Santa Cruz City Council
October 10, 2023

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

CITY COUNCIL AGENDA
Regular Meeting - October 10, 2023
Updated October 9, 2023 – Item 19
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:15 P.M. ANNUAL MEETING OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL

DEVELOPMENT AUTHORITY (IDA), ZOOM/COUNCIL CHAMBERS
AROUND 1:20 P.M. ANNUAL MEETING OF THE BOARD OF DIRECTORS OF THE SANTA

CRUZ PUBLIC IMPROVEMENT FINANCING CORPORATION (SCPIFC),

ZOOM/COUNCIL CHAMBERS
AROUND 1:25 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC

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

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, October 9th
October 10, 2023 City Council 2
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, October 8th by emailing the Mayor and the City Clerk.

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

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

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

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

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

Closed Session
1:00 PM
Closed Session

1. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) October 10, 2023 City Council 3
1:15 PM
Annual Meeting of the Board of Directors of the Industrial Development Authority (IDA)
PLEASE NOTE: City Councilmembers serve as Boardmembers for the City’s Industrial Development Authority (IDA) and Santa Cruz Public Improvement Financing Corporation (SCPIFC). The boards were created for the purpose of providing the City an instrument to issue bonds. Annually, while the bonds are in existence, the Boardmembers are legally required to hold a meeting of the IDA and SCPIFC. The meetings are procedural and for the purpose of approving Minutes and electing new Boardmembers.

Call to Order
Roll Call
General Business

2. Election of Officers
Motion to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:

Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
President: Mayor Keeley
Vice President: Vice Mayor Golder
Secretary/Treasurer: City Clerk Administrator B. Bush

3. Minutes of the October 11, 2022 Industrial Development Authority (IDA) Motion to approve as submitted.

Adjournment
October 10, 2023 City Council 4
At or Around 1:20 PM
Annual Meeting of the Board of Directors of the Santa Cruz Public Improvement Financing Corporation (SCPIFC)
PLEASE NOTE: City Councilmembers serve as Boardmembers for the City’s Industrial Development Authority (IDA) and Santa Cruz Public Improvement Financing Corporation (SCPIFC). The boards were created for the purpose of providing the City an instrument to issue bonds. Annually, while the bonds are in existence, the Boardmembers are legally required to hold a meeting of the IDA and SCPIFC. The meetings are procedural and for the purpose of approving Minutes and electing new Boardmembers.

Call to Order
Roll Call
General Business

4. Election of Officers
Motion to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:

Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
President: Mayor Keeley
Vice President: Vice Mayor Golder
Secretary/Treasurer: City Clerk Administrator B. Bush

5. Minutes of the October 11, 2022 Santa Cruz Public Improvement Finance Corporation (SCPIFC)
Motion to approve as submitted.

Adjournment
October 10, 2023 City Council 5
At or Around 1:25 PM
City Council
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
Presentation

6. Fire Prevention Week: October 8 - October 14, 2023
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

October 10, 2023 City Council 6
Consent Agenda

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

9. Minutes of the September 26, 2023 City Council Meeting (CC) Motion to approve as submitted.

10. Resolution Ratifying Identifying Authorized Agents (FN) Resolution identifying authorized agents on behalf of the City of Santa Cruz who are authorized by the City Council to engage with the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) regarding grants that have been applied for.

11. Contract Amendment for Kimley-Horn & Associates for Professional Consultant Services Related to the Housing Element Update, Including but Not Limited to Addressing Additional Comments from the State Department of Housing and Community Development on the Draft Housing Element and Additional Work to Update the Safety Element of the General Plan through Adoption of the Housing Element (PL) Motion accepting the report and authorizing the City Manager to execute a contract amendment, in a form approved by the City Attorney, with Kimley-Horn Associates in an amount not to exceed $31,139, based on the attached scope of work and budget.

October 10, 2023 City Council 7
Consent Agenda (continued)

12. 2023 Traffic Signal Interconnect Improvement Agreement (c401602) (PW)
Motion to:
1) Adopt a resolution approving the 2023 Traffic Signal Interconnect Improvement Agreement and authorizing the City Manager to execute said agreement and any amendments in a form acceptable to the City Attorney with the County of Santa Cruz Department of Community Development and Infrastructure, and
2) Adopt a resolution granting a regular encroachment permit to the County of Santa Cruz Department of Community Development and Infrastructure for installation and maintenance of fiber optic cable in various streets within the City’s right-of-way.

13. Grinding Service for Green Waste, Wood Waste, and Construction and Demolition Material – Award Contract (PW)
Motion to accept the change order from Vision Recycling (Fremont, CA) for additional grinding service for green waste, wood waste, and construction and demolition material in the amount of $87,800, for a total contract amount of $170,727. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

14. Bay Drive Protected Bike Lanes and Pedestrian Path (c402304) – Reject All Bids (PW)
Motion to reject all bids for the Bay Drive Protected Bike Lanes and Pedestrian Path (c402304).

October 10, 2023 City Council 8
Consent Agenda (continued)

15. Caltrans Sustainable Transportation Planning Grant Award - Active Transportation Plan Update (PW)
Motion to:
1) Adopt a resolution authorizing the City Manager to execute agreements with the California Department of Transportation for the City of Santa Cruz Active Transportation Plan Update, and 2) Adopt a resolution amending the FY 2024 budget and appropriating funds in the amount of $434,850 to fully fund the Active Transportation Plan Update (c402408).

16. Water Supply Augmentation Planning (WT)
Motion authorizing the City Manager to execute the Fifth Amendment to the Professional Services Agreement for Phase 2 Recycled Water Facility Study/Water Supply Augmentation Implementation Plan in the amount of $388,146 with Kennedy Jenks (San Francisco, CA) in a form to be approved by the City Attorney.

17. Loch Lomond Recreation Area Fees (WT)
Resolution revising the Loch Lomond Recreation Area fee schedule and rescinding Resolution No. NS-29,482.

End Consent Agenda
October 10, 2023 City Council 9
Public Hearing

18. 925 Windsor Street: CP22-0114 (APN 011-073-13) Appeal of the Planning Commission Approval of the Development Proposal at 925 Windsor Street Involving a Residential Demolition Authorization Permit and a Large Home Design Permit to Demolish a Single-Family Home on a Site with an Existing Accessory Dwelling Unit in the R-1-5 (Single Family Residential) Zone District. Environmental Determination:

Categorical Exemption. Owner: Justin and Hart Walsh. (PL) Resolution to deny the appeal and uphold the Planning Commission’s acknowledgment of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Residential Demolition Authorization Permit and Large Home Design Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.”
General Business
The below item is continued to the November 14, 2023 Council meeting.

19. An Ordinance Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Introduce for publication an ordinance adding Chapter 5.11 to the Santa Cruz Municipal Code to require delivery companies to offer a tipping option to residential delivery customers.

Adjournment

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – OCTOBER 10, 2023

20. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of August 31, 2023 - 9/18/23 (FNFYI 374) October 10, 2023 City Council 10

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – OCTOBER 10, 2023

21. Proclaiming September 29, 2023 as “The Lost Boys Day” and encouraging all citizens to join in this observance.

22. Proclaiming the week of September 22–October 1, 2023 as “Drive Electric Week” and encouraging all citizens to participate in the Electric Vehicle Association of Central Coast California’s event, explore sustainable transportation options, and learn about energy-efficient living spaces.

23. Proclaiming November 1, 2023 as “Extra Mile Day” and urging each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place.

24. Proclaiming October 7, 2023 as “Ageism Awareness Day” and encouraging all citizens to prevent ageism and recognize older adults for their unparalleled value to our community, thereby improving their quality of life.

October 10, 2023 City Council 11
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 Water Commission One opening – to be appointed by Vice
Mayor Golder
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.

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

MINUTES OF THE ANNUAL MEETING OF THE

BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY October 11, 2022
3:30 PM
Call to Order – at 3:30 p.m.

Roll Call

Present: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers (via Zoom); Vice Chair Watkins; Chair Brunner.

Absent: None.

General Business

4. Election of Officers
MOTION: Director Golder moved, seconded by Director Brown, to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:

Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
Chair: Mayor Brunner
Vice Chair: Vice Mayor Watkins
Secretary/Treasurer: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.

AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Chair Watkins; Chair Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

3.1 INDUSTRIAL DEVELOPMENT AUTHORITY 2

ANNUAL BOARD OF DIRECTORS MEETING MINUTES
General Business (continued)

5. Minutes of the October 12, 2021 Industrial Development Authority (IDA) Chair Brunner opened the public comment period. There were no speakers.

Chair Brunner closed the public comment period.

MOTION: Director Brown moved, seconded by Director Golder, to approve as submitted.

ACTION: The motion carried unanimously with the following vote.

AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Chair Watkins; Chair Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The Industrial Development Authority adjourned at 3:35 p.m.

Respectfully Submitted,
Bonnie Bush, Secretary

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

MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF

THE SANTA CRUZ PUBLIC IMPROVEMENT FINANCING CORPORATION October 11, 2022
At or around 3:35 PM
Call to Order – at 3:35 p.m.

Roll Call

Present: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers (via Zoom); Vice President Watkins; President Brunner.

Absent: None.

General Business

6. Election of Officers
MOTION: Director Watkins moved, seconded by Director Cummings, to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:

Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
President: Mayor Brunner
Vice President: Vice Mayor Watkins
Secretary/Treasurer: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.

AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice President Watkins; President Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

5.1 SANTA CRUZ PUBLIC IMPROVEMENT FINANCING CORPORATION 2

ANNUAL BOARD OF DIRECTORS MEETING MINUTES
October 11, 2022
General Business (continued)

7. Minutes of the October 12, 2021 Santa Cruz Public Improvement Finance Corporation (SCPIFC)
President Brunner opened the public comment period. There were no speakers. President Brunner closed the public comment period.

MOTION: Director Meyers moved, seconded by Director Cummings, to approve as submitted.

ACTION: The motion carried unanimously with the following vote.

AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice President Watkins; President Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The Santa Cruz Public Improvement Financing Corporation adjourned at 3:39 p.m.

Respectfully Submitted,
Bonnie Bush, Secretary/Treasurer

5.2 - Rob Oatey, Fire Chief

6.1 Objectives:
 Fire Prevention Practices
 Emergency Preparedness

6.2 Fire Prevention Week
October 8th
– 14th, 2023

6.3 History of Fire Prevention Week
◼ Marks the anniversary of the Great Chicago
fire of October 8-9, 1871
◼ Since 1922, National Fire Protection Agency
(NFPA) has sponsored public observance of
Fire Prevention Week.
◼ In 1925 President Calvin Coolidge declared
Fire Prevention Week an official national
observance

6.4 History of Fire Prevention Week
◼ Observed annually on the Sunday through
Saturday containing October 9th anniversary
of the Chicago Fire
◼ Focus on fire safety awareness, sponsored by
NFPA

6.5 Fire Prevention Week - 2023
Theme 2023

6.6 Fire Prevention Week - 2023
“Cooking safety starts with YOU”
◼ Cook with Caution
▪ Be on alert
▪ Stay in the kitchen while you are frying,
boiling, grilling or broiling food
▪ If you are simmering, baking, or roasting
food check it regularly, remain in the home
and use a timer
▪ Keep anything that can catch on fire away
from your stovetop

6.7 Fire Prevention Week - 2023
“Cooking safety starts with YOU”
◼ IF there is a small grease cooking fire
▪ On the stovetop
▪ Slide lid over the pan, turn off the burner
▪ Leave pan until it is completely cooled
▪ Oven Fire
▪ Turn off heat, keep the door closed
◼ If any doubt
▪ Just get out, Call 911

6.8 Fire Prevention Week - 2023
“Cooking safety starts with YOU”
◼ Have a Kid Free Zone
▪ At least 3 feet around stove and areas
where hot food or drinks are prepared
◼ Electrical Cooking Appliance Safety
▪ Always use cooking equipment that is listed
by a qualified testing laboratory (UL)
▪ Follow manufacturer’s instructions
▪ Unplug when not is use
▪ Check cords regularly for damage

6.9 Fire Prevention Week - 2023
“Cooking safety starts with YOU”

6.10 Emergency Preparation
Make yourself and your family prepared for ANYTHING

6.11 Emergency Preparedness

6.12 Emergency Preparedness

6.13 Emergency Preparedness

6.14 Emergency Preparedness

6.15 Emergency Preparedness
 Create/join a neighborhood Firewise group
 Create/join a local Community Emergency Response Team (CERT)
 Sign up for notification service (Cruz Aware)
 Develop an evacuation plan
 Develop a family communication plan (single point of
contact)
 Evaluate your home/property for potential hazards and utility controls
 Create a “GO Bag” for home, office, car(s) (i.e. first aid kit, clothes, medications, documents, food/water, flashlight, AM/FM radio)

6.16 Cruz Aware
Sign up for alerts by visiting
http://www.cityofsantacruz.com/government/citydepartments/fire-department

6.17 Firewise

6.18 Questions

6.19 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 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 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

7.1 City Council

AGENDA REPORT
DATE: 09/21/2023
AGENDA OF: 10/10/2023
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

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

At its regular meetings on January 24, 2023, March 14, 2023, May 9, 2023, June 27, 2023, and August 22, 2023, the Council adopted Resolution Nos. NS-30,095, NS-30,116, NS-30,145, NS30,166, and NS-30,187, further extending the declaration of emergency by 60 days.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the December 2022 and January 2023 winter storms emergency by an additional 60 days, to December 9, 2023.

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

8.1 Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

8.2 RESOLUTION NO. NS-XX,XXX

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

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

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

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

NS-30,085 declaring the existence of a State of Emergency in connection with the December 2022 and January 2023 winter storms, confirming the January 4, 2023 Emergency Proclamation by the Director of Emergency Services; and WHEREAS, at its regular meetings on January 24, 2023, March 14, 2023, May 9, 2023, June 27, 2023, and August 22, 2023, the Council adopted Resolution Nos. NS-30,095, NS-30,116, NS-30,145, NS-30,166, and NS-30,187, further extending the declaration of emergency by 60 days; and
WHEREAS, damage to City infrastructure from the December 2022 and January 2023 winter storms is extensive and as a result, the City’s emergency response to the December 2022 and January 2023 winter storms will likely be ongoing.

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

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, and extended on January 24, 2023 by Resolution NS-30,095, on March 14, 2023 by Resolution NS-30,116, on May 9, 2023 by Resolution NS-30,145,on June 27, 2023 by Resolution NS-30,166, and on August 22, 2023 by Resolution NS-30,187 shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 10th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

8.4 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 26, 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, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, 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. There were no speakers. Mayor Keeley closed the public comment period at 1:03 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Closed Session

1. Conference With 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
Council received a status report, took up under agenda item 7, and took no reportable action.

9.1 September 26, 2023 CITY COUNCIL MINUTES 6573
Closed Session (continued)

2. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) Council received a status report, and took no reportable action.

9.2 September 26, 2023 CITY COUNCIL MINUTES 6574
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
September 26, 2023
1:45 PM
Call to Order – Mayor Keeley called the meeting to order at 1:53 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Parks and Recreation T. Elliot, Director of Public Works N. Nguyen, Director of Economic Development and Housing B. Lipscomb, Director of Planning and Community Development L. Butler, Deputy City Manager L. Murphy (via Zoom), Chief of Fire R. Oatey (via Zoom), Laboratory and Environmental Compliance Manager A. Babatola, Assistant City Attorney C. Bronson, Superintendent of Parks T. Beck, Economic Development Manager R. Unitt, Communications Manager E. Smart, Deputy City Clerk Administrator J.

Wood, City Clerk Administrator B. Bush.

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

Oral Communications
At 1:55 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.

Becky Steinbruner spoke regarding a group she’s been following called Catalysts for Local Control who are trying to address some of the problems with the 6th Cycle RHNA numbers, asking Council to check out the group and providing their meeting details.

9.3 September 26, 2023 CITY COUNCIL MINUTES 6575
Oral Communications (continued)
Rachel Sotos spoke regarding a comment she made at the September 12, 2023 City Council meeting and wanted to clarify that she was suggesting Council form a Truth Commission, with “truth” being the operative word, and with a required attitude of skepticism.

James Ewing Whitman spoke regarding a magazine with 13 articles related to rescuing children and referenced a specific incident that happened on June 28, 2021, involving Santa Cruz Police, and asked Council to review a 6-minute YouTube video regarding this.

Garrett spoke regarding the bridge marker on the Water Street Bridge, stating there is no specific evidence of racial terrorism.

Gillian Greensite spoke regarding the ability of the public to be able to hear what is being said from the dais and asked that staff and Commissioners who serve on advisory bodies be reminded to speak directly into microphones.

At 2:06 p.m. Mayor Keeley closed Oral Communications.

Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from item 12 as this item has an impact on her employer, the Downtown Association.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6572—6573 for the report.

Council Meeting Calendar

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

9.4 September 26, 2023 CITY COUNCIL MINUTES 6576
Consent Agenda
Councilmember Brunner requested to amend item 5 to reflect Rachel Sotos’ comment during Oral Communications at the September 12, 2023 City Council meeting as follows:

Rachel Sotos spoke asking Council to establish a Truth and Reconciliation Commission that studies impacts during Covid, and the Federalist Magazine, “Renewed Hysteria Shows Why We Need a COVID Commission” to ensure Americans won’t repeat the same mistake.

City Clerk Administrator B. Bush clarified that staff will review the recording and edit the minutes.

Councilmember Kalantari-Johnson pulled item 8 for further discussion.

Councilmember Brown pulled item 4 for further discission.

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

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

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.

4. Resolution Updating the City of Santa Cruz Bail Schedule (CA) Assistant City Attorney C. Bronson and City Attorney T. Condotti 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 Vice Mayor Golder, to adopt Resolution No. NS-30,204 adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.

9.5 September 26, 2023 CITY COUNCIL MINUTES 6577
At this time, Mayor Keeley reordered the agenda to hear item 8 first, then returned to item 4.

Consent Agenda (continued)

4. Resolution Updating the City of Santa Cruz Bail Schedule (CA) (continued) ACTION: The motion carried with the following vote.

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

NOES: Councilmember Brown.

ABSENT: None.

DISQUALIFIED: None.

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

6. Amendments to Extend the Term of the Ground Lease, Temporary Arena Lease and the Loan Agreement for the Kaiser Permanente Arena (ED) Motion carried 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 carried to reject the liability claims of 1) Michael Lewis Sweatt, and 2) Andre Deladier Almeida, based on staff recommendation.

9.6 September 26, 2023 CITY COUNCIL MINUTES 6578
Consent Agenda (continued)

8. Side Letters of Agreement with Service Employees International Union and Supervisory OE3 - Duty Assignment and Shift Differential for Lone Operators Changes (HR)
Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
Rome Norman
Chris Coburn
Larson Graff
Mayor Keeley closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to:
 Adopt Resolution No. NS-30,205 approving a Side Letter of Agreement with the Santa Cruz Service Employees of the Service Employees International Union, Local 521, and
 Adopt Resolution No. NS-30,206 approving a Side Letter of Agreement with the Supervisory, Operating Engineers Local #3.

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.

9. Water Service for APN 068-121-27, Branciforte Drive, Santa Cruz CA 95065 (WT) Motion carried 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

9.7 September 26, 2023 CITY COUNCIL MINUTES 6579
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)
Laboratory and Environmental Compliance Manager A. Babatola responded to Council questions.

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

Becky Steinbruner
James Ewing Whitman
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to adopt Ordinance No. 2023-10 amending Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on 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.

9.8 September 26, 2023 CITY COUNCIL MINUTES 6580
Public Hearings (continued)

11. Tree Permit Appeal 339 Walnut Avenue (PR)
Superintendent of Parks T. Beck gave a presentation and responded to Council questions.

Appellant Keelan Franzen spoke regarding this item.

Applicant Mary Martyr spoke regarding this item and responded to Council questions.

Director of Public Works N. Nguyen responded to Council questions.

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

Unidentified person
Veronica Elsea
Gillian Greensite
Jacob Pollock
Annika Mancini
Dana Bagshaw
Izzy
Ian Johnson
Emily Love
Harrison MacDonald
Becky Steinbruner
Oakley Usat
Deborah [last name unintelligible]
Mayor Keeley closed the public comment period.

Appellant Keelan Franzen provided a rebuttal.

MOTION: Councilmember Newsome moved, seconded by Mayor Keeley, to adopt a 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.

9.9 September 26, 2023 CITY COUNCIL MINUTES 6581
Public Hearings (continued)

11. Tree Permit Appeal 339 Walnut Avenue (PR) (continued) SUBSTITUTE MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to:
 Continue the appeal hearing of 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 to a future meeting, and
 Direct staff to conduct additional analysis and explore alternatives to tree removal, and to return to Council with potential mitigation measures, a cost estimate for sidewalk repair, and possible budget adjustment.

FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to add direction to staff to explore options for prioritizing fixing the impacted sidewalk. Councilmember Brown accepted.

ACTION: The motion to accept the substitute motion carried with the following vote.

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

NOES: Councilmembers Newsome, Watkins.

ABSENT: None.

DISQUALIFIED: None.

ACTION: The substitute motion carried with the following vote.

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

NOES: Councilmember Watkins.

ABSENT: None.

DISQUALIFIED: None.

9.10 September 26, 2023 CITY COUNCIL MINUTES 6582
At this time, Councilmember Brunner recused herself and left the dais.

Public Hearings (continued)

12. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Economic Development Manager R. Unitt spoke.

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

Jacki Truhitte
Robert
Unidentified person
Mayor Keeley closed the public comment period.

At this time, Council took a break for City Clerk Administrator B. Bush to count the ballots that were returned.

Economic Development Manager R. Unitt reported that the City did not receive a majority of ballots in opposition to the proposed assessments; therefore, they passed.

MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
 Adopt Resolution No. NS-30,207 confirming the Downtown Association updated FY 2024 Annual Plan and levying an increased Downtown Parking and Business Improvement Assessment for FY 2024; and
 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.

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.

9.11 September 26, 2023 CITY COUNCIL MINUTES 6583
General Business

13. West Cliff Update, including Infrastructure, Transportation, Regulatory Planning, and Roadmap Development (CM/PW)
Director of Public Works N. Nguyen and Assistant City Manager L. Schmidt introduced the item.

Michael McCormick, President, Farallon Strategies, Director of Public Works N.

Nguyen, and Director of Planning and Community Development L. Butler gave a presentation and responded to Council questions.

Assistant City Manager L. Schmidt responded to Council questions.

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

Robert
Garrett
Gillian Greensite
Unidentified person
Kim Stoner
Unidentified person
Elise Casby
Mayor Keeley closed the public comment period.

Communications Manager E. Smart responded to Council questions.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 7:17 p.m.

9.12 September 26, 2023 CITY COUNCIL MINUTES 6584
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

9.13 City Council

AGENDA REPORT
DATE: 09/20/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Finance
SUBJECT: Resolution Ratifying Identifying Authorized Agents (FN) RECOMMENDATION: Resolution identifying authorized agents on behalf of the City of Santa Cruz who are authorized by the City Council to engage with the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) regarding grants that have been applied for.

BACKGROUND: The City of Santa Cruz was affected by the severe weather and rainstorms in 2023 causing significant damage to its roadways, river levees, Municipal Wharf and main water supply systems.

As a result, the Director of Emergency Services (Director) of the City of Santa Cruz, City Manager Matt Huffaker, proclaimed a local emergency due to the damage to said infrastructure.

The Director, in proclaiming a local emergency, found that conditions of extreme peril to the safety of persons and property had arisen within the City, necessitating a proclamation of a local emergency. The City of Santa Cruz then activated and staffed its Emergency Operations Center.

In February Council approved a resolution identifying authorized agents who can sign documents on behalf of the City of Santa Cruz to execute State and Federal grants for disaster relief. The current authorized agents were listed by name and title Paul Horvat, OES/Admin Manager, Rob Oatey, Fire Chief, and Matt Huffaker, City Manager. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

DISCUSSION: Staff is recommending that a new resolution be adopted that identifies authorized agents by title only and adding the Director of Finance/Assistant Director of Finance titles. This ensures that there is redundancy in filling this role during emergencies and through position vacancies.

The Cal OES 130 Form if adopted by City Council today will be applicable for all current and future FEMA and Cal OES declared disasters up to three (3) years. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

City Council designates its authorized agents by title only to be:

10.1 - City Manager
- Fire Chief / Emergency Services / Administrative Manager - Director of Finance / Assistant Director of Finance
FISCAL IMPACT: There is no fiscal impact associated with the approval of authorized agents.

However, Cal OES and FEMA are coordinating disaster recovery assistance from the January 2023 storm events DR-4683, and the March 2023 storm events DR-4699. The estimated damage to the City of Santa Cruz infrastructure during the January rainstorms will be reimbursed by Cal OES and FEMA at a combined rate of 93¾%, and the City is responsible for the remaining 6¼%.

Prepared By:

Marisol Gómez
Assistant Director of Finance
Submitted By:

Elizabeth Cabell
Director of Finance
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. DESIGNATION-OF-APPLICANTS-AGENT-RESOLUTION-OES-FPD-130-REV.-

10.2022.PDF

10.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

THE AUTHORIZED AGENTS BY TITLE ONLY TO AUTHORIZE AND EXECUTE

CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES) AND FEDERAL

EMERGENCY MANAGEMENT AGENCY (FEMA) DOCUMENTS
WHEREAS, The State of California requires, as a condition of the California Disaster Assistance Act (CDAA), adoption of a local resolution designating certain individuals to act as authorized agents, and to submit the Designation of Applicant’s Agent resolution (exhibit A); and WHEREAS, these individuals are authorized to execute for and on behalf of the City of Santa Cruz, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining State and Federal financial assistance provided by Cal OES and FEMA, under the California Disaster Assistance (CDAA) and Stafford Acts; and WHEREAS, this universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution; and
WHEREAS, the authorized agent list adopted by Council on February 28, 2023 contained names and titles and a new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes; and WHEREAS, this resolution will supersede the prior; and
WHEREAS, is submitted as authorized agents by title only allows the document to remain valid if an authorized agent leaves the position and is replaced by another individual; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Cruz authorizes the City Manager, Fire Chief / Emergency Services / Administrative Manager, Director of Finance / Assistant Director of Finance by title only to hereby be designated as authorized agents for the City of Santa Cruz.

PASSED AND ADOPTED this 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

10.3 APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: __________________________
City Clerk Administrator

10.3 10.4

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 10.51 of 4 OES-FPD-130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 10.62 of 4 OES-FPD-130
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 10.73 of 4
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 10.8 OES-FPD-130
City Council

AGENDA REPORT
DATE: 09/20/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Planning and Community Development
SUBJECT: Contract Amendment for Kimley-Horn & Associates for Professional Consultant Services Related to the Housing Element Update, Including but Not Limited to Addressing Additional Comments from the State Department of Housing and Community Development on the Draft Housing Element and Additional Work to Update the Safety Element of the General Plan through Adoption of the Housing Element (PL) RECOMMENDATION: Motion accepting the report and authorizing the City Manager to execute a contract amendment, in a form approved by the City Attorney, with Kimley-Horn Associates in an amount not to exceed $31,139, based on the attached scope of work and budget.

BACKGROUND: In May of 2020, the City Council directed staff to apply for a Local Early Action Planning (LEAP) grant of $300,000, with the funds to be directed to consultants for help to complete the Housing Element Update and additional funds to be directed to the Downtown Plan Expansion project. The LEAP grant is administered by the California Department of Housing and Community Development (HCD). Staff received the full funding allocation of $300,000 in March 2021, and the City entered into a Memorandum of Understanding (MOU) with HCD that included $150,000 of the grant funding to be put towards the Housing Element Update and the other $150,000 for the Downtown Plan Expansion project.

Following staff review of consultant proposals and a Council recommendation, on June 14, 2022, Council directed the City Manager to execute a contract with Kimley Horn & Associates (KHA) in the amount of $260,769 for the Housing Element Update. At the time, it was assumed that the LEAP grant would still fund $150,000 of the contract while the delta of $110,769 would be paid for through the Advance Planning budget.

The Housing Element is reviewed by HCD for certification and KHA’s original Housing Element Update scope of work included two rounds of revisions based on comments received from HCD. The scope of work also included limited coordination with State agencies for review and revisions to the General Plan Safety Element because updating the Housing Element triggers amendments to the Safety Element and review by California Board of Forestry and Fire Protection. There will now be at least three rounds of revisions with HCD, and staff requested that KHA take on a greater role in State agency coordination. Given this, KHA is requesting a contract amendment to increase the amount by $39,139 for a total contract amount not to exceed $299,908. The attached contract amendment proposal from KHA includes a detailed scope of work.

11.1 DISCUSSION: In addition to the consultant contract amendment, staff is working with HCD to amend the LEAP grant MOU so that all $300,000 in grant funds will be dedicated to the Housing Element Update. Staff received support in writing from HCD regarding this amendment but has not yet submitted a formal amendment request. The amendment to the grant MOU does not require Council approval but does need to include the proposed amendment to the KHA contract and scope of work if approved by Council.

The amendment to the LEAP grant funding is mainly due to the consultant fees for the Housing Element Update now being the full grant amount. Additionally, it reflects changes in how staff seeks to fund parts of the Downtown Plan Expansion. The Downtown Plan Expansion was going to use half of the LEAP grant money to fund California Environmental Quality Act (CEQA) documentation. However, the Downtown Plan Expansion CEQA can be refunded by developers through a prorated development fee within the expansion area. Given that the City can receive reimbursement from developers for the Downtown Plan Expansion’s CEQA work, the $150,000 in state grant funding is better purposed towards the Housing Element.

Should the proposed contract amendment for KHA be approved by Council, staff will submit a formal MOU amendment to HCD so that all $300,000 in LEAP grant funds will be dedicated to the Housing Element Update. This is in keeping with Council’s original direction that the LEAP grant funds be directed to completing the Housing Element Update and any additional funds be directed to the Downtown Plan Expansion (which will now be no additional funds).

Based on the desire for additional services from KHA to complete the Housing Element Update, staff recommends that Council approve the $39,139 contract amendment. This would increase KHA’s not to exceed amount to $299,908, so the full amount of the contract can still be funded by the LEAP grant. This amendment will allow KHA to provide additional assistance in quickly revising the Housing Element Update based on HCD comments. The project is on a tight timeline because the Housing Element Update has a certification deadline of December 15, 2023, so it is important for the City to support the increased scope of consultant work to help meet that deadline.

Health in All Policies
The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of health, equity, and sustainability when reviewing projects and policy options. This contract amendment supports the completion of the Housing Element Update. This update includes numerous housing policies that further the City’s commitment to smart growth, support housing production at all affordability levels, preserve existing housing, and provide increased housing protections. Doing so significantly achieves HiAP’s health, equity, and sustainability goals.

ENVIRONMENTAL REVIEW: The amendment of the contract with KHA for Housing Element Update consultant services carries no environmental impact and is not a project under CEQA. The Housing Element Update, to be completed by KHA under this contract, will separately provide its own CEQA documentation.

FISCAL IMPACT: The amendment of the contract with KHA for Housing Element consultant services does not have a direct fiscal impact on the City. The LEAP grant will be funding the entire amount of the KHA contract including the proposed amendment. This amendment will aid

11.2 in completing the Housing Element Update in a timely manner. Certification of the Housing Element Update will have its own fiscal impacts related to state law requirements, housing development costs/fees, staff resources, and program funding.

The shifting of LEAP funds to fully cover the Housing Element instead of partially covering the Downtown Plan Expansion work has an indirect, long-term positive fiscal impact of up to $150,000. This is because the City’s direct costs towards the Downtown Plan Expansion can be reimbursed on a pro-rated basis, as development benefiting from the Expansion Plan work is constructed.

Prepared By:

Matt VanHua
Principal Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SANTA CRUZ CONTRACT AMENDMENT_7.27.23.PDF

11.3 kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 425.689.5064 AMENDMENT NUMBER 1

TO THE AGREEMENT BETWEEN

CITY OF SANTA CRUZ
AND
KIMLEY-HORN AND ASSOCIATES, INC.

AMENDMENT NUMBER 1 DATED July 27, 2023 to the agreement between the City of Santa Cruz, ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") per the contract agreement dated June 15, 2022 ("the Agreement") concerning the City of Santa Cruz Housing Element Update ("Project").

The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.

Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.

CLIENT: CONSULTANT:

CITY OF SANTA CRUZ KIMLEY-HORN AND ASSOCIATES, INC.

By: ______________________________ By: Ines Galmiche
Title: _____________________________ Title: Project Manager Date: _____________________________ Date: July 27, 2023 By: Jason Melchor (P.E. No. 65218)
Title: Associate
Date: July 27, 2023

11.4 kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 425.689.5064 This is Exhibit A to Amendment Number 1,
Dated July 27, 2023
This amendment modifies the existing Agreement to cover completed out-of-scope work within Task 6 and add additional services to be performed by Kimley-Horn as summarized below and in accordance with the terms of the original Agreement.

The change in fee described in the current executed Agreement shall be amended as follows:

Change Order for Completed Out-of-Scope Work
Task Number/Name Fee
Tasks to be Amended
Task 4. General Plan Consistency Amendments $8,675
Task 6. Draft Housing Element (completed out-of-scope work) $5,000 Tasks to be Added:

Task 9. HCD Revisions $23,600
Amendment Request $37,275
Direct Expense Allocation 5%
Total Amendment Request $39,139
The Scope of Services for the existing executed Agreement shall be amended to include the following tasks:

TASK 4. General Plan Consistency Amendments
The previously executed Scope of Services for this Task included a General Plan Consistency Memo that identifies sections of the City’s current General Plan requiring updates, including revised/added text, tables, maps, and figures. Upon further consultation with City staff, it was established that additional work is necessary to assist the City through review(s) with the California Department of Forestry and Fire Protection (“CAL FIRE”) and the California State Board of Forestry and Fire Protection (“Board”), as well as subsequent revisions following CAL FIRE, the Board, and City staff reviews. This Task amendment covers up to 6 hours of meetings, as well as subsequent revisions in order to assist the City with the Safety Element update through adoption of the Element. Kimley-Horn will get authorization from the Client before proceeding beyond the anticipated time. Any additional time will be considered an added service covered under a future amendment.

Task 4 Added Deliverables:
 Up to six (6) hours of meetings (attended virtually) with City staff, CAL FIRE, and the Board.  Revisions to the Safety Element update per review and coordination with City staff, CAL FIRE, and the Board.

TASK 9. HCD Revisions (new)
Kimley-Horn worked with City staff to prepare a Draft Housing Element between 2022 and 2023 which required further revisions and collaboration than originally scoped (under Task 6) in order to submit a first Draft to the State Department of Housing and Community Development (“HCD”) which identified the most feasible candidate sites, addressed all public comments, and included analysis foreseen to be requested by HCD based on experience with other jurisdictions. The level of revisions and work completed

11.5 kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 425.689.5064 exceeded the original scope. Task 9 includes two rounds of HCD review, including four total coordination calls with HCD and City staff and two Housing Element submittals to HCD; up to 8 hours of meetings included within this task. A third HCD review may potentially be needed but, as necessary, will be covered up to a maximum amount of $8,000 by the previously agreed upon Task 8 (Meetings and Project Management). Any subsequent deliverables or revisions will be considered out of scope and are subject to further authorization by the Client.

Task 9 Deliverables:
 Up to eight (8) hours of meetings (attended virtually) with City staff and HCD.  Two revised Housing Element submittals to HCD.

11.6 City Council

AGENDA REPORT
DATE: 09/21/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Public Works
SUBJECT: 2023 Traffic Signal Interconnect Improvement Agreement (c401602) (PW) RECOMMENDATION: Motion to:
1) Adopt a resolution approving the 2023 Traffic Signal Interconnect Improvement Agreement and authorizing the City Manager to execute said agreement and any amendments in a form acceptable to the City Attorney with the County of Santa Cruz Department of Community Development and Infrastructure, and
2) Adopt a resolution granting a regular encroachment permit to the County of Santa Cruz Department of Community Development and Infrastructure for installation and maintenance of fiber optic cable in various streets within the City’s right-of-way.

BACKGROUND: County Department of Community Development and Infrastructure (County), intends to improve multi-model transportation along the Soquel Avenue/Drive corridor in the County of Santa Cruz. The County portion of improvements include pavement resurfacing, traffic striping upgrades, traffic signal upgrades, and pedestrian facility upgrades. The improvements are referred to herein as the Soquel Drive Buffered Bike Lane & Congestion Mitigation Project (Project).

To gain remote access to the new traffic signal system, the County will need hardwired interconnect cables that run through PVC conduit from the County Building (701 Ocean St., Santa Cruz) to the intersection of Soquel Avenue and La Fonda Avenue. Currently, the County does not own any conduits for traffic signal interconnect within City’s right-of-way.

Over the past 8 years, the Public Works Department has upgraded the City’s traffic signal equipment at 28 intersections citywide. The equipment includes Trafficeware 980 ATC traffic signal controller and Gridsmart video detection system. The goals of procuring the traffic control equipment were to: 1) modernize and enhance the robustness of the traffic signal system and 2) improve traffic conditions along various corridors to reduce stop delay and thus, vehicle emissions.

The Trafficware controller and Gridsmart video camera include software that provide remote access to hardware system information, such as status, activity and device performance. The software is critical for Staff to quickly identify and resolve traffic signal hardware issues.

12.1 Remote access to the traffic signal equipment is achieved through hardwired copper cables that run through PVC conduit from City Hall to intersections throughout the city. However, currently there are intersections along Soquel Avenue and Water Street that do not have interconnect cables and cannot be remotely monitored or controlled.

Another proposed modernization to the signal controller network is to upgrade the existing copper cables to fiber optic cables. Fiber optic cable provides higher bandwidth and data transmission speeds, which will allow for equipment upgrades in the future.

DISCUSSION: Combining the traffic signal interconnect upgrade needs of both City and County into the same project will provide mutual benefit due to the economy of scale, reduced impacts to neighborhoods with a common project and cost savings through cost splitting for some bid items.

The City portion of improvements of the Project, named “Add Alternate 3,” and will install over 25,000 feet of fiber optic communications cable, over 3,000 feet of PVC conduit, pull boxes and appurtenances necessary to complete the Project.

The new traffic signal interconnect will be installed along the following streets:
- Water Street (Clock Tower to Seabright Avenue)
- Seabright Avenue (Water Street to Soquel Avenue)
- Soquel Avenue (Seabright Avenue to La Fonda Avenue)
Prior to construction, the City and County will need to enter into an agreement. The City, in coordination with County, has prepared an Agreement for the Add Alternate 3 work. The agreement is intended to establish the following:
- Requirements during construction
- Cost reimbursement
- Responsibilities regarding ownership, operations and maintenance - Regular Encroachment Permit requirements
The County will apply for a Regular Encroachment Permit to install and maintain County-owned fiber optic communications cable for the Project within the City. The proposed encroachment is consistent with the public interest and will not interfere with the City’s use of the right-of-way for transportation purposes and city utilities. Any disturbed public or private infrastructure, such as sidewalks and roadway pavement will be reconstructed by County’s contractor consistent with City requirements and policies. County’s Contractor will also develop traffic control plans for City staff review to minimize disruption to businesses, residents, and visitors during construction.

After construction, City will own, operate and maintain the traffic signal interconnect system, which includes one of two new 144-strand fiber optic cables. The County will own, operate and maintain the remaining 144-strand fiber optic cable.

The City will reimburse the County for the amount of $623,605 as per Exhibit B of the attached Agreement.

12.2 FISCAL IMPACT: Funds are available in the Gas Tax Fund FY 2023 Capital Investment Program as Citywide Traffic Signal Controller Upgrade (c401602). There is no impact to the General Fund.

Prepared By:

Dan Estranero
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION - APPROVE AND EXECUTE PERMIT.DOC

2. RESOLUTION - REGULAR ENCROACHMENT PERMIT.DOC

3. 2023 TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT AGREEMENT.PDF

12.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE 2023 TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WITH THE

COUNTY OF SANTA CRUZ DEPARTMENT OF COMMUNITY DEVELOPMENT AND INFRASTRUCTURE.

WHEREAS, the City of Santa Cruz Public Works Department has presented an agreement to the County of Santa Cruz Department of Community Development and Infrastructure (County) titled “2023 Traffic Signal Interconnect Improvement Agreement” for Add Alternate 3 improvements of the Soquel Drive Buffered Bike Lane and Congestion Mitigation Project, located within City right-of-way along Water Street, Seabright Avenue and Water Street, from La Fonda Avenue to North Pacific Avenue, that is approximately 2 miles in one direction;
WHEREAS, the City Council of the City of Santa Cruz has heard said agreement and is familiar with the contents thereof.

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

Approve the 2023 Traffic Signal Interconnect Improvement Agreement and authorize the City Manager, or designee, to execute said agreements and any amendments thereto with the County.

PASSED AND ADOPTED this 10th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

12.4 RESOLUTION NO. NS-XX.XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

GRANTING A REGULAR ENCROACHMENT PERMIT TO THE COUNTY OF SANTA

CRUZ DEPARTMENT OF COMMUNITY DEVELOPMENT AND INFRASTRUCTURE FOR INSTALLATION AND MAINTENANCE OF FIBER OPTIC COMMUNICATION CABLE.

WHEREAS, an application has been filed with Public Works Department of the City of Santa Cruz to install fiber optic communication cable along Water Street, Seabright Avenue and Soquel Avenue, from La Fonda Avenue to 701 Ocean Street ; and WHEREAS, the City Council has determined that approving the application is consistent with the public interest and will not interfere with the City’s right-of-way; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

1. An encroachment permit is hereby granted to the County of Santa Cruz Department of Community Development and Infrastructure and to its successors in interest to the property located in Santa Cruz, California to install and maintain fiber optic communication cable along Water Street, Seabright Avenue and Soquel Avenue, from La Fonda Avenue to 701 Ocean St .

2. This permit is subject to the terms and conditions specified in the encroachment permit as presented to Council this date.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Cruz that the City Manager, be and is hereby authorized and directed to execute said encroachment permit on behalf of the City.

PASSED AND ADOPTED this 10th day of October 10, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

12.5 2023 TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT AGREEMENT By and Between

COUNTY OF SANTA CRUZ
and

CITY OF SANTA CRUZ

12.6 -1-
2023 TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT AGREEMENT
THIS 2023 TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT AGREEMENT (“Agreement”) is entered into as of ______________, 2023 (“Effective Date”), by and between the COUNTY OF SANTA CRUZ, a political subdivision of the State of California (“County”), and the CITY OF SANTA CRUZ, a California municipal corporation (“City”) (each is referred to individually as a “Party” and collectively, as the “Parties”) .

RECITALS
The parties enter into this Agreement on the basis of the following facts, understandings and intentions:

A. The County, acting through its Department of Community Development and Infrastructure (Public Works), intends to improve multi-model transportation along the Soquel Avenue/Drive corridor in the County of Santa Cruz. The County portion of improvements include pavement resurfacing, traffic striping upgrades, traffic signal upgrades, and pedestrian facility upgrades. The improvements are referred to herein as the Soquel Drive Buffered Bike Lane & Congestion Mitigation Project, Add Alternate 3 portion of the project, or “Project.” B. The City owns and maintains a system of traffic signal interconnect and desires to upgrade the traffic signal interconnect at specified segments of the City at the same time as the County is performing the Project.

C. Government Code section 54980 et seq. permits the legislative body of any local agency to contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former. “Municipal services and functions” include the type of work contemplated by the City and County under this Agreement. (Govt.

Code § 54980(c).)
D. Combining the traffic signal related work of both City and County into the same project will provide mutual benefit to the City and County due to economies of scale.

E. As such, the City and County desire and mutually agree to improve the traffic signal interconnect at specified City segments, as identified in Table 1, below, as part of the County’s Project.

F. This Agreement is intended to identify cost reimbursement and the overall commitment and responsibilities regarding ownership, operations, and maintenance of the Project equipment located within the City right-of-way during day-to-day operations and during major traffic incidents, as applicable.

G. In consideration for the County’s work on City Roads, the City will reimburse the County for the actual costs, as defined below, associated with the City portion of improvements.

12.7 -2-
H. The City and County wish to agree to the terms and conditions relating to operations and maintenance of the Project and the improvements after the Project concludes.

I. The County shall obtain and maintain a City Regular Encroachment Permit for the County-owned fiber cable.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated into this Agreement by this reference, and the covenants and promises hereinafter contained, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1.0 DEFINITIONS
The following terms as used in this Agreement shall have the meanings given unless expressly provided to the contrary:

Actual Costs. The full costs to the County to provide the City portion of improvements.

Actual Costs include, but not limited to, the Contractor’s direct and indirect labor costs, equipment, material and supply costs, monitoring and testing costs, permitting costs, costs of third-party vendors or consultants, plus the County’s Construction Management and Administrative Overhead costs.

Administrative Overhead. Administrative Overhead means nine percent (9%) of the Direct Costs of the City Portion of Improvements.

Agreement. This 2023 Traffic Signal Interconnect Improvement Agreement and all exhibits and attachments hereto which are incorporated herein and made a part hereof.

City. The City of Santa Cruz, a California municipal corporation, having its offices at 809 Center Street, Santa Cruz, California 95060.

City Portion of Improvements. The portion of the improvements comprising the Project that are located within the territorial limits of the City.

Construction Management. Services to oversee the construction and closeout of a project and ensure the project meets the design specifications.

County. The County of Santa Cruz, a political subdivision of the State of California, having its offices at 701 Ocean Street, Santa Cruz, California 95060.

County Portion of Improvements. The portion of the improvements comprising the Project that are located within the territorial limits of the County.

Direct Costs. The full costs to the County to provide the City portion of improvements, less the Administrative Overhead costs. Direct Costs include, but not limited to, the Contractor’s direct and indirect labor costs, equipment, material and supply costs, monitoring and testing

12.8 -3-
costs, permitting costs, costs of third-party vendors or consultants and the County’s Construction Management costs.

Emergency Maintenance. Unscheduled repairs or replacements of portions of the traffic signal interconnect that have become inoperable and which do not constitute Routine Maintenance.

Maintenance. Those routine or emergency activities that are necessary to achieve the useful life, maintain the integrity and ensure the continued operations of the traffic signal interconnect system, including but not limited to, Routine Maintenance and Emergency Maintenance.

New Equipment. Equipment installed by Contractor in City Portion of Improvements, as identified in Table 1, below.

Operations. Regular activities necessary to cause the traffic signal system to perform as designed.

Project. shall mean Soquel Drive Buffered Bike Lane & Congestion Mitigation Project, which involves multi-model transportation improvements for pedestrians, bicyclists, vehicles, bus transit, and roadway improvements along the Soquel Avenue/Drive corridor in the County of Santa Cruz, from the State Park Drive intersection to the La Fonda Avenue intersection, the plans and specifications for the Project which are attached to this Agreement as Exhibit A.

Routine Maintenance. Industry standard or manufacturers’ recommended activities such as testing, calibrating, repairs and scheduled replacement of parts or other preventative actions.

2.0 DEVELOPMENT OF THE PROJECT

2.1 Design Review.

1. Final Plans and Specifications. County has prepared final Plans and Standard Specifications for the Project, which are attached to this Agreement as Exhibit A.

2. Competitive Bidding. County represents and warrants that, pursuant to any applicable legally required competitive bidding processes, County has selected a contractor (the “Contractor”) to construct the Project.

3. Construction Contract. County shall submit the proposed construction Contract for the Project (the “Construction Contract”) to the City for review and approval. City shall have ten (10) days to review the Construction Contract and make sure it comports with the requirements of this Agreement. County will make additions to Construction Contract as necessary to comply with this Agreement. a. The Construction Contract shall require the Contractor performing the Project to warranty the Project for materials and workmanship for a period of at least one (1) year after final written acceptance of the Project. This

12.9 -4-
warranty coverage will extend to all work in the Construction Contract, including work on City roads.
b. The Construction Contract shall require the Contractor to comply with the insurance terms stated in Exhibit D, below. The County shall also have Contractor sign the acknowledgement of insurance requirements on Exhibit D.
c. Indemnity of Contractor. The Construction Contract shall include the following indemnity provision:

Contractor agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Contractor, Contractor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Contractor’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Contractor’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses. This indemnification clause shall survive termination of this Agreement.
d. Contract must state that no change orders for City’s Portion of Improvements will be made without City and County’s prior written permission. e. The Construction Contract will require that all subcontractors of the Contractor shall be subject to the same Insurance and Indemnity requirements as that required of the Contractor.
f. Any additional insurance or indemnity benefits that the Construction Contract grants to the County will likewise be given to the City.

4. Construction in Accordance with Approved Plans and Specifications. The Project shall be developed in strict conformity with this Agreement and the approved plans for the Project which are attached to this Agreement as Exhibit A.

5. Location of Project. All or portions of the following City roads shall in included in the Project:
(i) Soquel Avenue (from La Fonda Avenue to Seabright Avenue) (ii) Seabright Avenue (from Soquel Avenue to Water Street) (iii) Water Street (from Seabright Avenue to Pacific Avenue/Front Street)

12.10 -5-

2.2 Cost of Construction.

City agrees to reimburse the County for the Actual Costs of the City Portion of Improvements, which shall not exceed the amount of One Million Five Hundred Seven Thousand Six Hundred Eighty-Six dollars ($1,507,686.00).

2.3 Construction Submittals.

County shall provide to the City all material submittals, traffic control plans and construction schedule from the Contractor for all of the City Portion of Improvements. City shall review and approve all submittals prior to purchase and installation of new traffic signal interconnect equipment.

2.4 Construction Inspection

1. The County shall provide construction inspection services for all City Portions of Improvements included in the Project and will verify the work was performed in accordance with the approved project plans and specifications for the Project which are attached to this Agreement as Exhibit A.

2. City shall have full site access to the City Portion of Improvements during construction.

2.5 Change Orders and Design Directives During
Construction
The County will be the lead agency for reviewing and approving Change Orders for City Portion of Improvements and the City will have an opportunity to provide input in this process. Any design changes during construction regarding the City Portion of Improvements that result in increased material costs or extension of anticipated completion dates must be approved in writing by both City and County.

2.6 Construction Schedule.

County shall issue a Notice to Proceed to its contractor to commence construction of the Project. Once construction has commenced, it shall be diligently pursued to completion, and shall not be abandoned for more than thirty (30) consecutive days, except when due to causes beyond the control and without the fault of the County.

2.7 Indemnification

1. Each Party (“Indemnitor”) agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the other Party, its officials, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) in proportion to and to the extent such Losses

12.11 -6-
are caused by or result from the negligence, recklessness, or willful misconduct of the Indemnitor, Indemnitor’s officials, officers, employees, agents, contractors, or subcontractors that is in any way related to this Agreement.

2. Except to the extent caused by the City, its employees or agents caused by and/or emanating from property owned by the City, City shall not be responsible for the presence of any “Hazardous Materials” existing on the Project site either prior to, or subsequent to, the Effective Date of this Agreement or for the cost of any environmental clean-up or other necessary or required remediation related to the Project under this Agreement. It shall be the sole responsibility of County to investigate all aspects of the physical condition of the Project site, including, but not limited to, the existence of any Hazardous Materials, and earthquake faults or other geologic hazards. County shall indemnify, defend, and hold City, its employees and agents harmless from any claim, suit, or action arising from the presence of any Hazardous Materials on the Project site owned or controlled by the County in any way related to the Project under this Agreement, or any other environmental or physical condition on or pertaining to the Project site owned or controlled by the County in any way related to the Project under this Agreement, and from any claim, suit, or action arising from any environmental clean-up or remediation or any other physical or environmental condition on the Project site owned or controlled by the County in any way related to the Project under this Agreement, whether prior to or subsequent to the Effective Date; provided, however, that the above shall not apply where wholly caused by the City or wholly emanating from property owned by the City related to the Project under this Agreement. County’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to any environmental or physical condition on or pertaining to the Project site related to the Project.

3. The indemnification provisions set forth in subparagraphs 1 and 2 above shall survive the expiration or earlier termination of this Agreement.

2.8 Applicable Laws.

1. County and Contractors and any subcontractors shall carry out the construction of the Project in conformity with all applicable laws, including all applicable federal and State of California labor standards.

2. County shall carry out the construction and/or development of the Project in conformity with all applicable federal and state labor laws, including, without limitation the requirement under California law to pay prevailing wages and hire apprentices. County shall be solely responsible for determining and effectuating compliance with such laws. County hereby expressly acknowledges and agrees that the City hereby states to County and the Contractor(s) for the construction or development of the Project, that the construction or development of the Project is a “public work” as defined in Section 1720 of the Labor Code. County shall have the obligation to provide any and all disclosures or identifications required by Labor Code Section 1781, as the same may be amended from time to time, or any

12.12 -7-
other similar law. County shall indemnify, protect, defend and hold harmless City, its officials, officers, employees, and agents, (collectively, “Indemnitees”), with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, or construction (as defined by applicable law) of the Project, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by County or the Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages and hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by County to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the development and construction (as defined by applicable law) of the Project, including, without limitation, any and all public works (as defined by applicable law), County shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. “Increased costs,” as used in this Section 3.7, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Project by County.

2.9 Antidiscrimination During Construction.

County, on behalf of itself and its agents, employees, and Contractors, covenants agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires County and its contractor to comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

2.10 Prohibition Against Assignment and Transfer.

County shall not assign any portion of the work required by this Agreement nor otherwise assign or transfer any interests in it without prior written approval of City, which may be withheld or delayed in City’s sole and absolute discretion.

This Agreement will be binding on the heirs, legal representatives, successors and assigns of the Parties named herein.

12.13 -8-

3.0 OWNERSHIP, OPERATION AND MAINTENANCE AGREEMENT

3.1 Acceptance of Project
The City will endeavor to confirm and accept in writing to the County that Project work on City roads has been completed to City’s satisfaction no later than 15 calendar days from being advised by the County that all work on City Roads under the Project has been completed. If the City does not find that the work on City roads is acceptable, it will notify the County of its decision, in writing, within 15 calendar days of receipt of notification from the County that the work is complete. If the City does not confirm and accept in writing to the County that Project work on City roads has been completed to City’s satisfaction within 15 calendar days from being advised by the County that all work on City roads under the Project has been completed, or advise the County in writing that the work is unacceptable, the Project work shall be deemed accepted by the City. Upon receipt of the City’s written confirmation of completion and acceptance and completion of all other Project work, the County shall issue a Notice of Completion for the Project.

3.2 Equipment Ownership

1. A summary of the New Equipment and devices and general agreement as to beneficiary and ownership are identified in Table 1.

2. Upon City’s acceptance of the City Portion of Improvements, the County shall relinquish all interest it might have in all new equipment to be owned by the City, as identified in Table 1.

3. During the one (1) year from the date of official acceptance, County shall be responsible to make full, complete and satisfactory repairs and replacements, and protect the City from loss or damage resulting or caused by defective materials or faulty workmanship of the work done by the Contractor on the City Portion of Improvements.

4. The County shall be responsible for all Operation and Maintenance (O&M) of all County-owned New Equipment, as identified in Table 1.

New Equipment Beneficiary Agency Owner
144-Strand Fiber Optic Cable (for City) City of Santa Cruz City of Santa Cruz 144-Strand Fiber Optic Cable (for County) County of Santa Cruz County of Santa Cruz 12-Strand Fiber Optic Cable (for City) City of Santa Cruz City of Santa Cruz 2-Inch Conduit City of Santa Cruz City of Santa Cruz
3-Inch Conduit Joint City of Santa Cruz
Fiber Optic Switch City of Santa Cruz City of Santa Cruz 12-Port Fiber Termination Panel City of Santa Cruz City of Santa Cruz Splice Enclosure City of Santa Cruz City of Santa Cruz
N48 Pullbox Joint City of Santa Cruz

12.14 -9-
6E Pullbox Joint City of Santa Cruz
2-Inch Smart LC Conduit Body Fitting City of Santa Cruz City of Santa Cruz Small Form Factor Plug City of Santa Cruz City of Santa Cruz 2-Cell Fabric Innerduct with Trace Wire County of Santa Cruz County of Santa Cruz Table 1: List of new traffic signal interconnect equipment, its beneficiary and owner

3.3 Operation and Maintenance by City.

City shall perform all required Operations and Maintenance (O&M) of the Cityowned New Equipment in accordance with industry standards.

During O&M, the City is responsible to protect all New Equipment. The City shall be responsible to repair any damages to the New Equipment during O&M. If the fiber optic cable is cut or damaged, the entire segment of the cable (pull box to pull box) shall be removed and replaced in kind.

3.4 Operation and Maintenance by County.

1. County shall perform all required Operations and Maintenance (O&M) of the County-owned New Equipment in accordance with industry standards.

2. The County shall provide the City with written notice of the commencement date for (O&M) of the County-owned New Equipment within City’s right-of-way. If County obtains a contractor for the O&M, contractor shall obtain a temporary encroachment permit from the City for work within the City’s right-of-way.

3. During O&M, the County is responsible to protect all New Equipment.

The County shall be responsible to repair any damages to the New Equipment during O&M. If the fiber optic cable is cut or damaged, the entire segment of the cable (pull box to pull box) shall be removed and replaced in kind.

3.5 Effect and Duration of Covenants.

1. After completion of the Project by County, all of the terms, covenants, agreements, or conditions set forth in this Agreement shall continue as follows:
(i) The covenants pertaining to City’ ownership and O&M of the City Portion of Improvements and New Equipment shall remain in effect in perpetuity. (ii) The covenants pertaining to County’s ownership and O&M of the City Portion of Improvements and New Equipment shall remain in effect in perpetuity.
(iii) The covenants regarding indemnification shall remain in effect for two (2) years after a Notice of Completion for the project has been approved by the County Board of Supervisors.

12.15 -10-

4.0 REIMBURSEMENT AGREEMENT

4.1 General

1. The City shall reimburse the County upon completion and acceptance of by City, which acceptance shall not be unreasonably withheld, of all work done pursuant to this Agreement not including the one year warranty period. The amount to be reimbursed shall be the Actual Costs, not to exceed the amount stated in section 2.2, above, without the prior written consent of the City. This reimbursement shall constitute the City’s sole financial obligation under this Agreement.

2. The City and County agree that the Bid Sheet attached to this Agreement as Exhibit B shows contract bid items and the Direct Costs for each item from the lowest responsive, responsible bidder, Monterey Peninsula Engineering (Marina, CA). City agrees to reimburse the County for the total Direct Costs, at an amount not to exceed the amount stated on Exhibit B, unless there is the prior written consent of the City.

3. Once the Notice of Complete has been issued by the County, the County will submit a final invoice to the City for the City’s cost-share portion of the Project work. The City shall provide full payment to the County no later than 60 calendar days from the date of issuance of the final invoice.

5.0 CITY REGULAR ENCROACHMENT PERMIT

5.1 General
The County shall apply for a City Regular Encroachment Permit before the start of construction. The Regular Encroachment Permit form and requirements are attached to this Agreement as Exhibit C.

6.0 DEFAULTS, REMEDIES AND TERMINATION

6.1 Defaults -- General.

1. Subject to the extensions of time set forth in Section 7.4, failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement; provided, however, the Party shall not be deemed to be in default if (i) such Party cures, corrects, or remedies such default within thirty (30) days after receipt of a notice specifying such failure or delay, or (ii) for such defaults that cannot reasonably be cured, corrected, or remedied within thirty (30) days, if such party commences to cure, correct, or remedy such failure or delay within thirty (30) days after receipt of a notice specifying such failure or delay, and diligently prosecutes such cure, correction, or remedy to completion.

2. The injured Party shall give written notice of default to the party in default, specifying the default complained of by the injured Party. Except as

12.16 -11-
required to protect against further damages, the injured party may not institute proceedings against the Party in default until thirty (30) days after giving such notice. Except as otherwise expressly provided in this Agreement, any failure or delay in giving such notice or in asserting any of its rights and remedies as to any default shall not constitute a waiver of any default, nor shall it change the time of default, nor shall it deprive either Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

6.2 Legal Actions.

1. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions set forth in this Agreement, either Party may institute an action at law or in equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the State of California, County of Santa Cruz.

2. Applicable Law. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles.

3. Acceptance of Service of Process. In the event that any legal action is commenced by City against County, service of process on County shall be made by personal service upon the Administrative Officer or Clerk of County, or in such other manner as may be provided by law. In the event that any legal action is commenced by County against City, service of process on City shall be made by personal service upon the City Manager or City Clerk of City, or in such other manner as may be provided by law.

6.3 Rights and Remedies are Cumulative.

1. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another Party.

6.4 City’s Right to Terminate.

1. In the event that City is not in default under this Agreement and, in addition to any other of City’s rights to terminate this Agreement, the City may terminate this Agreement if any of the following occurs:
(i) County fails to timely commence construction of the Project; (ii) County fails to timely complete construction of the Project;

12.17 -12-
(iii) County significantly modifies without City consent the , the plans and specifications for the Project which are attached to this Agreement as Exhibit A;
(iv) County does not timely submit to City the Construction Contract for City’s review to confirm that it includes required terms; (v) County does not timely submit to City, and obtain approval from same, of Contractor’s evidence of insurance;
(vi) County transfers or assigns any of its rights or obligations under this Agreement in violation of Section 2.10;
(vii) County is the subject of any voluntary or involuntary proceeding in bankruptcy; or
(viii) County is in default of any of the covenants, terms, and conditions of this Agreement.

2. In the event of any of the foregoing, City, at its option, may deliver a thirty (30) day written notice of termination to County and, if the applicable requirement has not been satisfied (or waived by City) within said time period, or such additional period of time as is reasonably necessary to satisfy said requirement (provided County commences to satisfy said requirement within the thirty (30) day period and diligently proceeds to satisfy said requirement), this Agreement shall terminate.

3. In the event City terminates its contract with the County and it results in the cancellation of the construction contract for the City Portion of Improvements, the City shall be responsible for it’s proportional amount of the City Portion of Improvements to terminate the construction contract. The City shall reimburse the County within 60 days from the completion of the City Portion of Improvements termination change order.

6.5 County’s Right to Terminate.

1. In the event that County is not in default under this Agreement and, in addition to any other of County’s rights to terminate this Agreement, the County may terminate this Agreement if any of the following occurs:
(i) City transfers or assigns any of its rights or obligations under this Agreement in violation of Section 2.10;
(ii) City is the subject of any voluntary or involuntary proceeding in bankruptcy; or
(iii) City is in default of any of the covenants, terms, and conditions of this Agreement.

12.18 -13-

2. In the event of any of the foregoing, County, at its option, may deliver a thirty (30) day written notice of termination to City and, if the applicable requirement has not been satisfied (or waived by County) within said time period, or such additional period of time as is reasonably necessary to satisfy said requirement (provided City commences to satisfy said requirement within the thirty (30) day period and diligently proceeds to satisfy said requirement), this Agreement shall terminate.

7.0 GENERAL PROVISIONS

7.1 Notices, Demands, and Communications Between the
Parties.

1. Formal notices, demands, and communications between County and City shall be sufficiently given in writing, via email, and concurrently delivered by personal delivered, or delivered by a reputable document delivery service that provides a receipt showing date and time of delivery, or delivered by United States mail, certified postage prepaid, return receipt requested, to the offices of County and City, as follows:

If to County:
with a copy to:

County of Santa Cruz
Attn: Deputy CAO, Director of Community Development
and Infrastructure
701 Ocean Street, Room 410
Santa Cruz, CA 95060
County of Santa Cruz
Attn: County Counsel
701 Ocean Street, Room 505
Santa Cruz, CA 95060
If to City:
with a copy to:

City of Santa Cruz
809 Center Street
Santa Cruz, CA 95060
Attn: City Manager
City of Santa Cruz
Attn: City Attorney
333 Church Street
Santa Cruz, CA 95060

2. Notices personally delivered or delivered by document delivery service shall be effective upon receipt. Mailed notices shall be effective at the earlier of (i) Noon on the fifth business day following deposit with the United States Postal Service, or (ii) actual receipt, whichever is soonest. Such written notices, demands, and communications may be delivered or sent in the same manner to such other addresses as either party may from time to time designate by written

12.19 -14-
notice provided in accordance with this Section 6.1. Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

7.2 Conflicts of Interest.

1. No member, official, officer, employee, agent, representative, or consultant of the Parties shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official, officer, agent, representative, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or asso ciatio n in wh ich he o r she h as a d irect or in direct in teres t. Each Party warrants that it has not paid or given, and will not pay or give, any such member, official, officer, employee, agent, representative, or consultant of the other Party any money or other consideration for obtaining this Agreement.

7.3 Nonliability of Agency and County Officials and
Employees.

No member, official, officer, employee, agent, representative, or consultant of either Party shall be personally liable to the other Party, or its successor in interest, in the event of any default or breach by the Party or for any amount which may become due to the other Party or to its successor, or on any obligations under the terms of this Agreement.

7.4 Enforced Delay: Extensions of Time of Performance.

1. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, Acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, inclement weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplier, acts of the other party, acts or failure to act of City/County or any other public or governmental agency or entity (except that any act or failure to act of County shall not excuse performance by County), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of knowledge of the commencement of the cause.

2. Times of performance under this Agreement may also be extended by mutual agreement in writing between County and City.

12.20 -15-

7.5 Severability.

A final determination by a court of competent jurisdiction that any provision of this Agreement or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision or this Agreement, which shall remain in full force and effect.

7.6 Third Party Beneficiaries.

Nothing herein is intended to create any third party beneficiaries to this Agreement.

7.7 County Approvals and Actions.

Whenever a reference is made in this Agreement to an action or approval to be undertaken by County, the Deputy CAO, Director of Community Development and Infrastructure of County or his or her authorized designee is authorized to act on behalf of County unless specifically provided otherwise or the law otherwise requires.

7.8 Time of The Essence.

Time is of the essence with respect to the terms of this Agreement.

7.9 Cooperation Regarding Enforcement of Agreement.

County and City agree to reasonably cooperate in defending against, or prosecuting (as applicable), any claim, lawsuit, litigation, or other challenge reasonably necessary to uphold the validity and enforceability of this Agreement.

If either Party believes such defenses is needed, that Party shall notify the other Party promptly upon making such determination to clarify the roles each party will undertake in defense of the Agreement. Any attorney retained by either Party for such defense or prosecution shall be reasonably acceptable to the other Party.

8.0 ADDITIONAL TERMS.

1. This Agreement may be executed in counterparts, each of which, when this Agreement has been signed by all the parties hereto, shall be deemed to be an original.

2. This Agreement, along with any attachments, constitutes the entire understanding and agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter hereof. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), with respect to the subject matter hereof, the terms of this Agreement shall control.

12.21 -16-

3. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of County or City, and all amendments hereto must be in writing and signed by the appropriate authorities of County and City. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

4. This Agreement and any provisions hereof may be amended by mutual written agreement by City and County.

5. Neither Party shall have authority, express or implied, to act on behalf of the other Party in any capacity whatsoever as an agent. Neither Party shall have authority, express or implied, pursuant to this Agreement to bind the other Party to any obligation whatsoever.

6. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement.

Either Party may initiate negotiations by providing written notice in letter form to the other Party, setting forth the subject of the dispute and the relief requested.

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

7. This Agreement is the product of negotiations among the Parties, and it shall not be construed as if it had been prepared by one of the Parties, but rather as if all of the Parties have prepared the same. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Parties shall not apply in interpreting this Agreement.

8. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
[End of Agreement – Signature Page Follows]

12.22 -17-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the later of the dates set forth next to the signatures below (the “Effective Date”), which date shall be inserted into the preamble to this Agreement.

Dated:
“County”
COUNTY OF SANTA CRUZ, a political
subdivision of the State of California
By:

Matt Machado - Deputy CAO, Director
of Community Development & Infrastructure
ATTEST:

County Clerk
APPROVED AS TO FORM:

By:

Office of County Counsel

Dated:
“City”
CITY OF SANTA CRUZ, a California
municipal corporation
By: __________________________________
ATTEST:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

12.23 EXHIBIT A

PROJECT PLANS AND STANDARD SPECIFICATION
[to be inserted]

12.24 DocuSign Envelope ID: E53CA9F5-B8B7-43ED-8A32-16A80FA3933E 1/23/2023 1/24/2023 1/25/2023
1/25/2023
1/25/2023
Approved by Board of Supervisors 2/14/2023 DOC-2023-140

12.25 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.26 IC-04
IC-05
IC-06
IC-07
IC-08
IC-09
IC-10 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig. R ©
ALTERNATE BID 3

12.27 FO
FO
FO

FO FO FO FO
FO FO
FO

FO COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig. R ©
ALTERNATE BID 3

12.28 FO
FO
FO
FO
FO
FO FO
FO

FO FO FO

FO COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig. R ©
ALTERNATE BID 3

12.29 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.30 FO COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig. R ©
ALTERNATE BID 3

12.31 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.32 FO
FO
FO
FO

FO COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig. R ©
ALTERNATE BID 3

12.33 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.34 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.35 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.36 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.37 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.38 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.39 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.40 COUNTY OF SANTA CRUZ - DEPARTMENT OF PUBLIC WORKS SOQUEL DRIVE BUFFERED BIKE LANE AND CONGESTION MITIGATION ASW
NAP
RTW
08/15/22

AS SHOWN
Know what'sbelow. Callbefore you dig.

R
©
ALTERNATE BID 3

12.41 77
SCC BP
5/17/2019
Add new section 87-4.05:
87-4.05 COMMUNICATIONS NETWORK EQUIPMENT
87-4.05A Summary
Section 87-4.05 includes general specifications for the ethernet-over-fiber device and cellular modem.
87-4.05B Ethernet-over-Fiber Device
The Contractor shall furnish and install an Etherwan Ex78900E series hardened switch (or approved equivalent).

The Fiber Optic Network Switch shall include the following items:
 10/100/1000 Mbps Single Mode Rugged LC SFP (2 fibers per port)  Field-hardened power transformer
The Contractor shall submit documentation on the proposed Fiber Ethernet device to the Engineer for review and approval prior to procurement.
87-4.05B(1) Materials
The Ethernet device shall operate with other Ethernet devices over single mode fiber optic cabling (SMFO) to extend or bridge field Ethernet networks for Intelligent Transportation Systems (ITS) and traffic signal systems. The Ethernet device shall be interoperable with industry standard Ethernet network capable equipment and rated for use in outdoor enclosures without the use of mechanical cooling. Operations of the Ethernet device shall be transparent to end users and other industry standard Ethernet network capable equipment.

The Contractor shall provide all necessary mounting hardware, power supplies, cables, and connectors required for installation of the Ethernet device to a din rail in type 332 & 342 cabinets, and on the shelf of Type Nema P cabinet.

The Ethernet device shall be rated for outdoor enclosure installation. All wiring and cabling shall be done per Caltrans Transportation Electrical Equipment Specifications (TEES) Section 1.3.13, "Wiring/Cabling/Harnesses".

The switch shall be a managed, environmentally hardened and intended for industrial applications and shall meet or exceed the NEMA TS2 - 2003 environmental requirements. The switch shall meet, at a minimum, the following requirements:
 A minimum of four (4) 10/100/1000 SFP ports (transmit and receive) capable of transmitting Ethernet data at up to 1000 Mb/s over single-mode fiber, full duplex (SFP ports)
 Minimum of Twelve (12) 10/100/1000 Base-T copper port to accept RJ-45 connectors capable of transmitting Ethernet data at 10, 100, or 1000 Mb/s, full duplex.  Switch shall be capable of operating using an input voltage of 120VAC at 60Hz with a maximum power consumption of 240 watts, or shall come equipped with power supplies capable of doing so.

12.42 78
SCC BP
5/17/2019
 Switch ports shall comply with the following standards:
o IEEE 802.3 10BASE-T
o IEEE 802.3u 100BASE-TX/100BASE-FX
o IEEE 802.3ab 1000BASE-T
o IEEE 802.3ad link aggregation control
o IEEE 802.3z 1000BASE-SX/1000BASE-LX
o IEEE 802.3x full duplex and flow control
o IEEE 802.1D STP
o IEEE 802.1p QoS
o IEEE 802.1Q Tag VLANs
o IEEE 802.1s MSTP
o IEEE 802.1w RSTP
o IEEE 802.1x PNAC
o IEEE 802.1ab LLDP
 Wire speed switching on all ports simultaneously, non-blocking  IEEE 802.1Q VLAN Tagging 4 port trunking groups with up to 2~4 ports per group with support for 256 VLANS
 Operating temperature = -40 to +75 degrees Celsius
 Relative humidity = 5% - 95%, non-condensing
 Packet Filtering and Port Security Destination MAC
 MAC address learning with a minimum of 1028 MAC addresses and  1028 static MAC addresses
 IEEE 802.1p QoS Classification based on: Port based priority VLAN Priority field in VLAN tagged frame DS/TOS field in IP packet UDP/TCP logical ports  IEEE 802.1w Rapid Spanning Tree Algorithm
 IP Multicast Filtering through IGMP Snooping
 Support Telnet, SNMP v1 & v2, RMON, Web Browser, Port Mirroring (RFC 1757, TFTP, FTP and CLI management tools
 MIB statistics counters for all ports
 Management and configuration shall be able to be performed through an integrated web interface
 Support remote reset and remote management
87-4.05B(2) Programming
The contractor shall configure, adjust settings, and perform any setup routine necessary for the operation of the switch. Contractor shall coordinate with the County of Santa Cruz Information and Technology Department for the IP address available to each switch. 87-4.05B(3) Final Acceptance Testing
After the post installation testing has been approved by the Engineer and after the splicing and connectorizing of the fiber cable per the contract plans is completed, as well as all network switches are installed, Contractor shall perform an Acceptance Test of The System.

Contractor will provide certification of NTCIP-compliance as part of the contractors’s submittal documentation. This certification shall be in the form of a comprehensive test plan and completed test report as performed by either the contractor or a third-party testing agency. The testing shall have been completed using industry accepted test tools such as the NTCIP Exerciser

12.43 79
SCC BP
5/17/2019
or other NTCIP compliant test tools. Data capture files from the test tool software during the performance of the above testing shall be furnished to the engineer and County.

The Acceptance Test shall comply with NTCIP report 9012 v01, “Center-to-field (C2F) Communications” and at a minimum consist of the following:
- Establishing communication between County building and each field switch - Testing upload and download capabilities, bandwidth, and latency - Establishing communication between County building and each IP accessible device in the controller cabinet at each traffic signal on the project. 87-4.05C Small Form-Factor Pluggables (SFPs)
The Contractor shall furnish and install SFP) module for each fiber termination to the fiber optic switch as shown on the plans. The SFP module shall allow for optical interface between the LC/SC connector of the fiber optic patch cable to the managed/unmanaged fiber optic switch or media converter.

The SFP module shall adhere to the following functional requirements:
 Transparent to data encoding/compatible with major data protocols  Interchangeable SFP for fiber type, distance, and connector.  No in-field optical adjustment required
 IEEE 802.3 compliant
 Can withstand -40º C to +75º C operating temperature
 Lifetime warranty
The SFP module shall adhere to the following technical specifications:
1) Data Transfer Rate: at least 1000 Mbps
2) Transmission Medium: Single Mode
3) Transmission Wavelength: 1310 nm
4) Receive Wavelength: 1310 nm
5) Maximum Path Length: 15 km
6) TX Power (dBm): -8
7) RX Sensitivity (dBM): ≤ -24
8) Optical Loss Budget (dBm): 16
9) Number of Fibers: 2
10) Receptacle Type: LC
Add new section 87-4.06:
87-4.06 BATTERY BACKUP SYSTEM
87-4.06A Summary
Section 87-4.05 includes general specifications for the Battery Backup System (BBS) for use in both 33X and NEMA Type P traffic signal cabinets to be installed at the locations listed below.  Soquel Avenue and 7th Avenue
 Soquel Avenue and Soquel Drive

12.44 80
SCC BP
5/17/2019
 Soquel Drive and Commercial Way/Paul Sweet Road
 Soquel Drive and Commercial Crossing/Hospital Drive
 Soquel Drive and Mission Drive
 Soquel Drive and Thurber Lane
 Soquel Drive and Winkle Avenue
 Soquel Drive and Dover Drive/Mattison Lane
 Soquel Drive and Rodeo Gulch Road
 Soquel Drive and 41st Street
 Soquel Drive and Daubenbiss Avenue
 Soquel Drive and Porter Street
 Soquel Drive and Main Street
 Soquel Drive and Capitola Avenue
 Soquel Drive and Fairway Drive
 Soquel Drive and Park Avenue
 Soquel Drive and West Perimeter Road
 Soquel Drive and Cabrillo College Drive
 Soquel Drive and Fire Station
87-4.06B Materials
The Contractor shall furnish and install nineteen (19) battery backup systems consisting of the materials list below or approved alternative.
 Econolite ZincBlue2 Uninterruptable Power Supply (UPS) or approved equal  Econolite ZincBlue2 Power Interface Module (PIM) or approved equal 87-4.06C Required Specifications
Compatibility
The BBS shall be compatible with the agencies current traffic controller cabinet, controller and cabinet components, including the safety monitor, for full time operation. The BBS shall include all necessary cables to connect Inverter/Controller and battery panel(s).

Run-time
The BBS shall provide a 2-amp cabinet load a minimum run-time of four (4) hours of full color operation.

Output Capacity
BBS must provide a minimum of 1000W @ +74°C, continuous active output capacity, with a 90% minimum inverter efficiency while running in battery backup mode.

Output Voltage
When under battery power, the BBS output voltage shall be 120 VAC, pure sine wave output, ±3%, 60 Hz ±0.1%.

Transfer Time
The maximum transfer time allowed, from disruption of utility line voltage to stabilized inverter line voltage from batteries shall be eight (8) milliseconds. The maximum transfer time when switching from inverter line voltage to utility line voltage after the line-qualifying period shall be

12.45 81
SCC BP
5/17/2019
ten (10) milliseconds. The BBS shall be capable of allowing the user to change the transfer time in eight (8) millisecond increments up to 200 milliseconds if needed by the cabinet equipment.

Operating Environment
Operating temperature for the Inverter/Controller and battery panel(s) shall be -35°F to +165°F Surge Protection
The BBS transient protection shall be able to handle a minimum of 480 joules of energy and 39kA peak current. In addition, the input circuit shall contain an RF filter, which provides attenuation of line noise of 25 dB at 10 KHz, 65 dB at 100 KHz and 100 dB at 1 MHz Power & Control Connections
The BBS shall have the capability to be replaced with ease utilizing single connectors for AC input, AC output and the battery panel(s).

1. AC Connection
The AC input and output shall be separate panel mounted plug/receptacles that allow no possibility of accidental exposure to dangerous voltages. The plug/receptacles shall utilize some form of locking mechanism to prevent accidental disconnect.

2. Battery Connection
The battery panel shall utilize a single circular barrel type connector for connecting to the Inverter/Controller with ease.

12.46 82
SCC BP
5/17/2019
Battery

1. The BBS battery panel(s) must utilize a Sealed Nickel-Zinc (NiZn) battery technology. Lead-Acid battery technologies will not be accepted.

2. The battery panel(s) must incorporate a living hinge design, which allows the battery panel(s) to flex or bend for installation.

3. If installed in a 33X cabinet, the battery panel(s) must have the capability of being installed in the space between the 19” EIA rack and the sidewall of the 33X cabinet.

4. The charging/battery monitoring circuitry shall be incorporated within the battery panel.

5. The BBS must allow the user to ‘Hot Swap’ the battery panel(s) while on utility power or battery backup power.

6. The Inverter/Controller must allow the connection of four (4) battery panels directly to the Inverter/Controller.

7. The Inverter/Controller must be capable of accepting battery panel(s) of different capacities at once, giving the user the ability to utilize different battery sizes to achieve required run-times.

8. The Inverter/Controller shall accept up to sixteen (16) battery panels when utilizing a battery HUB(s).

Charge
The BBS must recharge to full charge capacity within four (4) hours of complete discharge when AC utility line voltage is available. The number of battery panels connected to the Inverter/Controller shall have NO affect on the four (4) hour recharge time. Temperatures below 65°C shall not have any affect on the ability to recharge or the recharge time. The BBS must not require trickle/float charging.

Unit failure
The BBS must have a fail-safe utility tie feature that automatically cuts back to the utility line in the event of an Inverter/Controller failure, battery panel(s) failure or complete battery panel(s) discharge.
87-4.06D Functionality and Operational Requirements
LCD Display
The BBS Inverter/Controller shall have a 4 line by 20-character LCD display with an LED back light. From the main screen, the LCD display shall provide the following information;

1. Utility line voltage

2. BBS status

3. Cabinet current consumption

4. Battery charge percentage

5. Available backup time in hours and minutes
LCD Display Menu
The LCD Display Menu shall provide the user the ability to program and monitor the following parameters;

12.47 83
SCC BP
5/17/2019

1. Voltage threshold parameters

2. Programmable relays

3. Depth of Discharge (high and normal)

4. Event log
Keypad
The BBS Inverter/Controller shall include a 4-way navigational keypad to allow users the ability to navigate the menu and program user set parameters.

Voltage thresholds

1. The BBS shall allow the user to set high and low AC line voltage thresholds to determine parameters to transfer from utility line power to battery backup power.

2. The BBS shall bypass utility line power if the utility line voltage is outside of the set high and low voltage parameters.

3. The BBS shall qualify the utility line power for a minimum of three (3) minutes from the moment the utility line voltage is within the set high and low voltage parameters.

Programmable Relays
The BBS Inverter/Controller shall include eight (8) programmable relays, which are controlled by power line conditions, and user selected settings of the BBS. These relay contacts shall be rated for 2 amps @ 120 VAC. Each relay shall have the ability to trigger by multiple conditions simultaneously. The programming options are as follows;

1. Loss of utility line voltage

2. Low battery

3. Time of day

4. Temperature

5. Time delay (for red flash)
Depth of Discharge
The BBS shall allow the user to control the depth of discharge of the batter panel(s) by choosing a “High” or “Normal” capacity mode in the menu setting of the Inverter/Controller.

Event Log
The BBS shall provide an event log, which will allow the user to view the date time and duration of a given event. The event log shall provide the user with an image of the waveform from the given event. The data shall be recorded in a FIFO format so the oldest event is purged as the newest is entered.

Manual Bypass Switch
The BBS Inverter / Controller must include a Manual Bypass switch to allow the user to manually bypass the inverter while allowing the utility line voltage through to the cabinet.

Circuit Breakers
The BBS Inverter / Controller must be equipped with two (2) 20A circuit breakers, one (1) each for the AC Input and Output.

Force On

12.48 84
SCC BP
5/17/2019
The BBS shall be equipped with “Force On” capabilities, which provides the user the ability to turn the BBS on and supply backup power when no utility line voltage is available. This allows the user the ability to install a BBS and provide backup AC power at an intersection that has no utility line voltage available.
87-4.06E Communication
The BBS must have the capability to provide Ethernet and IP addressing communications with the capability for remote monitoring and programming. This capability must be provided through a desktop application.

The BBS shall be equipped with an Ethernet port. The Ethernet port shall be an RJ45, EIA 568B pin out type connector. The data rate shall be 100mbps. 87-4.06F Graphical User Interface
The Graphical User Interface (GUI) shall be password protected and require a user ID, password and the BBS IP address to access.

The GUI shall have a status area that details the BBS status, location, available run-time in hours and minutes, AC line voltage status and real-time cabinet power consumption. The status area must be displayed on every page.

The GUI shall have a Home screen with clickable icons and tabs, which will allow the user to navigate the GUI with ease. The home screen shall allow the user to view real-time graphical charts of the cabinet power consumption and AC line voltage status. The home screen must allow the user the ability to view a live waveform from the AC utility line in the cabinet.

The GUI shall have an Event Log page to allow the user to view the time, date and duration of a given event. The GUI must provide the user the capability of viewing the waveform of the given event.

The GUI shall have a relay Configuration page to allow the user to program the relay contacts.

The GUI shall have a System Configuration page that allows the user to configure the following; BBS location, depth of discharge, AC line voltage high and low thresholds, AC switch delay, time and date, network settings (IP address, gateway address and subnet), user ID / password and SNMP settings.

The GUI shall communicate notification and alerts through SNMP protocol. Triggers that generate notifications shall be; absence of utility line voltage, battery capacity, remaining runtime and BBS heartbeat status.

12.49 85
SCC BP
5/17/2019
Add new section 87-4.07:
87-4.07 TRAFFIC SIGNAL CONTROLLER
The Contractor shall furnish and install an Econolite Cobalt controller and EOS controller software as shown on the plans and specified herein.
 332 and 342 cabinet locations shall have installed the rackmount versions of the Cobalt controller with connections to interface with 33X cabinets  Type P cabinet locations shall have the Econolite Cobalt Type 2-2 controller.

The controller assembly shall conform to Sections 86-1.02Q and 87-1.03Q of the Standard Specifications and the “Transportation Equipment Specifications” (TEES) Prior to delivering controller and installing in the field at each intersection, Contractor shall ensure that existing traffic signal timing has been programmed in to new controller and tested, and is corresponding to the timing at each intersection where this controller is being installed at.

Replace Section 87-7 with the following:
87-7 RECTANGULAR RAPID FLASHING BEACON SYSTEM
87-7.01 GENERAL
Section 87-7 includes specification for constructing Rectangular Rapid Flashing Beacon (RRFB) systems at locations shown on the plans.

RRFB System includes:

1. Foundations

2. Pull Boxes

3. Conduit

4. Conductors

5. Standards

6. RRFB Light Bars

7. RRFB Controller and Enclosure

8. Solar Panel and Battery Enclosure

9. Pedestrian Push Button

10. RRFB Assembly Pedestrian Signage
Additional components of a flashing beacon system are shown on the project plans.

Furnish all items as listed unless otherwise specified in these Special Provisions. 87-7.02 MATERIALS
A self-contained solar panel assembly with rechargeable batteries wiring and associated connections. The solar power system shall be rated for a minimum of 300, 20 second activations per day, year-round operations.

12.50 86
SCC BP
5/17/2019

87.03 Construction
A. All items shall be furnished new by Contractor unless otherwise specified in these Special Provisions.

B. Rectangular Rapid Flashing Beacon (RRFB) shall comply with FHWA Interim Approval for Optional Use of Pedestrian-Activated Rectangular Rapid-Flashing Beacons at Uncontrolled Marked Crosswalks (IA-21), dated March 21, 2018. The assembly shall be pedestrian push button activated.

C. The RRFB housing shall contain two primary light bars mounted in compliance with MUTCD requirements. The housing shall have side emitting pedestrian confirmation lights. The LEDs used shall be rated for a minimum 15-year life. The RRFB shall meet SAE J595 class 1 intensity and SAE J578 chromaticity.

D. The RRFB housing shall be made of powder-coated aluminum with a minimum thickness of 0.125”, and shall provide a mounting mechanism allowing for directional rotation of the primary light bars toward oncoming traffic at curves and corners.

E. The controller shall auto-adjust RRFB brightness based on ambient light levels, and dim during night operations.

F. Flash duration shall be field-configurable to one second increments, programming is responsibility of the contractor.

G. RRFB bars mounted on a pole shall be able to be independently aimed to optimize performance in each direction.

H. RRFB Controller Enclosure (if required by the manufacturer) shall be a NEMA 3R enclosure with a dead front panel and a hasp with a 7/16-inch hole for a padlock. The enclosure shall be powder coated, hot-dip galvanized, or factory-applied rust resistant prime coat and finish coat.

I. RRFB Solar Panel Assemblies shall be rated for a minimum of 300, 20 second activations per day, year-round operations.

J. RRFB Standards And Posts as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-1.02J, "Standards, Poles, Pedestals and Posts," of the Standard Specifications and these Special Provisions. Foundations shall conform to Section 86-2.03, "Foundations", and Section 87-1.03E(3), "Concrete Pads, Foundations, and Pedestals" of the Standard Specifications.

K. The RRFB push buttons shall be Accessible Pedestrian Signals type.

Contractor shall submit the complete RRFB assembly package for approval by Engineer prior to ordering products. Products shall comply with requirements in this section. Allow 5 working days for Engineer review.

Replace 10th paragraph in section 87-19.02B of the RSS with the following:

The Access cover must:

12.51 87
SCC BP
5/17/2019

1. Be a two-piece polymer lid with locking mechanism

2. Have inset lifting pull slots.

3. Have markings COUNTY FIBER OPTIC.

Replace text in Section 87-19.02D with:
87-19.02D(1) GENERAL
There are two types of underground splice closures that will be used on this project. A small closure will be used everywhere, where a #6E box is installed next to traffic signal cabinet. A large splice closure will be used everywhere where an N48E box is installed next to a traffic signal cabinet.

All underground fiber splice closures must be butt-end style, corrosion resistant, watertight, and meet the latest requirements of GR-771-CORE. Underground splice closures must seal, bond, anchor, and provide efficient routing, storage, organization, and protection for the fiber optic cables and splices that are installed within the closure.

Splice closures shall have a reliable dual seal design with both the cable jackets and core tubes sealed, without the use of water-blocking material. The splice closures must be capable of being opened and completely resealed without loss of performance.

The fiber splice closures shall be equipped with splice trays that are designed specifically for housing single-mode fusion splices protected by heat-shrink sleeves, are easy to install and remove, and have provisions for a minimum number of fusion splices accommodated by the splice closure.
87-19.02D(2) SMALL SPLICE CLOSURE
The Small Splice closures shall adhere to the following specifications:
- Accommodate a minimum of three (3) ports, with each port having the capacity to accept up to 0.5 in OD cable
- Have a splice capacity up to 48 fusion splices
- Not exceed the following dimensions: 16in length and 7 in in diameter 87-19.02D(3) LARGE SPLICE CLOSURE
The Large Splice closures shall adhere to the following specifications:
- Accommodate a minimum of eight (8) ports, with each port having the capacity to accept up to 1 in OD cable
- Have a splice capacity up to 288 fusion splices
- Not exceed the following dimensions: 22in length and 7 in in diameter

12.52 88
SCC BP
5/17/2019
Add to section 87-19.02E
87-19.02E FIBER OPTIC DISTRIBUTION UNIT
Contractor to splice fiber optic branch cable to fiber distribution unit and connect using contractor furnished fiber patch cables to fiber switch as indicated in the project plans. The fiber distribution unit shall adhere to the specs listed below. 87-19.02E(1) MATERIALS

1. 332/342 Traffic Signal Cabinets
 Corning Model number CCS-01U or County approved equal.  Model M67-048 Splice Trays, CCH-CS Splice Cassette or County approved equal.
 Corning Closet Connector Housing, LC adapters, Duplex, UPC, 12F, Singlemode (OS2) [CCH-CP12-A9]

2. NEMA Type P Traffic Signal Cabinets
 Corning Lanscape housing or County approved equal.
 Corning Closet Connector Housing, LC adapters, Duplex, UPC, 12F, Singlemode (OS2) [CCH-CP12-A9] Add new section 87-19.02J
87-19.02J FABRIC INNERDUCT
Work under this section shall include the installation of fabric innerduct as indicated on the project plans.

Innerduct shall be installed only between County of Santa Cruz Building and State Park Drive.

Innerduct
Innerduct must be installed as indicated on the plans. Innerduct consists of flexible fabric chambers that is installed inside conduit, and which in turn the fiber optic cable is installed.

Innerduct within a conduit run must be continuous without splices or joints. Innerduct for this project must have a minimum of 3 cells as specified in the Project Plans.

Innerduct cells must include 1250lb minimum flat woven pull tape for installation. Innerduct shall be protected and installed per manufacturer specifications.

The innerduct must be shipped on reels marked with the manufacturer, the contract number, and the size and length of the innerduct. The material on reels must be covered with aluminized material to protect colors from UV deterioration during shipment and storage. Each innerduct must be one continuous unit within a conduit run. Each innerduct must comply with Caltrans Standard Specifications section 86-1.02, “Materials”, of the State Standard Specifications.

Tracer Wire
Tracer wire shall be installed within innerduct or conduit as shown on Project plans. Tracer wire shall be #12 AWG stranded copper conductor with orange THWN insulation, unless otherwise noted.

12.53 89
SCC BP
5/17/2019
Replace Section 87-19.03A of the RSS with the following:
87-19.03A(1) FIBER OPTIC TESTING
This section includes performance of fiber optic testing of the communication system as specified in the Project Plans.
87-19.03A(2) TECHNICAL AND FUNCTIONAL REQUIREMENTS
The Contractor acknowledges that contractor-performed testing is a vital component of the work and required for acceptance of the fiber optic cables and all related assemblies.

The fiber optic testing shall be conducted at the following stages:
 Upon Cable Delivery Before Installation – Cable Reel Tests  After Installation and Before Splicing – Post Installation/Pre-Splicing Tests  After Splicing and Connectorizing – End-to-End/Post-Splicing Tests Contractor shall submit a sample of the OTDR and power meter/light source data printouts to the Engineer for review and approval prior to conducting any testing.

All testing shall be performed in a manner that provides the time, space, set up, tools, and equipment for the Engineer or his designee to inspect and verify that all test setups and tests, including review of fiber connections, test equipment, device displays, and all related documentation. The tests shall quantitatively demonstrate that the fiber optic cable meets or exceeds the minimum requirements and specifications provided in these special provisions and the contract plans.

All technicians testing cable shall be certified as an Advanced Fiber Optics Technician or Certified Fiber Optics Specialist by the Fiber Optic Association (FOA). Contractor shall submit to the Engineer for approval proof of FOA certification for each of the technicians performing testing.

Vehicles used for fiber testing shall have their engine turned off during testing.

The Contractor shall use clean, well maintained testing equipment. The testing equipment shall have been calibrated within one (1) year prior to conducting the tests.

A 1,000-meter launch cable, or launch box tuned to the attenuation of a 1,000-meter launch cable, shall be used to overcome the dead zone of the OTDR inserted between the OTDR and the optical link.

The OTDR testing shall be done at a scale of at least 1 dB per division on the vertical scale.

All test measurements shall be measured at the wavelengths for the proposed equipment to use the fiber optic cable.

12.54 90
SCC BP
5/17/2019
Contractor shall perform tests to verify that ports and fibers installed by others have end points indicated in the contract plans.

Short Fiber Cable Segments
A short fiber cable segment is defined as a cable measuring 1000 feet or less including all coiling and slack.

It is acknowledged that test results from short segments of fiber cable may require re-testing, and that there may be an issue where the OTDR results may appear inconsistent and do not meet the maximum attenuation limits required in these special provisions even after the re-tests. In these cases, the Contractor shall prepare link attenuation calculations and perform power meter/light source tests on the subject fiber cable and submit to the Engineer for review. Should the power meter tests show that the actual loss is less than the theoretical maximum loss for the fiber cable (all strands), the power meter/light source test results will be used accepted instead of the OTDR tests.

There shall be no additional cost for the additional calculations and testing for short fiber cable testing including the power meter/light source tests and link attenuation calculations. The contractor shall be bear the entire cost of the re-tests and calculations, and no additional compensation shall be allowed therefor.

Test Plan
The Contractor shall prepare and submit a Test Plan to the Engineer for review and approval that provides a detailed description of the tests that will be conducted, the steps required to conduct the testing, and the specific locations where the tests will be conducted.

The Test Plan shall cover all stages of the fiber testing and shall include the following at a minimum:

1. Stage of Test (i.e., Cable Reel, Post Installation or End-to-End)

2. Contractor staff who will be conducting the tests

3. Test equipment to be used

4. The setup for the testing including all of the equipment connections

5. The detailed process for the testing including, but not limited to:
a) recording/capturing of the test data;
b) file format and organization of the test data that will be submitted; c) direction of the test (OTDR and power meter/light source); and d) test data that will be collected and reported

6. Sample test printouts including all graphic and tables

7. A tabular and narrative summary of all of the fiber optic segments that will be tested which shall include all start and end points noted by intersection name, facility name, stationing, or other means for the Engineer to be able to verify the location Contractor shall submit a sample of the OTDR and power meter/light source data printouts to the Engineer for review and approval as part of the Test Plan.

12.55 91
SCC BP
5/17/2019
If the Engineer rejects the submitted Test Plan, the Contractor shall submit a revised Test Plan within five (5) working days for review and approval by the Engineer. No testing shall be performed until Contractor's test plan has been approved by the Engineer.

Submittal of the test equipment user’s manual does not constitute any part of the Test Plan, and should the Test Plan contain such documentation, it shall be rejected in its entirety.

The Contractor shall notify the Engineer of his intent to proceed with testing forty-eight (48) hours prior to commencement of each test. It is noted that regardless of the advance notification, there shall be no testing until the Test Plan is approved by the Engineer. In addition, the Contractor shall be able to commence testing a minimum of 48 hours after the Test Plan has been approved.

The approval of the formats for the test printouts shall be attained prior to conducting any testing. Any tests that are conducted prior to the Engineer’s approval of the Test Plan and the test document format shall be considered as not acceptable and the Contractor shall re-test all fibers as a result.

Link Attenuation Calculations
The Contractor shall prepare Link Attenuation Calculations for each fiber segment. The calculations shall be shown in a table clearly indicating the following:
 Fiber cable segment – note the two end points
 Length of the segment tested
 Direction – note which direction the calculation is being conducted for  Splices – note the number and locations of the splices  Connectors – note the number and locations of the connectors.

The results of the calculations will provide the theoretical attenuation limits for each segment.

This will be used to compare the results of the power meter and light source testing.

The Contractor shall submit the Link Attenuation Calculations to the Engineer for review and approval prior to conducting any power meter/light source tests.

The approval of the Link Attenuation Calculations shall be attained prior to conducting any power meter/light source testing.

Any power meter/light source tests that are conducted prior to the Engineer’s approval of the Link Attenuation Calculations shall be considered as not acceptable and the Contractor shall retest all fibers as a result.

Cable Reel Test
After delivery of the fiber optic cable to the project site prior to field installation (Cable Reel Acceptance Test). This test is intended to verify that the fiber received from the supplier is in sound condition and without manufacturing defects.

The Cable Reel Test shall be performed within ten (10) working days from the delivery of the fiber optic cable to the project site, or when the cable is received by the Contractor from the supplier, whichever is sooner.

The Contractor shall notify the Engineer of his intent to proceed with the cable reel testing fortyeight (48) hours prior to commencement of the test. However, no tests shall commence until the

12.56 92
SCC BP
5/17/2019
Engineer has approved the Test Plan that shall be submitted to the Engineer (refer to the “Test Plan” section elsewhere in these special provisions).

The fiber cable shall be tested with an Optical Time Domain Reflectometer (OTDR), and only one direction needs to be tested.

Any fiber optic cable that does not meet the requirements described in the section “Fiber Cable Characteristics” and any applicable and relevant section in these special provisions shall be replaced at shall be at the sole cost of the Contractor, and no additional compensation shall be allowed therefor.

At the time of testing, the Contractor shall inspect the fiber optic cable and record any visible signs of defects.

The Contractor shall compare the test results to the manufacturer’s specifications and note any discrepancies.

If the attenuation level measured from the tests conducted by the Contractor is 5% or more higher than the attenuation reported from the manufacturer’s factory tests, or 5% or more higher than the maximum attenuation values allowed as shown in Table 1, the fiber cable reel will be considered as unacceptable at this stage regardless of the number of fibers that deviate from the manufacturer’s test results.

The Contractor shall replace the unsatisfactory reels of cables at no additional expense to the project, and no additional compensation shall be allowed therefor.

The Contractor shall install heat shrink or other protective covering to the fiber optic cable end to prevent the entry of moisture or other contaminants.

Installation of new fiber optic cable shall only occur once the fiber optic cable reel acceptance test has been reviewed and approved by the Engineer.

The Cable Reel Test results including the manufacturer’s factory test results shall be summarized and submitted to the Engineer for review and approval. The test results shall be documented and submitted to the Engineer based on the requirements contained in section “Test Documentation” contained herein these special provisions.

Post Installation/Pre-Splicing Testing
The installation of new fiber optic cable shall only occur once the fiber optic cable reel acceptance test has been reviewed and approved by the Engineer.

At the time of testing, the Contractor shall inspect the fiber optic cable and record any visible signs of damage.

The Post Installation/Pre-Splicing Test shall be performed within ten (10) workings from the time the fiber optic cable is installed, and before any splices are conducted or connectors installed on the fiber cable segment.

The fiber cable shall be tested with an OTDR, and shall be conducted in both directions along each fiber cable segment.

12.57 93
SCC BP
5/17/2019
Any fiber optic cable that does not meet the requirements described in the section “Fiber Cable Characteristics” and any applicable and relevant section in these special provisions shall be replaced at shall be at the sole cost of the Contractor, and no additional compensation shall be allowed therefor.

If the attenuation level for a fiber strand measured from the tests conducted by the Contractor is 5% or more higher than the attenuation reported from the cable reel tests, or 5% or more higher than the maximum attenuation values allowed as shown in Table 1, the fiber strand shall be considered as an unacceptable fiber having failed the test.

The Contractor will be allowed one re-test to mitigate any failed test(s).

Should the results from any re-tests continue to yield test failures, the entire fiber cable shall be considered as unacceptable and shall be replaced by the Contractor, regardless of the number of fibers that have failed the test.

The Contractor shall replace the unacceptable fiber cables at no additional cost, and no additional compensation shall be allowed therefor.

Test results shall be summarized and submitted to the Engineer. If the cable installation test results are found unsatisfactory by the Engineer, the fiber optic cable segment will be judged as unacceptable. The Contractor shall replace the unsatisfactory segment of cable with new fiber, without additional splices, at no expense to the City. Conduct cable installation acceptance test for the new segment of cable to demonstrate proper installation.

Any and all connectorizing that is necessary to conduct the post-installation testing shall be considered as part of the fiber optic testing costs, and no additional compensation shall be provided therefor.

The test results shall be documented and submitted to the Engineer based on the requirements stated in section “Test Documentation” contained herein these special provisions.

End-to-End/Post-Splicing Testing
After the post installation testing has been approved by the Engineer and after the splicing and connectorizing of the fiber cable per the contract plans is completed, the Contractor shall conduct the End-to-End/Post Splicing Testing.

This test stage is intended to verify that the end-to-end fiber optic paths have been completed per the contract plans, and that all of the splices and connectors have been performed to the highest standard of care that meets all of the requirements in these special provisions.

The End-to-End/Post Splicing Test shall be performed within ten (10) working days from the completion of all the splices and connectorizations.

The Contractor shall notify the Engineer of his intent to proceed with the end-to-end testing forty-eight (48) hours prior to commencement of the test. However, no tests shall commence until the Engineer has approved the Test Plan that shall be submitted to the Engineer (refer to the “Test Plan” section elsewhere in these special provisions).

12.58 94
SCC BP
5/17/2019
The end-to end/post-splice tests shall consist of performing OTDR and power meter/light source testing.

Both the OTDR and power meter/light source tests shall be conducted in both directions along each fiber segment.

All fusion splices shall be tested in both directions and the average of the loss measured shall be used to determine the splice loss.

All mated connector pairs shall be tested in both directions and the average of the loss measured shall be used to determine the connector loss.

The tests shall document total end-to-end loss, splice and connector loss and backreflection, and overall reflectance levels.

Should the power meter tests show that the actual fiber loss is less than the theoretical maximum fiber loss for the fiber cable (for all strands), the fiber cable will be considered as acceptable.

Refer to the “Test Documentation” section elsewhere in these special provisions.

If the attenuation level for a fiber strand measured from the tests conducted by the Contractor is 5% or more higher than the maximum attenuation values allowed as shown in Table 1, or the theoretical maximum as calculated from the Link Attenuation Calculations, the fiber strand shall be considered as an unacceptable fiber having failed the test.

The Contractor will be allowed one re-test to mitigate any failed test(s).

Should the results from any re-tests continue to yield test failures, the entire fiber cable shall be considered as unacceptable and shall be replaced by the Contractor, regardless of the number of fibers that have failed the test.

The Contractor shall replace the unacceptable fiber cables at no additional cost, and no additional compensation shall be allowed therefor.

Any and all connectorizing that is necessary to conduct the end-to-end testing shall be considered as part of the fiber optic testing costs, and no additional compensation shall be provided therefor.

Test Documentation
All tests shall be saved on Compact Disc (CD) or portable media stick (USB flash drive) and shall be submitted to the Engineer for review and approval. All electronic copies of the test results shall be submitted in portable document format (pdf).

A three-ring binder with hardcopies of the test results shall also be provided. All test result printouts (OTDR and Power Meter/Light Source) shall contain the following:
 Maximum specified loss at specified wavelengths
 Test location (e.g., intersection name or facility name)  Date and Time of test
 Test crew (names)
 Test Equipment manufacturer and model
 Direction of the test
 Length of fiber segment tested

12.59 95
SCC BP
5/17/2019
 Buffer tube and fiber color
 Attenuation result (in dB or dB/km)
OTDR Test Results
The OTDR test result printouts shall provide a graphical representation of the test of each fiber strand that clearly shows the following information at a minimum:
 The launch cable length
 The cable length
 Cable ID
 Fiber strand number or color
 Start location (where the OTDR is located)
 End or Far location
 Total End to End Loss (dB)
 Start point and end point for each OTDR trace
 Indications where losses or other events occur along the fiber The start point and end point shall be used to determine the direction of the test. The graphical representation shall provide enough information for the Engineer to determine where splice and connector losses are located along the fiber segment. If this information is not readily apparent on the graphical representation, it will be rejected.

In addition to the test result printouts and graphical representations, the Contractor shall provide a summary table that documents the test results of each fiber strand that is tested on each fiber cable segment. The table shall indicate the fiber number or color, buffer tube (color), wavelength (in nm), and attenuation (in dB/km).

All printouts shall bear the signature or initials of the Contractor’s representative who has reviewed the tests.

The Contractor shall place a check mark on all traces that satisfy the requirements identified herein.

The Contractor shall highlight any discrepancies that may exist in the test results. If more than 20% of the tests have any discrepancies, abnormalities or failures, the tests will be rejected and the Contractor shall be required to conduct a complete re-test and re-submit the documentation for the Engineer’s review and approval.

Any subsequent re-testing, re-splicing, or revision of the test documentation shall be at the sole cost to the Contractor and no additional cost shall be allowed therefor.

Power Meter and Light Source Test Results
The Power Meter/Light Source test results shall be submitted with the following at a minimum:
 Contractor staff tester (name)
 Cable ID
 Start point (intersection or facility name)

12.60 96
SCC BP
5/17/2019
 End point (intersection or facility name)
 Fiber number and color
 Fiber buffer tube
 Direction of test
 Length of cable tested (feet)
 Splice locations (name)
 Connector locations (name)
 Wavelength (nm)
 Theoretical loss limit (from Attenuation Calculations)  Measured loss
 Headroom loss (theoretical loss minus actual loss)
The optical testing using a light source and power meter shall meet the following minimum requirements:

Optical fiber light source
 Single mode fiber
 Provide dual laser light sources with central wavelengths of 1310 nm (±20 nm) and 1550 nm (±20 nm).
 Output power of –10 dBm minimum.

Power Meter
 Provide 850 nm, 1300nm, 1310 nm, and 1550 nm wavelength test capability.  Power measurement uncertainty of ± 0.25 dB.

Single-mode OTDR
 1. Wavelengths of 1310 nm (± 20 nm) and 1550 nm (± 20 nm).  2. Event deadzones of 2 m maximum at 1310 nm and 2 m maximum at 1550 nm.  3. Attenuation deadzones of 15 m maximum at 1310 nm and 15 m maximum at 1550 nm.
 4. Distance range not less than 10,000 m.
 5. Dynamic range at least 10 dB at 1310 nm and 1550 nm The OTDR used for testing shall be provided with certification of its most recent calibration which shall be within twelve (12) months from the date of the testing.

The OTDR operator shall hold a current operators certificate for the equipment used. This certificate shall be provided to the Engineer prior to any use of the OTDR for testing, and shall represent not less than sixteen (16) hours of training from the equipment manufacturer.

The OTDR shall have a distance measurement accuracy of ± 0.01%.

Add to the list in the 2nd paragraph of section 87-21.03B(2):

9. Traffic signal system

12.61 EXHIBIT B

CITY OF SANTA CRUZ

SOQUEL DRIVE BUFFERED BIKE LANE & CONGESTION MITIGATION PROJECT PAYMENT ITEM SCHEDULE FOR AD ALTERNATE 3 BID

BID FORM AND SHARED COST
[to be inserted]

12.62 Monterey Peninsula Engineering
(MPE) (Marina)
Item No. Item Description Estimated
Quantity
Bid Item
Code Unit Unit Price Total
ADD ALTERNATE 3 BID - CITY/COUNTY FIBER OPTIC -
La Fonda to County Building to City Town Clock
A3 - 1 120090 Construction Area Signs and Traffic Control LS 1 $350,000.00 $350,000 A3 - 2 05001A Potholing LS 1 $125,000.00 $125,000
A3 - 3 87041A Furnish and Install 144-Strand Fiber Optic Cable LF 24,180 $7.00 $169,260 A3 - 4 87042A Furnish and Install 12-Strand Fiber Optic Cable LF 1,000 $9.00 $9,000 A3 - 5 87043A Furnish and Install 3" Conduit LF 2,624 $90.00 $236,160 A3 - 6 87044A Furnish and Install 2" Conduit LF 541 $80.00 $43,280 A3 - 7 87045A Furnish and Install Fiber Optic Switch EA 11 $5,600.00 $61,600 A3 - 8 87046A Furnish and Install 12-Port Fiber Termination Panel EA 11 $750.00 $8,250 A3 - 9 87047A Furnish and Install Splice Enclosure EA 11 $3,400.00 $37,400 A3 - 10 87048A Fiber Splicings and Terminations EA 336 $125.00 $42,000 A3 - 11 87049A Furnish and Install N48 Pullbox EA 8 $4,500.00 $36,000 A3 - 12 87050A Furnish and Install 6E Pullbox EA 3 $4,000.00 $12,000 A3 - 13 87051A Replace Existing Pullbox with 6E Pullbox EA 26 $4,500.00 $117,000 A3 - 14 87052A Furnish and Install 2-Cell Fabric Innerduct with Trace Wire LF 10,497 $8.00 $83,976 A3 - 15 87053A Remove and Salvage Existing Interconnect Cable LF 11,660 $6.00 $69,960 A3 - 16 87054A Furnish and Install Small Form Factor Pluggable EA 23 $800.00 $18,400 A3 - 17 87056A Furnish and Install 2" Smart LB Conduit Body Fitting EA 7 $700.00 $4,900 A3 - 18 87057A Furnish and Install Server Rack Fiber Optic Termination Panel EA 1 $5,500.00 $5,500 A3 - 19 87058A Furnish and Install Server Rack Splice Case EA 1 $3,000.00 $3,000 A3 - 20 999990 Mobilization LS 1 $75,000.00 $75,000
$1,507,686

Fiber Optic Costs (Option 1)
County Only $1,565,210
City Only $1,231,290
Fiber Optic Costs (Option 2)
La Fonda to Clock Tower
City Share $994,495
County Share $513,191
Total $1,507,686
County Savings:

County Only $1,565,210
County Share -$513,191
$1,052,019
City Savings:

Design Costs $21,835 Actual Option 2 City Share
CM Costs $198,899 20% Option 2 City Share
Overhead $89,505 9% Option 2 City Share
$310,239
Cost Saving Differential
County Savings $1,052,019
City Savings -$310,239
$741,780
Half of the Savings: $370,890
City and County Share with Savings
City Share: $994,495 -$370,890 = $623,605
County Share $513,191 $370,890 = $884,081
Option 2 Total $1,507,686
City Subtotal Project Cost $623,605
Contingency (10%) $62,360
City Total Project Cost $685,965

12.64 Client: 5/12/2023
Project: DE
Location:

General Pre-Construction
% of Total 32.2% 40.3%
Item No. Unit Quantity
1 LS 1
2 LS 1
3 LS 1
Construction
Item No. Unit Quantity
4 LF 10,730
5 LF 900
6 LF
7 LF 541
8 EA 10
9 EA 10
10 EA 10
11 EA 160
12 EA 7
13 EA 3
14 EA
15 EA 6
16 EA 21
17 LF
18 LF
19 EA
20 EA
$495,715

10.00% $49,572
$545,287
Furnish and Install 2" Conduit $80 $43,280
Furnish and Install N48 Pullbox $4,500 $31,500
Furnish and Install Fiber Optic Switch $5600 $56,000
Furnish and Install 12-Port Fiber Termination Panel $750 $7,500 $0
Furnish and Install Server Rack Splice Case $3000 $0
Total Cost
Furnish and Install Server Rack Fiber Optic Termination Panel $5500 Construction Sub Total = $308,490
Project Sub Total
Contingency
Remove and Salvage Existing Interconnect Cable $6 $0
Furnish and Install 2-Cell Fabric Innerduct with Trace Wire $8 $0 Furnish and Install 2" Smart LB Conduit Body Fitting $700 $4,200 Furnish and Install Small Form Factor Pluggable (at Cabinets) $800 $16,800 Replace Ex Pullbox with 6E Pullbox $4,500 $0
Furnish and Install Splice Enclosure $3400 $34,000
Fiber Splicings and Terminations $125 $20,000
Furnish and Install 6E Pullbox $4,000 $12,000
Furnish and Install 12-Strand Fiber Optic Cable $9 $8,100 Furnish and Install 3" Conduit $90 $0
Furnish and Install 144-Strand Fiber Optic Cable $7 $75,110 Construction Area Signs and Traffic Control (32.2%) $112,700 $112,700 Potholing (40.3%) $50,375 $50,375
$187,225
Description Unit Cost Cost
Description Unit Cost Cost
Mobilization (32.2%) $24,150 $24,150
City of Santa Cruz Date:

Soquel Drive Buffered Bike Lane and Congestion Mitigation - Santa Cruz Segment Prepared By:

La Fonda to County Building Checked By:

12.65 Client: 5/12/2023
Project: DE
Location:

General Pre-Construction
% of Total 17.0% 21.3%
Item No. Unit Quantity
1 LS 1
2 LS 1
3 LS 1
Construction
Item No. Unit Quantity
4 LF 1,890
5 LF 100
6 LF 1,277
7 LF
8 EA 1
9 EA 1
10 EA 1
11 EA 32
12 EA 1
13 EA
14 EA 3
15 EA 1
16 EA 2
17 LF
18 LF
19 EA
20 EA
$261,985

10.00% $26,199
$288,184
$0
Furnish and Install 2-Cell Fabric Innerduct with Trace Wire $8 $0 Total Cost
Remove and Salvage Existing Interconnect Cable $6
$0
Project Sub Total
Contingency
Furnish and Install Server Rack Fiber Optic Termination Panel $5500 Furnish and Install Server Rack Splice Case $3000 $0
$163,110
Furnish and Install 2" Smart LB Conduit Body Fitting $700 $700 Furnish and Install Small Form Factor Pluggable (at Cabinets) $800 $1,600 Furnish and Install 6E Pullbox $4,000 $0
Replace Ex Pullbox with 6E Pullbox $4,500 $13,500
Fiber Splicings and Terminations $125 $4,000
Furnish and Install N48 Pullbox $4,500 $4,500
Furnish and Install 12-Port Fiber Termination Panel $750 $750 Furnish and Install Splice Enclosure $3400 $3,400
Furnish and Install 2" Conduit $80 $0
Furnish and Install Fiber Optic Switch $5600 $5,600
Furnish and Install 12-Strand Fiber Optic Cable $9 $900 Furnish and Install 3" Conduit $90 $114,930
$98,875
Description Unit Cost Cost
Construction Area Signs and Traffic Control (17%) $59,500 $59,500 Potholing (21.3%) $26,625 $26,625
Construction Sub Total =
City of Santa Cruz Date:

Soquel Drive Buffered Bike Lane and Congestion Mitigation - Santa Cruz Segment Prepared By:

County Building to Clock Tower Checked By:

Description Unit Cost Cost
Mobilization (17%) $12,750 $12,750
Furnish and Install 144-Strand Fiber Optic Cable $7 $13,230

12.66 Client: 5/12/2023
Project: DE
Location:

General Pre-Construction
% of Total 20.0%
Item No. Unit Quantity
1 LS 1
2 LS 1
3 LS 1
Construction
Item No. Unit Quantity
4 LF 11,560
5 LF
6 LF
7 LF
8 EA
9 EA
10 EA
11 EA 144
12 EA
13 EA
14 EA
15 EA
16 EA
17 LF
18 LF 10,497
19 EA 1
20 EA 1
$276,396

10.00% $27,640
$304,036
Furnish and Install 2-Cell Fabric Innerduct with Trace Wire $8 $5,500
Construction Sub Total =
$83,976
Furnish and Install Server Rack Fiber Optic Termination Panel $5500 Furnish and Install Small Form Factor Pluggable (at Cabinets) $800 $0 Remove and Salvage Existing Interconnect Cable $6 $0
Furnish and Install 2" Smart LB Conduit Body Fitting $700 $0 Fiber Splicings and Terminations $125 $18,000
Furnish and Install N48 Pullbox $4,500 $0
Furnish and Install 6E Pullbox $4,000 $0
Replace Ex Pullbox with 6E Pullbox $4,500 $0
Furnish and Install 12-Port Fiber Termination Panel $750 $0 Furnish and Install Splice Enclosure $3400 $0
Furnish and Install 2" Conduit $80 $0
Furnish and Install Fiber Optic Switch $5600 $0
Furnish and Install 12-Strand Fiber Optic Cable $9 $0
Furnish and Install 3" Conduit $90 $0
Furnish and Install 144-Strand Fiber Optic Cable $7 $80,920 Construction Area Signs and Traffic Control (20%) $70,000 $70,000 Potholing (0%) $0 $0
$85,000
Description Unit Cost Cost
Description Unit Cost Cost
Mobilization (20%) $15,000 $15,000
County of Santa Cruz/City of Santa Cruz Date:

Soquel Drive Buffered Bike Lane and Congestion Mitigation - Santa Cruz Segment Prepared By:

La Fonda to County Building Checked By:

Total Cost
Furnish and Install Server Rack Splice Case $3000 $3,000 $191,396
Contingency
Project Sub Total

12.67 Client: 5/12/2023
Project: DE
Location:

General Pre-Construction
% of Total 30.8% 38.4%
Item No. Unit Quantity
1 LS 1
2 LS 1
3 LS 1
Construction
Item No. Unit Quantity
4 LF
5 LF
6 LF 1,347
7 LF
8 EA
9 EA
10 EA
11 EA
12 EA
13 EA
14 EA 23
15 EA
16 EA
17 LF 11,660
18 LF
19 EA
20 EA
$473,590

10.00% $47,359
$520,949
$69,960
Furnish and Install 2-Cell Fabric Innerduct with Trace Wire $8 $0 Project Sub Total
Remove and Salvage Existing Interconnect Cable $6
$0
Construction Sub Total =
Furnish and Install Server Rack Fiber Optic Termination Panel $5500 Furnish and Install Server Rack Splice Case $3000 $0
$294,690
Furnish and Install 2" Smart LB Conduit Body Fitting $700 $0 Furnish and Install Small Form Factor Pluggable (at Cabinets) $800 $0 Furnish and Install 6E Pullbox $4,000 $0
Replace Ex Pullbox with 6E Pullbox $4,500 $103,500
Fiber Splicings and Terminations $125 $0
Furnish and Install N48 Pullbox $4,500 $0
Furnish and Install 12-Port Fiber Termination Panel $750 $0 Furnish and Install Splice Enclosure $3400 $0
Furnish and Install 2" Conduit $80 $0
Furnish and Install Fiber Optic Switch $5600 $0
Furnish and Install 12-Strand Fiber Optic Cable $9 $0
Furnish and Install 3" Conduit $90 $121,230
$0
Construction Area Signs and Traffic Control (30.8%) $107,800 $107,800 Potholing (38.4%) $48,000 $48,000
$178,900
Description Unit Cost Cost
Contingency
Total Cost
Shared Cost 50/50 Date:

Soquel Drive Buffered Bike Lane and Congestion Mitigation - Santa Cruz Segment Prepared By:

La Fonda to County Building Checked By:

Description Unit Cost Cost
Mobilization (30.8%) $23,100 $23,100
Furnish and Install 144-Strand Fiber Optic Cable $7

12.68 EXHIBIT C

REGULAR ENCROACHMENT PERMIT
[to be inserted]

12.69 Permit No.

REGULAR ENCROACHMENT PERMIT
The City of Santa Cruz (City) grantsto (“Permittee”) an encroachment permit to conduct the following: (“Activity”) on and along thatsection of the public right-of-way known as (Address) shown in Exhibit 1, incorporated herein by reference, to be used by Permittee. Said improvementshall serve assessor's parcel number: /or N/A.

Permittee shall maintain the affected right-of-way in a mannersatisfactory to the Director of Public Works of City, and shall maintain such in good repair, and in a clean, safe and sightly condition at Permittee's sole expense, all to the satisfaction of the Director of Public Works of City. Permittee shall perform work in the right-of-way using reasonable care so as to not damage or unreasonably interfere with use of the right-of-way by the public. City reserves the right to seek from Permittee any fees and costs relating to inspection, maintenance and/or repair of the public right-of-way, and/or related to this permit.

Permittee shall to the fullest extent permitted by law, defend, indemnify and hold the City, its officials, officers, employees, and agents (“City Parties”) harmless from any and all loss, claim, cost, liability, or expense (including attorneys’ fees) and from any judgments or damages to any person or property (collectively, “Claims”) arising out of, either directly or indirectly, or in connection with Permittee’s Activity, and/or the use of the public right-of- way by the Permittee, its officers, directors, employees, agents, or others acting on Permittee’s behalf or under Permittee’s authority or control (“Permittee Parties”).

Permittee shall further defend, indemnify, and hold the City Parties harmless from and against any Claimsto Permittee or any other person arising out of or in connection with City's issuance and/or revocation ofsaid permit to the fullest extent permitted by law.

Permittee’s obligation to indemnify the City Parties shall not extend to any Claims that are determined to be proximately caused by the sole negligence or willful misconduct of the City Parties.

Permittee shall obtain and maintain throughout the term hereof: 1) Commercial General Liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate for bodily and personal injury, property damage, including personal and advertising injury, products and completed operations. Such insurance shall be endorsed to name City and its officials, officers, and employees as additional insureds; 2) Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease (unless waived because Permittee has no employees; 3) other insurance required by the City. The insurance requirements must be met prior to commencing any work or Activity related to this permit and shall not be cancelled without prior notice to the City. Permittee shall present a certificate of insurance with required endorsements and insurance coverage shall be primary. If Permittee maintains broader coverage and/or higher limits than the above minimum, City shall be entitled to the broader coverage and/or higher limits maintained by Permittee.

Permittee agrees to comply with all applicable laws, and obtain required permits and approvals related to the work.

This permit shall be revocable by City at any time and without further notice. Within thirty (30) days after receiving notice from City of revocation of this permit, Permittee shall, upon demand from City, at his/her/its sole cost and expense, remove all improvements installed by Permittee pursuant to this permit, and shall restore the premises as nearly as practicable to its condition prior to such installation.

This permit is not transferable. This permit does not release Permittee from any obligations contained in other agreements or contracts with the City and Permittee is required to comply with any and all other applicable permits, rules, and laws.

This permit is effective on the date indicated below. This permit may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’ssignature shall be treated the same as an original.

Effective Date:________________________________ City Council Approval Date:_____________________________

CITY OF SANTA CRUZ PERMITTEE
BY_____________________________ BY___________________________________ Director of Public Works
Print Name: ________________________
Approved as to Form: Title: _____________________________ Phone: ____________________________
_________________________ Email: ____________________________ Office of the City Attorney

Rev. 04/06/2022 12.70
EXHIBIT D: INSURANCE
Contractor’s Insurance
Prior to commencement of construction, Contractor for the City Portion of Improvements will maintain and comply with the Insurance Requirements as set forth below. Contractor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work described in the County/Contractor Construction Contract or contract documents. The insurance coverages required shall not in any way limit the liability of the Contractor.

In the event that the County fails to require its contractors, subcontractors, or others acting under its authority to maintain the insurance coverage specified in this section, then the County shall be liable to City for any coverage shortfalls.

1. Certificate Requirements
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

2. Minimum Scope and Limits of Insurance
Contractor shall acknowledge that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Contractor maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $4,000,000 AGGREGATE
Proof of coverage for $2 Million per occurrence and $4 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.

12.71  AUTOMOBILE LIABILITY:

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

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

3. Other Insurance Provisions
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and automobile insurance policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).  PRIMARY COVERAGE
For any claims related to this Agreement, Contractor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Contractor’s insurance and will not contribute with it.
 NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 WAIVER OF SUBROGATION
Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement. that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

12.72  EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Contractor may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, SelfInsured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
 DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
 ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
 SUBCONTRACTORS
Contractor shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each subcontractor. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City, its officers, officials, employees, and agents are named as additional insureds on insurance required from its subcontractor(s).  VERIFICATION OF COVERAGE
Contractor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, and automobile policies listing all policy endorsements to be approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning ll

12.73 not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Contractor Acknowledgement:

The undersigned, as the authorized representative for Contractor acknowledges these insurance requirements and understands that they are required for Contract’s construction of the Project. _____________________________ Dated: ___________________________ Name: _______________________
Contractor’s __________________

12.74 City Council

AGENDA REPORT
DATE: 09/21/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Public Works
SUBJECT: Grinding Service for Green Waste, Wood Waste, and Construction and Demolition Material – Award Contract (PW)
RECOMMENDATION: Motion to accept the change order from Vision Recycling (Fremont, CA) for additional grinding service for green waste, wood waste, and construction and demolition material in the amount of $87,800, for a total contract amount of $170,727. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: The City receives approximately 1,000 tons per month of green waste and wood waste through the curbside program, drop-off at the Resource Recovery Facility (RRF), and recovery of wood from construction and demolition (C&D) loads at the landfill. Staff attempts to divert these materials to their highest beneficial reuse. Clean (unpainted and untreated) wood and stumps are ground up and hauled off for composting by a local farmer.

Ground wood and green waste are also sometimes used at the RRF for erosion control purposes.

Materials such as painted wood, plywood, and roofing shingles, which would otherwise have to be buried in the landfill, can be grounded and used as alternative daily cover for the landfill, reducing space that soil cover would use up.

The City of Santa Cruz is required to meet the waste diversion goals set by the State’s waste board, CalRecycle. This ground up material make a significant contribution to our current overall landfill diversion rate, which is approximately 53% in 2022.

The RRF uses a contractor to process wood, green waste and C&D materials with portable grinding equipment. Depending on the volume, the contractor processes material every 6-8 weeks to meet state regulatory requirements, avoid fires, and ensure that the materials meet the specifications of the end users.

DISCUSSION: Vision Recycling provided grinding services for the month of August 2023 in the amount of $ 82,927.00. As of August 2023, there has been a 33% surge in the collection of green waste, wood waste, and C&D material compared to 2022, and additional grinding services are required. Staff reached out to four companies, and Vision Recycling submitted the most competitive bid. Staff recommends awarding the work in the form of a contract change order to

13.1 the lowest and responsible bidder, Vision Recycling. This second contract will result in Vision Recycling being awarded over $100,000 of work, requiring Council approval.

FISCAL IMPACT: Funds are available in the FY 2024 Refuse Fund budget. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

13.2 City Council

AGENDA REPORT
DATE: 09/21/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Public Works
SUBJECT: Bay Drive Protected Bike Lanes and Pedestrian Path (c402304) – Reject All Bids (PW)
RECOMMENDATION: Motion to reject all bids for the Bay Drive Protected Bike Lanes and Pedestrian Path (c402304)
BACKGROUND: At its May 9, 2023 meeting, City Council approved the plans and specifications for the Bay Drive Protected Bike Lanes and Pedestrian Path (c402304) and authorized staff to advertise for bids and award the contact.

DISCUSSION: The approved project plans and specifications were advertised for bids on August 18, 2023, and bids were publicly opened on September 7, 2023. Two bids were received and are as follows:

S&H Construction, Inc. (Fremont, CA) - $563,815.00
Precision Grade, Inc (Salinas, CA) - $674,488.50
The engineer’s estimate was $383,702.65. Staff has evaluated the bids and found them to be responsible and responsive, with S&H Construction, Inc. as the apparent low bidder, though higher than available funding. The current bidding climate is not very competitive as contractors are fully engaged in private and public projects. Many local projects are significantly exceeding cost estimates and receiving few bids.

Staff recommends rejecting all bids due high bids and lack of funding. The design team will restructure some of the bid items to reduce the overall cost of the project. In addition, staff has secured other funding for projects on the broader Bay Corridor and will seek to combine this segment with other projects to receive more favorable costs. With a more economical design and additional funding, the project will be completed as part of a broader scope within the next 2-4 years.

FISCAL IMPACT: The project (c402304) is funded in the current fiscal year from Transportation Development Act State grant and Measure D. There is no impact to the General Fund.

14.1 Prepared By:

Dan Estranero
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director Of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

14.2 City Council

AGENDA REPORT
DATE: 09/21/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Public Works
SUBJECT: Caltrans Sustainable Transportation Planning Grant Award - Active Transportation Plan Update (PW)
RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing the City Manager to execute agreements with the California Department of Transportation for the City of Santa Cruz Active Transportation Plan Update, and 2) Adopt a resolution amending the FY 2024 budget and appropriating funds in the amount of $434,850 to fully fund the Active Transportation Plan Update (c402408).

BACKGROUND: At its April 11, 2023 meeting, City Council authorized the City Manager to apply for, accept, and appropriate funds from the California Department of Transportation Sustainable Transportation Planning Grant Program for the Active Transportation Plan Update.

On August 31, 2023, the City of Santa Cruz (City) received a notice of award for the grant. In order to execute the grant agreement and begin work, the grant requires Council to adopt the attached resolution.

DISCUSSION: The City was one of the first agencies in the state to complete an Active Transportation Plan in 2017. Since then, many projects from that plan have been implemented, enhancing the accessibility and safety of the City transportation network. An update to the 2017 plan will ensure the City remains competitive for future transportation grant opportunities and stay at the forefront of progressive planning around all dimensions of active transportation.

Updating the plan will include hiring a consultant team to assist with the process in order to deepen community engagement, especially with disadvantaged communities, offer additional tools for outreach and communications, and build on experiences from other public agencies that have successfully implemented progressive Active Transportation Plans.

In this iteration of the Active Transportation Plan, the Vision Zero framework will be used to assess, recommend, and determine an implementation framework for active transportation projects. Additionally, staff aims to utilize community partners who are “trusted messengers” in community engagement in order to maximize engagement with a wider variety of voices.

The City was awarded $384,973 in grant funding, matched with $49,877 in city staff time. In order to execute this grant, the program requires the attached resolution be approved.

15.1 Policy Support:

The Active Transportation Plan assists implementation of a General Plan Goal M4: “citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways” The Climate Action Plan has a goal to increase active mode share to 30% by 2023. Through the programs, policies, and projects in the Active Transportation Plan, this will help to achieve these General Plan and Climate Action Plan goals by prioritizing a list of projects and identifying funding to close gaps in the bicycle and pedestrian network and make Santa Cruz an easier place to move about using active modes.

FISCAL IMPACT: The total project cost is $434,850. This project is funded by Caltrans at a rate of 88.53%, with a required 11.47% local match. The local match of $49,877 will be funded by direct staff time. There is no impact to the General Fund.

Prepared By:

Claire Gallogly
Transportation Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. BUDGET ADJUSTMENT.PDF

15.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR THE CITY OF SANTA CRUZ ACTIVE

TRANSPORTATION PLAN UPDATE
WHEREAS, the City Council of the City of Santa Cruz is eligible to receive Federal and/or State funding for certain transportation planning related plans through the California Department of Transportation;
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program;
WHEREAS,the City of Santa Cruz wishes to delegate authorization to execute these agreements and any amendments thereto
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

Authorize the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation PASSED AND ADOPTED this 10th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

15.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

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

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

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

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE
/PWFNCFS


 Clear Form
2024
10/10/2023
The City will begin to update the Active Transportation Plan in FY 24. This will result in a plan to guide active transportation investments. 311-40-64-9330-43232 c402408-216-5026-0 State Capital Grants - Cal Trans 384,973 Active Transportation Plan Update
311-40-64-9330-43251 c402408-149-4000-0 State Capital Grants -TDA 49,877 Active Transportation Plan Update
434,850
311-40-64-9330-57307 c4024408-100-2020-0 Pedestrian/bike systems 434,850 Active Transportation Plan Update
434,850
0 Claire
Gallogly
Digitally signed by Claire Gallogly
DN: cn=Claire Gallogly, o=City of Santa Cruz,
ou=Public Works,
[email protected], c=US
Date: 2023.09.22 13:12:41 -07'00'
Nathan
Nguyen
Digitally signed by
Nathan Nguyen
Date: 2023.09.20
17:36:38 -07'00'
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2023.09.22
15:37:14 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.09.27 13:43:10 -07'00'

15.4 1
Rosemary Balsley
From: Bonnie Bush
Sent: Monday, October 09, 2023 7:14 AM
To: City Council
Subject: FW: Vision Zero Plan Input

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 Public Records Requests may be submitted online via the Public Records Request form, by email, or by hard copy form available at the City Clerk’s Office located at 809 Center Street, Room 9, Santa Cruz, CA 95060.

Please note: Public Record Act Requests submitted via email, fax, USPS, or dropoff after 5:00 p.m. on a business day, Saturdays, Sundays, or holidays will be processed as received on the next open business day. The 10‐day response period begins when the request is received. ‐‐‐‐‐Original Message‐‐‐‐‐
From: Malloryangeli <[email protected]>
Sent: Monday, October 9, 2023 7:13 AM
To: Bonnie Bush <[email protected]>
Subject: Vision Zero Plan Input
Hello,
I would like to submit my comments for the Vision Zero Plan for the Council meeting tomorrow.

I would like to see way more speed bumps, speed limit signs, green bike lanes and blinking signs that show speed on routes to city schools.

We currently bike to DeLaveaga school past Harbor high and up LaFonda and it is extremely dangerous, even with the current bike lanes. Morrissey blvd is a connector to B40 middle school and it is extremely dangerous.

We need to do as much as we can to slow down drivers. It should not be the responsibility of children to bear the burden. Drivers need to be responsible, slow down, and be aware.

15.5 2
We also need to pursue the “no right turn on red” that other cities such as San Francisco and New York are pursuing. The data shows that pedestrian accidents happen when drivers encroach on the crosswalk and are in a hurry to turn right. No turn in red will require people to slaps down and stay out of the crosswalk.

Further, we need to explore allowing bicycles to slow down at an intersection, and if clear, proceed without stopping. The research also shows that bicycle accidents happen in intersections, so allow bikes to get on and out. California legislature passed this law based on the research but Newsom vetoed it, as he had not been informed of the research.

West Cliff is not the only neighborhood that sees impacts of traffic being rerouted. We live off of Morrissey in the Banana Belt whenever Hwy 1 gets backed up, people use our quiet neighborhood to bypass traffic and get to Soquel. We have no speed bumps and during rush hour, Fairmount, Park and Trevethan become speedways. Our kids have to know to stay off the streets because cats go way too fast and don’t want to stop or slow down for them. Again making kids responsible rather than adults.

Lastly, we need our police to patrol neighborhoods and issue traffic violations. We should have an officer assigned to each neighborhood and monitor speeding. Especially around schools at drop off and pick up. And during rush hour. We need to keep our kids safe.

Thank you for your time,
Mallory Newell

15.6 City Council

AGENDA REPORT
DATE: 09/21/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Water
SUBJECT: Water Supply Augmentation Planning (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute the Fifth Amendment to the Professional Services Agreement for Phase 2 Recycled Water Facility Study/Water Supply Augmentation Implementation Plan in the amount of $388,146 with Kennedy Jenks (San Francisco, CA) in a form to be approved by the City Attorney.

BACKGROUND: In October 2015, the citizen-led Water Supply Advisory Committee (WSAC) reached consensus among its 14 members and recommended a strategy to deliver longterm water supply security to the City of Santa Cruz water customers. The strategy included the following three water resource management options:
1) Strengthened water conservation to reduce demand for water; 2) Groundwater storage through water transfers, exchanges, and/or aquifer storage and recovery (ASR); and
3) Advanced-treated recycled water or desalinated water.

All elements of the WSAC work plan have been analyzed simultaneously; below are several key milestones:
• Water demand objectives have been met through implementation of a variety of conservation measures and other externalities influencing water use (e.g., water use restrictions that once lifted, did not result in rebounded water use, and changes in the water pricing structure to a more volume-based rate structure);
• In 2016, water transfer testing with Soquel Creek Water District began; • In 2019, recycled water was prioritized over desalination and analyzed on a consistent basis; • In 2020, implementation of ASR in existing groundwater production wells in the Beltz Wellfield began, and currently, the design of permanent ASR wells is occurring at two existing groundwater wells in the Mid County Groundwater Basin (MCGB) and will be operating at full scale by mid-2025;
• In 2022, a $7.6 million grant was received through the Department of Water Resources to support the development of additional groundwater management strategies in the MCGB; • In 2022, a $9.5 million grant was received through the Department of Water Resources to support the design and construction of an intertie between Scotts Valley Water District and the City of Santa Cruz to support conjunctive use of resources; and

16.1 • In 2022, City Council adopted the Securing our Water Future Policy establishing the framework for long-term implementation of water supply augmentation initiatives to meet WSAC water security and reliability goals.

DISCUSSION: In November 2019, City Council authorized the execution of an agreement with Kennedy Jenks to advance the opportunities available for the beneficial use of recycled water.

Four amendments have been authorized to date to include climate modeling input to the water supply planning work, to broaden the suite of water supply alternatives given in part by the advancements made by Soquel Creek Water District with the Pure Water Soquel project, to include work with regional partners developing the projects contained in the two approved Groundwater Sustainability Plans (GSPs), for Santa Cruz Mid-County and Santa Margarita groundwater basins, and to develop a road map for implementation known as the Water Supply Augmentation Implementation Plan.

As described in the attached scope of work, this Fifth Amendment supports finalizing and transitioning to the new Santa Cruz Water System Model, with its advanced climate scenario modeling capability, including providing for an additional year of technical support, and development of a user-manual and City-staff training. Additional tasks in this amendment provide support for further collaboration with regional partners occurring under the two GSPs.

As with all work related to the Water Department’s Water Supply Augmentation Strategy work plan, this work will be vetted through the Water Commission and is scheduled for completion in December 2024.

FISCAL IMPACT: Funds are available in the Water Department Capital Investment Program FY 2024 c701705 Water Supply Augmentation.

Prepared By:

Heidi R. Luckenbach
Deputy Director/Engineering
Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FIFTH AMENDMENT.PDF

16.2 City of Santa Cruz Fifth Amendment to Professional Services Agreement for Phase 2 Recycled Water Feasibility Study
October 2023 Page 1

FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PHASE 2 RECYCLED WATER FEASIBILITY PLANNING STUDY/WATER SUPPLY AUGMENTATION

IMPLEMENTION PLAN
THIS FIFTH AMENDMENT(“Fifth Amendment”), effective as of _________, TO THE PROFESSIONAL SERVICES AGREEMENT for Phase 2 Recycled Water Feasibility Study dated December 20, 2019, is made by and between the City of Santa Cruz (“City”) and Kennedy/Jenks Consultants, Inc. (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated December 20, 2019, which is incorporated by this reference, and WHEREAS, First Amendment was executed May 14, 2020, to incorporate Scope of Work, Schedule and Budget for work related to the development of a Water Supply Augmentation Implementation Plan and Performance of a Water System Resilience Assessment, and WHEREAS, Second Amendment was executed June 30, 2020, to incorporate clarifying language into the Agreement for the purposes of accounting and report requirements for a potential grant award, and WHEREAS, Third Amendment was executed February 11, 2022, to develop an enhanced Water Supply Augmentation Implementation Plan using more comprehensive set of technical data, and WHEREAS, Fourth Amendment was executed September 22, 2022, to augment the work being performed on climate modeling, risk assessment and economic analyses for a single additional year, and WHEREAS, the City is seeking another year of climate model development and training support to staff, as well as development of projects within the two groundwater sustainability basins, and WHEREAS, City and Consultant desire to amend the Agreement as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:

1. Exhibit A: Scope of Work of the Agreement is hereby amended to add Tasks 18 through 20 per Consultant’s letter dated September 19, 2023, which is attached to this Fifth Amendment as Exhibit A-5 and incorporated herein.

2. Exhibit B: Fee Schedule of the Agreement is hereby amended to add $388,146 per Tables 3 and 4 of Exhibit A-5. The new not to exceed amount for this contract is $1,853.929.00. The parties

16.3 City of Santa Cruz Fifth Amendment to Professional Services Agreement for Phase 2 Recycled Water Feasibility Study
October 2023 Page 2
also agree to a new schedule of charges effective as of July 1, 2023, which is referenced in Exhibit A-5.

3. Exhibit C: Work Schedule of the Agreement is hereby amended to include the WSAIP schedule per page 8 of Exhibit A-5.

Except as amended by this this Fifth Amendment, all other terms and conditions of the original Agreement, its attachments, and all prior Amendments, shall remain in full force and effect. The terms of this Fifth Amendment shall control if any conflict exists.

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

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

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

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

IN WITNESS WHEREOF, the City and the Consultant have executed this Fifth Amendment effective as of the date shown above.
[SIGNATURES ON FOLLOWING PAGE]

16.4 City of Santa Cruz Fifth Amendment to Professional Services Agreement for Phase 2 Recycled Water Feasibility Study
October 2023 Page 3

Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney, Ashley Wheelock
KENNEDY/JENKS CONSULTANTS INC.

By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer CITY OF SANTA CRUZ WATER DEPARTMENT:

By: _____________________________ Date: __________________ Rosemary Menard, Water Director
Technical Review By:

By: _____________________________ Date: __________________ Heidi R. Luckenbach, Deputy Water Director / Engineering Manager CITY OF SANTA CRUZ:

By: _____________________________ Date: __________________ Matt Huffaker, City Manager
September 25, 2023

16.5 275 Battery Street, Suite 550
San Francisco, California 94111
415-243-2150
19 September 2023
Heidi Luckenbach
Santa Cruz Water Department
212 Locust St., Suite C
Santa Cruz, CA 95060
Subject: Recycled Water Feasibility Study (RWFS) – Phase 2 Amendment #5 to Purchase Order #91-20033
Dear Ms. Luckenbach,
Kennedy Jenks (KJ) is under a Professional Services Agreement with the City of Santa Cruz (City) to perform a Phase 2 Recycled Water Feasibility Study (Phase 2 RWFS). KJ’s contract for the Phase 2 RWFS effort was effective in December 2019. The work was amended in May 2020, June 2020, February 2022, and September 2022 to include technical support for:
1) Developing a Water Supply Augmentation Implementation Plan (WSAIP) in support of the City’s Water Supply Augmentation Strategy (WSAS). The WSAIP would compare alternative water supply options to determine which alternative or combination thereof provides a resilient and reliable water supply for the City to meet water demands during changing climatic conditions. The WSAIP will incorporate the findings from efforts from the RWFS Phase 2, as well as other work being developed by the City and/or under separate contracts with others. 2) Assessing the resiliency and vulnerability of the City Water Supply System under varying climate and weather model generated conditions, to evaluate the impact of different water supply augmentation strategies as adaptation measures – led by subconsultant University of Massachusetts (UMass).
3) Perform an economic analysis of water shortages to understand the economic impacts to the community and region from different levels of water curtailments – led by subconsultant Raucher, LLC.

This fifth amendment is intended to provide additional support for the vulnerability assessment of the WSAIP supply options, provide alignment of the WSAIP with ongoing parallel studies led by City separate from this contract.

Exhibit A

16.6 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Authorized work under Purchase Order #91-20033, effective on December 20, 2019, included the following nine tasks:
• Task 1 – 2018 RWFS Overview
• Task 2 – Recycled Water Regulatory Update
• Task 3 – Phase 2 Alternatives Development and Analysis • Task 4 – Coordination with Aquifer Storage and Recovery Project • Task 5 – RWFS Phase 2
• Task 6 – Project Management and Program Coordination
• Task 7 – As-Requested Services
Amendment #1, signed on May 14, 2020, authorized the following three tasks:
• Task 7.1 – WSAIP Coordination and Support (KJ)
• Task 8 – Triple Bottom Line (TBL) Based Assessment (Raucher, LLC) • Task 9 – Vulnerability Assessment and Adaption Planning (HG) Amendment #2, signed on June 24, 2020, did not amend the scope of work or fee schedule, but specified miscellaneous provisions for project recordkeeping.

Amendment #3, signed on February 11, 2022, authorized the following four tasks:
• Task 10 – WSAIP Project Management and Program Coordination • Task 11 – WSAIP Technical Tasks
• Task 12 – ASR Technical Tasks
• Task 13 – WSAIP Implementation Plan
Amendment #4, signed on September 20, 2022, authorized the following four tasks:
• Task 14 – Vulnerability and Economic Assessment Program Management • Task 15 – Economic Analysis of Water Shortages
• Task 16 – Vulnerability Assessment - Alternatives Analysis • Task 17 – Vulnerability Assessment & WSAIP/SOWF Support Amendment #5 proposes the additional following four tasks:
• Task 18 – WSAIP Program Management
• Task 19 – WSAIP supporting Tasks
• Task 20 – Evaluation of Water Supply Portfolios
Work will be conducted in accordance with the terms and conditions set forth in the Professional Services Agreement, Recycled Water Feasibility Planning Study (RWFS) - Phase 2, with the City of Santa Cruz, Water Department (SCWD) effective 20 December 2019. This work will be authorized as an Amendment #5 to Purchase Order #91-20033.

16.7 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Amendment #5 Scope of Work
The proposed scope of work for Amendment #5 includes the following tasks:

Task 18 – WSAIP Program Management
Program management includes submittal of monthly project status reports and invoices, regular check in calls, internal coordination to keep the project on schedule and budget, updates to the project schedule and QA/QC program to be applied throughout the duration of the project. This task includes budget for additional status coordination meetings and project management for the increased scope of work. The scope herein assumes completion of the scope effort by December 2024.

18.1 Project Management and Internal Coordination
KJ will provide project management focused on control of project costs, maintaining project schedule requirements, identifying key issues, and delivering quality documents. Project management will include directing the work of the team so that the work is accomplished on time and within budget. This subtask includes project setup for this amendment, the development of a project schedule for added tasks, and internal coordination for the KJ Team.

18.2 Project Status Calls
The scope assumes the following meetings and calls:
• Ongoing Biweekly status check in calls with City staff: assumed up to 16 additional status calls to be completed by this effort. Calls are assumed to be 1-hour virtually attended by the KJ PM, an additional KJ staff, and the City PM and supporting staff to discuss current activities and any needs for additional input or information.

KJ will provide conference call-in information and web-desktop sharing for conference calls. Supporting team members and/or subconsultants may be invited to participate as-needed. A running-action item list will be developed and updated during each call to keep track of the status of key action items. KJ will provide an agenda and supporting material in advance of the meetings and brief notes following the meeting.

18.3 City Commission Presentations
The scope assumes KJ team will support for two additional Commission meetings in support of completion of the WSAIP efforts (or Joint Council/Commission Meetings) with City staff. • Commission Meeting #1: WSAIP Adaptive Portfolio (Aug 2024) – The purpose of this Commission meeting is to presents the evaluation of the water supply portfolios to address the City’s water supply gap

16.8 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx • Commission Meeting #2: DRAFT WSAIP (Nov 2024) – The Draft Report will be presented at the Commission or Joint Commission/Council meeting to summarize the study outcomes and next steps for implementation of the Adaptive Water Supply Portfolio.

The commission meetings are assumed to be 2-hours in duration and attended in person by the KJ PM and virtually by other KJ technical staff. KJ will provide an agenda, slides and supporting materials in advance of the meeting for the City’s review.

18.4 Monthly Reporting and Invoices
Communications with the City will include monthly project status reports describing the work accomplished and status of the budget and schedule. The scope provides budget for a 12-month management of additional invoices by subconsultants and KJ for completion by December 2024. This task assumes submittal of additional 12 status reports and invoices beyond the prior effort scoped. The monthly project status reports will describe the following, as appropriate:
• Description of work performed, and milestones achieved, • Actual cost separated by task,
• Updated schedule
KJ will continue using the same monthly project status reports and invoice templates as used so far for this contract.

18.5 Quality Assurance/Quality Control
Quality assurance and quality control (QA/QC) activities are integrated into KJ’s project management system from project inception, through execution to final document submission. KJ uses experienced senior staff, familiar with, but not directly involved in the project work, to provide QA/QC review of work products and project deliverables. All submittals and deliverables from subconsultants and KJ will be reviewed by senior engineers prior to submittal to the City.

Task 18 Assumptions:
• Up to 16 status calls (approximately every two to three weeks) with the core City team. • 2 Commission Presentations.
• Preparation of additional 12 monthly invoices and reports. • Subconsultant time to attend meetings and calls is included in the technical tasks.

Task 18 Deliverables:
• Monthly invoices with required backup (Electronic PDF). • Monthly progress status reports (Electronic PDF).
• Baseline and monthly schedule updates (Electronic PDF). • Meeting agendas, supporting materials, and meeting notes (Electronic PDF).

16.9 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Task 19 – WSAIP Supporting Tasks
Supporting tasks for the WSAIP include training support for the City on use of the Santa Cruz Water System Model (SCWSM), and support to the City with regional studies and water supply efforts being conducted in parallel to the WSAIP but which findings are to be incorporated into the WSAIP analysis.

Task 19.1 SCWSM Supporting Tasks
This task is intended for support with the modeling of the WSAIP water supply portfolio alternatives, led by UMass. The supporting tasks will include:
• Develop a model assumptions table to use for modeling the WSAIP portfolios. • Participate in up to 24 meetings with UMass staff and City personnel to discuss model results and progress on WSAIP portfolios analysis. KJ will support with meeting agendas and notes.

Meetings are all assumed to be conducted virtually and be 1 hr in duration. • Provide review comments on the draft and final versions of the Technical Memorandum of the vulnerability analysis of WSAIP portfolios, prepared by UMass under task 20.

The results from the portfolios evaluated will be documented as part of the WSAIP deliverable (listed under Amendment #3).

Task 19.1 SCWSM Training
The KJ team will support the City with the development of the training materials to document the steps necessary for City staff to use the SCWSM developed by UMass, and run model simulations to obtain updated results. The training support tasks will include:
• Prepare a SCWSM Model Log to document model runs, assumptions used, and model results.

Maintain the model log up to date during the completion of the WSAIP efforts. • Participate in up to 12 meetings led by UMass staff to train City and KJ personnel on the development and use of the Santa Cruz Water System Model. Document findings from the training sessions.
• Prepare a SCWSM training reference guide in collaboration with City staff and UMass to document the steps required to run the model, make any modifications to the model code, and obtain updated results.

The training reference guide will be a living document, that gets updated by KJ, City, and UMass staff as the training sessions are in progress to document the steps required to run the model. Once the training sessions are completed, KJ will provide the consolidated draft training reference guide for the City to review and provide comments within 10 work days or receiving the draft document. After comments are received KJ will finalize the training reference guide.

UMass efforts to support with SCMWS training are covered under task 20.

16.10 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Task 19.3 WSAIP Supporting Tasks
The KJ team will provide support with regional efforts for water supply projects that are not part of this scope of work and that involve collaboration with other agencies. These water supply efforts being conducted in parallel to the WSAIP will help with the development of the WSAIP portfolio alternatives.

Supporting tasks include:
• Mid County Optimization Study: Participate in project regular meeting discussions and technical workshops to provide support with evaluation of ASR project in the Mid County. KJ will provide support reviewing up to 7 technical memorandums.
• Santa Margarita Basin Alternatives: participate in up to 4 meetings with agencies involved in the Santa Margarita Basin Groundwater Sustainability Agency (SMGSA) for planning water augmentation projects in the Basin, including meetings with Scotts Valley Water District (SVWD) and SMGSA.

Task 19.3 WSAIP Supporting Tasks
This task is to provide additional support as requested and approved by the City for the following potential additional tasks such as:
• Developing desalination projects as part of the WSAIP portfolios. This effort could include conceptual sizing of facilities, updates in latest permitting requirements, refining of treatment assumptions or cost estimates.
• Support with additional technical coordination calls. Assumed up to 8 virtual 1 hr calls. • Additional support for: WSAIP tasks, SCWSM training materials or participating in additional training sessions.

If additional budget is required to complete supporting tasks requested by the City, a scope modification would be required.

Task 19 Assumptions:
• Development of WSAIP Portfolio assumptions list
• Attend up to 24 model results discussion calls with UMass personnel and City staff, attended virtually, and assumed to be 1hr duration.
• Review draft and final Technical Memorandum of the vulnerability analysis prepared by UMass under Task 20.
• Attend up to 12 model training calls led by UMass personnel, attended virtually, and assumed to be 1hr duration.
• Development of SCWSM Training Guide.
• Assumed 180 hours of additional staff labor allowance for WSAIP supporting tasks as requested by the City.

16.11 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Task 19 Deliverables:
• Meeting agendas and meeting notes (Word file).
• Water Supply Portfolio Model Assumptions List (Excel file) • Model log, documenting model runs, assumptions, and results (Excel file) • Draft SCWSM Training reference guide on the use of the SCWSM. (Word file, PDF) • Final SCWSM Training reference guide on the use of the SCWSM. (Word file, PDF) Task 20 – Evaluation of Water Supply Portfolios
Task 20 will be led by Dr. Casey Brown and Dr. Baptiste Francois, assisted by the research team from the UMass. The work to be completed involves two tasks, which are described in greater detail in Attachment B. KJ will collaborate with and support UMass efforts through Task 19. This task does not include any KJ effort.

Task 20.1 WSAIP Alternatives Analysis
The UMass team will complete the following tasks:
1) Evaluation of water supply portfolio alternatives for development of the WSAIP with variations of project options, operational scenarios, and climate conditions. 2) Participate in up to 24 meetings with City and KJ staff to present model results. Meetings will be 1 hr in duration and attended virtually.
3) Prepare materials and attend 2 Water Commission presentations, assumed to be 2 hr in duration and attended virtually.
4) Provide summary of model assumptions and results for maintenance of model run log (tables, spreadsheets)
5) Prepare a draft and final Technical Memorandum of the vulnerability analysis of WSAIP portfolios
Attendance of KJ staff to the meetings to present the model results is covered under the effort scoped in Amendment #4.

Task 20.2 Capacity Building
The Umass team will complete the following tasks:
1) Participate in up to 12 meetings to train City staff and KJ personnel on the development and use of the Santa Cruz Water System Model.
2) Prepare training slides and materials for up to 12 training sessions.

KJ support for training materials and attendance for training meetings is scoped under Task 19.

16.12 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Task 20 Assumptions:
• Attend and prepare materials for up to 24 results progress check in calls with City staff (biweekly), attended virtually and assumed to be 1hr duration. • Attending and preparing materials for up to 2, Water Commission Presentations, attended virtually and assumed to be 2 hr duration.
• Attend and prepare materials for up to 12 model training calls with City staff, attended virtually and assumed to be 1hr duration.
• Prepare a draft and a final technical memorandum with results of the WSAIP portfolios evaluation (electronic word and PDF files).
• Umass efforts for task 20 are expected to be completed between October 2023 and October of 2024.

Task 20 Deliverables:
• Progress check in calls materials and summary result tables (Electronic, PowerPoint) • Materials and presentation slides for Water Commission meetings (Electronic, PowerPoint) • Summary of model log assumptions and results to be continuously updated. • Draft WSAIP Portfolios Assessment Technical Memorandum (Electronic word, PDF). • Final WSAIP Portfolios Assessment Technical Memorandum (Electronic word, PDF).

Anticipated Project Schedule
A high-level project schedule of anticipated deliverable dates is included in Table 2. A detailed project schedule will be provided upon receiving NTP as part of the PM effort under task 19.

Table 2: Summary of Scope Task Deliverables
Deliverable
Anticipated
Start Date*
Anticipated
End Date Notes
Executed Agreement Oct 2023
Notice to Proceed Oct 2023
Commission Meeting #1 Aug 2024 WSAIP Adaptive Portfolio Commission Meeting #2 Nov 2024 Presentation of Draft WSAIP Task 19 – Deliverables Oct 2023 Dec 2024 SCWSM Log, Training Reference Guide, Portfolios Assumptions List
Task 20 – Deliverables Oct 2023 Dec 2024 Draft and Final TM for Portfolios Analysis
* Actual dates to be confirmed upon NTP
Exhibit C

16.13 Heidi Luckenbach
Santa Cruz Water Department
19 September 2023

P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx Budget Modification
A summary of the original scope and budget modification for Amendment #1, #3, and #4 is shown in Table 3. Amendment #2 did not include a budget modification. A detailed fee estimate for Amendment #5, by subtask, is included in Table 4.

16.14 Table 3: Summary of Budget
Tasks Total Est
Hours
Total KJ
Labor Raucher LLC Colleen Donovan
Carolyn
Wagner
Casey Brown,
HG
Total
Expenses
Total Labor +
Sub + Expenses
Task 1 – 2018 RWFPS Overview 35 $8,315 - - $105 $8,420
Task 2 – RW Regulatory Update 26 $5,870 - - $78 $5,948
Task 3 – Phase 2 Alternatives Development and Analysis 427 $98,955 - - $6,231 $105,186 Task 4 – Coordination with Aquifer Storage and Recovery Project 46 $12,310 - - $138 $12,448 Task 5 – RWFPS Phase 2 236 $50,560 - - $1,030 $51,590
Task 6 – PM and Program Coordination 291 $71,410 - - $4,998 $76,408 ORIGINAL SCOPE (Tasks 1 - 6) 1,061 $ 247,420 $ - $ - $ 12,580 $ 260,000 Task 7 – As-Requested Activities 232 $47,400 - - $1,961 $49,361 Task 8 - TBL Based Assessment - - $203,500 - $0 $203,500 Task 9 - Vulnerability Assessment and Adaption Planning - - - $243,344 $0 $243,344 AMENDMENT # 1 SCOPE (Tasks 7 - 9) 232 $ 47,400 $ 203,500 $ 243,344 $ 1,961 $ 496,205 Task 10 – WSAIP PM and Program Coordination 248 $59,620 - - $7,700 $67,320 Task 11 – WSAIP Technical Tasks 241 $51,295 - - $4,400 $55,695 Task 12 – ASR Technical Tasks 488 $108,520 - - $2,200 $110,720 Task 13 – WSAIP Implementation Plan 528 $114,890 - - $1,375 $116,265 AMENDMENT # 3 SCOPE (Tasks 10-13) 1,505 $ 334,325 $ - $ - $ 15,675 $ 350,000 Task 14 - Vulnerability & Economic Assessment PM 232 $54,517 $550 $55,067 Task 15 - Economic Analysis of Water Shortages 0 $0 $0 $12,750 $16,400 $2,750 $31,900 Task 16 - Vulnerability Assessment - Alternatives Analysis 0 $0 $183,620 $0 $183,620 Task 17 - Vulnerability Assessment Support 418 $88,442 $550 $88,992 AMENDMENT # 4 SCOPE (Tasks 14-17) 650 $142,958 $0 $12,750 $16,400 $183,620 $3,850 $359,578 Task 18– WSAIP Program Management 248 $ 61,547 $550 $62,097 Task 19 – WSAIP Supporting Tasks 572 $ 128,846 $0 $128,846 Task 20 – Evaluation of Water Supply Portfolios $ 197,203 $0 $197,203 AMENDMENT # 5 SCOPE (Tasks 18-20) 820 $190,393 $0 $0 $0 $197,203 $550 $388,146 Task 1 - 20 Total 4,268 962,496 203,500 12,750 16,400 624,167 34,616 1,853,929 Exhibit B

16.15 Closing
We look forward to continuing to work with you to support the City with the continued development of a Water Supply Augmentation Implementation Plan. Please do not hesitate to contact us with any questions on this proposal.

Very truly yours,

KENNEDY JENKS
Claudia Dawn Taffler, PE, LEED®
KJ Project Manager KJ Principal-in-Charge

16.16 Table 4: Detailed Fee Estimate

16.17 16.18
Heidi Luckenbach
Santa Cruz Water Department
19 September 2023
Page ii
P:\_Public\City Council Reports\2023 City Council\10-10-2023\KJ CA5\Exhibits SantaCruz_Amendment5_LetterScope_9.19.23V2.docx 16.19 Brittany Inclan
From: Garrett <[email protected]>
Sent: Thursday, October 5, 2023 7:12 PM
To: City Council
Subject: 10.10.23 Agenda Item #16 Water Augmentation

10.10.23 Agenda Item #16 Water Augmentation
Dear Council,
The brief summary included here states the Water Supply Advisory Committee was "citizen led" which is technically true, but was appointed by city council which means it was a creation of the city council.

The reality is, nobody knows what the water future holds for Santa Cruz. People were screaming drought for a few years, then to everyone's surprise, we got a literal flood of rain this year making all these ultra expensive plans look maybe foolish. After all, if rain averages, which are averages, continue, we are just ok as long as any droughts don't last more than perhaps 5 years. Sure there was a 100 year drought in California 1100 years ago, and if that happened we would all sate wide be in the deep do-do no matter what. We could also go wet for as long as these projects exists. No one knows.

I would comment no one really asked the public if they wanted to drink recycled effluent water. It was just an idea the Water Supply Advisory Committee proposed as an idea they agreed could be acceptable.

Having listened to the proceedings where and when these projects were funded with enormous debt recently, I don't recall making it clear to the council recycled effluent was involved, only using "treated water". There was also discussion the water would come from the San Lorenzo in years of above average rainfall. What happened to that idea and was that talk disingenuous ? After the enormous amount of money was approved, only then did it become clear the intent was to use recycled effluent.

Yuk, yuk, and yuk.

Do you care what public opinion is on this matter?
Garrett Philipp

16.20 City Council

AGENDA REPORT
DATE: 08/16/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Water
SUBJECT: Loch Lomond Recreation Area Fees (WT)
RECOMMENDATION: Resolution revising the Loch Lomond Recreation Area fee schedule and rescinding Resolution No. NS-29,482.

BACKGROUND: As the City of Santa Cruz (City)’s only drinking water reservoir, the prime mission at Loch Lomond Recreation Area (LLRA) is to ensure the water resources are protected; however, recreational activities that are consistent with this mission are also required. In 1958, an agreement was made between the Santa Cruz County Flood Control and Water Conservation District and the State of California which directed the City to offer fishing, rowboats, boat launching and docking, parking, and restrooms. LLRA has been an accessible source of outdoor activity since it opened in 1963. In 2022, thousands of visitors took advantage of the natural splendor readily available to nature lovers both near and far.

The Water Department maintains a fee schedule for users of the LLRA in order to partially support the cost of providing recreation activities. Fees are designed to recover a portion of the cost to provide recreational activities such as boating, fishing, hiking, and picnicking. Charging fees for use of facilities and programs is an approach broadly used in parks and recreation programs around the country and by the owners of other water reservoirs providing recreational facilities and programs.

DISCUSSION: On January 22, 2019, Council approved the current LLRA fee schedule. Staff is recommending the following fee structure changes:
1) Increase the fees by an amount at least equivalent to the Bay Area Consumer Price Index (CPI), which has risen 15% since the last approved fee schedule; and 2) Increase parking, boat rental, boat storage, boat inspection, and beer/wine permit fees by more than CPI to reflect prices at similar recreational venues. Other water reservoirs surveyed are Lake Nacimiento and Lake San Antonio in Monterey County, Vasona Lake and Lexington Reservoir in Los Gatos, and Pinto Lake Park in Santa Cruz County.

Harvey West Park in Santa Cruz offers picnic venues and charges more than the proposed fees at LLRA.

Based on staff analysis of the fees charged at other recreational venues, the following fees are proposed:

17.1 Current
Fees
Proposed
Fee
Increase
Adjusted
Fees
Entrance Fee-Daily $ 8 25.0% $ 10
Entrance Fee-Season Pass $ 80 25.0% $ 100
Boat Rental-motorized
- Minimum Fee $ 30 100.0% $ 60
- Maximum Fee $ 90 100.0% $ 180
Boat Rental-non-motorized
- Minimum Fee $ 15 100.0% $ 30
- Maximum Fee $ 45 100.0% $ 90
Boat storage-trailered $ 355 19.7% $ 425
Boat storage-non trailered $ 275 18.2% $ 325
Boat storage after June 15
- trailered boat storage $ 230 16.7% $ 275
- non-trailered boat
storage
$ 150 16.7% $ 175
Alcohol Permits/person $ 5 20.0% $ 6
Alcohol Permits/group (5+) $ 50 20.0% $ 60
Group Picnic site $ 70 0.0% $ 70
Wedding Venue $ 250 0.0% $ 250
Inspection/Decontamination $ 25 20.0% $ 30
FISCAL IMPACT: In FY 2023, LLRA fees generated total revenue of $302,654, which is less than 1% of total Water Department revenue. The total expenditures for the Recreation section in the Water Department were $1,373,380, which is 4.5 times the amount of LLRA revenue received for FY 2023. The increased fees are expected to boost revenue to about 1/3 of the LLRA expense. This revenue will benefit the Water Operations Fund 711. This resolution has no impact on the City’s General Fund.

Prepared by:

David Baum
Water Chief Financial
Officer
Submitted by:

Rosemary Menard
Water Director
Approved by:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

17.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ TO INCREASE

FEES FOR THE BOAT STORAGE PROGRAM AT THE LOCH LOMOND RECREATION AREA AND RESCINDING RESOLUTION NO. NS-29,482 IN ITS ENTIRETY WHEREAS, Title 16 of the Santa Cruz Municipal Code provides the rules and requirements governing the administration and operation of the City's Water System, including identification of the various sources of authority to establish and amend Loch Lomond (LL) Recreation Area fees by Resolution; and
WHEREAS, on January 19, 2019 the City Council adopted Resolution No. NS-29,482 to revise the Loch Lomond Recreation Area fee schedule; and WHEREAS, proposed fees reflect the Bay Area Consumer Price Index increase since the last fee schedule was approved and includes market rate increases for boat rentals; and WHEREAS, the City Council has determined that the fees are appropriate and are important to support the recreational activities at Loch Lomond; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that Loch Lomond Recreation Area fees will be charged as follows:

Section 1. FEES
ENTRANCE FEES, before 4:00 pm

1. Vehicle Day Use Fee $10

2. Vehicle Season Pass $100

BOATING FEES

1. Boat Rental - No Motor $30 – First 2 Hours
(Rowboats, Kayaks and Paddle Boats) $15 – Each Hour Thereafter $90 – All Day

2. Boat Rental - Electric Motor $60 – First 2 Hours, M-F $90 – First 3 Hours, Weekends & Holidays
$30 – Each Hour Thereafter
$180 – All Day

17.3 3. Boat Storage Program
(Includes Launching & Aquatic Invasive Species (AIS) Decontamination for Non-Trailered Boats)
$325 – Entire Season
$175 – After June 15th
(Includes Launching & AIS Decontamination for Trailered Boats) $425– Entire Season
$275 – After June 15th

4. Aquatic Invasive Species (AIS) $30 – Each time boat is removed from LL Inspection and Decontamination Area and returned to storage

SITE RESERVATION FEES

1. Group Picnic Sites $70 – All Day

2. Wedding Venue $250 – All Day

BEER / WINE CONSUMPTION PERMIT

1. Addition to Group Picnic Site Use $60 – All Day

2. Individual Daily Permit $6 – All Day
Section 2. EFFECTIVE DATE
This resolution shall be effective November 1, 2023.

BE IT FURTHER RESOLVED that all Loch Lomond Recreation Area fees established by Resolution No. NS-29,482 are rescinded in entirety.

PASSED AND ADOPTED this 10th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

17.4 Brittany Inclan
From: Garrett <[email protected]>
Sent: Thursday, October 5, 2023 6:46 PM
To: City Council
Subject: 10.10.23 Consent item #17 Loch Lomond fees

10.10.23 Consent item #17 Loch Lomond fees
Dear Council,
A frequent subject that comes up is the constant raising of fees without regard to much of anything except the city wants more money.

I see fees increasing by 100% in some cases. Does this seem like an extraordinary inflationary increase to anyone? Hello?
I see the city was obligated to provide services such as they offer. In that regard, how is it so different than park services paid out of park department funding? That you recover some of the cost as a practice doesn't in itself justify these increases. There is no actual data provided to justify such increases, just "trust me".

Comparisons to other services in other locations doesn't seem to include a comparison of amenities offered, or to the extend of their other support or agreements such other authorities may have made to provide such services, or not.

Using your arguments, you could increase fees by any amount you choose.

Lastly, the money will benefit the Water Operations Fund 711. I wonder if that fund only provides operational cost of recreation on Loch Lomond? Does it? I sounds very general to me.

Garrett Philipp - Westside

17.5 City Council

AGENDA REPORT
DATE: 10/6/2023
AGENDA OF: 10/10/2023
DEPARTMENT: Planning and Community Development
SUBJECT: 925 Windsor Street: CP22-0114 (APN 011-073-13) Appeal of the Planning Commission Approval of the Development Proposal at 925 Windsor Street Involving a Residential Demolition Authorization Permit and a Large Home Design Permit to Demolish a Single-Family Home on a Site with an Existing Accessory Dwelling Unit in the R-1-5 (Single Family Residential) Zone District. Environmental Determination: Categorical Exemption.

Owner: Justin and Hart Walsh. (PL)
RECOMMENDATION: Resolution to deny the appeal and uphold the Planning Commission’s acknowledgment of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Residential Demolition Authorization Permit and Large Home Design Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.”
BACKGROUND: The subject property is an interior lot in the Seabright residential area on the north side of Windsor Street approximately 348 feet west of Frederick Street. The site is developed with a single-story dwelling proposed for demolition and a detached, two-story, 800 square foot accessory dwelling unit (ADU) above a garage located at the rear of the property that was approved in 2004 and that would remain on the property. The property is a standard rectangular site with two mature palm trees and a 5-foot wide drainage easement along the east property line.

The application is for a Residential Demolition Authorization Permit and Design Permit to demolish the 940 square foot, two-bedroom dwelling and construct a 3,570 square foot, fivebedroom dwelling. The project is considered to be a large home in the R-1-5 (Single Family Residence) zone district since the resulting project exceeds 3,000 square feet. Single homes in the R-1-5 zone district that are less than 3,000 square feet do not require a Design Permit or a public hearing.

The Zoning Administrator heard this item on May 17, 2023. At the public hearing 16 people spoke on the matter. There were also 47 pieces of correspondence (emails or letters) received.

The Zoning Administrator noted that the applicants had worked with staff to modify the front facade to provide a scale and form to better address the predominantly single-story neighborhood. The Zoning Administrator continued the hearing to address two design items that

18.1 were raised during public testimony: 1) the flat, eastern wall elevation and 2) the privacy impacts along the east side yard.

At the June 7, 2023 Zoning Administrator hearing, the applicants discussed the changes made to address the concerns. The proposed residence was reduced in size from 3,670 square feet to 3,570 square feet. The eastern elevation, which has a belly band and horizontal and vertical siding, was further modified to include an inset/recess for approximately one third of the second story wall plane to address the concern of the wall being flat. The revisions included a reduction in size for several windows to address privacy impacts. The Zoning Administrator approved the project with modifications to conditions to address other items raised such as consistency of materials on all elevations. (See Attachment 9 for the changes to the project made from the initial submittal and after comments received from the public hearings) On June 20, 2023, Matt Farrell (resident of 922 Windsor Street) filed an appeal of the Zoning Administrator’s decision, representing himself, as well as other neighbors located at the following addresses:
304 Darwin Street 929 Windsor Street
918 Windsor Street 933 Windsor Street
921 Windsor Street 937 Windsor Street
922 Windsor Street 943 Windsor Street
928 Windsor Street 951 Windsor Street
The Planning Commission heard the item on August 3, 2023. The appeal listed six areas of concern: 1) scale and form to the adjacent single-story home to the west and privacy issues; lack of step back to the property to the west, south, and east; 2) long, uninterrupted walls and lack of a meaningful setback on all four elevations; 3) the lack of compatibility with architectural characteristics of surrounding development; 4) form and scale should relate to use as a singlefamily residence, proposed at a human scale to not overwhelm or dominate surroundings; 5) lack of consideration of the functional site relationships of the surrounding neighborhoods such as single-story dwellings and project impact to the adjacent single-story dwelling; and 6) front setback does not meet average setback and the setback analysis was factually incorrect. After taking public comment, the Planning Commission did not require any changes to the design and voted 3-1-3 (Dawson opposed; Conway, Maxwell, McKelvey absent) to deny the appeal and approve the project. (See Attachment 5 - Minutes from Planning Commission August 3, 2023 meeting)
On August 14, 2023, an appeal of the Planning Commission decision was received from the neighbor-appointed representative, Matt Farrell. The appeal letter is attached to this report and discussed below.

DISCUSSION: The Planning Commission Staff Report (Attachment 6) provides responses to the issues raised in the appeal letter of the Zoning Administrator’s approval on June 7, 2023 and more fully discusses the factors behind staff’s recommendation to deny the appeal, thereby approving the project. The following summarizes the three points made in the current appeal and actions that the appellant requests, followed by responses from staff for each item.

18.2 1. Universal Land Use Application/ Photo Rendering. The appellant contends that planning staff presented incorrect information and that a photo simulation or rendering was not submitted as required from the Universal Land Use Application.

The appellants indicate that the Universal Land Use Application requires a photo rendering to be submitted for the project and that the application was therefore deficient. [Item #10 on the land use application]

The City’s Universal Land Use Application does not require a photo simulation or rendering if the project involves a single-family dwelling on a residentially zoned, standard lot as stated in the application form. The project site is a standard lot in the Single-Family Residence (R-1-5) zone district, insofar as it meets the district minimum lot width of 50 feet and at 7,500 square feet, exceeds the required 5,000 square foot minimum lot area. The project also meets the site development standards in terms of setbacks, building height and stories; therefore, a photo simulation or rendering is not required.

The applicants provided the requisite survey of buildings within one hundred feet of the property on both sides of the street, which identifies front and side yard setbacks, building floor area, building heights, driveway widths, garage locations, and architectural style as required by the Large Home Design Guidelines. A survey in this context is a general view or description of the area, and includes photographs, Google Earth mapping, assessor’s information, planning permits and building records as resources that are typically used to acquire this information. While the applicants also prepared a perspective drawing to assist in understanding the design, it was not a city requirement. A property survey prepared by a licensed surveyor is also not required for this project.

2. Required setback not provided. The appellants contend that planning staff provided incorrect information regarding building setbacks.

The front yard setback for the R-1-5 zone district is 20 feet; however, Section 24.08.450(d) of the Zoning Ordinance requires the use of front yard averaging for large homes, which is a calculation that relies on the setbacks of the two adjacent homes. Staff reviewed the two building plans on file for 929 Windsor: one site plan calls out ‘20 feet minimum’ and does not have a setback and the 1999 plans submitted show 21 feet. Therefore, planning staff have determined the front yard setback of the adjacent home at 929 Windsor Street is 21 feet. The appellants indicate that the existing front setback at 929 Windsor Street is 22 feet, not 21 feet, and that the proposed setback, which is based on front yard averaging, should be 21 feet. The appellants did

18.3 not submit plans prepared by a licensed surveyor to substantiate the 22 foot setback claim. (See Attachment 10 for referenced building permit blueprints site plan with setbacks) Based on 925 Windsor Street having a front setback of 20 feet and 929 Windsor having a front setback of 21 feet (as per their approved building plans), the required average setback would be 20 feet 6 inches. The applicants have proposed 20 feet; but are agreeable to a condition of approval that requires a 20 feet 6 inch front yard setback unless the owners of 929 Windsor provide a survey prepared by a licensed professional that indicates that the house at 929 Windsor was constructed with a 22 foot setback rather than 21feet, as shown on the plans. Should this occur, the required front yard setback would be 21 feet. The potential change to the front setback does not have code compliance implications, as the house would still meet applicable rear setbacks and required separation from the ADU.

3. Ad Hoc Large Home Design Guidelines Committee. The appellants would like the Planning Commission to for an ad hoc committee to work on large home guidelines, and they challenged the concept of “neighborhood,” as defined in the Zoning Ordinance.

Although this point is not directed at the project in particular, the appellant accurately notes that the Planning Commission struggled with reaching a decision before ultimately voting 3-1-3 in favor of the project. Staff discussed the challenges associated with implementing the current subjective standards for Large Homes, and relayed that objective development standards, which are in place for multi-family residential properties, would be beneficial to provide clear requirements to applicants, staff, and community members. Staff also noted that the city is currently looking at funding opportunities to assist in the creation of these standards that would apply to single family residential zoned properties. On August 22, 2023, the City Council authorized staff to submit an application for a Regional Early Action Planning (REAP) 2.0 grant in the amount of $750,000 to fund a project to promote inclusive residential infill development through objective standards for properties with R-1 zoning that include a variety of project types such as single-family properties containing up to four units (pursuant to Senate Bill 9 or through alternative standards), accessory dwelling units, and single family homes (including large homes). If the grant request is approved, the effort is expected to occur over the course of a few years and would involve significant community outreach. A Planning Commission ad hoc committee could also be created to assist with the development of these objective development standards, as was discussed at the hearing. Whether an ad hoc committee of the Planning Commission is formed or not, the Planning Commission and the City Council will each have multiple opportunities to shape the work product.

Although not suggested by the appellants, it is worth noting that approval of this project cannot be held up pending approval of objective development standards for large homes. The project application was deemed “complete” and reviewed at several public hearings. Under the Permit Streamlining Act, when a project is deemed “complete,” it is subject to the regulations in effect at the time of the completeness determination. The project is also subject to processing timelines under the Permit Streamlining Act, namely that the City must act upon the project within 60 days of it being deemed “complete,” given that has been determined to be exempt under the California Environmental Quality Act (CEQA).

18.4 Section 24.08.450.1 of the Zoning Ordinance states that the intent of the design permit findings for large scale residential buildings is to protect existing neighborhood character and identity by development guidelines that promote a variable streetscape by requiring a variety of building massing and placements and also by maintaining existing neighborhood patterns to limit obtrusive visual impacts on nearby properties. The Zoning ordinance (Section 24.22.560) defines “neighborhood” as an area within one-half mile of a specified site. The appellants take issue with this definition, asserting that neighborhoods are made up of blocks, not radii, and that the underlying zoning is also important in defining a neighborhood. During its deliberation, the Planning Commission noted that using the definition of ‘neighborhood,’ there are many twostory dwellings, multiple unit dwellings, and public uses such as a church. It should also be noted that the subject property, while zoned Single Family Residential (R-1-5), is on a block that abuts a Multiple Residential Low Density (R-L) zone district which allows for multi-family uses (shown in orange in the below map). It is therefore appropriate to analyze scale based on both single-family and multi-family residential uses in the area.

18.5 4.a. Summary of Appellants Conclusion and Desired Actions: 3- Foot Stepback on second floor on the West, East, South Elevations.

Property to West - 921 Windsor Street: The property at 921 Windsor Street has a one-story dwelling with a 10-foot-wide driveway abutting the western property line of the subject site. This driveway is adjacent to the driveway on the subject site, resulting in a 20-foot separation between buildings. The closest setback of the proposed dwelling to 921 Windsor Street remains the same as the existing dwelling, except the existing dwelling extends for approximately 35 feet along that 10-foot setback, whereas the proposed dwelling would extend approximately 40 feet along that setback. Beyond the 40 feet, the first and second floors of the proposed home are setback an additional 9 feet, for a total of a 19-foot setback from the western property line that is shared with 921 Windsor Street. The second floor has been designed to minimize privacy impacts, with windows for the second story bedroom (which extends approximately 20 feet deep from the front of the proposed home) primarily providing visibility to the driveway and roof of 921 Windsor Street and with the remaining windows facing 921 Windsor Street being small windows for bathrooms or windows serving the stairway. The additional stepback of 3 feet on the second floor is not necessary, given that the required side yard setback in the R-1-5 District is only 5 feet, and the proposed home has a 10-foot setback for the first 40 feet in depth and a 19-foot setback for the next 20 feet in depth, and the requisite findings can be made for the project as proposed. That said, a second floor stepback would provide a better design aesthetic, particularly towards the front of the residence where the second story is most visible and prominent. Given the 7-foot wide hallway and over 11-foot wide bedroom, a 1- to 2-foot second floor side stepback from the first floor for the depth of the front, second floor bedroom shown on the plans as “Primary Bedroom 3” could be accommodated without significant redesign of the project. This would amount to a 1- to 2-foot side stepback for a depth of just over 19.5 feet from the front of the home. Such construction would be more expensive than that proposed, and it would entail redesign of the roof plan in addition to the floor plan. Requisite findings can be made for the proposed project or an alternative design with the additional setback noted above. (See Exhibit 11 for referenced siting and floorplan)
Properties to the South-Windsor Street. The second floor of the project has a bedroom and family room that will be setback 20 feet from the street as required by the zone district, which could increase by six inches per the large home setback averaging discussion above. Properties across the street - 922, 928 and 932 Windsor – are developed with garages at the front of the property that are setback 20 feet front the property line and have the main living areas behind the garage wall line. The placement of the dwellings on the other side of the street, along with the street width of 45 feet results in a 65-foot separation from the project dwelling. An additional front stepback of 3 feet on the second floor would do nothing for privacy or compatibility with the properties across the street given the existing 65-foot separation between the home and the properties. However, an approximately 2-foot second floor stepback from the first floor so that the front, second floor bedroom wall shown on the plans as “Primary Bedroom 3” aligns with the adjacent “Family Room Vault” wall could be accommodated without significant redesign of the project. That bedroom is over 18.5 feet in length, so a 2-foot reduction in length would not compromise the ability of the room to be used as a bedroom. This change would entail redesign of the roof plan in addition to the floor plan, and it would need to tie into any additional side stepback. Requisite findings can be made for the proposed project or an alternative design with the additional stepback noted above.

18.6 View from Subject Property looking across street(left to right: 928, 922, 916-918 Windsor )

18.7 Property to East – 929 Windsor Street. This property is one of the two facing Windsor Street on this block that has a second story. The appellants raised concerns regarding a large continuous wall and privacy impacts at the Zoning Administrator hearing of May 17, 2023. The applicants subsequently submitted a redesign which insets the wall by just under 2 feet for over 40 percent of the 60-foot wall length and reduces the window sizes to address the concerns raised. That redesign was ultimately approved by both the Zoning Administrator and Planning Commission.

In review of the floorplan for the project site and the floorplan for 929 Windsor to the east, it appears that if the project were constructed, both properties would have similar wall lengths along this property line, with 929 Windsor Street having a 56-foot wall in length on its eastern side and the proposed project having a 60-foot wall length on its eastern side.

Project Site: 60 ft long wall on east side – over 40
percent of wall is inset
929 Windsor – 56-foot-long wall on east
side – no insets
The proposed project, with the inset created with the redesign approved by the Zoning Administrator and required 5-foot side yard setback, creates a side yard setback on the second floor of just under 7 feet. This design places a proposed second story family room and bedroom at the east property line where windows would primarily provide view of the adjacent property’s driveway and roof. The master bedroom at the rear of the building has been designed with smaller, higher windows facing east to minimize privacy impacts and is sited about 25 feet from the 929 Windsor Street second story bedroom, stairway and bathroom. The changes satisfy requisite findings related to compatibility with the surrounding area and satisfactorily address the privacy concerns of the adjacent neighbors to the east.

18.8 4.b. Summary of Appellant’s Conclusion and Desired Actions: Redesign with Photo Simulation or Rendering
As noted in response to appeal contention #2 above, the Land Use Application does not require submittal of photo simulations or renderings for single family dwellings. Such a requirement places an excess burden and cost for property owners of single-family developments, which is the basis as to why a photo simulation and rendering are not required.

4.c. Summary of Appellant’s Conclusion and Desired Actions: Direct Planning Staff to move forward with Ad Hoc Committee.

See response to appeal contention #3 above regarding the potential for a Planning Commission ad hoc committee to be created, as well as the Planning Commission’s and City Council’s participation in the project, if the REAP 2.0 grant is awarded to the City. If the grant is not received, the same objective standards will still be developed by the City, but the timeline will be longer with funding spread out over upcoming fiscal years.

ENVIRONMENTAL REVIEW: The project qualifies for a Categorical Exemption under Section 15332, Class 32 in that it is an in-fill development project; in conformance with the General Plan and Zoning designations; less than five acres in size and surrounded by urban uses with no wildlife habitat value; and will not cause significant effects relating to traffic, noise, air or water quality. The project also qualifies under the Categorical Exemption of 15303(a), New Construction or Conversion of Small Structures, which specifically exempts construction of one new single family home. None of the exceptions to the exemptions under Section 15300.2 apply to the project in that the project is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site based on a historical resources evaluation prepared for the project.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. Due to the project location, it supports a sustainable and healthy lifestyle given the project’s bikeable/walkable nature due to its close proximity to commercial uses and job centers (e.g., Seabright and Soquel Avenues) and recreational amenities (e.g., Frederick Street Park and the harbor).

SUMMARY AND RECOMMENDATION: The design permit has been initially reviewed staff, as well as by the Zoning Administrator and Planning Commission over the course of three public hearings, resulting in a design that has evolved significantly for the better. The issues raised by the appellants are either not supported by the Zoning Ordinance or are addressed in the conditions of approval. Therefore, staff recommends that the City Council deny the appeal, thus upholding the Planning Commission’s approval of the Demolition Authorization permit and Large Home Design Permit based on the findings listed in the Resolution and the Conditions of

18.9 Approval attached as Exhibit “A.” Should the Council wish to include additional front and side stepbacks for the second story “Primary Bedroom 3,” staff will be prepared to provide suggested language for such condition.

FISCAL IMPACT: The project would generate a property tax increase due to the proposed improvements to the property, in addition to revenues from associated permits and City fees that cover costs for providing those plan review and inspection services. Particularly over time given Proposition 13, residential uses generally have a net fiscal negative impact on the City, as the cost to provide services to residents exceeds the revenues the City receives from such development and the residents.

Prepared By:

Nancy A. Concepcion
Associate Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Resolution and Conditions of Approval

2. Project Plans

3. Matt Farrell Appeal Letter, dated August 14, 2023

4. Public Correspondence

5. Minutes from Planning Commission August 3,2023 meeting

6. Staff Report from Planning Commission August 3, 2023 meeting

7. Minutes from Zoning Administrator June 7, 2023 meeting

8. Staff Report from Zoning Administrator June 7, 2023 meeting

9. Summary of Design Changes – Elevations

10. Site Plan 929 Windsor front yard setback

11. Floor Plans 921 Windsor in relation to 925 Windsor

18.10 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ACKNOWLEDGING THE CATEGORICAL EXEMPTION AND APPROVING A

DEMOLITION AUTHORIZATION PERMIT AND LARGE HOME DESIGN PERMIT TO

DEMOLISH A SINGLE-FAMILY HOME ON A SITE WITH AN EXISTING ACCESSORY DWELLING UNIT IN THE R-1-5 (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT THEREBY DENYING AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE THE PROJECT FILED BY MATT FARRELL (APPLICATION NO. CP22-0114) WHEREAS, On January 25, 2023, Justin and Hart Walsh submitted an application for a Demolition Authorization Permit to demolish an existing single family dwelling unit and a Large Home Design permit to construct a 3,570 square foot home in the R-1-5 (Single Family Residence) zone district; and
WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Title 24, the Zoning Ordinance, and the City of Santa Cruz General Plan and Local Coastal Program; and
WHEREAS, the project qualifies for a Categorical Exemption in State California Environmental Quality Act (CEQA) Guidelines Section 152332 and 15303 (a) as articulated below; and
WHEREAS, the Planning Commission conducted a public hearing on August 3, 2023 and, after hearing public testimony, voted 3-1-3 to acknowledge the environmental determination and approve the Demolition Authorization Permit and Design Permit; and WHEREAS, the Planning Commission’s approval was appealed to the City Council on August 14, 2023 by Matt Farrell; and
WHEREAS, the City Council conducted a duly noticed public hearing on October 10, 2023 to consider the application and appeal; and
WHEREAS, the City Council now makes the following findings:

With Respect to the Environmental Determination
The project qualifies for a Categorical Exemption under Section 15332, Class 32 in that it is an in-fill development project; in conformance with the General Plan and Zoning designations; less than five acres in size and surrounded by urban uses with no wildlife habitat value; and will not cause significant effects relating to traffic, noise, air or water quality. The project also qualifies under the Categorical Exemption of 15303(a), New Construction or Conversion of Small Structures, which specifically exempts construction of one new single family home. None of the

18.11 exceptions to the exemptions under Section 15300.2 apply to the project in that the project is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site based on a historical resources evaluation prepared for the project.

FINDINGS
Demolition or Conversion of Single-Family Residence or Duplex Units, Section 24.08.1330 The building is not subject to the provisions of Part 11 (regarding Historic Demolition Permits) of this chapter, or that the demolition or conversion has been approved pursuant to the procedures set forth in Part 11; and The house is not listed on the City Historic Building Survey. A staff review of photographs of the house indicated that the house has no distinctive architectural features.

1. The project which will replace the demolished or converted unit(s) has been approved by the city, and an appropriate building permit has been issued; unless no building permit is required or some other practical hardship can be documented rendering this finding inappropriate; and
A two-story dwelling is proposed to replace the house to be demolished and will be sited in the general location and footprint as the existing house.

2. The building is not in the coastal zone, or, if it is in the coastal zone, is being replaced by a residential use or a nonresidential coastal-dependent use as defined by Section 30101 of the Public Resources Code; and
The site is in the coastal zone and the building is being replaced by a residential use.

3. Relocation assistance has been provided to eligible tenants consistent with Section

24.08.1350; or
The building which is in the coastal zone and is being replaced by a nonresidential use which is not coastal-dependent as defined in Section 30101 of the Public Resources Code, is located where residential use is no longer feasible, but will not be issued a demolition permit or building permit in connection with the conversion until the applicant has entered into an agreement to provide relocation assistance and replacement housing or in-lieu fees consistent with Sections 24.08.1350 and the applicable portions of Sections 24.08.1360 and 24.08.1370 of this chapter.

18.12 Not applicable.

Design Permit, Section 24.08.430

5. The site plan and building design are consistent with design and development policies of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, a site plan shall also be consistent with policies of the Local Coastal Program.

The proposed replacement dwelling will be sited in an area that minimizes change to the existing site layout and is of a form that allows the project to be compatible with other dwellings in the area. The new dwelling will meet all development standards for the R-1- zone district for setbacks and height. The new two-story dwelling is appropriate for single-family dwelling development in this area which is comprised of both one- and two- story dwellings.

6. For non-residential projects, the project’s location, size, height, operations, and other significant features and characteristics are compatible with and do not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, safety, and welfare. For residential projects, the project complies with the objective standards and requirements of the zoning district in which it is located, as well as any objective standards of any area plan or other regulatory document that applies to the area in which the project is located.

The replacement dwelling has design elements which make it compatible with the design and appearance of the existing buildings and structures in the neighborhood. The development complies with all site standards for the R-1-5 zone district and the site standards specific to Large Homes in that the two-story design is located in the same general footprint with entries and front porch facing the street, required setbacks and distance between buildings has been addressed, and the design utilizes insets, projections, and changes in materials to break up the mass to insure compatibility with the neighborhood.

3. For non-residential projects, the project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.

This finding is not applicable because it is residential property.

4. The exterior design and appearance of buildings and structures and the design of the site plan shall be compatible with design and appearance of other existing buildings and structures in neighborhoods which have established architectural character worth of preservation.

18.13 The use of a gable roof shape, wood exterior walls and proposed building insets and projections in total provide architectural consistency with this neighborhood.

5. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas. Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rights-of-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.

The proposed dwelling has been designed and placed to be compatible with development on the surrounding properties. The dwelling will meet or exceed the minimum setbacks required for the district. The exterior design and appearance of the dwelling is architecturally consistent with the adjacent residences in its use of materials and compatible with the existing accessory dwelling unit/garage building. The dwelling will maintain a balance of scale, form and proportion in that it will have the same roof pitch and general form as the existing dwellings in the area. The use of building insets, wall projections, and varying rooflines minimize bulk and will limit obtrusive visual impacts on nearby properties.

6. Where a site plan abuts, or is in close proximity to, uses other than that proposed, the plan shall take into account its effect on other land uses. Where a nonresidential use abuts or is in close proximity to a residential use, the effect of the site plan should maintain the residential quality of adjacent or nearby areas.

The proposed residence is in a residential neighborhood.

7. To the extent feasible, the orientation and location of buildings, structures, open spaces and other features of the site plan maintain natural resources including significant trees and shrubs, minimize impacts to solar access of adjacent properties, and minimize alteration of natural landforms; building profiles, location, and orientation must relate to natural land forms.

The project will retain the two existing mature palm trees and thus will not result in the loss of any significant trees or vegetation, and the new dwelling based on building height and siting will not impact adjacent properties to any significant extent. Solar access is maintained for surrounding development as the 28-foot-high roof measured to the peak (24 ft. 7 in. midpoint) will help provide a compatible scale.

8. The site plan ensures that the scale, bulk, and setbacks of new development preserves important public views along the ocean and of designated scenic coastal areas. Where appropriate and feasible, the project shall restore and enhance visual quality of visually degraded areas.

18.14 The proposed development is in the coastal zone and will not affect coastal views.

9. The site plan shall reasonably protect against external and internal noise, vibration and other factors which may tend to make the environment less desirable. The site plan should respect the need for privacy of adjacent residents.

The site plan respects the need for privacy of adjacent dwellings by retaining the main habitable area within the existing dwelling unit footprint. There is a 5-foot-wide drainage easement along the eastern property line resulting in no equipment or building projections along this side yard. The use of stepbacks and smaller windows have been added to address privacy impacts. The dwelling will require the issuance of a building permit that meets the Uniform Building Code requirements concerning noise, vibrations, and energy efficiency.

10. Building and structures shall be designed and oriented to make use of natural elements such as solar radiation, wind, and landscaping for heating, cooling, ventilation, and lighting.

The proposed dwelling will require the issuance of a building permit that meets the Uniform Building Code energy conservation requirements. The design includes operable windows, which will provide natural ventilation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby acknowledges the Categorical Exemption and approves the Demolition Authorization Permit to demolish an existing single family dwelling unit and a Large Home Design Permit in the R-1-5 (Single Family Residence) zone district thereby denying the appeal; and subject to the Findings listed above and the Conditions of Approval listed in Exhibit “A,” attached hereto and made a part hereof, thereby denying the appeal.

PASSED AND ADOPTED this 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley, Mayor

18.15 ATTEST:

Bonnie Bush, City Clerk

18.16

EXHIBIT "A"

CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT
925 Windsor Street– CP22-0114
Residential Demolition Authorization Permit and Large Home Design Permit to demolish a singlefamily home and construct a new 3,570 square foot single family home on a site with an existing Accessory Dwelling Unit in the (R-1-5/CZO) Single Family Residence/Coastal Zone Overlay zone district. (Coastal Permit Exclusion) (Environmental Review: Categorical Exemption)

1. If one or more of the following conditions is not met with respect to all its terms, then this approval may be revoked.

2. All plans for future construction which are not covered by this review shall be submitted to the City Planning and Community Development Department for review and approval.

3. This permit shall be exercised within three (3) years of the date of final approval or it shall become null and void

4. The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. Any errors or discrepancies found therein may result in the revocation of any approval or permits issued in connection therewith.

5. All final working drawings shall be submitted to the Zoning Administrator for review and approval in conjunction with the building permit application. The plans submitted for building permits shall have the same level of articulation, detailing, and dimensionality as shown in the approved plans prepared by Owner/Designer Justin Walsh dated April 4, 2023, May 17, 2023 and July 2023. All approved exterior finishes and materials shall be clearly notated on the building permit plans.

6. The applicant and contractor who obtains a building permit for the project shall be required to sign the following statement at the bottom of these conditions, which will become conditions of the building permit:
“I understand that the subject permit involves construction of a building (project) with an approved Design Permit. I intend to perform or supervise the performance of the work allowed by this permit in a manner which results in a finished building with the same level of detail, articulation, and dimensionality shown in the plans submitted for building permits. I hereby acknowledge that failure to construct the building as represented in the building permit plans, may result in delay of the inspections process and/or the mandatory reconstruction or alteration of any portion of the building that is not in substantial conformance with the approved plans, prior to continuation of inspections or the building final.” Signature of Building Contractor Date

7. The development of the site shall be in substantial accordance with the approved plans submitted and on file in the Department of Planning and Community Development of the City

18.17 CONDITIONS OF APPROVAL
For 925 Windsor Street– CP22-0114

of Santa Cruz. All aspects of construction must be completed prior to occupancy. Major modifications to plans or exceptions to completion may be granted only by the City authority which approved the project. Plans shall eliminate any mechanical equipment or improvements in the 5-foot drainage easement located along the east property line as shown on the County assessors map.

8. All refuse and recycling activities during construction shall be done in accordance with Chapter 6.12 of the Santa Cruz Municipal Code. Be aware that private companies offering refuse or debris box services are not allowed to operate within the City limits, except under certain limited circumstances detailed in Chapter 6.12.160.

9. All requirements of the Building, Public Works, Water and Fire Departments shall be completed prior to occupancy and continuously maintained thereafter.

10. Building plans shall include energy compliance document sheets and be in compliance with current codes adopted by the City of Santa Cruz (2019 California Building Standards Codes and title 18 of the Santa Cruz Municipal Code.

11. Building plans shall include requirements, details and supplemental information to verify compliance with the City Green Building Program and comments as noted in the February 15, 2023 memorandum.

12. A drainage plan shall be submitted in conjunction with application for building permits.

13. All utilities and transformer boxes shall be placed underground in accordance with the provisions of Section 24.12.700 through 24.12.740 of the Zoning Ordinance.

14. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource or paleontological resource, shall:
- Immediately cease all further excavation, disturbance, and work on the project site; - Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking; - Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director; - Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

18.18 CONDITIONS OF APPROVAL
For 925 Windsor Street– CP22-0114