Santa Cruz City Council
January 9, 2024

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

CITY COUNCIL AGENDA
Regular Meeting - January 9, 2024
Updated January 5, 2024 – Items 10 and 22
10:15 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 11:45 A.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, January 8th
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, January 7th by emailing the Mayor and the City Clerk. Approval will be confirmed via email.
[email protected] [email protected]
January 9, 2024 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The Cal-Relay 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-council-meetings 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. 10:15 AM
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Jonatan Ordonez
2) Claimant: David W. Turner
Claims against the City of Santa Cruz

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
January 9, 2024 City Council 3
Closed Session (continued)

3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed)

4. Conference with Labor Negotiators (Government Code §54957.6) Employee Organization - Bargaining Unit:

Police Officers Association
City Negotiator - Sara De Leon
11:45 AM
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
Presentations

5. Mayoral Proclamation Declaring January 9, 2024, as Autumn Hays Day

6. Mayoral Proclamation Declaring January 11, 2024, as Doug Engfer Day Presiding Officer's Announcements
Statements of Disqualification
January 9, 2024 City Council 4
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.

Consent Agenda

8. City Manager Annual Merit Increase and Contract Amendment (CA) Motion to approve an annual merit increase for the City Manager in the amount of 5% and an amendment to the City Manager’s Employment Agreement extending the term to January 1, 2030.

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

The attachment for the below item has been updated.

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

11. Decision Support Tool - Understanding Climate-Influenced River Flooding - Budget Adjustment (CM)
Resolution amending the FY 2024 budget for the use of $239,375 ($179,375 from California Department of Water Resources grant and $60,000 from Public Works to fully fund the Decision Support Tool - Understanding Climate-Influenced River Flooding.

January 9, 2024 City Council 5
Consent Agenda (continued)

12. A Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study - Budget Adjustment (CM)
Resolution amending the FY 2024 budget for the use of $500,000 from State Coastal Conservancy grant to fund the Living Shoreline, NatureBased Solutions and Sand Management Feasibility Study.

13. Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
Motion to approve Mayor Keeley’s nominations to external agencies, groups, and City Council committees and task forces for the 2024 calendar year.

14. Award Contract for Purchase of a Type 6 Fire Engine (FD) Motion to award a contract for the purchase of a Type 6 Fire Engine to Weis Fire & Safety Equipment, LLC., Salina, Kansas, in the amount of $305,310.05 and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

15. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Jonatan Ordonez, and 2) David W. Turner, based on staff recommendation.

16. Sister Cities Committee Membership Reduction (PR)
Motion to:
1) Adopt a resolution changing the at-large membership from eleven to seven (7) members and rescinding Resolution No. NS-28,142; and 2) Amend the Sister Cities Committee bylaws to change the at-large membership from eleven (11) to seven (7).

January 9, 2024 City Council 6
Consent Agenda (continued)

17. Neary Lagoon Tule and Sediment Removal Project (m409688) – Notice of Completion (PW)
Motion to accept the work of McNabb Construction, Inc. (Lafayette, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Tule and Sediment Removal Project (m409688).

18. Award Contract for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405) - Purchase Order (PW)
Motion to approve a purchase order with Cupertino Electric Inc. (San Jose, CA) in the total amount of $387,934 to provide services for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405). The City Manager is hereby authorized and directed to execute the purchase order in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

19. Wastewater Treatment Facility Digester 1 Cleaning (c401607) - Authorization to Advertise and Award (PW)
Motion to approve the specifications for the Wastewater Treatment Facility Digester 1 Cleaning (c401607), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.

20. Award Contractor for Solar PV Expansion at the Corp Yard (c101901) ABB EV Chargers – Budget Adjustment (PW)
Motion to:
1) Award a contract for the purchase of ABB EV (electric vehicle) Chargers from EV Connect Inc, (Lake Forest, CA) in the amount $959,951.75; and
2) Adopt a resolution amending the FY 2024 budget and appropriate funds in the amount of $647,929.39 from the California Energy Commission for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).

January 9, 2024 City Council 7
Consent Agenda (continued)

21. Police Department Roof Restoration, Phase 2 – Award Contract (PW) Motion to award a contract with Tremco Inc. (Foster City, CA) for the restoration of the Police Department roof in the amount of $152,943.

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.

The attachments for the below item have been updated.

22. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-24, 072-152-07, and 072-174-02, Owned by Lynn Weissbart, Hai & Nga Nau, and Hien Nguyen, and Nelson Chen, Respectively (WT)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Lynn Weissbart for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 071-081-24 for the Brackney Landslide Area Pipeline Risk Reduction Project,
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Hai & Nga Nau, and Hien Nguyen for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 072-152-07 for the Brackney Landslide Area Pipeline Risk Reduction Project, and 3) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Nelson Chen for the easement located in Felton, CA. near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement on APN 072-174-02 for the Brackney Landslide Area Pipeline Risk Reduction Project.

January 9, 2024 City Council 8
Consent Agenda (continued)

23. Award of Agreement to Thatcher Company of California Inc. for Liquid Aluminum Sulfate (WT)
Motion to accept the bid of Thatcher Company of California Inc. (Salt Lake City, UT) for Liquid Aluminum Sulfate, reject all other bids, and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

End Consent Agenda
Consent Public Hearings

24. 2nd Reading and Final Adoption of Ordinance No. 2023-15 Amending the City’s Plumbing Code to include Appendix M, the Peak Water Demand Calculator Approach to Sizing Building Plumbing Systems and Fixtures (CN)
Motion to adopt Ordinance No. 2023-15 amending Title 18 of the Santa Cruz Municipal Code, adopting California Code of Regulations Title 24 Appendix M of the California Building Standards Codes.

25. CalPERS Contract Amendment (HR)
Motion to:
1) Adopt a Resolution of Intention to approve an amendment to its contract with the California Public Employees’ Retirement System (CalPERS) to provide for a new local ocean beach lifeguard member category with Section 7522.25(d) (2.7% @ 57 Full formula), and Section 21574 (Fourth Level of 1959 Survivor Benefits) with 0% prior service; and 2) Introduce for publication an ordinance implementing the CalPERS contract amendment.

January 9, 2024 City Council 9
General Business

26. Collective of Results Evidence-Based (CORE) Update (CM) Motion to:
1) Accept Santa Cruz County’s Human Services Department (HSD) CORE Annual Report for Fiscal Year (FY) 2022-23 and report back on community engagement;
2) Provide direction on HSD recommendations for prioritization for the next CORE RFP funding cycle; and
3) Direct City staff to coordinate with the HSD to return on or before April 30, 2024 with recommendations for the draft of the next cycle of the CORE Investments request for proposals (RFP).

27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR)
Motion to:
1) Adopt a resolution adopting the Santa Cruz Wharf Master Plan and certifying the Final Environmental Impact Report;
2) Adopt a resolution approving Findings of Fact and a Mitigation Monitoring and Reporting Program for the Santa Cruz Wharf Master Plan under California Environmental Quality Act (CEQA);
3) Adopt the Santa Cruz Wharf Master Plan, subject to one of the following packages of modifications proposed by staff; and a) The Revised Master Plan, as is, plus additional revisions recommended in this report; or,
b) The Revised Master Plan, with the alternative chapter for end of Wharf development and all references of the Landmark Building removed, plus additional revisions recommended in this report. 4) Direct staff to prepare a Public Works Plan with the California Coastal Commission (CCC) for implementation of the Wharf Master Plan.

January 9, 2024 City Council 10
General Business (continued)

28. An Ordinance Amending Chapter 5.11 – Delivery Driver Tipping at Section

5.11.030 - Exceptions (CA)
Introduce for publication an ordinance amending Chapter 5.11 – Delivery Driver Tipping at Section 5.11.020 “Tipping Option Requirement” and

5.11.030 “Exceptions” pertaining to delivery driver tipping.

The below item will be heard at a time-certain of 5:00 PM.

29. Resolution Affirming Santa Cruz’s Commitment and Support for Ceasefire and Peace (CN)
Resolution affirming Santa Cruz’s commitment and support for ceasefire and peace.

Public Hearing

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

Adjournment
January 9, 2024 City Council 11

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 9, 2024

31. Library: Incident Report – Santa Cruz Public Library 1st Quarter 2023– 2024 - 12/13/23 (LBFYI 016)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 9, 2024

32. Proclaiming Tuesday, January 9, 2024 as “O’Neill Cold Water Classic Day” and encouraging all citizens to join in expressing gratitude for its contribution to the surfing culture, the promotion of local talent, and the spirit of sportsmanship and to participate in the festivities and support this prestigious surfing event each year.

33. Proclaiming January 9, 2024 as “Autumn Hays Day” and encouraging all citizens to join in congratulating her for making a name for herself in the surfing world and for her victory in the O’Neill Cold Water Classic.

January 9, 2024 City Council 12
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.

Council will make the appointments for all vacancies, with the exception of the County Latino Affairs Commission, at the January 23, 2024 City Council meeting. The deadline to submit an application is January 7, 2024.

Arts Commission Two openings, 1-year terms, at-large
nominations.

Commission for the Prevention of
Violence Against Women (CPVAW)
One opening, 1-year term, Councilmember
Watkins’ nomination.

County Latino Affairs Commission One opening – term ending April 1, 2027, atlarge nomination Downtown Commission Two openings – One 3-year term to be appointed by Mayor Keeley and one 1-year
term, at-large nomination.

Historic Preservation Commission Two openings – One 3-year term to be appointed by Vice Mayor Golder, and one 3-
year term to be appointed by Mayor Keeley.

Library Advisory Committee Two openings, 4-year terms, at-large nominations.

Parks and Recreation Commission One opening – 3-year term to be appointed by Vice Mayor Golder.

Planning Commission Two openings – One 3-year term to be appointed by Councilmember Newsome, and
one 1-year term, at-large nomination.

Sister Cities Committee Six openings – Three 4-year terms, two 2- year terms, and one 1-year term, all atlarge nominations.

Transportation and Public Works
Commission
Four openings - One 3-year term to be
appointed by Vice Mayor Golder, one 3-year
term to be appointed by Councilmember
Newsome, and two 1-year terms, both atlarge nominations.

Water Commission Two openings – One 3-year term to be
appointed by Vice Mayor Golder, and one 1-
year term, at-large nomination.

January 9, 2024 City Council 13
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.

Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
January 15
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public February 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public April 22/23
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 27
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 29 Council Chambers Budget Hearing
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public June 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public July 4
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public September 2
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 2/3
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 11/12
Rosh Hashanah (City observed - sundown to sundown)
October 8
Yom Kippur (City observed - sundown to sundown)
City Hall Closure - Labor Day
August 27
July 9 and 23 Meetings Cancelled - CITY COUNCIL DARK
City Hall Closure - Independence Day
City Hall Closure - Memorial Day
January 23
Passover (City observed - sundown to sundown)
August 13
March 12
March 26
May 14
April 9
April 30
June 11
May 28
City Council Meeting Calendar for 2024
June 25
September 10
September 24
February 13
City Hall Closure - Presidents' Day
February 27
City Hall Closure - Juneteenth
Please note: Meeting times are not final and are likely to change City Hall Closure - Martin Luther King Jr. Day

7.1 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
City Council Meeting Calendar for 2024
Please note: Meeting times are not final and are likely to change Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 11
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 28
November 29
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 25/26
December 25
December 24 Meeting Cancelled - CITY COUNCIL DARK
City Hall Closure - Christmas Day
November 12
October 22
City Hall Closure - Veteran's Day (observed)
Hanukkah (City observed - sundown to sundown)
November 26
December 10
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day

7.2 City Council

AGENDA REPORT
DATE: 11/30/2023
AGENDA OF: 01/09/2024
DEPARTMENT: City Attorney
SUBJECT: City Manager Annual Merit Increase and Contract Amendment (CA) RECOMMENDATION: Motion to approve an annual merit increase for the City Manager in the amount of 5% and an amendment to the City Manager’s Employment Agreement extending the term to January 1, 2030.

BACKGROUND: The City Manager is employed by the City through an employment contract.

This contract was approved in December of 2021 with a term that extends to January 1, 2027.

The contract calls for an annual performance evaluation and salary review to be conducted by the City Council, and authorizes the Council to grant an annual merit increase based thereon.

DISCUSSION: The City Council conducted an annual performance evaluation/salary review in closed session at its regular meeting of December 12, 2023. As a result of the evaluation, the City Council directed that an item be agendized for the January 9, 2024 meeting to consider, in open session, a merit increase in the amount of 5 percent of base salary, and a contract amendment extending the term of the City Manager’s Employment Agreement to January 1, 2030. This increase is consistent with other City employees who, upon completion of a successful performance evaluation, are provided a merit increase (often referred to as a Step Increase). This will result in an increase in the City Manager’s base compensation from $24,968.07/month to $26,216.97/month.

California State Law requires that all executive employee salary increases must be approved in open session at a regularly scheduled City Council meeting.

FISCAL IMPACT: These expenditures were included in the FY 2024 budget and there are no additional fiscal impacts generated by final approval.

Prepared and Submitted By:

Tony Condotti
City Attorney
ATTACHMENTS:

1. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT.DOCX

8.1 FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT

THIS FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (“Amendment One”), is made and entered into this 9th day of January, 2024, by and between the CITY OF SANTA CRUZ, a municipal corporation ("City"), and Matt Huffaker ("Employee") (each individually a “Party” and collectively the “Parties”), who agree as follows:

The Parties enter into this Amendment One based on the following facts:

A. In December of 2021, the City Council approved an Employment Agreement (the “Employment Agreement”) with Employee effective January 1, 2022 and extending until January 1, 2027, unless earlier terminated by either Party in accordance with the terms specified therein.

B. The Parties desire to amend the Employment Agreement in accordance with the terms set forth in this Amendment One.

NOW, THEREFORE, the Employment Agreement is hereby amended as follows:

1. Paragraph 3(a) Amended. Paragraph 3(a) of the Employment Agreement is hereby amended to read as follows:
“3. Term.
(a) The term of this agreement shall commence on January 1, 2024 through January 1, 2030, unless earlier terminated by either Party in accordance with the terms set forth in Paragraph 8.”

2. Notwithstanding these amended terms of the original Employment Agreement by this Amendment One, all other applicable terms and conditions of the original Employment Agreement shall remain in full force and effect. In the event of a conflict between the Employment Agreement and this Amendment One, the latter shall control.

IN WITNESS WHEREOF, the City of Santa Cruz has caused this Agreement, to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk and Employee has signed and executed this Agreement, both in duplicate, the day and year first above written.

CITY OF SANTA CRUZ EMPLOYEE:

By:__________________________ ________________________________ Fred Keeley, Mayor Matt Huffaker
ATTEST: APPROVED AS TO FORM:
________________________ ______________________________ Bonnie Bush, City Clerk Tony Condotti, City Attorney

8.2 From: Ron Pomerantz
To: City Council
Subject: Council Agenda Item #8: City Manager Annual Merit Increase and Contract Amendment (CA) Date: Monday, January 8, 2024 9:32:15 AM
Re. Consent Agenda Item #8 City Manager Annual Merit Increase and Contract Amendment (CA)
Good day Mayor and Council members.

A 5% “merit” increase and 6 year contract extension for City Manager Matt Huffaker is outrageous. Where’s the merit for his running the City. Moving from crisis to crisis with no clear direction. The Santa Cruz Warriors and development interests are the tail that wags the city course. The City Manager follows their lead. He’ll be getting well over $300k plus other benefits for this! There’s no supporting information in the staff report justifying this pay increase. There must be some supporting evidence to justify this a significant pay increase.

City Manager Matt Huffaker cries the blues that structural economic problems are overwhelming City finances yet he has no problem taking money that isn’t there. He’ll fight tooth and nail to keep city workers from getting fair compensation. Approve this pay increase for the City Manager if you want egg on your face.

Thank you for your time and consideration.

Ron Pomerantz

8.3 City Council

AGENDA REPORT
DATE: December 11, 2023
AGENDA OF: January 9, 2024
DEPARTMENT: City Attorney
SUBJECT: Resolution Amending and Updating the City's Bail Schedule (CA) RECOMMENDATION: Resolution adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.

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

DISCUSSION: This resolution includes the addition of Santa Cruz Municipal Code (S.C.M.C.) Chapter 18.15 (“Energy Code”) to the bail schedule, which was adopted by Council but does not yet have an accompanying bail schedule line for the Court’s reference.

It should be noted that the fines called for by the subject City ordinances constitute “base bail,” and that the ultimate fine paid by a violator to the court includes additional assessments levied by the court (pursuant to State law) which significantly increase the total fine imposed.1 For example, the base bail for a violation of Santa Cruz Municipal Code Section 9.50.050, Smoking on Public Property, is $20; however, after the assessment of court-imposed fees the amount paid by the violator to the court totals $157. With that said, the Santa Cruz County Superior Court does provide assistance to those who have financial hardships when paying a fine. An individual may request a payment plan, opt to do community service work in lieu of the fine, or request a fine reduction if he or she is unable to pay the full fine amount.2 Attached to the proposed Resolution is a complete copy of the proposed version of the City’s updated bail schedule. Highlighted in yellow in the attached, and excerpted below, are the provisions of the bail schedule which will be added pursuant to this update. The words in red color represent new or additional language, where applicable. Old invalid or otherwise repealed ordinances being removed from the bail schedule are not excerpted below, but are shown in strikethrough in the attached bail schedule.
1 An explanation of how the additional assessments levied by the court are calculated can be located at https://www.santacruz.courts.ca.gov/system/files/forms-and-filings/web-suptmv-051-why-your-bail-or-court-fineso-much.pdf. 2 Financial Hardship and Inability to Pay Your Fine, Santa Cruz Superior Court https://www.santacruzcourt.org/content/financial-hardship

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

Code Title Fine

18.15.040 VIOLATION OF ENERGY CODE – 1st OFFENSE (infraction) 100

18.15.040
VIOLATION OF ENERGY CODE – 2nd OFFENSE WITHIN ONE
YEAR (infraction) 200

18.15.040
VIOLATION OF ENERGY CODE – ALL SUBSEQUENT
OFFENSES WITHIN ONE YEAR (infraction) 300
FISCAL IMPACT: None.

Prepared By:

Claire Hard
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION .DOC

2. PROPOSED 2024 BAIL SCHEDULE.PDF

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

ADOPTING AN UPDATED BAIL SCHEDULE AND DIRECTING STAFF TO FORWARD

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

Code Title Fine

18.15.040 VIOLATION OF ENERGY CODE – 1st OFFENSE (infraction) 100

18.15.040
VIOLATION OF ENERGY CODE – 2nd OFFENSE WITHIN ONE
YEAR (infraction) 200

18.15.040
VIOLATION OF ENERGY CODE – ALL SUBSEQUENT OFFENSES
WITHIN ONE YEAR (infraction) 300
The Clerk’s Office is hereby directed to send, via certified mailing, a certified copy of this newly adopted Bail Schedule and a copy of this Resolution to the Santa Cruz Superior Court Clerk’s Office.

PASSED AND ADOPTED this 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

9.3 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

2.10.085 CAMPAIGN EXPENDITURE/CONTRIBUTION VIOLATION 110

2.20.110

VIOLATION OF ORDER OF EMERGENCY SERVICES DIRECTIOR
(misdemeanor) 500

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

3.16.220 VIOLATION OF ANY PROVISION OF 3.16 SALES TAX 500

3.28.030 FAILURE TO REMIT/PAY TRANSIENT OCCUPANCY TAX 500

3.28.060 FAILURE TO REGISTER FOR TRANSIENT OCCUPANCY CERTIFICATE 100

3.28.070 FAILURE TO TIMELY SUBMIT TRANSIENT OCCUPANCY TAX REPORT 100

3.28.080 FAILURE TO RETAIN TRANSIENT OCCUPANCY TAX RECORDS 100

3.36.030 FAILURE TO COLLECT/REMIT ADMISSION TAX 100

3.36.050 FAILURE TO REGISTER FOR ADMISSION TAX REGISTRATION CERTIFICATE 100

3.36.100 FAILURE TO TIMELY SUBMIT ADMISSION TAX REPORT 100

3.36.190 FAILURE TO RETAIN ADMISSION TAX RECORDS 100

4.02.080 ENTERING/OCCUPYING CONDEMNED PROPERTY (Misdemeanor) 500

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

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

5.07.320 VIOLATION OF CANNABIS BUSINESS TAX ORDINANCE 500

5.12.020 VIOLATION OF HOTEL REGISTRY REQUIREMENTS 60

5.16.020 TAXICABS, OWNERS AND DRIVERS PERMITS REQUIRED 50

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

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

5.18.020 FOR HIRE VEHICLES, OWNERS PERMITS REQUIRED 50

5.28.020 AUCTIONS 30

5.36.040 DISTRIBUTION OF LITERATURE 30

5.40.030 BUSINESS LICENSE REQUIRED - PEDDLER/SOLICITOR 60

5.40.040 PEDDLING, SOLICITING AND CANVASSING, ENTRY UPON SIGNED 60

PREMISES UNLAWFUL

5.40.050 PEDDLING/SOLICITING/CANVASSING - HRS OF SOLICITATION 60

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

5.44.020 ENTERTAINMENT, PERMIT REQUIRED 100

5.44.030 ACCESSORIES TO ENTERTAINMENT VIOLATIONS 30

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

5.44.150

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

5.48.010 CARDROOMS AND TABLES, HOURS 150

5.48.020 CARDROOMS AND TABLES, PERMIT 150

5.48.050 CARDROOMS AND TABLES, ALCOHOLIC BEVERAGES 150

5.48.060 CARDROOMS AND TABLES, LOITERING 150

5.52.010 POOL, BILLIARDS, BAGATELLE LICENSE REQUIREMENTS 110

5.52.090 POOL, BILLIARDS, BAGATELLE CLOSING TIME 110

5.56.020 FORTUNE TELLING 100

5.76.040 BINGO, RULES & REGULATIONS 50

5.76.070 BINGO, PERMIT REQUIRED 50

9.4 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

5.76.180 BINGO, FILING OF ANNUAL REPORT REQUIRED 50

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

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

5.82.110(m)

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

6.04.0601A SMOKING PROHIBITED IN ELEVATORS 40

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

WAITING AREAS OF PUB TRANSIT DEPOTS

6.04.0601C SMOKING PROHIBITED IN RESTROOMS 40

6.04.0601D SMOKING PROHIBITED IN SERVICE LINES 40

6.04.0601E SMOKING PROHIBITED IN RETAIL STORES 40

6.04.0601F SMOKING PROHIBITED IN PLACES OF EMPLOYMENT 40

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

THE GENERAL PUBLIC IN BUSINESSES

6.04.0601H SMOKING PROHIBITED IN RESTAURANTS 40

6.04.0601I SMOKING PROHIBITED IN THEATER BAR COMBINATIONS AND DINNER 40

THEATERS

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

AND MUSEUMS WHEN OPEN TO THE PUBLIC

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

USED FOR EXHIBITING PERFORMANCES

6.04.0601L SMOKING PROHIBITED IN SPORT ARENA/CONVENTION HALLS 40

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

MEETING OR PUBLIC ASSEMBLY

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

PATIENT ROOMS OF HEALTH FACILITIES

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

AREAS IN MULTIPLE-UNIT FACILITIES

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

IN MULTIPLE-UNIT COMMERCIAL FACILITIES

6.04.0601Q SMOKING PROHIBITED IN POLLING PLACES 40

6.04.0601R SMOKING PROHIBITED IN CHILD CARE FACILITIES AND PRIVATE 40

RESIDENCES USED AS DAY CARE HOMES

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

TRAILS WHERE POSTED AS NONSMOKING

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

ROOMS, GAME ROOMS, POOL HALLS, DANCE HALLS

6.04.0601U SMOKING PROHIBITED IN AREAS WHICH SHARE AIR SPACE 40

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

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

6.04.0601X SMOKING PROHIBITED IN ABBOTT SQUARE 40

6.05.030

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

6.06.030 RESTRICTIONS ON TOBACCO ADVERTISING 40

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

9.5 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail
(Infraction)

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

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

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

6.07.020(m) UNLAWFUL TOBACCO RETAILING 5000

6.12.035

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

6.12.035

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

6.12.035

SCAVENGING/REMOVE SALVAGE OR REMOVE MATERIALS FROM SOLID

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

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

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

6.12.040

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

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

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

6.12.050

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

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

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

6.12.180

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

6.14.020C DOG LICENSE DISPLAY 30

6.20.010 PRIVIES 30

6.20.020 SEPTIC TANKS & CESSPOOLS 30

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

6.36.030(a)

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

9.6 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

6.36.030(b)

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

6.36.030(b)

CAMPING ON PRIVATE PROPERTY PROHIBITED- PUBLIC NUISANCE -

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

6.36.040(a) OVERNIGHT ENCAMPMENTS PROHIBITED (infraction) 5

6.36.040(a)

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

6.36.040(b) DAYTIME ENCAMPMENTS PROHIBITED (infraction) 5

6.36.040(b)

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

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

6.36.040(g)

OVERNIGHT/DAYTIME ENCAMPMENTS PROHIBITED EXCEEDS NINETY-SIX

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

6.36.060(a)

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

6.36.060(a)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - IMPEDE

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

6.36.060(b)

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

6.36.060(b)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - DUMP GRAY

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

6.36.060(c)

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

6.36.060(c)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - ELECTRICAL

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

6.36.060(d)

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

6.36.060(d)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - PUBLIC

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

6.36.060(e)

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

6.36.060(e)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - OPEN FIRES -

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

6.36.060(f)

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

9.7 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

6.36.060(f)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - MAINTAIN IN

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

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

6.36.060(g)

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

6.36.060(g)

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

6.36.060(h)

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

6.36.060(h)

VIOLATION OF ADDITIONAL CRITERIA FOR ENCAMPMENTS - DAMAGE TO

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

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

6.48.025

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

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

6.48.040.2A PENALTY AFTER FIRST 30 DAYS - FIRST WARNING 100

6.48.040.2B PENALTY FOR SECOND VIOLATION IN 60 DAYS 200

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

6.48.0403A EVENTS OF 1 TO 200 PERSONS 200

6.48.0403B EVENTS OF 201 TO 400 PERSONS 400

6.48.0403C EVENTS OF 401 TO 600 PERSONS 600

6.48.0403D EVENTS OF 600 OR MORE PERSONS 1000

6.49.035 BAG ORDINANCE VIOLATION 50

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

6.50.530A UNAUTHORIZED RELEASE OF HAZARDOUS MATERIALS 250

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

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

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

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

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

6.75.030
GRAFFITI PROHIBITED TO REMAIN ON PROPERTY - knowing and willful violation, or THREE OR MORE OFFENSES WITHIN ONE YEAR (misdemeanor) 100

6.75.040

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

6.75.040

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

6.75.040

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

6.93.140(2) UNLAWFUL VIOLATION OF SAFE DRUG 50

9.8 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

AND SHARPS DISPOSAL REGULATIONS

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

AND SHARPS DISPOSAL REGULATIONS

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

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

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

8.08.020 INTERFERENCE WITH POUNDMASTER 110

8.12.105 FAILURE TO SPRAY ADOPTED WITH ANIMAL 50

8.14.010 DOG LICENSE & METALLIC TAG REQUIRED 20

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

8.14.020A LICENSE TAGS SHALL BE SECURELY DISPLAYED UPON DOGS 30

8.14.020B LICENSE NOT TRANSFERABLE TO ANOTHER DOG AND SHALL 30

BECOME VOID UPON TRANSFER OF DOG TO ANOTHER OWNER

8.14.020C DOG LICENSE DISPLAY 30

8.14.040 VACCINATION REQUIRED 20

8.14.130 NUMBER OF FEMALE DOGS 20

8.14.199 DOGS ON UCSC CAMPUS 20

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

SANTA CRUZ

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

THE SAN LORENZO RIVER

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

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

BETWEEN WATER ST AND ELM ST

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

OTHER PUBLIC PROPERTY OF THE WHARF

8.14.200E DOGS PROHIBITED ON DESIGNATED PARK PROPERTIES 60

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

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

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

8.14.215 REMOVAL DOG DROPPINGS 60

8.14.310 DOGS AT LARGE 60

8.14.320 LEASH LAW 40

8.14.330 SAFETY OF ANIMAL IN MOTOR VEHICLE 60

8.14.340 SAFETY OF ANIMAL IN PARKED VEHICLE 60

8.14.380 ANIMAL DEFECATING ON OTHER PROPERTY 30

8.14.390 ANIMAL NUISANCE, NOISE 30

8.14.400 DOGS HARASSING PEOPLE 125

8.14.410 ANIMALS INJURING, KILLING OTHER ANIMALS 100

8.14.420A LIVESTOCK/WILD ANIMALS AT LARGE 100

8.14.430 DOG THREATEN OR INJURE WILD GAME OR LIVESTOCK 100

8.14.440 VICIOUS ANIMAL 110

8.14.445 POSSESSION OF WILD ANIMAL 110

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

8.14.560 TRAPS NOTICE OF CUSTODY OF STRAY ANIMALS 40

9.9 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

8.14.600 FAILURE TO QUARANTINE 540

8.16.030 MANDATORY SPAYING/NEUTERING 40

8.18.060 PERMIT FOR KEEPING WILD ANIMALS 20

8.18.070 KEEPING DISEASED OR CRIPPLED ANIMALS 20

8.18.100 DEAD ANIMALS IN PUBLIC PLACES 20

8.18.120 INJURE, KILL OR CAPTURE WILDLIFE 60

9.04.060A FAILURE OF INNKEEPER TO REPORT UNACCOMPANIED MINORS 60

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

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

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

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

9.10.020 SOLICITING AFTER SUNSET OR BEFORE SUNRISE 50

9.10.030 PLACE OF SOLICITATION 50

9.10.030A SOLICIT AT ANY BUS STOP 50

9.10.030B SOLICIT IN ANY PUBLIC TRANSPORTATION VEHICLE 50

9.10.030C SOLICIT IN ANY VEHICLE ON THE STREET 50

9.10.030D SOLICIT ON PRIVATE PROPERTY WITHOUT PERMISSION 50

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

BUILDING OPEN TO THE PUBLIC

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

FINANCIAL INSTITUTION BUILDINGS

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

OR OTHER FINANCIAL INSTITUTION

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

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

SEPARATING PRIVATE PROPERTY FROM PUB RIGHT OF WAY

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

PLANTER, MONUMENT, OR OTHER PUBLIC PROPERTY

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

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

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

9.10.030M Solicit within 14 feet of any kiosk. 50

9.10.040A SOLICITING WITHIN 3 FT OF PERSON SOLICITED 50

9.10.040B SOLICIT BY BLOCKING PATH OF PERSON SOLICITED 50

9.10.040C SOLICIT BY FOLLOWING PERSON WHO WALKS AWAY 50

9.10.040D SOLICIT BY USING PROFANE OR ABUSIVE LANGUAGE 50

9.10.040E SOLICITING IN A GROUP OF TWO OR MORE 50

9.10.040F SOLICITING UNDER THE INFLUENCE OF ALCOHOL/DRUGS 50

9.10.040G SOLICITING WHILE IN POSSESSION OF A DOG 50

9.10.050A FALSE OR MISLEADING REPRESENTATION IN THE COURSE OF 50

SOLICITING A DONATION

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

DIFFERENT PURPOSE

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

9.12.020 CONSUMPTION OF INTOXICATING LIQUORS IN PUBLIC PLACES 70

9.12.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 210

9.10 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

9.12.030 DISPLAY/POSSESSION OF OPEN CONTAINERS 70

9.12.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 210

9.12.030 DISPLAY OF OPEN CONTAINERS WITHIN 48 HOURS 50

9.12.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 150

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

9.12.040 SAFETY ENHANCEMENT ZONE TRIPLE FINE 150

9.12.050 POSSESSION OF ALCOHOL IN SAN LORENZO PARK 70

9.12.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 210

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

9.12.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 525

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

9.16.010 GAMING CURFEW 110

9.16.060 GAMING, VISITING 110

9.20.010 DEFACING SIDEWALKS 60

9.20.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

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

9.26.080

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

9.26.090 FIREARM DEALER - COMPLIANCE WITH LAW (infraction) 60

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

9.26.100 FIREARM DEALER - RECORD MAINTENANCE (infraction) 60

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

9.26.155 FIREARM DEALER - INSURANCE REQUIREMENT (infraction) 60

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

9.26.160 FIREARM DEALER - OPERATION WITHOUT AUTHORIZATION (infraction) 60

9.26.160

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

9.28.010 DISCHARGE OF FIREARMS 150

9.28.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 450

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

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

9.30.010 REPORTING LOST OR STOLEN FIREARMS (Infraction) 60

9.30.010 REPORTING LOST OR STOLEN FIREARMS (Misdemeanor) 110

9.32.020 CITY PROPERTY - FIREARM/AMMUNITION PROHIBITED 110

9.36.010 CURFEW, OFFENSIVE NOISE 60

9.36.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.010A CURFEW, OFFENSIVE NOISE BETWEEN THE HOURS OF 10 PM AND 60 8:00 AM

9.36.010A SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

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

USED FOR SLEEPING PURPOSES

9.36.010A1 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.010A2 CURFEW, OFFENSIVE NOISE WHICH DISTURBS ANY PERSON 60

9.11 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

WITHIN HEARING DISTANCE OF SUCH NOISE

9.36.0101A2 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.36.020 UNREASONABLY DISTURBING NOISES 100

9.36.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

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

9.36.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 450

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

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

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

9.40.070 SOUND AMPLIFICATION DEVICES VIOLATION (infraction) 100

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

9.46.020 AUTOMATIC CALLING DEVICES, TELEPHONE ADVERTISING 200

9.49.040 PROHIBITED SIGNS 30

9.49.040A PROHIBITED COMMERCIAL SIGNS 30

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

TRAFFIC SIGN, SIGNAL, TREE, OR SHRUB

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

PLACED SIGN

9.49.060 FAILURE TO REMOVE PROHIBITED SIGN 30

9.50.010 OBSTRUCTION OF MOVEMENT IN PUBLIC PLACES 30

9.50.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

9.50.011 LYING DOWN ON PUBLIC SIDEWALKS IN DESIGNATED CITY ZONES 60

9.50.011 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.50.012 SITTING ON SIDEWALKS IN DESIGNATED CITY ZONES 60

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

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

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

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

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

9.50.012B SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

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

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

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

9.50.012D SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

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

9.50.012E SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.12 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

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

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

9.50.012F SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

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

9.50.012G SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

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

9.50.012H SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

9.50.013(A) SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.50.013(B) SUBSEQUENT OFFENSE AFTER NOTIFICATION 110

9.50.013(B) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.016 PUBLIC URINATION AND DEFECATION PROHIBITED 80

9.50.016 SAFETY ENHANCEMENT ZONE TRIPLE FINE 240

9.50.016 PUBLIC URINATION AND DEFECATION PROHIBITED WITHIN 30 DAYS OR 110

ONE OR MORE PRIOR

9.50.016 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

PUBLIC PROPERTY, LAWN, OR BENCH

9.50.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

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

9.50.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

9.50.030(1) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

OR PLANT

9.50.030(2) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

GASEOUS, LIQUID OR SOLID SUBSTANCES

9.50.030(4) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

9.50.030(5) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(6) CLIMB ANY TREE OR PLANT 110

9.50.030(6) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

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

9.50.030(7) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.030(8) DAMAGE PUBLIC PROPERTY OR APPURTENANCES 110

9.50.030(8) SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.50.050 SMOKING ON PUBLIC PROPERTY 20

9.50.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 60

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

9.50.070 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.51.010 FISHING FROM BRIDGES 20

9.13 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

9.52.010 UNLAWFUL DIVING 110

9.56.050 HARMING HERITAGE TREE OR SHRUB 500

9.56.060 PERMIT REQUIRED FOR WORK SIGNIFICANTLY AFFECTING HERITAGE 214

9.56.060A REMOVAL OF HERITAGE TREE WITHOUT A PERMIT 214

9.56.060A REMOVAL OF HERITAGE TREE WITHOUT A PERMIT 214

9.56.060A REMOVAL OF HERITAGE TREE WITHOUT A PERMIT 214

9.56.090 STATE TREE CARE LICENSE REQUIRED 215

9.56.100 HARMING HERITAGE TREE ON PUBLIC PROPERTY 500

9.58.040 ALARM SYSTEMS, REGISTRATION 60

9.58.080 FALSE ALARM 60

9.60.010 TRESPASSING 60

9.60.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

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

9.60.010A SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

9.60.010B ENTERING BUSINESS PREMISES AFTER BEING NOTIFIED TO KEEP 60

OFF OR KEEP AWAY THERE FROM

9.60.010B SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

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

9.60.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 330

9.62.010 TRESPASS PUBLIC TRANSIT FACILITY (Infraction) 50

9.62.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 150

9.62.010 TRESPASS PUBLIC TRANSIT FACILITY (Misdemeanor) 250

9.62.010 SAFETY ENHANCEMENT ZONE TRIPLE FINE 750

9.64.030 TRESPASS PARKING GARAGE/LOT - AFTER WARNING 50

9.66.030 PROHIBITED USE OF WATER SPORTS EQUIPMENT 30

9.66.050 BLACKBALL POSTED NO SWIMMING OR BATHING 30

9.66.060 REGULATION OF OCEAN WATER SPORTS 30

9.66.080 OVER 5 KNOTS IN 5 KNOT ZONE 30

9.66.090 INSIDE 300 YARD ZONE 30

9.66.100 UNSAFE OPERATION 30

9.70.020 AREA WITHDRAWN FROM ACCESS 50

9.83.030 DISCRIMINATION - EMPLOYMENT 250

9.83.040 DISCRIMINATION - HOUSING/REAL ESTATE 250

9.83.050 DISCRIMINATION - BUSINESS/PUBLIC ACCOMODATION 250

9.83.060 DISCRIMINATION - EDUCATION 250

9.83.100 DISCRIMINATION - COERCION OR RETALIATION 250

9.83.110 DISCRIMINATION - PRESERVATION OF BUSINESS RECORDS 250

10.12.020 PERSONS OTHER THAN OFFICIALS DIRECTING TRAFFIC 20

10.12.020 SAFETY ENHANCEMENT ZONE TRIPLE FINE 60

10.12.030 OBEDIENCE TO POLICE OR AUTHORIZED OFFICERS 100

10.12.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

10.12.050 OBSTRUCT/INTERFERE WITH POLICE OR AUTHORIZED OFFICERS 65

10.12.050 SAFETY ENHANCEMENT ZONE TRIPLE FINE 195

10.12.060 AUTHORITY OF POLICE IN CROWDS OF PEOPLE AND VEHICLES 65

10.12.060 SAFETY ENHANCEMENT ZONE TRIPLE FINE 195

10.12.070 PUBLC EMPLOYEES TO OBEY TRAFFIC REGULATIONS 65

10.12.070 SAFETY ENHANCEMENT ZONE TRIPLE FINE 195

10.12.090 REPORT OF DAMAGE TO CERTAIN PROPERTY-VEHICLE OWNER 30

9.14 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

10.12.090 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

10.16.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 30

10.16.030 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

10.16.090 UNAUTHORIZED PAINTING OF CURBS 30

10.16.090 SAFETY ENHANCEMENT ZONE TRIPLE FINE 90

10.20.030 SIGNAL CONTROL INTERSECTIONS, RIGHT TURNS 50

10.28.030 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING-STOPPING 50

10.32.010 DRIVING THROUGH FUNERAL PROCESSION OR PARADE 50

10.32.020 CLINGING TO MOVING VEHICLE 50

10.32.030 COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS 50

10.32.040 RIDING OR DRIVING ON SIDEWALK 50

10.32.050 NEW PAVEMENT AND MARKINGS 50

10.32.060 OBEDIENCE TO BARRIERS AND SIGNS 60

10.32.060 OBEDIENCE TO BARRIERS AND SIGNS, PEDESTRIAN 20

10.32.070 ENTRANCE INTO INTERSECTION, OBSTRUCT TRAFFIC 50

10.32.080 LIMITED ACCESS 30

10.32.090 RESTRICTIONS IN USE OF FREEWAYS 20

10.32.100 CROSSING FIRE HOSE 30

10.32.110 VEHICLES RESTRICTED ON BEACHES & PARKS 60

10.36.020 PEDESTRIANS, CROSSWALKS 20

10.36.030 SPECIAL PEDESTRIAN TRAFFIC SIGNALS 20

10.36.040(c) REMAINING ON MEDIANS/ROUNDABOUTS 20

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

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

DEVICES RESTRICTED

10.40.070 REPAIRING OR GREASING VEHICLES ON PUBLIC STREET 51

10.40.070 SAFETY ENHANCEMENT ZONE TRIPLE FINE 144

10.40.115 STOPPING OR STANDING OF COMMERCIAL VEHICLES OF CERTAIN 43

WEIGHT IN RESIDENTIAL DISTRICT

10.40.115 SAFETY ENHANCEMENT ZONE TRIPLE FINE 180

10.40.120(b)

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

10.40.120(c)

PARKING OF OVERSIZED VEHICLES - UNPERMITTED OPEN FIRES ON

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

10.40.120(d)

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

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

10.40.120(k)

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

10.40.250 STOPPING OR STANDING IN HANDICAPPED PARKING AREA 290

10.40.250 SAFETY ENHANCEMENT ZONE TRIPLE FINE 870

10.40.270 ENGINE IDLING (infraction) 50

10.48.010 LOUD NOISES IN VEHICLES 50

10.48.030B SEMI TRUCK FAILING TO REMAIN ON TRUCK ROUTE 100

9.15 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

10.52.090

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

10.52.100 IMPROPER USE OF METER 50

10.54.030 PROHIBITED TO REPAIR OR GREASE VEHICLES 81

10.54.040 PROHIBITED TO WASH OR POLISH VEHICLES 51

10.56.030 TRAINS NOT BLOCK CROSSING 50

10.60. TRAINS, SPEED LIMIT 110

10.64.030A UNLAWFUL PUBLIC GATHERING EVENT 60

10.64.030B UNAWLFUL PUBLIC GATHERING PARTICIPATION 60

10.64.030C VIOLATION OF PUBLIC GATHERING PERMIT CONDITIONS 60

10.64.030D INTERFERENCE WITH PUBLIC GATHERING EVENT 60

10.64.030E VEHICULAR INTERFERENCE WITH PUBLIC GATHERING EVENT 60

10.64.030F FAILURE TO COMPLY WITH PUBLIC EVENT REVOCATION ORDER 60

10.64.030G PUBLIC/MAJOR EVENT VIOLATIONS, MISDEMEANOR 100

10.64.060 PERMIT REQUIRED - PUBLIC/MAJOR EVENT 60

10.64.070 PERMIT REQUIRED EXCEPTIONS - PUBLIC/MAJOR EVENT 60

10.64.090 APPLICATION - PUBLIC/MAJOR EVENT 60

10.64.100 LATE APPLICATION - PUBLIC/MAJOR EVENT 60

10.64.110 APPLICATION FEE - PUBLIC/MAJOR EVENT 60

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

10.65.030 (f) PUBLIC GATHERING VIOLATION (misdemeanor) 120

10.68. VEHICLES & TRAFFIC Bicycles 60

10.68.030 BICYCLES, OPERATION UPON SIDEWALKS 20

10.68.040 BICYCLES, GROUP OPERATION 20

10.68.050 BICYCLES, PARKING 20

10.68.060 BICYCLES, PARKING PROHIBITED 10

10.68.070 BICYCLES, RACING AND TRICK RIDING 10

10.68.080 PLACING OF BICYCLE RACKS 30

10.68.090 BICYCLES, PASSENGERS 10

10.68.100 BICYCLES, ENTERING PUBLIC RIGHT-OF-WAY 10

10.68.110 BICYCLE LICENSE PERMIT REQUIRED 20

10.68.160 TAMPERING WITH LICENSE OR SERIAL NUMBERS 20

10.68.200 OPERATING OF MOTORIZED BIKE ON MUNICIPAL PATHWAYS 30

10.69.010 ACCUMULATION AND STORAGE OF AN ABANDONED, DISMANTLED, 60

OR INOPERATIVE BICYCLE PARTS ON PUBLIC PROPERTY

10.75.270 TOWING VEHICLES - PUBLIC PROPERTY - PROHIBITED ACTS 80

10.80.190 TOWING VEHICLES - PRIVATE PROPERTY - OPERATING WITHOUT PERMIT 80

13.04.010 LIMITATIONS ON ACCESS AND USE OF PUBLIC PROPERTY 80

13.04.011C IN PARK AFTER HOURS 30

13.04.011D VIOLATION AMOUNT 50

13.04.021 OUTSIDE DESIGNATED FENCED AREA, LIGHTHOUSE POINT 80

13.08.010 BASEBALL ON BEACHES 30

13.08.020 LITTERING IN PARKS OR ON BEACHES 30

13.08.025 GLASS ON BEACH 30

13.08.030 ALCOHOLIC BEVERAGES 30

13.08.040 VEHICLE RESTRICTED ON BEACH AND PARK 80

13.08.050 FIRES PROHIBITED ON BEACH AND OR PARK 30

13.08.060 UNLAWFUL BATHING AND SWIMMING 30

9.16 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

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

OF WATER IN ANY CITY PARK

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

DESIGNATED

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

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

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

13.08.110 SAFETY ENHANCEMENT ZONE TRIPLE FINE 300

13.10.070 SELLING ANYTHING IN PUBLIC PARK OR BEACH WITHOUT PERMIT 60

13.12. PARKS & RECREATION Use of Skateboards & Bicycles 60

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

RECREATIONAL FACILITY DESIGNATED FOR SKATEBOARDING

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

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

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

13.30.100(a) PLANTING STREET TREES PERMIT REQUIRED 250

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

14.04. HARBOR & WHARF Municipal Wharf 30

14.04.260 UNNECESSARY DELAY 30

14.04.270 VESSEL REMAINING AT LANDING WHEN NOT LOADING OR DISCHARGING 30

14.04.280 MUNICIPAL WHARF, OBSTRUCTING APPROACH/EXIT 30

14.04.310 MALICIOUS SETTING ADRIFT 30

14.04.320 DOLPHINS OR WHARVES IN TURNING 110

14.04.330 FIRES PROHIBITED ON BOATS OR VESSELS 60

14.04.340 MUNICIPAL WHARF, MALICIOUS INJURY TO PROPERTY 100

14.04.360 MUNICIPAL WHARF, OBSTRUCTION 60

14.04.430 MUNICIPAL WHARF, GARBAGE 30

14.04.450 MUNICIPAL WHARF, FAIRWAY TO BE KEPT CLEAR 30

14.04.470 REPAIRS ON WHARF, PERMIT 20

14.04.480 MUNICIPAL WHARF, SOLICITING 20

14.04.490 PROTECTION OF WILDLIFE 20

14.04.550 MUNICIPAL WHARF, OPEN FIRE 130

14.06. HARBOR & WHARF Wharf Vehicle Regulations 60

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

SEE SPEED

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

SEE SPEED

15.08. STREETS AND SIDEWALKS General Provisions SCHEDULE

15.08.030 DRIVEWAY PERMIT 20

15.12. STREETS AND SIDEWALKS Standards 20

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

9.17 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

15.28.010 STREET CUTTING, PERMIT 60

15.32. STREETS AND SIDEWALKS Obstructions 60

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

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

IN PLACE FOR AN UNREASONABLE PERIOD OF TIME

15.32.030 STREET OBSTRUCTION, MAINTENANCE AFTER DARK 20

15.32.040 SIDEWALK OBSTRUCTION, AFTER DARK 20

15.34. STREETS AND SIDEWALKS Encroachment Permits 20

15.36.010 PAINTING OF STREETS 20

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

16.02.040(a)(2)

EXCESS WATER RUNNING TO WASTE FROM LANDSCAPE IRRIGATION SYSTEM 100

16.02.040(a)(3) UNCORRECTED PLUMBING LEAK 100

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

16.02.040(a)(5)

CLEANING OF STRUCTURES AND VEHICLES WITHOUT HOSE SHUTOFF VALVE 100

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

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

16.02.040(a)(8)

RECYCLED WATER AND TIMERS REQUIRED AT COMMERCIAL CAR
WASHES 100

16.02.040(a)(9)

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

16.02.040(a)(10) INDISCRIMINATE RUNNING OF WATER WITHOUT REASONABLE PURPOSE 100

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

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

16.05.010B1 LOCH LOMOND, NUDITY 60

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

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

16.05.030B LOCH LOMOND, ENTRY WHEN FACILITY CLOSED 120

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

16.05.040A LOCH LOMOND RESERVOIR, NO VALID PERMIT 60

16.05.050(1) LOCH LOMOND, SUITABLE BOATS 60

16.05.050A LOCH LOMOND, BOAT LAUNCHING FROM UNDESIGNATED AREA 60

16.05.050C LOCH LOMOND, BOAT STANDARDS 60

16.05.050K LOCH LOMOND, BOARDING & EXCHANGE OF PASSENGERS 60

16.05.050O LOCH LOMOND, FLOATATION DEVICE 60

16.05.050P LOCH LOMOND, AGE RESTRICTION 60

16.05.060A LOCH LOMOND, FISHING PROHIBITED 60

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

16.05.060C LOCH LOMOND, NO FISHING LICENSE/PERMIT 120

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

16.05.070A LOCH LOMOND, PICNIC IN PROHIBITED AREA 60

16.05.070B LOCH LOMOND, FIRE REGULATIONS 120

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

16.05.080 LOCH LOMOND, HIKING IN PROHIBITED AREA 60

16.05.090A LOCH LOMOND, DEPOSIT HUMAN WASTE IN RESERVOIR 120

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

9.18 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

16.05.090C LOCH LOMOND, LITTERING 60

16.05.100B LOCH LOMOND, DRIVE VEHICLE IN RESTRICTED AREA 120

16.05.100C LOCH LOMOND, LEASH LAW 120

16.05.100D LOCH LOMOND ALCOHOL POSSESSION WITHOUT PERMIT 120

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

16.05.100F LOCH LOMOND, POSSESS FIREARMS 120

16.05.100G LOCH LOMOND, MARK OR DEFACE INFRASTRUCTURE 120

16.05.100 M UNLAWFUL RELEASE OF ORGANISM INTO LOCH LOMOND RESERVOIR 100

16.05.110A LOCH LOMOND, SMOKING IN PROHIBITED AREA 120

16.05.110B LOCH LOMOND, OPEN FIRES 120

16.05.110C LOCH LOMOND, FIRES IN PROHIBITED AREA 120

16.05.110D LOCH LOMOND, PORTABLE BARBEQUES` 120

16.05.110E LOCH LOMOND, DISPOSE OF CHARCOAL 120

16.05.110F LOCH LOMOND, SMOKING, FIRES WHEN PROHIBITED 120

16.06.030A WATER WELLS, PERMIT 100

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

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

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

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

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

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

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

16.08.110

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

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

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

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

16.19.030

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

16.19.030

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

16.19.040

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

16.19.040

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

16.19.090

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

9.19 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

16.19.090

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

18.04.060 BUILDING CODE VIOLATIONS 100/200/500

18.06.020A BUILDING PERMIT FINAL INSPECTION, UNLAWFUL OCCUPATION 110

OF PREMISES

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

WITHOUT FULL DISCLOSURE

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

REFUSAL TO INSTALL

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

RETALIATORY EVICTION OF TENANTS

18.08.0801 ELECTRIC CODE GENERAL REQUIREMENTS, MATERIALS, DEVICES, 110

18.08.0802 APPLIANCES, APPARATUS & EQUIPMENT/SAFETY

18.12 ELECTRIC CODE GENERAL REQUIREMENTS 110

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

18.12.080.2 APPLIANCES, APPARATUS & EQUIPMENT/SAFETY

18.12.080.3 PLUMBING CODE REQUIREMENTS, INSTALLATION STANDARDS 110

18.14 PLUMBING CODE REQ, PREVIOUSLY USED MATERIALS 110

MECHANICAL CODE

18.14.080.1 MECHANICAL CODE GENERAL REQ, MATERIALS, DEVICES, 110

18.14.080.2 APPLIANCES, APPARATUS & EQUIPMENT/SAFETY

18.15.040 VIOLATION OF ENERGY CODE – 1st OFFENSE (infraction) 100

18.15.040 VIOLATION OF ENERGY CODE – 2nd OFFENSE WITHIN ONE YEAR (infraction) 200

18.15.040
VIOLATION OF ENERGY CODE – ALL SUBSEQUENT OFFENSES WITHIN ONE YEAR (infraction) 300

18.20.090 MECHANICAL CODE, PREVIOUSLY USED MATERIALS 110

18.20.140 HOUSE MOVING, PERMIT REQUIRED 110

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

18.32.030 SWIMMING POOLS, ENCLOSURES 110

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

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

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

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

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

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

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

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

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

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

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

9.20 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

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

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

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

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

19.05.120

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

19.05.120

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

19.05.120

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

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

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

19.05.130

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

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

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

19.05.140

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

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

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

19.05.170

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

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

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

19.05.180

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

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

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

19.05.190

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

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

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

19.05.300

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

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

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

19.05.310

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

21.01.010 UNLAWFUL TO DISCRIMINATE IN HOUSING (infraction) 100

9.21 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail

21.01.010

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

21.02.070

FAILURE TO NOTIFY TENANT OF SECURITY DEPOSIT INTEREST
ENTITLEMENT 50

21.03.060

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

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

24.04.221.3 VIOLATION OF STOP ORDER 60

24.04.250.1 USES AND CONDITIONS NOT PERMITTED IN DISTRICT 60

24.04.250.2 USES AND CONDITIONS CONTRARY TO ZONING ORD. 60

24.04.250.3 USES AND CONDITIONS WITHOUT ZONING PERMIT 60

24.04.250.4 USES WITHOUT OCCUPANCY PERMIT 100/200/500

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

24.04.250.6 VIOLATION OF ZONING ENFORCEMENT ORDER 60

24.08.410 DESIGN PERMIT REQUIRED 60

24.08.610 CONDITIONAL FENCE PERMIT REQUIRED 100/200/500

24.08.900 HISTORIC ALTERATION PERMIT REQUIRED 100/200/500

24.10.100 CAPACITY OR USE INTENSITY 100/200/500

24.10.140 CONDUCT OF COMMERCIAL ACTIVITIES 100/200/500

24.10.160 HOME OCCUPATION VIOLATION 100/200/500

24.10.350.2 ONE DWELLING PER LOT 60

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

24.12.125 LANDSCAPING REQUIREMENT 60

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

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

24.12.140.4A ACCESSORY BUILDING OCCUPANCY 100/200/500

24.12.140.7 ACCESSORY BUILDINGS- ADMINISTRATIVE USE AND DESIGN 60

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

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

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

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

SIX-MONTH PERIOD

24.12.240 NUMBER OF PARKING SPACES REQ 60

24.12.270.3 HANDICAPPED PARKING SPACE REQUIREMENTS 60

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

24.12.290.8 PARKING REQUIREMENTS ON LOTS OF LESS THAN 50 FEET 60

24.12.320 ILLEGAL SIGNAGE 100/200/500

24.12.320.3 MOVEABLE FREE STANDING SIGNS 100/200/500

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

24.12.430.5 DISCOVERY OF ARCHEOLOGICAL RESOURCES - FAILURE TO STOP WORK 500

24.12.510 MOBILE HOMES, GENERAL REQUIREMENTS 60

24.12.620 DOMESTIC ANIMALS RESTRICTIONS 100/200/500

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

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

24.12.620.3 NO PART OF ANIMAL ENCLOSURE SHALL BE LOCATED LESS THAN 100/200/500

9.22 RESOLUTION NO. NSEXHIBIT A
Consolidated Bails Fees Schedule of the
Municipal Code of the City of Santa Cruz
Effective: 01/09/2024
Section Description Bail
25 FEET FROM ANY DWELLING 100/200/500

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

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

24.12.1100 ALCOHOLIC BEVERAGE SALES, SPECIAL USE PERMIT 100

24.12.1102 ALCOHOLIC BEVERAGE SALES REQUIREMENTS FOR HIGH RISK 100

ALCOHOL

24.12.1103 ALCOHOLIC BEVERAGE SALES, ADMINISTRATIVE USE PERMIT 100

REQUIRED

24.12.1300 PERMIT REQUIRED FOR MEDICAL MARIJUANA PROVIDER

ASSOCIATION DISPENSARIES

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

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

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

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

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

PUBLIC NUISANCE, OR OTHER HAZARD

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

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

24.16.120.3 ACCESSORY DWELLINGS, RS-1-10 60

24.16.120.4 ACCESSORY DWELLINGS, RS-1-7 60

24.16.120.5 ACCESSORY DWELLINGS, RS-1-5 60

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

24.18.020.3 ANY LEGAL NONCONFORMING BUILDING OR STRUCTURE SHALL NOT 60

BE MADE MORE NONCONFORMING

24.18.070 NONCONFORMING USE – DISCONTINUANCE 60

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

MINUTES OF A CITY COUNCIL MEETING
December 12, 2023
10:30 AM
Mayor Keeley opened the City Council Closed Session at 10:36 a.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, Director of Information Technology K. Morgan, Director of Economic Development and Housing B. Lipscomb, Risk and Safety Manager R.

Brandon, City Attorney T. Condotti, Deputy City Clerk Administrator J.

Wood, City Clerk Administrator B. Bush.

Closed Session
City Attorney T. Condotti announced that a need arose after the agenda was published to add an item to Closed Session for discussion and, due to the need for Council direction before the next regularly scheduled Council meeting, requested that Council add an item of significant exposure to litigation as a subsequent need item.

MOTION: Councilmember Watkins, seconded by Councilmember KalantariJohnson, to add one item of subsequent need to the Closed Session: Significant Exposure to Litigation.

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.

10.1 December 12, 2023 CITY COUNCIL MINUTES 6649
Public Comment
Mayor Keeley opened the public comment period at 10:38 a.m. The following person spoke:

Jenai Herod spoke regarding item 1.1.

Mayor Keeley closed the public comment period at 10:41 a.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: Jenai Marie Herod
2) Claimant: Elaine Vierra
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 9, and no reportable action was taken.

2. Real Property Negotiations (Government Code §54956.8) 1) Property: 113 Lincoln Street
APN: 005-141-11
Owner: Christophe Bellito
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Christophe Bellito Under Negotiation: Price, terms of payment, or both
2) Property: 119-123 Locust Street
APN: 005-043-02
Owner: David Posner
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and David Posner Under Negotiation: Price, terms of payment, or both

10.2 December 12, 2023 CITY COUNCIL MINUTES 6650
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 3) Property: 1016 Cedar Street
APN: 005-042-36
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ryan Stirm
Under Negotiation: Price, terms of payment, or both
4) Property: 302 and 326 Front Street
APNs: 005-151-48 and 005-151-35
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and SCFS Venture LLC.

Under Negotiation: Price, terms of payment, or both
5) Property: No site address, Ben Lomond
APN: 072-174-02
Owner: Helena Chen
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Helena Chen Under Negotiation: Price, terms of payment, or both
6) Property: 321 Brackney Road, Ben Lomond
APN: 072-231-12
Owner: Julie K. Daniels
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Julie K. Daniels Under Negotiation: Price, terms of payment, or both
7) Property: No Site Address, Ben Lomond
APN: 072-152-07
Owner: Hai and Nga Nau
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Hai and Nga Nau Under Negotiation: Price, terms of payment, or both

10.3 December 12, 2023 CITY COUNCIL MINUTES 6651
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 8) Property: 7000 Rose Acres Lane, Felton
APN: 071-081-03
Owner: Ronald J. Ballauf c/o Elaine Rebecchi
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Ronald J. Ballauf c/o Elaine Rebecchi
Under Negotiation: Price, terms of payment, or both
9) Property: 234 Caledonium Avenue, Ben Lomond
APN: 072-145-28
Owner: Katrin Craig
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Katrin Craig Under Negotiation: Price, terms of payment, or both
10) Property: 200 Caledonium Avenue, Ben Lomond
APN: 072-145-33
Owner: Brian K. and Leslee A. Warwick
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Brian K. and Leslee A. Warwick Under Negotiation: Price, terms of payment, or both
11) Property: No Site Address, Ben Lomond
APN: 072-174-04
Owner: Milburn D. and Cheryl Lynne Schaaf
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Milburn D. and Cheryl Lynne Schaaf Under Negotiation: Price, terms of payment, or both
12) Property: 7900 Fremont Avenue, Ben Lomond
APN: 072-174-06
Owner: Susan C. Rines
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Susan C. Rines Under Negotiation: Price, terms of payment, or both

10.4 December 12, 2023 CITY COUNCIL MINUTES 6652
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 13) Property: No Site Address, Ben Lomond
APN: 072-181-17
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
14) Property: No Site Address, Ben Lomond
APN: 072-181-25
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
15) Property: No Site Address, Ben Lomond
APN: 072-181-26
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
16) Property: No Site Address, Ben Lomond
APN: 072-182-03
Owner: Cheryl Mercurio
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Cheryl Mercurio Under Negotiation: Price, terms of payment, or both
17) Property: 345 Brackney Road, Ben Lomond
APN: 072-212-36
Owner: Robert C. and Judith A. Gremminger
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Robert C. and Judith A. Gremminger Under Negotiation: Price, terms of payment, or both
18) Property: 370 Brackney Road, Ben Lomond
APN: 072-221-18
Owner: Patrick J. Randolph
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Patrick J. Randolph Under Negotiation: Price, terms of payment, or both

10.5 December 12, 2023 CITY COUNCIL MINUTES 6653
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 19) Property: 5865 Graham Hill Road
APN: 066-211-10
Owner: Wood VMS Family Limited Partnership
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Wood VMS Family Limited Partnership
Under Negotiation: Price, terms of payment, or both
Council received a status report for items 2.1—2.4 from the City Negotiator, Director of Economic Development and Housing B. Lipscomb, gave direction and no reportable action was taken.

Council received a status report for items 2.5—2.19 from the City Negotiator, Water Director R. Menard, took up under item 17, and no reportable action was taken.

3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (three potential cases to be discussed) Council received a report from legal counsel with regard to three items of significant exposure to litigation. Prior to the closed session, Council adopted by motion a subsequent need item on an item of significant exposure to litigation that came to the attention of the City after the agenda was posted, which needed to be discussed with City Council and obtain direction prior to the next regular meeting. There was no reportable action.

10.6 December 12, 2023 CITY COUNCIL MINUTES 6654
Closed Session (continued)

4. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
Council conducted a performance and compensation review and directed an item be added to the first meeting in January in open session to consider an amendment to the City Manager Employment Agreement to make a 5% merit adjustment as well as an extension of the agreement to the year 2030.

10.7 December 12, 2023 CITY COUNCIL MINUTES 6655
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
December 12, 2023
12:45 PM
Call to Order – Mayor Keeley called the meeting to order at 12:59 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 (via Zoom), City Attorney T. Condotti, Chief of Fire R. Oatey, Director of Information Technology K. Morgan, Chief of Police B. Escalante, Director of Planning and Community Development L. Butler, Water Director R. Menard (via Zoom), Principal Planner M. VanHua, Deputy City Attorney S. Humy, 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 1:00 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.

The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire.

Kayla Kumar
Musa
Sylvie Stein
Eric Stats
Joy Schendledecker
Greg
Sabina Holber

10.8 December 12, 2023 CITY COUNCIL MINUTES 6656
Oral Communications (continued)
The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire (continued).

Ellen
[Unintelligible name]
Jared
Rachel Kippen
Chel Mandell
Isabelle
Ellen Stone
Isabella
Sarah
Emma Ledvina
Max Kaplan
Windsor
Rebecca Gross
Mikayla Ignou
Max
Gabrielle Yerman
Jennifer Kelly
Zav
Melissa
Evan Robles
Laurie Palmer
Cassandra Berico
Ava
Niary
Arthur Barrens
Sarah
Thevi Antonio Robles
Teddy
Joelle
Jennifer Barnett
Ruby
Bea
Matthew
Tam Welch
Jane
Michael
Eddie
[Unintelligible first name] Hughes
Vicky Winters

10.9 December 12, 2023 CITY COUNCIL MINUTES 6657
Oral Communications (continued)
The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire (continued).

Aurora
Alex
Katie Spencer
Annie Stafford
Rachel Chavez
Dylan
Abby
Theresa Bennings
Robin
Jazz Miah
Jess Fournier
Nicole Zahm
Riley Collins
Rosalind Shorenstein
Camila Hawthorn
Elaine Miller
Jeffrey Smedberg
Stacey Garcia
Arshad Mohammad
Veronica Hamilton
Karissa
Cyndi Dawson
Claire Shorenstein
Carlos
Lisa Navarro
Reggie Meisler
Brenda Garcia
Weston Mossman
Skyler [unintelligible last name]
Myrin Mentoura
Gillian
Caroline
Unidentified person
Kathleen [unintelligible last name]
Mel
Melly
Danielle West
Ciera Dudley
Malachi

10.10 December 12, 2023 CITY COUNCIL MINUTES 6658
Oral Communications (continued)
The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire (continued).

Tenaya
Tobias Voorhees
[unintelligible name]
Kara Rasmussen
Amy Argenal
Nicholas
Eileen
Hector Marin
Ren [unintelligible last name]
Natalia
Oregano Pinto
[unintelligible name]
Unidentified person
Unidentified person
Unidentified person
Unidentified person
Sophie
Dice Johnson
Garrett spoke in opposition to City Council adopting a ceasefire resolution, and has issues with Council taking advocacies with public unions, and directed Council to have “no furlough” concessions deleted from future union contracts, and requested that Council stop with a “no trans hate” narrative.

Rabbi Richard LitVak spoke in opposition to City Council adopting a ceasefire resolution.

Bradley Snyder spoke in opposition to City Council adopting a ceasefire resolution.

Stacey Saady spoke in opposition to City Council adopting a ceasefire resolution.

Avihai spoke in opposition to City Council adopting a ceasefire resolution.

Unidentified person spoke in opposition to City Council adopting a ceasefire resolution.

Susan Karon spoke in opposition to City Council adopting a ceasefire resolution.

James Ewing Whitman spoke regarding the country being founded on genocide and slavery.

10.11 December 12, 2023 CITY COUNCIL MINUTES 6659
Oral Communications (continued)
At 4:31 p.m. Mayor Keeley closed Oral Communications.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to call for a special meeting in December for the purpose of adopting a resolution identical to the resolution adopted by the City of Oakland to demand a permanent ceasefire on the war in Palestine.

FRIENDLY AMENDMENT: Councilmember Brunner requested to amend the motion that if a special meeting in December is not possible, to agendize for the first meeting in January to adopt a ceasefire resolution as developed through community meetings and input. Councilmember Brown accepted.

ACTION: The motion carried with the following vote.

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

NOES: Councilmember Newsome; Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

Presentations

5. Mayoral Proclamation Declaring December 12, 2023, as Autumn Hays Day This item was continued to the meeting of January 9, 2024.

Presiding Officer's Announcements
Statements of Disqualification – Mayor Keeley announced he is recusing himself from item 12 as 908 Ocean Street is within 500 feet of his residence.

Additions and Deletions – Mayor Keeley announced item 25 would be continued to the meeting of January 9, 2024, and would not be discussed.

At 4:52 p.m. Council adjourned back to Closed Session and returned to the open session at 5:33 p.m.

City Attorney Report on Closed Session – See pages 6649—6654 for the report.

Council Meeting Calendar

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

10.12 December 12, 2023 CITY COUNCIL MINUTES 6660

10.13 December 12, 2023 CITY COUNCIL MINUTES 6661
Consent Agenda
Councilmembers Kalantari-Johnson and Newsome made a comment on item 14.

Vice Mayor Golder made a comment on item 17.

Councilmember Brown made a comment on item 8.

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

Garrett spoke regarding items 8 and 13.

Joe Thompson spoke regarding item 8.

Bradley Snyder spoke regarding item 13.

Mayor Keeley closed the public comment period.

Mayor Keeley made a comment on items 10 and 13.

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

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley (with the exception of item 12).

NOES: None.

ABSENT: None.

DISQUALIFIED: Mayor Keeley (item 12).

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

10.14 December 12, 2023 CITY COUNCIL MINUTES 6662
Consent Agenda (continued)

8. Council Subcommittee to Explore the Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN) Motion carried to:
 Direct staff to issue a Request for Proposals to work with a Council subcommittee to conduct a feasibility assessment of the potential options and considerations related to the City entering into a Community Workforce or Project Labor Agreement with the Monterey-Santa Cruz Counties Building and Construction Trades Council; and
 Appoint an ad hoc Council subcommittee comprised of Mayor Keeley, and Councilmembers Watkins and Newsome on the planned evaluation of Community Workforce or Project Labor Agreements.

9. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Jenai Marie Herod, and 2) Elaine Vierra, based on staff recommendation.

10. FY 2023 Traffic Impact Fee Annual Report (FN/PW)
Motion carried to accept and approve the attached FY 2023 Traffic Impact Fee Annual Report.

11. FY 2023 Parking In-Lieu Impact Fee Annual Report (FN/PW) Motion carried to accept and approve the attached FY 2023 Parking In-Lieu Impact Fee Annual Report.

10.15 December 12, 2023 CITY COUNCIL MINUTES 6663
Consent Agenda (continued)

12. Award Contract for an Environmental Impact Report (EIR) for the 908 Ocean Street Mixed Use Project, which Occupies the Majority of the Block Bounded by Ocean Stret, Water Street, May Avenue, and Hubbard Street (PL) Motion carried to:
 Award a contract to Kimley-Horn (Capitola, CA) for an Environmental Impact Report (EIR) in the amount of $209,086 and reject all other proposals, and
 Authorize the City Manager to execute an agreement in a form approved by the City Attorney with Kimley-Horn for an EIR for 908 Ocean Street.

13. Award Contract for Active Transportation Program (ATP) Cycle 6 Noninfrastructure Education and Encouragement Programming (PW) Motion carried to award a contract for the purchase of Non-infrastructure Education and Encouragement Programming from Ecology Action (Santa Cruz, CA) in the amount of $992,000. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney.

The Public Works Director is authorized to execute contract amendments within the approved project budget.

14. Santa Cruz County Regional Transportation Commission Consolidated Call for Project Grant Submittals (PW)
Motion carried to authorize the City Manager to apply for, accept, and appropriate funds from the 2023 Consolidated Regional Transportation Grant program for Bethany Culvert Emergency Repairs, Bay Corridor Design Funds, Bay Paving between Mission Street and east of Lennox Street, and Escalona Complete Streets.

15. Award Contract for FY 2024—2028 Traffic Striping Installation and Maintenance (PW)
Motion carried to award a contract to Chrisp Company for traffic striping installation and maintenance. The City Manager is hereby authorized and directed to execute an agreement in a form to be approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.

10.16 December 12, 2023 CITY COUNCIL MINUTES 6664
Consent Agenda (continued)

16. Contract Amendment 2024-1.1 with HDR Inc. for Capital Program Management Services (WT)
Motion carried authorizing the City Manager to execute Contract Amendment 2024-1.1 in the amount of $1,128,563 with HDR, Inc. in a form to be approved by the City Attorney.

17. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181-17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18, Owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and Peeler-Randolph Trust, Respectively (WT) Motion carried to:
 Adopt Resolution No. NS-30,247 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Rebecchi & Ballauf Trust for the easement located in Felton, CA near Highway 9 between Brackney Road and San Lorenzo Way for a temporary easement on APN 071-081-03 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,248 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Katrin Craig for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-145-28 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,249 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Brian Warwick and Leslee Warwick for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-145-33 for the Brackney Landslide Area Pipeline Risk Reduction Project;

10.17 December 12, 2023 CITY COUNCIL MINUTES 6665
Consent Agenda (continued)

17. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181-17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18, Owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and Peeler-Randolph Trust, Respectively (WT) (continued)
 Adopt Resolution No. NS-30,250 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Milburn Schaaf and Cheryl Schaaf for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-04 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,251 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Susan C. Rines Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-06 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,252 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-17 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,253 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-25 & 072-181-26 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,254 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Cheryl Mercurio Living Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-182-03 for the Brackney Landslide Area Pipeline Risk Reduction Project;

10.18 December 12, 2023 CITY COUNCIL MINUTES 6666
Consent Agenda (continued)

17. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181-17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18, Owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and Peeler-Randolph Trust, Respectively (WT) (continued)
 Adopt Resolution No. NS-30,255 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Robert and Judith Gremminger Revocable Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-212-36 for the Brackney Landslide Area Pipeline Risk Reduction Project; and  Adopt Resolution No. NS-30,256 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Peeler-Randolph Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-221-18 for the Brackney Landslide Area Pipeline Risk Reduction Project.

End Consent Agenda
Consent Public Hearings
Councilmember Watkins pulled item 18 for further discussion.

Councilmember Newsome made a comment on item 20.

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

MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to approve the remaining Consent Public Hearing Agenda.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

10.19 December 12, 2023 CITY COUNCIL MINUTES 6667
Consent Public Hearings (continued)

18. 2nd Reading and Final Adoption of Ordinance No. 2023-13 Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN) MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to adopt Ordinance No. 2023-13 and direct staff to return in January to amend the ordinance and re-approve for publication with the following amendments:

Section 5.11.020:
 Renumber subsection (b) to replace a. through e. with 1. through 5.

At Section 5.11.030:
 Renumber subsection (a) to replace a. through f. with 1. through 6.  Add new subsections 7 and 8 to read as follows:

7. Delivery companies or delivery drivers who are engaged in interstate commerce;

8. Any motor carrier holding interstate for hire motor carrier operating authority from the Federal Motor Carrier Safety Administration or any federally certificated air carrier operating under authority granted by the Federal Aviation Administration.
 Add subsection (b) The exceptions in subsection (a) shall not apply to delivery companies that both process consumer goods orders and arrange for transportation in a single transaction.

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

Mike Yadon
Mayor Keeley closed the public comment period.

ACTION: The motion carried with the following vote.

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

NOES: Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

10.20 December 12, 2023 CITY COUNCIL MINUTES 6668
Consent Public Hearings (continued)

19. Amending the City’s Plumbing Code to include Appendix M, the Peak Water Demand Calculator Approach to Sizing Building Plumbing Systems and Fixtures (CN)
Motion carried to:
 Introduce for publication Ordinance No. 2023-15 amending Title 18 of the Santa Cruz Municipal Code, adopting California Code of Regulations Title 24 Appendix M of the California Building Standards Codes, and  Direct Water Department staff to identify and resolve equity issues created by use of the meter sizing approach included in Appendix M prior to implementing the Appendix M meter sizing provisions and bring to the Council for review and action any necessary changes in Water and Wastewater System Development Charges and Water Rate fixed costs following the anticipated 2025 and 2027 updates to System Development Charges and Water Rates, respectively, to ensure that similarly situated customers are treated equitable regardless of the approach used to size the meters for their water service.

20. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED)
Motion carried to:
 Adopt Resolution No. NS-30,257 to approve the issuance of Tax-Exempt Revenue Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of 902 Pacific Avenue Investors, L.P., a California limited partnership, or another entity to be established by Eden Housing, Inc. and For the Future Housing, Inc. or an affiliate thereof (collectively, the “Borrower”), in an amount not to exceed seventy-five million dollars ($75,000,000) to provide financing for Pacific Station North (the “Project”), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500;

10.21 December 12, 2023 CITY COUNCIL MINUTES 6669
Consent Public Hearings (continued)

20. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED) (continued)
 Adopt Resolution No. NS-30,258 to approve the declaration of the land to be conveyed by the City to METRO as “exempt surplus” for the purpose of developing and operating the Project;
 Authorize City Manager or Finance Director to approve a Project loan for up to $10 million in State IIG funding already awarded to Pacific Station and the Project and to execute loan documents including agreements, amendments, and related documents in a form to be approved by City Attorney, on behalf of the City; and
 Authorize City Manager or Finance Director to approve a Project loan for up to $2 million from the FY 2023 federal budget appropriation for the Project.

21. 2nd Reading and Final Adoption of Ordinance No. 2023-14 Municipal Code Amendments Relating to Flexible Density Units (FDUs) Responding to Modifications Requested by the California Coastal Commission (PL) Ordinance No. 2023-14 was adopted amending Part 16 of Chapter 24.12 of the Municipal Code related to Flexible Density Units in response to action by the California Coastal Commission.

10.22 December 12, 2023 CITY COUNCIL MINUTES 6670
Public Hearings

22. General Plan 2030 6th Cycle Housing Element Update and Update to the Safety Element of the 2030 General Plan. Location: Citywide. Applicant: City of Santa Cruz. Environmental Review: Exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and Reuse of the 2030 General Plan Environmental Impact Report (EIR). (PL)
Director of Planning and Community Development L. Butler introduced the item and responded to Council questions.

Principal Planner M. VanHua and Ines Galmiche, Consultant with Kimley Horn, gave a presentation and responded to Council questions.

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

Garrett
Rafa Sonnenfeld
Ryan Meckel
Bradley Snyder
Candace Brown
Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-30,259 rescinding Resolution No. NS-29,076 and adopting a General Plan Amendment to repeal the 5th Cycle 2015—2023 Housing Element and adopting the 2023—2031 6th Cycle Housing Element of the General Plan and associated updates to the Safety Element of the General Plan and finding that the proposed changes are exempt from CEQA under Section 15061(b)(3) and finding that the changes are covered under CEQA through a reuse of the 2030 General Plan EIR.

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.

10.23 December 12, 2023 CITY COUNCIL MINUTES 6671
Public Hearings (continued)

23. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: East Side of Fremont Avenue, South of Oak Avenue, Ben Lomond, CA 95005, APN 072-174-02, Owned by Helena H. Chen, Single Tenancy (WT/CA) Deputy City Attorney Sam Humy spoke.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to adopt Resolution No. NS-30,260, finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 072-174-02, located in the unincorporated area of Santa Cruz County, and authorizing the City Attorney to proceed with eminent domain proceedings to acquire the real property.

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.

24. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: 321 Brackney Road, Ben Lomond, CA 95005, APN 072-231-12, owned by Julie K. Daniels (WT/CA)
Deputy City Attorney Sam Humy spoke.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to adopt Resolution No. NS-30,261, finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 072-231-12, located in the unincorporated area of Santa Cruz County, and authorizing the City Attorney to proceed with eminent domain proceedings to acquire the real property.

10.24 December 12, 2023 CITY COUNCIL MINUTES 6672
Public Hearings (continued)

24. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: 321 Brackney Road, Ben Lomond, CA 95005, APN 072-231-12, owned by Julie K. Daniels (WT/CA)
ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

General Business

25. Collective of Results Evidence-Based (CORE) Update (CM) This item was continued to the meeting of January 9, 2024 and was not discussed.

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD)
Chief of Police B. Escalante gave a presentation and responded to Council questions.

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

Bruce Walker
Jazz Miah
Reggie Meisler
Peter Gelblum
Brad Snyder
Garrett
Mayor Keeley closed the public comment period.

10.25 December 12, 2023 CITY COUNCIL MINUTES 6673
General Business (continued)

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD) (continued) MOTION: Councilmember Brunner moved, seconded by Councilmember Kalantari-Johnson, to:
 Approve the attached FY 2024 State Homeland Security Program Grant proposal letter and direct staff to send the letter to the Santa Cruz County Office of Response, Recovery, and Resilience, Authorized Body of Five no later than December 31, 2023;
 Approve the installation of automated license plate readers within Santa Cruz city limits, purchased with funds received through the FY 2024 State Homeland Security Program Grant; and
 Review the Santa Cruz Police Department’s Automated License Plate Readers (ALPRs) Policy and provide comment, with the following amendments:

Policy 415 Addendum (a) - Automated License Plate Readers (ALPRs) Usage and Privacy Policy
Security:
a. All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law. Such requests may include requests via a subpoena, criminal discovery, or court order. e. Every ALPR Detection Browsing Inquiry must be documented by either the associated Santa Cruz Police case number or incident number, if available. If an incident number or case number is not available, the ALPR Detection Browsing Inquiry must be documented by stating and/or a reason for the inquiry.

Automated License Plate Readers (ALPRs) Policy:
415.6 “Accountability and Safeguards”
a. All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law. Such requests may include requests via a subpoena, criminal discovery, or court order.

10.26 December 12, 2023 CITY COUNCIL MINUTES 6674
General Business (continued)

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD) (continued) MOTION (continued):
e. Every ALPR Detection Browsing Inquiry must be documented by either the associated Santa Cruz Police case number or incident number, if available.

If an incident number or case number is not available, the ALPR Detection Browsing Inquiry must be documented by stating and/or a reason for the inquiry.

FRIENDLY AMENDMENT: Councilmember Brown requested to add:
 Direct staff to submit an annual report to the City Council on the use and effectiveness of the ALPRs, including but not limited to:
 Total number of scans
 Total number of hits generated
 Total number of arrests as a result of ALPR use
 Total number of vehicles recovered
 An equity assessment that explains what populations have been affected
Councilmembers Brunner and Kalantari-Johnson accepted.

ACTION: The motion carried with the following vote.

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

NOES: Councilmember Brown; Mayor Keeley.

ABSENT: None.

DISQUALIFIED: None.

Presentations

27. Comments from Re-elected Vice Mayor, Renee Golder
Vice Mayor Golder made comments as the re-elected Vice Mayor.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 7:35 p.m.

10.27 December 12, 2023 CITY COUNCIL MINUTES 6675
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

10.28 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: City Manager
SUBJECT: Decision Support Tool - Understanding Climate Influenced River Flooding- Budget Adjustment (CM)
RECOMMENDATION: Resolution amending the FY 2024 budget for the use of $239,375 ($179,375 from California Department of Water Resources grant and $60,000 from Public Works to fully fund the Decision Support Tool - Understanding Climate Influenced River Flooding.

BACKGROUND: Since 2005, the Santa Cruz Integrated Regional Water Management (IRWM) Regional Water Management Group has collaborated to develop principles, goals, and objectives to support the Santa Cruz IRWM Plan and has successfully obtained competitive grant awards to fund IRWM planning and project implementation. The City of Santa Cruz is a member of this group and signatory to the 2016 Santa Cruz IRWM Memorandum of Agreement.

On November 4, 2014, California’s electorate approved Proposition 1 which contains a total of $7.5 billion for water and natural resource projects and programs, including $510 million for IRWM Program, with $43 million of that amount allocated to the Central Coast Funding Area.

The Regional Water Management Foundation (RWMF) serves as the lead applicant on behalf of the Santa Cruz IRWM region and collaborated with the City of Santa Cruz and other public agency project proponents on a proposal to be made to the California Department of Water Resources to obtain a Round 2 IRWM Grant pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 in January 2023.

At its January 10, 2022 meeting, the City Council authorized the submittal of an application to California Department of Water Resources grant for Decision-Support Tool - Understanding Climate Influenced River Flooding. On May 17, 2023, staff received formal notice that the project had been selected to be funded through the program.

DISCUSSION: A sea level rise vulnerability assessment and social vulnerability to climate change analysis, along with prioritized adaptation strategy measures were included in the City of Santa Cruz 2018 Climate Adaptation Plan Update (CAPU), an appendix to the Local Hazard Mitigation Plan (LHMP). Those plans prioritize mitigating the impacts of climate change on flood control capacity. However, no work to date, including FEMA mapping revised in the last decade, addresses the potential for flooding due to sea level rise and increasingly intense winter storms on the urban area and lower watershed currently protected by the San Lorenzo River (SLR) levee system. Together, these impacts will increase flood risk directly via river levels and

11.1 indirectly by seepage and higher groundwater. To better understand climate-influenced riverine flooding in the lower SLR, the City will conduct technical analyses of climate change vulnerabilities on watershed hydrology and river hydraulics to develop a decision support tool that utilizes an adaptation pathways approach. Adaptation pathways utilizes triggers and thresholds to proactively signal when infrastructure and programming should be implemented to mitigate impacts.

The City will mobilize key departments, consultants, agencies and outreach to frontline groups in DAC census tracts that lie in the floodplain to undertake the project by (1) developing hydroclimate scenarios, characterizing extreme streamflows, conducting 2-dimensional hydrodynamic modeling, and developing floodplain mapping, integrated with projected coastal flood mapping produced for the 2018 CAPU and (2) developing a triggers-based decision support tool to identify, sequence and plan policies, programs, infrastructure, and targeted public outreach to guide flood control management and bolster resilience of the flood control systems.

Tool will be integrated into the City of Santa Cruz 2023 CAPU and LHMP Update. Partners will participate in evaluation to understand the efficacy of the adaptation pathways approach and decision support tool.

FISCAL IMPACT: In addition to grant funding, this project requires a transfer of $60,000 from the Storm Water fund balance. There is no impact to the General Fund.

Prepared By:

Tiffany Wise-West
Sustainability & Resilience
Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

11.2 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
NS-30,088
The City of Santa Cruz received grant funding from the California Department of Water Resources to study and develop a Decision Support Tool for Understanding Climate Influenced River Flooding and Flood Control. The purpose of Budget Adjustment is to appropriate the awarded California Department of Water Resources grant funds. The expenses are for consulting services. 101-10-03-1217-43210 g102402-265-2100-0 California Department of Water Resources 179,375 101-00-00-0000-49114 g102402-904-0-0 Transfer from Storm Water Fund 60,000 239,375
101-10-03-1217-52199 g102402-100-2020-0 Other professional & technical services 239,375 751-00-00-0000-59101 To General Fund 60,000
299,375
-60,000
Tiffany Wise-West
Tiffany
Wise-West
Digitally signed by
Tiffany Wise-West
Date: 2023.12.20
15:09:31 -08'00'
Laura
Schmidt
Digitally signed by
Laura Schmidt
Date: 2023.12.21
10:13:55 -08'00'
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2023.12.21
15:40:18 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.12.21 16:06:25 -08'00'

11.3 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: City Manager
SUBJECT: A Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study- Budget Adjustment (CM)
RECOMMENDATION: Resolution amending the FY 2024 budget for the use of $500,000 from State Coastal Conservancy grant to fund the Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study.

BACKGROUND: California State Coastal Conservancy was established in 1976 through the passage of Proposition 20, also known as the California Coastal Initiative, with a specific mandate to protect, restore, and enhance California's coastal resource. On September 23, 2021, Governor Newsom signed a budget bill that includes a total of $500 million for coastal resilience to be appropriated to the SCC in Fiscal Years 2022-23 and 2023-24. Since, the City of Santa Cruz adopted the West Cliff Drive Adaptation and Management Plan in April, 2021 that specified further evaluation of living shorelines, nature-based solutions and sand management as techniques to protect the shorelines, promote ecosystem health and yield co-benefits such as sustained recreational access. The City of Santa Cruz now seeks to conduct a living shorelines, nature based solutions and sand management feasibility study and prepared an application to the Coastal Conservancy to fund this study.

At its August 8, 2023 meeting, City Council approved the plans and specifications for the Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study. Through this planning project, the City of Santa Cruz and its partners will assess the feasibility of living shorelines, nature-based solutions and sand management techniques for approximately 3 miles of Santa Cruz coastline, conduct engagement with community members, and develop 30% designs and ecological monitoring for areas where it is highly feasibility to implement these solutions.

On September 20, 2023, staff received formal notice that the project had been selected to be funded by the California State Coastal Conservancy.

DISCUSSION: The City, through the prior Resilient Coast Santa Cruz work, identified potential sites for different types of living shorelines, NBS and sand management solutions across its coastline. Through current work with the University of California Santa Cruz’ Coastal Science and Policy graduate program, the feasibility of these potential solutions has been refined by type and location, providing a foundation to build upon with consultants. In order to overcome cost and capacity issues to date to undertake this work, the City seeks Coastal Conservancy funding to build upon prior work to rapidly complete the feasibility study,

12.1 identifying the technical, ecological, legal, regulatory, political and social viability and tradeoffs of living shorelines, NBS and sand management across the contiguous Santa Cruz coastline. The study will identify which solutions are the most feasible at specific locations and yield multiple benefits (e.g., coastal storm buffering, wave action attenuation, habitat creation and connectivity, erosion and flooding mitigation, access protection, beach and surf break sand accretion, etc.) to be integrated into the City’s Post Storm Recovery Resiliency Roadmap and ongoing coastal adaptation planning.

The City is eager to engage with experts, consultants and interested parties to build knowledge and support for these solutions as specified in prior planning documents adopted by City Council, e.g., Local Coastal Program (1992), West Cliff Drive Adaptation and Management Plan (2021), Climate Adaptation Plan (2018) and the Local Hazard Mitigation Plan (2018) as well as other agencies’ planning documents, e.g., Coastal Commission Sea Level Rise Guidance, Monterey Bay National Marine Sanctuary Sediment Management Plan, State Parks’ Lighthouse Field Habitat Conservation Plan, Save the Waves Recreation and Surf preservation study, etc.

Building on ongoing and award-winning equitable outreach, the project will include robust community engagement with the many federal, state and local agencies interested in or holding jurisdiction over activities taking place on the beaches, bluffs and sub/intertidal zone of Santa Cruz’ coastline as well as numerous researchers and academics, community advocacy groups, environmental organizations and frontline community groups to assess concepts and their implications. Concepts will be modeled into the City’s existing bilingual virtual reality sea level rise application to be used in engagement.

Up to three priority green solutions will be designed to 30% with plans, sections and initial specifications. The study report will also identify what ecological markers to monitor, how to do so and triggers and thresholds for adaptation action. These activities will enable the City to implement green solutions appropriately, with regulatory and community support, thus bolstering the resiliency of the coastline while simultaneously providing substantial co-benefits FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Tiffany Wise-West
Sustainability & Resilience
Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

12.2 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
12/20/2023 NS-30,175
The City of Santa Cruz received grant funding from the State Coastal Conservancy for A Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study. The purpose of Budget Adjustment is to appropriate the awarded Coastal Conservancy grant funds. 101-10-03-1217-43210 g102401-216-1051-0 State Coastal Conservancy 500,000 500,000
101-10-03-1217-52199 g102401-100-2010-0 Staff Labor 23,000 101-10-03-1217-52199 g102401-100-2020-0 Other professional & technical services 477,000 500,000
0 Tiffany Wise-West
Tiffany
Wise-West
Digitally signed by
Tiffany Wise-West
Date: 2023.12.20
15:08:54 -08'00'
Laura
Schmidt
Digitally signed by
Laura Schmidt
Date: 2023.12.21
10:12:57 -08'00'
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2023.12.21
15:28:35 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.12.21 16:04:01 -08'00'

12.3 From: Garrett
To: City Council
Subject: 1.9.23 Agenda Item #12 "Living Shoreline" grants Date: Friday, January 5, 2024 11:06:17 AM

1.9.23 Agenda Item #12 "Living Shoreline" grants
Dear Council,
This is to authorize a study of "living shoreline" coastal adaptation (we assume to "CLIMATE CHANGE" ,"CLIMATE CHANGE","CLIMATE CHANGE".. the horror, the crisis, the immediate existential threat to civilization requiring any means and cost necessary to be expended).

Of course a feasibility study like this doesn't compare performance of such ideas to any other adaptation ideas, and it sure sounds like more than a study with design goals included as if is a done deal we should proceed with whatever they come up with. Not good in that way and where does the 70%.of the design come from that isn't part of this funding? Good question.

The council has a habit of approving funding that requires additional funding you have no idea where that additional money is coming from. Is this one of those items?
It says sites have been identified. May I ask "what sites" and what techniques are to be studied at those sites? (Pardon, is that too much to ask?) "The study report will also identify what ecological markers to monitor, how to do so and triggers and thresholds for adaptation action."
I assume "living shoreline" adaptive action. Again, don't we need to compare performance/cost to other methods of adaptation? Doesn't seem like.

What performance requirements do these "living shoreline" adaptive methods claim to provide? (Pardon, is that too much to ask?) It better be in any agreements to do the study. Don't see it from these documents.

The elephant in the room is we have no idea how extreme of when coastal adaptation methods will be needed. Are you going to claim you know? Like what and when? (Pardon, is that too much to ask?)
What level of proof of design concept will you be willing to accept? (Pardon, is that too much to ask?)
Of course this item is buried in the consent agenda so nobody has to answer any of these questions. I predict the usual suspects will move the consent agenda without any questions.

12.4 Garrett Philipp

12.5 City Council

AGENDA REPORT
DATE: 11/30/2023
AGENDA OF: 01/09/2024
DEPARTMENT: City Council
SUBJECT: Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
RECOMMENDATION: Motion to approve Mayor Keeley’s nominations to external agencies, groups, and City Council committees and task forces for the 2024 calendar year.

BACKGROUND: Each year, the Mayor presents a list of proposed appointments to represent the City of Santa Cruz (City) on a variety of boards, committees and groups - both internally and externally. The nominations are presented for City Council review and official appointment.

DISCUSSION: Council must review Mayor Keeley's nominations and, by motion, approve for official appointments.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Fred Keeley
Mayor
ATTACHMENTS:

1. DRAFT 2024 COUNCIL MEMBERSHIP IN CITY GROUPS AND OUTSIDE AGENCIES.DOCX

13.1 Council Membership in City Groups and Outside Agencies (2023) – DRAFT until approved by Council.

Councilmembers may provide direction, request additional information or that a topic raised be agendized for future Council action. The Presiding Officer may request oral updates from Council Ad Hoc Committees.

City Council Standing Committees

Assigned Staff
Public Safety Watkins, Golder, Brunner Emeline Nguyen
City Council Ad Hoc Committees Assigned Staff
Council Ad Hoc Budget and Revenue
Committee
Brown, Newsome, Mayor Keeley Elizabeth Cabell
Health in All Policies Committee Brunner, Kalantari-Johnson, Watkins Tiffany Wise-West Outdoor Dining Subcommittee Kalantari-Johnson, Brunner, Newsome Rebecca Unitt Sugar-Sweetened Beverage Committee Kalantari-Johnson, Watkins, Brunner Lisa Murphy External Governmental Agencies/
Intergovernmental Coordinating
Committees
Assigned Staff
Association of Monterey Bay Area
Governments (AMBAG)
Brown, Newsome (alternate) Lee Butler
City Select Committee Mayor Keeley Matt Huffaker
Library Financing Authority Brunner, Watkins (alternate) Matt Huffaker Santa Cruz County Housing for Health
Partnership (H4HP) Policy Board Mayor Keeley, Kalantari-Johnson Lisa Murphy
Larry Imwalle
Monterey Bay Air Resources District (City
Nominee)
Brown Tiffany Wise-West
Central Coast Community Energy Policy
Board
Central Coast Community Energy
Operations Board
Transportation, Communication &
Public Works Policy
Committee (Monterey Bay
Division)
Mayor Keeley, Brunner (alternate)
Matt Huffaker, Tiffany Wise-West (alternate)
Matt Huffaker
Santa Cruz County Integrated Waste
Management Local Task Force
Newsome, Golder, (alternate)
Bob Nelson, Leslie O’Malley (staff alternate)
Santa Cruz County Consolidated
Redevelopment Successor Agency
Oversight Board
Mayor Keeley Bonnie Lipscomb
Santa Cruz Metropolitan Transit District
Board (METRO) Kalantari-Johnson, Newsome Claire Gallogly Santa Cruz County Regional Transportation
Commission (RTC)
Brown, Mayor Keeley (alternate) Nathan Nguyen
Claire Gallogly (alternate)
Santa Cruz Mid-County Groundwater
Agency
Mayor Keeley, Former Water Commissioner
David Baskin, Water Commissioner Doug
Engfer (alternate)
Heidi Luckenbach

13.2 External Governmental Agencies/
Intergovernmental Coordinating
Committees
Assigned Staff
Santa Margarita Groundwater Agency Water Commissioner Doug Engfer, Former Water Commissioner David Baskin (citizen
alternate)
Heidi Luckenbach
Local Agency Formation Commission
(LAFCO) (alternate until May 2027)
Mayor Keeley Matt Huffaker
Joint Powers Authorities/City Groups Staff Appointments Agency Contact Information Santa Cruz County Animal Services
Authority
Laura Schmidt, Jon Bush Santa Cruz County Animal Services Authority 2200 7th Avenue
Santa Cruz, CA 95062
https://www.scanimalshelter.org/
Santa Cruz Public Libraries Matt Huffaker Santa Cruz Public Libraries 117 Union Street
Santa Cruz, CA 95060
https://www.santacruzpl.org/
Santa Cruz Regional 9-1-1 Matt Huffaker Santa Cruz Regional 9-1-1 495 Upper Park Rd.

Santa Cruz, CA 95065
(831) 471-1000
External Community Organizations Councilmember/Staff Agency Contact Information Area Agency on Aging (AAA) Advisory
Council
Brown, Watkins (Council alternate), Rita
Hester (citizen alternate)
Seniors Council, Clay Kempf
234 Santa Cruz Ave.

Aptos, CA 95003
Phone: (831) 688-0400
Climate Action Task Force Mayor Keeley Tiffany Wise-West [email protected]
Community Action Board (CAB) Kalantari-Johnson, Eve Bertram, UCSC Professor (alternate)
Community Action Board of Santa Cruz
County, Inc.
406 Main St. STE 207
Watsonville, CA 95076
831-763-2147
Cowell Working Group Golder, Tony Elliot (staff) CWG Facilitated by Save the Waves Criminal Justice Council Mayor Keeley, Kalantari-Johnson (alternate), Bernie Escalante
Criminal Justice Council of Santa Cruz County
[email protected]
Downtown Management Corporation Kalantari-Johnson, Newsome, Bonnie Lipscomb (staff)
Downtown Management Corporation
[email protected]
337 Locust Street,
Santa Cruz, CA 95060
Santa Cruz County Youth Action Network
Kalantari-Johnson
[email protected]
United Way of Santa Cruz County
4450 Capitola Rd, Ste 106
Capitola, CA 95010
Santa Cruz Community Farmers’ Market Watkins, Newsome (alternate) Bonnie Lipscomb (staff)
Nesh Dillon Executive Director SCCFM
P.O. Box 8189
Santa Cruz, CA 95061
Thrive by 5 Advisory Committee Kalantari-Johnson David Brody [email protected] Executive Director, First 5 Santa Cruz County
4450 Capitola Road, Suite 106, Capitola, CA
95010
Visit Santa Cruz County Watkins, Brunner, Bonnie Lipscomb (staff) Visit Santa Cruz County 303 Water Street, Suite 100
Santa Cruz, CA 95060
800-833-3494 or 831-425-1234

13.3 City Council

AGENDA REPORT
DATE: 12/20/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Fire
SUBJECT: Award Contract for Purchase of a Type 6 Fire Engine (FD) RECOMMENDATION: Motion to award a contract for the purchase of a Type 6 Fire Engine to Weis Fire & Safety Equipment, LLC., Salina, Kansas, in the amount of $305,310.05 and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

BACKGROUND: The City of Santa Cruz Fire Department was awarded a $400,000 grant from the USDA Forest Service to purchase a Type 6 Fire Engine and additional equipment.

On November 6, 2023, Fire staff issued an Invitation for Bid (IFB) document that was posted on the Opengov website portal. There were 268 views, two no bids and one bid that were received by the due date and time. A public bid opening was held at 2:30 PM Pacific Standard Time on December 12, 2023. City staff completed the due diligence by checking references listed on the Bid Form of the apparent low bidder and further reviewed the bid submittal for responsiveness.

After the review, Weis Fire & Safety Service, LLC., was deemed to be the lowest responsive bidder. Fire issued an intent to award notification on December 18, 2023.

DISCUSSION: Staff recommends awarding a contract to the lowest responsive bidder, Weis Fire & Safety Equipment, LLC., to be effective on January 9, 2024.

FISCAL IMPACT: Approval of this contract will have a net zero impact on the General Fund.

Funds are available through a $400,000 grant from the USDA Forest Service, that was accepted and appropriated at the October 24, 2023 City Council meeting.

Prepared By:

Kimberlee Steele
Administrative Assistant III
Submitted By:

Rob Oatey
Fire Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BID EVALUATION TABULATION - IFB NO. FD-0068 WILDLAND TYPE SIX (6) FIRE ENGINE.PDF

2. PURCHASE AGREEMENT OF WILDLAND TYPE 6 FIRE ENGINE.PDF

14.1 EVALUATION TABULATION
IFB No. IFB No. FD-0068
Wildland Type Six (6) Fire Engine
RESPONSE DEADLINE: December 13, 2023 at 2:00 pm
Report Generated: Wednesday, December 20, 2023

SELECTED VENDOR TOTALS
Vendor Total
Weis Fire & Safety
Equipment LLC
$305,310.05
TABLE 1
Vendor Total
Weis Fire & Safety
Equipment LLC
$305,310.05

14.2 14.3

14.4 14.5

14.6 14.7

14.8 14.9

14.10 14.11
Wildland Type Six (6) Fire Engine
Project ID: IFB No. FD-0068
Overview
Summary
General work description: The Santa Cruz Fire Department is purchasing a Type 6 Wildland Engine. This will be used for off-road firefighting and rescue situations where a smaller profile all-terrain vehicle is needed. The apparatus (vehicle) will be on a F-550 chassis or equivalent and have the following: four wheel drive, an auxiliary fire pump, capacity to hold 300 gallons of water, foam system and higher clearance for off-road driving. The apparatus will have a crew cab with 4 doors and have a diesel engine. This apparatus shall comply with all NFPA and DOT standards for firefighting apparatus. There shall be enclosed compartments for tool storage and hose loads. The apparatus will need to be delivered within 18 months of the awarded bid. The apparatus shall have all components as specified in the Preliminary Scope of Work (Vehicle Requirements) section.

Background
The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay.

It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to the University of California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

Timeline
Release Project Date:

November 6, 2023
IFB Questions and Clarification Due Date:

November 20, 2023, 2:00pm
Tentative Question and Clarification Response Deadline:

November 22, 2023
Submittal Deadline in OpenGov:

December 13, 2023, 2:00pm
Public Bid Opening:

14.12 December 13, 2023, 2:30pm
Join Zoom Meeting
https://us06web.zoom.us/j/82201873231?pwd=KiWeFl0Y8cCOClJ1q2uartaja3NWaL.1 Meeting ID: 822 0187 3231
Passcode: 907194
---
One tap mobile
+16694449171,,82201873231# US
+17207072699,,82201873231# US (Denver)
---
Dial by your location
• +1 669 444 9171 US
• +1 720 707 2699 US (Denver)
• +1 253 205 0468 US
• +1 253 215 8782 US (Tacoma)
• +1 346 248 7799 US (Houston)
• +1 719 359 4580 US
• +1 507 473 4847 US
• +1 564 217 2000 US
• +1 646 558 8656 US (New York)
• +1 646 931 3860 US
• +1 689 278 1000 US
• +1 301 715 8592 US (Washington DC)
• +1 305 224 1968 US
• +1 309 205 3325 US
• +1 312 626 6799 US (Chicago)
• +1 360 209 5623 US
• +1 386 347 5053 US
• 833 548 0282 US Toll-free
• 877 853 5247 US Toll-free
• 888 788 0099 US Toll-free
• 833 548 0276 US Toll-free
Meeting ID: 822 0187 3231
Find your local number: https://us06web.zoom.us/u/kdcbjrz9jM

14.13 2. GENERAL INFORMATION FOR BIDDERS

2.1. Summary Scope of Work
All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Invitation for Bids (IFB) for the project (“Project”) titled below:

Wildland Type Six (6) Fire Engine
IFB No. FD-0068
The City anticipates awarding a contract to a vendor for a 18 months term. The Bidder will provide the services outlined in Section PRELIMINARY SCOPE OF WORK (Vehicle Requirements).

The successful Bidder shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this IFB. The successful Bidder will provide a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK (Vehicle Requirements).

2.2. Estimated Quantity
The quantities indicated in this solicitation are approximate and based on past experience and expected future need. Quantities may be increased or decreased depending on actual need during the contract term; however, no price adjustments will be allowed as a result of a reduction in the quantity purchased.

2.3. Contact
If you have any questions concerning this solicitation, please ask questions utilizing City’s eProcurement Question & Answer feature. his RFP document may be downloaded from the City’s e-Procurement Portal at https://procurement.opengov.com/portal/santacruzca/projects/66127. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at [email protected] for support. All questions must be received by 2:00 pm on Monday, November 20, 2023.

2.4. Pre-Bid Meeting & Site Visit
A pre-bid meeting and/or a site visit will not be held for this IFB.

14.14 2.5. Bid Submittal Due Date and Public Bid Opening All bids will be submitted via the City’s e-Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/66127 before due date. Each bid received before 2:00 pm on Wednesday, December 13, 2023 will be publicly opened during a Zoom Meeting as stated in Timeline in INTRODUCTION section. Bids received after the deadline will be deemed non-responsive. If one or more members of the public are present, the name of each bidder and the total amount of each bid will be read aloud at the Bid Opening meeting. Those wishing to attend the meeting should log into Zoom to ensure that they can access the meeting ahead of time. Bidders take full responsibility for City’s receipt of its Bid.

The City will not be liable for any expenses incurred by Bidders in responding to this solicitation.

2.6. Basis of Award
Award shall be made to the lowest responsive and responsible bidder whose bid is most economical for the purpose intended according to criteria designated in this solicitation.

The items listed in Table 1 Basis of Award of the Bid Form are the most common items ordered and serviced. Table 1 will be the Basis of Award.

2.7. Definitions
In this IFB document:

1. “Bidder” means contractor, firm, supplier, vendor, or consultant submi�ng a bid to this IFB.

2. “Bid” means the complete submital of bidder to the City in response to this IFB, including any writen documenta�on submited with the submital.

3. “Subcontractor” means those performing any por�on of the services as subcontractors, vendors, suppliers, and other business en��es and individuals that is not the Bidder.

4. “Key Staff”, if required, means the employees of the Bidder or their subcontractor(s) that will provide project leadership or exper�se in lead technical services and are considered essen�al to the success of the word.

5. “Contract” also means Purchase Order or Agreement.

3. INSTRUCTIONS FOR BIDDERS

3.1. Questions and Requests for Clarification and Addenda Questions or concerns regarding any aspect of this IFB shall be sent via City’s e-Procurement Portal’s Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section. Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived.

14.15 The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out via an addendum.

The City may determine it is necessary to revise any part of this IFB. Revisions will be made by written addenda and it is the Bidder's sole responsibility to comply with any addenda to this IFB and acknowledge addenda via City's e-Procurement Portal. Addenda will be posted on the City’s e-Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/66127, under Bidding Information.

3.2. Bid Submittal
Sealed bids are due no later than the Date and time specified in Timeline in INTRODUCTION Section. All bids will be submitted via City's e-Procurement Portal before the due date.

Each Bid shall include a bid security in the form of a certified check, cashier's check, or Bid Bond made payable to the order of the City of Santa Cruz, California, for an amount not less than (10) percent of the amount of the Proposal. The bid security shall be given as a guarantee that the successful bidder will enter into the Agreement, and will be declared forfeited if the successful bidder refuses or fails to enter into said Agreement.

Prior to any bid being accepted, the bidder must demonstrate compliance with all bid specifications for the vehicle. The burden of proof of compliance with this specification is the responsibility of the Bidder. No exceptions to or deviations from this specification shall be considered unless each exception or deviation is specifically stated as an exception and accompanied by a detailed description of the exception and/or deviation. If no exception or deviation is shown, the Bidder shall be required to furnish the equipment exactly as specified herein.

Failure to comply with all requirements, instructions, and conditions of the invitation for bids and this specification may result in rejection of bid.

3.3. Non-Response to IFB
If the Bidder does not wish to submit a bid, write “no bid at this time” and the Bidder name on the Bid Sheet and return by the bid due date. Failure to respond to this Invitation for Bids may result in removal of the Bidder from the bid list for the solicited item.

3.4. Responsive Bids
Bids are considered responsive when they:

1. Comply with all requirements, instruc�ons, and condi�ons of this solicita�on.

2. Comply with the bid specifica�ons and do not have unacceptable excep�ons.

3. Include pricing for all items listed.

14.16 4. Include all required submitals.

5. Acknowledge all bid addenda.

6. Have signatures on the Bid Sheet.

7. Are received by the bid due date and �me.

Non-responsive bids may not be considered and may be rejected.

3.5. Reservation of Rights
The City may exercise at its sole discretion the following rights. By responding to this IFB, Bidders acknowledge and consent to the following rights.

The City reserves the right to:
• Postpone, cancel, or issue a subsequent IFB.
• Reject any or all bids.
• Reject any bid that is condi�onal in any way or that contains erasures, items not called for, items not in conformity with applicable law, changes, addi�ons, alternate bids, or any responsive or submited by a Bidder that is not responsible.
• Issue addenda to amend, modify, add or delete requirements of this IFB. • Remedy technical errors in the IFB process.
• Disqualify Bidders who are deemed non-responsive to the requirements of this IFB. • Waive informality or immaterial irregulari�es or minor defects in a bid offer, accept and/or reject all or part of a bid offer.
• Use judgment whether to respond to ques�ons a�er the IFB ques�on submital due date. • Not award a Purchase Order/Contract.
• Award a Purchase Order/Contract to a single Bidder for the en�re procurement or to mul�ple Bidders by line item, in groups, or phases according to Sec�on PRELIMINARY SCOPE OF WORK (Vehicle Requirements).
• If only one bid is received in response to this bid invita�on, require the sole Bidder to submit cost or pricing data to assist in determining if the price is reasonable.

3.6. Bid Sheet Pricing
The Price Schedule can be found in Section BID FORM
The Bidder shall use Bid Form for the submittal of their Bid Pricing. The Bid price submitted on the Bid Form shall include the costs for services, systems, or goods listed in Bid Documents. Bid prices shall remain firm and not subject to escalation throughout the term of the contract including extensions.

Bidder's pricing shall be submitted as a firm-fixed fee (flat rate) for performance of all specifications on the Pricing Schedule of the Bid Form. The Price Schedule shall be completed in full and shall be incorporated herein. Any deviations from the Price Schedule may be considered nonresponsive.

14.17 All information provided in the IFB documents is based on past experience and expected future need. Actual orders may vary during the contract term. The City reserves the right to obtain competitive quotes for contract items. If the Bidder is not consistently the low bidder for these items, the City may terminate this agreement.

3.7. References
The Bidder shall submit with bid a list of a minimum of three (3) client references that have procured Wildland Type Six (6) Fire Engine service from the bidder, for a minimum of 1 year in the last five (5) years which demonstrate relevant experience with the Project. The bidder shall provide company or agency name, contact name, and phone number for each reference. It is the responsibility of the bidder to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section.

3.8. Optional Piggyback Provision
Bidders are requested to indicate on the Bid Sheet if they shall extend the pricing, terms and conditions of this bid to other government agencies, if the bidder is the successful bidder. If the successful bidder agrees to this provision, participating agencies may enter into a contract with the successful bidder for the purchase of the same commodities based on the terms, conditions, and prices, offered by the successful bidder to the City of Santa Cruz for this bid. Minor changes in terms and conditions may be negotiated by participating agencies and the successful bidder.

3.9. Collusive or Shame Bids
No person, supplier, or corporation shall make or file or be interested in more than one bid for the same work, except so far as alternate bid may be called for. Nor shall any person, supplier, or corporation submit a collusive or sham bid, per se, directly or indirectly, to induce any other supplier to submit such a bid, or to refrain from responding, or seek in any way to fix the price, or any portion of the proposed price, in order to secure an advantage against the owner or any person interested in a proposed contract. However, a person, supplier, or corporation submitting a sub-bid to a bidder or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The Bidder shall acknowledge that it has not directly or indirectly been collusive with any other bidder in the preparation and submission of the bid by submitting the Non-Collusion Declaration. If at any time it shall be found that the bidder to whom a contract has been awarded has, in presenting the bid, colluded with any other party or parties, said bidder shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

3.10. Public Record
Bids received will become the property of the City. All bids and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” California Government

14.18 Code, sections 6250 - 6270, once the City has awarded the contract resulting from this solicitation.

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

3.11. Award Protests
The City desires to foster cooperative relationships with Bidders and to reach a fair agreement in a timely manner.

The City encourages Bidders to resolve issues regarding the IFB requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the IFB, cancel the IFB, or determine the protest to be unfounded and proceed with the solicitation. In the event, the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Bidders must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Mike Venezio, Management Professional and Technical Assistant, [email protected] Any Bidder who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award. Protest letters regarding a formal contract award will be directed to:

City of Santa Cruz
City Clerk Administrator
809 Center Street, Room 9
Santa Cruz, California 95060
Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of Intent to Award is sent by the City. Protest letters will include:

14.19 • The name, address, and telephone number of the protester; • The Project �tle, IFB Number, and IFB due date;
• Name of City employee and Department designated as the contact in the original IFB; • A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Bidder’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the City Council at the protest hearing. The City Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City Council is final.

3.12. Contract Implementation
Upon award notification and prior to final contract approval, the successful Bidder will be required to submit:
• Proof of insurance as specified in this solicita�on document. • Living wage ordinance compliance documenta�on;
• Documenta�on of all creden�als necessary to legally perform the services specified; • A completed W9 form and, if applicable, a non-resident withholding exemp�on form, if not already on file with the City; and
• Proof of a current City of Santa Cruz business tax cer�ficate if the Contractor is located in, or performs services within, the City limits for more than 6 days annually.

The finalized contract will be in the form similar to that included as Appendix A Sample Agreement herein, and include the IFB documents, the Bidder’s Bid Form.

3.13. Environmental Conservation and Sustainable Living The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living. This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce communitywide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your Bid Form, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.14. Financial Responsibility
The City accepts no financial responsibility for any costs incurred by a Bidder in responding to this IFB and Bidders acknowledge and agree that their Bids will become the property of the City and may be used by the City in any way deemed appropriate.

14.20 4. TERMS AND CONDITIONS
The City's Standard Terms and Conditions shall apply, expect as otherwise modified herein.

4.1. Insurance Requirements
Bidder will provide Certificate of Insurance(s) for Commercial General Liability, Auto Liability, and Workers’ Compensation, Carrier Liability and Garage-keeper's Liability insurance policies as stated in the Agreement. The City reserves the right to adjust the insurance terms provided based on the risks or other special circumstances with prior notice.

4.2. Prevailing Wages and Labor Compliance
Prevailing Wages do not apply to this contract.

4.3. Agreement (Appendix A)
The successful Bidder will be required to enter into an Agreement similar to the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Bidder. If a Bidder is unable to accept City’s proposed Agreement terms substantially in the form presented, the Bidder shall include a proposed revised copy of the Agreement with its Bidder.

The revised copy must clearly mark any section to which it objects, set forth the Bidder’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

4.4. Contract Period
The term of the contract will commence upon the effective date of the Agreement and continue for a period of 18 months to allow for delivery of the vehicle which complies with the Vehicle Requirements, plus any renewals agreed to by the parties and made in writing.

4.5. Equal Employment Opportunity and Non-Discrimination City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment

14.21 opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

4.6. Liquidated Damages
If the vehicle is not delivered by the successful Bidder (Vendor) in the time specified in the Agreement, or within any period of extension authorized in writing by the City, it is understood that City will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that Vendor will pay the City, as fixed and liquidated damages, and not as a penalty, the sum of $50 dollars for each calendar day of delay until the work on the vehicle is completed and accepted, and Vendor will be liable for the liquidated damages amount; provided, however, that Vendor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable force majeure causes beyond the control and without the fault or negligence of Vendor.

Vendor shall, within ten (10) days from the beginning of any such delay, notify City in writing of the cause of the delay; whereupon City shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in its judgment, the findings of fact justify such an extension. City's finding of fact thereon shall be final and conclusive on the parties hereto.

5. PRELIMINARY SCOPE OF WORK
Vehicle Requirements

5.1. Objectives
The objective of this IFB are delivery of the Wildland Type Six (6) Fire Engine which meets the Section 5.3 Vehicle Specifications and shall be completed and ready for delivery within eighteen (18) months of awarding the project.

5.2. Completion Deadline
Delivery of the Wildland Type Six (6) Fire Engine shall be ready for delivery within eighteen (18) months of awarding the Bid.

5.3. Vehicle Specifications
Specifications are as follows:

CHASSIS

14.22 2023-2024 Ford F-550 Super Duty or equivalent chassis Crew Cab
Color Red
4X4 (4 Wheel Drive)
179 inch Wheel Base
60 inch cab to axel (CA)

6.7 Liter V-8 Diesel engine
10-Speed automatic transmission with Over Drive
Dual alternators
XL Trim package
Air Conditioner
AM FM/MP3/Clock Stereo
Power Equipment Group
Operator Command Regeneration System
Grey Vinyl Seating with Captain chairs in the rear
LT225 BSW Max-Trac tires
19,500 gross vehicle weight rating (GVWR)
Payload Plus Upgrade

4.88 limited slip rear end
Heavy Duty Trailer Tow package
Trailer brake Controller
Re Gen Capable
Black Powder Coated Running boards mounted to the frame rails.

14.23 Factory wheels / tires shall be removed and replaced with a single rear tire conversion package.

The single rear tire conversion package shall consist of the following:

Five (5) Continental 41”
Five (5) custom aluminum wheels
All wheels to have black anodized finish.

3.5 inch Heavy Duty lift kit
Extended fender flares for front fenders
Spare Tire not to be mounted.

Air filter ember screen protection

TFT CREWPROTECT
An in-cab filtration system will be installed utilizing the TFT CrewProtect 20 12VDC grey decon unit. This will be installed inside the cab and accessible for filter changes as needed.

SKID PLATES
Skid plates shall be provided for the transfer case, transmission, front steering components and radiator.

TANK
The tank shall have a capacity of 300 gallons manufactured united plastic fabricating for fire trucks (UPF). The tank shall include the following features:
•   Fill tower with removable screen
•   Sump and anti-swirl plate and drain fitting
•   3.0" vent and overflow pipe
•   1.5" refill fitting
•   3.0" tank suction

14.24 •   Liquid level sight gauge
•   There shall be a 10-gallon foam tank
•   2.5" direct tank fill with a ball valve shutoff
•   The outside of the tank shall be black
•   There shall be an LED lighting system tank level indicator located on the rear pump panel and a small LED lighting system tank
•   level locator located in the cab

REAR MOUNT PUMP CONTROLS
All pump controls shall be located at the rear of the apparatus. The rear mount pump panel will have all pumping features:
• The tank to pump line shall be operated at the rear of the apparatus. • The pump panel shall be constructed of .125” smooth aluminum and shall have a black textured powder coat finish.
• The pump panel shall be provided with an LED panel light • Each discharge shall be properly function labeled per NFPA specifications. • There shall be a lighted pressure transducer style level indicator and a lighted foam level indicator located on the pump panel, and a mini of each located in the cab.

PUMP
The pump shall be a Darley model 2-1/2 AGE 24K or equivalent powered by a 24hp Kubota liquid cooled or equivalent diesel engine. The engine must meet C.A.R.B tier 4 emission requirements. The pump will have the following features:
• 2.5" NPT inlet
• 2.5" NPT outlet
• Electric start
• Pump panel
• 2.5" master intake gauge with light
• 2.5" master discharge gauge
• Engine Tachometer
• Electric throttle control
• Engine hour meter
• Primer Controls
• 12-volt DC environmentally safe priming system
• Low oil pressure sealed LED light.
• High coolant temperature sealed LED light

14.25 Pump Performance shall be as follows (2.7 Ratio, standard impeller) • 20 GPM @ 310 PSI
• 140 GPM @ 145 PSI
• 180 GPM @ 80 PSI

The Fire Pump will be directly plumbed into the chassis’ fuel system with a shutoff valve.

An auxiliary diesel fuel pump and check valve shall be provided between the fire pump and the chassis fuel system, ensuring constant and uninterrupted fuel supply to the fire pump.

The fire pump shall be located at the rear of the apparatus, mounted onto the aluminum fire body.

There will be two (2) LED work lights mounted at the rear of the apparatus and two (2) on the headache rack for nighttime operations. The work lights will be switched at the control module inside the cab.

PLUMBING
All plumbing shall be heavy-duty stainless-steel plumbing. When necessary, high-pressure hose shall be used with stainless steel fittings. All stainless-steel plumbing shall have a 10-year warranty.
• A minimum of a 4” square manifold shall be utilized with all discharges plumbed from it.
• The manifold shall have one (1) 2.5” Victaulic fitting for the 2.5” plumbing from the pump.
• The manifold shall have one (1) 1.5” 4-bolt flange for the pre-connect. • The manifold shall have one (1) 1.5” 4-bolt flange for the front bumper discharge. • The manifold shall have one (1) 2.5” 4-bolt flange for the 2.5” rear discharge. • The manifold shall have one (1) 1.0” 4-bolt flange for the booster reel.

There shall be one (1) automatic drain valve for the front bumper discharge. The drain valve should automatically open when pump pressure drops below 5 PSI.

The entire discharge plumbing system shall be hydrostatically tested to 300 PSI for Two minutes prior to installation. This is to ensure that the entire plumbing system will not leak and to ensure the safety of all fire department personnel.

14.26 There shall be one (1) 2.5” Direct Tank Fill with stainless steel check valve. The Direct Tank Fill shall terminate with a rocker lug cap and chain.

The discharge plumbing from the pump to the manifold will be plumbed with 2.5” pipe.

There will be a 2.5” discharge located at the rear of the apparatus with a 30-degree elbow that shall terminate with a 2.5” Rocker Lug Cap with chain, Chrome.

There shall be a 3/4” gated spigot plumbed for filling back pumps.

All discharge valves shall be heavy duty, full flow, fire service quality quarter turn ball valves.

The tank to pump line shall be plumbed with 2.5 plumbing. A wire reinforced flexible connection shall be used to provide ease of service and to reduce vibration.

The tank to pump valve shall be a 2.5” heavy duty, full flow, fire service quality quarter turn ball valve.

There shall be a 2.5” Akron gated suction with a 2.5” chrome pated plug and chain.

NOTE: An Akron full flow quarter turn ball valve or equivalent shall be used for the suction and discharge lines. All valves shall have the Akron TSC or equivalent handle.

The 1.0” tank fill and recirculating line shall utilize a 1.0” quarter turn ball valve.

All levers and gauges to be National Fire Protection Association (NFPA) compliant labeled.

BOOSTER REEL
A Hannay heavy duty electric rewind or equivalent booster reel will be provided with 100’ x

1.0” of red rubber booster hose. The booster reel shall be located above the pump on a custombuilt platform.

A Task Force Tip (TFT) 1.0” QuadraFog or equivalent 5-10-24-60 GPM adjustable gallonage nozzle with pistol grip.

The booster reel shall be plumbed with high pressure hose with stainless steel fittings.

The booster reel will be provided with one (1) rewind switch located in the fire body extrusion to the left of the rear warning light. The nozzle clip for the booster reel shall be mounted on the back of the passenger side upper body compartment, within reach while standing on the ground.

The booster reel shall be provided with a single hose roller and spool assembly.

14.27 A 40-amp circuit breaker will be provided for the booster reel.

A manual hand crank will be provided to manually rewind the hose in case of a power failure.

FOAM SYSTEM
A Trident 1.0 automatic proportioner (ATP) or equivalent foam proportioning system shall be provided and will be plumbed to the manifold to provide foam to all discharges.

There shall be a lighted foam tank level indicator located on the pump panel and a small lighted foam tank level indicator located in the cab.

A 3/4” brass or stainless-steel foam tank drain valve and hose will be installed to completely drain and flush the foam tank.

FIRE ATTACK BODY SPECIFICATIONS
The fire body shall not exceed 112” long x 96” wide.

There shall be a headache rack at the front of the body that will also serve as a light bar mounting platform. The headache rack shall be constructed with 2.0” x 2.0” extruded aluminum tubing.

Compartment specifications have approximate measurements:

High Tool compartment, 108” D x 30” W x 5.5” H at rear of the apparatus with a drop-down door.

There shall be a rear pull out tray of lightweight aluminum construction for long tool storage in the underbody. There shall be a black textured coat finish to this tray. This compartment shall provide storage of suction hose, shovels, brooms, rakes, etc.

There shall be one (1) transverse storage compartment on top of the flatbed, behind the cab.

The Compartment shall measure approximately 26’ W x 32” H x 96” L.

There shall be one (1) vertical mount self-contained breathing apparatus (SCBA) board on a Slide-Master in the traverse compartment. The board shall extend to either side of the apparatus with lock in and lock out thump tabs and handles. There shall be Four (4) SCBA brackets installed on the board.

There shall be a pre-connected cross lay hose tray located on top of the traverse compartment, it shall run the width of the apparatus. There shall be a black vinyl mesh cover with turn buckles to secure it into place, and quick release buckles at each end for ease of hose deployment.

14.28 There shall be two (2) sweep out style compartments with doors, one located on each side of the apparatus. Dimensions of these compartments are 82” W x 32” H x 22” D with an aluminum divider and door. There shall be an adjustable shelf in each one.

There shall be one (1) dunnage trays over the driver side upper body and one (1) over the passenger side upper body. These will be fully enclosed and have a lockable hinged door on top for access. It shall measure approximately 70” W x 8” H x 17” D. These trays shall be black powder coat finish.

All compartment floors and adjustable shelves shall be provided with Dri-Dek tiles or equivalent flexible self-draining modular surface.

Each upper body compartment shall have Two (2) LED compartment lights, (One (1) on each side of the compartment opening) that shall automatically come on when the compartment door is opened.

There shall be Two (2) LED strip lights, one (1) mounted on each side of the length of the traverse compartment.

The upper body compartment doors shall be wired to an open-door warning light and alarm that shall be in the cab. The open-door warning light and alarm shall be activated anytime a compartment door is opened and the chassis’ transmission is shifted out of park.

There shall be two (2) underbody toolboxes located one (1) on the left and one (1) on the right side of the apparatus. Approximate dimensions shall be 16” H x 20” D x 30” W with drop down doors and a cable stop.

There shall be There shall be two (2) drop down pull-out style step, one (1) mounted on the passenger side under the underbody box and One (1) mounted under the driver’s side underbody box for ease of access to the crosslay hose tray and dunnage boxes.

There shall be an underbody fender panel that runs from the underbody compartments to the rear of the fire body on each side. The wheel well openings will be cut to conform to the specified wheels in the chassis section.

There shall be an 8’ L x 6” W rear step integrated into the receiver hitch. It shall be covered in National Fire Protection Association (NFPA) diamond plate and 45-degree angle at the corners.

A receiver hitch and two (2) 15,000 lbs. tow shackles shall be provided as an integral part of the bumper. The bumper shall be powder coated black.

There shall be a 7-Pin trailer connector at the rear of the apparatus.

All stop, turn, back up, corner and DOT lights shall be provided. All lighting shall be LED.

14.29 There shall be three (3) pull out, drop-down steps located on each side of the pump panel to access the top of the apparatus.

Mud flaps shall be installed behind the rear wheels. The mud flaps shall say “KEEP BACK 500 FEET”

SPARE Self-Contained Breathing Apparatus (SCBA) BOTTLE STORAGE

There shall be two (2) wheel well style SCBA air bottle storage compartments located one (1) on the driver side of the rescue body in front of the wheel and one (1) on the passenger side of the rescue body in front of the rear wheel.

There shall be two (2) SCBA air bottle storage compartments located one (1) on the driver side behind the rear wheel and one (1) on the passenger side behind the rear wheel.

A rubber insert shall be provided for each SCBA bottle tube.

BACK UP CAMERA
A back up camera with a 7” screen shall be provided. Dash mounted.

THERMAL IMAGING CAMERA SYSTEM
There shall be one (1) Hypersight thermal imaging vehicle mounted or equivalent camera system. The camera will utilize the 7” backup camera monitor. The camera will be mounted flush in the grill of the front bumper.

FRONT BUMPER
There shall be a custom heavy-duty front-end bumper provided on the apparatus.

The bumper shall have the specified winch below installed.

The bumper shall have the appropriate connections to power a winch.

14.30 The bumper shall have a 1.5” gated suction located in a custom-built hose tray for use with hose line. The pre connected hose tray shall hold up to 25’ x 1.5’ fire hose. The custom hose tray shall have a black mesh cover with turn style buckles.

The bumper shall have a black textured Powder Coat finish.

The bumper will have two (2) toe hooks or eyes, one on each side of the winch.

REAR STEPS/BUMPER
There shall be six (6) aluminum folding steps minimum 6” wide (3 per side) attached to the rear body. An NFPA grab rail shall be supplied also.

I-ZONE BRACKET
There shall be two (2) easily removable stainless steel I-Zone brackets designed into the rear of the body, one on each side.

WINCH
There shall be a Ramsey QM 9000 or equivalent winch provided. The winch will be mounted in the front bumper.

ELECTRICAL
The entire wiring system shall be composed of high-grade commercial quality wiring harnesses that shall be color coded and function coded throughout. An electrical sub panel shall be located behind the passenger seat. A wiring diagram shall be provided with the apparatus. All wiring to comply with D.O.T. and NFPA standards regarding fire apparatus.

There shall be a master disconnect switch located on the floor, driver side of the chassis.

There shall be a 450 AMP fuse for use with the winch located by the battery.

A 90- and 150-amp resettable circuit shall be provided and installed.

There shall be a 250 AMP solenoid to the master control power for the fire pump.

14.31 APPARATUS CHARGING SYSTEM
There shall be a Kussmaul Auto Charge 1000 or equivalent with Super Auto Eject plug and battery status indicator provided on the apparatus. The battery status indicator and auto eject plug shall be provided and located at the driver side rear of the apparatus.

SCENE LIGHTING
There shall be one (1) Whelen or equivalent M6, 4” x 6” scene light on the rear of the driver and passenger side compartments. Rear scene light to switch on when work lights are on.

There shall be two (2) Hi-Viz LED 20” Flood/Spotlights, one (1) at the front bumper and one (1) centered at the rear of the apparatus. The light at the rear shall be wired to the reverse and have an on/off switch at the rear pump panel.

There shall be two (2) Hi-Viz LED 31’ Flood/Spotlights, one (1) each side above the side compartments. There shall be a .125 diamond plate brush guard protection over each of these lights.

EMERGENCY LIGHTING SYSTEM
An NFPA Compliant emergency lighting system consisting of the following shall be provided. It shall be provided with NFPA Compliance certificate with the bid. See Vendor Submissions Section.
• One (1) Whelen Justice Light Bar or equivalent, 56”, LED Red with flashing take downs and alley lights.
• There shall be light bar protection with a black textured powder coat finish. • Eight (8) Whelen or equivalent T-on, Red with chrome bezels. • Two (2) Whelen or equivalent M6 Series, Red/Amber (split light), clear lens, chrome bezels.
• One (1) Whelen or equivalent Cen Comm Sahire Siren.
• Two (2) SA315P speakers or equivalent.

Two Whelen or equivalent T-ION Series LED lights, Red, Steady burn with chrome flanges mounted on the forward face of the front grille.

A Whelen or equivalent 107 db back up alarm shall be provided.

14.32 A custom aluminum console shall be provided to house the in-cab fire pump controls, siren / switch module and two (2) customer supplied radios.

There shall be a face plate cover provided for the customer supplied radios.

A laptop mount bracket shall be provided and mounted as per fire department instructions.

There will be two (2) LED work lights provided, mounted at the rear of the fire body for nighttime operation and will be switch at the switch module in the cab.

There will be one (1) underbody ground light under each step well, two (2) underbody ground lights at the rear of the apparatus, and one (1) underbody light located under each cab door.

These lights shall be automatically activated when the chassis transmission is shifted into park and shall automatically de-activate when the chassis transmission is shifted out of park.

LETTERING AND STRIPING

3.0” Smart Gold Letters will be provided on the apparatus.

The apparatus shall be provided with Scotchlite or equivalent reflective stripe on the chassis as per NFPA requirements. The stripe shall be 1” x 3” x 1” Black Scotchlight or equivalent reflective “Z” stripe on the chassis and continue across the compartments.

There shall also be a 3.0” Black Scothlite or equivalent strip installed within the perimeter fire body extrusion.

There shall be 3” White reflective 3M Scotchlite or equivalent numbers installed on the upper body compartment door black stripe and on the driver side front replacement bumper.

There shall be 12” White Reflective 3M Scotchlite or equivalent unit numbers on the roof of the cab.

There shall be 6” Black reflective 3M Scotchlite or equivalent unit numbers on rear of the apparatus.

There shall be a red / yellow Chevron provided at the rear of the fire body.

14.33 5.4. Brand Requirements
Any manufacturers' names, trade names, brand names, or catalog numbers used in the specification are there for the purpose of establishing and describing general performance and quality levels.

Such references are not intended to be restrictive, and proposals are invited on these and comparable brands or products of any manufacturer.

Exceptions to, or deviations from, a particular manufacturer’s brand in this specification will be evaluated and considered by the City so long as those deviations are cross referenced and fully explained with regard to their equality with the preferred manufacturer. The City may require descriptive literature and/or samples for evaluation. All samples will be provided within three days of request and at no cost to the City. The City may not return all samples.

The determination as to whether any alternate vehicle is, or is not, equal will be made by the City and such determination will be final and binding upon all Vendors.

If exceptions are not requested, the Bidders will comply with the specifications as stated in this solicitation.

The Bidder will not be allowed to make unauthorized substitutions after award is made.

5.5. Delivery, Inspection, and Acceptance of Goods
Goods are to be delivered to the location specified. All deliveries are F.O.B. destination.

Bidder acknowledges that time is of the essence in the performance of this IFB. If the goods are not delivered within the time period stated on the Agreement, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Successful Bidder (Vendor) will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. City shall have the right to seek liquidated damages related to a late delivery or Vendor's delayed performance.

The City will have at least 30 calendar days to inspect and test the apparatus, and equipment to ascertain that all requirements of these specifications have been fully complied with and that the equipment is in good working order. It is understood and agreed that the City will have the right to make such tests of the apparatus and equipment before accepting them.

In the event of disapproval or rejection by the City, or the vehicle fails to meet the requirements of these specifications within the first 30 day inspection period, the City may, at its sole discretion, either; 1) reject and return the vehicle at no cost to the City, or 2) request that vendor, will at it's own expense, make such repairs or replacements the City considers necessary to conform to these specifications. If the City requested such repairs or replacements, after the

14.34 vendor's delivery of the repaired vehicle, the City will have 10 business days to inspect and test the repaired vehicle to determine whether the vehicle and equipment are in good working order.

In the event that the vehicle fails to meet the vehicle requirements and fails to pass this second inspection, the City will at its sole discretion have the option to reject and return the vehicle at no cost to the City, or to notify Vendor to request that Vendor will, at its own expense, make such repairs or replacements the City considers necessary to conform to these specifications. The City will have 10 business days to further inspect and test the repaired vehicle and equipment from its delivery date to determine whether they are in good working order. If the vehicle fails this third inspection, the City may at its sole discretion have the option to reject and return the vehicle at no cost to the City and also seek liquidated damages for failure to perform from the first date of delivery.

Such inspection and test will be final and conclusive and failure to comply with these requirements will be cause for rejection of the vehicle. Failure to comply with the requested changes, as the City may consider necessary to conform to any clause of the specifications within 30 calendar days of notice to the Vendor, will be cause for rejection of the vehicle.

Permission to keep or store the vehicle in any building owned or occupied by the City or it’s use by the SCFD during the above-specified period with the permission of the Bidder, will not constitute acceptance.

5.6. Vehicle Documentation (Operation and Parts Manuals) by Successful Bidder The successful Bidder (also referred to as "Vendor") will furnish any applicable vehicle documentation for the fire engine delivered.

Manuals will be “as-built” and specifically written for the apparatus being purchased. Factory manuals for a multitude of different chassis and bodies will be accepted for motor and drive train information. • Vendor will supply a minimum of three hardcopy opera�on and maintenance manuals covering the completed apparatus as delivered.
• Vendor will supply a minimum of three hardcopy parts manuals will also be provided for the vehicle that will include an overall vehicle layout, keyed to service repair parts, to assist in spare parts selec�on and iden�fica�on.
• Vendor will supply a minimum of two hardcopy “as-built” wiring schema�cs.

Vendor will also provide software for all electrical controlled components including the emission control device.

5.7. Performance Test and Certificates Upon Delivery
The road and pump tests specified in NFPA 1901 will be conducted by the successful Bidder at the time of delivery.

14.35 Vendor will furnish a weight certificate showing weights on front axle, rear axle and total weight for the completed apparatus at time of delivery, with water tank full, but without personnel, equipment and hose.

5.8. Training
Upon pick up of the vehicle, the successful bidder will provide a qualified and responsible instructor to familiarize SCFD personnel in the basic operation of the vehicle and its components.

5.9. Warranty
The successful Bidder must warrants that the vehicle comply with all Vehicle Specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after City’s acceptance of item(s) and/or work.

Bidder shall furnish specified warranty timeframes on components such as motor / chassis, body, and electrical, and specify the applicable manufacturer’s standard warranties on all other required components or apparatus. The applicable warranty period shall be the longest period available for each component, apparatus, or equipment..

The successful Bidder must agree to remedy by replacing or repairing any defects during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement will occur within a reasonable time frame, to the satisfaction of the City. Exceptions to any of these warranty provisions will be indicated by the Bidder in their proposal.

5.10. Pre-Delivery Inspections by City
The City will have the option to inspect the vehicle at the successful Bidder’s facility twice prior to final delivery. One visit shall be scheduled “mid-build” and one visit shall be scheduled near final delivery. If applicable, any of the vendor's costs associated with these inspections should be built into the bid price.

5.11. Compliance with Applicable laws
The Fire Engine must comply with all California and federal environmental, engine emissions, motor vehicle, and safety regulations. This includes, but is not limited to, requirements of the U.S. Department of Transportation, State of California Motor Vehicle Code, and Air Pollution and Emission Control.

6. BID SUBMITTALS

1. Bid Form*
By confirming, the Bidder is affirming to the following:

14.36 The undersigned, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Invitation for Bids for Wildland Type Six (6) Fire Engine” at the prices indicated herein.

The Bidder, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this bid.

The Bidder declares under penalty of perjury that she/he is authorized to sign this document and bind the business or organization to the terms of this bid.

The Bidder recognizes the right of the City of Santa Cruz to reject any or all bids received and to waive any informality or minor defects in bids received.

The Bidder declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct.

Please confirm
*Response required

2. Non-Collusion Declara�on*
By confirming, the Bidder, the party making the foregoing IFB declares that the Bid proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other sub-contractor to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with anyone to put in a sham proposal, or that anyone shall refrain from proposing; that the Bidder has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Bidder or any other Bidder or subcontractor, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Bidder or subcontractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Bidder has not, directly or indirectly, submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Please confirm
*Response required

3. Compliance

14.37 Failure to comply with the City’s Terms and Conditions and Insurance Requirements may disqualify your bid.

3.1. By confirming, the bidder's company accept the City's Standard Terms and Condi�ons, except as modified herein..*
Please confirm
*Response required

3.2. By confirming, the bidder's company accept the City's Insurance Requirements.* Please confirm
*Response required

4. General Informa�on

4.1. Year Business Established*
*Response required

4.2. Number of Employees*
*Response required

4.3. Annual Sales*
*Response required

4.4. Federal Tax ID*
*Response required

4.5. Bid Requirements*
Did you read through and confirm that you met all of the bid requirements? Yes
No
*Response required

4.6. Delivery Deadline Confirma�on*
The Bidder confirms that if selected, the delivery of the Wildland Type Six (6) Fire Engine shall be completed and ready for delivery within eighteen (18) months of awarding the project.

14.38 Please confirm
*Response required

4.7. Specifica�ons Submital*
Please upload the specifications of the proposed apparatus here. *Response required

4.8. Emergency Ligh�ng System NFPA Cer�ficate*
Upload you NFPA Compliance certificate for the emergency lighting system here. *Response required

4.9. References*
List a minimum of three references that have purchased similar items from your business.

Provide company or agency name, contact name, phone number, and email address for each reference.
*Response required

4.10. Emergency Contact Informa�on*
Please include the following information for the Emergency Contact • Emergency Contact
• Email
• Cell Phone
• Night Phone
*Response required

14.39 4.11. List all subcontractors to be used. If you will subcontract por�ons of the work, list all subcontractors below. Include business name, address and phone number.* *Response required

4.12. Environmental Conserva�on and Sustainable Living
The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living. This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, and General Plan goals which define greenhouse gas reduction objectives. Provide information regarding environmental conservation practices, Green Business certifications, alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

4.13. Op�onal “Piggyback” Contrac�ng*
Indicate whether your business will extend the pricing, terms and conditions of this bid to other government agencies, if you are the successful Bidder. Your business would be required to make this contract available to interested agencies for at least six months following the award of this contract. Interested government agencies may enter into their own contract with the successful Bidder. They may negotiate minor changes in terms and conditions.

Will your business extend the same prices, terms and conditions to other public agencies? Yes
No
*Response required

5. City of Santa Cruz Business Tax Cer�ficate
Bidder, if selected, will maintain a current City of Santa Cruz business tax certificate if:

1. Bidder is located in the City of Santa Cruz; or

2. Bidder performs physical work in the City of Santa Cruz for 6 or more days annually; or

3. Bidder uses company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

14.40 For additional information and licensing requirements, call the Revenue division at 831/420- 5070.

5.1. Bidder's Sale and/or service contract (Op�onal)
A copy of any sales and/or service contract that the Bidder will require during the execution of any contract resulting from this solicitation. Any terms that contradict the City’s terms and conditions or contain provisions that are determined not to be in the best interest of the City will disqualify the Bidder.

6. LOCAL PREFERENCE CERTIFICATION
Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses
To qualify for the 2% local business preference, a business must meet the following criteria:

6.1. Does the business have an office with at least one employee located in the City of Santa Cruz?* Yes
No
*Response required
When equals "Yes"

6.1.1. Business Address:*
*Response required

6.2. Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz? *
Yes
No
*Response required

6.3. Does the business hold a valid City of Santa Cruz business license?* Yes
No
*Response required

14.41 When equals "Yes"

6.3.1. DBA/license number:*
*Response required

6.4. Locally Owned Businesses
To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.
• Owner Name, County

6.5. By submi�ng informa�on for Local Preference, I represent that I qualify as a (check all that apply):* Local Business
Locally Owned Business
None of the above
*Response required

6.6. I understand that by submi�ng false informa�on or failing to disclose material informa�on in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and 2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts suppor�ng the same.*
Please confirm
*Response required

6.7. Acknowledgment of Addenda and Ques�ons and Answers* In order to submit a bid, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

Please confirm

14.42 *Response required

6.8. Bid Bond*
Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 10% of the total bid price, payable toCity of Santa Cruz, as a guarantee that the Bidder, if its bid is accepted, will promptly execute the Agreement. The Bidder shall guarantee the total bid price for a period of 60 days from the date of the bid opening.

Please scan and upload a copy of your bid bond/cashier's check. Bidder must also MAIL bid guarantee with a postmarked date no later thanWednesday, December 13, 2023 addressed to:

City of Santa Cruz
Mike Venezio
230 Walnut Ave.

Santa Cruz,CA95060
Please have the Bidder Name, Contract Title ("Wildland Type Six (6) Fire Engine"), and Contract Number ("IFB No. FD-0068") listed clearly on the outside of the envelope. *Response required

6.9. Contract Execu�on, Payment Bond, Performance Bond, and Cer�ficate(s) of Insurance* The contract shall be executed by the successful bidder and shall be returned, together with the Certificate(s) of Insurance to City of Santa Cruz so that it is received within 14 working days after the Bidder has received the contract or PO. Failure to do so shall be just cause for forfeiture of the proposal guaranty.

Please confirm
*Response required

6.10. Upload W-9*
*Response required

14.43 7. BID FORM
Table 1
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Wildland Type Six (6) Fire Engine 1 Each
Sales Tax (@ 9.25%) $0.00
Total $0.00
[*]
Denotes item is taxable

14.44 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 1

1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement. Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified.

All deliveries are F.O.B. destination.

Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase. Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later. Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

6. Indemnity:

For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the

14.45 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 2 obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here. a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or iii. Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070. b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any.

The “public work” project is subject to the compliance monitoring and enforcement by the DIR. The Vendor and subcontractor, if any, must be registered with the DIR to submit a bid or engage in the performance of any contract for public work pursuant to Labor Code §§1725.5 and 1771.1. The Vendor is responsible for posting job site notices as prescribed by regulation pursuant to Labor Code §1771.4(a)(2). The Vendor and each subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code §1771.4.

Any failure of Vendor and/or its subcontractors to comply with the above requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorneys’ fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law. c. Living Wage: Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion

14.46 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 3 thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work. Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City. h. Storm Water Requirements: The Vendor, and all subcontractors, are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard Certificate Requirements
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
x Certificate(s) will show current policy number(s) and effective dates, x Coverage and policy limits will meet, or exceed, requirements below, x The Certificate Holder will be City of Santa Cruz, Risk Management, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
x Certificate will be signed by an authorized representative, x An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
x Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
x Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
x 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. Must include a waiver of subrogation.

14.47 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 4 c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate Vendor will maintain insurance appropriate to Vendor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this contract. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
x Additional Insured Status
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor 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 the Vendor’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 and CG 20 37 (if a later edition is used).
x Primary Coverage
For any claims related to this contract, the Vendor’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 the Vendor’s insurance and will not contribute with it.
x Notice of Cancellation
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
x Waiver of Subrogation
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance.

Vendor 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.

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
• Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor 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 Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’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.

14.48 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 5 a. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, including but not limited to requiring the following:
x Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
x Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
x Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
x Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate. x Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
x Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
x Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
b. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

9. Travel Reimbursement Policy
When it is mutually agreed between the City and the vendor, the vendor’s employees will be reimbursed for travel expenses according to this policy. It is expected that all travel expenses incurred by vendors while conducting activities on behalf of the City will be at reasonable rates and that vendors will exercise prudence in incurring these expenses.

Meals
Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
x Travel before 8:00a qualifies for breakfast reimbursement. x Travel between 8:00a – 1:30p qualifies for lunch reimbursement. x Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement. x Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s

14.49 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 6 home, an airport, or Santa Cruz hotel to their City work location.

1. Reasonable fees for taxis, shuttles, busses, trains, light rail, ride hailing services (Uber, Lyft), bike shares (Jump), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.

2. Personal vehicles include vehicles owned by the vendor or their employees. x Mileage will be reimbursed at the current IRS mileage rate. x Evidence of automobile liability insurance meeting the City’s requirements must be provided. x Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Car rentals are reimbursable when
x Travel is necessary from an airport to the City work location. x The rental reservation is made as far in advance as is practical and the lowest possible price is obtained. x Insurance coverage is included in the rental agreement and the car is returned with a full tank of gas. x The smallest vehicle necessary is rented.
x Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
x Receipts are required for reimbursement.

Airfare
Airfare is reimbursable when the vendor’s place of business, or their employee’s home, is more than 250 miles away from Santa Cruz.
x Airfare must be lowest available coach class fare. Flights may be non-stop. x Airfare must be booked as far in advance as is practical. x Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed. x Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
x If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
x Receipts are required for reimbursement.

Lodging
Lodging is reimbursable when the vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, is more than 60 miles away from Santa Cruz. x Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). x Costs for hotel rooms above this rate are the responsibility of the traveler. x Receipts are required for reimbursement.

General

1. Travel expenses not listed above will not be reimbursed.

2. Travel reimbursements are paid after the completion of travel. There are no travel advances.

3. Exceptions to any of the above requirements require advance written permission from the Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any proposed reimbursable expense the City has determined to be excessive, unethical, non-responsible, or an inappropriate use of public funds.

10. Mechanic’s Liens. Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to this contract. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against the City for any such work or activities performed. Vendor shall indemnify, defend and hold harmless the City from and against any and all liens, claims, demands, liabilities, costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work done, labor performed and/or materials furnished. In the event any such liens shall be filed against the City, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed five (5) business days from the date the same were recorded in the office

14.50 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 7 of the applicable County Recorder. City shall have the right to post notices of non-responsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

13. Subcontractors: Subcontracting of work without prior approval of the City, may result in contract termination. If at any time, the City determines any subcontractor is incompetent or undesirable, Vendor will be notified and will be expected to immediately cancel the subcontract.

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

15. Termination of Contract: The City or the Vendor may terminate the contract for convenience by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. All finished or unfinished materials, supplies, goods, or documents procured or produced under the contract will become property of the City upon the termination date. The City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor will be liable for the difference between the prices set forth in the terminated order and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the contract. Termination of the contract pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

16. Safety: All service(s) and item(s) provided will comply with applicable safety laws, regulations, and standards. Vendor will provide proof of compliance, if requested by the City.
a. Vendor will make available a list of hazardous chemicals and applicable Safety Data Sheets prior to bringing those chemicals on City property or using them on behalf of the City. All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard. Vendor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place. No hazardous materials or chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public. b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees.
c. Upon request, Vendor will provide records of their Hazard Communication Training Program. d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation.
e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

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

14.51 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 8 The City reserves the right to obtain the item(s) covered by this contract from another source during any on-going suspension of service due to the circumstances outlined above.

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

Copies are available upon request from the City’s Purchasing Division.

19. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief.

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

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

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

23. Contract Interpretation. Vendor acknowledges that it has reviewed this contract 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 contract.

14.52 City Council

AGENDA REPORT
DATE: 12/18/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Jonatan Ordonez, and 2) David W. Turner, based on staff recommendation.

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

1. Claimant: Jonatan Ordonez
Date of occurrence: 06/05/2023
Date of claim: 11/16/2023
Amount of claim: $500,000.00
Claimant seeks damages related to alleged police actions.

Self-Represented

2. Claimant: David W. Turner
Date of occurrence: 12/5/23
Date of claim: 12/7/23
Amount of claim: $20,000.00
Claimant seeks damages after his vehicle was allegedly improperly ticketed and his constitutional rights were violated.

Self-Represented
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

15.1 City Council

AGENDA REPORT
DATE: 12/15/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Sister Cities Committee Membership Reduction (PR) RECOMMENDATION: Motion to:
1) Adopt a resolution changing the at-large membership from eleven to seven (7) members and rescinding Resolution NO. NS-28,142; and
2) Amend the Sister Cities Committee bylaws to change the at-large membership from eleven (11) to seven (7).

BACKGROUND: On September 10, 2023, the Sister Cities Committee (Committee) voted (8- 0) to amend their bylaws to allow for a flexible quorum to accommodate several prolonged vacancies within the body. The Committee moved to allow for a quorum that was based on the number of active positions instead of the total number of positions, which included vacant seats.

The result of the change would have allowed for a simple majority of active members to be present for quorum purposes, instead of the static number of six (6) members as is currently stated in the Committee bylaws. Currently, there are eight (8) active members and three (3) vacancies, with another two (2) member terms set to expire at the end of January 2024.

Upon further review by the city clerk, Bonnie Bush, Article 9, Section 4 of the committee bylaws cannot be amended to read as a proportion of or percentage of active members and must require a set number for quorum with a minimum of at half of the total membership plus one (1). With current membership set at eleven (11), that means quorum must be set at six (6) members.

The inability to adjust the quorum size based on active membership brings the issue of Committee membership size full circle. On September 10, 2023, staff presented the Committee with a report outlining a recommendation to reduce the overall Committee membership to seven (7). While the workload of the Committee has varied over the years, in part, due to available staff resources, the degree of commitment by Committee members, and the status of relationships with sibling city counterparts.

Founded in 1980, the original makeup of the Committee included a total membership of seven (7) core members (Resolution NS-13,962) similar in size to other advisory bodies serving City Council at the time. As the number of sister city relationships expanded, the Committee recommended Council expand the total membership to seventeen (17) in 2006 (Resolution NS16.1 27,141), but subsequently reduced that number to current size of eleven (11) in 2009, by resolution (NS-28-142) corresponding with the dissolution of the relationship with Tenerife, Spain.

Staff’s recommendation was based on the current membership for most active advisory bodies.

The following were options the Committee considered:
a. Reduce the overall number of committee members to seven (7) from eleven (11), which will reduce the quorum to four (4) members. This number of committee members is consistent with other advisory bodies.
b. Establish an ad hoc subcommittee to explore alternative program operations and service delivery models.

DISCUSSION: While the Sister Cities program, coordinated by the Parks and Recreation Department (Department), has experienced a reduction in general activity due to the COVID-19 pandemic, services and connections with the City’s sibling relationships have begun to resume normalized operations. The Committee has added a new sibling city to the roster in December 2021, but also set an inactive status for Puerto La Cruz, Venezuela due in part to political instability within the country and a loss of connection with prior contacts within the Venezuela.

Currently, the committee has a total of three (3) vacancies for membership, of which two (2) have been outstanding for several months. Since 2019, the committee has seen several resignations, in part, due to members moving away, inability to commit time, and scheduling conflicts. In should be noted that there are two (2) applications for membership pending review and approval by City Council.

According to the bylaws, the Committee will still retain the ability to include members in an ex oficio manner, meaning that members of this status will still be able deliberate, advise, and request items to be added to the agenda, but lack the ability to vote. Additionally, by reducing the overall number of core members to seven (7), Section 4 of the quorum requirements would also need be reduced to four (4) from the current six (6).

Staff is confident that the current roster of eight (8) members is capable of handling business items addressed to the Committee and recommends Council adopt the resolution reducing the total number of core members from eleven (11) to seven (7), with the exception of allowing the current members to continue their term duration noting that two (2) members terms will expire on January 31, 2024 without the ability to renew.

At their November 13, 2023, regular meeting, the Sister Committee voted (8-0) to approve the membership reduction and recommend Council adopt the resolution provided consideration be given for further evaluation of the total membership in one (1) years’ time. Committee members expressed that while during the pandemic, relations were slow, delegation work has now resumed to near normal operations and additional members will be needed at a future date to continue necessary functions.

HEALTH IN ALL POLICIES

16.2 The Sister Cities program is an inclusive operation of the City of Santa Cruz that engages residents and community members through cross-cultural exchange and international experience.

The program fosters an equity spirit in that all community is welcome and encouraged to participate.

FISCAL IMPACT: None.

Prepared By:

Tremain Hedden-Jones
Recreation Superintendent
Submitted By:

Tony Elliot
Director of Parks &
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. BYLAWS - TRACK CHANGES.PDF

3. BYLAWS - CLEAN.PDF

4. RESO NS-13,962 - ADOPTION DATE 8-5-1980.PDF

5. RESO NS-27,141 - ADOPTION DATE 2-14-2006.PDF

6. RESO NS-28,142 - ADOPTION DATE 11-24-2009 .PDF

7. SISTER CITIES MEMBERSHIP LETTER-COUNCIL.PDF

16.3 RESOLUTION NO. NS-XX,XXX

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

TO THE SISTER CITIES COMMITTEE MEMBERSHIP, AND
RESCINDING RESOLUTION NO. NS-28,142
WHEREAS, the City of Santa Cruz has sibling affiliations with cities, Puerta La Cruz, Venezuela (inactive); Shingu, Japan; Sestri Levante, Italy; Alushta, Urkaine; and Jinotepe, Nicaragua; Biarritz, France; and
WHEREAS, a Sister Cities Committee was first established by Resolution No. NS-8246 on April 12, 1966 with a founding membership of seven (7) members; and WHEREAS, the Sister Cities Committee was enlarged to seventeen (17) members by Resolution No. NS-27,141 on February 14, 2006; and
WHEREAS, the Sister Cities Committee was reduced to eleven (11) members by Resolution No. NS-28,142 on November 24, 2009; and
WHEREAS, the City Council recognizes the need to continue the Sister Cities Committee to plan activities with its sister cities, but with a reduced formal membership.

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

1. There shall be seven (7) members of the Committee to be appointed by the City Council and to serve thereafter at the pleasure of the Council;

2. Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three (3) members who may be non-residents of the City provided that the non-resident committee members have experience in either international relations, business and organizational development, education, or cultural affairs.

3. Resolution No. NS-28,142, adopted November 24, 2009, is hereby rescinded.

PASSED AND ADOPTED this 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

16.4 BYLAWS
of the
Sister Cities Committee
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Sister Cities Committee of the City of Santa Cruz, CA
Adopted February 28, 2011
Approved by City Council March 22, 2011
Amended March 28, 2011
Amended by Commission, Approved by Council December 14, 2021

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

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

16.7 Bylaws of the City of Santa Cruz Sister Cities Committee Page 4 Sister Cities Committee Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Sister Cities Committee of the City of Santa Cruz, California; hereinafter referred to as the Committee or the Advisory Body.

ARTICLE II – PURPOSE
The Sister Cities Committee was first established to coordinate activities with the Sister Cities of Santa Cruz per Resolution NS-13,962, adopted on August 5, 1980. The Sister Cities Committee was re-established to coordinate activities with the Sister Cities of Santa Cruz per Resolution NS-15,537A, adopted on October 25, 1983. The objects and purposes of the Committee shall be:

1. To encourage the people of the City of Santa Cruz and the people of its Sister Cities to understand one another as individuals, as members of their community, as citizens of their country, and as part of the family of nations.

2. To foster continuing relationships of mutual concern between the people of the City of Santa Cruz and the people of its Sister Cities.

ARTICLE III – DUTIES AND RESPONSIBILITIES
The Sister Cities Committee shall have the ability, as vested by the City Council, and be required to:
 Make recommendations concerning proposed Sister Cities;  Undertake studies in the area of international relations;  Act in an advisory capacity to the City Council in all matters pertaining to Sister Cities;  Receive complaints pertaining to Sister Cities;
 Review and make recommendations to the City Council pertaining to Sister Cities;  Review, monitor, and make long-range recommendations concerning Sister Cities;  Hear and decide matters relating to Sister Cities; and  Perform other duties as may from time to time be prescribed by the City Council.

ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Sister Cities Committee shall consist of eleven seven (117) Sister Cities Committee members, hereinafter referred to as members.

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

Section 2. Qualifications
Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three (3) members who may be non-residents of the City provided that the non16.8 Bylaws of the City of Santa Cruz Sister Cities Committee Page 5 resident committee members have experience in international affairs, business, education or cultural pursuits.

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

Section 4. Method of Appointment
Committee members shall be appointed at-large by the City Council.

Section 5. Good Standing and Reporting of Absences
Councilmembers shall receive annual attendance reports prepared in the City Clerk's Department. Absences will be identified as "with notification" or "without notification." An absence is considered as "with notification" if the member notifies the chairperson or the staff prior to the meeting. If there has been no prior notification, the absence is considered "without notification." It is important to notify staff of any absences for the purposes of determining a quorum. Advisory body members are expected to attend meetings regularly.

Each member of the Committee is allowed one absence per calendar year, with the exception of meetings missed while conducting Sister Cities business.

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

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

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

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

16.9 Bylaws of the City of Santa Cruz Sister Cities Committee Page 6 Section 2. Membership Year
A membership year shall be from February 1st to January 31st of each year.

Section 3. Length of Term
A member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have six years or less at the time their term expires are eligible for reappointment.

Section 4. Dual Service
No member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.

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

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

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

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

A member may withdraw their name if placed in nomination, announcing that, if elected, s/he would not be able to serve; but s/he shall not withdraw in favor of another member.

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

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

16.10 Bylaws of the City of Santa Cruz Sister Cities Committee Page 7 Section 5. Voting
Voting may be by voice vote or by roll call vote.

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

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

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

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

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

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

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

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

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

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

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

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

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

16.12 Bylaws of the City of Santa Cruz Sister Cities Committee Page 9 ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the 2nd Monday of January, March, May, July, September and November, which shall begin at 7:00 p.m. in the Council Chambers and will adjourn no later than 9:00 p.m., unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.

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

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

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

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

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

Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.”

16.13 Bylaws of the City of Santa Cruz Sister Cities Committee Page 10 Section 4. Quorum
A quorum of the Sister Cities Committee shall consist of six four (46) whether or not there are vacancies on the Advisory Body.

Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16.15 Bylaws of the City of Santa Cruz Sister Cities Committee Page 12 4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.

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

Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting.

All members including the Chair shall vote on all matters, except where they have a disqualifying interest.

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

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

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

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

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

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

ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background.

If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least 10 business days prior to the meeting. Staff shall then format reports

16.16 Bylaws of the City of Santa Cruz Sister Cities Committee Page 13 to be consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.

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

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

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

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

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

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

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

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

16.17 Bylaws of the City of Santa Cruz Sister Cities Committee Page 14 As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.

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

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

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

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

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

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

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

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

16.18 Bylaws of the City of Santa Cruz Sister Cities Committee Page 15 ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.

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

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

Attest:

Tremain Hedden-JonesJackie Trumbull, Secretary to the Committee Date

16.19 BYLAWS
of the
Sister Cities Committee
City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Sister Cities Committee of the City of Santa Cruz, CA
Adopted February 28, 2011
Approved by City Council March 22, 2011
Amended March 28, 2011
Amended by Commission, Approved by Council December 14, 2021

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

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

16.22 Bylaws of the City of Santa Cruz Sister Cities Committee Page 4 Sister Cities Committee Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Sister Cities Committee of the City of Santa Cruz, California; hereinafter referred to as the Committee or the Advisory Body.

ARTICLE II – PURPOSE
The Sister Cities Committee was first established to coordinate activities with the Sister Cities of Santa Cruz per Resolution NS-13,962, adopted on August 5, 1980. The Sister Cities Committee was re-established to coordinate activities with the Sister Cities of Santa Cruz per Resolution NS-15,537A, adopted on October 25, 1983. The objects and purposes of the Committee shall be:

1. To encourage the people of the City of Santa Cruz and the people of its Sister Cities to understand one another as individuals, as members of their community, as citizens of their country, and as part of the family of nations.

2. To foster continuing relationships of mutual concern between the people of the City of Santa Cruz and the people of its Sister Cities.

ARTICLE III – DUTIES AND RESPONSIBILITIES
The Sister Cities Committee shall have the ability, as vested by the City Council, and be required to:
• Make recommendations concerning proposed Sister Cities; • Undertake studies in the area of international relations; • Act in an advisory capacity to the City Council in all matters pertaining to Sister Cities; • Receive complaints pertaining to Sister Cities;
• Review and make recommendations to the City Council pertaining to Sister Cities; • Review, monitor, and make long-range recommendations concerning Sister Cities; • Hear and decide matters relating to Sister Cities; and • Perform other duties as may from time to time be prescribed by the City Council.

ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Sister Cities Committee shall consist of seven (7) Sister Cities Committee members, hereinafter referred to as members.

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

Section 2. Qualifications
Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three (3) members who may be non-residents of the City provided that the non16.23 Bylaws of the City of Santa Cruz Sister Cities Committee Page 5 resident committee members have experience in international affairs, business, education or cultural pursuits.

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

Section 4. Method of Appointment
Committee members shall be appointed at-large by the City Council.

Section 5. Good Standing and Reporting of Absences
Councilmembers shall receive annual attendance reports prepared in the City Clerk's Department. Absences will be identified as "with notification" or "without notification." An absence is considered as "with notification" if the member notifies the chairperson or the staff prior to the meeting. If there has been no prior notification, the absence is considered "without notification." It is important to notify staff of any absences for the purposes of determining a quorum. Advisory body members are expected to attend meetings regularly.

Each member of the Committee is allowed one absence per calendar year, with the exception of meetings missed while conducting Sister Cities business.

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

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

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

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

16.24 Bylaws of the City of Santa Cruz Sister Cities Committee Page 6 Section 2. Membership Year
A membership year shall be from February 1st to January 31st of each year.

Section 3. Length of Term
A member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have six years or less at the time their term expires are eligible for reappointment.

Section 4. Dual Service
No member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.

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

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

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

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

A member may withdraw their name if placed in nomination, announcing that, if elected, s/he would not be able to serve; but s/he shall not withdraw in favor of another member.

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

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

16.25 Bylaws of the City of Santa Cruz Sister Cities Committee Page 7 Section 5. Voting
Voting may be by voice vote or by roll call vote.

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

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

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

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

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

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

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

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

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

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

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

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

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

16.27 Bylaws of the City of Santa Cruz Sister Cities Committee Page 9 ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meeting on the 2nd Monday of January, March, May, July, September and November, which shall begin at 7:00 p.m. in the Council Chambers and will adjourn no later than 9:00 p.m., unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.

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

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

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

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

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

Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.”

16.28 Bylaws of the City of Santa Cruz Sister Cities Committee Page 10 Section 4. Quorum
A quorum of the Sister Cities Committee shall consist of four (4) whether or not there are vacancies on the Advisory Body.

Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16.30 Bylaws of the City of Santa Cruz Sister Cities Committee Page 12 4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.

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

Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting.

All members including the Chair shall vote on all matters, except where they have a disqualifying interest.

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

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

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

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

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

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

ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background.

If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least 10 business days prior to the meeting. Staff shall then format reports

16.31 Bylaws of the City of Santa Cruz Sister Cities Committee Page 13 to be consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.

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

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

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

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

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

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

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

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

16.32 Bylaws of the City of Santa Cruz Sister Cities Committee Page 14 As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.

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

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

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

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

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

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

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

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

16.33 Bylaws of the City of Santa Cruz Sister Cities Committee Page 15 ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.

ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of not less than four (4) of the full membership of the Sister Cities Committee of the City of Santa Cruz and approval of the City Council, these Bylaws shall be in full force and effect. Any and all previously adopted bylaws are hereby superseded.

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

Attest:

Jackie Trumbull, Secretary to the Committee Date

16.34 This is to certify that the above and
foregoing is th o igin.al,dgzignent:
" --ution No
Attest
City Cliik
RESOLUTION NO. NS-13,962

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA CRUZ ESTABLISHING A SISTER CITY COMMITTEE
WHEREAS:

1. The City of Santa Cruz has sister affiliations with
three Cities - Puerta La Cruz, Venezuela; Santa Cruz de Tenerife, Canary Islands; and Shingu, Japan; and

2. The City of Santa Cruz is also actively pursuing a
Santa Cruz City affiliation with Riva Trigoso, Italy; and

3. The City Council recognizes the need to establish
a Committee to plan activities with these Sister Cities; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

1. A Sister City Committee is hereby established to
coordinate activities with the Sister Cities of the City of Santa Cruz;

2. There shall be seven (7) membemof the Committee to
be appointed by the City Council and to serve thereafter at the pleasure of the Council.

3. The Sister City Committee shall adopt By-Laws setting forth its purpose, scope of activities, meetings, officers, committee structure, and other matters appropriate for By-Laws, and shall submit the By-Laws to the City Council for approval.

4. The Committee shall make an annual report to the
Council.

PASSED AND ADOPTED this 5th day of August , 1980, by
the following vote:

AYES: Cduncilmember - Rotkin, Muhly, Edler, Van Allen, Mahaney; _ . Mayor Ghio.

I
NOES: Councilmember - None.

ABSENT: Councilmember - Mellis.

16.35 Mayor
APPROVED:

RESOLUTION NO. NS-27,141

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ PERTAINING

TO THE SISTER CITIES COMMITTEE AND
RESCINDING RESOLUTION NO. NS-15,537A.

WHEREAS, the City of Santa Cruz has sister affiliations with cities, Puerta La Cruz, Venezuela; Shingu, Japan; Sestri Levante, Italy, which includes Riva Trigoso; Alushta, Urkaine; and Jinotepe, Nicaragua; and
WHEREAS, a Sister City Committee was first established by Resolution No. NS 8246 on April 12, 1966; and
WHEREAS, the City Council recognizes the need to continue the Sister Cities Committee to plan activities with its sister cities, but with an expanded membership; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

1. A Sister Cities Committee has been established to coordinate activities with the Sister Cities of the City of Santa Cruz;

2. There shall be seventeen (17) members of the Committee to be appointed by the City Council and to serve thereafter at the pleasure of the Council.

3. The Sister Cities Committee shall adopt bylaws setting forth its purpose, scope of activities, meetings, officers, committee structure, and other matters appropriate for bylaws, and shall submit the bylaws to the City Council for approval.

4. The Committee shall make an annual report to the Council.

5. Resolution No. NS-15,537A, adopted October 25, 1983, is hereby rescinded.

PASSED AND ADOPTED this 14th day of February, 2006, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Councilmembers Rotkin, Madrigal, Porter, Coonerty; Mayor Mathews.

None.

Vice Mayor Reilly; Councilmember Fitzmaurice.

None.

ATTEST:
ity Clerk
' 7:3CNDED BY
MAAgendaWiew \Meetings \20061Februiry \Regular Meetingathruary 14, 20061Esaftir 16.36 JOON° NS- az l NOES:

ABSENT:

DISQUALIFIED:

ATTES
None.

None.

None.

APPROVED
RESOLUTION NO. NS-28,142

RESOLUTION PERTAINING TO THE SISTER CITIES COMMITTEE MEMBERSHIP, AND RESCINDING RESOLUTION NO. NS-27,141.

WHEREAS, the City of Santa Cruz has sister affiliations with cities, Puerta La Cruz, Venezuela; Shingu, Japan; Sestri Levante, Italy; Alushta, Urkaine; and Jinotepe, Nicaragua; and WHEREAS, a Sister Cities Committee was first established by Resolution No. NS-8246 on April 12, 1966; and
WHEREAS, the Sister Cities Committee was enlarged to seventeen (17) members by Resolution 27,141 on February 14, 2006; and
WHEREAS, the City Council recognizes the need to continue the Sister Cities Committee to plan activities with its sister cities, but with a reduced membership and deletion of the junior member requirement to enhance committee sustainability.

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

1. There shall be eleven (11) members of the Committee to be appointed by the City Council and to serve thereafter at the pleasure of the Council;

2. Deletion of the junior member requirement;

3. Committee members shall be residents of the City of Santa Cruz with the exception of a maximum of three (3) members who may be non-residents of the City provided that the nonresident committee members have experience in international affairs, business, education or cultural pursuits.

4. Resolution No. NS-27,141 adopted February 14, 2006, is hereby rescinded.

PASSED AND ADOPTED this 24th day of November, 2009, by the following vote:

AYES:

Councilmembers Coonerty, Robinson, Lane, Madrigal, Beiers, Vice Mayor Rotkin; Mayor Mathews.

16.37 December 8, 2023
Dear City Council Members,
Members of the Sister Cities Committee are requesting to reduce the number of committee seats because of current vacancies and upcoming vacancies due to term limits. However, the Committee wanted to express to the Council that it is approaching this change as a temporary one. The pandemic severely hampered the Committee’s ability to conduct people-to-people exchanges and activities, which consequently impacted its visibility in the community and its ability to recruit new members. As normal operations return, the Committee anticipates generating renewed interest and more applicants for Committee seats. If or when that occurs, the Committee will return to the Council to request an increase in the number of committee seats to restore it to previous levels.

Thank you for your consideration of this matter.

Regards,
Michele Peregrin
Chair, Sister Cities Committee

16.38 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Public Works
SUBJECT: Neary Lagoon Tule and Sediment Removal Project (m409688) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of McNabb Construction, Inc. (Lafayette, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Tule and Sediment Removal Project (m409688) BACKGROUND: The Neary Lagoon Management Plan (NLMP) was adopted in 1992 by City Council and approved by the California Coastal Commission. In October 2006, the Neary Lagoon Sedimentation Management Plan was approved by City Council.

The purpose of the Neary Lagoon Tule and Sediment Removal Project is to conduct annual marsh vegetation removal (primarily tules) and sediment dredging in Neary Lagoon. Dredging and vegetation management provides the following benefits:
1) Increase water circulation and flow rates
2) Improve water quality
3) Maintain an equal ratio of fresh water marsh to open water area as specified in the NLMP. 4) Enhance habitat for western pond turtles, water fowl and water birds.

This project removed approximately 923 tons of sediments and 327 tons of tules from Neary Lagoon and disposed in the City Landfill.

DISCUSSION: The work for this project is now complete. The project has been inspected by the Public Works Department and found to be constructed in accordance with the plans and specifications.

FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Eric Dhakni
Associate Planner II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

17.1 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

No recording fee is required pursuant to Government Code § 27383.

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

The undersigned is an authorized representative of the owner of the interest or estate stated below.

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Right-Of-Way

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Neary Lagoon Tule and Sediment Removal m409668

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Conduct marsh vegetation removal (primarily tules) and sediment dredging in Neary Lagoon

4. The general site location description or address (the “Property”) of the public improvement is located at: Neary Lagoon

5. Name and Address of Contractor. The Contractor on the Project is: McNabb Construction, Inc. 3527 Mt Diablo Blvd #306, Lafayette, CA 94549

6. Construction Lender. The name and address of the construction lender, if any, is: NA

7. Date of Completion. The Project on the Property was completed on: October 9, 2023

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, January 9, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Eric Dhakni
WHEN RECORDED MAIL TO:

City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060

17.2 Notice of Completion (Revised Oct 2021)

VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________________at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

17.3 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Eric Dhakni, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: McNabb Construction, Inc.
3527 Mt Diablo Blvd #306
Lafayette, CA 94549
☒ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on Click here to enter a date., at Santa Cruz, California.

Eric Dhakni

17.4 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Public Works
SUBJECT: Award Contract for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405) - Purchase Order (PW)
RECOMMENDATION: Motion to approve a purchase order with Cupertino Electric Inc. (San Jose, CA) in the total amount of $387,934 to provide services for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405). The City Manager is hereby authorized and directed to execute the purchase order in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

BACKGROUND: The City of Santa Cruz Wastewater Treatment Facility (WWTF), originally built in 1928, received major upgrades in 1965, 1971, 1988, and 1998. Wastewater infrastructure assets installed in those upgrades are approaching end of service life and have been evaluated for condition assessment, probability of failure and consequence of failure.

Study 1 of the WWTF Infrastructure and Major Equipment Study (2018, Kennedy Jenks). categorized Electrical Switch Gear #1 - #4 as having both high risk of failure and high consequence of failure. Switchgear is a critical component in the electric power system and is directly linked to the reliability of the electrical power supply and distribution. Failure of electrical switch gear will prohibit safe effective control and operation of the electrical power distribution system at the Wastewater Treatment Plant.

DISCUSSION: On August 8, 2023, WWTF equipment transferred to the emergency power supply system during a PG&E power outage and transferred back to utility power supply when PG&E was restored. This event revealed operating deficiencies in Switchgear and ATS functioning. Cupertino Electric Inc. provided emergency support services to restore power distribution system and equipment to operating conditions.

Cupertino Electric subsequently provided a proposal for the Switchgear and ATS Rehabilitation Project which defined equipment rehabilitation required before winter wet weather conditions for safe reliable operation of the WWTF. This project fits under the umbrella of WWTF Electrical System CIP c401405.

The choice of a single or sole source procurement may be to assure the repair and replacement can be completed within an urgent timeframe. The vendor has previously provided emergency electrical repair support for the treatment plant and successfully restored the power within a short timeframe. The vendor has a deep understanding of the systems in place at the WWTF and will

18.1 be able to successfully integrate the replacement project while keeping the systems operational during project construction. Delivery date is the overriding consideration, and this service can be obtained from Cupertino Electric Inc.

Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required service. The Purchasing Manager concurs that Cupertino Electric Inc. is the only company able to provide service for Switchgear Repair and Replacement Project.

FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Anne Hogan, P.E
Wastewater System Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

18.2 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Public Works
SUBJECT: Wastewater Treatment Facility Digester 1 Cleaning (c401607) - Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion to approve the specifications for the Wastewater Treatment Facility Digester 1 Cleaning (c401607), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.

BACKGROUND: Thickened solids from the secondary and primary processes at the Wastewater Treatment Facility (WWTF) are sent to the anaerobic digesters for stabilization of the biodegradable portion of the solids. As a by-product of this stabilization, methane gas is produced, which is used with natural gas to co-generate electricity for use in the plant. Over time, buildup of debris (hair, sand, rags etc.) inside the digester tank can negatively impact the operation of a digester by reducing its retention time and not allowing the full proper digestion process to take place, causing methane production and quality to decline.

The Pre-aeration Grit Removal Structure (PGRS) is an integral part of the pre-treatment process that removes large, mostly inorganic, material (“grit”) before primary settling. This allows the sludge process to produce better quality material for the digesters. Over time, buildup of grit occurs in the tank and not all grit gets settled and filtered out. As with the debris buildup, unfiltered grit accumulation within the digesters impacts the proper operation of the digesters and require more frequent cleaning.

Digester # 1 holds 1,315,136 gallons and was put into operation in 1998 and was last cleaned in 2009. The south grit tank was last cleaned in 2010.

DISCUSSION: The digester cleaning project involves removing all liquids and solids from Digester #1 and washing down the interior of the tank, removing all accumulated material including all fluid contents, grit, sand, rags, plastic, grease, sludge, and miscellaneous debris.

The contractor will process the digester material through mobile dewatering facilities and transport the dewatered bio-solids and materials for proper disposal through land application or permitted landfill.

The project will also include the cleaning of the south grit tank at the PGRS. The contractor will remove all existing grit and hydro clean the tank following tank isolation and dewatering. The

19.1 contractor shall transport the removed materials for proper disposal through permitted landfill.

The project is estimated to cost $715,000.

FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Tim Wong
Assistant Engineer II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. LOCATION MAP.PDF

2. SPECIFICATIONS.DOCX

19.2 19.3
1 PUBLIC WORKS DEPARTMENT

INVITATION FOR BIDS,

SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
CITY PROJECT NO. C401607

SANTA CRUZ CITY COUNCIL
Fred Keeley, Mayor
Renee Golder, Vice Mayor
Sandy Brown
Sonja Brunner
Shebreh Kalantari-Johnson
Scott Newsome
Martine Watkins
Matt Huffaker, City Manager
Bonnie Bush, City Clerk Administrator
Anthony P. Condotti, City Attorney
Nathan Nguyen, Public Works Department Director
Kevin Crossley, Assistant Public Works Department Director BID OPENING _______ __, 20__ @ __ AM/PM PACIFIC STANDARD TIME Closing time to receive bids
will be verified by the on-line clock maintained by the US Naval Observatory, found at:
https://www.usno.navy.mil/USNO/time/display-clocks/simpletime

19.4 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
PROJECT NO. c401607
2 NOTICE INVITING SEALED PROPOSALS OR BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Cruz, California (the “City”), invites sealed Bids for the following “Project”:
“WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING – c401607"

1. Date and Place of Opening Bids. Sealed bids for the construction of the Project will be received at the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060, until ___, at ___ local time in a sealed envelope plainly endorsed with the Project Name and Number, listed above. At that time, the Bids received will be publicly opened and read. Attendees will be required to wear face masks, social distance, and follow any other safety measures currently recommended by the County Public Health Officer.

Bids received after the date and time stated above will be rejected as nonresponsive.

2. Location of Project. The Project is to be performed at the following location: 110 California St, Santa Cruz, CA 95060.

3. Description of Work. The Project to be performed consists of furnishing all labor, materials, tools, equipment, and transportation required to complete the Project, with a scope of work to generally include, but is not limited to, the following: A full service removal and disposal of all liquids and solids from Digester #1 and wash down of the interior, a full service removal and disposal of grit from the south grit tank at the Preaeration Grit Removal Structure and a wash down of the interior (the “Work”). For additional information, please contact the individual listed in Paragraph 17, below.

4. Time for Completion. The Project shall be completed in 50 working days. All time limits stated herein are of the essence

5. Bidding Documents. The “Bidding Documents” shall include this Notice Inviting Bids, the Bid Form including all attachments included herein, General Requirements, Technical Specifications (including all plans, drawings, and reports), Addenda, draft Agreement, the City’s Standard Specifications (dated 2002), as amended1, the State of California’s Department of Transportation Standard Specifications (dated 2022), as amended, and all other documents identified herein.

6. Obtaining the Bidding Documents. Bidding Documents may be downloaded, without charge, from the following designated website: https://opengov.com/. Paper Bidding Documents may be examined and copies secured from the office of the Public Works Department, 809 Center Street, Room 201, Santa Cruz, California 95060.

Prospective bidders are urged to register with the designated website as a Bidding Documents holder, even if Bidding Documents are obtained from a source other than the designated website or City in either electronic or paper format. The designated website will 1 The City’s Standard Specifications (dated 2002) are located via the City Website at:
https://www.cityofsantacruz.com/home/showpublisheddocument?id=2467.

19.5 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
PROJECT NO. c401607
3 be updated periodically with Addenda, reports, and other information relevant to submitting a bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the designated website. Neither City nor any City official, employee, or agent will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website or the City.

7. Submitted Bid. Each sealed Bid shall comply with the Bidding Documents and be submitted on the Bid Form, including all attachments. Contractor must clearly and legibly set forth all information requested in the manner and form indicated.

By submitting a Bid, the Bidder represents that it has carefully examined and investigated the Project site and all Bidding Documents.

Each Bid shall include a bid security in the form of a certified check, cashier's check, or bidder's bond made payable to the order of the City of Santa Cruz, California, for an amount not less than (10) percent of the amount of the Proposal. The bid security shall be given as a guarantee that the successful bidder will enter into the contract, and will be declared forfeited if the successful bidder refuses or fails to enter into said contract.

All bidders shall submit with its Bid the included sworn statement of its financial responsibility, technical ability, and experience.

8. Addenda. All submitted Bids shall verify if the City has issued any addenda for this Project.

It is the bidder’s sole responsibility to ensure that all addenda requirements are included in the submitted Bid. All addenda shall be posted on the City’s designated website.

9. Pre-Bid Conference. A mandatory pre-bid conference will be held at the Project address, listed in Section 2, above, on [date], at [time] local time. All attendees will be required to wear face masks, social distance, and follow any other safety measures currently recommended by the County Public Health Officer. All prospective bidders must sign in on the City-provided signin sheet at this conference to be eligible to bid for the Project.

10. Withdrawing Submitted Bid. A bidder may withdraw a submitted Bid at any time prior to the time of bid opening only by written request to the City. Unless otherwise required by law, no bidder may withdraw its Bid for a period of sixty (60) days after the bid opening.

11. Award of Contract. The City will award the Project to the lowest responsible and responsive bidder. The City reserves the right to reject any and all Bids, including but not limited to for any minor irregularities, or waive any informalities or minor defects in proposals received.

The City may reject a Bid if it determines that any of the bid prices are materially unbalanced to the potential detriment of the City.

Within ten (10) calendar days after receiving written notice that the contract has been awarded, the successful bidder shall return to the City the signed agreement, together with the completed Labor and Material Bond and Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price (issued by a corporate surety company

19.6 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
PROJECT NO. c401607
4 approved by the City Attorney), insurance certificates, and all other documents as required by the Bidding Documents.

12. Department of Industrial Relations Monitoring. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Prevailing wages as published by the DIR are required for all workers, including those employed by subcontractors, for all non-federally funded projects.

No contractor or subcontractor may be listed on a Bid or awarded the contract for the Project unless registered with the DIR pursuant to Labor Code section 1725.5 and 1771.1.

Refer to the DIR website, http://www.dir.ca.gov, to register and to find the correct wage rates and answers to questions related to prevailing wage requirements.

13. Section intentionally omitted.

14. Licenses. Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the Work. The Contractor is required to ensure that all subcontractors listed in the Bid Form and working on this Project hold valid licenses and certifications suitable for their trade. Bidder is required to provide with its Bid satisfactory proof of licensure to the City.

Bidders bidding as the Prime Contractor shall possess a valid California Contractor’s Class A General Engineering license at the time of bid submittal, and all listed subcontractors shall hold valid licenses suitable for their trade at the time of bid submittal. Failure to possess required licenses at the time of bid submittal may render the bid non-responsive and shall act as a bar to award of the contract to the bidder and shall result in a forfeiture of the bid security.

Bidder and all subcontractors shall maintain the required licenses throughout the entire Project until the City issues a Notice of Completion.

15. Retention. Progress payments are subject to 5% retention withholding until thirty-five (35) calendar days after recording the notice of completion. Pursuant to California Public Contract Code Section 22300, for monies earned by the General Contractor and withheld by the City to ensure the performance of the Contract. The General Contractor, may, at its option, choose to substitute securities meeting the requirements of California Public Contract Code Section 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.

16. Business License. All Contractors and subcontractors working in the City must have a valid City of Santa Cruz business license at the time the contract is awarded, pursuant to Santa Cruz Municipal Code (SCMC) Chapter 5.04.

17. Good Faith Local Hiring and Apprenticeships. The General Contractor and all Subcontractors must make good faith efforts to hire qualified individuals who are residents of Santa Cruz County as required by SCMC Chapter 3.10, and to employ apprentices who are

19.7 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
PROJECT NO. c401607
5 enrolled and participate in a viable apprenticeship program approved by the California Division of Apprenticeship Standards.

18. Questions for City. All questions relative to this Project prior to the opening of Bids shall be in writing and received a minimum of five (5) working days prior to the above-stated Bid opening date and shall be directed to:

City of Santa Cruz, Public Works Department
809 Center Street, Room 201, Santa Cruz, California 95060 Tim Wong
Assistant Engineer II
Email: [email protected]
Tel.: (831) 420-5179
Fax: (831) 420-5161

19. Section intentionally omitted.

This Advertisement is issued by the City of Santa Cruz, California.

Dated: January 4, 2024
______________________________
Kevin Crossley
Assistant Public Works Director
Public Works Department
809 Center Street, Rm. 201
Santa Cruz, CA 95060

19.8 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
PROJECT NO. c401607
6 BID FORM
For
“WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING – c401607" TO: The Council of the City of Santa Cruz
PROPOSAL OF:

Business Address:

Business Telephone:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement, in the form specified in the Contract Documents, with the City of Santa Cruz (“City”) to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the Bidding Documents.

The undersigned Bidder understands that any or all quantities of work shown herein are approximate only and are subject to increase or decrease, and offers to do the work whether the quantities are increased or decreased at the unit prices as stated in the following tabulation. The undersigned Bidder agrees to take in full payment for the work, including all applicable state and local taxes, the amount shown on the bid sheet.

Please note closing time to receive bids will be verified according to local telephone company time.

IT IS UNDERSTOOD THAT THIS BID IS BASED UPON COMPLETION OF THE WORK AS SPECIFIED IN THE SPECIAL PROVISIONS WITHIN 50 WORKING DAYS,

AND THE PRICES INCLUDE ALL STATE, FEDERAL, AND OTHER TAXES APPLICABLE TO THE PROJECT.

The undersigned Bidder agrees to do any extra work, not covered by the above schedule of price, which may be ordered by the City, and to accept as full compensation therefore, such prices as may be agreed upon in writing by the City and the Contractor in accordance with the “Measurement and Payment” Section of the Standard Specifications.

If awarded the contract, the undersigned Bidder hereby agrees to submit the following documents to the City within ten (10) business days of the Notice of Award: a signed Agreement, executed bonds (including Faithful Performance Bond and Payment Bond), proper evidence of insurance, and any other forms or documents identified in the Bidding Documents and Notice of Award. The undersigned Bidder further agrees to begin work within ten (10) days after receiving the Notice to Proceed.

The undersigned Bidder has carefully examined the form of the Agreement, the Standard Specifications, the Plans and Special Provisions for the project hereinbefore described and referred to in the “Invitation to Bidders” inviting proposals for WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING and also the site of the work and will provide all necessary machinery, tools apparatus and other means of construction, and do all the work and

19.9 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
PROJECT NO. c401607
7 furnish all materials required by said Specifications and Plans and Special Provisions in the manner described therein.

No bid will be considered for less than all items of this schedule and one contract will be awarded for the entire Project.

The undersigned has carefully checked the bid prices, and all computations involved in the preparation of this bid, and understands that the City of Santa Cruz will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

This Bid is made with a full knowledge of the kind, quantities, and quality of the work and of materials, equipment, and plans required. This proposal is also made after a complete, careful, and independent examination and investigation of the site of the work, local conditions affecting the same, and materials to be encountered.

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date
The Bidder furthermore agrees that in case of its default in executing said Agreement with necessary bonds, the check or bond accompanying this Bid and money payable will become and remain the property of the City of Santa Cruz.

Enclosed is Bidder’s bond, certified check, or cashier’s check no. of the Bank for $ which is not less than 10 percent of the Bid submitted by the undersigned, payable to the City of Santa Cruz, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

It is understood and agreed that the City may reject any or all proposals, or waive any informalities or minor defects in proposals received.

It is agreed that this bid may not be withdrawn over a period of sixty (60) days from the opening thereof.

Bidder submits the following complete and executed documents herewith to form a complete Bid:

1. Bid Form

2. Basis of Bid

3. Bid Bond (if used as security)

4. List of Subcontractors Form

5. DIR Compliance Affidavit

6. Contractor Reference Information

7. Non-Collusion Declaration

8. Bidder’s Financial Qualification Form

19.10 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
8 Note: Bidders should not add any conditions or qualifying statement to this bid as otherwise the bid may be declared irregular as being not responsive to the Advertisement for Bids.

The undersigned declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct. A notary acknowledgment is required.

Dated: Firm Name:

Official Address: Phone:

Email Address:

By: Title:

State Contractor’s License No.:

DIR Registration No.:

Signature of Bidder:

19.11 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
9 Basis of Bid
Name of Bidder:

Project Name/Number:

Item
No. Item Description Unit
Estimated
Quantity
Unit Price
($)
Unit Price
Extension ($)
1 Mobilization & Demobilization L.S. 1
2 Complete removal of all contents in Digester

1. Wash down Digester 1 leaving it clean,
dry, and empty C.Y. 3360
3 Provide all transportation and disposal of
sludge. Dry Ton 500
4 Provide all transportation and disposal of
trash. Dry ton 20
5 Grit Tank cleaning and debris disposal L.S. 1
6 All work not included in Items #1-5 L.S. 1
7 8
9 SUBTOTAL
10% CONTINGENCY
TOTAL
Total Basis of Bid Plus Contingency in Words:

19.12 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
10 Bid Bond
(If Bond Posted as Security)
KNOW ALL PERSONS BY THESE PRESENT:

THAT WE, , AS PRINCIPAL,
AND , AS SURETY, are held and firmly
bound unto the City of Santa Cruz in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Santa Cruz for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Santa Cruz to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $___________________________________.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted the above-mentioned bid to the City of Santa Cruz, aforesaid, for certain construction specifically described as follows
For:
“Wastewater Treatment Facility Digester 1 Cleaning, c401607” NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract, in the prescribed form, in accordance with the bid, and files the certificate of insurance and two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _________day of____________, 20 ___.

PRINCIPAL SURETY
__________________________________ (Seal) (Seal)
__________________________________
Signature Signature
__________________________________
Title Title
__________________________________
Address Address
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

19.13 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
11 List of Subcontractors Form
Name of Bidder:

Project Name/Number: _____________________________
Bidder will use Subcontractors for the Work: □ YES □ NO For each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent, Bidder shall indicate on this form each proposed subcontractor’s legal/contracting entity name, business address and phone number, the Contractor’s State Licensing Board license number, the public works contractor registration number issued pursuant to California Labor Code Section 1725.5, the dollar amount and proportion (in percent) of the Work of each Subcontractor (of any tier) to whom a portion of the Work will be awarded via one or more subcontracts, and the work to be performed by the subcontractor.

Subcontractor’s
Legal Name
Business
Address and
Phone
Number
CSLB
License
Number
Public
Works
Contractor
DIR
Number
Subcontract
Amount and
Proportion
of Total Bid
Price
Work to Be
Performed
(Attach additional sheets, if necessary)

19.14 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
12 DIR COMPLIANCE AFFIDAVIT
Name of Bidder:

Project Name/Number:

California Labor Code requires private contractors, and their subcontractors, to pay prevailing wages to their workers when working on a project funded by a public entity. Prevailing wages are due if the project costs more than $1,000, and involves the following construction work: new construction, alteration, demolition, installation, repair and maintenance. Contractors must also make an attempt to hire apprentices when the total project costs exceed $30,000.

Prior to commencement of the Contract, all Contractors and subcontractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to https://www.dir.ca.gov/Public-Works/PublicWorks.html.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (effective March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (effective April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
• DIR registration is required each fiscal year (July 1 – June 30).

I, the Bidder, certify that:

I acknowledge that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. I am aware of the provisions of Senate Bill SB 854 and Labor Code sections 1725.5, 1771.1(a), 1774-1776, 1777.5, 1813, and 1815 which require Contractors to comply with all labor compliance requirements, including but not limited to, prevailing wage requirements, Public Works Contractor Registration Program, Electronic Certified Payroll Reporting, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract.

Signature Date
Print Name Title

19.15 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
13 Contractor Reference Information
Name of Bidder:

Project Name/Number:

Failure to provide this information may constitute grounds for rejection of the bid.

The Bidder has been engaged in the contracting business under State License No.(s) for a period of years.

The following are five owners for whom the Bidder has constructed projects of similar scope to the Project. Such projects will have been completed within the past five years.

1. Name, Address, Phone No:

Project Description:

Date Completed:

2. Name, Address, Phone No:

Project Description:

Date Completed:

3. Name, Address, Phone No:

Project Description:

Date Completed:

4. Name, Address, Phone No:

Project Description:

Date Completed:

5. Name, Address, Phone No:

Project Description:

Date Completed:

19.16 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
14 Non-Collusion Declaration
(Pursuant to Section 7106 of the Public Contract Code)
Name of Bidder:

Project Name/Number:

The undersigned declares:

I am the of , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20__, at [City], , [State].
(Signature)

19.17 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
15 Bidder’s Financial Qualification
Name of Bidder:

Project Name/Number:

Reference is hereby made to the following bank or banks as to the financial responsibility of the Bidder:

Name of Bank Address/Phone Number/Contact Name & Title
Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the Bidder:

Company:

Address:

Company:

Address:

I certify that Bidder is financially and technically capable of performing and has the necessary experience to perform the work of the contract.

I declare under penalty of perjury that the foregoing is true and correct. This certificate is executed on ______________[date], at ______________[city], ______________[state].

BIDDER
Name:

Title:

19.18 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
16 AGREEMENT
THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and _________________________________, hereinafter called “Contractor;”
WITNESSETH, that the parties hereto do mutually agree as follows:

ARTICLE I
That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the bid proposal attached hereto, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to build, construct, reconstruct, pave or repave and complete improvements for:

WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING
(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).

ARTICLE II
It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.

3. This Agreement, including:
a. Exhibit A – Contractor’s Bid Proposal, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Performance Bond

6. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation

7. Good Faith Effort Statement for Local Hire

8. Local Hiring Statement

9. Invitation For Bids for WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING, PROJECT NO. C401607, including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

10. General Conditions

11. Standard Specifications, including the City Specifications and all applicable State Specifications and/or Drawings

19.19 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
17 The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III
It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz, entitled:

1. City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications (“City Specifications”);

2. Standard Specifications of the State of California, Department of Transportation, dated 2022 (“State Specifications”); and

3. State of California /Caltrans: California Manual on Uniform Traffic Control Devices (CA MUTCD) (2014 Revision 6).

Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.

ARTICLE IV
Contractor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.

ARTICLE V
The City hereby contracts to pay said Contractor the prices provided for in the Bid Proposal in the manner, to the extent, and at the times set forth in the Contract Documents.

ARTICLE VI
It is agreed by the parties hereto that the acceptance of the Contractor's performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Contractor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid.

The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.

ARTICLE VII

19.20 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
18 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Contractor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Contractor or subcontractors. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction.

Contractor acknowledges and agrees that Contractor’s obligation to defend the City and the other Indemnitees arises at the time such Losses is tendered to Contractor by the Indemnitees and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction. This provision shall survive the termination of the Agreement or the completion of the Work.

This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.

ARTICLE VIII
Article Intentionally Omitted.

ARTICLE IX
General Terms

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

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

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

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

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

6. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same

19.21 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
19 instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

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

Signature Page to Follow

19.22 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
20 IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.

Technical Review by:

Date:

Kevin Crossley, Assistant Director/City Engineer
Approved as to Form by:

Date:

Anthony P. Condotti, City Attorney
For Contractor Name:

Signature: Date:
(Name, Title)
For Contractor Name:

Signature: Date:
(Name, Title)
For CITY OF SANTA CRUZ, a municipal corporation
Date:

Matt Huffaker, City Manager
Signature Requirements for Business Entity:
a. 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

19.23 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
21 Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer b. Partnership - Signature of General Partner, or signature of partner who is authorized to execute documents per the Certificate of Partnership. If authorized partner is a corporation, follow Corporation signature requirement. c. LLC- For a member-managed LLC, signature of any member. For a manager-managed LLC, signature of the manager. If the LLC has corporate officer designations, follow Corporation signature requirement.

See, City’s Signature Requirements for Business Entities for more information.

19.24 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
22 LABOR AND MATERIAL BOND
WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled: WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING, adopted by the City Council of the City , 20___ and
WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, the said Principal is about to enter into the annexed contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:

NOW, THEREFORE, we, the Principal, and , a
corporation organized and existing under and by virtue of the laws of the State of as “Surety”, are held and firmly bound unto the City of Santa Cruz in the sum of dollars ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Santa Cruz, for payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or his/her subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of

19.25 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
23 any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned
representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

19.26 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
24 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and
hereinafter designated as “Principal” have entered into an agreement whereby Principal agrees to install and complete the work or improvement described in the contract documents entitled: WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING, adopted by the City Council of the City on , 20__; and
WHEREAS, said Principal is about to enter into the annexed agreement with the City as is required to furnish security for the faithful performance of said Agreement.

NOW, THEREFORE, we, the Principal, and , a corporation
organized and existing under and by virtue of the laws of the State of , as “Surety”, are held and firmly bound unto the City, in the sum of ($ ), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and will indemnify and save harmless the City, its officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there will be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City.

As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ($ ), will remain in full force and effect, otherwise the obligation will be discharged.

However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will continue so long as any obligation of the Principal remains.

19.27 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
25 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications will in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code § 2819.

IN WITNESS WHEREOF, the parties have executed this instrument under their seals this day of , 20___, and duly signed by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

I hereby approve the form of the within bond.

City Attorney Date
(Note: Signatures of those executing for the surety as an Attorney-in-Fact must include a Notary Acknowledgement.)

19.28 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
26 Contractor’s Certificate Relating to Worker’s Compensation I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under contract with the City of Santa Cruz (check one of the following) for WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING:
□ I have and will maintain in full force and effect Workers’ Compensation Insurance, as required by Section 3700 of the Labor Code, for the performance of the Work. My Workers’ Compensation insurance carrier and policy number are:

Insurance Carrier:

Policy Number:
□ I have and will maintain in full force and effect and have attached hereto a Certificate of Consent to Self-Insure issued by the Director of Industrial Relations, as provided for by Section 3700 of the Labor Code, for the performance of the Work.

I declare under penalty of perjury that the foregoing is true and correct and executed on , 20__ at , California.

CONTRACTOR
Name:

Title:

19.29 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
27 Good Faith Effort Statement for Local Hire
In conformance with Chapter 3.10 of the Municipal Code, each Contractor and subcontractor shall complete and submit this Statement following Award of Contract and prior to issuance of the Notice to Proceed.

Project Title:

Name and Title of Person Completing Statement:

Name of Contractor or Subcontractor:

Date Statement Completed:

Address:

Contractor (or Subcontractor) estimates that fifty percent (50%) or more of its workforce for this project meets the local hire requirements of this contract:  Yes  No* *If no, complete the following table:

Name & Address of Local
Recruitment Source
Date of Recruitment
Contact
Person Contacted & Phone
#
Trade & Classification
# of Hire Referrals
Requested
# of Local Hire(s) Made as
Result of Contact
Name & Address of Local
Hire(s), as a Result of
Contact
(Additional Sheets May Be Attached As Needed)

19.30 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
28 Local Hiring
Prevailing wage statements shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring.

However, the following information shall accompany the prevailing wage statements:

For pay period ending ____________________________
I. For each employee, complete residency compliance by marking the appropriate box.

Employee
a. Resident of the County of
Santa Cruz for at least one year
preceding date of Award of
Contract, or
b. A member of a Building Trade
Journeyman, or Building Trade
Apprentice program whose
organization has jurisdiction over
all or part of Santa Cruz County.
1 Yes  No  Yes  No 
2 Yes  No  Yes  No 
3 Yes  No  Yes  No 
4 Yes  No  Yes  No 
5 Yes  No  Yes  No 
6 Yes  No  Yes  No 
7 Yes  No  Yes  No 
Apprentice
Yes  No  Yes  No 

DUPLICATE AS NECESSARY
II. Calculate total weekly project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________% III. Calculate cumulative total project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________%

19.31 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
29 GENERAL CONDITIONS

1. Failure to Execute Contract
Failure of the lowest responsible and responsive bidder to execute the Contract and provide all acceptable bonds and documents as required by the Contract Documents as provided herein within ten (10) calendar days after such bidder has received the Contract for execution shall be just cause for the annulment of the award and the forfeiture of the bid security. This period of time shall be subject to extension for such further period as may be agreed upon in writing between the City and Bidder concerned.

2. Contractor's Insurance
Contractor will procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its/his agents, representatives, employees or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, 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.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Consultant. Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000

AGGREGATE
Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
 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

19.32 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
30 (Code 9), per accident for bodily injury and property damage.  WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability  CONTRACTORS POLLUTION LIABILITY and/or ASBESTOS POLLUTION LIABILITY (CPL) (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.

1. If the services involve lead-based paint or asbestos identification / remediation, the Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

2. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering hazardous materials to be transported by Contractor pursuant to the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy.

C. OTHER INSURANCE PROVISIONS
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

The insurance policies are to comply with the following provisions:
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, Contractors Pollution Liability, and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).  PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.

19.33 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
31  NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to 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.
 EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.  ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:

VII, unless otherwise acceptable to the City.
 CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
 VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting

19.34 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
32 coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

3. Claims
A. Definition of “Claim”.

All provisions of California Public Contract Code Section 9204 are incorporated into and form an integral part of the Contract Documents for this Project. The City and Contractor shall comply with California Public Contract Code Section 9204 when applicable.

As used herein, the term “Claim” means a separate written demand or assertion by Contractor sent by registered mail or certified mail, with return receipt requested, for one or more of the following arising out of or related to the Contract Documents or the performance of the Work: (A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under the Contract; (B) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; (C) payment of an amount that is disputed by the City, as defined in Public Contract Code Section 9204(c).

A Claim does not include, and the procedures for processing of Contractor Claims do not apply to the following:
(i) Claims respecting penalties for forfeitures prescribed by statute or regulation which a government agency is specifically authorized to administer, settle, or determine (other than penalties for delay assessed by the City under the Contract). (ii) Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. (iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after final payment by City to Contractor. (v) Claims respecting stop notices.

19.35 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
33 (vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

B. Time Period for Submission of Claim.

If a Claim involves an adjustment to the Contract Sum or to the Contract Time due to Extra Work, then the Claim arises upon issuance of a decision denying, in whole or in part, Contractor’s Change Order Request. All other Claims arise when Contractor discovers, or should have discovered, the circumstances giving rise to the Claim (even if Contractor has not yet been damaged or delayed).

A Claim that does not involve an adjustment to the Contract Sum or Contract Time for Extra Work may be asserted if, and only if, Contractor gives written notice of intent to file the Claim to the City within five (5) calendar days of the date the Claim arises. A written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any, with respect to Contractor’s entitlement to an adjustment of the Contract Sum or Contract Time, and complies with the requirements of Section 3(C), below.

All Claims and supporting documentation and certifications must be filed as soon as possible, but no later than thirty (30) calendar days after the Claim arises. No Claims shall be filed after the final payment has been issued unless otherwise permitted by law.

C. Reasonable Documentation.

The Claim must include the following:
(i) A statement that it is a Claim and a request for a decision on the Claim; (ii) A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of Work effected and reasonable documentation to support the Claim; (iii) A certification, executed by each Subcontractor claiming not less than 5% of the total monetary amount sought by the Claim, that the Subcontractor’s portion of the Claim is filed in good faith.
(iv) If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Request was submitted in a timely manner as required by the Contract Documents. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by the Contract Documents.
(v) A detailed justification for any remedy or relief sought by the Claim, including, without limitation:
a. A detailed cost breakdown in the form required for submittal of Change Order Requests, including an estimate of the costs incurred or to be incurred. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices, and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time of Claim

19.36 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
34 submittal, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred.
b. Copies of actual job cost records demonstrating that the costs have been incurred. c. If the Claim is based on an error, omission, conflict, or ambiguity in the Contract Documents: (1) a sworn statement by Contractor and any Subcontractors or Subsubcontractors involved in the Claim, to the effect that the error, omission, conflict, or ambiguity was not discovered prior to submission of the Bid, or (2) if not discovered, a statement demonstrating that the error, omission, conflict, or ambiguity could not have been discovered by Contractor, its Subcontractors or Subsubcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid. (vi) If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
(vii) A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
“I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor’s name) and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of (Subcontractor's/Subsubcontractor’s name(s)) and that the following statements are true and correct. a. The facts alleged in or that form the basis for the Claim are true and accurate. b. The Claim is submitted in good faith.
c. The Change Order Request was timely submitted, as required by the Contract Documents.
d. Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading.
e. Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub-subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim.
f. Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects

19.37 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
35 on the time and/or sequence of performance of the Work, as alleged in the Claim; and.
g. Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.

Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________
Date: _______________________________
D. Assertion of Claims.
(i) Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow, or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.
(ii) All Claims and supporting documentation must be sent to the City by registered mail or certified mail with return receipt requested.
(iii) Strict compliance with these requirements is conditions precedent to Contractor’s right to an informal conference to meet and confer to resolve a Claim, mediate a Claim, or arbitrate or litigate a Claim. The failure of Contractor to strictly comply with the requirements of this Section constitutes a failure by Contractor to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim.
(iv) There shall be no waiver of any of the rights set forth in California Public Contract Code Section 9204; provided, however, that (i) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (ii) the City may prescribe reasonable Change Order, Claim, and Dispute Resolution Procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise the timeframes and procedures set forth in Public Contract Code Section 9204.
(v) The City’s right to commence the Contract dispute resolution process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the dispute. Nothing herein shall preclude the City from asserting disputes in response to a Claim asserted by Contractor.

E. Decision of City on Claims.
(i) Pursuant to Public Contracting Code section 9204(d), upon receipt of a Claim, the City shall conduct a reasonable review of the claim and, within 45 days, shall provide the

19.38 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
36 Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of the Claim, the Owner’s Representative, City, and Contractor may, by mutual agreement, extend the time period provided in this Section.

If City determines that additional supporting data are necessary to fully evaluate a Claim, City will request such additional supporting data in writing. Such data shall be furnished by Contractor to City no later than 10 days after the date of such request. Any payment due to Contractor by City on an undisputed portion of the Claim shall be processed and made within 60 days after the written statement is issued.
(ii) If the City needs approval from its governing body to provide the Contractor with a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the forty-five (45) day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(iii)Failure by the City to respond to a Claim from Contractor within the time periods described in this Section 3 and California Public Contract Code Section 9204 or to otherwise meet the time requirements shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article 4.2 and California Public Contract Code Section 9204, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. (iv)Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (v) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum, pursuant to Public Contracting Code section 9204(d)(4). (vi)If a subcontractor or a lower tier subcontractor lacks standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or a lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which has been performed by the subcontractor or lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting the Claim be presented to the City shall furnish reasonable documentation supporting the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.

F. Meet and Confer Conference.

19.39 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
37 If the Contractor disputes the City's written response, or if the City fails to respond to a Claim issued pursuant to Section 3(E) within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

G. Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, specified in Section 3(F), if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
(ii) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation, or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii)Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

H. Arbitration and Litigation.
(i) In the event mediation does not resolve the parties' dispute, the parties shall comply with the Arbitration provisions set forth in Public Contract Code Sections 10240 – 1024.13. (ii) Unless the City and Contractor otherwise agree in writing, the arbitration decision shall be binding upon the parties, made under and in accordance with the laws of the State of California, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation, or correction under the procedures and on the grounds specified in the California Code of Civil Procedure including without limitation Section 1296. The expenses and fees of the arbitrators and the administrative

19.40 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
38 fees of the AAA shall be divided among the parties equally. Each party shall pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. (iii)The City may, but is not required, to assert as a counterclaim any matter arising out of the claims asserted by Contractor in the arbitration. City’s failure to assert any such counterclaim in an arbitration shall be without prejudice to the City’s right to assert the counterclaim in litigation or other proceeding.
(iv)Any litigation shall be filed in the Superior Court of the State of California for the County of Santa Cruz.

I. Waiver.

A waiver of or failure by the City to enforce any requirement in this Section 3 in connection with any Claim shall not constitute a waiver of and shall not preclude the City from enforcing such requirements in connection with any other Claims.

The Contractor agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order.

4. Time of Completion
Attention is directed to the provisions in Section 8 (Commencement of Work, Time of Completion and Liquidated Damages) of the Standard Specifications and these General Conditions.

The Contractor shall promptly start the work and diligently prosecute the work to completion before the expiration of 50 working days after the date of the Notice to Proceed.

Full compensation for any additional costs occasioned by compliance with the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore.

5. Failure to Complete the Work on Time (Liquidated Damages) All time limits stated in the Contract Documents are of the essence. If the work is not completed by Contractor in the time specified in the Contract Documents, or within any period of extension authorized in writing by the City, it is understood that City will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that Contractor will pay the City, as fixed and liquidated damages, and not as a penalty, the sum of one thousand ($1000) dollars for each calendar day of delay until the work is completed and accepted, and Contractor and his/her surety will be liable for the amount thereof; provided, however, that Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor.

19.41 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
39 Contractor shall, within ten (10) days from the beginning of any such delay, notify City in writing of the cause of the delay; whereupon City shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in its judgment, the findings of fact justify such an extension. City's finding of fact thereon shall be final and conclusive on the parties hereto.

6. Existing Facilities
Prospective bidders shall visit the work site and determine for themselves the existing conditions at the Project site, including location of utilities. The Contractor shall take precaution so as to avoid damaging existing public facilities and private improvements.

In accordance with California Government Code Section 4215, the City assumes the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified in the plans and specifications made a part of the invitation for bids. The City will compensate the Contractor for the costs of locating, repairing damage not due to the Contractor’s failure to exercise reasonable care, and removing or relocating existing main or trunk line utility facilities located at the Project site and not identified with reasonable accuracy in plans and specifications made a part of the invitation for bids. The City will also compensate the Contractor for the cost of equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the City’s or utility owner’s failure to provide for removal or relocation of such main or trunk line utility facilities.

Nothing in this provision or the Contract Documents will be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Work site can be inferred from the presence of other visible facilities, such as buildings, meter, and junction boxes, on or adjacent to the Project site; provided, however, that nothing in this provision or the Contract Documents shall relieve the City from identifying main or trunk lines in the plans and specifications made a part of the invitation for bids.

Nothing in this provision or the Contract Documents will preclude the City from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.

Nothing in this provision or the Contract Documents will be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.

If the Contractor while performing the Work discovers utility facilities not identified by the City in the plans and specifications made a part of the invitation for bids, the Contractor must immediately notify the City and utility in writing.

Either the City or the utility, whichever owns existing main or trunk line utility facilities located on the Work site, shall have sole discretion to effect repairs or relocation work or to permit the Contractor to perform such repairs or relocation work at a reasonable price

19.42 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
40 The Contractor will be required to work around public utility facilities that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and (s)he will be held liable to the owners of such facilities for any damage or interference with service resulting from his/her operations.

The exact locations of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage or interfere with service resulting from his/her operations. It shall be the Contractor’s responsibility to notify public utilities that (s)he is working in the vicinity of their facilities.

Other forces may be engaged in moving or reconstructing utility facilities or maintaining service of utility facilities, and the Contractor shall cooperate with such forces and conduct his/her operation in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other forces.

The City owns, operates, and maintains its own water distribution and sewer collection systems and will cooperate with the Contractor insofar as it is reasonable and practicable. Water, as required for City projects, may be obtained at City-owned fire hydrants provided that application is made to the Water Department and permission obtained with provision for payment.

Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor.

All underground utilities including but not limited to water service, sewer laterals, electrical service, and gas service broken or disturbed by the Contractor’s crew will be replaced or repaired by the Contractor or Utility Company at the Contractor’s expense.

The Contractor shall consult with utilities and notify them of any relocation or protection in sufficient time to allow the utilities to perform the work in a complete and orderly manner.

7. Water Pollution Control Program (WPCP) and/or Storm Water Pollution Prevention Program (SWPPP)
Water pollution control work and storm water pollution prevention work shall conform to Chapter 4 of the Best Management Practices Manual for the City’s Storm Water Management Program available on the City of Santa Cruz website at:
http://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices.

The Contractor shall take all necessary precautions to prevent any leakage or sewage spills of any kind onto adjacent property, public or private roadway, drainage systems, and waterways. The Contractor shall be liable for any and all clean-up costs or any fines that may be levied including those by the Regional Water Quality Control Board (RWCQB) against the City, in the event that such leakage or spill occurs. The Contractor shall also be responsible for reporting any and all spill

19.43 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
41 to the appropriate regulatory agencies, including the RWCQB and the Santa Cruz County Health Department.

Full compensation for conforming to the requirements of “WATER POLLUTION CONTROL” including furnishing all labor, materials, equipment, tools, and incidentals shall be included in the various bid item prices and no additional compensation will be allowed.

8. Maintenance and Clean-Up
Throughout the construction period, the Contractor shall keep the Project site in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, and maintain proper housekeeping practices to the satisfaction of the Engineer.

When any material is to be disposed of outside of the easement or street or highway right-of-way, the Contractor shall first obtain written permission from the owner on whose property the disposal is to be made. Disposal must conform to grading ordinance of the jurisdiction in which the Work is performed. Location of disposal sites shall be submitted to the Engineer for review and subject to his/her approval.

Upon completion of the Work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the Work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all portions of the Work shall be left in a neat and orderly condition.

The final inspection, acceptance, and final payment will not be made until this has been accomplished.

9. State of California Department of Transportation Standard Specifications All Work under the Contract shall conform to the applicable requirements of the most recent published State of California Department of Transportation Standard Specifications. Said State Specifications are to be considered an integral part of the specifications for all purposes related to this Contract.

Definitions of terms not defined in City Standard Specifications shall be as defined in the 2022 State Standard Specifications, available at:
https://dot.ca.gov/-/media/dot-media/programs/design/documents/2023_stdspecs-a11y.pdf

10. Notification of Project Commencement
The Contractor shall notify the City Engineer at least five (5) business days prior to mobilizing to the Project site.

11. Project Schedule
The Contractor shall prepare a project schedule and submit it to the Engineer for his/her review and approval five (5) days prior to the beginning of the Work. Work shall be conducted between the hours of 8 AM and 5 PM, Monday to Friday, except with the permission of the Director, except in case of any emergency.

19.44 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
42 12. Progress and Final Payment
Progress and final payments will be made in accordance with Section 9 of the Standard Specifications, except as herein modified.

Payments are made every two weeks by the City Finance Department. The Contractor may receive partial payments only once for any month. A listing of payment cut-off dates is available upon request.

13. Extra Work
Extra work shall conform to the provisions in Section 9 of the California Standard Specifications and to these General Provisions.

Any alleged extra work or delays shall be given in writing within 24 hours of any occurrence to the Project Engineer or Inspector. The Contractor shall submit to the Project Engineer or Inspector an extra work report for each day the extra work is performed. The report shall be submitted prior to the start of work the following day. The report shall include: (1) a description of the extra work; (2) the quantity, classification, and working hours of the extra work labor force; (3) the type of equipment, code number, and hours of operation of the equipment towards extra work; and (4) the quantity and type of materials used for extra work.

14. Local Hiring Compliance Forms
The Contractor, and all subcontractors, must comply with the local hiring provisions of Chapter

3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires City Contractors and subcontractors to make good faith efforts to hire qualified individuals who are local residents, as workers on City public works projects of estimated value of greater than the formal bid limit, unless prohibited by State or Federal laws or regulations.

The Contractor and all listed subcontractors must complete and submit to the City, after the Award of Contract and prior to the issuance of the Notice to Proceed, the form entitled, “Good Faith Effort Statement for Local Hire,” as contained in the Contract Documents.

The Contractor must also complete and submit to the City, on a weekly basis, documentation of local hiring. The certified payroll documents required by the Department of Industrial Relations will be deemed acceptable documentation if the certified payroll documents are accompanied by the form included in the Contract Documents or if certified payroll documents are modified to include the information therein.

15. Apprentice Hiring Records and Compliance Forms
City apprentice requirements do not apply to projects less than one hundred thousand dollars ($100,000) in value.

19.45 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
43 The Contractor, and all subcontractors, must comply with the apprentice hiring provisions of Chapter 3.10 of the Municipal Code of the City of Santa Cruz, which is incorporated into these Contract Documents by reference. Chapter 3.10 specifically requires each City Contractor or subcontractor to make a good faith effort to hire an apprentice on the Project who is enrolled in a viable apprentice program. Viable apprenticeship programs are listed on the Division of Apprenticeship Standards (DAS) web site (select Santa Cruz County):
http://www.dir.ca.gov/databases/das/pwaddrstart.asp. The apprenticeship requirement will apply for each apprenticeable craft in which the Contractor employs workers in performing any of the work under the Contract. Attention is also directed to State Labor Code Sections 1777.5 and 1777.6 and California Apprenticeship Council regulations concerning the employment of apprentices by the Contractor or subcontractor.

Chapter 3.10 further requires the maintenance of documents demonstrating that the Contractor has requested an apprentice from a minimum of two viable apprenticeship programs after the Contractor is awarded the Contract and prior to commencing work. Failure to comply with any of the provisions of Chapter 3.10, including the maintenance of the records, will be deemed a breach of the Contract or subcontract and may result in the Contractor or subcontractor being declared “non-responsible” by the City and ineligible for the award of future City contracts. In addition, State Labor Code 1777.5 provides for penalties of up to one hundred dollars ($100) a day for noncompliance.

If the Contractor is exempted from the apprentice requirement according to the exemptions described in State Labor Code 1777.5, the Contractor must notify the City in writing of their exemption prior to commencing work and explain the exemption in detail.

Unless exempted, the Contactor will, prior to commencing Work, submit to the City and the appropriate apprenticeship program, a DAS Form 140. The Contractor will submit a copy of the Request for Dispatch of Apprentice Form to the City as evidence that an apprentice was requested.

A Request for Dispatch of Apprentice Form is provided in Section 4 of these Special Provisions.

The request for an apprentice will be made at least two (2) working days before the date on which one or more apprentices are required. These forms are available from the DAS web site (http://www.dir.ca.gov/das/PublicWorksForms.htm ).

16. Trenching Requirements
Section Intentionally Omitted.

17. Third Party Claims
Both parties shall timely notify the other of the receipt of any third-party claim relating to the Contract or Project. The City shall be entitled to recover its reasonable costs incurred in providing such notice.

18. Force Majeure

19.46 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
44 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder, or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Contract.

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

20. Conflicts of Interest
Contractor owes City a duty of undivided loyalty in performing the Work and services under this Contract. Contractor covenants (on behalf of Contractor and its employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Contract.

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

21. City Property
Unless otherwise provided herein, Contractor agrees that all copyrights which arise from creation of Project-related documents and materials pursuant to this Agreement shall be vested in the City and Contractor waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Contract shall be confidential, not to be used by the Contractor on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

22. Equal Employment Opportunity/Non-Discrimination Policies City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. Contractor must comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Contractor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct,

19.47 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
45 discrimination, harassment, and retaliation exist in Contractor’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at
http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

23. Termination
A. City May Terminate for Cause
The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:
- Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); - Failure of Contractor to perform or otherwise comply with a term of the Contract Documents;
- Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or Contractor’s repeated disregard of the authority of City or Engineer.

If one or more of the events identified above occurs, then after giving Contractor (and any surety) at least fourteen (14) calendar days’ written notice of City’s intent to terminate the Contract, City may proceed to:
- declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and
- enforce the rights available to City under any applicable performance bond.

Subject to the terms and operation of any applicable performance bond, if City has terminated the Contract for cause, City may exclude Contractor from the Site, take possession of the Work and all materials and equipment stored at the Site for which City has paid Contractor, including materials and equipment stored elsewhere, and complete the Work as City may deem expedient.

City may proceed with termination of the Contract under this Section, unless Contractor within seven (7) days of the date of the notice of intent to terminate begins to correct Contractor’s failure to perform and proceeds diligently to cure such failure.

If the contract is terminated as provided herein, Contractor shall not be entitled to receive any further payment. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City within thirty (30) calendar days of City’s invoice to Contractor. Such claims, costs, losses, and damages incurred by City will be reviewed as to reasonableness. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the Work performed.

19.48 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
46 Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by City will not release Contractor from liability.

B. City May Terminate for Convenience
Upon fourteen (14) calendar days’ written notice to Contractor, the City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall submit a claim for payment including required certifications as required in the Contract Documents within six (6) months of the effective date of termination. Subject to verification to City’s satisfaction, Contractor will be eligible to be paid for (without duplication of any items):
- completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination;
- expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; and
- other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

City shall not be liable for costs incurred by Contractor, or any Subcontractor or supplier, after receipt of a notice of termination.

City shall deduct from Contractor any advance payments made to Contractor related to the terminated portion of the Contract Documents, any claim which City may have against Contractor in connection with the Contract Documents, and any other applicable costs.

C. Contractor May Stop Work or Terminate
If, through no act or fault of Contractor, or Subcontractor, or any employee or agent of Contractor or any Subcontractor, (1) the Work is suspended for more than 180 consecutive days by City or under an order of court or other public authority, or (2) the City fails to act on an application for payment within 30 days after it is submitted by Contractor, or (3) City fails for sixty (60) calendar days to pay Contractor any undisputed sum finally determined to be due, then Contractor may, upon thirty (30) days’ written notice to City, and provided City does not remedy such suspension or failure to cure within fourteen (14) days of the default, terminate the contract and recover payment for Work actually performed.

In lieu of terminating the Contract and without prejudice to any other right or remedy, if City has failed to act on an application for payment by Contractor within thirty (30) days after it is submitted, or City has failed for sixty (60) days to pay Contractor any undisputed sum finally determined to be due, Contractor may, fourteen (14) days after written notice to City, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change

19.49 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
47 Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. [End of Section]

19.50 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
48 TECHNICAL SPECIFICATIONS

1. Scope of Work
Digester 1
The work to be done consists in general of the full-service removal and disposal of all liquids and solids from Digester #1, wash down of the interior, and transportation and disposal of fluid and solids. All work on the interior of the digester shall be performed using only the existing access openings. There are two 45” (OD approx 36” ID) manholes on the top and one 32” (OD approx. 24” ID) manhole on the side.After evacuation of Digester #1, all interior surfaces shall be washed clean and the tank pumped dry.

South Grit Tank
The work to be done consists in general of the full-service removal and disposal of all grit from the south grit tank of the Preaeration Grit Removal Structure, wash down of the interior, and the transportation and disposal of grit from the south grit tank. All work on the interior of the south grit tank shall be done through designated access points as specified by WWTF staff before the cleaning.
--
The Contractor shall provide all labor, materials, tools, chemicals, services, and equipment or process machinery as well as all trucks and suitable containers, supplies, personnel and all other requirements necessary for the processing, removing, hauling and disposal of liquid, grit, debris, or sludge and tank cleaning required for the complete and proper execution of all the work outlined in these specifications. Work shall include items not specifically mentioned herein or noted on plans but necessary to make a complete working installation of all systems shown or described herein.

2. Project Schedule
The Contractor shall prepare and submit a project schedule to the Engineer for his/her review and approval five (5) days prior to the beginning of the Work. The Contractor shall coordinate with the Engineer and Wastewater Facility (WWTF) operations and maintenance staff for the scheduling of systems shutdown.

3. Mobilization and Demobilization
This section governs the mobilization and demobilization of personnel, equipment and materials at the work site for other contract items that will be performed by the Contractor. Mobilization and demobilization shall include, but not be limited to the movement of equipment, personnel, material, supplies, etc. to and from the Work site.

19.51 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
49 The contractor shall coordinate with WWTF staff and the Engineer to determine the staging area prior to the commencement of work. Mobilization and Demobilization costs shall not exceed 5 percent of Contract Price.

Payment for “Mobilization and Demobilization” and all costs therefore shall be included in the contract unit price paid per EACH for “Complete removal of all contents in Digester 1. Wash down Digester 1 leaving it clean, dry, and empty” in bid item #1.

4. Facility Access and Safety
The Contractor's attention is drawn to the fact that during the course of the work of this Contract, the existing facilities will be used and maintained by City personnel. The Contractor shall coordinate its work in such a way as to interfere as little as possible with the routine work of existing facilities except in direct pursuit of the work of this Contract and as favorably reviewed by the Engineer. The Contractor shall provide safe access at all times to all existing facilities for operating personnel and equipment and shall follow clearance and staging area requirements as determined by the Engineer and WWTF staff. The Contractor shall notify the Wastewater Maintenance Supervisor if obstruction to a facility cannot be avoided. The Contractor shall coordinate with the Wastewater Maintenance Supervisor for system shutdowns as necessary during the cleaning.

Contractor shall provide protection devices and whatever else is necessary to ensure the security of and within the facility during all phases of the cleaning. Contractor shall comply with all federal, state, and local statutes, rules, and regulations in performance of this Contract, including but not limited to those dealing with demolition and public safety. Contractor shall ensure safe passage of persons around areas of cleaning within the facility. Contractor shall conduct operations to prevent damage to adjacent buildings, structures, other facilities, and people.

Contractor shall comply to all OSHA confined space requirements as necessary.

5. Digester #1 Cleaning
Volume To Be Removed
Digester # 1 has an inside diameter of 85 feet and a depth of 31 feet. It holds approximately 1,315,136 gallons of material (42,424 gallons per foot). The City will reduce the amount of material in Digester #1 before taking it out of service. Digester #1 will be drawn down to the 8” upper draw off solids line at 16 feet elevation.

The amount of material the City will remove is approximately 636,356 gallons, leaving approximately 678,780 gallons (3360 cubic yards) remaining for the Contractor to remove.

These numbers include the cone shape at the floor of Digester #1. The City and the Contractor will agree upon the tank depth measurements before any contents are removed. The tank depth measurement times 85’ will be used to calculate the volume of the contents removed.

Material Removal & Cleaning

19.52 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
50 The Contractor shall remove all fluid contents and solids including sludge, scum, grit, sand, and other foreign materials deposited in Digester #1. Such removed materials shall be disposed of offsite by the Contractor at the Contractor’s expense.

Following content removal, the Contractor shall wash down Digester 1 leaving it clean, dry and empty.

Solids Dewatering
If the Contractor chooses to dewater the fluid and solid contents on site, the equipment used for such dewatering shall consistently achieve a solids capture rate of 95%.

The City’s existing centrifuges will not be available to the Contractor for dewatering material removed from the digester during cleaning.

Centrate Acceptance
The City will accept, treat, and dispose of the filtrate or centrate from the contractor’s dewatering operation provided that the filtrate or centrate is delivered to the influent pumping station wet well at a rate not greater than 1000 gallons per minute with total solids not to exceed 0.2%.

Available Power
The Contractor shall provide a 300-foot-long power cable from their equipment to the point of power connection. The Contractor will provide all related electrical equipment beyond point of power connection. The maximum available electrical is 480 Volts / 3-phase up to 250 amps.

Available Water
Washdown water may be pumped from the effluent portal box which receives 6 MGD. The contractor shall supply all pumps and hoses.

Prevention of Leakage or Sewer Spills & Cleanup
The Contractor shall take all necessary precautions to prevent any leakage or sewage spills of any kind onto property, public or private roadway, drainage systems and waterways. If pumping is required during times when the contractor is not on site the Contractor shall provide continuous automatic monitoring system with an audible alarm and shall have available, on an on-call basis, personnel and equipment necessary to handle any clean up that may be necessary due to a spill. The Contractor shall be liable for any and all clean-up costs or any fines that may be levied including those by the Regional Water Quality Control Board (RWQCB) against the City, in the event that such leakage or spill occurs. The Contractor shall also be responsible for reporting any and all spill to the appropriate regulatory agencies, including the RWCQB and the Santa Cruz County Health Department.

The Contractor must limit odors produced as a result of contract work to a maximum of 5 odor units at the fence line.

19.53 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
51 The Contractor shall be responsible, on a daily basis, to maintain a clean work site, to remove debris and to dispose of it properly at his/her own expense. Upon completion and before making application for acceptance of the work the Contractor shall clean the area of work and all ground occupied by him/her in connection with the work of all rubbish, temporary structures and equipment.

The work shall be performed in a manner so as to allow the continuous operation of the Wastewater Treatment Facility. Shutdowns or diversions of sewage around the work will not be allowed. The Contractor shall be responsible for maintaining the work area in such a manner that city staff may continue to use the facility as necessary.

Computerized Maintenance Management System (CMMS) Data Entry Forms The Contract shall coordinate with the Engineer and WWTF staff to fill out and submit CMMS forms for asset management and record keeping purposes. CMMS Forms will be provided in Microsoft Excel format.
--
Payment for Digester #1 Cleaning and all costs therefore shall be included in the contract unit price paid per EACH for “Complete removal of all contents in Digester 1. Wash down Digester 1 leaving it clean, dry, and empty” in bid item #2,

6. Sludge and Trash Disposal
Sludge Disposal
The compensation for transportation and disposal of sludge shall be on a dry ton basis. The Contractor shall perform a Percent Total Solids test on each truckload of sludge. To perform the test, a representative composite grab sample will be composed from 3-grab samples from each load. The composite sample will be weighed wet, dried for one hour, cooled off then weighed again. The difference in weight represents the Percent Total Solids. Random samples shall be split between the contractor and the City of Santa Cruz. Each party will dry the sample to determine truck moisture content. Sample results will be compared, and a moisture content of the truck will be agreed upon. The weight of each truck and truck load will be noted. The weight of material hauled times the Percent Total Solids will be used to calculate the amount of dry tonnage hauled.

The Contractor shall transport the sludge directly from the Wastewater Treatment Facility to the designated disposal site. Under no circumstances shall the contractor be allowed to make any additional stops in transit to the disposal site to haul any payload other than the sludge. The contents of the hauling units may be checked at the disposal site for conformance with the manifest that shall accompany each load to the disposal site. Trucks must be washed after disposal.

The City currently contracts with Denali Water Solutions of 369-B Third Street #339, San Rafael, CA 94901, contact Ralph Giglio, [email protected], for biosolids disposal.

19.54 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
52 All processed bio-solids must be removed from the WWTF the same day as processing.

Trash Disposal
Solids that pass the paint filter test may also be taken to the City Resource Recovery Facility at 605 Dimeo Ln. Santa Cruz, CA 95060. A trash dumpster for non-sludge screenings may be arranged by calling City of Santa Cruz Customer Service at (831) 420-5220.

The compensation for transportation and disposal of trash shall be on a dry ton basis.

All solids that pass the paint filter test must be removed from the WWTF by the end of the day. --
Payment for Sludge and Trash Disposal and all costs therefore shall be included in the contract unit price paid per DRY TON for “Provide all transportation and disposal of sludge.” in bid item #3 and in the contract unit price paid per DRY TON for “Provide all transportation and disposal of trash.” in bid item #4

7. Grit Tank Cleaning and Debris Disposal
The Contractor shall clean all debris from inside of the south grit tank and hydrowash the interior of the grit tank. The Contractor shall comply with all OSHA confined space requirements. The City will provide source for process water. Materials to be disposed of must pass paint filter test prior to transportation to landfill. The City will pay tipping fees and will prepare the grit tank prior to the cleaning.

The interior of the south tank is 80 feet long and 28 feet wide with a depth of 18’ Payment for Sludge and Trash Disposal and all costs therefore shall be included in the contract unit price paid per LUMP SUM for “Grit Tank cleaning and debris disposal.” in bid item #5.

8. Payment
Final payment shall include compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

9. Submittals
The Contractor shall submit a scope of work to the Engineer for approval prior to cleaning to include the following:

1. Processing method

19.55 WASTEWATER TREATMENT FACILITY DIGESTER 1 CLEANING PROJECT NO. c401607
53 a. A description of process to be used.
b. A description of the the equipment to be used.
c. An estimated quantity of sludge to be processed.
d. An estimated quantity of any wastewater byproduct that will be generated. e. Manufacturer’s product specification foal l chemicals to be used.

2. Hauling equipment to be used.

3. Identify the disposal facility

4. Project schedule; include daily schedule and total length of time required

5. Contractors Injury and Illness Prevention Program (IIPP). The IIPP shall be in sufficient detail to include all aspects of health and safety that may be anticipated by the scope of work.

19.56 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Public Works
SUBJECT: Award Contractor for Solar PV Expansion at the Corp Yard (c101901) ABB EV Chargers – Budget Adjustment (PW)
RECOMMENDATION: Motion to:
1) Award a contract for the purchase of ABB EV (electric vehicle) Chargers from EV Connect Inc, (Lake Forest, CA) in the amount $959,951.75; and
2) Adopt a resolution amending the FY 2024 budget and appropriate funds in the amount of $647,929.39 from the California Energy Commission for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).

BACKGROUND: In April 2022, the City of Santa Cruz (City) entered into an agreement with PG&E’s EV Fleet Electrification program, a crucial component of the infrastructure necessary for the transition to electric vehicles. PG&E covers everything To-The-Meter (TTM), the installation of the conductors and a 480V transformer, while the City covers everything BehindThe-Meter (BTM), including the Service Panel, Chargers, Medium and Heavy Duty (MD/HD) vehicles, Engineering/Design, and equipment installation. This grant provides funding for 67% of the charger costs, representing a substantial fulfillment of our PG&E Fleet Ready commitment.

DISCUSSION: At its April 2022 meeting, City Council adopted Resolution NS-29,961 authorizing the City to apply for and accept funding from the California Energy Commission (CEC). The CEC EnergIIZE Commercial Vehicles Jump Start program has conditionally granted $647,929.39 for the acquisition of seven EV DCFC units for the Corp Yard MD/HD project. The City having received one of the highest scores in the competitive grant process, was awarded close to the program's maximum limit of $750,000.

This grant is designed to encourage early adoption of EV technology in anticipation of mandatory regulations. Specifically, the Advanced Clean Fleet rules require that 50% of all new vehicle purchases in 2024 must be zero-emission vehicles (ZEV) or near zero-emissions (NZEV), increasing to 100% by 2027. This grant, coupled with the MD/HD Fleet Ready Program, establishes the infrastructure for transitioning to ZEV. Public Works having started this project several years ago, puts the City in a strong position to meet both State and Federal mandatory regulations because the City secured the utility infrastructure upgrades and was awarded substantial grant funds. The targeted completion date for the project is December 2024.

20.1 ABB chargers, meeting the mandatory requirement on the pre-approved list for both the Jump Start Grant and PG&E's Fleet Ready Program, adhere to the EV charging equipment criteria outlined by the California Energy Commission and the PG&E Fleet Ready Program rules.

Recognized as the gold standard for DCFC charging, ABB stands out for its global deployment and reliability, supported by features such as water cooling and robust cabling capable of handling the energy loads required. Given the inclusion of refuse trucks, dump trucks, and other heavy and medium-duty vehicles in City operations, reliability and customer support are prioritized.

The procurement of ABB chargers from EV Connect (Sourcewell Contract #042221-EVC) conforms with Section 3.08.170 of the Municipal Ordinance. Sourcewell, a collective purchasing process, streamlines procurement by leveraging the combined purchasing power of 50,000 government agencies, ensuring the lowest price through competitively solicited contracts.

FISCAL IMPACT: The Jump Start grant is a reimbursement and covers 67% of the charger costs. The City's contribution of $312,022.36, to fully fund the purchase of the ABB EV Chargers is in project c101901, Solar PV Expansion at Corp Yard. There is no impact to the General Fund. The City anticipates $25,000 annually in additional income through Low Carbon Fuel Standard (LCFS) credits generated at the Corporation Yard. .

Prepared By:

Andy Shatney
Energy Projects Coordinator
Filipina Warren
Public Works Operations
Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. RESOLUTION NS-29,961.PDF

3. JUMP START CONDITIONAL AWARD.PDF

4. SOURCEWELL QUOTE.PDF

20.2 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
12/14/2023
The CEC EnergIIZE Commercial Vehicles Jump Start program has conditionally granted $647,929.39 for the acquisition of seven EV DCFC units for the Corp Yard MD/HD project. In April 2022, City Council adopted Resolution NS-29,961 authorizing the City to apply for and accept funding from the California Energy Commission (CEC). This grant is designed to encourage early adoption of EV technology in anticipation of mandatory regulations.
311-40-00-9410-43266 c101901-216-1174-0 State capital grants - CEC 647,929 Solar PV Expansion at Corp Yard
647,929
311-10-00-9410-57290 c101901-100-2020-0 Other building costs 647,929 Solar PV Expansion at Corp Yard
647,929
0 Christin
a Alberti
Digitally signed by
Christina Alberti
Date: 2023.12.15
11:58:42 -08'00'
2023.12.15
12:51:54
-08'00'
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2023.12.21
14:25:58 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.12.21 15:21:08 -08'00'

20.3 20.4
EnergIIZE Commercial Vehicles Project
Step 2: Provide Supporting Documents

NOTICE OF CONDITIONAL AWARD
Dear EV Jump Start,
Congratulations! This email serves as notice that your EV Jump Start funding lane application has been reviewed for completeness. As this is a competitive funding lane, all applications were scored using the Scoring Rubric found within the Energy Infrastructure Incentives for Zero-Emission (EnergIIZE) Commercial Vehicles Project Implementation Manual. Your application received one of the top scores, and incentives have been set aside for your infrastructure project. Please consider receipt of this email your notice of conditional award. You have been conditionally approved for the following amount:
$647,929.39.

Attached you will find the following helpful documents as you prepare for the next step in the EnergIIZE process:
a) Application Instructions – this document explains Step 2 and provides a full list of required documentation.
b) IPC Step 2 Guide – this document guides the applicant through Step 2 in the IPC. c) Applicant Signs EnergIIZE Agreement – In Step 1, it is the participant’s responsibility to read and understand the EnergIIZE Sample Terms and Conditions. A signed copy of the Agreement, including Terms and Conditions is required to enter Step 2, if the Applicant is awarded. a. EVITP and Prevailing Wages Self-Attestation – this document directly addresses the project’s EVITP and Prevailing Wage requirements outlined in the EnergIIZE Implementation Manual.
d) Sample Site Plan – this document is a sample site plan for instructional purposes only.

20.5 2 | Page
Please note, this is a conditional award because payment will not be remitted until Step 3 after we receive additional documentation about your project. EnergIIZE will only issue payments (reimbursement) for eligible costs up to the conditional award amount. Please reference a recording of the EV Jump Start Year 2 Application Process Workshop for more information on the entire application process. Additional information is also available on the EnergIIZE website.

Thank you again for your submission and commitment to zero- emission vehicles.

Sincerely,
The EnergIIZE Team

20.6 Site Name
What is your business or location name?
Site Contact Name
Who should we contact on-site?
Site Contact Phone
Site Contact Email
Full Site Address
1234 Street. City, State Postal Code
Full Shipping Address*
1234 Street. City, State Postal Code
*If different than Site Address
This Sales Order (“Sales Order”) is dated as of the latest date set forth under the signatures below and is between EV Connect, Inc. (“EVC”) and the undersigned buyer (“Buyer”) for the sale of electric vehicle supply equipment described below (“EVSE”) and subscription(s) to the EVC Service.

EVC
Company Name: EV Connect Inc.

Blling Address: 26521 Rancho Parkway S
Lake Forest, CA 92630
Billing Phone: (888) 780-0062
Buyer
Company Name: City of Santa Cruz
Billing Address: 809 Center Street
Santa CruzCalifornia95060
Billing Phone: 831 420 5230
To ensure our Deployment Team can follow up with you post-sale, please fill out the below details surrounding the location of your stations, and who we should contact with any questions:

Additional Project Notes:

Pricing in accordance with Sourcewell Contract #042221-EVC This quote does not include electrical infrastructure. EV Connect will need to perform a site inspection to moreaccurately determine these costs if required.

ABB Warranty - Parts and Labor, 5 years - included.

ABB Shipping and Terra 184 Commissioning is Open Market pricing.

EV Connect remote commissioning included in quote; cost waived for multi-year susbcriptions.

EV Connect DCFC remote commissioning requires site host to provide compatible electric vehicle onsite at the time of commissioning.

If one will not be made available by the site host, EV Connect canprovide on-site commissioning service for an additional one-time fee.

EV Connect can hold shipment for 30 days, after which time, Santa Cruz shall receive the material. If Santa Cruz cannot receive shipment on the date specified, EV Connect will store materials at an offsite warehouse at a cost of $1,200.00 per month. The cost to reship materials will be dependent on freight costs at that time of shipment. Santa Cruz may be required to pay an additional insurance fee while EV Connect is in possession ofthe materials.

20.7 Item Quantity Price Total
ABB - DCFC - Terra 124/184 - Commissioning
6AGC117534
7 $2,500.00 $17,500.00
ABB - DCFC - Terra 184 - 180kW - Dual Port - CCS1/CCS1 - 400A Cables 6AGC100820
7 $93,177.00 $652,239.00
ABB - Shipping - Charger - DCFC - T194/T124/T184
Freight T94/T124/T184
7 $2,600.00 $18,200.00
ABB - Warranty - Parts and on-site labor extended warranty per Terra 184 unit - 5 years total (Cost
6AGC084277
7 $16,943.51 $118,604.57
ABB - Add-on - DCFC - Terra 124/184 - Cable Management Solution - Dual Left - CCS/CCS (ORDER TR40025
TL40025683819003
7 $1,994.00 $13,958.00
ABB - Shipping - Add-On - DCFC - T194/T124/T184 Cable Management Freight T94/T124/T184 Cable Management
7 $325.00 $2,275.00
ABB - Add-on - DCFC - Terra 124/184 - Cable Management Solution - Dual RightCCS/CHAdeMO (ORDER TL TR40025683819003
7 $1,994.00 $13,958.00
ABB - Shipping - Add-On - DCFC - T194/T124/T184 Cable Management Freight T94/T124/T184 Cable Management
7 $325.00 $2,275.00
ABB - Add-on - DCFC - T54/T124/T184 - Metal Foundation
2CEB489802R0003
7 $2,046.00 $14,322.00
EVC Network Cloud Subscription - DCFC - Dual Port - 5 Year EVCNCSDCFCD5Y
7 $3,130.40 $21,912.80
EVC Network Cloud Subscription - DCFC - Fleet Add On - 5 Year EVCNCSDCFCFLE5Y
14 $245.00 $3,430.00
EVC - DCFC - Remote Charge Station Commissioning & On-boarding

EVCDCRCON
1 $0.00 $0.00
On-site commissioning fee per unit.
↳
Shipping is estimated at the time of sale. EVC reserves the right to update shipping pricing and transit commitments as supply chain and market conditions change. ↳
Shipping is estimated at the time of sale. EVC reserves the right to update shipping pricing and transit commitments as supply chain and market conditions change. ↳
Shipping is estimated at the time of sale. EVC reserves the right to update shipping pricing and transit commitments as supply chain and market conditions change.

Optimize delivers a premium driver experience at a lower total cost of ownership Key Features Include: -Easy station access management -Flexible pricing plans -Roaming interoperability with Chargepoint and Shell -Energy management -Driver reservations -Monthly bundled payments - eVouchers and other business offers -Comprehensive reporting -Proactive station health monitoring with automatic support ticket creation -24/7 driver phone support -iOS/Android Highly-rated Driver Mobile App
Fleet: Optimizes fleet readiness and costs integrating vehicle and fleet data. Includes Depot Dashboard with real-time operational information per connector and alerts and notifications. Includes Advance Energy Management features such as electricity cost tracking, station load limits and balancing, scheduled charging, charging optimization software (beta). Includes Fleet vehicle management and fleet integrations with vehicle telematics for charging optimization and fleet reporting. Includes Quarterly detailed station review, Station Remote Monitoring and Technical Support, Driver Mobile App and 24/7 Driver Support.

Reference: #2698
Quote Created: 12/13/2023
This quote is valid for 30 days.

20.8 Total $878,674.37
Remote configuration of stations with preferred pricing policies and access controls, provide admin access to web based EVC portal, activate cellular data plan, set station hours of availability and pricing policies via EVC App, set stations to Private or Public and add to PlugShare network if requested
Purchase terms
Taxes will be calculated at billing when applicable
25% of one-time cost is billed at execution
75% of one-time cost is billed at shipment
All remaining items billed at project commissioning
Purchasing Terms Subject to Change based on Program Requirements.

EVC reserves the right to update shipping pricing and transit commitments as supply chain and market conditions change.

20.9 The standard Terms and Conditions of Sale (“Terms & Conditions”) attached to this Sales Order are hereby incorporated into this Sales Order. This Sales Order is limited to, and expressly conditioned upon, acceptance in full of the Terms & Conditions. This Sales Order constitutes an offer to sell by EVC and not an acceptance of any offer to purchase received from buyer. EVC does not agree to any proposed additions, alterations or deletions to this Sales Order by buyer. This Sales Order may be varied only by a writing signed by an Authorized Representative of EVC. If buyer uses its own form or any other form to accept this Sales Order, such form shall be deemed to be used for convenience only and it will be of no force or effect. Buyer’s acceptance of the EVSE and/or the EVC service will be deemed an acceptance of this Sales Order.

This Sales Order is subject to that certain Online Master Services Agreement locatedhere (the “Online MSA”), which online MSA is hereby incorporated into this Sales Order. Any capitalized terms used, but not defined, in this sales order will have the meanings set forth in the online MSA.

The Quote is an exhibit to this Sales Order and is hereby incorporated into this Sales Order. Buyer agrees to pay the Fees set forth in such Quote on the payment terms set forth in such Quote.

The Initial Term of any Service listed in the Quote is set forth in the Quote, which Initial Term may be renewed as set forth in the Online MSA.

If any EVSE listed in the Quote (“Original EVSE”) becomes unavailable or if the pricing for the Original EVSE increases for any reason, EVC may replace such Original EVSE with substantially similar EVSE (“Replacement EVSE”) that will not materially and negatively impact a driver’s charging experience or installation costs and will cost the same or less than the Original EVSE; provided, however, if the Replacement EVSE costs more than the Original EVSE, EVC may substitute the Original EVSE with the Replacement EVSE upon the Subscriber’s written consent (e-mail being sufficient).

1. Delivery and Risk of Loss; All EVSE will be delivered to Buyer at Buyer’s address located on the Sales Order. Buyer assumes all risk of loss with respect to EVSE, and title to the EVSE passes when the EVSE arrives at Buyer’s address. EVC may use any method of shipment in its discretion. All shipping charges will be set forth in the Sales Order and will be paid by Buyer. EVC will use commercially reasonable efforts to ensure that EVSE manufacturers deliver EVSE in accordance with this Sales Order. Buyer may not cancel an order or receive a refund of any amounts paid after EVC and Buyer execute the Sales Order.

2. Warranties; EVC hereby conveys to Buyer any and all right, title, and interest in and to any warranties provided by the applicable manufacturer(s) of the EVSE to EVC upon EVC’s purchase of the EVSE (the “Warranties”). Buyer has determined that EVSE conforming to such Warranties will satisfy its contemplated use of the EVSE. Buyer’s exclusive remedy for breach of the above warranty above is that EVC, at its option, will use commercially reasonable efforts to get the applicable manufacturer of EVSE to (i) repair or replace the non-conforming EVSE or (ii) provide a credit to Buyer for the purchase price of the non-conforming EVSE, in each case provided Buyer returns the EVSE to EVC upon EVC’s request. Buyer waives all rights of offset.

3. Remedies; If Buyer breaches any of its obligations hereunder, EVC may (a) suspend delivery of EVSE, (b) declare any unpaid balance immediately due and payable, (c) repossess the EVSE or any part thereof, and/or (d) exercise all other rights and remedies at law or in equity.

Buyer will reimburse EVC for all costs and fees incurred to collect amounts owed hereunder, including, without limitation, reasonable attorney’s fees. Buyer hereby irrevocably appoints EVC as the Buyer’s lawful attorney-in-fact to execute and file all documents necessary or desirable to effectuate the purposes of this Section, including the filing of a UCC-1.

4. Entire Agreement; This Sales Order constitutes the entire agreement between the parties with respect to the subject matter hereof. This Sales Order supersedes all prior agreements or representations, oral or written, regarding such subject matter, including, without limitation, any purchase orders or other business forms drafted by Subscriber, whether or not signed by EVC, which are hereby terminated and of no further force or effect. Except for the purpose of negating implied warranties, no course of prior dealings between the parties and no usage of the trade will be relevant to supplement or explain any term used in these Terms & Conditions.

5. Conflicts; In the event of a conflict between these Terms & Conditions and the other part(s) of the Sales Order, the other part(s) of the Sales Order will control. In the event of a conflict between the Sales Order and the Online MSA, the Sales Order will control.

6. Amendments; No amendment to the Sales Order will be of any force or effect unless signed by an officer of EVC.

20.10 Andy Shatney
Energy Project Coordinator
Title
City of Santa Cruz
Company Name Date
Buyer may accept EVC’s offer to sell the EVSE by (1) countersigning this Sales Order below, (2) instructing EVC to fill the order, or (3) accepting delivery of the EVSE.

EV Connect, Inc. Buyer Name

20.11 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Public Works
SUBJECT: Police Department Roof Restoration, Phase 2 – Award Contract (PW) RECOMMENDATION: Motion to award a contract with Tremco Inc. (Foster City, CA) for the restoration of the Police Department roof in the amount of $152,943. 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: In 2022, Phase I restoration of the Police Department’s main roof was completed with a polyurethane technology to waterproof and extend the life of the original roof of the building. It is now time for Phase II restoration to occur to the roofing system over remaining roof areas, not addressed by Phase I. Although the roof is functioning, it has reached the end of its designed life.

DISCUSSION: Restoration on the roof will include an AlphaGuard MTS polyurethane technology to allow for an updated waterproofing system. It has been designed and tested to provide decades of waterproofing performance, and extends the life of the existing roof and includes a 20-year warranty. The work will occur on the existing roof level of the Police Department and with less operational disruptions while restoration is in progress.

The roof restoration quote is an Omnia Partners cooperative purchasing agreement CPN Contract #R180903-CA-319074. Section 3.08.170 of the Municipal Ordinance allows the City to use cooperative purchasing agreements when feasible. The City of Santa Cruz (City) is one of over 234,000 active participants of Omnia Partners (formerly National IPA and U.S. Communities).

The collective buying power of these unified purchasing cooperatives delivers superior value and savings for public agencies nationwide. Omnia Partners conducts national competitive solicitations for common products and is able to obtain greater discounts that the City could obtain on its own.

FISCAL IMPACT: The price of restoring the roof level over Phase II areas at the Police Department’s building is $152,943. Funds are available in the FY 2024 Public Facilities Maintenance project m609195.

Prepared By:

Filipina Warren, Public Works
Operations Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROPOSAL.PDF

21.1 An Affiliate Company of Tremco C.P.G.

December 12, 2023
Dan Himan
City of Santa Cruz
1125 River Street
Santa Cruz, CA 95060
Re: PD Roof Restoration Phase II
Dear Mr. Himan,
Thank you for the opportunity to submit our proposal for the second phase of the roof restoration project at the City Police Department. As you are aware, the existing roof is original to the building and while still functioning, it is approaching the end of it’s designed life span.

The restoration we are proposing for this roof utilizes the latest in polyurethane technology.

AlphaGuard BIO is a two part, bio-based, polyurethane waterproofing system that offers excellent performance and is very low odor. It was designed and tested to provide decades of waterproofing performance and will extend the life of the existing roof for another 20+ years; all without the disruptions typical of tear-off and replacement.

Designated Roof Levels / Work Area:

Our scope of work consists of the following:
• Remove and dispose of (e) walk-pads.
• Watertest all roof drains and notify City of any obstructions found. • Pressure wash roof to remove residual dirt and debris. (A water source within 200 feet of the roof will be required)

21.2 An Affiliate Company of Tremco C.P.G.
• Load materials onto the roof utilizing a crane.
• Install AlphaGuard BIO Basecoat at 4 gallons per square (64 dry mils) to field and flashings and embed 1 layer polyester.
• Install AlphaGuard BIO Topcoat at 2 gallons per square (32 dry mils) to field and flashings.
• Install slip resistant walk-way from the roof hatch to serviceable units. • Remove and temporarily relocate all blocking to allow for installation of system underneath. Upon cure, re-install blocking.
• Remove and reuse existing sheet metal skirt flashing as needed to install system.

The costs for the proposed solution including bonds and prevailing wage/living wage rates is $152,943.60 as outlined on the attached Omnia Partners Proposal.

Exclusions: Mechanical, electrical, plumbing, ACM removal, carpentry, evening/weekend or holiday work, external stair tower, permits.

Inclusions: Prevailing wage and Living wage rates, bonds.

The anticipated project duration is 20 working days. Upon completion, the roof will be warranted against leaks for another 20-year period through Tremco’s 20 year QA warranty program.

Thank you again for your continued partnership. We look forward to making this a successful project for you and the City.

Regards,
Dan Lajeunesse
Sr. Field Advisor
Tremco, Inc.

Sal Salem
Field Advisor
Tremco, Inc.

21.3 WEATHERPROOFING TECHNOLOGIES, INC.

CPN CONTRACT # R180903-CA-319074
Effective Date: 10/01/2021

CONFIDENTIAL
Name CITY OF SANTA CRUZ
Description POLICE DEPARTMENT HQ ROOF RESTORATION
Quote # 5059842
Date 12/11/2023
Line Item # Description Unit of Measure Unit Price Quantity Project Amount
2 Pressure cleaning, horizontal surfaces SF $ 0.48 5,815 $ 2,791.20 VA 187 A two part, bio-based, polyurethane roof coating system SF $ 12.31 5,815 $ 71,582.65 SUBTOTAL $ 74,373.85
VA 166 Multiplier - roof size is greater than 3K SF; but less than 7K SF 2.01 $ 149,491.44 VA254 10 year Restoration Warranty Under 10,000 Square Feet, Standard EA $ 800.00 1 $ 800.00 VA254 10 year Restoration Warranty Under 10,000 Square Feet, Standard EA $ 800.00 1 $ 800.00 FREIGHT PREPAID & ADD: $ 864.45
SUBTOTAL $ 151,955.89
57b Performance and payment bond - bonding rate (percent of project) Percent 0.65% $ 987.71 TOTAL PROJECT COST $ 152,943.60
*The pricing contained in this proposal is based in part on site-specific conditions and unique circumstances presented on each individual project as per Contract #180903.

This price is valid for 60 days. After that time, project conditions are subject to reassessment.

21.4 City Council

AGENDA REPORT
DATE: 12/19/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Water
SUBJECT: Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-24, 072-152-07, and 072-174-02, Owned by Lynn Weissbart, Hai & Nga Nau, and Hien Nguyen, and Nelson Chen, Respectively (WT) RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Lynn Weissbart for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 071-081-24 for the Brackney Landslide Area Pipeline Risk Reduction Project,
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Hai & Nga Nau, and Hien Nguyen for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 072-152-07 for the Brackney Landslide Area Pipeline Risk Reduction Project, and
3) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Nelson Chen for the easement located in Felton, CA. near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement on APN 072-174-02 for the Brackney Landslide Area Pipeline Risk Reduction Project.

BACKGROUND: The City of Santa Cruz Water Department (SCWD) developed the Brackney Landslide Area Pipeline Risk Reduction Project (Project) to improve the reliability of water supply infrastructure for the City of Santa Cruz (City). The Newell Creek Pipeline (NCP) is a critical component of the City’s water supply infrastructure that transports water from the Loch Lomond Reservoir to the City’s Graham Hill Water Treatment Plant.

With the Project, the City plans to replace a section of the NCP. Specifically, the Project will construct approximately 2,700-linear feet of new, re-aligned pipe between Brackney Road and Glen Arbor Road. This re-alignment will replace the existing pipeline, which is at the end of its useful life, and relocate the pipeline so it is protected from future landslide and geological movements.

22.1 DISCUSSION: To complete the Project, the City must purchase easements on multiple properties (APN 071-081-24, 072-152-07, and 072-174-02) from its owners (Property). The properties consist of ranges of vacant, unbuildable land, buildable land, and occupied lots in Felton, CA.

The City requires the Property outright so that it can construct and maintain the Project’s pipeline component of the Project, which will run the length of the Property, and connect the pipeline to SCWD’s existing Graham Hill Water Treatment Plant and Loch Lomond Reservoir.

The title report indicates that the Property is owned by Lynn Weissbart, Hai & Nga Nau, and Hien Nguyen, and Nelson Chen (Owners).

The City contracted with Integra Realty Resources (Integra), a full-service independent appraisal firm, to determine the fair market value of the Property. Based on Integra’s appraisal, the City prepared and sent out formal offer letters to the Owners shown on the table below.

Owner Formal Offer
Letter
Presented
Date
Appraised (Just
Compensation)
Value ($)
Signed
Agreement Date
Lynn Weissbart (APN 071-081-24) 9/15/23 $7,260 12/1/23
Hai & Nga Nau, and Hien Nguyen
(APN 072-152-07)
9/18/23 $1,000 11/30/23
Nelson Chen (APN 072-174-02) 9/12/23 $4,000 12/29/23
On 11/30/23, 12/1/23 and 12/29/23 the parties reached an agreement on the sale and purchase of the Property for values shown in the table above and outlined in the attachments.

FISCAL IMPACT: The total for these purchase sale agreements is $12,260. Funds are available in the Water Department Capital Investment Program, project c702002 for the Brackney Landslide Area Pipeline Risk Reduction Project.

Prepared By:

Sam Humy
Deputy City Attorney
Submitted By:

Rosemary Menard
Water Department Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION FOR APN 071-081-24.DOC

2. RESOLUTION FOR APN 072-152-07.DOC

3. RESOLUTION FOR APN 072-174-02.DOC

4. PURCHASE AGREEMENT FOR APN 071-081-24.PDF

5. PURCHASE AGREEMENT FOR APN 072-152-07.PDF

6. PURCHASE AGREEMENT FOR APN 072-174-02.PDF

22.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND LYNN WEISSBART FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN BRACKNEY ROAD AND SAN LORENZO WAY FOR A PERMANENT EASEMENT ON APN 071-081-24
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Lynn Weissbart to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 071-081-24, from Lynn Weissbart, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 9th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

22.3 22.4
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND HAI & NGA NAU, AND HIEN NGUYEN FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN BRACKNEY ROAD AND SAN LORENZO WAY FOR A PERMANENT EASEMENT ON APN 072-152- 07 WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Hai & Nga Nau, and Hien Nguyen to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-152-07, from Hai & Nga Nau, and Hien Nguyen, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 9th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

22.5 22.6
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND NELSON CHEN FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND BRACKNEY ROAD FOR A TEMPORARY EASEMENT ON APN 072-174-02
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Nelson Chen to purchase a temporary easement for construction of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-174-02, from Nelson Chen, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 9th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

22.7 22.8

22.9 22.10

22.11 22.12

22.13 22.14

22.15 22.16

22.17 22.18

22.19 22.20

22.21 22.22

22.23 22.24

22.25 22.26

22.27 22.28

22.29 22.30

22.31 22.32

22.33 22.34

22.35 22.36

22.37 22.38

22.39 GRANTOR: HAI NAU AND NGA NAU, HUSBAND AND WIFE AND HIEN NGUYEN, AS TENANTS

IN COMMON
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-152-07
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

GRANTOR: Hai Nau and Nga Nau, husband and wife and
Hien Nguyen, as tenants in common
Date:

Date:

Date:

GRANTEE: City of Santa Cruz, a public agency
By: -------------
Matt Huffaker
City Manager
ATTEST:

City Clerk

APPROVAL AS TO FORM
Office of the City Attorney
Date:
8 -----------

22.40 22.41

22.42 22.43

22.44 11

EXHIBIT C
Permanent Pipeline Easement Deed
(See attached)

22.45 RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

GRANT OF EASEMENT DEED
(PIPELINE)
Title Order No. 2202068542-PL
Escrow No.

Parcel No. 072-152-07
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Hai Nau and Nga Nau, husband and wife and Hien Nguyen, as tenants in common (“Grantor”) Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A permanent, perpetual and non-exclusive pipeline easement (the “Permanent Easement”), including the right to ingress and egress for the purpose of constructing, operating, inspecting, maintaining, and replacing the water pipe and related appurtenances in connection with the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”), across, over, under, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-152-07 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”). The Permanent Easement is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference, to facilitate the Project, as defined herein.

22.46 A. Grantee’s Rights. To accomplish the purpose of this Permanent Easement, Grantor hereby grants and conveys the following rights to Grantee:

1. To implement the Project, including but not limited to, apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement from all applicable governmental or regulatory entities, and to do those things on the Permanent Easement that, in the sole opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project and any other lawful use of the Permanent Easement, all at Grantee’s expense. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals;

2. To access the Permanent Easement at reasonable times in order for Grantee and its employees, agents, contractors, engineers, and surveyors to inspect, conduct, perform and examine soil borings, drainage testing, environmental sampling, surveys and other geological or engineering tests or studies necessary to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement;

3. To prevent any activity on or use of the Permanent Easement that is not reserved herein and is inconsistent with the purpose of this Permanent Easement and to require the restoration of such areas or features of the Permanent Easement that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the Permanent Easement by Grantor not reserved herein that is inconsistent with the purpose of this Permanent Easement;

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this Permanent Easement.

B. Prohibited Uses. Except as provided herein, any activity on or use of the Permanent Easement that is inconsistent with the purpose of this Easement Deed is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, its respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited within the Permanent Easement:

1. Residential, commercial, retail, institutional, or industrial uses;

2. Any legal or de facto division, subdivision, or partitioning of Permanent Easement;

3. Construction or placement of any building, wireless communication cell tower, or any other structure or improvement;

4. No street, road or other paved area shall be constructed over the Permanent Easement to a grade less than five feet above the top of the Project’s pipeline located within the Permanent Easement. Fill shall not be placed or maintained over the surface of the ground as it shall exist within the Permanent Easement upon completion of construction greater than 3 feet in depth;

5. Dumping soil, trash, ashes, refuse, waste, bio solids, garbage, or any other material;

6. Creation of any encumbrance superior to this Permanent Easement, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the Permanent Easement that Grantee determines, in its sole discretion, will affect Grantee’s uses of the Permanent Easement for the purposes of operating or maintaining the Project; and

22.47 7. Any and all other activities and uses of the Permanent Easement that would adversely affect the realization of the purpose of this Permanent Easement.

C. Reserved Rights. Grantor and Grantee expressly acknowledge that this Permanent Easement creates no restrictions on activities undertaken on property adjacent to the Permanent Easement, Grantor reserves all rights accruing from their ownership of the Permanent Easement, including the right to engage in or to permit or invite others to engage in those uses of the Permanent Easement that are authorized by and consistent with this Permanent Easement.

D. Fee Ownership and Responsibilities.

1. Grantor, their successors, and assigns retain all responsibilities and bear all costs related to the fee ownership of the Property, including the area of the Permanent Easement. Grantor agrees Grantee shall not have any duty or responsibility for monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Permanent Easement area provided, however, that Grantee shall indemnify Grantor against liability arising from the use of the Permanent Easement by Grantee, its officers, employees, agents, or invitees.

2. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs, arising from the negligence, recklessness, or willful misconduct of Grantee, its employees, agents, and consultants for actions related to the construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

No building or structure of any kind shall be constructed upon the Permanent Easement, and should a building or structure be erected in violation of this provision, Grantee and its successors and assigns may still exercise all rights herein granted and shall have the right to remove, or cause Grantor to remove, at Grantor’s expense, any such building or structure. Subject to the foregoing, Grantor hereby reserves, for themselves, their successors and assigns, the right to use the surface of the Permanent Easement for all uses not in conflict with Grantee’s use of the Permanent Easement for the Project.

3. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Permanent Easement area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant of Easement Deed.

4. At the completion of construction, Grantee shall remove any construction equipment and materials from the Permanent Easement area and restore the Permanent Easement area to the condition it was in on the date and time of the beginning of construction except normal wear and tear.

This grant of easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

22.48 IN WITNESS WHEREOF, the parties have executed this Grant of Easement Deed, effective as of , 20__.

GRANTOR:

Hai Nau and Nga Nau, husband and wife
and Hien Nguyen, as tenants in common
Date:___________________ By:______________________________ Hai Nau
Date:___________________ By:______________________________ Nga Nau
Date:___________________ By:______________________________ Hien Nguyen
GRANTEE:

CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

22.49 22.50
Exhibit 1
Property Legal Description
Lots 1, 2 and 3, Block 1, of Block of Ordway Tract Subdivision, Santa Cruz County, California, filed on May 5, 1909 in Book 16 of Maps, Page 11, Santa Cruz County Records.

Excepting therefrom the Subsurface mineral rights, whether solid, liquid or gaseous, including but not limited to oil, gas and hydrocarbon substances and water, located beneath a depth of 100 feet below the surface (but without right to surface entry).

APN: 072-152-07

22.51 Exhibit 2
Permanent Easement Legal Description and Plat Map
(See attached)

22.52 PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands conveyed to Hai Nau and Nga Nau by deed recorded on March 21, 1990, in Volume 4647, Page 844, Official Records of Santa Cruz County, said portion being described as follows:

BEING all that portion of Lots 1, 2 and 3, Block 1, of Block of Ordway Tract Subdivision, Santa Cruz County, California, filed on May 5, 1909 in Book 16 of Maps, Page 11, Santa Cruz County Records, lying southwesterly of the following described line:

BEGINNING at a point on the eastern boundary of said Lot 1, from which the southernmost corner thereof, on the northeasterly line of a former railroad right of way, bears South 01°29'03" West a distance of 12.99 feet, and said point having coordinates of N 1,852,433.64, E 6,100,718.785; thence North 28°41'13" West, a distance of 153.55 feet, to a point on the southwestern line of said Lot 2, having coordinates of N 1,852,433.64, E 6,100,718.785.

CONTAINING 664 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-152-07
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

22.53 22.54

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Easement Deed dated as of ____________________, 20__, from Hai Nau and Nga Nau, husband and wife and Hien Nguyen, as tenants in common (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-152-07

22.55 1
GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02

PURCHASE AGREEMENT
The Purchase Agreement (“Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Nelson K. Chen, as his separate property herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell a Temporary Construction Easement between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at East side of Fremont Avenue, South of Oak Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-174-02 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A Temporary Construction Easement (the “TCE”) in, on, and over a 8,115 square foot portion of the Property for construction of the NCP Project and NCP, associated with providing a ground surface workspace during construction, along with the rights of vehicular ingress and egress thereto, in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B, attached hereto and incorporated herein by reference.

22.56 2
GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02

AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the Temporary Construction Easement to GRANTEE, and GRANTEE agrees to buy the Temporary Construction Easement from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Temporary Construction Easement to be paid by GRANTEE is the sum of FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) (“Purchase Price”).
(B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Temporary Construction Easement is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the Temporary Construction Easement as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the Temporary Construction Easement Deed is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date.
a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

22.57 GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged, therefore. GRANTEE shall pay for recording the Deeds and any
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the Temporary Construction Easement in substantially the form attached hereto as Exhibit C and incorporated herein by this reference (the “Temporary Construction Easement Deed”) duly executed and acknowledged by GRANTORS, granting, and conveying the Temporary Construction Easement to GRANTEE.
g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

22.58 GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the Temporary Construction Easement solely for the purpose of making inspections and other pre-construction examinations of the Temporary Construction Easement area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the Temporary Construction Easement solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the Temporary Construction Easement and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools and equipment from the Property.

22.59 GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the Temporary Construction Easement and that they have the exclusive right to grant these rights.
b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Temporary Construction Easement to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the Temporary Construction Easement herein contemplated, does not require the consent of any party not a signatory hereto. c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the Temporary Construction Easement solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express or implied, have been made by GRANTOR, except as provided above.
b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the Temporary Construction Easement in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement. b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs, successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the Temporary Construction Easement and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

22.60 GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02
6 14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the Temporary Construction Easement area. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris, or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the Temporary Construction Easement by eminent domain litigation. The Purchase Price for the Temporary Construction Easement and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the Temporary Construction Easement or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the Temporary Construction Easement by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR:

GRANTEE:

Nelson K. Chen
152 Robinhood Drive
San Francisco, CA 94127
City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.

22.61 GRANTOR: NELSON K. CHEN, AS HIS SEPARATE PROPERTY PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-02
7 b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the Temporary Construction Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. 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.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

Signature Page To Follow

22.62 22.63
9 EXHIBIT A
Property Legal Description
Lots 1, 2, 3 and 4, in Block 17, as said Lots and Block are shown on the map entitled, "Subdivision of the Ordway Tract, Part of Section 9, T. 10 S., R. 2 W.", filed for record May 9, 1909 in Map Book 16, at Page 11, Santa Cruz County Records.

APN: 072-174-02

22.64 10

EXHIBIT B
Temporary Construction Easement Legal Description & Plat Map (See attached)

22.65 EXHIBIT “A”

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over the lands conveyed to Helena H. Chen by deed recorded on June 10, 1985, in Volume 3930 at Page 378,Official Records of Santa Cruz County, and now succeeded by Nelson K. Chen, as his separate property, by affidavit recorded on November 17, 2023, at Document #2023-0022275, Official Records of Santa Cruz County, and more particularly described as follows:

BEING Lots 1, 2, 3 and 4, in Block 17, as said Lots and Block are shown on the Map entitled, "Subdivision of the Ordway Tract", part of Section 9, T. 10 S., R. 2 W., filed for record May 9, 1909, in Map Book 16, at Page 11, Santa Cruz County Records.

CONTAINING 8,115 square feet, more or less.

EXCEPTING THEREFROM any portion thereof lying within the existing permanent easement as conveyed to the City of Santa Cruz.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION
APN 072-174-02
(P-03C)
Prepared by: Gary Ifland, LS 7367
December 28, 2023
Job No. G20050

22.66 22.67
11 EXHIBIT C
Temporary Construction Easement
(see attached)

22.68 RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

TEMPORARY CONSTRUCTION EASEMENT DEED
Parcel No. 072-174-02
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Nelson K. Chen, as his separate property (“Grantor”)
Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A temporary easement and right-of-way (the “TCE”) for the purposes of access, facilitating construction, and installation of the Project, including but not limited to, the right to ingress to and egress upon, over, under and across Grantor’s Property and the right to otherwise use the Grantor’s Property comprising the easement area (“TCE Area”) of an approximately A 8,115 square foot portion of Grantor’s Property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-174-02 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”) to facilitate the construction of the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”). The TCE Area is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference.

A. Term. The term of the TCE will commence on the date of the Close of Escrow and expire twentyfour (24) months thereafter. Upon written mutual agreement of the Grantor and Grantee, the Term

22.69 may be extended. Following termination of the TCE, Grantee shall confirm in writing to Grantor that the TCE has terminated and record any instrument necessary to clear title to the Grantor’s Property.

1. Grantee shall limit its use of the TCE Area to the hours of 8 a.m. to 5 p.m. Monday through Friday. The days and hours of TCE use are subject to extension with mutual agreement of Grantee and Grantor. The HDD installation method for the pipe in the Brackney North section would require approximately one day of continuous 24-hour installation.

B. Grantee’s Rights. To accomplish the purpose of the TCE, Grantor hereby grants and conveys the following rights to Grantee:

1. Grantee’s rights granted herein shall be deemed to include such incidental rights as are reasonably necessary to use the TCE for the purposes provided herein, including but not limited to the transportation of construction equipment, materials, supplies, and personnel to and from the Easement area. During the TCE Term, Grantee shall secure the TCE Area to prevent unauthorized access to the construction site, construction materials, and equipment.

2. To access the TCE area within the times specified in order for Grantee and its officers, officials, employees, consultants, agents, representatives, contractors, subcontractors, materialmen, suppliers, workers, successors and assigns for undertaking and facilitating the work on the Project stated herein.

3. To prevent any activity on or use of the TCE Area that is not reserved herein and is inconsistent with the purpose of this TCE and to require the restoration of such areas or features of the TCE Area that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the TCE Area by Grantor not reserved herein that is inconsistent with the purpose of this TCE; and

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this TCE.

C. Grantor’s Obligations.

1. Without the prior written consent of Grantee, which Grantee may withhold in its sole discretion, Grantor may not transfer, encumber, sell, lease, or otherwise separate any mineral rights or water rights for the TCE area.

2. Grantor shall not create any encumbrance superior to this TCE, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the TCE area that Grantee determines, in its sole discretion, will affect Grantee’s use of the TCE for the purposes stated herein.

3. Grantor may not engage in any activities at, on, upon, or adjacent to the TCE area that would adversely affect the Grantee’s use of the TCE.

D. Grantee’s Obligations.

1. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless the Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs (collectively,

22.70 “Claims”) arising from the negligence, recklessness or willful misconduct of Grantee’s employees, agents, and consultants for actions related to the TCE, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

2. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the TCE Area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant Deed of Temporary Easement.

3. Grantee shall at all times replace and maintain exterior fencing during times construction is not occurring to insure security of the TCE Area.

4. At the termination of the TCE, Grantee shall remove any construction equipment and materials from the TCE Area and restore the TCE Area to the condition it was in on the date and time of the beginning of the TCE except normal wear and tear.

5. Upon termination of the TCE, Grantee shall provide such evidence as necessary to clear the TCE from title, including delivery of a quitclaim deed with respect to the TCE.

This grant of temporary construction easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

22.71 IN WITNESS WHEREOF, the parties have executed this Grant of Temporary Construction Easement Deed, effective as of , 20__.

GRANTOR:

Nelson K. Chen, as his separate property
Date:___________________ By:______________________________ Nelson K. Chen
GRANTEE:

CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

22.72 22.73
Exhibit 1
Property Legal Description
Lots 1, 2, 3 and 4, in Block 17, as said Lots and Block are shown on the map entitled, "Subdivision of the Ordway Tract, Part of Section 9, T. 10 S., R. 2 W.", filed for record May 9, 1909 in Map Book 16, at Page 11, Santa Cruz County Records.

APN: 072-174-02

22.74 Exhibit 2
Temporary Construction Easement Legal Description and Plat Map

22.75 EXHIBIT “A”

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over the lands conveyed to Helena H. Chen by deed recorded on June 10, 1985, in Volume 3930 at Page 378,Official Records of Santa Cruz County, and now succeeded by Nelson K. Chen, as his separate property, by affidavit recorded on November 17, 2023, at Document #2023-0022275, Official Records of Santa Cruz County, and more particularly described as follows:

BEING Lots 1, 2, 3 and 4, in Block 17, as said Lots and Block are shown on the Map entitled, "Subdivision of the Ordway Tract", part of Section 9, T. 10 S., R. 2 W., filed for record May 9, 1909, in Map Book 16, at Page 11, Santa Cruz County Records.

CONTAINING 8,115 square feet, more or less.

EXCEPTING THEREFROM any portion thereof lying within the existing permanent easement as conveyed to the City of Santa Cruz.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION
APN 072-174-02
(P-03C)
Prepared by: Gary Ifland, LS 7367
December 28, 2023
Job No. G20050

22.76 22.77

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement Deed dated as of ____________________, 20__, from Nelson K. Chen, as his separate property (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-174-02

22.78 City Council

AGENDA REPORT
DATE: 12/18/2023
AGENDA OF: 01/09/2024
DEPARTMENT: Water
SUBJECT: Award of Agreement to Thatcher Company of California Inc. for Liquid Aluminum Sulfate (WT)
RECOMMENDATION: Motion to accept the bid of Thatcher Company of California Inc. (Salt Lake City, UT) for Liquid Aluminum Sulfate, reject all other bids, and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

BACKGROUND: The Water Department currently purchases approximately $140,000.00 annually in Liquid Aluminum Sulfate, for use as needed for treatment of drinking water. All chemicals used in the treatment of drinking water, including Liquid Aluminum Sulfate, undergo testing and certification to meet the requirements of ANSI/NSF 60 (American National Standard Institute/National Sanitation Foundation Standard 60) and AWWA B403 09 (American Water Works Association Specifications Number B403 09). These standards ensure the quality of the chemicals used in drinking water treatment.

DISCUSSION: The Water Department publicly advertised an Invitation for Bids for Liquid Aluminum Sulfate beginning on November 6, 2023, and received two bids by the November 29, 2023, deadline. Our current supplier, Thatcher Company of California Inc., submitted the lowest bid of $442.00 per dry ton for an estimated annual cost of $132,600.00. The previous price paid was $443.20 per dry ton; therefore, this new contract will result in annual cost savings of $7,400.00.

FISCAL IMPACT: Funds are currently available in the Water Department's operating budget for chemicals. There is no impact to the General Fund.

Prepared By:

Evanda Goad
Management Analyst
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BID TABULATION FOR LIQUID ALUM.PDF

2. AGREEMENT FOR LIQUID ALUM 2023.PDF

23.1 BID RESULTS TABULATION
(This is NOT an order)
Quotation for: Aluminum Sulfate
Date Closed: November 29, 2023
Vendor Name City, ST Bid Total

1. Thatcher Company of California Salt Lake City, UT $132,600.00

2. Chemtrade Chemicals US LLC Parsippany, NY $149,055.00 Bid awarded to: Thatcher Company of California, Inc.

Should you have any questions regarding this solicitation, you may direct them to Dustin Holtzclaw at 831-420-5461.

No work may commence until a correct and complete certificate of insurance is received by the City.

P:\WTTP\CHEMICAL INFO\Alum\2022 Alum Bid\Alum Bid Tabulation Sheet 12-29-2022.doc Date

23.2 AGREEMENT
THIS AGREEMENT, made and entered into this __9th___day of ____January____, 2023 (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and Thatcher Company of California Inc., hereinafter called “Vendor” (collectively referred to as the “Parties”);
WITNESSETH, that the Parties hereto do mutually agree as follows:

ARTICLE I
That for, and in consideration of, the covenants and agreements herein contained, Vendor hereby covenants and agrees to furnish Liquid Aluminum Sulfate, and any other required goods or services, as set forth in the Contract Documents, including the Invitation For Bids No. IFB No. WT-231101 for Liquid Aluminum Sulfate dated November 2023, attached hereto as Exhibit A (hereinafter the “Project”). Vendor will bear any and all expenses necessary or incidental to the performance of the obligations or work specified in this Agreement and in the Contract Documents, and will furnish Liquid Aluminum Sulfate at the prices and discounts stated in Vendor’s Bid Proposal, attached hereto as Exhibit B. Vendor shall perform all obligations in this Agreement in strict conformity and compliance with the Contract Documents.

ARTICLE II
It is expressly agreed and understood by City and Vendor that the Contract Documents, which are attached hereto and hereby incorporated and made a part of this Agreement between the Parties, are defined as comprised of the following:

1. This Agreement.

2. City of Santa Cruz Invitation For Bids No. IFB No. WT-231101 for Liquid Aluminum Sulfate, including Attachment B “City of Santa Cruz Terms and Conditions of Purchase” (Exhibit A).

3. Vendor’s Bid Proposal (Exhibit B).

The Parties do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of the Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the Parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Vendor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

23.3 2

ARTICLE III
The City hereby contracts to pay Vendor the prices provided for in the Vendor’s Bid Proposal attached as Exhibit B, in the manner, to the extent, and at the times set forth in the Contract Documents. Vendor shall not undertake any work beyond the scope of work set forth in the City’s Invitation for Bids as provided in Exhibit A, unless such additional work is approved in advance and in writing by City in the form of a change order.

ARTICLE IV
Vendor shall conform to all laws and regulations of the United States and the State of California, as well as laws of the City of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.

ARTICLE V
To the fullest extent permitted by law, Vendor shall defend, indemnify, and hold harmless the City and its officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations, activities, or performance of Vendor, or Vendor’s subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Vendor, as related to this Agreement. This provision shall not be deemed to require the Vendor to indemnify or hold harmless an Indemnitee for any Losses proximately caused by the sole or active negligence or willful misconduct of the Indemnitee.

Vendor acknowledges and agrees that Vendor’s obligation to defend the City and the other Indemnitees arises at the time such Losses is tendered to Vendor by the Indemnitees and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction. This provision shall survive the termination of the Agreement.

This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.

ARTICLE VI
General Terms

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

23.4 3

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

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

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

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

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

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

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

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

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

Signature Page to Follow

23.5 23.6
5 EXHIBIT A

INVITATION FOR BIDS

23.7 Invitation For Bids
No. IFB No. WT-231101
FOR

LIQUID ALUMINUM SULFATE
Contact: Evanda Goad, Management Analyst
Email: [email protected]
RESPONSE DEADLINE: November 29, 2023, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/santacruzca

23.8 City of Santa Cruz
Liquid Aluminum Sulfate
I. INTRODUCTION.....................................................................................

II. GENERAL INFORMATION FOR BIDDERS ................................................

III. SPECIFICATIONS....................................................................................

IV. INSTRUCTIONS FOR BIDDERS ................................................................

V. TERMS AND CONDITIONS .....................................................................

VI. BID FORM .............................................................................................

VII. BID SUBMITTALS ...................................................................................

Attachments:

A - Sample Agreement
B - Terms and Conditions

23.9 #IFB No. WT-231101
Title: Liquid Aluminum Sulfate