTER OF AGREEMENT WITH OE3 SUPERVISORS

8.6 RESOLUTION NO. NS-XX,XXX

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

THE SIDE LETTER OF AGREEMENT FOR DUTY ASSIGNMENT AND LONE

OPERATOR SHIFT DIFFERENTIALS FOR THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 521 MEMORANDUM OF UNDERSTANDING WHEREAS, the 2022-2025 Memorandum of Understanding (MOU) with the Service Employees International Union, Local 521 (SEIU) and representatives of the City of Santa Cruz (City) have met and conferred in good faith to reach an agreement to modify Duty Assignment and Shift Differentials related to Wastewater and Water Lone Operators; and WHEREAS, operations management intends that such modifications will incentivize and diversity voluntary duty assignment rosters, diversify roster availability and improve staff safety and morale; and
WHEREAS, modifications to shift differentials for Wastewater and Water Lone Operators is intended to improve recruitment and retention efforts among the Lone Operator classification; and
WHEREAS, a Side Letter of Agreement has been executed with SEIU; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Council hereby approves the Side Letter of Agreement for Duty Assignment and Lone Operator Differentials for the October 5, 2022 through October 10, 2025 SEIU MOU.

PASSED AND ADOPTED this 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

8.7 SEIU Side Letter Agreement of September 26, 2023
Side Letter Agreement
City of Santa Cruz and the
Service Employees International Union, Local 521
(Effective September 26, 2023)
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), this Side Letter of Agreement (the “Side Letter Agreement”) is entered into on September 26, 2023, between the City of Santa Cruz (the “City”) and the Service Employees International Union, Local 521 (“SEIU”) as an amendment to the Memorandum of Understanding that is effective October 1, 2022 through October 10, 2025 (“MOU”).

It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral or written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the Union in the MOU shall remain in full force and effect.

The City and the Union have met and conferred in good faith in accordance with the MMBA, concerning the terms and conditions of this Side Letter Agreement and agree to the following effective the pay period starting October 14, 2023:

10.06 Lone Operator Differential

10.06.01 Water Plant Lone Operator
Water Treatment Operator III’s and IV’s assigned to the Water Treatment Facility will receive $4.00per hour additional shift differential subject to meeting all the conditions listed below:

A. Department of Health Services Grade III Treatment Plant Operator Certification or higher.

B. Fully qualified to operate the Graham Hill Treatment plant without direct supervision as determined by the Superintendent of Water Plant and Production.

C. Works at least four (4) hours without any other qualified Water Treatment Operators present. Water Treatment Supervisor, Chief Plant Operator and Production Superintendent are not considered to be other qualified Water Treatment Operators for this section.

If the above conditions are met, then the shift differential will be paid for all hours worked on assigned “lone operator” shift.

10.06.02 Wastewater Plant Lone Operator
Plant Operator II’s or above assigned to the Wastewater Treatment Facility will receive $4.00 per hour additional shift differential subject to meeting all the conditions listed below:

A. State Water Resources Control Board Grade II or above Wastewater Plant Operator Certification or above as approved by the State Water Resources Control Board.








 
  




8.8 SEIU Side Letter Agreement of September 26, 2023
B. Fully qualified to work at the City of Santa Cruz Wastewater Treatment Plant as the Lone Operator.

C. Understand and accept the “Working Alone Job Assignments and Scope of Responsibilities for the Lone Operator at the City of Santa Cruz Water Pollution Control Facility.”
D. Works at least four (4) hours without a Senior Plant Operator present (except for callback responses). If the above conditions are met, then the shift differential will be paid for all hours worked on assigned “lone operator” shift.

10.09 Duty Assignment

10.09.01 Definition
Duty assignment is defined as an assignment to an on-call status for a specified period of time.

While on duty assignment, an employee must remain available to be contacted by phone or pager and be able to report to work within a thirty (30) minute period. Duty assignment shall not be considered “hours worked” pursuant to the Fair Labor Standards Act.

10.09.02 Assignment
Duty personnel shall be assigned on a weekly rotational basis from an established list consisting of, but not limited to, qualified volunteers. A voluntary rotation process will be the preferred method of duty assignment selection; however, the City may require duty assignment if there are insufficient qualified volunteers. Prior to making mandatory assignments, the City will notify the Union. Only “qualified” employees may be appointed to duty assignment lists, as determined by the appropriate department head(s). Such qualifications will be based on the nature and requirements of the tasks performed while on duty assignment. With the concurrence of the duty supervisor, duty assignments may be substituted by other personnel on an approved list, provided employees have at least one week between duty assignments.

10.09.03 Compensation
A. Weekdays
Duty personnel shall receive two (2) hours of their base hourly salary for a sixteen (16) hour assignment. If the Alternative Transportation Incentive Program (Section 10.20) is mutually agreed upon to be eliminated on or after July 5, 2014, then Duty personnel shall receive an additional one half (0.5) hour of their base hourly salary for a sixteen-hour assignment, for a total of two and a half (2.5) hours.

B. Weekends
Duty personnel shall receive three (3) hours of their base hourly pay for a twenty-four hour assignment. If the Alternative Transportation Incentive Program (Section 10.20) is mutually agreed upon to be eliminated on or after July 5, 2014, then Duty personnel shall receive an additional one (1.0) hour of their base hourly salary for a twenty-four hour assignment, for a total of 4 (4.0) hours.

C. Holidays (City Designated Eight (8) Hour Holidays)
Duty personnel shall receive eight (8) hours of their base hourly salary for a twenty-four hour assignment.








 
  




8.9 SEIU Side Letter Agreement of September 26, 2023
D. Holidays (City Designated four (4) Hour Holidays)
Duty personnel shall receive four (4) hours of their base hourly salary for a twenty hour assignment.

E. All duty hours actually worked outside the employee’s regularly scheduled shift shall be compensated at the overtime rate except after twelve (12) hours of work within a continuous shift or within a 24-hour period, or if work hours occur between the hours of twelve a.m. (12am) and seven a.m. (7am), where hours worked will be compensated at two (2) times base pay. A minimum of two (2) hours of overtime will be paid for callouts of less than two (2) hours. An additional minimum will not be paid if an employee is required to perform an additional duty call and the time of return is within the previous duty call minimum.

10.09.04 Fatigue Pay
A. The intent of fatigue pay is to provide a sufficient time for rest between a significant period of work and the start of the next regularly schedule work shift by replacing regularly scheduled straight time hours, of actual hours worked, with paid rest time at the regular paid compensation, as indicated below.

B. If the assigned duty person or crew member assisting the duty person is required to respond to a call that requires them to work hours between twelve a.m. (12am) and seven a.m. (7 a.m.), the employee shall be entitled to rest period as follows prior to returning to work:

Fatigue pay requires a two-hour minimum of work assignment as defined by Duty Assignment, Section 10.09.01.

Hour Range Worked Between Fatigue Time Owed:

Two (2) Hour 12a.m.-7a.m Two (2) Hour Fatigue
Pay Minimum
Three (3) Hour Three (3) Hours
Four (4) Hours or More Eight (8) Hours
If the assigned Duty person or crew member works four (4) hours or more on a regularly scheduled day off or City Holiday, and any portion is past midnight, the employee(s) shall be entitled to an eight (8) hour rest period.

C. If any portion of the rest period occurs during the employee’s regular schedule, the employee shall receive regular paid compensation for that time.

D. An employee shall have the option of receiving compensatory time off for the duty assignment compensation and hours worked.








 
  




8.10 SEIU Side Letter Agreement of September 26, 2023
Santa Cruz, SEIU Local 521 City of Santa Cruz
By:

Ken Bare, SEIU President
By:

Sara De Leon, Chief People Officer
Date: ____________________________ Date: ____________________________ By:

Juan Molina, Vice-President
By:

Tim Davis, Attorney
Date: ____________________________ Date: ____________________________ By:

David Tannaci, SEIU Steward
Date: ____________________________
By:

Devon King, SEIU Organizer
Date: ____________________________








 
  














 






8.11 RESOLUTION NO. NS-XX,XXX

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

THE SIDE LETTER OF AGREEMENT FOR DUTY ASSIGNMENT AND LONE

OPERATOR SHIFT DIFFERENTIALS FOR THE SUPERVISORY EMPLOYEES OF THE CITY OF SANTA CRUZ OPERATING ENGINEERS LOCAL 3 MEMORANDUM OF

UNDERSTANDING
WHEREAS, the 2022-2025 Memorandum of Understanding (MOU) with the Supervisory Employees of the City of Santa Cruz Operating Engineers, Local #3 (OE3) and representatives of the City of Santa Cruz (City) have met and conferred in good faith to reach an agreement to modify Duty Assignment and Shift Differentials related to Wastewater and Water Lone Operators; and WHEREAS, operations management intends that such modifications will incentivize and diversity voluntary duty assignment rosters, diversify roster availability and improve staff safety and morale; and
WHEREAS, modifications to shift differentials for Wastewater and Water Lone Operators is intended to improve recruitment and retention efforts among the Lone Operator classification; and
WHEREAS, a Side Letter of Agreement has been executed with OE3; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Council hereby approves the Side Letter of Agreement for Duty Assignment and Lone Operator Differentials for the November 12, 2022 through December 5, 2025 SEIU MOU.

PASSED AND ADOPTED this 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

8.12 Side Letter Agreement
City of Santa Cruz and the
Supervisory Employees of the City of Santa Cruz Operating Engineers, Local #3 (Effective September 26, 2023)
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), this Side Letter of Agreement (the “Side Letter Agreement”) is entered into on September 26, 2023, between the City of Santa Cruz (the “City”) and the Supervisory Employees of the City of Santa Cruz Operating Engineers, Local #3 (“OE3”) as an amendment to the Memorandum of Understanding that is effective November 12, 2022 through December 5, 2025 (“MOU”).

It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral or written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the Union in the MOU shall remain in full force and effect.

The City and the Union have met and conferred in good faith in accordance with the MMBA, concerning the terms and conditions of this Side Letter Agreement and agree to the following effective the pay period starting October 14, 2023:

13.10.03 Compensation
A. Weekdays
Duty personnel shall receive two (2) hours of their base hourly salary for a sixteen (16) hour assignment.

B. Weekends
Duty personnel shall receive three (3) hours of their base hourly salary for a twenty-four hour (24) assignment.

C. Holidays (City Designated Eight (8) Hour Holidays)
Duty personnel shall receive eight (8) hours of their base hourly salary for a twenty-four (24) hour assignment.

D. Holidays (City Designated Four (4) Hour Holidays)
Duty personnel shall receive four (4) hours of their base hourly salary for a twenty (20) hour assignment.

E. All duty hours actually worked outside the employee's regularly scheduled shift shall be compensated at the overtime rate, except after twelve (12) hours worked within a continuous shift or within a 24-hour period, or if work hours occur between the hours of twelve a.m. (12a.m.) and seven a.m. (7a.m.), where hours worked will be compensated at two (2) times base pay. A minimum of two (2) hours of overtime will be paid for callouts of less than two (2) hours.

An additional minimum will not be paid if an employee is required to perform an additional duty call and the time of return is within the previous duty call minimum. 









 


8.13 13.10.03 Fatigue Pay
A. The intent of fatigue pay is to provide a sufficient time for rest between a significant period of work and the start of the next regularly schedule work shift by replacing regularly scheduled straight time hours, of actual time worked, with regular paid rest time, as indicated below.

If the assigned duty person or crew member assisting the duty person is required to respond to a call that requires them to work hours between twelve a.m. (12a.m.) and seven a.m. (7a.m.), the employee shall be entitled to a rest period as follows prior to returning to work:

Fatigue pay requires a two-hour minimum of work assignment as defined by Duty Assignment, Section 13.10.02.

Hour Range Worked Between Fatigue Pay Owed:

Two (2) Hour 12a.m.-7a.m Two (2) Hour Fatigue Pay
Minimum
Three (3) Hour Three (3)
Four (4) Hours or More Eight (8)
B. If the assigned Duty person or crew member works four (4) hours or more on a regularly scheduled day off or City Holiday, and any portion is past midnight, the employee(s) shall be entitled to an eight (8) hour rest period.

C. If any portion of the rest period occurs during the employee's regular schedule, the employee shall receive regular paid compensation for that time.

D. An employee shall have the option of receiving compensatory time off for the duty assignment compensation and hours worked.

13.07.01 Water Plant Lone Operator
The Water Treatment Supervisor IV/Water Treatment Supervisor V - Chief Plant Operator assigned to the Water Treatment Facility will receive four dollars ($4.00) per hour additional shift differential subject to meeting all the conditions listed below: A. Fully qualified to operate the Graham Hill Treatment plant without direct supervision as determined by the Superintendent of Water Treatment and Production. B. Works at least six hours without any other qualified Treatment Operators present. If the above conditions are met, then the shift differential will be paid for all hours actually performing the duties as the "stand-alone" Treatment Operator.

13.07.02 Wastewater Plant Lone Operator
A Senior Plant Operator assigned to the Wastewater Treatment Facility will receive four dollars ($4.00) per hour additional shift differential subject to meeting all the conditions listed below: A. State Water Resources Control Board Grade 3 Wastewater Plant Operator Certification. B. Fully qualified to work at the City of Santa Cruz Wastewater Treatment Plant as the Lone Operator. C. Works at least four (4) hours alone as the only operator 









 


8.14 (except for callback responses). If the above conditions are met, then the shift differential will be paid for all hours worked on assigned "lone operator" shift.

13.11.03 Compensation
A. Regular Days On-call personnel shall receive 1(1.0) hour of their base hourly salary for each eight (8) hour on-call assignment or portion thereof.

B. City Designated Eight (8) Hour Holidays For on-call assignment that falls on a City designated eight (8) hour holiday, on-call personnel shall receive two (2) hours of their base hourly salary for each eight (8) hour on-call assignment or portion thereof.

Santa Cruz Supervisory OE3 City of Santa Cruz
By:

Jennie Munster, OE3 President
By:

Sara De Leon, Chief People Officer
Date: ____________________________ Date: ____________________________ By:

Jessica Bond, OE3 Secretary
By:

Tim Davis, Attorney
Date: ____________________________ Date: ____________________________ By:

Daniel Lawson-Thomas, OE3 Member at Large
Date: ____________________________
By:

Michael Moore, OE3 Representative
Date: ____________________________










 




















8.15 City Council

AGENDA REPORT
DATE: 09/07/2023
AGENDA OF: 09/26/2023
DEPARTMENT: Water
SUBJECT: Water Service for APN 068-121-27, Branciforte Drive, Santa Cruz CA 95065 (WT)
RECOMMENDATION: Motion to declare willingness to provide water service to Assessor Parcel Number 068-121-27, Branciforte Drive, Santa Cruz, CA 95065, and to find the action exempt under the California Environmental Quality Act.

BACKGROUND: On November 8, 2022, the Water Department received a letter from the owner of Assessor Parcel Number (APN) 068-121-27, on Branciforte Drive, Santa Cruz, CA 95065, in unincorporated Santa Cruz County requesting a new water service to serve a proposed new tiny home. A copy of this letter is included as Attachment 1, and Attachment 2 shows the location of the parcel in relation to the Santa Cruz water system. While the subject parcel is undeveloped, it is surrounded on two sides by parcels served by the City of Santa Cruz Water Department and fronts an existing City water main but remains outside the Water Service Area Boundary as approved by the Local Area Formation Commission (LAFCO).

On February 6, 2023, the Water Commission considered this request for new water service and supported staff’s recommendation to provide a conditional approval to the request. The Water Department subsequently provided a letter to the applicant stating that potable water is currently available and describing additional steps required for water service, including declaration of willingness to serve the parcel by City Council upon completion of review under the California Environmental Quality Act (CEQA). This letter is included as Attachment 3.

DISCUSSION: Water Department staff has evaluated the action to declare willingness to provide water service to the parcel and the subsequent development of one new tiny home on the parcel and determined the action to be exempt under CEQA. Upon City Council declaration of willingness to service the parcel, staff will file a Notice of Exemption with the Santa Cruz County Clerk and California State Clearinghouse.

In a parallel process, the applicant submitted an application to LAFCO for an Extraterritorial Service Agreement (ESA) between the City of Santa Cruz and the subject parcel. Following submittal to LAFCO of documentation of the City’s willingness to serve the parcel, LAFCO will consider the ESA at a LAFCO Commission meeting. Upon approval by LAFCO of the ESA, the Water Department will be cleared to provide water service to the parcel pending the applicant meeting standard water service connection requirements and fees.

9.1 This action is consistent with Health in All Policies by supporting the pillar of public health through the provision of reliable, safe drinking water to the subject parcel.

FISCAL IMPACT: This action has no impact on the City’s General Fund.

Prepared By:

Sarah Easley Perez
Principal Planner
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. LETTER FROM MICHAEL GREENSPON, NOVEMBER 8, 2022.PDF

2. SANTA CRUZ SERVICE AREA MAP.PDF

3. WATER DEPARTMENT LETTER TO MICHAEL GREENSPON, MAY 1, 2023.PDF

9.2 Attachment 1

9.3 Attachment 2

9.4 9.5
ORDINANCE NO. 2023-10

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTION 16.08.110 PERTAINING TO WASTEWATER DISCHARGE WHEREAS, the City owns and manages an award-winning wastewater treatment facility at 110 California Street under the provisions of the Federal Clean Water Act; its NPDES (National Pollution Discharge Elimination Scheme) and a Federally mandated Pretreatment Program.

WHEREAS, the Clean Water Act at section 403 requires the implementation of technically derived load and concentration limits (Local Limits) for pollutants treated at publicly owned treatment facilities (POTW) with capacities greater than 5 million gallons per day (5 MGD).

WHEREAS, the Local Limits are required to be regularly reviewed for continued effectiveness.

WHEREAS, the City has implemented Local Limits as mandated since 2002, and has continuously updated the limits with data derived from surveillance and improved analyses approximately each decade.

WHEREAS, the update contained in this ordinance will feature additional new limits including compounds of potential impacts to the production of potable reclaimed water from the wastewater effluent in 2023 and beyond.

WHEREAS, the approval of the updated Local Limits will require modification of Municipal Code Chapter 16.08.110(3), as stated in this ordinance.

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

SECTION 1. Santa Cruz Municipal Code section 16.08.110 at subsection (3) is amended as follows:
“(3) Specific Limitations on Wastewater Discharges. The following are the maximum concentrations of pollutants allowable in wastewater discharges to the wastewater treatment system, unless state or federal limits are lower in which case those limits shall control. Dilution of any wastewater discharge for the purpose of satisfying these pretreatment standards or any applicable pretreatment standards shall be considered a violation of this chapter and is prohibited.

Grab samples must be used for pH, cyanide, oil and grease, sulfide, and volatile organic compounds. Composite samples for twenty-four hours or other time period approved by the director are required for all other parameters, using flow-proportional techniques where feasible.

10.1 ORDINANCE NO. 2023-10
2 Pollutant Concentration
Arsenic 0.21 mg/l
Boron 5.8 mg/l
Cadmium 1.57 mg/l
Chromium, total 35.65 mg/l
Chromium, hexavalent 5.26 mg/l
Copper 2.17 mg/l
Cyanide 0.08 mg/l
Lead 6.04 mg/l
Mercury 0.32 mg/l
Nickel 1.15 mg/l
Selenium 96.28 mg/l
Silver 0.71 mg/l
Sulfide (dissolved) 0.20 mg/l – monthly average;

1.0 mg/l – maximum
Suspended solids 3,000 mg/l
Vanadium 0.52 mg/l
Zinc 25.23 mg/l
pH 5.0 min. to 10.0 max.

Total petroleum hydrocarbons 100 mg/l
Temperature ≤104°F (40°C)
Oil or grease of animal or
vegetable origin
300 mg/l
(unless exempt by Section

16.08.190)
MTBE 1.0 mg/l
TTO* 1.0 mg/l
Phenols, total** 150 mg/l
Phenols, chlorinated*** 0.60 mg/l
Chlordane 1.48 x 10-5 mg/l
DDT, o, p 0.011 mg/l
Dieldrin 9.40 x 10-5 mg/l
endosulfan I 0.006 mg/l

10.2 ORDINANCE NO. 2023-10
3 Pollutant Concentration
Endrin 0.002 mg/l
heptachlor 0.00014 mg/l
heptachlor epoxide 1.39 x 10-5 mg/l
hexachlorobenzene 23.50 mg/l
Naphthalene 2,350 mg/l
Phenanthrene/Anthracene, C1 2,349.99 mg/l
Anthracene 2,422.68 mg/l
Fluoranthene 123.38 mg/l
8 – PCB 1.38859 x 10-4
2,3,7,8-TCDD 2.53 x 10-9 mg/l
* TTO is defined as the sum of all individual compounds listed in the Code of Federal Regulations (CFR) at 40 CFR 433.11e with quantifiable concentrations greater than 0.01 mg/l when measured using test methods approved under 40 CFR 136 or other methods approved for NPDES monitoring, and other toxic organic compounds as determined by the director. ** Phenols, total, by EPA Method 420.1.
*** Phenols, chlorinated, is defined as the sum of 2-chlorophenol, 2,4-dichlorophenol, pentachlorophenol, 2,4,6-trichlorophenol and 4-chloro-3-methylphenol (p-choloro-m-cresol).” SECTION 2. The Council, to facilitate reclaimed water production, directs staff to develop recommended limitations on wastewater discharges for the following compounds: (a) Acetone; (b) Formaldehyde; (c) Perchlorate; (d) Carbon DiSulfide; and (e) Bis (2-Ethylhexyl) Phthalate. Once staff has developed those recommended limits, staff is directed to come back to the Council with proposed revisions to the Municipal Code that reflect those limits.

SECTION 3. Environmental Review. The City Council finds and determines that the adoption of this ordinance is not considered a “project” under the CEQA guidelines (Cal. Code Regs. title 14 § 15378(a)). Further, even if the adoption of this ordinance were deemed a CEQA “project”, it would be categorically exempt from CEQA under Cal. Code Regs. title 14:
1) Section 15307 (“actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource”); 2) Section 15308 (“actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment”); and
3) Section 15321 (“Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the

10.3 ORDINANCE NO. 2023-10
4 regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency”).

Further, none of the categorical exemptions listed above are barred by any of the exceptions listed in Cal. Code Regs. title 14 § 15300.2.

SECTION 4. Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 5. This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 12th day of September, 2023, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

10.4 ORDINANCE NO. 2023-10
5 PASSED FOR FINAL ADOPTION this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-10 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

September 20, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 20th day of September, 2023, Santa Cruz, California ____________________________
Julia Wood
Deputy City Clerk Administrator

10.6 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 18th day of September, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2023-10, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—5.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 18th day of September, 2023, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

10.7 City Council

AGENDA REPORT
DATE: 09/07/2023
AGENDA OF: 09/26/2023
DEPARTMENT: Parks and Recreation
SUBJECT: Tree Permit Appeal 339 Walnut Avenue (PR)
RECOMMENDATION: Resolution to deny the appeal and uphold the Parks and Recreation Commission’s approval of tree removal permit application TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue.

BACKGROUND: On March 14, 2023, Santa Cruz Property Management submitted tree permit application TR23-0089 requesting the removal of one heritage-size Coast Redwood tree located at 339 Walnut Ave. The reasons stated on the request for tree removal were “Redwood tree is causing sidewalk to uplift and very close to proximity to building” (Tree Permit Application TR23-0089 and Pictures).

The City’s Urban Forester evaluated the tree on April 26, 2023 (Heritage Tree Evaluation TR23- 0089) and posted a tentative permit for tree removal (Notice of Action TR 23-0089) on May 10, 2023.

On May 19, 2023, Keelan Franzen filed an appeal of the staff decision stating “Sidewalk can be replaced, tree cannot. Twin trunks have massive 28-foot circumference at chest height. 10 feet in diameter. Roots make up an integral portion of ground mass & slope stabilizing. Violation of codes 9.56.050(d) 9.56.060(e) the city has not made a good faith attempt to alter the projects design to accommodate the heritage tree.” (Appeal Form C TR23-0089).

The Parks and Recreation Commission held a public hearing to consider the appeal its regular meeting on August 14, 2023 (Meeting Summary, Parks and Recreation Commission, August 14 2023). By a vote of three to two, with two commissioners absent, the Commission upheld the Parks and Recreation Department staff decision to approve permit TR23-0089 for removal of the heritage tree.

On August 23, 2023 Keelan Franzen appealed the Parks and Recreation Commission’s decision to the City Council (339 Walnut Ave Tree Appeal – Franzen). The appeal states, “We believe that the city and/or the rental property owners have not made a good faith attempt to alter the proposed plan to accommodate the heritage tree. There should be no basis for granting a heritage tree removal permit without further considering alternative solutions.” Per Santa Cruz Municipal Code section 9.56.070, the Council shall determine all questions raised on appeal pursuant to Chapter 1.16 and the decision of the Council shall be final.

11.1 DISCUSSION: City Council Resolution No. NS-23,710 (City Council Resolution No. NS23,710) sets the criteria and standards under which a heritage tree or shrub may be altered or removed. It requires that one or more of the following findings be established by the applicant and confirmed by the Director of Parks and Recreation for the removal of a heritage tree or heritage shrub:
(1) The heritage tree or heritage shrub has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way; (2) The physical condition or health of the tree or shrub, such as disease or infestation, warrants alteration or removal; or
(3) A construction project design cannot be altered to accommodate existing heritage trees or heritage shrubs.

Staff’s determination is that findings have been established by the applicant that the coast redwood tree at 339 Walnut Avenue meets criterion one (1): that the heritage tree has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way. The tree is approximately 120 feet tall with two large individual trunks. The tree is codominant by definition as the two trunks share a common root system. The base of the tree is less than a foot from the building foundation. The root system is in contact with the building foundation and is causing cracking of both the foundation wall and the brick masonry veneer.

The public sidewalk has been cracked and lifted by the tree’s roots, creating a public access concern for which the property owner is responsible per chapters 13.30 and 15.20 of the Santa Cruz Municipal Code. Additionally, a fire hydrant next to the tree could be compromised in the future. Because no construction project is proposed, criterion three (3) does not apply.

A structural assessment prepared for Santa Cruz Property Management by Professional Engineer Jodi Collins Henry (Structural Assessment, Jodi Collins PE) states that the tree “has already caused minor structural damage to the foundation and framing of the apartment building.” It further states, “If the redwood remains, it will continue to grow and cause substantial structural damage to the building which will threaten the structural integrity of the building.” Staff has determined that while root pruning or moving the sidewalk could be viable mediumterm options to mitigate sidewalk damage, root pruning to lessen impact to the building foundation is not possible without destabilizing the tree and damaging the tree’s health. The International Society of Arboriculture’s formula for root pruning is at a minimum of three times the diameter of the tree’s trunk, because pruning more closely can reduce tree stability. The Society’s Best Management Practices—Root Management notes that “severe loss of stability is common when cuts are made at a distance that is less than 1 to 1.5 times the trunk diameter.” The tree is too close to the foundation to perform this root pruning work to industry standard or to protect the building foundation. There is no reasonable mitigation option to save the tree or prevent ongoing damage to the structural integrity of the building. The redwood tree is still relatively young and of relatively small diameter compared to mature redwoods in their native habitat.

A Tree and Built-Property Conflict Assessment prepared by independent consulting arborist Don Cox for Santa Cruz Property Management (Arborist Report, Donald Cox ISA Certified Arborist) concludes: “Removal is determined as unavoidable due to proximity to the structures. The tree is an obstacle for essential repairs. No reasonable means of mitigation is available that would preserve the tree.”

11.2 Staff has determined that this application meets criterion one (1) required for tree removal approval as specified by City Council Resolution No. NS-23,710. The coast redwood tree at 339 Walnut Avenue currently has an adverse effect upon the structural integrity of the adjacent building and the public sidewalk. As the tree continues to grow it is likely to have a greater adverse effect upon the structural integrity of the building and may impact the fire hydrant. Root pruning to prevent damage to the building would harm and destabilize the tree.

In their deliberations, Parks and Recreation Commissioners expressed concerns over cutting down trees, an interest in alternative approaches, and a desire to explore proactive work to preserve heritage trees before damage occurred. In this case, however, they concluded that the applicant had met the required findings for removal.

FISCAL IMPACT: None.

Prepared By:

Travis Beck
Superintendent of Parks
Submitted By:

Tony Elliot
Director of Parks &
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION_.DOC

2. TREE PERMIT APPLICATION TR23-0089 AND PICTURES.PDF

3. HERITAGE TREE EVALUATION TR23-0089.PDF

4. NOTICE OF ACTION TR23-0089.PDF

5. APPEAL FORM C TR23-0089.PDF

6. MEETING SUMMARY, PARKS AND RECREATION COMMISSION, AUGUST 14 2023.PDF

7. 339 WALNUT AVE TREE APPEAL - FRANZEN.PDF

8. CITY COUNCIL RESOLUTION NO. NS-23,710.PDF

9. STRUCTURAL ASSESSMENT, JODI COLLINS PE.PDF

10. ARBORIST REPORT, DONALD COX ISA CERTIFIED ARBORIST.PDF

11.3 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DENYING THE

APPEAL AND UPHOLDING THE PARKS AND RECREATION COMMISSION'S

DECISION TO APPROVE AN APPLICATION TO REMOVE ONE COAST REDWOOD TREE LOCATED AT 339 WALNUT AVENUE, SANTA CRUZ, CALIFORNIA WHEREAS, Santa Cruz Property Management property has filed an application for a tree removal permit to remove one coast redwood tree located at 399 Walnut Avenue, Santa Cruz; and
WHEREAS, the application was approved and Keelan Franzen appealed the staff decision to approve the application and filed an appeal with the staff to the Parks and Recreation Commission; and
WHEREAS, Parks and Recreation Commission upon consideration of the request and written reports on the subject coast redwood tree upheld staff’s decision, approving the removal of the trees; and
WHEREAS, a letter of appeal from Keelan Franzen was submitted to the City Clerk following the Parks and Recreation Commission's decision on August 23, 2023, to approve the request for the removal of one coast redwood tree; and WHEREAS, the City Council of the City of Santa Cruz held a public hearing on the matter on June 13, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the Parks and Recreation Commission’s decision is upheld and authorization for the removal of one coast redwood tree located at 339 Walnut Avenue is hereby granted.

PASSED AND ADOPTED this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

11.4 11.5

11.6 11.7

11.8 11.9

11.10 11.11

11.12 11.13

11.14 11.15

11.16 11.17

11.18 11.19

11.20 11.21

11.22 11.23

11.24 11.25

11.26 CITY OF SANTA CRUZ
Parks & Recreation Department
323 Church Street
Santa Cruz, California 95060

PARKS & RECREATION COMMISSION
Regular Meeting Summary
August 14, 2023
4:00 PM GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, COUNCIL CHAMBERS (809 CENTER ST)
Parks & Recreation Commission
Call to Order 4:08 PM
Roll Call - Commissioners: Bradley Angell, Jane Mio, Jacob Pollock, Vice Chair Hollie Locatelli and Chair Kristina Glavis.

Absent: Leonardo Cruz and Nik Strong-Cvetich
Staff: Tony Elliot (Director), Travis Beck (Superintendent of Parks), Lindsay Bass (Principal Management Analyst), Leslie Keedy (Urban Forester), and Tremain HeddenJones (Recreation Superintendent).

Presentations
1 2023 Outcomes of the City of Santa Cruz Summer Youth Trail Crew program Presentation by Emma Ussat, Senior Community Engagement Manager for Santa Cruz Mountains Trail Stewardship, on the 2023 outcomes of the City of Santa Cruz Summer Youth Trail Crew program.

Statements of Disqualification – None.

Oral Communications – None.

Announcements

11.27 2 Commission and Department Updates.

1. Presiding Officer – None.

2. Commissioners – None.

3. Department Staff (written submission)

4. Director of Parks & Recreation
Director Elliot provided updates on West Cliff, the San Lorenzo River Levee FEMA certification process, the Wharf Master Plan EIR, Local Hazards Mitigation – Survey, Special Events street closure notification efforts and Harvey West Pool.

Approval of Minutes
3 Approval of Minutes for the June 12, 2023 meeting of the Parks & Recreation Commission.

Motion carried to approve the meeting minutes from the meeting of the Parks & Recreation Commission on June 12, 2023, as submitted.

Consent Agenda
4 Water Street Bridge Historical Marker
Commissioner Mio pulled Item 4 for discussion.

Motion carried to approve the Water Street Bridge Ad Hoc Committee recommended secondary location (near the County Courthouse) for the historical marker and that temporary signage be installed while the San Lorenzo Park Redesign process is completed.

Public Hearings
5 Tree Appeal – 339 Walnut Ave. (Tree Removal Permit #23-0089) Motion carried to uphold the Parks and Recreation Department staff decision to approve request for a Heritage Tree Removal Permit (Application #23- 0089) to remove one Coast Redwood tree located at 339 Walnut Ave.

General Business – None.

Adjournment –5:58PM

11.28 11.29

11.30 11.31

11.32 11.33

11.34 11.35
Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 1 Brick Veneer Separang from Building at Top. Bow in Exterior wall.

11.36 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 2 Crack in Brick Veneer

11.37 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 3 Soil Elevaon is Higher at Tree Blocking Foundaon Vents

11.38 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 4 Brick Veneer Separang from Building

11.39 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 5 Damaged Brick Veneer at Corner

11.40 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 6 ¼” Wide Crack in Foundaon Stem Wall Adjacent to Tree

11.41 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 7 "Y" Shaped Crack in Foundaon Adjacent to Tree

11.42 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 8 Paral Rot at End of Joist Adjacent to Higher Soil Outside of the Building

11.43 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 9 Blocked Foundaon Vent, View from Inside Crawl Space

11.44 Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz

Photo 10 2nd Blocked Foundaon Vent View from Inside Crawl Space

11.45 11.46

11.47 11.48

11.49 11.50
1 Rosemary Balsley
From: Judi Grunstra <[email protected]>
Sent: Thursday, September 21, 2023 2:13 PM
To: City Council
Subject: Sept 26 2023 Meeting Agenda Item 11
Dear Mayor and Council:

Please do not allow the magnificent redwood tree at 339 Walnut Ave. to be cut down! Every upcoming city project (public or private) I read about seems to "require" cutting down one or more heritage trees, not to mention many trees that do not fall in that supposedly protected category yet provide many benefits.  In this case, the arborist's report indicates a healthy tree, which is only receiving a death sentence for the "crime" of its roots uplifting some of the sidewalk.

Actions speak louder than words.  If you really do care about "sustainability" and retaining a sense of place, let this tree continue to grace our city.  A mighty redwood has far more value than a sidewalk.

Thank you.

Judi Grunstra

11.51 1
Rosemary Balsley
From: joanne katzen <[email protected]>
Sent: Monday, September 25, 2023 9:54 AM
To: City Council
Subject: Heritage Redwood Tree
To whom it may concern:

We have recently learned that there are plans to cut down a heritage redwood tree at Santa Cruz High School.

Our children attended that school very recently. We are opposed to removing any redwood trees which do not pose a danger to people who may be in the vicinity. We do not know why that tree is slated for removal. If it is for construction purposes, we think that a design could be changed. We must learn to value these "ancients," more than we do.

Sincerely,
Joanne Katzen and family

11.52 1
Rosemary Balsley
From: Becky Steinbruner <[email protected]>
Sent: Monday, September 25, 2023 12:02 PM
To: City Council; Bonnie Bush; Fred Keeley; Fred Keeley; Bonnie Bush; City Council Cc: City of Santa Cruz Arborist; Janice Bisgaard; Becky Steinbruner Subject: COMMENT RE: SANTA CRUZ CITY COUNCIL AGENDA #11 HERITAGE TREE REMOVAL APPEAL 339

WALNUT AVENUE
Dear City Council,
I am writing to support the appeal of the Parks & Recreation approval of Permit #TR23-0089 to remove a heritage Coast Redwood tree at 339 Walnut Avenue. For many reasons, this heritage tree should be preserved, and ask that your Council consider alternatives to address the structural foundation issues and the sidewalk access adjacent.

Although I did in fact report the hazardous sidewalk condition the roots of this tree have caused to the City Public Works Dept. because a friend of mine who is blind has had great difficulty navigating the sidewalk on her walks into town from her home, I never dreamed that the solution would be to simply cut the tree down. I had felt the sidewalk could be restructured for safe access.

I think it is imperative that the City of Santa Cruz be more creative in managing these types of tree root impacts in the interest of preserving heritage trees such as this 120' tall native Coast Redwood tree that provides cooling in the urban areas and critical habitat for native songbirds and other life.

Recent studies have shown that large redwood trees are the best trees in the world for absorbing and storing the most CO2, thereby combating climate problems and improving urban air quality. https://e360.yale.edu/digest/california_redwoods_co2_storage While the City may have a policy for planting new trees to replace this heritage Coast Redwood tree, those trees would be small and would not adequately restore the active CO2 absorption benefit in the City of Santa Cruz, as studies have shown that older trees are much better at CO2 absorption. https://science.time.com/2014/01/15/study-shows-older-treesabsorb-more-carbon/ Redwoods are established as one of the longest-living trees on earth, and therefore best adapted to surviviing climate change themselves.
https://www.weforum.org/agenda/2021/03/redwoods-store-more-co2-and-are-more-enormous-than-we-thought/ At a time when we are all concerned about climate change, and are racing to mitigate the anticipated impacts, it would behoove your Council to pause and consider any and all alternatives to simply cutting this shadeproducing CO2-absorbing heritage tree down.

Why not build a wooden bridge that is ADA compliant over the tree's roots to repair the sidewalk, rather than cutting the tree down?

11.53 2

11.54 3
I understand, in reading the documents attached with the appeal that the owner of the apartments adjacent feels the tree's roots are causing damage to the building's foundation.

Epoxy injection is a proven industrial method for repairing foundation cracks, and has successfully been used to preserve historic structures, such as Alcatraz Island. https://www.zandersolutions.com/foundation-crack-repair/ A local business, Bay Cities Waterproofing and Restoration (831-600-6650) has successfully performed such foundation repair work, and in fact is currently doing a project at the Santa Cruz Beach Boardwalk.

I respectfully request that your Council delay any action on this Appeal to Remove the Heritage Coast Redwood Tree until Bay Cities Waterproofing or another epoxy injection professional evaluate the foundation at 339 Walnut Avenue.

Does the City of Santa Cruz have plans for dense infill development in this area, given the 6th Cycle RHNA mandates? Could the City make an ageement with this property owner that if he/she wanted to demolish the structure to build something that would provide more housing units and help fulfill RHNA mandates, the permit fees would be waived or significantly reduced if this heritage Coast Redwood were preserved? In the face of a changing climate, the City of Santa Cruz must take creative measures to preserve all heritage trees that will help absorb CO2 and cool our urban areas while providing critical habitat for native songbirds and other wildlife in our urban areas.

I request that your Council delay any further action on this Appeal, to receive further information on the alternative solutions I have presented above.

Thank you.

Sincerely,
Becky Steinbruner

11.55 11.56

11.57 11.58

11.59 11.60

11.61 1
Rosemary Balsley
From: Bonnie Bush
Sent: Monday, September 25, 2023 2:14 PM
To: City Council
Subject: Fwd: Sidewalk Lincoln walnut
Bonnie Bush
City Clerk
City of Santa Cruz
809 Center St., Room 8, Santa Cruz, CA 95060
Phone: 831‐420‐5035
Email:[email protected] Web: www.cityofsantacruz.com Begin forwarded message:

Begin forwarded message:

From: Leslie Keedy <[email protected]>
Date: September 25, 2023 at 8:07:56 AM PDT
To: Becky Steinbruner <[email protected]>
Subject: Re: Sidewalk Lincoln walnut
This building is privately owned and will be for the foreseeable future, not likely to be part of the first density projects as I was told, that would be lower pacific area.  Planning has the mapping on the likely target areas. Regardless the tree has met the required finding of damage to the structural integrity of a building.

Regards
Lkeedy
Sent from my iPhone
On Sep 24, 2023, at 11:43 PM, Becky Steinbruner <[email protected]> wrote:

Dear Ms. Keedy,

11.62 2
I really appreciate your response and information on this matter. i do wonder if the City has designated this area for dense infill development, such that in a short time, the building would be demolished.

I am sure you would agree that our heritage trees in particular merit preserving if at all possible, for climate cooling and songbird habitat preservation.

Thank you for the time estimate when the City Council will hear this matter. I hope to be there.

Thank you again for your assistance.

Sincerely,
Becky Steinbruner
On Sunday, September 24, 2023, 03:34:15 PM PDT, Leslie Keedy <[email protected]> wrote:

Hi I was referred to answer your question about the damaged sidewalk and tree. I am the city Arborist Leslie Keedy.

This upcoming Tuesday there will be a public hearing about tree removal approximately between 230 to 4 PM in front of the city Council.

The sidewalk has been left open so council and commission members could look at this situation, additionally, and more significant, the most effective way to repair the walk is post tree removal which has been delayed due to a public appeal of the tree removal approvals. The owner has all intentions to repair the walk but cannot until the tree matter has been vetted.

Please understand the sidewalk repair and sidewalk damage is not the reason for the trees removal. We have explored options and none are viable not because the sidewalk can’t be fixed keeping the tree, but because the building foundation next to this tree is cracked and the tree is ruining the apartment building. That is why the tree is proposed for removal. We cannot root prune the tree to protect the building without

11.63 3
destabilizing the tree. If it were the sidewalk alone we would just root prune and repair keeping the tree but this is not possible because the tree is damaging the actual legal structure which is an apartment building.

You are welcome to attend the public hearing in front of city Council to obtain more information on this topic or read the detailed agenda report for this item - 339 walnut tree appeal. The tree has been reviewed by 3 Arborists and also a structural engineer who have determined that there are no options to save the tree.

All appreciate that this is a very large spectacular native tree however the city cannot allow a tree to damage the structural integrity of a legal building or allow a tree to have legal standing over a legal dwelling.

Regards
Lkeedy city forester
Sent from my iPhone

11.64 Sequoia Sempervirens
Coast Redwood

11.65 The issue
A 120 ft Coastal Redwood potentially at risk of damaging the foundation of an apartment building.
➔ Arborists recommendation
◆ “ The Tree is an obstacle, … no
reasonable means of
mitigation” -Don Cox
➔ The tree will keep growing
➔ Sidewalk needs repair
…. but this isn't any ordinary
tree, this is a magnificent giant.

11.66 Two ways forward
Cut the tree, forget about it
➔ Root rot and decay will cause further
long term structural damage to street,
sidewalk, and foundation
➔ Apartment buildings have a lifespan.
➔ Eventually, this mid-century building
will need a major overhaul
➔ Report mentions failing joists
(unrelated to the tree’s affects)
Look for a better solution
➔ Protect the tree
➔ Find engineers
➔ Build with the tree
➔ Keep in mind milenia length lifespan
➔ Set the precedent that it is possible for
giant native trees to have a place in
our city
OR

11.67 This amazing tree
➔ One of the largest trees in Santa Cruz
♦ 120ft tall with a 28ft circumference.
◆ 80% larger than the minimum for
heritage tree size designation
➔ Very healthy:
◆ “[This is a] Mature tree…physiologically
healthy and structurally sound” - Arborists
report
➔ This redwood’s roots hold together
Walnut Ave. hill from erosion
◆ Plays a key part in absorbing water from the
nearby springs
◆ Opportunistic roots find water, rather than
isolated dry soil under building
➔ One of the only native trees providing
shade over Walnut Ave, famous for its
beautiful trees.

Aerial photo from 1952.
6 years before ‘the lynwall’ was built

11.68 Reasons to care; more than just a Tree
➔ Provides habitat for mass amounts of species
◆ mature tree can provide a home for 300 species of insects, and the food chain above them
➔ Increase quality of life for our community members
◆ Diffuse noise
◆ connect people to nature and the environment
◆ produce oxygen, decrease pollution
➔ Increase property value
➔ Mitigate climate change
Redwoods are significantly important to our local ecosystems, and community. 5 3
1 2

11.69 Real climate change mitigation
Redwoods hold more than 3 times the amount of carbon than any other tree on earth ➔ This tree captures carbon from the cars, buses, trucks, gas heaters, and much more within our city
➔ Each Year urban forests:
◆ Sequester half a billion dollars worth of carbon
◆ Remove air pollutants that would cost $4 billion to clean up in other ways Temperature Regulation
➔ The dense canopy of this Redwood is regulating the temperature of the apartment below
➔ A tree near a building (especially one of this size) can reduce 25-50% of energy needed for heating
Air Quality Improvement:
➔ A mature redwood tree can produce hundreds of gallons of oxygen a day 6 4
4 2

11.70 A quote from our City Arborist, Leslie Keedy:
“As natural canopy declines, in the
third world and in our country, the
urban tree population is really
what everyone’s relying on [to
mitigate] global warming,” 4

11.71 What if we just slow down?
➔ Start by fixing the sidewalk
◆ Giving a wider birth around the tree
➔ This will give time for solution based
ideas, without rushing
◆ Start preventative care
◆ Find a structural engineer up for the task
◆ Expand assessment beyond visual
examination
◆ Support the property owners in this
endeavor
◆ Support our community members
enjoyment of this large tree 2011 2022
The building will not be falling down in the next year and redwoods are slow growing.

11.72 Solutions can be made
Building can be fortified
➔ Deep pier pilings, or advanced anchors
reinforced with steel
◆ Not at risk of being raised by the roots.
➔ Take away a small section of the one unit that
is close to the tree.
◆ The loss of a partial space is far less
significant compared to the loss of the
entire tree.
◆ Being considerate of current occupants
this project could be planned accordingly
How can we fix the building AND keep the redwood?
Foundation Underpinning:
➔ Many different types of this
technique are used to
strengthen threatened
foundations7

11.73 Solutions can be made
Sidewalks can be modified
➔ A new sidewalk is necessary either way
◆ Ample usable space for a widened route or alternate
walking path
◆ Hydrant already blocks parking
➔ Street Infrastructure can be improved
◆ Provide space for the redwood to breath to prevent
further uplift. The tree will grow where it’s allowed,
not against a concrete foundation, if given space.
◆ A crosswalk is a perfect fit for this location, as many pedestrians “J” walk at this intersection
For both the sidewalk and foundation, concerns with
root damage is negated as coastal redwoods are
extremely adaptable and can survive much more than
careful root pruning.

How can we fix the sidewalk AND keep the redwood?
Large redwood on Church st.

11.74 Setting the precedent
➔ Protecting this tree is protecting the public
good
➔ Heritage trees are dwindling, prove that the
city cares
◆ 4,000 granted permits between
1995-2013
➔ Choices like these can show the whole world
what is possible
➔ Find solutions instead of continuing
to allow the easiest path forward
◆ Find a place where we prioritize
housing and our urban forest
We need these trees as much as they need us
We’re asking you to set the precedent that Santa Cruz is different, that our council and city cares about our community as much as we do
4 11.75
The City’s Choice
We understand that this is not the status quo
➔ Perhaps this tree may meet the criteria to
be removed; However, maybe this criteria
does not align with the values of our
community
We implore the city to be responsible for
offering alternative solutions to protect our
deeply loved native heritage trees from being
cut down.
➔ Financial and engineering support
➔ At a minimum city should be responsible to
provide thorough consideration of all
possible solutions
This tree is worth the effort11.76
Sources

1. Branson, Michael “City of Carmel-By-The-Sea Forest Management Plan”. Report for the government of Carmel-By-The-Sea.

Dec 2020

1. Climate Action for Redwoods, From Threat to Solution– “Redwoods and Climate”, Sempervirens Fund, https://sempervirens.org/learn/climate-actionplan/#:~:text=Studies%20show%20that%20coast%20redwoods,into%20the%20oxygen%20we%20breatheRedwood facts.

Sempervirens Fund. (2023, September 21). https://sempervirens.org/learn/redwood-facts/

1. Galle, Nadina “Urban deforestation and what we can do about it”, City Green Watch, Mar. 2020

2. Grusauskas, M. (2016, July 13). Does Santa Cruz deserve its “Tree City, USA” designation? Good Times. https://www.goodtimes.sc/santa-cruz-deserve-tree-city-usa-designation/

1. Nuccitelli, Dana “The little-known physical and mental health benefits of urban trees”, Yale climate connections, Feb. 2023

1. Tree facts. Tree Facts at arborday.org. (n.d.). https://www.arborday.org/trees/treefacts/

2. What is underpinning and when is it needed?. Foundation Solutions: Underpinning. (n.d). https://foundationsolutions.com.au/blog/what-is-underpinning-and-when-is-it-needed

11.77 Parks and Recreation
Department

11.78 Urban Forestry Office
 Tree care
 Tree planting
 Emergency response
 Policy development
 Plan review
 Permitting
 Inspections
 Code enforcement
 Education

11.79 339 Walnut Ave
Appeal of Parks and
Recreation Commission
Approval of application
#23-0089 to remove one (1)
coast redwood tree

11.80 City of Santa Cruz Municipal Code -
Preservation of Heritage Trees and
Heritage Shrubs
 Section 9.56.060(e): If the tree or shrub which is
the subject of the permit application meets any of
the criteria set forth in Section 9.56.040 based
upon a review of the permit application and the
inspection report, then the director shall make
findings of fact upon which he/she shall grant the
permit, conditionally grant the permit specifying
mitigation requirements, deny the permit or allow
a portion of the proposed work outlined in the
permit application to be done.

11.81 City Council Resolution No. NS-23,710
 One or more of the following findings are
established by the applicant and confirmed by the
Director of Parks and Recreation:
 The heritage tree or heritage shrub has, or is
likely to have, an adverse effect upon the
structural integrity of a building, utility, or
public or private right of way;
 The physical condition or health of the tree or
shrub, such as disease or infestation, warrants
alteration or removal;
 A construction project design cannot be altered
to accommodate existing heritage trees or
heritage shrubs. 11.82

11.83 11.84
Staff Findings:
 The tree is cracking the public
sidewalk, curb, gutter and street.
 The tree has cracked the sidewalk
around the fire hydrant and could
impact associated water lines needed
for reliable fire suppression.
 Roots are growing under the
structure, damaging the brick fascia
and the foundation wall has cracks
from the tree.

11.85 11.86

11.87 11.88

11.89 11.90

11.91 Is mitigation possible?
 Sidewalk area damage could be
addressed, but would reoccur.
 The tree is too close to the building
foundation to perform root pruning
work to industry standard without
risking the health and stability of the
tree.
 A root barrier cannot be installed to
protect the foundation.

11.92 Recommendation
That the City Council uphold the Parks and
Recreation Commission decision to approve
heritage tree removal permit application
#23-0089 to remove one (1) coast redwood
tree at 339 Walnut Ave.

11.93 Replanting

MITIGATION REQUIREMENT
Removal of a Heritage Tree or
Heritage Shrub as defined in Section

9.56.010 of the City of Santa Cruz
Municipal Code.

A) Replant three (3) #15 container-size
trees or one (1) twenty-four inch
(24”) box size tree on the same
property as the removed tree.

B) In circumstances where
replacement of the removed
heritage tree is not feasible due to
conflicts with existing or planned
public or private infrastructure or
other trees or shrubs, the Director
of Parks and Recreation or his/her
designee may in his or her sole
discretion, authorize the payment of
an in-lieu fee in the amount of
$1,705* per removed tree.

C) If the property owner meets the
criteria described in subdivision (a)
or (b) of Government Code Section
68632 and has complied with the
permit requirements of Section

9.56.060, the city shall waive the in
lieu fee.

D) For any removal of heritage trees
that falls under the purview of the
City of Santa Cruz’s Local Coastal
Program (“LCP”), property owners
shall be subject to any requirements
under the LCP, including but not
limited to, a two-for-one planting
and maintenance program when
tree removal is necessary for new
development.

11.94 Recommendation
That the City Council uphold the Parks and
Recreation Commission decision to approve
heritage tree removal permit application
#23-0089 to remove one (1) coast redwood
tree at 339 Walnut Ave.

11.95 City Council

AGENDA REPORT
DATE: 09/07/2023
AGENDA OF: 09/26/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
RECOMMENDATION: Absent receipt of a majority vote from business owners against the proposed assessment increase at the close of the public hearing:

Motion to:
1) Adopt a resolution confirming the Downtown Association updated FY 2024 Annual Plan and levying an increased Downtown Parking and Business Improvement Assessment for FY 2024; and
2) Adopt Ordinance No. 2023-11 confirming that Chapter 5.05 of the Santa Cruz Municipal Code shall continue to apply to the Parking and Business Improvement and setting forth a new method and basis for levying assessments thereby resulting in an increased assessment.

BACKGROUND: At its September 12, 2023 meeting, the City Council approved the updated annual workplan prepared by the Downtown Association (DTA) for FY 2024. In addition, the City Council adopted a resolution stating its intention to levy increased Parking and Business Improvement Area Assessments for FY 2024, and scheduled a public hearing for September 26, 2023, in accordance with state law.

DISCUSSION: The updated FY 2024 annual workplan and budget proposes to collect an increased assessment pursuant to a modified assessment formula for the January billing of the 2023/2024 fiscal year. The workplan outlines the DTA’s FY 2024 planned activities, budgeted expenses and revenues, and contributions from sources other than the assessments levied. The assessment funds enhance programs and services focused on a clean, safe and welcoming Downtown, marketing and events, member networking and support, and advocacy on behalf of all businesses in the Area. DTA hired a financial consultant to provide assessment methodology options and to determine if assessed businesses benefit from these services. After carefully considering the options, the Board recommended the approved workplan attached to this report and the modified assessment formula is proposed as follows:

Each business’s assessment is based upon three factors: building square footage, business type, and benefit zone. There are four business types and their respective percentages, as outlined below.

12.1 Business Type
Type 1: 100% | Retail, Food, Lodging
Type 2: 75% | Financial, Bars
Type 3: 60% | Wholesale, Trade, Services, Professions, Auto Dealers Type 4: 40% | Non-Profit, Theaters (capped at 10,000 SF) The benefit zones based on the business address and are allocated as follows:

Benefit Zone Allocation
Zone 1: 100%
Zone 2: 60%
The business improvement assessment formula allows for an annual Consumer Price Index (CPI) adjustment in the rate.

Assessment Calculation
Base Rate: $0.54 per square foot
Sq. Ft. x $0.54 x CPI x TF x ZF + $100 = $ Annual Assessment Sq. Ft. = building square footage (Zone 4 – 10,000 square foot maximum) CPI = annually adjusted Consumer Price Index (utilizing the 2023/2024 as the base fiscal year) TF = Type Factor:
i. Type 1 = 100% (retail, food, lodging)
ii. Type 2 = 75% (financial, bars)
iii. Type 3 = 60% (wholesale, trade, services, professions, auto dealers) iv. Type 4 = 40% (non-profit, theaters)
ZF = Zone Factor:
v. Zone 1 = 100%
vi. Zone 2 = 60%
$100 = Base business fee
Sample Parcel Assessments
For example, a business that has 1,000 square feet, and is a Type 1 business located in Zone 1, would calculate its formula as follows:
1,000 x $0.54 x 100% x 100% x 100% +$100 = $640.00
All business assessments are calculated in the same manner. The full assessment methodology report is provided as an attachment.

The Resolution of Intention describing the City’s intention to levy and collect increased assessments in the Area for FY 2024 was published in the Sentinel and mailed to affected business owners as required by state law.

The City Council shall consider all qualified written ballots in favor and in opposition that are filed with the City Clerk prior to the September 26, 2023 City Council meeting at which the public hearing is conducted and prior to the closure of the public hearing itself. Each ballot shall contain a description of the business in which the person subscribing the protest has an

12.2 ownership interest sufficient to identify the business and, if the subscribing person is not shown on the official records of the City as the owner of the business, written evidence that the subscribing person is the owner of the business. Written ballots may be submitted to the Santa Cruz City Clerk by way of U.S. mail or delivered in person. The City Clerk’s mailing address is 809 Center Street, Santa Cruz, California 95060.

Any protest objecting to the regularity or sufficiency of the proceedings to levy increased or current assessments shall clearly set forth the irregularity or defect to which the objection is made. All protests shall conform to the requirements set forth therefore in California Streets and Highways Code Sections 36524 and 36525.

At the conclusion of the public hearing, absent the receipt of written ballots from business owners casting a majority vote against the proposed assessment, the City Council is requested to adopt the second reading of the ordinance confirming that Chapter 5.05 of the Santa Cruz Municipal Code shall continue to apply to the Parking and Business Improvement and setting forth a new method and basis for levying assessments thereby resulting in an increased assessment and adopt a resolution confirming the DTA's workplan, as approved by the Council on September 12, 2023, and as amended by Council during the public hearing, if applicable.

FISCAL IMPACT: There is no fiscal impact to the City. Revenues collected from the assessment are turned over to the DTA to be spent for promotional activities in the Parking and Business Improvement Area.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. ORDINANCE.DOCX

3. UPDATED FY 2024 ANNUAL DTA WORKPLAN.PDF

4. METHODOLOGY REPORT.PDF

12.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ LEVYING

INCREASED PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENTS FOR THE SECOND HALF OF FISCAL YEAR 2024
WHEREAS, the Downtown Association has prepared an annual plan (“Plan”) to the City of Santa Cruz for Fiscal Year (FY) 2024 pertaining to the Downtown Parking and Business Improvement Area Assessments for the Downtown Association Parking and Business Improvement Area under California Streets and Highways Code §36533; and WHEREAS, that Plan was approved by the City Council on May 23, 2023 and thereafter filed with the City Clerk; and
WHEREAS, the City Council on May 23, 2023 adopted Resolution No. NS-30,148 stating its intention to levy business improvement assessments for FY 2024 and thereafter on June 13, 2023, after conducting the requisite duly noticed public hearing, adopted Resolution NS-30,160 levying the assessment recommended in the Plan; and
WHEREAS, on September 12, 2023, pursuant to a petition filed by the Downtown Association, acting in its capacity as the Parking and Business Improvement Area’s Advisory Board and after conducting the requisite duly noticed public meeting, the City Council approved a Plan update and adopted Resolution NS-______stating its intention to levy an increased assessment for the Parking and Business Improvement Area for the second half of the 2024 Fiscal Year; and
WHEREAS, pursuant to City Council’s September 12, 2023 Resolution of Intention, the City Council on September 26, 2023 in accordance with California Streets and Highways Code §§36535 and 36541, held a public hearing as provided for in Streets and Highways §§36524 and 36525, at which time it considered the recommended levy of the increased business improvement assessments for the second half of the FY 2024; and
WHEREAS, at said public hearing, the City Council considered all protests to the increased levy of the business improvement assessments.

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

1. The Downtown Parking and Business Improvement Area Annual Plan for Fiscal Year 2024 filed by the Downtown Association of Santa Cruz with the City Clerk on May 23, 2023, as updated, is hereby reaffirmed by the City Council.

2. The City Council hereby finds that the formula for the recommended increased assessment established pursuant to Santa Cruz Municipal Code §5.05.040 as amended by the City Council on this date pursuant to Ordinance 2023-_____, is a reasonable estimate of the benefits

12.4 RESOLUTION NO. NS-XX,XXX
2 derived by the categories of business classified therein. The City Council finds said businesses derive substantial benefit from the improvements and promotional events funded by the assessment, which make the business improvement zone a cleaner, safer, more enjoyable and more economically viable place to conduct business. The formula contained at amended §5.05.040 is hereby found to constitute a responsible means of allocating said estimated benefit, by taking into account: (1) the type of business operation; (2) the location; and (3) the size of the operation.

3. The adoption of this resolution shall constitute Fiscal Year 2024, second half, levy of increased assessment provided for in Chapter 5.05 of the Santa Cruz Municipal Code, as amended, pertaining to downtown parking and business improvement area zones and rate of business promotion assessments.

PASSED AND ADOPTED this 26th day of September, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

12.5 ORDINANCE NO. 2023-11
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 5.05.040 AND ADDING SECTION 5.05.100 TO THE SANTA CRUZ MUNICIPAL CODE PERTAINING

TO THE PARKING AND BUSINESS IMPROVEMENT AREA
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Section 5.05.040 of the Santa Cruz Municipal Code is hereby amended to read as follows:

5.05.040 FORMULA FOR ASSESSMENT
The rate of business promotion assessment shall be imposed according to the following:
(a) Sq. Ft. x $0.54 x CPI x TF x ZF + $100 = $ Annual Assessment

1. Sq. Ft. = square footage of the business (Zone 4 – 10,000 square foot maximum);

2. CPI = the annually adjusted Consumer Price Index (utilizing the 2023/2024 as the base fiscal year);

3. TF = Type Factor:
i. Type 1 = 100% (retail, food, lodging)
ii. Type 2 = 75% (financial, bars)
iii. Type 3 = 60% (wholesale, trade, services, professions, auto dealers) iv. Type 4 = 40% (non-profit, theaters)

4. ZF = Zone Factor:
i. Zone 1 = 100%
ii. Zone 2 = 60%

5. $100 = Base business fee
For example, a business that has 1,000 square feet, and is a Type 1 business located in Zone 1, would calculate its formula as follows:
1,000 x $0.54 x 100% x 100% x 100% +$100 = $640.00
Section 2. Section 5.05.100 is hereby added to the Santa Cruz Municipal Code to read as follows:
“Section 5.05.100 Continued Application. The provisions of this Chapter shall continue to apply to the Parking and Business Improvement Area with the increased assessments approved and levied by the City Council on September 26, 2023.”

12.6 ORDINANCE NO. 2023-11
2 PASSED FOR PUBLICATION this 12th day of September, 2023, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-11 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

12.7 Downtown Association of Santa Cruz
FY 2023/24 WorkPlan
Approved by the Board of Directors
May 16, 2023 (Operating Plan)
July 18, 2023 (Proposed Assessment Structure)

12.8 2
Introduction
The Downtown Association of Santa Cruz manages a Business Improvement District established to promote commerce and provide an environment compatible with doing business. Business operators in the Downtown district contribute an assessment which is allocated by the Downtown Association Board of Directors to further the mission of the Downtown Association. The Board of Directors is comprised of, and elected by, assessed business owners in Downtown Santa Cruz.

The mission of the Downtown Association of Santa Cruz is to promote and sustain downtown as a unique and economically viable business, entertainment, social and cultural center. The primary programs of the Downtown Association are (1) Downtown Santa Cruz district marketing and events, and (2) providing clean, safe and welcoming services to visitors and businesses 365 days a year through our Ambassador and Information Kiosk programs. The Downtown Association also supports and advocates for downtown businesses, connecting downtown business owners and managers to resources and to each other. 2023/24 DOWNTOWN ASSOCIATION BOARD OF DIRECTORS
David Apgar, Goal Screen (Board Secretary)
Jennalee Dahlen, Yoso Wellness Spa and Yoso the Annex
Zach Davis, The Penny Ice Creamery (Board Vice Chair)
Katie Fairbairn, Santa Cruz Community Credit Union
Pedro Gonzalez, Farmers Insurance Group
Timmy Hunt, Pono Hawaiian Grill
Christie Jarvis, Minnow Arts and Land Culture Landscape Architecture Trevor Jones, Minnow Arts and SpaceCamp Design Build, Inc Bill Kempf, William C. Kempf, Architect (Board Treasurer) Stacy Nagel, Google (Social & Legislative Committee Chair) Nikki Patterson, Ecology Action
Cara Pearson, Pacific Cookie Company (Marketing Committee Chair) Damani Thomas, Oswald (Board Chair)
Uriah Wilkins, PipeLine (Nominations Committee Chair)

MANAGEMENT TEAM
Jorian Wilkins, Executive Director
Sonja Brunner, Operations Director
Shiri Gradek, Brand Director

12.9 3
Downtown Association of Santa Cruz
FY 2023/24 WorkPlan

1. Are there any proposed changes to the Business Improvement Assessment (BIA) structure? In 2024, it will be 30 years since the last change to the Business Improvement Assessment in Downtown Santa Cruz. The Board recommends increasing the assessment rates to ensure district marketing, activation, business support, advocacy and beautification activities are sustainably funded going forward.

The formula for calculating BIA Fees is:

Business Area Square Footage (SF) x Rate x Type % x Zone % + Parcel Fee No change is proposed to existing zones. The proposed increased rates and changes to type discounts are:

Rate: $0.47 → $0.54 per square foot
Parcel Fee: $50 → $100 annually
Type %:

Type 1 100% Retail, Food, Lodging
Type 2 60% → 75% Financial, Bars
Type 3 40% → 60% Wholesale, Services, Professions, Auto Type 4 40% Nonprofits & Theaters*
*Cap of 10,000 Sq Ft for Type 4 businesses; square footage cap eliminated for other types.

As downtown Santa Cruz has grown over the past three decades, and with future downtown development projects planned, the need to review the assessment methodology is paramount to the success of downtown. The proposal modestly increases the per square foot rate across the board, while also reducing discounts between neighbors (with an exception made for nonprofits, and struggling movie theaters which help bring people Downtown.)

12.10 4
The Downtown Association hired a financial consultant to provide assessment methodology options and to determine if assessed parcels benefit from Association services. After carefully considering the options, the Board recommends the proposed new assessment structure and an annual adjustment based on the Consumer Price Index or 3%, whichever is greater.

The full Methodology Summary Report from the financial consultant is included as Attachment No. 3.

2. Describe the improvement activities that will be provided or eliminated.

Please see Attachment No. 1 for baseline activities. The Downtown Association has successfully advocated for significant funding from property owners, in order to provide clean, safe and welcoming services for the district. Through the Association’s contracts with the Downtown Management Corporation and Block by Block, the Downtown Ambassador services are securely funded and professionally managed, and they greatly benefit everyone who spends time in our district.

District marketing, activation, business advocacy and beautification activities are all at risk without the proposed assessment changes. Without the changes, the Association can only sustainably afford a part-time administrator to support the volunteer Board in meeting the organizational requirements of running a business improvement district going forward. Our district would no longer have paid, professional leadership or advocacy staff. Business news, resources and networking events would cease. There would be under $100K available for outsourcing Downtown Santa Cruz promotions to a public relations firm, the scope for which would preclude many popular event traditions and participatory promotions currently produced by the Association’s in-house Brand Director.

Conversely, with the proposed BIA changes, the Downtown Association will not only be able to sustainably fund the current clean, safe & welcoming programs, district marketing, public events, business support and advocacy, but also increase our budget for activations that draw people Downtown, and our budget for neighborhood beautification projects including power washing and landscaping improvements.

3. Describe the budget for the improvement activities.

Please see Attachment No. 2.

4. Describe the method currently used to levy assessments for FY 24.

Business Improvement Assessments are based on the following formula:

12.11 5
(Business Area X Rate X Type X Zone) + $50.00 = Annual Assessment Annual Assessment ÷ 2 = Semi-Annual Assessment
FY 24 business improvement rates are currently as follows ~ RATE: $.47 per square foot*
*Cap of 10,000 Sq Ft
Type 1 100% Retail & Food
Type 2 60% Financial, Bars, & Theaters
Type 3 40% Wholesale, Services, Professions, Auto
ZONE 1 100%
ZONE 2 60%
Zone 1 represents the large majority of in-district businesses. Zone 2 businesses are on the outskirts of the district, and most are outside the Downtown Ambassador team’s walking coverage area. The Board is not proposing any changes to zones.

5. The amount of contributions from other sources, if any.

For FY 24, the Downtown Association has secured $337,478 in revenue from the Downtown Management Corporation to fund the contract for Ambassador services with Block by Block (www.blockbyblock.com). This is an increase over FY 23 funding of $213,784, and expands the walking coverage area of the Ambassador team to include Front Street and Cedar Street, along with Pacific Avenue and its side streets.

Staff-managed programs, projected to generate $95,000 in FY 24, generated $90,480 in FY 23:

FY 23 Actual
Sponsorship for Events/Promotions $ 12,470
Event Ticket Sales $ 24,272
Event Registration Fees $ 9,584
Advertising Sales* $ 43,565
Other Revenue $ 589
TOTAL $ 90,480

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*Advertising sales fund the distribution of 50,000 Downtown Santa Cruz Map & Directories annually.

Unredeemed Downtown Dollars fund the expenses of this popular local gift program, which has zero fees for 80+ participating Downtown Santa Cruz businesses.
(NOTE: None of this program revenue is anticipated if the organization is required to cut staff due to unsustainable funding; instead, these valued programs would also have to be cut.)

6. The proposed work plan for the next fiscal year.

Please see Attachment No. 1

12.13 7
Attachment No. 1
Downtown Association of Santa Cruz
FY 2023-2024 Work Plan
Approved on May 16, 2023
Introduction
The Downtown Association of Santa Cruz is a 501c(6) member benefit organization established to promote the Downtown business district. The organization’s mission is to provide effective leadership to create, promote and sustain downtown as a unique and economically viable business, entertainment, social and cultural center.

The Downtown Association operates a merchant-based Business Improvement District (B.I.D.) funded by a special assessment on those operating businesses in the district. The organization is governed by a volunteer board of directors, elected from, and representing, the assessed members of the district.

Staff includes an Executive Director, Brand Director, and part-time Membership Champion. Through our contractor, BlockbyBlock, the Downtown Association also has a full-time Operations Director, staffing the Downtown Ambassador Program along with the Downtown Information Kiosk. Additionally, the work of the association is augmented by volunteers, interns and contractors from time to time as projects warrant.

This work plan has been developed by the Board and staff to serve as a roadmap to guide the activities and resource allocation of the Downtown Association for fiscal year 2023-2024.

Budget Increase Needed for A Vibrant Downtown
The Downtown Association’s weak financial position was acknowledged in 2020 with the hiring of an Interim Executive Director, alongside the firm Progressive Urban Management Associates, to facilitate a strategic plan to improve the organization’s sustainability, work that was carried out in partnership with the City of Santa Cruz Economic Development Department.

In 2023-24, the organization will be running at a significant deficit and pursuing an increase in Business Improvement Assessments to more sustainably fund the services and programs offered to downtown business members. The levy has not changed for decades, and it is time.

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Year In Review
In fiscal year 2022-2023, the community enjoyed the return of a lively, activated Downtown with the opening of dozens of new businesses and year-round events - including the return of the Holiday Parade - drawing thousands of people back to spending time in Downtown Santa Cruz.

While operating on a shoestring budget, the Downtown Association supported its business members and the community at large, in its following four core areas:

1. Clean, Safe & Welcoming Programs: To ensure long-term sustainability for the Downtown Association’s core programs supported by the Downtown Management Corporation, the Downtown Ambassador and Information Kiosk programs, the Downtown Association contracts with BlockbyBlock, which runs operations for over 100 downtowns across the country. In 2022- 23, the Downtown Association advocated for the Downtown Management Corporation to expand the Ambassador’s coverage area to include the entire Downtown Association district, including Front Street, Center Street, Cedar Street, River Street and the Clock Tower triangle (between Pacific Avenue, Water Street, and River Street). The current Ambassador coverage area is now constrained to the area funded by the Downtown Management Corporation, Pacific Avenue and its side streets from Laurel Street to Water Street.

Downtown Ambassadors take charge of daily garbage, remove graffiti, report public maintenance issues to the city, and connect people in need to social services, in addition to connecting businesses to resources and assisting visitors, in the monthly Ambassador Reports. The association maintains close working relationships with the Santa Cruz Police Department and Encompass Service downtown Outreach Workers, as well as the City Manager and Office of Economic Development, who provide critical support to our Ambassadors and downtown’s safety and cleanliness.

2. Marketing: The Downtown Association of Santa Cruz actively markets Downtown Santa Cruz as the primary shopping district for Santa Cruz County through outreach to local residents and to visitors from Monterey, San Benito and Santa Clara communities. In order to reach a diverse and engaged group of visitors to the downtown district, the Downtown Association uses a multi-faceted approach to marketing by utilizing digital marketing (social media boasting over 19,800 instagram followers, ads, website and digital newsletters “e-news”) as well as in-person events to increase foot traffic to downtown streets and businesses.

With the help of an engaged Board of Directors, the Marketing Committee also churns out new promotion ideas each year to increase visibility to Downtown Santa Cruz, this year co-launching Downtown Fridays to draw hundreds of people Downtown during the winter.

12.15 9

3. Member Networking & Support: The association works to keep downtown business owners, managers and employees connected and informed primarily through our weekly Business News which is distributed via email and Facebook and read by hundreds of Downtown business owners and staff each week. The Downtown Association also hosts quarterly business mixers for its members, along with city partners, county business serving organizations, and community nonprofits. The association publicizes its Board of Directors and Committee meetings to encourage members’ volunteer engagement. It leads an annual public safety meeting with SCPD, County Mental Health, Downtown Outreach and Downtown Ambassadors. The association also collaborates with the Workforce Development Board of Santa Cruz County to host a Walkabout Job Fair, in conjunction with a Downtown Day Welcoming UCSC students in the fall, that results in dozens of hires for downtown businesses.

4. Advocacy: The Downtown Association maintains collaborative working relationships with organizations across Santa Cruz county, particularly with those that also serve the association’s members, such as the Santa Cruz County Chamber of Commerce, Santa Cruz County Business Council, Visit Santa Cruz, and the Small Business Development Center of Santa Cruz. Advocacy activities this year included supporting the Downtown Library and Affordable Housing project, supporting streamlined permitting and grants for permanent outdoor dining parklets, and co-hosting periodic broker breakfasts focused on reducing vacancies Downtown, with the partnership of Economic Development.

Since 2019, the Downtown Association has also been advocating for Santa Cruz to adopt a better tax assessment structure to sustain the desired downtown management, maintenance, beautification and neighborhood services. Well-funded Property Based Improvement Districts (PBIDs) provide the clean, safe and welcoming programs of downtowns that are admired around the country. The existing PBID in Downtown Santa Cruz is the Downtown Management Corporation (DMC). The Downtown Association is fully supportive of the DMC expanding its district boundaries to better fund crucially needed Ambassador services for the entire neighborhood.
2023-2024 PROGRAMS

DOWNTOWN AMBASSADOR PROGRAM
The Mission of the Downtown Ambassadors is to be the best part of people’s day in Downtown Santa Cruz.

The Downtown Ambassador program is funded by the Downtown Management Corporation. Launched in October of 2018, the Ambassador program has become a vital element of downtown management, and of the downtown experience for businesses and visitors. Providing a welcoming presence in the downtown is the core function of the program, but the impact and benefits reach well beyond that. In addition to serving visitors by providing local information, recommendations and directions, the Ambassadors serve

12.16 10
as a liaison with city agencies, contractors, service providers and others involved in Downtown management, maintenance, social services, and public safety.

Regular coordination with the Public Works downtown maintenance team, the sanitation department, Uncle Poop waste removal, and property owners adds a level of efficiency and accountability in addressing the ongoing and growing cleaning and maintenance needs of downtown’s built environment. The Ambassador team communicates both through the City of Santa Cruz’ Community Request for Service Portal (CRSP), as well as by selectively escalating issues of pressing concern via direct communications with relevant city departments.

Communication with the Santa Cruz Police Department, County Mental Health liaisons, Downtown Outreach workers, and with members of our community looking for, or in need of services, extends the valuable impact and reach of the program.

Ongoing engagement with Downtown Businesses and with district residents also does a lot to build community in the Downtown.

BRAND MANAGEMENT AND DISTRICT MARKETING
Promoting Downtown has long been a core purpose of the Downtown Association. The Downtown Association of Santa Cruz manages the Downtown Santa Cruz brand and promotes the businesses, events and elements that support its visibility and appeal, including:
• Continual alignment of social media and digital marketing • Brand management across all promotions, events and communications • Ongoing encouragement of brand alignment with our members and collaborators
The brand is conveyed through all of the association’s marketing efforts, designed to bring people to the district and enhance the experience of everyone spending time in Downtown Santa Cruz.

SOCIAL MEDIA & DIGITAL MARKETING
All of the association's promotional efforts direct visitors to downtown businesses and to the Downtown Association’s website, which remains current with Downtown events, activities and a complete and expanded directory of businesses. Our social media presence has over 34,000 followers, and continues to gain popularity on Instagram, Facebook and Twitter. The social platforms have provided an outstanding way to reach Downtown Santa Cruz fans with the many specific events, activities and business promotions in the district.

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DOWNTOWNSANTACRUZ.COM
The Downtown Santa Cruz website is a cornerstone of the association’s marketing. Utilizing a platform designed for downtowns across the country, the site has enhanced SEO, and provides a wealth of information and resources for visitors, locals and for the Downtown Santa Cruz business community. An online events calendar lists daily activities, concerts, plays, festivals, book readings, classes and everything else happening for the public in the district. A comprehensive business directory helps direct people to the food, shops or services they’re hoping to find. The site also provides valuable information to help the association’s business members find the resources they need to be successful in Downtown Santa Cruz.

DIGITAL E-NEWS
Our e-newsletters, with a reach of over 5,000 residents and fans, include This Week Downtown which provides a great sample of what’s happening downtown, from the big ticket events, to the more obscure, plus information about new businesses, deals, and interesting happenings.

BUSINESS DIRECTORIES
Each of our member businesses is listed on our online DowntownSantaCruz.com Business Directory. We also publish and distribute 50,000 copies of a popular fold-out illustrated paper Map and Directory with listings of all the retail, restaurants and services in the district, and maintain three freestanding business directory wayfinding signs on Pacific Avenue.

DOWNTOWN PROMOTIONS
Throughout the year, the Downtown Association typically promotes special and themed activities, building on successful events and inventing new activations. Popular community events include Kids Day, Wine Walk, Monthly Sidewalk Sales and of course winter Holiday traditions.

Downtown Sidewalk Sales
On the last weekend of each month, from March through Black Friday Weekend, the retail shops spill out onto the sidewalk for great month-end sales.

Where’s Waldo
In partnership with Bookshop Santa Cruz, Where’s Waldo is a great local summer activity that brings Waldo seekers around Downtown and into stores on a monthlong scavenger hunt. The Promotion culminates with a special event at Bookshop Santa Cruz with Prizes and Waldo himself.

Ice Cream Month
Downtown Santa Cruz would be remiss if we did not participate in National Ice Cream Month in July. Each year we host a coloring contest and invite folks to color their own exciting ice cream treat. Winners are selected in a variety of categories with a grand prize of ice cream for a year at the many favorite Downtown ice cream spots.

12.18 12
Back to School
Our back to school promotions celebrate students from kindergarten to postgraduates. Our targeted promotions for UCSC slugs and Cabrillo students aim to introduce our area’s newer residents to Downtown shops, restaurants, events and attractions.

Downtown Trick or Treat
One of our community’s favorite Santa Cruz traditions is Downtown Trick or Treat. Once again the Downtown Association will partner with our business members and the Santa Cruz Police Department to invite the community downtown for a fun, safe trick-or-treating good time.

Downtown Wine Walks
These Popular events are a great opportunity to showcase the local Appalachia and introduce wine lovers to new retail spots Downtown, and bring them back to visit their favorites. Presented twice a year, in November and in May, the Wine Walk is a great opportunity to bring visitors from around the Bay Area to spend a great afternoon in Downtown Santa Cruz.

Downtown Holiday Parade
The Official Kick Off to the Holiday Season happens on the first Saturday in December as the Downtown Holiday Parade marches, rolls, pedals, dances and sings up Pacific Avenue, bringing out thousands of locals, and amazing cross section of our community, and of course, the big finale of the Santa Cruz High School Cardinal Regiment Band followed by the man of the Hour atop a shiny, red, antique Santa Cruz Fire Engine.

Reindeer Roundup
The holidays provide many opportunities for Downtown promotion. Similar to our Summer Where’s Waldo Scavenger hunt, the Reindeer Roundup brings families into stores throughout the month of December, helping Santa find his team.

Golden Envelope
The Downtown Association serves as a neighborhood sponsor for the national Small Business Saturday event and brings holiday shoppers downtown to support local businesses during the Black Friday weekend, including on Small Business Saturday. During this Willy Wonka inspired event, shoppers are incentivized to come Downtown to win a Golden Envelope filled with surprise gift cards, when they make qualifying purchases at participating retailers on Saturday.

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Santa on Pacific Avenue
Those who have visited Santa on Pacific Avenue for a photo op know that the experience is not matched anywhere. These relaxed visits with our very special ambassador to the North Pole have reached a level of legend among local kids, parents and grandparents.

Kids Day Downtown
With dozens of children’s community organizations providing free activities during this fun street fair, Kids Day welcomes thousands of local families to Downtown for entertainment and great specials in our Downtown shops and restaurants.

Partner Events
In addition to producing events in-house, the Downtown Association co-sponsors and supports the production of a number of events throughout the year that promote the brand of Downtown Santa Cruz. Included in these events are Downtown Fridays, Earth Day, First Friday Santa Cruz, Dance Week Santa Cruz, the Santa Cruz Pride Parade & Festival, and more.

DOWNTOWN DOLLARS
Our Downtown Dollars program keeps tens of thousands of dollars in Downtown every year. Accepted at 85+ businesses in the district, Downtown Dollars make great gifts and are available for purchase at Bookshop Santa Cruz, Pacific Cookie Company, the Downtown Information Kiosk, and online. Downtown Dollar gifts encourage local spending.

DOWNTOWN INFORMATION KIOSK
For over a decade, the visitor information center in the kiosk located at 1130K2 Pacific Avenue, at the intersection of Soquel Avenue in front of New Leaf Community Market, has been a Santa Cruz institution.

The location provides valuable information and resources to visitors and locals, while promoting businesses and activities throughout the district. The cost of the kiosk has been offset by donated rent from the City of Santa Cruz Economic Development Department.

DOWNTOWN ADVOCACY
The Downtown Association maintains current knowledge of organizations and agencies that support doing business Downtown, and connects downtown businesses to resources. Downtown Association staff also serve as informed representatives of the downtown business community, on relevant issues, to the City Council, city management and other organizations interested in contributing to the business climate or community events in Downtown Santa Cruz. The Downtown Association’s ability to effectively represent the business interests downtown is dependent upon strong relationships, primarily with our business members, and ultimately with the many communities who use Downtown.

12.20 14

MEMBERSHIP EVENTS
One of the greatest assets of Downtown is our business community leaders, who bring their passions and talents downtown and open their doors to the public, defining the common experiences of Downtown Santa Cruz. The Downtown Association recognizes this asset, and fosters the connection of its members, and their ability to support each other, by hosting grand opening ribbon cuttings and networking events designed to bring members together and enhance the sense of community, as well as informational meetings that educate and engage the community on current events and issues.

WORKSHOPS
The Downtown Association hosts workshops and partners with other business service agencies to provide information, tools and knowledge that will help our members succeed.

Other Special Initiatives
Cognizant of important changes on the horizon, the Downtown Association of Santa Cruz will have an ongoing voice in defining the character of downtown as numerous large, mixed-use retail and residential developments begin construction. The Downtown Association will also continue to support permanent family-friendly attractions and privately-managed public spaces, which are widely desired by downtown’s business patrons. Constructing a Toddler Park on Pacific Avenue is one important, ongoing Board initiative.

Beautification
With additional funding, the first priority for the organization would be to create a power washing purse, so Downtown Ambassadors could direct private contractors to clean public sidewalks and benches on an on-demand basis, in between regularly scheduled city crew cleanings, as needed. Several landscaping improvement opportunities have also been identified that would increase the appeal of the Pacific Avenue corridor.

Conclusion
The Downtown Association of Santa Cruz has been a pillar in promoting, managing, and advocating for our Downtown while -- supporting the community of neighborhood business leaders who make Downtown the attractive, unique, fun and lively place it is today. The Downtown Association is also an active participant in the economic vibrancy of the Santa Cruz community. Meanwhile, the organization is financially vulnerable and not sustainable in its current Business Improvement District (BID) structure. The strength of the organization’s future lies in the ability to increase its revenues, through additional support from DMC and right-sizing Business Improvement Assessments in the coming year.

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-
Attachment No. 2
FY 2023/24 FY 2023/24 FY 2024/25 FY 2023/24 FY 2024/25
Budget
If BIA Change
Approved
If BIA Change
Approved
If BIA Change
Rejected
If BIA Change
Rejected

REVENUE
Property District Services (DMC Contract) $337,000 $337,000 $337,000 $337,000 $337,000 Business Improvement Assessment $260,000 $340,000 $420,000 $260,000 $267,800 Events & Sponsorships $40,000 $40,000 $40,000 $20,000 - Advertising & Other $55,000 $55,000 $55,000 $10,000 -
Total Revenue $692,000 $772,000 $852,000 $627,000 $604,800

EXPENSES
Staffing
Ambassador Contract $367,390 $367,390 $378,412 $367,390 $378,412 Downtown Association $268,535 $268,535 $276,591 $268,535 $90,000 Total Staff Expense $635,925 $635,925 $655,003 $635,925 $468,412 Marketing
Promotional Expenses $45,000 $45,000 $45,000 $45,000 $65,000 Activation / Event Expenses $42,500 $55,000 $55,000 $35,000 $25,000 Marketing Total $87,500 $100,000 $100,000 $80,000 $90,000 Beautification - $12,500 $25,000 - -
Overhead $43,170 $43,170 $45,000 $43,170 $45,000
Other $25,000 $25,000 $25,000 $25,000 -
Total Expense $791,594 $816,594 $850,003 $784,094 $603,412 Net -$99,594 -$44,594 $1,997 -$157,094 $1,388

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Attachment No. 3
Methodology Summary Report

12.23 Santa Cruz, California
August 2023
Prepared by:

Kristin Lowell, Inc.

Business Improvement District
Downtown Association of Santa Cruz
Methodology Summary Report

12.24 TABLE OF CONTENTS
SECTION A: Introduction ........................................................................................ 1 SECTION B: Description of Services...................................................................... 2 SECTION C: District Boundary ............................................................................... 7 SECTION D: Proposed Budget.............................................................................. 11 SECTION E: Assessment Methodology ............................................................... 12

12.25 DTSC Business Improvement District August 2023
Methodology Summary Report Page 1 of 12
SECTION A: INTRODUCTION
In 1985, the City of Santa Cruz approved the initial Business Improvement District (“BID”) for downtown Santa Cruz to fund business promotion. Subsequently, in 2018, the BID was amended to fund ambassadors that provide ongoing maintenance services throughout the downtown. The BID is funded by a special assessment of those operating businesses in the district and is collected every year on the business license. The Downtown Association of Santa Cruz (“DTA”) is the 501c(6) management organization that manages the day to day operations of the BID. Its mission is to provide effective leadership to create, promote and sustain downtown as a unique and economically viable business, entertainment, social and cultural center.

As downtown Santa Cruz has grown over the three decades and future downtown development projects planned, the cost for providing these ongoing services has increased to the point that the BID is no longer generating enough revenue to provide the same level of services. To meet the current service levels and that of anticipated future need, the DTA is requesting an increase in the assessments levied against the businesses within the district boundary.

This report reviews the provided services, estimated budget, and the assessment rates for the existing district.

12.26 DTSC Business Improvement District August 2023
Methodology Summary Report Page 2 of 12
SECTION B: DESCRIPTION OF SERVICES
Downtown Ambassador Program
The Mission of the Downtown Ambassadors is to be the best part of people’s day in Downtown Santa Cruz.

The Downtown Ambassador program is funded by
the Downtown Management Corporation. Launched
in October of 2018, the Ambassador program has
become a vital element of downtown management,
and of the downtown experience for businesses and
visitors. Providing a welcoming presence downtown
is the core function of the program, but the impact
and benefits reach well beyond that. In addition to
serving visitors by providing local information,
recommendations and directions, the Ambassadors
serve as a liaison with city agencies, contractors,
service providers and others involved in Downtown
management, maintenance, social services, and
public safety.

Regular coordination with the Public Works downtown maintenance team, the sanitation department, Uncle Poop waste removal, and property owners adds a level of efficiency and accountability in addressing the ongoing and growing cleaning and maintenance needs of downtown’s built environment. The Ambassador team communicates both through the City of Santa Cruz’ Community Request for Service Portal (CRSP), as well as by selectively escalating issues of pressing concern via direct communications with relevant city departments.

Communication with the Santa Cruz Police Department, County Mental Health liaisons, Downtown Outreach workers, and with members of our community looking for, or in need of services, extends the valuable impact and reach of the program. Ongoing engagement with Downtown Businesses and with district residents also does a lot to build community in Downtown.

Downtown Marketing
Promoting Downtown has long been a core purpose of the Downtown Association. The Downtown Association of Santa Cruz manages the Downtown Santa Cruz brand and promotes the businesses, events and elements that support its visibility and appeal, including:
• Continual alignment of social media and digital marketing • Brand management across all promotions, events and communications • Ongoing encouragement of brand alignment with our members and collaborators The brand is conveyed through all of the association’s marketing efforts, designed to bring people to the district and enhance the experience of everyone spending time in Downtown Santa Cruz.

DOWNTOWNSANTACRUZ.COM
The Downtown Santa Cruz website is a cornerstone of the association’s marketing. Utilizing a platform designed for downtowns across the country, the site has enhanced SEO, and provides a wealth of information and resources for visitors, locals and for the Downtown Santa Cruz

12.27 DTSC Business Improvement District August 2023
Methodology Summary Report Page 3 of 12
business community. An online events calendar lists daily activities, concerts, plays, festivals, book readings, classes, and everything else happening for the public in the district. A comprehensive business directory helps direct people to the food, shops, or services they’re hoping to find. The site also provides valuable information to help the association’s business members find the resources they need to be successful in Downtown Santa Cruz.

Social Media & Digital Marketing
All of the association's promotional efforts direct visitors to downtown businesses and to the Downtown Association’s website, which remains current with Downtown events, activities and a complete and expanded directory of businesses. Our social media presence has over 34,000 followers, and continues to gain popularity on Instagram, Facebook and Twitter. The social platforms have provided an outstanding way to reach Downtown Santa Cruz fans with the many specific events, activities and business promotions in the district.

Digital E-News
Our e-newsletters, with a reach of over 5,000 residents and fans, include This Week Downtown which provides a great sample of what’s happening downtown, from the big ticket events, to the more obscure, plus information about new businesses, deals, and interesting happenings.

Business Directories
Each of our member businesses is listed on our online DowntownSantaCruz.com Business Directory. We also publish and distribute 50,000 copies of a popular fold-out illustrated paper Map and Directory with listings of all the retail, restaurants, and services in the district, and maintain three freestanding business directory wayfinding signs on Pacific Avenue.

Downtown Information Kiosk
For over a decade, the visitor information center in the kiosk located at 1130K2 Pacific Avenue, at the intersection of Soquel Avenue in front of New Leaf Community Market, has been a Santa Cruz institution. The location provides valuable information and resources to visitors and locals, while promoting businesses and activities throughout the district. The cost of the kiosk has been offset by donated rent from the City of Santa Cruz Economic Development Department.

Downtown Dollars
The Downtown Dollars program keeps tens of thousands of dollars in Downtown every year.

Accepted at 85+ businesses in the district, Downtown Dollars make great gifts and are available for purchase at Bookshop Santa Cruz, Pacific Cookie Company, the Downtown Information Kiosk, and online. Downtown Dollar gifts encourage local spending.

Downtown Promotions
Throughout the year, the Downtown Association promotes special and themed activities, building on successful events and inventing new activations. Popular community events include Kids Day, Wine Walk, Monthly Sidewalk Sales and of course winter Holiday traditions.

Where’s Waldo
In partnership with Bookshop Santa Cruz, Where’s Waldo is a great local summer activity that brings Waldo seekers around Downtown and into stores on a month-long scavenger hunt. The Promotion culminates with a special event at Bookshop Santa Cruz with Prizes and Waldo himself.

12.28 DTSC Business Improvement District August 2023
Methodology Summary Report Page 4 of 12
Ice Cream Month
Downtown Santa Cruz would be remiss if we did not participate in National Ice Cream Month in July. Each year we host a coloring contest and invite folks to color their own exciting ice cream treat. Winners are selected in a variety of categories with a grand prize of ice cream for a year at the many favorite Downtown ice cream spots.

Back to School
Our back to school promotions celebrates students from kindergarten to postgraduates. Our targeted promotions for UCSC slugs and Cabrillo students aim to introduce our area’s newer residents to Downtown shops, restaurants, events, and attractions.

Reindeer Roundup
The holidays provide many opportunities for Downtown promotion. Similar to our Summer Where’s Waldo Scavenger hunt, the Reindeer Roundup brings families into stores throughout the month of December, helping Santa find his team.

Golden Envelope
The Downtown Association serves as a neighborhood sponsor for the national Small Business Saturday event and brings holiday shoppers downtown to support local businesses during the Black Friday weekend, including Small Business Saturday. During this Willy Wonka inspired event, shoppers are incentivized to come Downtown to win a Golden Envelope filled with surprise gift cards, when they make qualifying purchases at participating retailers on Saturday.

Rotating Promotions
Varying themed promotions throughout the year highlight different Downtown appeals, such as Self Care Month promoting spas, yoga, and health services or Beverage Bingo delivering prizes to customers who patronize more than one coffee shop.

Public Events
Downtown Sidewalk Sales
On the last weekend of each month, from
March through Black Friday Weekend, the
retail shops spill out onto the sidewalk for
great month-end sales.

Kids Day Downtown
With dozens of children’s community
organizations providing free activities during
this fun street fair, Kids Day welcomes
thousands of local families to Downtown for
entertainment and great specials in our
Downtown shops and restaurants.

Downtown Trick or Treat
One of our community’s favorite Santa Cruz traditions is Downtown Trick or Treat. Once again, the Downtown Association will partner with our business members and the Santa Cruz Police Department to invite the community downtown for a fun, safe trick-or-treating good time.

12.29 DTSC Business Improvement District August 2023
Methodology Summary Report Page 5 of 12
Downtown Wine Walks
These Popular events are a great opportunity to showcase the local Appalachia and introduce wine lovers to new retail spots Downtown and bring them back to visit their favorites. Presented twice a year, in November and in May, the Wine Walk is a great opportunity to bring visitors from around the Bay Area to spend a great afternoon in Downtown Santa Cruz.

Downtown Holiday Parade
The Official Kick Off to the Holiday Season happens on the first Saturday in December as the Downtown Holiday Parade marches, rolls, pedals, dances and sings up Pacific Avenue, bringing out thousands of locals, and amazing cross section of our community, and of course, the big finale of the Santa Cruz High School Cardinal Regiment Band followed by the man of the Hour atop a shiny, red, antique Santa Cruz Fire Engine.

Santa on Pacific Avenue
Those who have visited Santa on Pacific Avenue for a
photo op know that the experience is not matched
anywhere. These relaxed visits with our very special
ambassador to the North Pole have reached a level of
legend among local kids, parents and grandparents.

Partner Events
In addition to producing events in-house, the Downtown
Association co-sponsors and supports the production of a number of events throughout the year that promote the brand of Downtown Santa Cruz. Included in these events are Downtown Fridays, Earth Day, First Friday Santa Cruz, Dance Week Santa Cruz, the Santa Cruz Pride Parade & Festival, and more.

Beautification
With additional funding, the first priority for the DTSC would be to create a power washing purse, so Downtown Ambassadors could direct private contractors to clean public sidewalks and benches on an on-demand basis, in between regularly scheduled city crew cleanings, as needed.

Several landscaping improvement opportunities have also been identified that would increase the appeal of the Pacific Avenue corridor.

Business Support & Advocacy
The Downtown Association maintains current knowledge of organizations and agencies that support doing business Downtown and connects downtown businesses to resources. Downtown Association staff also serve as informed representatives of the downtown business community, on relevant issues, to the City Council, city management and other organizations interested in contributing to the business climate or community events in Downtown Santa Cruz. The Downtown Association’s ability to effectively represent the business interests downtown is dependent upon strong relationships, primarily with our business members, and ultimately with the many communities who use Downtown.

12.30 DTSC Business Improvement District August 2023
Methodology Summary Report Page 6 of 12
Downtown Business News
The Downtown Association’s weekly e-newsletter to business members provides businesses owners and managers with up-to-date information on upcoming Downtown events and promotional opportunities, relevant and accessible small business resources, local public initiatives and legislative issues affecting Downtown, and reasons to celebrate in our community.

Membership Events
One of the greatest assets of Downtown is the business community leaders, who bring their passions and talents downtown and open their doors to the public, defining the common experiences of Downtown Santa Cruz. The Downtown Association recognizes this asset, and fosters the connection of its members, and their ability to support each other, by hosting grand opening ribbon cuttings and networking events designed to bring members together and enhance the sense of community, as well as informational meetings that educate and engage the community on current events and issues.

Workshops
The Downtown Association hosts workshops and partners with other business service agencies to provide information, tools and knowledge that will help our members succeed.

Other Special Initiatives
Cognizant of important changes on the horizon, the DTSC will have an ongoing voice in defining the character of downtown as numerous large, mixed-use retail and residential developments begin construction. The Downtown Association will also continue to support permanent familyfriendly attractions and privately managed public spaces, which are widely desired by downtown’s business patrons. Constructing a Toddler Park on Pacific Avenue is one important, ongoing Board initiative.

12.31 DTSC Business Improvement District August 2023
Methodology Summary Report Page 7 of 12
SECTION C: DISTRICT BOUNDARY
Existing Boundary
The current District boundary includes all parcels with street frontage on Pacific Avenue between River Street and Laurel Street and all side streets off of Pacific Avenue between Front Street and Center Street including, Soquel Avenue, Locust, Cooper, Church, Walnut, Lincoln, Cathcart, Elm and Maple Streets; Plaza, Locust, Commerce, Elm and Birch Lanes; Pearl Alley; Lincoln-Cathcart and Pacific-Front alley ways.

See the District boundary map on the following page.

Service Zones
The District is allocated into two service zones based on the address of the building as indicated in the following table.

Street Address Zone
Bulkhead St 100-199 2
Cathcart St 100-299 1
Cedar St 300-399 2
Cedar St 400-1199 1
Center St 300-1099 2
Church St 100-100 1
Church St 200-299 2
Commerce Ln 1300-1399 1
Cooper St 100-199 1
Elm St 100-199 1
Elm St 200-299 2
Front St 300-407 2
Front St 408-530 (Even Only) 2
Front St 409-529 (Odd Only) 1
Front St 531-899 1
Knight St 100-199 2
Laurel St 100-399 2
Lincoln St 100-199 1
Lincoln St 200-304 2
Locust St 100-199 1
Locust St 200-299 2
Maple St 200-299 (All) 2
Maple St 100-198 (Even Only) 1
Maple St 101-199 (Odd Only) 2
Mission St 100-120 2
North Pacific Av 2000-2099 2
Pacific Av 715-904 (Excluding 901,
903)
2 Pacific Av 901-1599 (excluding 902,
904)
1 12.32
DTSC Business Improvement District August 2023
Methodology Summary Report Page 8 of 12
Street Address Zone
Palomar Ar 1-99 1
Pearl Al 100-199 2
River St 10-75 1
River St 76-199 1
River St South 100-199 1
Soquel Av 100-199 1
Union St 100-199 2
Walnut Av 100-125 1
Walnut Av 132-199 2
Water St 100-149 2

12.33 DTSC Business Improvement District August 2023
Methodology Summary Report Page 9 of 12

12.34 DTSC Business Improvement District August 2023
Methodology Summary Report Page 10 of 12

12.35 DTSC Business Improvement District August 2023
Methodology Summary Report Page 11 of 12
SECTION D: PROPOSED BUDGET
The following table outlines the DTA budget for 2024.

FY 2023/24 FY 24/25
EXPENDITURES 1/2 YEAR FULL YEAR
Ambassador Program - Block by Block $190,000 $380,000
Marketing and Special Events $140,000 $280,000
Beautification $12,500 $25,000
Advocacy and Business Support $48,500 $97,000
Administration $35,000 $70,000
Total Expenditures $426,000 $852,000

REVENUES
DMC Contribution - Ambassador Services $168,500 $337,000 Events and Sponsorships $20,000 $40,000
Advertising & Other $27,500 $55,000
Assessment Revenues $210,000 $420,000
Total Revenues $426,000 $852,000
Budget Adjustment
Every year the budget and assessments are subject to an annual increase equal to the Consumer Price Index for the San Francisco area year over year.

12.36 DTSC Business Improvement District August 2023
Methodology Summary Report Page 12 of 12
SECTION E: ASSESSMENT METHODOLOGY
Methodology
Each business’s assessment is based upon three factors: building square footage, business type, and benefit zone. There are four business types and their respective percentages, as outlined below.

Business Type
Type 1: 100% Retail, Food, Lodging
Type 2: 75% Financial, Bars
Type 3: 60% Wholesale, Trade, Services, Professions, Auto Dealers Type 4: 40% Non-Profit, Theaters (capped at 10,000 SF)
As mentioned above there are two benefit zones based on the business address. The two zones are allocated as follows:

Benefit Zone Allocation
Zone 1 100%
Zone 2 60%
Assessment Calculation
Using the information from above and the building square footage, each business’s assessment is calculated using the following methodology.

Base Rate: $0.54 per square foot
Sq. Ft. x $0.54 x CPI x TF x ZF + $100 = $ Annual Assessment Sq. Ft. = building square footage (Zone 4 – 10,000 square foot maximum) CPI = annually adjusted Consumer Price Index (utilizing the 2023/2024 as the base fiscal year) TF = Type Factor:
i. Type 1 = 100% (retail, food, lodging)
ii. Type 2 = 75% (financial, bars)
iii. Type 3 = 60% (wholesale, trade, services, professions, auto dealers) iv. Type 4 = 40% (non-profit, theaters)
ZF = Zone Factor:
v. Zone 1 = 100%
vi. Zone 2 = 60%
$100 = Base business fee
Sample Parcel Assessments
For example, a business that has 1,000 square feet, and is a Type 1 business located in Zone 1, would calculate its formula as follows:
1,000 x $0.54 x 100% x 100% x 100% +$100 = $640.00
All business assessments are calculated in the same manner.

12.37 1
Rosemary Balsley
From: Pedro Gonzalez <[email protected]>
Sent: Friday, September 22, 2023 8:19 AM
To: City Council
Subject: Letter of Support for the Business Improvement Assessment (BIA) Dear City Council Members,
I have worked in Downtown Santa Cruz for 2 years. I am the CEO/District Manager at of Santa Cruz County’s Farmers Insurance District Office.

I am wriƟng in support of the proposed Business Improvement Assessment (BIA) change.

Our district needs sustainable funding for criƟcal cleaning and safety services, Downtown Santa Cruz district markeƟng, neighborhood advocacy and more.

The BIA structure has not changed since 1994. AŌer 30 years, it is Ɵme.

I am pleased to join the unanimous Board of the Downtown AssociaƟon in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

Sincerely,
Pedro Gonzalez
District Manager
District 86
License Number: 0E27909
831-216-0031 Office
[email protected]
https://recruitment.farmers.com/pgonzalez1
1521 ½ Pacific Ave , Santa Cruz, CA 95060
Farmers Financial SoluƟons, LLC (FFS) does not accept trading instrucƟons via email, voicemail, instant/text messages, or fax. For assistance, please contact your financial services agent or the FFS call center at 866‐504‐1004. TransacƟon requests received aŌer 1 p.m. CT will be processed on a best‐efforts basis.

This e‐mail message and any accompanying documents may contain confidenƟal informaƟon intended solely for the

12.38 2
addressee(s). Any use of the contents of this e‐mail by someone other than the addressee(s) is strictly prohibited. If you are not the intended recipient, please advise the sender of the error and immediately delete the message and any accompanying documents.

Farmers Group, Inc. and its subsidiaries and affiliates, including FFS, reserve the right to monitor, review and retain all e‐ mail communicaƟons, including aƩachments, sent to or from this address.

SecuriƟes offered through Farmers Financial SoluƟons, LLC, 31051 Agoura Road, Westlake Village, California 91361.

Member FINRA & SIPC.

12.39 1
Rosemary Balsley
From: David Apgar <[email protected]>
Sent: Friday, September 22, 2023 8:44 AM
To: City Council
Subject: Support for BIA change
Attachments: 2023 Sept 22 Letter of Support for BIA update.pdf Hi Council members,
Please see my letter of support for the proposed BIA change attached. This is important for not only businesses downtown, but for family access to downtown as well.

David Apgar | GoalScreen
101 Cooper Street | Santa Cruz, CA 95060
e: [email protected] | m: 202.674.2357

Please schedule consulting sessions here.

For free use of the GoalScreen prediction engine:
1) go to https://goalscreen.com/goalscreen‐business‐coaching‐software/ 2) click on Start Free Trial
3) select the Demo option.

12.40 To: [email protected]
Dear City Council Members,
I have worked in Downtown Santa Cruz for 7 years. I am the founder at GoalScreen, a consultancy working out of NextSpace.

I am writing in support of the proposed Business Improvement Assessment (BIA) change.

Our district needs sustainable funding for critical cleaning and safety services, Downtown Santa Cruz district marketing, neighborhood advocacy, outreach calls, and more.

The BIA structure has not changed since 1994. After 30 years, it is time.

I am pleased to join the unanimous Board of the Downtown Association in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

Sincerely,
David Apgar
116 Sadi Street

12.41 From: Nikki Patterson
To: City Council
Subject: Business Improvement Assessment BIA
Date: Friday, September 22, 2023 9:12:15 AM
[email protected]
Dear City Council Members,
I have worked in Downtown Santa Cruz for 3 years as the former Director of Development & Communications at the MAH and as a current Ecology Action Board Trustee and community leader.

I am writing in support of the proposed Business Improvement Assessment (BIA) change.

Our district needs sustainable funding for critical cleaning and safety services, Downtown Santa Cruz district marketing, neighborhood advocacy and more.

The BIA structure has not changed since 1994! After 30 years, it is time.

I am pleased to join the unanimous Board of the Downtown Association in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

In community,
Nikki Patterson
Linkedin Instagram

12.42 1
Rosemary Balsley
From: Christie Jarvis <[email protected]>
Sent: Friday, September 22, 2023 12:20 PM
To: City Council
Subject: Letter of Support for BIA change
Dear City Council Members,
I have worked in Downtown Santa Cruz for many years, beginning with Gabriella Cafe in the early 2000s and now having my own Art Gallery, Minnow Arts. As a business owner, I can attest to the need for a clean safe and robust DT. This is why I am writing to you now in support of the proposed Business Improvement Assessment (BIA) change.

The impact these services have on our community is immeasurable. Our district needs sustainable funding for critical cleaning and safety services, Downtown Santa Cruz district marketing, neighborhood advocacy, and more.

The BIA structure has not changed since 1994 and needs to be brought up to date. With our growing DT we need to continue moving forward positively by providing the cleanest and safest environment we can to new residents and visitors.

I am pleased to join the unanimous Board of the Downtown Association in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

Sincerely,
Christie Jarvis
‐‐
Minnow Arts
204 Locust St. Santa Cruz, CA 95060
831.566.8634 | [email protected]

12.43 1
Rosemary Balsley
From: Emily Bernard Coonerty <[email protected]>
Sent: Friday, September 22, 2023 12:44 PM
To: City Council
Subject: support the BIA assessment change
Dear City Council Members,
I have worked in Downtown Santa Cruz for over twenty years. I am the president and owner of Dell Williams Jewelers, a business that has been in Downtown Santa Cruz since 1927.

I am writing in support of the proposed Business Improvement Assessment (BIA) change.

Our district needs sustainable funding for critical cleaning and safety services, Downtown Santa Cruz district marketing, neighborhood advocacy and more.

The BIA structure has not changed since 1994. After 30 years, it is time.

I am pleased to join the unanimous Board of the Downtown Association in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

Sincerely,
Emily
‐‐
Emily Bernard Coonerty

DELL WILLIAMS JEWELERS
1320 Pacific Avenue, Santa Cruz, CA 95060
t | 831.423.4100 c | 831.251.4642
DellWilliams.com | Instagram
When only the finest will do.

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

12.44 1
Rosemary Balsley
From: Pono Hawaiian LLC ቘ <[email protected]> Sent: Friday, September 22, 2023 1:20 PM
To: City Council
Subject: BIA change letter
Attachments: LETTER_DTA.pdf
Hello, attached is my letter of support for the BIA change of 2023. Please let me know if you have any questions and thank you,
‐‐
Timmy Hunt
Founder and President
Pono Hawaiian Grill LLC
(831)428‐7546

12.45 12.46
1 Rosemary Balsley
From: Botanic And Luxe <[email protected]>
Sent: Friday, September 22, 2023 1:51 PM
To: City Council
Subject: [CAUTION: Verify Sender Before Opening!] Letter of Support Attachments: City council .docx
To whom it may concern,
Please see our 'letter of support' attached:)
‐‐
Leilani & Ariel
Co-Owners
(831) 515 - 7710
[email protected]
www.botanicandluxe.com
110 Cooper St. Suite 100F
Santa Cruz, Ca 95060

12.47 To: [email protected]
Dear City Council Members,
I have worked in Downtown Santa Cruz for 15 years. I am the co/owner (role) at Botanic and Luxe (place of business).

I am writing in support of the proposed Business Improvement Assessment (BIA) change.

Our district needs sustainable funding for critical cleaning and safety services, Downtown Santa Cruz district marketing, neighborhood advocacy and more.

The BIA structure has not changed since 1994. After 30 years, it is time.

I am pleased to join the unanimous Board of the Downtown Association in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

Sincerely,
Leilani Zehnder
(name)

12.48 1
Rosemary Balsley
From: Janis Cognito <[email protected]>
Sent: Friday, September 22, 2023 4:56 PM
To: City Council
Subject: Support for the proposed BIA change!
Dear City Council Members,
I am a resident of the greater Downtown area, I have worked in Downtown Santa Cruz for almost 20 years, and I am the owner of Cognito Clothing.

I am writing in support of the proposed Business Improvement Assessment (BIA) change.

Our district needs sustainable funding for critical cleaning and safety services, Downtown Santa Cruz district marketing, neighborhood advocacy and more. Our Downtown is a gem and it needs to be maintained as such.

The BIA structure has not changed since 1994. After 30 years, it is time.

I am pleased to join the unanimous Board of the Downtown Association in my desire to support the heart of our city now and into the future.

Thank you for approving the new assessments needed.

Sincerely,
Janis Coulter
Owner, Cognito Clothing
Longtime resident of the greater Downtown Area
Janis Coulter
she/her/hers
Cognito Clothing
821 Pacific Avenue
Santa Cruz, California 95060
831.426.5414
*Find us on Instagram and Facebook*

12.49 1
Rosemary Balsley
From: Bonnie Bush
Sent: Monday, September 25, 2023 7:22 AM
To: City Council
Subject: Fwd: Downtown increase in fees
Bonnie Bush
City Clerk
City of Santa Cruz
809 Center St., Room 8, Santa Cruz, CA 95060
Phone: 831‐420‐5035
Email:[email protected] Web: www.cityofsantacruz.com Begin forwarded message:

From: Michele Replogle <[email protected]> Date: September 24, 2023 at 8:12:02 AM PDT
To: Bonnie Bush <[email protected]>, [email protected] Subject: Downtown increase in fees
How is an increase in fees even a consideration with so many empty store fronts the cost of doing business downtown is too high. Get more business before going after the businesses that are there now.

I do not have a business downtown but I am a regular patron and want to see more stores open.

Thank you,
Michele Replogle

12.50 City Council

AGENDA REPORT
DATE: 08/23/2023
AGENDA OF: 09/26/2023
DEPARTMENT: City Manager/Public Works
SUBJECT: West Cliff Update, including Infrastructure, Transportation, Regulatory Planning, and Roadmap Development (CM/PW)
RECOMMENDATION: Motion to receive updates on:
1) Any recent construction or traffic work for infill walls project; 2) Planning and regulatory efforts relevant to the West Cliff area; 3) Three-year post-recovery roadmap, 50-year vision, and interagency coordination; and 4) Funding.

BACKGROUND: West Cliff Drive between Columbia Road and David Way was severely damaged by large swells during the January 2023 storms, causing portions of the roadway and path to fail, along with impacts to public access points, utility infrastructure, and the surrounding neighborhood. Initial work was focused on emergency protective measures geared toward safety and access. Additionally, community interest in support of accelerated decision-making regarding management of the West Cliff area was activated.

Post-disaster, the City assembled an integrated, citywide team to holistically address the damage, existing in process work, and development of adjusted next steps as West Cliff is a cherished public amenity that should be accessible to all for a variety of uses.1 The extended team also included consulting and engineering partners, regulatory agencies, funders, the community, and community groups.

Work including and since the May 23, 2023 Council meeting:
- General:
o Shared comprehensive update to Council on May 23, 2023 o Received direction at Council on September 12, 2023 to:
 Restore two-way traffic, remove the one-way pilot when the infill walls are complete, and include further traffic options in the 50-year vision project; and
 Adopt a resolution to approve a city traffic calming toolkit. - Regulatory and Planning Efforts:
o Regulatory and Planning:
1 Project related information, related sites to link to, and community outreach information can be found at:
https://www.cityofsantacruz.com/government/city-departments/city-manager/west-cliff

13.1  The City was featured in a case study prepared by the California Governor’s Office of Planning and Research on its adaptive management approach and efforts to align policies and plans.
 Local Coastal Program (LCP) update:
 Revised draft of the LCP Beaches and Bluffs Hazards and Adaptation Policy Chapter and coordinating its review with the local Coastal Commission team.
 Revised drafts of the LCP Coastal Access Chapter and Visitor Serving Uses Policy Chapters, including completion of
interdepartmental review, with Coastal Commission coordination set to commence in September.
 Revised drafts of the LCP Marine Environment, Land Resources, and Development Policy Chapters, with interdepartmental review completion expected in early October.
 Local Hazard Mitigation Plan (LHMP):
 The “mini” LHMP administrative amendment was submitted and received by California Office of Emergency Services in early August 2023, enabling projects contained in the plans adopted since the last LHMP in 2018 to be eligible for Federal Emergency Management Agency (FEMA) funds.
 The full 5-year update to the LHMP (in coordination with the Climate Adaptation Plan Update) is in progress with a community survey currently available in English and Spanish through September 15. More engagement is planned through the fall.  The full 5-year update to the LHMP will be presented to City Council for adoption in December 2023.
 Emergency Coastal Development Permit (ECDP):
 Verbal authorization granted by the Coastal Commission for four infill walls (928, 932, 1016, and 1030 West Cliff) and for traffic control measures.
 Formal ECDP expected to be submitted to the Coastal Commission in October.
o Roadmap and Vision:
 On August 18, 2023, published “A Resilient West Cliff, Accessible to All Roadmap” (Roadmap) –
https://www.cityofsantacruz.com/government/city-departments/citymanager/west-cliff/Draft Roadmap  Started project to implement May 23rd Council direction to develop a fiftyyear vision (Vision) for West Cliff  Moved forward interagency coordination on multiple fronts including 1:1 interviews and through the Silver Jackets, state and federal interagency support team – focused on nature-based solutions and long-term vision implementation
- Funding:
o Received $1,000,000 in state funding through Senator Laird’s office. This funding was allocated to the infill walls project at the September 12th Council meeting. o Coastal Conservancy staff will recommend that to their board this month approval for funding a $500,000 grant for the City of Santa Cruz Coastal Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study.

13.2 o In August:
 Coordinated with other Monterey and Santa Cruz County agencies and nonprofits on two “Notice of Intent” Submissions for the National Oceanic and Atmospheric Agency’s (NOAA) Regional Resilience grant program for a suite of coastal resilience projects including staffing, regional coordination, coastal flood risk reduction through NBS and coastal restoration.
 Also supported Save the Wave’s application to NOAA grant program for a Northern Monterey Bay Extreme Wave Event Resilience Collaborative. o Began conversations with the Community Foundation to setup a West Cliff resilience fund to accept community donations.
o Awarded assistance from Silver Jackets, an interagency group of federal, state and local agencies to engage in a working group to support recovery and long-term resilience along the Santa Cruz coast.

Outreach across All Project Areas – “Community Conversations” since May 23, 2023:
- Neighborhood / “garage” meetings:
o June 1, 2023 pop-up engagement on West Cliff Drive
o June 13, 2023 pop-up engagement at the Wharf Summer Concert series o June 15, 2023 pop-up engagement on West Cliff Drive
o July 11, 2023 Pelton and Clark Neighbors meeting
o July 19, 2023 Delaware and Almar Neighbors meeting
- Vision project:
o August 15th – Council Study Session – “Understanding the Dynamic Coast” o Formation of City Manager West Cliff 50-year Vision Focus Group (Focus Group)
o Workshops:
 October 3 – London Nelson Community Center, 5:30-7:00 pm  October 18 – Zoom, 5:30-7:00 pm
o Focus Group meetings (tentative partial list)
 September 27 – Kickoff
 October 17 – 2nd Meeting
- Other community outreach:
o August 18th Newsletter - https://www.cityofsantacruz.com/government/citydepartments/public-works/traffic-engineering/west-cliff-storm-damage-andtemporary-traffic-controls/west-cliff-newsletters/West Cliff August Update o August 4 – Museum of Natural History “What about Wildfire” event discussing West Cliff Drive and the LHMP
o September 6 – London Nelson “What Can I do about Climate” forum discussing West Cliff Drive and the LHMP
o September 21 – Virtual Community Meeting on the LHMP and Climate Adaptation Plan updates (tentative)
o Numerous media interviews
- In early August, staff participated in the 2023 California Adaptation Forum delivering a session on the City of Santa Cruz’ Smart Coastal Change Monitoring Network and adaptive coastal management approach.

13.3 DISCUSSION: Urgent portions of West Cliff work for the infrastructure and transportation areas were heard at Council on September 12th. The integrated West Cliff team is now reporting back on the other aspects of the program. The components are many and complex and are broken out into the following sections:
- Infrastructure and Traffic Updates
- Regulatory and Planning Efforts
o Local Coastal Program
o 3-year Post-recovery Roadmap
o 50-year Vision
o Interagency Coordination
- Funding
Infrastructure and Traffic Updates
A. Infrastructure Updates
Infill Walls

1. Granite Construction crews are set to mobilize and begin setting up traffic control the week of 9/18/23. Specific coordination will occur with neighbors to best accommodate turning in and out of driveways where additional barriers are planned. Work hours are generally planned to be from 7 am to 5 pm, Monday through Saturday, and may vary day to day. Work will focus initially on 1016 West Cliff Dr, which sustained the most serious damages and also requires the most extensive grading to create temporary access ramps down to the bottom of the work area which is approximately 20 feet below the roadway elevation.

2. The project team is proposing a design optimization that would eliminate the shotcrete facing on the walls and instead replace it with a more durable and easier to construct “formed face”. Visually the change would be negligible as the formed concrete face would still use roughly textured surface and colored concrete to blend with the adjacent fluff face.

Bethany Curve Culvert

3. On September 15th , the City received formal approval of its initial emergency funding request to repair Bethany Curve culvert. The City will receive approximately $11.5 million in emergency funding. A City match of approximately 12.5% is still required.

Staff are exploring supplemental grant sources from the State to cover portions of City cost share. Design on the project continues with bidding planned in fall and construction planned for spring 2024.

B. Traffic Updates

1. Striping improvements on Delaware Ave between Almar Ave and Surfside Ave were completed the week of September 18th. Traffic speeds will be measured to determine effectiveness of treatments.

2. Traffic calming improvements are being designed for Almar Ave. However, no installation date is schedule yet.

3. Traffic data collection is being performed on Plateau Ave in response to requests by the neighbors. No traffic calming devices have been identified for installation.

13.4 4. The temporary traffic control plan for the closure on West Cliff Drive will include temporary speed humps on Pelton Ave and residential traffic restriction on Clark Ave in response to resident requests.

Regulatory and Planning Efforts
A. Local Coastal Program (LCP) Update
The Local Coastal Program (LCP) for the City of Santa Cruz provides specific goals, policies, and proposed implementation actions that govern land and water use within the City’s coastal zone. These goals, policies, and actions express the goals of the community and its visitors and are to be consistent with the California Coastal Act of 1976.

The City currently still uses the 1990-2005 General Plan and Local Coastal Program document adopted by the City in 1992 and certified by the Coastal Commission in 1994.

Since 1994, numerous amendments to the LCP have been adopted by the City and approved by the Coastal Commission. In addition, the General Plan was updated in October 2012 with City Council approval of the City of Santa Cruz General Plan 2030.

Given these changes, and the need to modernize with greater consideration for climate change impacts, coastal hazards, and adaptation strategies, the LCP is currently being updated. One new addition to the LCP, the Beaches and Bluffs Hazards and Adaptation Chapter, will be submitted to the Coastal Commission by early 2024 for certification.

Coordination with the Coastal Commission is underway now for that draft chapter. The rest of the updated LCP will be submitted to the Coastal Commission by the summer of 2024. In total, the LCP will include broad, General Plan-level guidance regarding land use activities in the Coastal Zone, and it will provide updated goals, policies, and actions that align with more specific activities in the coastal zone related to climate resiliency efforts, construction, access, and recreation.

B. “A Resilient West Cliff, Accessible to All Roadmap” – 3-year Post-recovery Farallon Strategies developed an updated draft of the “A Resilient West Cliff Accessible to All Roadmap” (Roadmap) with prioritization of projects and policies in the 3-year postdisaster time period. Developed through analysis of existing planning efforts, surveys, and community dialogues, this Roadmap aims to inform City decision-making and begin to present a vision for West Cliff in the long-term. As the community’s 50-year vision for West Cliff is developed, Farallon Strategies will update the Roadmap to include the prioritization of policies and projects out through the multi-decadal time frame the City is building around the Vision, leveraging an adaptation pathways approach, in year four and beyond.

Over the last decade, the City developed a comprehensive understanding of coastal impacts due to climate change under different scenarios along its coastline through the development of numerous studies and plans, such as the West Cliff Drive Adaptation and Management Plan. Community members, businesses, and coastal managers have come together to guide the City in an increasingly comprehensive effort to plan for, and act to build the resilience of the community, as well as maintain access to the recreational activities West Cliff provides.

Recent storm events have highlighted the need for a longer-term vision to guide efforts plans, policies, projects, and programs being applied along West Cliff towards a common outcome.

13.5 C. 50-year Vision
At the May 23, 2023 Council meeting, Council directed staff to prepare a 50-year Vision (Vision) for West Cliff. In order to develop the Vision, Farallon Strategies and City staff have been working on the scope and engagement activities necessary to develop the Vision in an efficient and impactful way. As a result, planned outreach activities for the next four months will develop the narrative Vision in partnership with the community. The Vision will describe the community’s desired future for West Cliff in 50 years. “A Resilient West Cliff, Accessible to All Roadmap”, will serve as a companion document to the Vision, prioritizing policies and projects in line with the direction of the Vision.

To inform the development of the Vision in a timely manner, the City Manager’s Office and Farallon Strategies also developed a structure for a focus group of community representatives (Focus Group) to provide an added layer of feedback on the Vision, in addition to the outreach events planned for fall. The focus group contains eleven representatives from the community and City staff including: Julianna deNike, Emily Coonerty, Nathan Nguyen, Tony Elliot, Hilary Bryant, Donna Meyers, Ross Clark, Darren Pond, Jonah Chizinsky, Ron Goodman, and Abi Mustapha. City Manager’s Office personnel and Farallon will staff and facilitate the Focus Group.

As part of the Vision work, staff has moved forward with single sourcing this next phase of West Cliff work to Farallon Strategies due to their extensive and deep understanding of West Cliff and to leverage all of the previous foundational work so that is grown and extended to the 50-year vision. Council action is not needed due to the contract amount being under the threshold for Council required approval.

D. Interagency Coordination
In March, 2023, City staff worked together with Farallon Strategies to develop a proposal to the Silver Jackets to request a state and federal interagency response to the opportunities to support a long-term coast using nature-based recovery along West Cliff. The project is called the Santa Cruz Coastal Adaptation and Resilience Initiative (CARI). At the May 23, 2023 City Council meeting, the City Council provided direction to City staff to establish a state and federal interagency working group to support recovery and long-term resilience along the Santa Cruz coast. City and Farallon Strategies staff engaged with numerous state and federal officials to determine opportunities to engage. Aligning these two efforts thus emerged as a priority pathway to establishing a robust interagency coordination solution.

Over the summer, the CARI was reviewed, along with applications from around the United States, by an interagency review panel and was prioritized for funding. The funding will support budget within the state and federal interagency to support the City on long-term visioning and recovery efforts prioritizing nature-based solutions. Starting in 2024, the Silver Jackets will host community conversations, bring topical experts to speak and work with the City on nature-based solutions, and bring forward opportunities to engage on funding and policy initiatives that could bring additional resources to Santa Cruz and the Monterey Bay Area.

The Santa Cruz CARI project would convene local (city and county); state (California Department of Water Resources - DWR, California Office of Emergency Services - CalOES, California Coastal Commission - CCC, California Coastal Conservancy, and other relevant

13.6 state agencies); and federal partners including the Federal Emergency Management Agency (FEMA), Housing and Urban Development (HUD), Economic Development Agency (EDA), Environmental Protection Agency (EPA), and other relevant federal agencies, to collaboratively further the City of Santa Cruz long-term coastal adaptation efforts outlined in City plans, the Roadmap, and the Vision. Through a series of charrettes, the process will develop a whole-of-government strategy to answer priority long-term adaptation questions.

Outcomes of the interagency coordination support will be a report outlining how a shared understanding of the sea level rise and coastal flooding threats and options for reducing risk and maintaining an accessible and resilient waterfront.

Funding
Staff will report back to Council the results of the in-process applications outlined in the Background section as well as the above discussed Silver Jackets efforts. Additionally, staff continue to pursue grant and collaboration opportunities for all aspects of West Cliff work.

Regarding FHWA funding, the City recently received notice that FHWA has approved $11.5 million in emergency funding to repair the Bethany Curve culvert (see Infrastructure above for more details).

FISCAL IMPACT: None.

Prepared By:

Kevin Crossley
Assistant Director of Public
Works
Matt Starkey
Transportation Manager
Laura Schmidt
Assistant City Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

13.7 1
Rosemary Balsley
From: Nadene Thorne <[email protected]>
Sent: Sunday, September 24, 2023 6:37 PM
To: City Council
Subject: West Cliff Drive Repairs/Public Access
City Councilmembers,
I'm glad we have a plan to protect West Cliff Drive from further loss during future storms and cliff sloughing, however, I am strongly in favor of your reconsidering your vote to allow 2‐lane car traffic along that stretch of the roadway.

I'm sure you had many complaints from folks living on nearby streets about the increased traffic, but of course they knew how close they were to the coast when they bought there.  Given the hazards that attempting to squeeze the many bikers and walkers into such close proximity with 2 lanes of cars, it seems to me that you should use this opportunity to widen the pedestrian lane and detour local traffic off the scenic byway.

I have given up bike riding as well as walking my dog along West Cliff Drive due to the crunch of other walkers, strollers, bike riders of all speeds, and dogs along that pathway adjacent to the cliff ‐ TOO CROWDED!  140 letters requesting a wider pedestrian lane seems as though it should have been more convincing to you.

I hope you haven't done a mental calculation along the lines of how many reliable voters live along the streets complaining of increased car traffic, as opposed to an unknown number of voters using the walk/bikeway along West Cliff, and made your decision on a personal re‐electability quotient?  Some of us voters were hoping you were committed to deciding what would be best for the most, not on what you thought would get you re‐elected ‐ clearly, in Santa Cruz, NOT the same thing! Nadene Thorne
140 Averitt St.

Santa Cruz 95060

13.8 1
Rosemary Balsley
From: amelia conlen <[email protected]>
Sent: Monday, September 25, 2023 4:37 PM
To: City Council
Subject: Item 13 on 9/26 Council agenda
Attachments: 9.25.23 BikeSantaCruzCounty_West Cliff (1).pdf Hello,
Please see attached for a letter from Bike Santa Cruz County on Item 13 on tomorrow's Council agenda.

Thank you,
Amelia Conlen

13.9 September 25th, 2023
Dear Mayor Keeley and Council members,
We appreciate the time that you have taken to meet with us and hear the perspective of people who have welcomed having more space for walking and biking due to storm impacts. As you consider the 50-year vision for West Cliff, we urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive.

We see many benefits to this design:
● Increased comfort and safety for everyone on West Cliff, whether they are walking, biking, or driving. The increasing popularity of e-bikes makes it even more important to provide adequate space for both bikes and pedestrians.
● By conducting a pilot of one-way traffic after the Bethany Curve culvert is reopened, car traffic would be funneled to Natural Bridges Drive and Mission Street instead of small neighborhood streets. We hear the concerns from neighbors and would advocate for a one-way to be accompanied by traffic calming on Delaware Ave and other neighborhood streets.
● Visitors to Santa Cruz County will always flock to West Cliff, and we have an opportunity to manage that traffic and encourage more biking and walking trips. Adding options for visitors to park and walk or rent a bike instead of driving West Cliff could be part of a long-term strategy. The rise of e-bikes and BCycle bike share makes this an option for many more people.

We look forward to participating in the upcoming public outreach opportunities. We also know that participation in public meetings is slanted towards people with the time and resources to attend, which often leads to input that does not reflect the community as a whole. As you consider the 50-year vision, we urge you to find ways to hear from more community members through polling, mailers, and other methods to increase representation from everyone in Santa Cruz in this important community conversation.

Sincerely,
Amelia Conlen
Bike Santa Cruz County Board Chair

13.10 Updates on:
• A Resilient West Cliff,
Accessible for All Roadmap
• Other West Cliff Work
• 50-year Vision Next Steps

13.11 Agenda
• Recap of Roadmap Work
• Other Updates
 Interagency Collaboration
 Public Works
 Local Coastal Program
• 50-year Vision

13.12 Roadmap - Evaluation
• Evaluated over 28 planning documents
to review policies and projects spanning
a 0-3 year timeframe.
• Collaborated closely with City staff to
assess and evaluate various projects.
• Concurrent with the development of the
50-year Vision, year 4+ projects will be
evaluated and prioritized to align with
the Vision

13.13 Roadmap - Outreach
• Conducted four outreach meetings engaging the
public to gather valuable feedback on priority
projects

13.14 West Cliff Roadmap

13.15 Interagency Progress

13.16 Silver Jackets Update
City awarded support to convene local (City and County), State (DWR, CalOES, Coastal Commission, Coastal
Conservancy, and other relevant State agencies), and
federal partners (FEMA, HUD, EDA, EPA, FHWA, and
other relevant federal agencies) to collaboratively further the City’s long-term coastal adaptation efforts.

13.17 Public Works Update
Infill Walls
• Granite Construction
• Install protections by Winter 2023
• Close Clark for local traffic only through
construction
• Provide extra speed humps on Pelton through
construction
Bethany Curve Culvert
• $10,500,000 FHWA funding approved
• Spring to Summer 2024

13.18 Local Coastal Program
Update
• Late 2023/Early 2024:

Beaches and Bluffs Hazards
and Adaptation Chapter to
PC/CC
• Summer-2024: Remaining
chapters to PC/CC

13.19 Transition to Vision: August Council Study Session What headlines do you envision for the
Santa Cruz coastline in the next 50 years?

13.20 Roadmap and 50-Year Vision

13.21 Purpose of 50-Year Vision
• To clarify what the community would like West Cliff to look like in 50 years, and
• To identify scientific, regulatory, and environmental considerations that must be accounted for, so the City has a community-based vision to strive toward, while balancing and prioritizing project and planning efforts.

13.22 West Cliff Focus Group
The purpose of the focus
group is to provide
recommendations to the City
Manager about the content of
the 50-year vision for West
Cliff.

13.23 Next Steps
2022 Income
Focus
Group #1
50-year
Vision
Workshop
Focus
Group #2
50-year
Vision
Workshop
50-year
Vision
Workshop
Focus
Group #4
Staff Study
Session
Focus
Group #5
Focus
Group #6
Focus
Group #3
Council
Meeting
Council
Meeting
Council
Meeting
Council
Meeting
Council
Meeting
Council
Meeting
Sept October November Dec
2nd Mtg
in Jan -
Council
Meeting
Jan

13.24 Thank you
For other questions, please contact:

Erika Smart
[email protected]

13.25 14.1

14.2