Agenda packet — Santa Cruz City Council, April 30, 2024 (part 1 of 5)

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

CITY COUNCIL AGENDA
Regular Meeting - April 30, 2024
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS,

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, April 29th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, April 28th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
April 30, 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 CalRelay system number: 1-800-735-2922.

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

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.

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

Need more information? Contact the City Clerk’s office at 831-420-5030. 1:00 PM
Statements of Disqualification
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Allstate Insurance Company
2) Claimant: Sean M. Bergman
Claims against the City of Santa Cruz

2. Real Property Negotiations (Government Code §54956.8) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
April 30, 2024 City Council 3
City Council
1:30 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Presentations

3. Mayoral Proclamation Declaring May 4, 2024 as Wildfire Community Preparedness Day

4. Mayoral Proclamation Declaring May 2024 as Affordable Housing Month

5. Mayoral Proclamation Declaring May 5 - May 11, 2024, as Professional Municipal Clerks Week
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

April 30, 2024 City Council 4
Consent Agenda

7. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.

8. Minutes of the April 9, 2024 City Council Meeting (CC) Motion to approve as submitted.

9. OPC SB 1 Grant Program- Track 1: SLR Adaptation PlanningAuthorization to Submit a Grant Application for the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint Project (CM) Motion to authorize the City Manager to apply for, accept, and appropriate funds from the Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program to fund the Resilient Coast Santa Cruz 2.0:

Shoreline Adaptation Blueprint Project.

10. Award Contract for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study (CM)
Motion to award a contract to Environmental Science Associates (ESA) for the Living Shorelines, Nature Based Solutions (NBS) and Sand Management Feasibility Study in the amount of $297,000 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with ESA for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study.

April 30, 2024 City Council 5
Consent Agenda (continued)

11. United States Department of Energy’s Energy Efficiency and Conservation Block Grant Program – Authorization to Submit a Grant Application to Establish a Pilot Program to Provide Financial Assistance to City Employees Switching from Gas-Fueled Vehicles to Electric Vehicles (CM)
Motion to adopt a resolution authorizing the City Manager to apply for funds from the Department of Energy’s Energy Efficiency and Conservation Block Grant Program to fund a pilot program, “The City of Santa Cruz Employee Electric Vehicle Incentive Program,” to advance adoption of electric vehicles by providing City employees financial assistance to switch from gasoline-powered vehicles to electric vehicles.

12. Increase Open Purchase Order (PO) with Central Fire Protection District by $100,000 for Fleet and Apparatus Maintenance and Repairs (FD) Motion to reallocate funds from the FY 2024 Fire Department operating budget to increase the open PO with Central Fire District by $100,000 and to allow future POs with Central Fire District be established at $250,000.

13. Implementation of Local Transactions and Use Tax (FN) Motion to:
1) Adopt a resolution authorizing the Finance Director to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and
2) Adopt a resolution authorizing examination of sales or transactions and use tax records.

14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to 1) reject the liability claim of Allstate Insurance Company; and 2) deny the application by Sean M. Bergman for leave to present a late claim, based on staff recommendation.

April 30, 2024 City Council 6
Consent Agenda (continued)

15. Award Agreement for Code Enforcement Support for Sidewalk Vending Program. Environmental Determination: Exempt 15321 (PL) Motion to:
1) Award agreement for Willdan Engineering in the amount of $120,000; and
2) Recognize the environmental determination and authorize the City Manager to execute the agreement and any amendments within the approved operating budget and authorized amendments budget, in a form approved by the City Attorney.

16. Pitch-In Countywide Cleanup Day (PW)
Motion to adopt a resolution declaring the second Saturday of May each year as “Santa Cruz County Cleanup Day.”

17. Active Transportation Plan Outreach Consulting – Award Contract (PW) Motion to award a contract to Ecology Action (Santa Cruz, CA) in the amount of $118,000 for outreach consulting for the Active Transportation Plan Update, and authorize and direct the City Manager to execute it in a form acceptable to the City Attorney.

18. Award Single Source Contract for the Installation of EV Charging Infrastructure for Medium/Heavy Duty Vehicles at the Corporation Yard - Budget Adjustment (PW)
Motion to:
1) Approve the Plans and Specifications for the installation of EV charging infrastructure at the Corporation Yard and authorize the City Manager to award and execute the Single Source construction contract to Cupertino Electric Inc (San Jose, CA) in the amount of $389,541.10 in a form acceptable to the City Attorney. The Director of Public Works is authorized to execute change orders within the approved budget; and
2) Adopt a resolution to amend the FY 2024 budget and appropriate funds in the amount of $197,000 for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).

April 30, 2024 City Council 7
Consent Agenda (continued)

19. Scenic St Sewer Rehabilitation (c401511) – Notice of Completion (PW) Motion to accept the work of Golden State Construction & Utility, Inc. (San Francisco, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Scenic St Sewer Rehabilitation Project (c401511).

20. WWTF Southside Fence Replacement Project (m409659) – Notice of Completion (PW)
Motion to accept the work of Silicon Valley Paving (San Jose, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the WWTF Southside Fence Replacement Project (m409659).

21. West Cliff Drive Bethany Curve Culvert (c402407) – Approval of Revised Plans and Specifications, Authorization to Award Contract, and Approval of California Environmental Quality Act (CEQA) Exemption (PW)
Motion to:
1) Approve the Plans and Specifications for the West Cliff Drive Bethany Curve Culvert Project (c402407) and authorize staff to award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget; and
2) Approve the West Cliff Drive Bethany Curve Culvert Project and find the project exempt under CEQA.

April 30, 2024 City Council 8
Consent Agenda (continued)

22. Right-of-Way Agreement for Newell Creek Pipeline Replacement Project – Felton to Graham Hill Water Treatment Plant: Evangelical Free Church of Felton APN 065-152-17 (WT)
Motion to adopt a resolution authorizing and directing the City Manager to execute a Right-of-Way Agreement, in a form approved the City Attorney, between the City of Santa Cruz and Evangelical Free Church of Felton for use of their parking lot located in Felton, CA near Graham Hill Road and Zayante Road, APN 065-152-17, for the Newell Creek Pipeline Replacement Project – Felton to Graham Hill Water Treatment Plant.

End Consent Agenda
Consent Public Hearings

23. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (EDH)
This item is continued to May 14, 2024 and will not be discussed.

24. 2nd Reading and Final Adoption of Ordinance No. 2024-08 CalPERS Contract Amendment (HR)
Motion to adopt Ordinance No. 2024-08 approving an amendment to the contract between the Board of Administration and California Public Employees' Retirement System (CalPERS) to provide a new local ocean beach lifeguard member category 2.7% at 57 full formula and Fourth Level of 1959 Survivor Benefits with 0% prior service.

April 30, 2024 City Council 9
General Business

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

Public Hearing

26. Public Hearing to Review the Updated 2023 Annual Compliance Report for the Delaware Addition Planned Development and Determination of Good Faith Compliance with the Material Terms of the Development Agreement and Conditions of Approval for the Proposed Lease of 100 and 400 Ingalls Alley to the University of California Santa Cruz (Environmental Determination: Not a Project/Exempt per
15061(b)(3)/Reuse of prior Environmental Impact Report) (PL) Motion to adopt a resolution acknowledging the environmental determination and finding that the applicant’s submittal is in good faith compliance with the material terms of the development agreement, with the following exception. Direct staff to process an Operating Memorandum to clarify conditions of approval and allow for affordable housing units consolidation so the owner can move forward with the amendments to the CC&Rs, lease of the units to the University, consolidation of the affordable housing units on Lot 21 of the Project (400 Ingalls Alley) in lieu of dispersing them over Lots 20 and 21 (100 and 400 Ingalls Alley), and recordation of an amended Affordable Housing Development Agreement.

April 30, 2024 City Council 10
General Business

27. Collective of Results Evidence-Based (CORE) Investments Update (CM) Motion to:
1) Accept and file staff report on the proposed Collective of Results and Evidence-based (CORE) Investments Program Request for Proposals (RFP) development and prioritization for the next funding cycle; 2) Consider options provided for Affordable Housing and Shelter, with staff recommendation to approve option #1;
3) Direct staff to carve out from competitive procurement any programs prioritized by the Council;
4) Direct staff to coordinate with the Human Services Department (HSD) to release the finalized version of the CORE RFP by June 3, 2024, including any additional direction from today’s hearing; and 5) Direct staff to report back no later than October 29, 2024, with a summary of the proposals received from the CORE RFP.

28. Consideration of a Purchase Sale Agreement Between the City of Santa Cruz (City) and the City of Scotts Valley for the City-owned Property Located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, aka Skypark, APNs 022-721-07, 022-721-08, and 022-721-09 (EDH)
Motion to adopt a resolution authorizing and directing the City Manager to execute a Purchase Sale Agreement, along with modifications of a non-substantive or conforming nature, between the City of Santa Cruz and the City of Scotts Valley for the City-owned property located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, in a form to be approved by the City Attorney, and authorizing the City Manager or his designee to take any further actions and execute any other related documents necessary to conclude the sale.

April 30, 2024 City Council 11
Public Hearing

29. 1130/1132 Mission Street: CP23-0103 (APN 006-203-24, -25) Appeal of the Planning Commission Approval of the Development Proposal at 1130/1132 Mission Street Involving Nonresidential Demolition Authorization Permit to Demolish Two Commercial Buildings, Boundary Adjustment to Combine Two Parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit, and Heritage Tree Removal Permit to Construct a Five-Story Mixed-Use Building Consisting of 2,627 Square Feet of Ground Floor Commercial Space and 48 Single Room Occupancy (SRO) Residential Units Above. The Project also Includes a Request for Density Bonus Including Waivers to Exceed Building Height, Setbacks, and Floor Area Ratio (FAR), as Well as Proposes to Utilize AB2097 to Reduce On-Site Parking. The Parcels Are Both Located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) Zone District and the Mission Street Overlay Zone. Environmental Determination: Categorical Exemption 15332, In-Fill Development Projects. Owner: Douglas Wallace. (PL)
Motion to adopt a resolution denying the appeal(s), thereby upholding the Planning Commission’s acknowledgment of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Nonresidential Demolition Authorization Permit; Boundary Adjustment; Density Bonus request, including waivers to exceed height and FAR and reduce setback requirements; and Design, Special Use, Watercourse Development Permits, and Heritage Tree Removal Permit, based on the findings listed in the draft Resolution and the Conditions of Approval attached as Exhibit “A.” Adjournment
April 30, 2024 City Council 12

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 30, 2024

30. Proclaiming the month of April 2024 as “Parkinson’s Awareness Month” and encouraging all citizens to increase their understanding of the disease and to support people living with Parkinson’s.

31. Proclaiming the month of April 2024 as “Sexual Assault Awareness Month” and encouraging all residents to learn more about the causes and prevention of sexual assault.

32. Proclaiming the month of April 2024 as “Arts, Culture & Creativity Month” and encouraging all citizens to support the arts and join in this celebration.

33. Proclaiming April 14, 2024 as “Senderos Vive Oaxaca Day” and encouraging all citizens to join in honoring Oaxacan and other indigenous people in Santa Cruz for their culture and contributions to the community.

Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire. Council will make the appointments at a future meeting.

County Latino Affairs Commission One opening – at-large nomination April 30, 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.

Faith-Based Housing Partnerships
May 1st, 1-3pm- View Event
Tabasa Gardens Grand Opening
May 3rd, 12-2pm- View Event
Affordable Housing Month Kick Off
May 4th, 4-6pm- View Event
Housing Discrimination Forum
May 8th, 5-6:30pm- View Event
*ImplementingDisplacementFocusedHousing
Preferences through a Digital Affordable Housing
Application Portal
May 9th, 10-11am- View Event
Capitola Housing Bike tour
May 11th, 9:30am-12pm- View Event
Countywide Housing Programs
May 13th 5-7pm- View Event
*Costs and Benefits of Affordable Housing Design
May 14th, 11-12:30pm- View Event
Property Owners and Managers Making a Difference:

Appreciation Event
May 14th 5:30-7:30pm- View Event
Housing Fireside Chat with YIMBY and Student
Housing Coalition
May 15th 6-8pm- View Event
Getting to Know Our Housing Challenges and Solutions
May 16th 5:30-8pm- View Event
The Journey Home
May 17th, 1-3pm- View Event
March to End Homelessness
May 18th, 10am-12:30pm- View Event
Celebrate Upcoming Affordable Housing Projects at a
Groundbreaking Event & Site Tours
May 20th 12-3pm- View Event
Habitat for Humanity - Meet the Families and tour
Habitat Homes
May 21st 5-7pm- View Event
*Water Supply and Scotts Valley's Housing Needs
May 21st, 6:30-8pm- View Event
Housers Happy Hour
May 23rd, 5:30-7pm- View Event
Bienestar Plaza Grand Opening
May 29th, 11am-12pm- View Event
WUI Research for Resilience: Exploring SocioEnvironmental Impacts of the Housing Crisis May 29th, 12-1:30pm- View Event
Affordable Housing Finance 101
May 30th, 1:30-3pm- View Event
Resetar Residential Hotel - South County Networking
Event
May 31st, 9:55am-12pm- View Event
*Affordable Housing Finance 101 Class
Available ALL month - Click for Virtual Recording
*Housing Choice Voucher Program Webinar
Available ALL month - Click for Virtual Recording
AFFORDABLE HOUSING MONTH - MAY 2024
For more information on Affordable Housing Month visit:
https://www.cityofsantacruz.com/affordablehousingmonth
Schedule of Events-events are subject to change, check “View Event” links for details * VIRTUAL EVENTS MARKED WITH “ *”

4.1 Pacific Station South
820 Pacific Ave Santa Cruz CA 95060
New affordable housing community with 70 apartments available! Accepting applications for studios, 1-, 2-, & 3-bedrooms Opening June 2024
To apply for Pacific Station South, contact us at 707-708-3260, or by email at [email protected].

You are also welcome to stop by our office at 324 Front Street Suite 212, Santa Cruz, CA 95060, to pick up an application.

The office is open Monday to Friday from 9AM to 3PM.

Application can be downloaded at www.pacificstationsouth.com Applications can be submitted in person or mailed the address below, or via email.

Project-Based Voucher Units
47 apartments will be Project-Based Voucher units that are offered to top applicants on the Housing Authority of the County of Santa Cruz Housing Choice Voucher waiting list, or to searching voucher holders. To apply, contact the leasing office at the email or phone number above. If you received this flyer from the Housing Authority, you are welcome to apply!
Rent Limits
Project-Based Voucher Units - the tenant rent share is income-based, as determined by the Housing Authority of the County of Santa Cruz, in accordance with agency policy and HUD regulations. Typically, the tenant’s rent will equal 30% of monthly household income.

Non-Project-Based Voucher Units – the tenant rent is offered at a set, below-market rate, but it is not income-based.

Income Limits by Household Size*
Households may not have incomes that exceed 60% of the area median income, as noted below by household size:

One-Person Two-Person ThreePerson Four-Person Five-Person Six-Person SevenPerson Eight-Person $69,180 $79,080 $88,980 $98,820 $106,740 $114,660 $122,580 $130,500 “*Income limits are effective 05/15/2023, as published by the California Tax Credit Allocation Committee. Income limits are subject to change annually. “

4.2 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
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
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
City Council Meeting Calendar for 2024
November 26
December 10
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day
June 25
September 10
September 24
City Hall Closure - Juneteenth
Please note: Meeting times are not final and are likely to change August 13
May 14
June 11
May 28
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
December 24 Meeting Cancelled - CITY COUNCIL DARK
City Hall Closure - Christmas Day
Rosh Hashanah (City observed - sundown to sundown)
November 12
October 8
October 22
City Hall Closure - Veteran's Day (observed)
Hanukkah (City observed - sundown to sundown)
Yom Kippur (City observed - sundown to sundown)

6.1 City Council

AGENDA REPORT
DATE: 04/08/2024
AGENDA OF: 04/30/2024
DEPARTMENT: City Attorney/City Manager
SUBJECT: Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) RECOMMENDATION: Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.

BACKGROUND: On January 4, 2023 the City Manager declared the existence of a local emergency following storms in December 2022 and January 2023 (“2022/2023 Winter Storms”) that caused significant flooding, infrastructure damage, and other storm impacts, including downed trees and impacts to persons experiencing homelessness.

A year later, and while responses to the 2022/2023 Winter Storms remained ongoing, the City of Santa Cruz experienced another significant storm event that resulted in flooding and significant damage to City infrastructure (“2023/2024 Winter Storms”). The City Manager again declared the existence of a local emergency as a result of the 2023/2024 Winter Storms on February 6, 2024.

DISCUSSION: Government Code section 8630 authorizes a governing body of a city or an official designated by ordinance to proclaim the existence of a local emergency. Santa Cruz Municipal Code section 2.20.030 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.”
In view of the facts and circumstances described above and damage caused by the 2022/2023 and 2023/2024 winter storms, the City Council ratified the City Manager’s January 4, 2023 emergency declaration by Resolution No. NS-30,085 at its January 10, 2023 regular meeting, and ratified the City Manager’s February 6, 2024 emergency declaration by Resolution No. NS30,286 at its February 13, 2024 regular meeting.

7.1 The attached resolution, if adopted by the City Council, would extend the 2022/2023 Winter Storms emergency declaration and 2023/2024 Winter Storms emergency declaration by an additional 60 days, to June 29, 2024.

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

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

7.2 RESOLUTION NO. NS-30,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING THE LOCAL EMERGENCY DECLARATIONS IN CONNECTION WITH THE 2022/2023 WINTER STORMS AND 2023/2024 WINTER STORMS
WHEREAS, Government Code section 8630 authorizes the City Council or an official designated by ordinance to proclaim the existence of a local emergency; and WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and WHEREAS, on December 30 and 31st, 2022, the City of Santa Cruz experienced an atmospheric river storm rain event, followed by another powerful storm event on January 4 and 5th, 2023 (the “2022/2023 Winter Storms”). As a result of the 2022/2023 Winter Storms, flooding, debris from trees, and mud impacted the San Lorenzo River and adjacent areas, including the Tannery area, San Lorenzo Park, and the beach. The San Lorenzo River reached

22.1 feet. Rainfall amounts exceeded 7 inches in the mountains over a 24-hour period. The 2022/2023 Winter Storms resulted in flooding, downed trees, major infrastructure damage, and impacts to persons experiencing homelessness; and
WHEREAS, the County of Santa Cruz proclaimed the existence of a local emergency in the County on January 3, 2023 in response to the 2022/2023 Winter Storms; and WHEREAS, in light of the 2022/2023 Winter Storms and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the “2022/2023 Emergency Proclamation”). At its January 10, 2023 meeting, the City Council adopted Resolution No. NS-30,085 declaring the existence of a State of Emergency in connection with the 2022/2023 Winter, confirming the 2022/2023 Emergency Proclamation; and
WHEREAS, the City Council has continued to review the need for the 2022/2023 Winter Storms emergency declaration and most recently adopted Resolution No. NS-30,296 at its March 12, 2024 regular meeting, further extending the declaration of emergency by 60 days; and
WHEREAS, a year after the 2022/2023 Winter Storms, on December 28 and 30th, 2023, the City of Santa Cruz experienced a large winter swell event involving significant rain and hazardous ocean conditions, causing an estimate of $2.5 million in damage along West Cliff Drive and the Santa Cruz Wharf, followed by atmospheric river storms throughout January and February 2024 (the “2023/2024 Winter Storms”). The 2023/2024 Winter Storms included significant rainfall on January 22, 2024 that contributed to flooding within the City of Santa Cruz and specifically to Cypress Point Apartments; and

7.3 RESOLUTION NO. NS-30,XXX
2 WHEREAS, on January 30, 2024, the County of Santa Cruz Board of Supervisors ratified Local Emergency for the December 2023 Coastal Storms, as proclaimed by the County Administrative Officer as the Director of Emergency Services on January 3, 2024; and WHEREAS, in light of the 2023/2024 Winter Storms and pursuant to his authority as Emergency Services Director, on February 6, 2024, the City Manager declared the existence of a local emergency (the “2023/2024 Emergency Proclamation”). At its February 13, 2024 meeting, the City Council adopted Resolution No. NS-30,286 declaring the existence of a State of Emergency in connection with the 2023/2024 Winter Storms, confirming the 2023/2024 Winter Storms Emergency Proclamation; and
WHEREAS, the City Council has continued to review the need for the 2023/2024 Winter Storms emergency declaration and most recently adopted Resolution No. NS-30,311 at its April 9, 2024 regular meeting, further extending the declaration of emergency by 60 days; and
WHEREAS, damage to City infrastructure from the 2022/2023 Winter Storms and 2023/2024 Winter Storms is extensive and as a result, the City’s emergency response remains ongoing.

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

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, and extended on January 24, 2023 by Resolution No. NS-30,095, on March 14, 2023 by Resolution No. NS30,116, on May 9, 2023 by Resolution No. NS-30,145,on June 27, 2023 by Resolution No.

NS-30,166, on August 22, 2023 by Resolution No. NS-30,187, on October 10, 2023 by Resolution No. NS-30,208, on November 28, 2023 by Resolution No. NS-30,239, on January 23, 2024 by Resolution No. NS-30,274, and on March 12, 2024 by Resolution No. NS-30,296, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and B. That the City Council hereby declares that the local emergency declaration adopted at its February 13, 2024 regular meeting by Resolution No. NS-30,286, and extended on April 9, 2024 by Resolution No. NS-30,311, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
C. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

7.4 RESOLUTION NO. NS-30,XXX
3 PASSED AND ADOPTED this 30th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

MINUTES OF A CITY COUNCIL MEETING
April 9, 2024
11:00 AM
Mayor Keeley opened the City Council Closed Session at 11:03 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, City Attorney T. Condotti, Director of Economic Development and Housing B.

Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

City Attorney T. Condotti announced Council received a letter from attorney Gavin Kogan relating to item #21 on the open session agenda, expressly threatening litigation against the City and asked the Council to add this as an item of subsequent need, as it was presented after the agenda was posted.

MOTION: Councilmember Watkins moved, seconded by Councilmember KalantariJohnson, to add the item of subsequent need to the Closed Session agenda.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8.1 April 9, 2024 CITY COUNCIL MINUTES 6790
Public Comment
Mayor Keeley opened the public comment period at 11:05 a.m. There were no speakers. Mayor Keeley closed the public comment period at 11:05 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: Sally Ann Laine
2) Claimant: Mark S. Anderson
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 13, and no reportable action was taken.

3. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1))
Alicia Lopez v. Mary McCoy, et al.
(Santa Cruz County Superior Court Case No. 18CV03301)
Council received a status report, and no reportable action was taken.

8.2 April 9, 2024 CITY COUNCIL MINUTES 6791
Closed Session (continued)
Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) Council added as an item of subsequent need, received a status report, and no reportable action was taken.

8.3 April 9, 2024 CITY COUNCIL MINUTES 6792
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
April 9, 2024
11:45 AM
Call to Order – Mayor Keeley called the meeting to order at 12:11 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Chief People Officer S. De Leon, Deputy City Manager L. Murphy, Director of Economic Development and Housing B.

Lipscomb, Director of Planning and Community Development L. Butler, Finance Director E. Cabell, Director of Public Works N. Nguyen, Director of Parks and Recreation T. Elliot, Director of Information Technology K.

Morgan, Transportation Manager M. Starkey, Transportation Planner C.

Gallogly, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

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

Oral Communications
At 12:11 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

James Ewing spoke regarding the amount of community participation at the Council meeting.

Carol Polhamus spoke regarding the Shigella outbreak at Harvey West Park and the impacts it has had on local recreational groups.

8.4 April 9, 2024 CITY COUNCIL MINUTES 6793
Oral Communications (continued)
Unidentified person spoke regarding the combination fire station/regional public safety training center that is being proposed to be built at University California, Santa Cruz.

Unidentified person spoke regarding the combination fire station/regional public safety training center that is being proposed to be built at University California, Santa Cruz.

Unidentified person spoke regarding the nature of the online surveys such as the homelessness response survey, and the Cruz Hotel, which was discussed at the previous meeting.

Judi Grunstra spoke regarding the Pacific Cultural Center building, which is for sale, and would like the City to buy the property to keep it as a community hub. She additionally expressed dismay and betrayal at the clocktower project, and advised Council, as advocates for the City, to reign in the Planning Department.

At 12:21 p.m. Mayor Keeley closed Oral Communications.

Presentations

4. Mayoral Proclamation Declaring April 2024 as Sexual Assault Awareness Month Councilmember Kalantari-Johnson read from and presented a proclamation to members of the Commission for the Prevention of Violence Against Women declaring April 2024 as Sexual Assault Awareness Month.

5. Mayoral Proclamation Declaring April 2024 as Arts, Culture, and Creativity Month
Councilmember Brunner read from and presented a proclamation declaring April 2024 as Arts, Culture, and Creativity Month. Ami Davis, Development Director with Santa Cruz County Arts Council, spoke.

6. Mayoral Proclamation Declaring April 14, 2024 as Senderos Vive Oaxaca Day Councilmembers Brown and Watkins read from and presented a proclamation declaring April 14, 2024 as Senderos Vive Oaxaca Day.

8.5 April 9, 2024 CITY COUNCIL MINUTES 6794
Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6790—6791 for the report.

Council Meeting Calendar

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

City Clerk Administrator B. Bush reminded Council of the date change for the next regular Council meeting, which will be April 30th.

Consent Agenda
Councilmember Brunner made a comment on items 11 and 14.

Councilmember Kalantari-Johnson made a comment on items 12 and 14.

Vice Mayor Golder made a comment on item 15.

Councilmember Watkins made a comment on item 10.

Councilmember Brown made a comment on item 14 and pulled item 12 for further discussion.

Councilmember Newsome made a comment on item 12.

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

Unidentified person spoke regarding item 13.

James Ewing-Whitman spoke regarding items 10, 11, and 18.

Mayor Keeley closed the public comment period.

8.6 April 9, 2024 CITY COUNCIL MINUTES 6795
Consent Agenda (continued)
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to approve the remaining Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8. Resolution Extending the Emergency Declaration in Connection with the December 2023 and January and February 2024 Winter Storms (CA/CM) Resolution No. NS-30,311 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2023 and January and February 2024 winter storms.

9. Minutes of the March 26, 2024 City Council Meeting (CC) Motion carried to approve as submitted.

10. Commission for the Prevention of Violence Against Women Appointment (CC) Motion carried to approve Councilmember Watkins’ nomination of Courtney Barrett to the Commission for the Prevention of Violence Against Women.

11. Certification of the March 5, 2024 Primary Election (CC) Resolution No. NS-30,312 was adopted confirming and approving the canvass of ballots and returns for the City of Santa Cruz Primary Election held on March 5, 2024, and declaring the results.

8.7 April 9, 2024 CITY COUNCIL MINUTES 6796
Consent Agenda (continued)

12. Resolution Authorizing Staff to Work with City's Municipal Advisor to Secure Financing of $20M for Construction of the Parking Garage Component of the Downtown Library Affordable Housing Project (DLAHP) and Direct Staff to Assist the Affordable Housing Developer Partner with its California Tax Credit Allocation Request Application (EDH/FN/PW)
Director of Economic Development and Housing B. Lipscomb responded to Council questions.

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

Matt Farrell
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to:
 Adopt Resolution No. NS-30,313 authorizing staff to work with the City’s Municipal Advisor to secure financing for the estimated total capital need of $20M, and
 Direct staff to assist the affordable housing developer partner with its California Tax Credit Allocation Committee for their request for the LowIncome Housing Tax Credit Program by providing letters of funding commitments as needed, including the parking garage component.

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.

13. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Sally Ann Laine and 2) Mark S. Anderson, based on staff recommendation.

8.8 April 9, 2024 CITY COUNCIL MINUTES 6797
Consent Agenda (continued)

14. Naming of San Lorenzo Park Lawn Bowling Green (PR)
Motion carried to officially name the lawn bowling green in San Lorenzo Park the “Harry Schoenfeld Bowling Green.”

15. 733 River Street (former River Street Shelter Site) Demolition and Paving – Authorization of Work (PW/CM)
Motion carried to approve post-demolition paving work of the City-owned parcel at 733 River Street (former River Street Shelter) through a purchase order with Atlantis Paving in the amount of $121,906. The Public Works Director is authorized to execute change orders within the approved project budget.

16. Recycling Center Storm Water Treatment System Project - Request for Proposals and Authorization to Advertise and Award (PW) Motion carried to approve the plans and specifications, authorize staff to advertise and award a Request for Proposals (RFP) for Design, Build, and Maintenance Services for the Recycling Center Storm Water Treatment System Project (c402111). The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, as authorized by Resolution No. NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget.

17. Resource Recovery Facility Tank Pad Installation Project (c402111) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the Resource Recovery Facility Tank Pad Installation Project (c402111), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.

8.9 April 9, 2024 CITY COUNCIL MINUTES 6798
Consent Agenda (continued)

18. Wastewater Treatment Facility Headworks Rehabilitation (c402204) – Authorization to Advertise and Award Contract (PW)
Motion carried to approve the plans and specifications for the Wastewater Treatment Facility Headworks Rehabilitation (c402204), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.

End Consent Agenda
General Business

19. CalPERS Contract Amendment (HR)
Chief People Officer S. De Leon 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 Vice Mayor Golder, to:
 Adopt Resolution No. NS-30,314 declaring the Council’s 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
 Introduce for publication Ordinance No. 2024-08 approving an amendment to the contract between the Board of Administration and California Public Employees' Retirement System (CalPERS) to provide a new local ocean beach lifeguard member category 2.7% at 57 full formula and Fourth Level of 1959 Survivor Benefits with 0% prior service.

8.10 April 9, 2024 CITY COUNCIL MINUTES 6799
General Business (continued)

19. CalPERS Contract Amendment (HR) (continued)
ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 1:04 p.m. and returned at 1:12 p.m.

20. West Cliff 50-year Vision, Grant Application for West Cliff Dr. Pilot (including One-way Vehicle with Dedicated Bike and Pedestrian Lanes), and Lighthouse Point Study (CM/PW)
Assistant City Manager L. Schmidt, Emily Goodman, Senior Principal with EMC Research, Michael McCormick, President with Farallon Strategies, Director of Public Works N. Nguyen, Transportation Manager M. Starkey, and Transportation Planner C. Gallogly gave a presentation and responded to Council questions.

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

Glenn Seiler
Scott Goldbeck
Don Iglesias
Garrett
Nancy Steward
Craig James
Cathy Stefanki
John
Trynt
Rachel Kippen
Unidentified person
Theo Kell
Unidentified person
Madie Ortenblad
Richard Schmidt
Nairi Azaryan
Nacho Lopez

8.11 April 9, 2024 CITY COUNCIL MINUTES 6800
General Business (continued)

Bradley Snyder
Tom Powers
Tawn Kennedy
Chris
Phil Barnes
Unidentified person
Pete Kennedy
Anthony Ruffo
Aaron
Lauren Wills
Unidentified person
Adam Lazor
Unidentified person
Unidentified person
Emma
Bodie Shargel
Steve Johnson
Chloe Ortiz
Russ Smyth
Amelia Conlan
Kevin Collins
Piet Canin
Sean
Debra Elston
Susan Hoffman
Al Ramadan
Zee Haas
Lola Quiroga
Stephen Svete
Gina Golena Cole
Robert Mauriello
Bob Pearson
Chip Stanton
Gavin Roth
Nicolas Robles
Gillian Greensite

8.12 April 9, 2024 CITY COUNCIL MINUTES 6801
General Business (continued)

Unidentified person
Kim Stoner
Brooke Secor
[Unintelligible name]
Brian Waters
Mike Jolson
Elliot
Unidentified person
Chad Underhill
Mayor Keeley closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Golder, to:
1) Adopt the 50-year vision, with the following amendments, and any other necessary edits to clarify that adoption of the 50-Year vision and application for grant funding do not commit the City to implementation of one-way traffic on West Cliff without further Council action:
 page 5: Access and Traffic
To address the balance required to provide access while working with nature, the City will protect critical infrastructure while considering implementing separate pedestrian and bicycle lanes, and one-way vehicle access along West Cliff Drive supported by traffic control measures in the surrounding neighborhood. Based upon the data gathered in the last eight months of community engagement, the City will prioritize will explore separated pedestrian and bicycle access over other forms of access along West Cliff. Without private property acquisition, separated pedestrian and bicycle lanes are not feasible while maintaining two-way vehicle traffic.

8.13 April 9, 2024 CITY COUNCIL MINUTES 6802
General Business (continued)

To address the balance required to provide access while working with nature, the City will protect the most vulnerable areas to allow the City to maintain critical facilities while considering implementing separate pedestrian and bicycle paths, and may consider one-way vehicle access along West Cliff supported by neighborhood traffic control measures.

While implementing these near-term priorities, the City is committed to exploring and developing additional management options for West Cliff to lessen the impacts of erosion, such as living shorelines or naturebased solutions, limited engineered natural feature restoration and planned relocation.
 page 15:

One-way Vehicle Access and Additional Traffic Control; To create the space required to prioritize separated pedestrian and bicycle access, the City may consider a pilot program to explore a transition from twoway vehicle traffic along West Cliff Drive to one-way westbound vehicle traffic. This will allow additional space to create separated pedestrian and bicycle and lanes. The City will manage these new movement and parking patterns by installing additional traffic control measures and working with surrounding neighborhoods on the most appropriate methods to reduce traffic impacts. Without private property acquisition at significant expense to the City, separated pedestrian and bicycle lanes, while maintaining two-way vehicle traffic, is not feasible. The City will also explore options of a shuttle service to West Cliff or expanding off-site parking to encourage active transportation.  Add a 10th pillar of “Consider the safety and quality of life of the neighborhoods abutting West Cliff Drive.”
2) Direct staff to work with a Council Ad Hoc Committee consisting of Mayor Keeley, Vice Mayor Golder, and Councilmember Kalantari-Johnson to develop recommendations on organizational models (including charters with scope, membership, terms of service) for:
a. West Cliff 50-year Implementation Committee, and

8.14 April 9, 2024 CITY COUNCIL MINUTES 6803
General Business (continued)

20. West Cliff 50-year Vision, Grant Application for West Cliff Dr. Pilot (including One-way Vehicle with Dedicated Bike and Pedestrian Lanes), and Lighthouse Point Study (CM/PW) (continued)
MOTION (continued):
b. An advisory body to the Council to provide overall Climate and Resilience policy direction.
3) Direct staff to return to Council by the end of the 2024 calendar year with the following (in conjunction with the West Cliff Implementation Committee):
a. Implementation priorities for the first 10-Year Roadmap period including any readiness actions and financing plan that should be part of the first 10-Year implementation period.
b. Answer key questions regarding one way including:
i.How much clifftop space do we have and how much do we need to meet our collective needs?
ii. What are the likely impacts on local neighborhoods of new configurations?
iii. Beyond the local neighborhood, where would traffic get routed and what impacts would it have on our City?
c. Outline neighborhood engagement commitments for informing the community about any findings related to the above questions. 4) After the initial update (by the end of this calendar year), provide biannual updates to council and the community on cross-agency activities and implementation of the roadmap; and
5) Direct staff to complete a geologic hazard analysis and preliminary engineering study for Lighthouse Point.

8.15 April 9, 2024 CITY COUNCIL MINUTES 6804
General Business (continued)

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 5:42 p.m. and returned at 6:01 p.m.

21. Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of New Commercial Cannabis Businesses in the City of Santa Cruz (CN) Mayor Keeley spoke.

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

James Ewing-Whitman
Zoey Carter
Unidentified person
Kyle Giorchino
William Sump
Grant Palmer
Emily Cervantes
Suzanne Woke
Arturo Ayala
Robin Bass
Bayley Logan
Unidentified person
Pat Malo
Gavin Kogan
Unidentified person
Bradley Snyder
Brad Palmer
Mayor Keeley closed the public comment period.

8.16 April 9, 2024 CITY COUNCIL MINUTES 6805
General Business (continued)

21. Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of New Commercial Cannabis Businesses in the City of Santa Cruz (CN) (continued)
MOTION: Vice Mayor Golder moved, seconded by Councilmember Newsome, to adopt Temporary Emergency Ordinance No. 2024-09, with the following amendments, to protect health, safety, and welfare by preventing the establishment of new cannabis businesses in the City of Santa Cruz to provide an opportunity to examine the City’s current system of licensing and permitting cannabis-related businesses and consider potential amendments to that system.

Section 1:

In accordance with Government Code Section 65858, from and after the date of this Ordinance, a moratorium against the establishment of any new commercial cannabis business, or the issuance of any new administrative use permit, building permit, variance or any other applicable land use entitlement for such business, is hereby enacted for a period of 35 45 days pending further study by City Council and staff and development of appropriate regulations. This moratorium shall apply to any use which has not yet been lawfully established in accordance will all applicable requirements of the City of Santa Cruz Municipal Code including, but not limited to, Part 14 – Commercial Medical and Adult Use Cannabis Regulations of Chapter 24.12 – Community Design of Title 24 – Zoning of the City of Santa Cruz Municipal Code, and which has not yet obtained substantial vested rights as defined by the California Supreme Court in Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785. Except for those commercial cannabis businesses currently operating, with active state licenses, and with City of Santa Cruz Planning and Community Development Department Zoning Permits, including Administrative Use Permits which have progressed past the appeal threshold.

Section 4:

This interim ordinance shall be of no further force and effect upon the expiration 35 45 days after the date of adoption, unless extended in accordance with Government Code Section 65858.

After discussion, Vice Mayor Golder withdrew the motion.

8.17 April 9, 2024 CITY COUNCIL MINUTES 6806
General Business (continued)

21. Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of New Commercial Cannabis Businesses in the City of Santa Cruz (CN) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Golder, to approve the creation of an ad hoc committee, appointed by the Mayor, consisting of Councilmembers Kalantari-Johnson and Watkins, and Mayor Keeley, to return to Council within 45 days to report on taxation, licensing, safety, and permitting cannabis-related businesses and consider potential amendments to that system.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Councilmember Brown moved, seconded by Vice Mayor Golder, to adjourn. By consensus City Council adjourned at 7:20 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

8.18 City Council

AGENDA REPORT
DATE: 04/04/2024
AGENDA OF: 04/30/2024
DEPARTMENT: City Manager
SUBJECT: OPC SB 1 Grant Program- Track 1: SLR Adaptation PlanningAuthorization to Submit a Grant Application for the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint Project (CM)
RECOMMENDATION: Motion to authorize the City Manager to apply for, accept, and appropriate funds from the Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program to fund the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint Project.

BACKGROUND: In 2021, Governor Newsom signed SB 1 (Atkins, 2021) into law. SB 1 directs the state to provide funding to local and regional governments to develop sea level rise (SLR) adaptation plans and implementation projects. In 2022 and 2023, OPC received $37.5 million and $54.5 million respectively to support the implementation of SB 1, with an additional $10 million anticipated in the 2024-2025 budget.

On March 22, 2024, the City of Santa Cruz submitted Track 1, Phase 3 Planning project that will result in the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint, covering the entire

4.5 miles of coastline within the City limits and comprised of three implementation focused blueprints for the West Cliff, Beaches and East Cliff coastal subareas. The goal of the project is to develop and deliver accessible, community-supported, Shoreline Adaptation Blueprints for three subareas of the City’s coastline to accelerate investment in implementing coastal resilience visions and projects. This report comes to Council after this grant was submitted on March 22 due to time constraints on the grant deadline.

DISCUSSION: The City of Santa Cruz coast took a beating the past two storm seasons. While the City has undertaken significant coastal climate adaptation efforts over the past 5 years for different segments of its coastline under its Resilient Coast Santa Cruz 1.0 initiative (2018-2022) and West Cliff recovery and visioning processes (2023-2024), coastal storm damage in winter 2023 created a renewed community imperative to address coastal change.

The proposed project builds upon this work, creating implementation “blueprints” for 3 coastal subareas. The project integrates the City’s developing adaptation pathways approach with new information, policy, planning guidance and diverse engagement to produce community supported, fundable implementation deliverables: the East Cliff, Beaches, and West Cliff Shoreline Adaptation Blueprints. Blueprints will reference extensive prior work on existing conditions, future vulnerabilities, feasibility of adaptation alternatives, visioning and equitable

9.1 engagement, carrying out policy being currently developed with California Coastal Commission in a new Beaches and Bluffs chapter of the Local Coastal Program amendment in progress.

Blueprints informed by technical, youth and equity advisors, and deep and innovative engagement will be accessible with compelling visualizations of strategies and projects.

Leveraging considerable momentum, existing partnerships and new knowledge, this project aims to level set planning across the City’s coast, align local and regional plans, and catalyze the City into implementation of its coastal community vision. Staff anticipates the project, if awarded funds, to begin in early 2025.

FISCAL IMPACT: There is no impact to the General Fund.

Prepared By:

Tiffany Wise-West, P.E.

Sustainability and Resiliency
Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CITY OF SANTA CRUZ-TRACK 1 PROJECT-PROPOSAL.PDF

9.2 OPC SB 1 Grant Program
Track 1: SLR Adaptation Planning - Full Proposal
Section 1: Cover Page
Contact Information
Lead Entity Name City of Santa Cruz, California
Contact Person Dr. Tiffany Wise-West, PE
Position/Title Sustainability and Resiliency Officer
Phone 831-420-
5433 Email [email protected]
Mailing Address 809 Center Street Room 10, Santa Cruz, CA 95060 Federal Tax ID# 94-6000427
Subcontractor Information (if applicable)
Subcontractor 1 Name: Virtual Planet Technologies
Contact Person: Dr. Juliano Calil
Position/Title: CEO
Phone & Email: 310 302 7968/ [email protected] Mailing Address: 112 Handley St, Santa Cruz, CA 95060
Federal Tax ID #: 83-1263248
Brief Description of their role in the project: Virtual Plant Technologies is the vendor for the Virtual Reality Sea Level Rise Explorer app that we intend to update and utilize for engagement during the project.

Letter of Commitment included in application? (Yes/No): No.

9.3 2 FULL PROPOSAL|CNRA OPC 721
Project Information
Project Name Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint Amount
Requested $875,765 Total Project Cost $960,965
Non-State
Leveraging
Funds
$85,200
Project Duration
(in years) 2
Please indicate which of the following project types of SLR Adaptation Planning will be addressed by the proposed project (check all that apply):
☐ Community Visioning (Phase 1)
☐ Vulnerability Assessments (Phase 1)
☐ Data/Information Gathering (Phase 2)
X SLR Adaptation Plans (Phase 3)
☐ San Francisco Bay Shoreline Adaptation Plans (Phase 3) ☐ Sector Specific Adaptation Plans (Phase 3) - Please refer to Section III. G. Proposal Requirements of the Solicitation for instructions regarding projects seeking to complete a Sector Specific Adaptation Plan.

9.4 3 FULL PROPOSAL|CNRA OPC 721
Section 2: Application Completeness Checklist
Item Requisite Complete
Section 1: Cover Page Required X
Section 2: Application Completeness Checklist Required X Section 3: Project Description Required X
Section 4: Project Work Plan Required X
Section 5: SLR Adaptation Criteria Justification Required X Section 6: Project Schedule and Major Deliverables Required X Section 7: Budget Required X
Section 8: Supplemental Documents
a. Project Team Resumes or Curricula Vitae Required X
b. Nonprofit Organization Pre-Award Questionnaire Required* NA c. Project Letters Required X
*Required for nonprofit organizations only

9.5 4 FULL PROPOSAL|CNRA OPC 721
Section 3: Project Description
Summary. The City of Santa Cruz’ 4.5 mile coast took a beating the past two storm seasons.

While the City has undertaken significant coastal climate adaptation efforts in recent years to address episodic storm events and slower impacts from sea level rise, coastal storm damage in winter 2023 created a renewed community imperative to address coastal change. The proposed project builds upon this work, creating implementation “blueprints” for 3 coastal subareas. The project integrates the City’s developing adaptation pathways approach with new information, policy, planning guidance and diverse engagement to produce communitysupported, fundable implementation deliverables: the East Cliff, Beaches, and West Cliff Shoreline Adaptation Blueprints. Blueprints will reference extensive prior work on existing conditions, future vulnerabilities, feasibility of adaptation alternatives, visioning and equitable engagement. Blueprints informed by technical, youth and equity advisors and deep and innovative engagement will be accessible with compelling visualizations of strategies and projects. Leveraging considerable momentum, existing partnerships and new knowledge, this project aims to level set planning across the City’s coast, align local and regional plans, and catalyze the City into implementation of its coastal community vision.

Project Description. The project is a Track 1, Phase 3 Planning project that will result in the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint, covering the entire 4.5 miles of coastline within the City limits and comprised of three implementation focused blueprints for the West Cliff, Beaches and East Cliff coastal subareas (see figure below for coastal subareas).

The goal of the project is to develop and deliver accessible, community-supported, Shoreline Adaptation Blueprints for three subareas of the City’s coastline to accelerate investment in implementing coastal resilience visions and projects. Carrying out the (draft) policies in the City’s new Beaches and Bluffs chapter of the Local Coastal Program (LCP) amendment

9.6 5 FULL PROPOSAL|CNRA OPC 721
developed in collaboration with Coastal Commission staff since 2019 and slated for adoption before the end of 2024, there are 5 objectives for the project:

1. Level set coastal adaptation planning across coastal subareas and OPC planning criteria.

2. Conduct diverse, equitable and innovative engagement to validate visions and prioritize projects across each coastal subarea.

3. Align with other local and regional plans and projects (e.g., Santa Cruz County, State Parks)

4. Produce policies to integrate into the Implementation Plan of a future LCP Amendment

5. Catalyze the city's transition to funding implementation for near to medium term coastal adaptation projects.

Each coastal subarea’s Blueprint will be supported by diverse advisors and innovative engagement. Each Blueprint will be accessible with compelling, easy to understand visualizations of coastal management strategies resulting from deep engagement. The 3 Blueprints will be accompanied by a set of 4 Technical Briefs which will include level setting of information and data, financial and resourcing moves, adaptation pathways and coastal change monitoring refinements, and community engagement summaries. The Blueprints will include prioritized projects as well as LCP Implementation Plan policy recommendations and explicit change management requirements that the City can immediately act upon. Communications tools include enhancements to the City’s bilingual Virtual Reality Sea Level Rise Explorer app, coordination with artists in residence with local CBOs, and accessible Blueprints in print and digital media.

This project supports 3 of the 4 goals contained in the OPR Strategic Plan (2020-2025): Goal 1, Objective 1.1 Building Resilience to Coastal Hazards; Goal 2, Objectives 2.1-2.4 Enhanced engagement and improved coastal access; Goal 3, Objective 3.1 Protect and Restore Coastal Marine Ecosystems
Relative Need for SLR Planning and Likelihood of Success. The influence of a changing climate with forecasted increases in sea level rise, frequency and intensity of storm events, and temperature will continue to change East Cliff, the Beaches and West Cliff. Measurable impacts from coastal hazards included between one to four inches of erosion every year between 1956 to 2018, up to a foot of erosion annually depending on the severity of episodic storm events, and $35 million in storm damages incurred in just the past two years; all of which are expected to increase as a result of the exacerbating effects of climate change.

The City has conducted extensive coastal climate adaptation work over the past 5 years for different segments of its coastline under its Resilient Coast Santa Cruz 1.0 initiative (2018-2022) and West Cliff Resilient for All visioning process (2023-2024). In its Sea Level Rise Vulnerability Assessment (2018), the City mapped up to 5.6 feet of sea level rise plus 100-year storm and projected property, infrastructure and social impacts under a business as usual (BAU) coastal

9.7 6 FULL PROPOSAL|CNRA OPC 721
management scenario. Between East Cliff and Seabright Beach, bluff erosion may impact coastal access and beach dune habitat by 2030 and roadways and private homes by 2060. By 2100 most of Main and Cowell Beaches are projected to be inundated during high tides. The West Cliff Drive Vulnerability Assessment completed in 2020-2021 indicates that by 2025, five to 25 feet of erosion is projected to occur along West Cliff depending on soil composition and condition of coastal armoring. Under a BAU coastal management scenario, property and infrastructure exposed to climate related impacts were valued at $1 billion.

The City has a number of coastal management and climate change related projects in progress currently. The City, funded through a second CA Coastal Commission grant, is in the process of completing a Beaches and Bluffs Chapter of its LCP Land Use Plan Update to be adopted by end of 2024 with new coastal management and adaptation pathways policies. The City is will also complete a Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study and Flood Control and Climate Change studies by March, 2025. The City is actively seeking funding with 13 partners to refine and deploy its Coastal Change Monitoring Network to track the City's adaptation pathways approach to coastal management; as part of that part of that network, by April, 2024, a tidal gauge will be installed at the Santa Cruz Wharf.

The City’s priority and momentum in stacking resources and aligning across technical, policy and public engagement efforts indicates its readiness to successfully carry out the next iteration of planning with the community and determine concrete moves for implementation. With community partners and advisors, a seasoned leadership team will ensure the success of this complex project as the City continues to deepen relationships with accessible outreach.

Community Description. The City of Santa Cruz sits on unceded territory of the Awaswasspeaking Uypi tribe. It is the county seat of Santa Cruz County, with 62,000 residents, located on the Central Coast of California about 70 miles south of San Francisco, and is subject to a range of climate hazards from wildfire to sea level rise. Its 4.5 urban coastline features includes sandy beaches, rugged cliffs, and rocky shores shaped by the ocean's constant erosion and deposition, creating a dynamic and visually striking landscape rich in biodiversity which attracts tourists year round. The Climate Change and Health Vulnerability Indicators for California indicates that Santa Cruz County’s population living in the sea level rise inundation area are defined by high exposure and medium sensitivity. The frontline Beach Flats is a 4-acre, low lying neighborhood within Census Tract 1010, situated between the San Lorenzo River and the Monterey Bay Marine Sanctuary of the Pacific Ocean. It is adjacent to the Santa Cruz Main Beach and Boardwalk, within the Main and Cowell Beaches coastal subarea. It is considered a disadvantaged community based on a variety of state and federal indices including the Parks Community Fact Finder Map and Federal Emergency Management Agency’s National Risk Index where social vulnerability is relatively high to the adverse impacts of natural hazards when compared to the rest of the United Stations. It is contained within an Opportunity Zone,

9.8 7 FULL PROPOSAL|CNRA OPC 721
characterized with a median income of $33,022 (data from the 2014-2018 American Community Survey), 30.9% Latinx households (Census 2020 Race Data), and 76.53% renter occupied units (2,896 units out 3784; Social Explorer 2021 Data). There is also evidence that community members may be linguistically isolated as 26.7% of the population reports using a language other than English in the home, in comparison to the 21.5% national average.

Over the past six years, the City conducted significant community outreach – over 5,000 touchpoints -- to share its understanding of past and future coastal change, engage community in planning processes and develop strategies for coastal management. The City’s Resilient Coast Santa Cruz 1.0 initiative (2018-2022) hosted over 50 engagements including talks with community groups, focus group meetings, workshops, and surveys to engage the public in local coastal planning. It developed innovative self-guided virtual reality tools to support this work.

As part of the LCP Amendment work (2019-current), the City, in collaboration with academic institutions and CBO partners, conducted 8 focus groups, sponsored climate art community projects, co-developed emergency family preparedness plans and kits, and conducts research on what communication best engage frontline community members on coastal climate issues.

After the January 2023 storms, the City’s Public Works Department hosted five in-person meetings about transportation and traffic issues around West Cliff. In May 2023, the City Council directed staff to conduct outreach to develop the West Cliff 50-year Community Vision that prioritized nature based solutions. Between June 2023 and February 2024, the City had 1,780 touch points through in person and virtual meetings, surveys, and public opinion research. To support the current Living Shorelines, Nature Based Solutions and Sand Management Feasibility study, the City was awarded technical assistance from the US Army Corps of Engineers’ SilverJackets program, expanding the City’s capacity for engagement to address a key finding from West Cliff Visioning engagement indicating the community needed examples and more information on nature based solutions.

City staff also are actively involved in peer knowledge exchange networks, frequently presenting on adaptation pathways, coastal monitoring, and equitable, innovative community engagement, e.g., CA Adaptation Forum and international “Adaptation Pathways in Action” webinar series hosted by the Practitioner Exchange for Effective Response to Sea Level Rise.

Tribal Partnership. Santa Cruz sits on the unceded territory of the Awaswas speaking Uyipe tribe. Since there are no longer Uyipe descendents, the land is stewarded by other tribal groups including the Amah Mutsun Tribal Band (AMTB). The City has previously engaged with AMTB in Resilient Coast 1.0 and AMTB served as an equity advisor on and held formal consultation regarding the Climate Action Plan 2030 project (2021-2022). Recognizing that tribal people have many demands and priorities, we will request to conduct a formal consultation with the AMTB and invite them to participate as a compensated equity advisor/fellow to the project.

9.9 8 FULL PROPOSAL|CNRA OPC 721
Section 4: Project Work Plan
This is a go-big project for the City, aiming to boldly keep momentum in defining and realizing the visions for each of the 3 coastal subarea. The Resilient Coast Santa Cruz 2.0 project involves 7 discrete tasks along a 2 year time horizon, delivering 3 subarea Shoreline Adaptation Blueprints with Technical Briefs as supporting documentation. The City is adept at delivering on fast pace, innovative and complex coastal management projects with a project delivery model that allows for inclusive and meaningful engagement.

Task 1 Project Administration and Reporting
Laura Schmidt, Assistant City Manager, will lead the project and act as Project Director, overseeing coordination with the Staff Coastal Work Team and lead technical consultant. Dr.

Tiffany Wise-West, P.E., Sustainability and Resiliency Officer, will manage day-to-day project operations, supported by a part-time Resiliency Planner funded by the project. The Staff Coastal Work Team, consisting of key staff, will collaborate with the Technical Consultant monthly. An Advisory Committee and equity Advisors will provide guidance. Wise-West will be aided by a grant administration consultant for reporting and project management consultant for logistics as well as 4 youth and/or equity fellows to assist with various facets of the project. The Resiliency Planner will assist with administrative tasks. The technical consultant will prepare meeting agendas and notes for various committees and maintain the master project schedule.

Deliverables: Quarterly reporting; Gantt Chart; Project organization chart Task 2: Competitively Engage Consulting Services
The Project Manager and representatives from the Staff Coastal Work Team, will competitively select vendors for the primary technical consultant. Resiliency Planner will assist with logistics.

Grant administration consultant will produce the content needed for the competitive solicitations, e.g., request for quote language, request for proposal language, intent to award/notice to bidders language, and will facilitate execution of professional service agreements/amendments.

Deliverables: TBD Technical Consultant professional services agreements with state terms Task 3: Information Compilation and Level Setting
The Project Manager and Resiliency Planner will work with technical consultant to establish a Shared Repository of all prior work (e.g. visioning, vulnerability assessments, cost benefit analyses, alternative analyses, adaptation pathways and coastal change monitoring, engagement) by subarea. The technical consultant will prepare a Draft and Final Data Summary Technical Brief, reviewed Staff Coastal Work team, and community, youth and equity advisors.

This brief will inventory past work, assess gaps, and include a qualitative evaluation to level set to current planning guidance, policies, local and regional plans and science. One “Community

9.10 9 FULL PROPOSAL|CNRA OPC 721
Conversation” in each subarea will be conducted to “level set” the knowledge of neighbors and interested parties and share what the project will entail. The project team will update City Council on the project during this task.

Deliverables: Shared Repository of Data Sources, Draft and Final Data Summary Technical Brief; Innovation design competition announcement; City Council Agenda reports and presentation.

Task 4: Community Engagement
We will leverage the City’s substantial relational network to mobilize around Resilient Coast Santa Cruz 2.0. The City will open equitable avenues for engagement such as compensated youth equity fellowships, equity advisors and frontline resident subject matter expertise. The Beach Flats liaison and multi departmental coastal work team as well as designer, interpreters, translation services, grant administration and other vendors will deliver accessible engagement and deliverables, meeting State and Fed access requirements for written documents.

The Resiliency Planner will collaborate with the Technical Consultant's engagement subcontractor, Virtual Reality app designer (Virtual Planet Technologies, LLC), and other vendors to plan and carryout community engagement activities, following the City’s equitable practices for engagement. Three Community Conversations will be held in each coastal subarea and up to 12 Small Focus Groups in total at key milestones. Virtual Reality tools will depict coastal adaptation strategies by subarea, allowing self-guided exploration and an immersive experience at community conversations. A formal tribal consultation with the Amah Mutsun Tribal Band will be facilitated.

The Project Manager, in partnership with Santa Cruz Works tech hub, will co-sponsor a coastal adaptation technology accelerator cohort and co-launch a coastal innovation pilot implementation design competition at the biannual Blue Innovation event to encourage excitement and outside of the box thinking. Costs for design, marketing, postage and advertising are included. The competitively selected coastal innovation pilot implementation project team will earn $15,000. The City will partner with Coastal Watershed Council to deliver art related engagement events and pieces with their artist in residence program. Public opinion polling will be conducted with a statistically significant sample to gauge community preferences for each coastal subarea.

A Technical Brief prepared by technical consultant, reviewed by staff and advisors, will include the public opinion polling findings and how engagement feedback was integrated into each key deliverable. Two staff will travel to present at one state climate practitioner forum, e.g., CA Adaptation Forum and staff will take other opportunities to share progress and outcomes (e.g., Cal Coastal Cities, Central Coast Climate Collaborative, Green Cities CA, others).

9.11 10 FULL PROPOSAL|CNRA OPC 721
Deliverables: Agendas, meeting notes from all community engagement; Draft and Final Engagement Summary Technical Briefs; Virtual Reality Sea Level Rise Explorer app enhancement; Innovation design competition proposals; Slide decks for peer exchange Task 5: Refinement of Adaptation Pathways Approach
The technical consultant will assess available adaptation pathways, updating Resilient Coast Santa Cruz 1.0 pathways, triggers and thresholds with new data gleaned in recent projects, cost benefit analysis, and Resilient Coast Santa Cruz 2.0 engagement outcomes, including the innovation design competition results. Pathways will be refined and defined by coastal subarea, feature and asset along with sequencing triggers and thresholds. Technical consultant will also assess cross jurisdictional impacts and tradeoffs of each pathway and project. Adaptation pathway visualizations produced by a designer will be used in engagement meetings, an online Storymaps dashboard and the Virtual Reality app and be reviewed by youth, equity fellows, advisory committee, and city staff to refine before presentation to the public. Coastal Conversations will take place to gain feedback on recommended adaptation pathways and prioritize projects in each of the three subareas. A Draft and Final Adaptation Pathways Technical Brief will document adaptation pathway and project recommendations as well as refinement to the preliminary design of the coastal change monitoring network to track adaptation pathways. Public opinion polling will be conducted during this task to assess support for recommendations, conducted by a research consultant with demographic differences noted. The project team will present the final Technical Brief to City Council for direction to proceed to preparing Blueprints with meeting materials prepared by the technical consultant.

Deliverables: Draft and final adaptation pathways Technical Brief, visualizations and Storymaps. Agenda report and slide deck for City Council Task 6: Financial Analysis + Planning
Technical consultant will conduct a financial analysis and develop a simple financial model to inform decisions on capital investment planning and next step, implementable funding sources including neighborhood and overlay scale climate resilience districts, green bonding, parametric insurance pilots programs and other financing mechanisms. The analysis will be summarized in a draft and final technical brief and will include concrete moves for accelerating accessing funding and financing for priority projects including the innovation design competition winning pilot project. A technical brief will summarize this analysis using simple to understand language and charts/graphs to illustrate key points to decision makers and the public. The technical consultant will assess the organizational structure and processes and ensure the Technical Brief will include future resource, training, budgeting and change management moves for the City to implement. The draft Technical Brief will be reviewed by youth, equity fellows, advisory

9.12 11 FULL PROPOSAL|CNRA OPC 721
committee, and city staff. Staff will present the findings to City Council with the agenda report and slide prepared by the Technical Consultant
Deliverables: Draft and Final Financial Planning Technical Brief and financial model; City Council Agenda reports and presentation slide deck
Task 7: Develop Shoreline Adaptation Blueprints
The technical consultant will compile 3 accessible Shoreline Adaptation Blueprints with detailed implementation plans for West Cliff, the Beaches and East Cliff. Blueprints will be accessible and graphically rich, documenting adaptation pathways decisions, prioritized projects, next step funding and resource moves, recommended LCP IP policies and include final technical briefs as appendices. The project director, project manager, and technical consultant will coordinate reviews by the staff coastal work team and advisors on the administrative Blueprints. Public feedback will be gathered on draft Blueprints through Community Conversations, surveys, focus groups, and the virtual reality Sea Level Rise Explorer App. Final Blueprints will be presented to City Council for adoption, supported by agenda reports and presentations prepared by the technical consultant. The formal tribal consultation will take place at the start of this task. This task budget includes translation, interpretation, accessibility design, and printing and which will be coordinated by the Resiliency Planner.

Deliverable: Administrative, Draft and Final West Cliff, Beaches and East Cliff Shoreline Adaptation Blueprints with Technical Brief Appendices; City Council Agenda Report and Presentation Slide Decks

9.13 12 FULL PROPOSAL|CNRA OPC 721
Section 5: SLR Adaptation Criteria Justification
Missing Criteria Justification
The project and deliverables proposed address every OPC criteria. This project will reference and build upon extensive prior work on visioning, existing conditions, future vulnerabilities, coastal adaptation alternatives feasibility analyses, community engagement, LCP policies and preliminary adaptation pathways and coastal monitoring designs. This project brings that work together, adding new information, guidance, planning and engagement into cohesive blueprints for coastal adaptation.

The City has completed vulnerability assessments for all 3 subareas, by natural feature, infrastructure asset and social vulnerability under its Resilient Coast Santa Cruz 1.0 initiative (2018-2022) to understand potential impacts of sea level rise, erosion and coastal storm flooding and combinations thereof under various scenarios.

The project includes outreach, education and community engagement in a variety of ways, engaging environmental justice community based organizations (CBOs), youth and other community equity advisors and facilitating tribal consultation, building on award winning and impactful and diverse engagement.

The Blueprints will include actionable and refined adaptation pathways, triggers and thresholds, specifying coastal change conditions to monitor and enabling conditions for implementation e.g., next step funding moves and identification of priority projects by subarea, natural feature and asset, informed by robust community engagement.

Cross jurisdictional impacts and tradeoffs will be included in project deliverables and deliverables will align with other local and regional plans, be consistent with the Coastal Act and reflect statewide planning guidance and policy.

9.14 13 FULL PROPOSAL|CNRA OPC 721
Section 6: Project Schedule and Major Deliverables
Project Schedule
Year 1
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Year 2
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Major Deliverable Milestones
Task Deliverable Name Estimated Due Date
Task 1:

Administration
Coordination and
Reporting

1. Quarterly Reports

2. Project Gantt and Organization Chart

1. Quarterly

2. Month 2
Task 2: RFP for
consulting services

1. Technical consultant(s) contract 1. Month 4

9.15 14 FULL PROPOSAL|CNRA OPC 721
Task 3: Information
Compilation and
Level Setting

1. Draft and Final Data Summary Technical
Brief with inventory of all prior visioning,
vulnerability assessments, feasibility studies,
planning, financial and cost benefit work,
engagement, policy and monitoring work
including gaps in data and alignment across
plans and qualitative evaluation of updates
needed to meet OPC Guidelines

2. Brief appendix: New data sets as needed to
level set across OPC criteria and updated
guidelines

1. Draft Memo
Month 6

2. Final Memo and
Appendix
Month 8
Task 4: Community
Engagement

1. Agendas, meeting notes from up to 9
community conversations, quarterly
advisory committee meetings, up to 12
small focus groups

2. Formal tribal consultation documents

3. Enhanced Adaptation Pathways ESRI
storymaps and Virtual Reality Sea Level
Rise app

4. Draft and Final Engagement Summary
Technical Brief

5. Agenda reports and slide decks for
Commission and City Council meetings
(assuming 4 in total) and for session on
project at one peer exchange forum

1. Months 2 - 24
Task 5: Refinement
of Adaptation
Pathways by
segment and
feature

1. Draft and final adaptation pathways
mapping and visualizations

2. Draft and Final Technical Brief with specific
prioritized projects, pathways maps, updated
triggers/thresholds and coastal change
monitoring network specifications

1. Draft Maps and
Memo month 10

2. Final Maps and
Memo month 14
Task 6: Financial
Analysis

1. Financial model; Draft and final technical
brief with financing analysis and other
financing mechanisms recommendations as
well as concrete next steps to proceed with
financing.

1. Draft Brief month
16; Final Brief and
model month 18
Task 7: Develop
Shoreline
Adaptation Plans

1. Administrative, Draft and Final Adopted
Shoreline Adaptation Blueprints including final
technical briefs as appendices

1. Admin draft month
19; public review
draft month 21; final
adopted blueprints
month 23

9.16 15 FULL PROPOSAL|CNRA OPC 721
Section 7: Budget
Budget Template
Budget Justification
Task 1. Includes $16,000 for to be determined (TBD) staff Resiliency Planner, $64,000 for a grant administrator consultant based on 8 quarterly reports, $60,000 for project management consultant to coordinate logistics.

Task 2. Includes $6,000 for TBD Resiliency Planner and $6,000 for the grant administrator.

Task 3. Includes $8,000 for TBD Resiliency Planner, $50,000 for technical consultant to compile information and align planning to produce Technical brief and $6,000 in marketing and advertising to launch the coastal innovation pilot implementation project design competition.

Task 4. Includes $24,000 for TBD Resiliency Planner, $60,000 for technical/accessibility consultants, $30,000 for stipends and youth/equity fellowships, $10,000 for translation and interpretation, $6,000 for a design contractor, $60,000 for virtual reality app enhancements, $30,000 for public opinion research firm, $12,000 for mailings, meeting supplies, signage and advertising, and $15,000 to a TBD competitively selected firm for winning pilot implementation project design competition. $15,000 is allocated to Santa Works to support the coastal adaptation tech accelerator cohort, innovation competition and Blue Innovation event. $10,000 is allocated to Coastal Watershed Council to coordinate art related engagement with their artists in residence. Travel is allocated for 2 City staff ($1,970) to fly to CA Adaptation Forum, 3 nights at the state hotel rate, mileage and rideshares to and from airport; and for 2 members of the technical consulting team and 1 CBO through their subcontracts with the City ($2,795).

Task 5 includes $5,000 for TBD Resiliency Planner and $60,000 for technical consultant.

Task 6 includes $5,000 for TBD Resiliency Planner and $60,000 for technical consultant.

Task 7 includes $14,000 for TBD Resiliency Planner, $220,000 for technical consultant to develop draft and final Blueprints, $16,000 for translation and $8,000 for printing of Blueprints.

City staff in kind labor match is estimated at $85,200 (Schmidt at $28,800; Wise-West at $38,400 and Coastal Work team members at a minimum of $18,000).

9.17 16 FULL PROPOSAL|CNRA OPC 721
Section 8: Supplementary Documents
Project Team Resumes or Curricula Vitae
• Laura Schmidt, Assistant City Manager
• Dr. Tiffany Wise-West, P.E., Sustainability and Resiliency Officer Project Letters
• California Coastal Commission
• California Department of Parks
• Santa Cruz County
• University of California Coastal Science and Policy Program • Coastal Watershed Council
• Save the Waves
• Santa Cruz Works

9.18 Laura Schmidt phone 775.240.2508
email [email protected]
LinkedIn www.linkedin.com/in/lauraschmidt37
Experience
2019 –
present
2013 –
2014
Assistant City Manager (City of Santa Cruz)
 Acts as City’s chief operating officer and City Manager’s Office department head.
 Oversees City’s administrative departments – City Manager’s Office, Clerk’s Office, IT, Finance, and Human Resources.  Leads various citywide programs, ad hoc council committees, council onboarding, ballot measures, and strategic planning.  Specific project achievements include City’s first 3-year homelessness response plan, latest City 5-year strategic plan, and leadership of West Cliff project, post-atmospheric rivers.

Information Technology Director (City of Santa Cruz)
 Managed City’s full-service IT shop, including 20 FTEs (2 enterprise funded), ~$5 million general fund operating budget, and ~$1 million for capital investment projects.
 Served concurrently as IT Director and Assistant City Manager for 9 months.

Chief Information Management Officer (Washoe County)
 Led Washoe County’s Technology Services Department, a fullservice IT shop that included an innovative SAP ERP* backbone, geographic information services, a regional shared services radio communications group, and 80+ staff.
 Oversaw budget that included ~$12 million general fund, ~$3 million in capital, and ~$5 million across special revenue funds.  Established the foundation for a shared business licensing and permit platform among the County, District Health, and the cities of Reno and Sparks.

IT Manager (Washoe County)
 Managed IT division of 15-20+ employees – SAP, help desk and field services, strategic planning, and special projects.  Led implementation of County’s Fundamental Service Review recommendations for County Manager’s Office, winning
Nevada’s Cashman Good Government Award in 2013.

Business Systems Analyst III (International Game Technology) Senior Business Systems Analyst (Washoe County)
Senior Manager, IT Program Office (Palm, Inc.)
Coordinated program office that built a full IT architecture and new applications at Palm in nine months.

SAP Program and Operational Manager (Hewlett-Packard)
Product Strategy Manager (PeopleSoft, Inc.)
Senior Manager, High Tech Industry (Accenture - clients included Hewlett-Packard, Cadence, Autodesk, Motorola, and Texas Instruments)
 Responsible for client relationship management, project team management, integration across teams and functions, process re-engineering subject matter expertise (order to cash, procure to pay, financials), training, and new business development.  Took over a Cadence team that was three months behind schedule to enable an on-time go-live date - saving ~$2 million in implementation costs.
1998 –
2006
1990 –
1997
*SAP is a leading enterprise resource planning application suite. 2014 –
2020
2006 –
2012
Profile
Available upon request.

University of the Pacific,
Bachelor of Arts in
History (plus accounting
focus), Magna Cum
Laude
Certified Government
Chief Information
Officers Program at
the University of North
Carolina’s School of
Government
Strategic planning
Creative facilitation
Project management
Administration
Customer service
Political savviness
Closer (get ‘er done!)
Spirit of service
Driven to add value
Gap-filler and self-starter
Engaging and humorous
Bridge builder and
integrator (internally +
with community)
Skills
Education
References

9.19 T I F F A N Y W I S E - W E S T, PE, PHD
4795 OPAL STREET ▪ CAPITOLA, CA 95010
(8 3 1) 3 4 5 - 1 3 2 8 | [email protected]

EDUCATION
UNIVERSITY OF CALIFORNIA, Santa Cruz, CA – PhD (2014), MA (2012), Environmental Studies (2014) PURDUE UNIVERSITY, West Lafayette, IN - Bachelor of Science, Civil/Environmental Engineering (1995) PROFESSIONAL LICENSURE + EXPERIENCE
Professional Civil Engineer Registration in the State of California No. C67090 2004 – present CITY OF SANTA CRUZ CITY MANAGER’S OFFICE, Santa Cruz, CA 2013 – present Sustainability and Resiliency Officer responsible for leading internal staff teams and external community groups to successfully plan and implement impactful and award-winning emissions mitigation and climate adaptation projects, policy and programs. Staff lead on the Health in All Policies initiative. Leads regional collaborative networks and over $30M in grant proposals annually. Previously served as climate action manager and outreach coordinator.

ECOSHIFT CONSULTING, INC., Santa Cruz, CA 2010 – 2017
Principal Engineer responsible for effective management of staff and consultant teams in producing stellar analytics and planning and design deliverables for infrastructure energy, water, climate, sustainability and green technology projects.

GEORGIANA BRUCE KIRBY PREPARATORY SCHOOL, Santa Cruz, CA 2007 – 2010 Athletic Director, Mathematics & Environmental Educator, & Green Committee Founder designed curriculum using real work environmental issues as the vehicle to instruct math and environmental concepts. Designed and implemented innovative Wellness Program. Founded green committee implementing sustainable practices, programs and infrastructure.

UTILITY SERVICES, INC., Sand City, CA 2005 – 2007
Associate Engineer & Project Manager
CITY OF SANTA CRUZ WATER DEPARTMENT, Santa Cruz, CA 2001 - 2003 Assistant Civil Engineer & Construction Inspector
KIOWA ENGINEERING CORPORATION, Colorado Springs, CO 1998 - 2000 Project Engineer & Assistant District Engineer.

CT CONSULTANTS, INC., Willoughby, OH 1995 - 1998
Project Engineer, Assistant City Engineer & Industrial Pretreatment Program Coordinator SERVICE + AWARDS
Green Cities California, Co-Chair and Steering Committee Member 2023 Monterey Bay Regional Climate Project Working Group, Vice Chairperson 2023 Central Coast Climate Collaborative, Steering Committee, Chairperson (2018-2020, 2022) 2017 – present Central Coast Energy Services, Board of Directors, Director and Secretary (2023-2024) 2017 – present Santa Cruz Sunrise Rotary, Member, Board Member (2017-2018); Community Service Chair 2015 – present Top 100 US Local Government Influencers for 2022 2022
County of Santa Cruz District 2 Commission on the Environment, Chair (2019-2021) 2013 – 2022 Award of Excellence for Exploration & Implementation of a Health in all Policies Framework 2020 Save our Shores of Santa Cruz, Ocean Hero Award 2019
American Planning Association Northern CA Chapter, Award of Merit Social Environmental Justice 2018 American Society of Adaptation Professionals, Regional Adaptation Leadership Award 2018 Silicon Valley Leadership Group Turning Red Tape to Red Carpet (team leader for GreenWharf) 2016 California EPA Governor’s Environmental and Economic Leadership Award (team leader for GrnWharf) 2014 United Way Community Heroes Award for the Natural Environment (team leader for Green Wharf) 2013 Community-Managed Water System Planning, Bacho Tanzania, Engineer and Special Advisor 2010 –2012 Strategic Health Communications, Watsonville, CA, Board Member, Secretary of Board 2006 –2010

9.20 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 228
SAN FRANCISCO, CA 94105-2219
VOICE (415) 904-5200
WEB: WWW.COASTAL.CA.GOV
March 21, 2024
Ocean Protection Council
715 P St., 20th Floor,
Sacramento, CA 95814
Re: SB 1 Sea Level Rise Adaptation Grant Program Solicitation – Letter of Support Dear Ocean Protection Council,
Coastal Commission (CCC) staff are writing in support of the City of Santa Cruz’s proposed project entitled Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprints. CCC staff and City of Santa Cruz staff have a long history of coordination on coastal resilience efforts, and we believe that the proposed grant will serve as an important step forward in advancing the City’s work.

CCC worked with the City on various projects over the past several years that will serve as the basis for the proposed project, including its Resilient Coast Santa Cruz 1.0 work that included Coastal Commission funding support. CCC staff are currently working with City staff on the City’s Local Coastal Program as well as the initial development of adaptation pathways and triggers that reflect uniquely robust and thorough equitable community engagement. CCC staff have also coordinated with the City on its specific efforts related to adaptation planning for West Cliff Drive and the City’s 50-Year Visioning effort.

We look forward to the next steps in the City’s work and intend to continue coordinating, particularly on elements related to the City’s Local Coastal Program and other projects requiring Coastal Development Permits.

The City of Santa Cruz has a history of exceptional efforts with community engagement and proactive coastal resilience planning, and Coastal Commission staff are pleased to write in support of their proposal that will continue this work.

Please contact me if you have any questions or need more information, you can contact me at [email protected].

Sincerely,
Kevin Kahn
Central Coast District Manager | California Coastal Commission

9.21 State of California • Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director March 21, 2024
Ocean Protection Council
715 P St., 20th Floor,
Sacramento, CA 95814
Re: SB 1 Sea Level Rise Adaptation Grant Program Solicitation – Letter of Support Dear Ocean Protection Council,
The California Department of Parks and Recreation writes in full support of the City of Santa Cruz’ proposed project entitled, Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprints. The City has made impressive strides over the past 6 years to characterize its coastal vulnerabilities including sea level rise, assess different strategies for adapting the coastline, and conduct equitable community engagement on coastal resilience. The SB 1 Sea Level Rise Adaptation Grant Program Solicitation affords the City and its partners a unique opportunity, both in timing and scale of funding, to draw on substantial prior work to develop community supported and implementable shoreline adaptation blueprints for each of the three coastal subareas:

West Cliff, the Beaches, and East Cliff.

My organization has partnered with the City on coastal resilience work, participated in Resilient Coast Santa Cruz 1.0 activities, and/or serves in an advisory capacity to the City on coastal management and resilience. We are eager to engage in this important project and intend to
• will serve as or recruit a youth and/or equity advisor and participate in 4 deliverable review processes and 4 advisory committee meetings or
• will help to recruit equity fellows from our program/organizations • will facilitate focus groups
• will participate in community conversations at various project milestones • will support an innovation pilot implementation project design competition.

Please contact me if you have any questions or need more information, you can contact me at [email protected] or via phone at 831-227-8390.

Sincerely,
Linda Hitchcock
Senior Park and Recreation Specialist
DocuSign Envelope ID: 70675927-E652-43B1-B5B1-388DC429B99B

9.22 9.23

9.24 UNIVERSITY OF CALIFORNIA, SANTA CRUZ

COASTAL SCIENCE AND POLICY GRADUATE PROGRAM

UNIVERSITY OF CALIFORNIA, SANTA CRUZ
115 McALLISTER WAY
SANTA CRUZ, CALIFORNIA 95060 csp.ucsc.edu
March 20, 2024
Ocean Protection Council
715 P St., 20th Floor,
Sacramento, CA 95814
Re: SB 1 Sea Level Rise Adaptation Grant Program Solicitation – Letter of Support Dear Ocean Protection Council:

I am writing in my role of Director of the Coastal Science and Policy (CSP) program at UC Santa Cruz. The CSP graduate program prepares early-career leaders to identify, innovate and implement scalable solutions to pressing coastal challenges, such as climate resilience, biodiversity conservation and environmental justice, in California and beyond. We mentor rising leaders to work closely with non-academic partners on solution-focused projects. Our interdisciplinary faculty are renown leaders in areas such as coastal processes and hazards, coastal engineering and nature-based solutions, coastal biodiversity conservation, marine protected areas, coastal governance, and environmental justice. Now in its 6th year, the program has emerged as a coastal and ocean innovation hub. We launched the nation’s first Hacking for Oceans course, are hosting the international Blue Pioneers Program, and are currently designing a professional coastal climate resilience certificate program for working professionals in the insurance industry, municipal leaders, and other sectors.

Over the last six years, our graduate students and several faculty have worked closely with Dr.

Tiffany Wise-West at the City of Santa Cruz to conduct numerous timely analyses and produce reports that have been immediately used by city staff to inform the City’s Resilient Coast Santa Cruz 1.0 initiative. We also co-led with the City a short-term planning grant from the National Science Foundation under which we convened ten additional technical and community partners to co-design an affordable coastal change monitoring system that would help guide equitable adaptation.

Thus, I am delighted to enthusiastically support this proposal by the City of Santa Cruz for a project entitled, Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprints. The City has made impressive strides over the past six years to characterize its coastal vulnerabilities including sea level rise, assess different strategies for adapting the coastline, and conduct equitable community engagement on coastal resilience. The SB 1 Sea Level Rise Adaptation Grant Program Solicitation affords the City and its partners a unique opportunity, both in timing and scale of funding, to draw on substantial prior work to develop community supported and implementable shoreline adaptation blueprints for each of the three coastal subareas: West Cliff, the Beaches, and East Cliff.

BERKELEY • DAVI S • IRVI NE • LOS ANGELES • RIVERSI DE • SAN DIEGO • SAN FRANCI SCO

SANTA BARBARA • SANTA CRUZ

9.25 We are very excited to engage in this important project. We are well positioned and eager to participate in the following ways:
• Leverage our network to help recruit a youth and/or equity advisor and participate in 4 deliverable review processes and 4 advisory committee meetings. • Help to recruit equity fellows from the talented, often award-winning and highly diverse cohorts of our graduate students in the Coastal Science and Policy program. • Help to facilitate focus groups, drawing upon our prior experience of helping the City to design and run focus groups in an early phase of Resilient Coast Santa Cruz 1.0. • Encourage and support our graduate students and faculty to participate in community conversations at various project milestones.
• Provide in-kind support to an innovation pilot implementation project design competition.

Please feel free contact me if you have any questions or need more information.

Sincerely,

Anne R. Kapuscinski
Director, Coastal Science and Policy Program
Professor, Environmental Studies Department
Robert Headley Presidential Chair for Integral Ecology and Environmental Justice [email protected] | 831-502-8722 | cell 651-402-9124

9.26 COASTAL WATERSHED COUNCIL
107 Dakota Ave., Suite 4, Santa Cruz, CA 95060 · (831) 464-9200 www.coastal-watershed.org
March 19, 2024
Ocean Protection Council
715 P St., 20th Floor,
Sacramento, CA 95814
Re: SB 1 Sea Level Rise Adaptation Grant Program Solicitation – Letter of Support Dear Ocean Protection Council,
The Coastal Watershed Council is a 501(c)(3) non-profit based in Santa Cruz, CA, working to transform the lower San Lorenzo River into a community destination by inspiring people to explore, enhance and protect this critical natural resource. CWC’s four key programs include youth empowerment, habitat enhancement, water quality improvement, and community building. Our work takes place on unceded territory of Awaswas-speaking Uypi tribe.

I write in full support of the City of Santa Cruz’ proposed project, entitled Resilient Coast Santa Cruz

2.0: Shoreline Adaptation Blueprints. The City has made impressive strides over the past 6 years to characterize its coastal vulnerabilities, including sea level rise; assess different strategies for adapting the coastline; and conduct equitable community engagement on coastal resilience. The SB 1 Sea Level Rise Adaptation Grant Program Solicitation affords the City and its partners a unique opportunity, both in timing and scale of funding, to draw on substantial prior work to develop community supported and implementable shoreline adaptation blueprints for each of the three coastal subareas: West Cliff, the Beaches, and East Cliff.

The Coastal Watershed Council has partnered with the City on coastal resilience work and participated in Resilient Coast Santa Cruz 1.0 activities, particularly through engagement with the Beach Flats and Lower Ocean neighborhoods adjacent to the Beaches subarea in Santa Cruz.

We are eager to engage in this important project and intend to:
• participate in 4 deliverable review processes and 4 advisory committee meetings • help to recruit equity fellows from our programs
• facilitate focus groups
• participate in community conversations at various project milestones Please contact me if you have any questions or need more information. You can reach me at [email protected] and (831) 464-9200.

Sincerely,
Laurie Egan
Executive Director

9.27 March 20, 2024
Ocean Protection Council
715 P St., 20th Floor,
Sacramento, CA 95814
Re: SB 1 Sea Level Rise Adaptation Grant Program Solicitation – Letter of Support Dear Ocean Protection Council,
I am the ED of Santa Cruz Works, a non-profit dedicated to boosting the entrepreneurial ecosystem throughout Monterey Bay, California. We support local talent, startups, and businesses through events, networking, education, and advocacy, aiming to enhance employment, entrepreneurship, and quality of life in the community. Over 17 years, we now have 14,000 members.

I write in full support of the City of Santa Cruz’ proposed project entitled, Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprints. The City has made impressive strides over the past 6 years to characterize its coastal vulnerabilities including sea level rise, assess different strategies for adapting the coastline, and conduct equitable community engagement on coastal resilience. The SB 1 Sea Level Rise Adaptation Grant Program Solicitation affords the City and its partners a unique opportunity, both in timing and scale of funding, to draw on substantial prior work to develop community supported and implementable shoreline adaptation blueprints for each of the three coastal subareas: West Cliff, the Beaches, and East Cliff.

My organization has partnered with the City on various activities involving technical innovation and workforce development, including our annual event Blue Innovation hosting 40+ exhibits and workshops focused on sea level rise solutions . We are eager to engage in this important project and intend to act as a promotional partner for the Coastal Resilience Innovation Pilot Design Competition and will participate in community conversations at various project milestones.

Please contact me if you have any questions or need more information, you can contact me at [email protected] / m. 408.439.0012.

Sincerely,
Doug Erickson
Executive Director
Santa Cruz Works
101 Cooper Street,
Santa Cruz, CA 95060 www.santacruzworks.org

9.28 March 21, 2024
Ocean Protection Council
715 P St., 20th Floor,
Sacramento, CA 95814
Re: SB 1 Sea Level Rise Adaptation Grant Program Solicitation – Letter of Support Dear Ocean Protection Council,
Our mission at Save The Waves Coalition is to protect surf ecosystems across the globe. Our programs run the gamut from creating protected areas, ensuring and effective stewardship, to running campaigns to protect these important coastal ecosystems. Our flagship program is the World Surfing Reserves, With a total of 12 locations around the globe. One of these locations is the city of Santa Cruz where our work in the Santa Cruz World Surfing Reserve serves as a model for climate and resilience projects in California and across the globe. We recently received grant support from OPC to examine the climate vulnerability and economic value of the surf breaks in Santa Cruz to help the city make more effective decisions about their natural capital.

I am writing in support of the City of Santa Cruz’ proposed project entitled, Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprints. The City has made impressive strides over the past 6 years to characterize its coastal vulnerabilities including sea level rise, assess different strategies for adapting the coastline, and conduct equitable community engagement on coastal resilience.

The SB 1 Sea Level Rise Adaptation Grant Program Solicitation affords the City and its partners a unique opportunity, both in timing and scale of funding, to draw on substantial prior work to develop community supported and implementable shoreline adaptation blueprints for each of the three coastal subareas: West Cliff, the Beaches, and East Cliff.

My organization has partnered with the City on coastal resilience work, participated in Resilient Coast Santa Cruz 1.0 activities, and we serve in an advisory capacity to the City on coastal management and resilience. We are eager to engage in this important project and intend to serve to:
● Recruit a youth will facilitate focus groups through the World Surfing Reserve ● Participate in community conversations at various project milestones ● Support an innovation pilot implementation project design competition Please contact me if you have any questions or need more information, you can contact me at email and phone number.

Sincerely,
Nik Strong-Cvetich
CEO, Save The Waves Coalition

9.29 City Council

AGENDA REPORT
DATE: 04/08/2024
AGENDA OF: 04/30/2024
DEPARTMENT: City Manager
SUBJECT: Award Contract for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study (CM)
RECOMMENDATION: Motion to award a contract to Environmental Science Associates (ESA) for the Living Shorelines, Nature Based Solutions (NBS) and Sand Management Feasibility Study in the amount of $297,000 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with ESA for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study.

BACKGROUND: 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. The University of California Santa Cruz’ Coastal Science and Policy graduate program further refined the feasibility of these potential solutions by type and location.

Together, this body of work provides a strong foundation to build upon with technical consultants to carry out the feasibility study, 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 ongoing coastal adaptation planning. With this information and community support, the City, in subsequent projects outside the scope of this project, can transition to finalizing design, permitting and implementation of feasible living shoreline, NBS and sand management solutions.

At its August 8, 2023, meeting, the City Council approved the grant proposal to the California State Coastal Conservancy (SCC) for the Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study. On September 20, 2023, SCC approved award of a grant in the amount of $500,000 to assess the feasibility of using living shorelines, sand management techniques, and other nature-based solutions to address coastal hazards and advance climate adaptation planning along the Santa Cruz coastline. The project includes preparation of a feasibility study, development of conceptual 30% level plans and specifications for one to three projects, preparation of ecological monitoring and outreach to the local community.

DISCUSSION: On January 25, 2024, staff issued a Request for Proposals (RFP) for consulting services for the Santa Cruz Living Shorelines, Nature Based Solutions and Sand Management

10.1 Feasibility Study. On March 6, 2024, the proposal submission deadline, two proposals were received and opened by the evaluation committee composed of City staff and the owners (City) representative ecologist for the project. All proposals were evaluated based on the criterion in the RFP and the qualifications presented by the consultants. Both teams were invited to participate in interviews the week of March 18, 2024. The evaluation committee determined that ESA was the most qualified proposer as shown in the evaluation scores below:

Proposer Location Score

1. Environmental Science Associates San Francisco, CA 92.0

2. Integral Consulting Inc. Santa Cruz, CA 84.4
ESA will provide services which include preparation of the feasibility study, 30% design plans and specifications for one to three projects based on the results of the feasibility study, developing ecological markers to monitor at each site as well as triggers and thresholds for implementing solutions, and conducting outreach to obtain input from the local community on the project and design plans. The project will conclude by March 31, 2025.

FISCAL IMPACT: ESA’s fee for consulting services is $297,000 to complete the scope of work. Grant funds awarded from the State Coastal Conservancy were appropriated into project number g102401 (Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study) to carry out the overall grant scope of work. There is no impact to the General Fund.

Prepared By:

Tiffany Wise-West, P.E
Sustainability and Resiliency
Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICE AGREEMENT.PDF

10.2 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 1

PROFESSIONAL SERVICES AGREEMENT FOR

THE LIVING SHORELINES, NATURE BASED SOLUTIONS AND SAND MANAGEMENT FEASIBILITY STUDY THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Environmental Science Associates (ESA) (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ________ (the “Effective Date”).

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

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

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

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

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

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

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

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

10.3 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services shall be made within the budget limit, or limits shown, and at the rates shown in Exhibit B. Such payment shall be considered the full compensation for all personnel, materials,supplies, and equipment used by Consultant in the Scope of Work.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

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

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees.

SECTION 6:CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7:TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall be on the effective date of this Agreement and terminating on March 31, 2025.

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

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

10.4 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 3
Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.

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

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.

SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

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

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

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damagessustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

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

10.5 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 4
SECTION 10:INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

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

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

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

SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

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

10.6 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 5
SECTION 14:MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. Director reserves the right to confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. No change in assignment may occur without prior written approval of the City. If after notice and an opportunity to address any concerns the City determines any project manager or other key staff is incompetent or unqualified, Consultant will be notified and will be expected to immediately address the issues to the City’s satisfaction.

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

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

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

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

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

7. Conflicts of Interest. Consultant agrees to avoid any conflicts of interest in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Unless otherwise provided herein, Consultant agreesthat all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or

10.7 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 6
disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

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

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.

10.8 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 7
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

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

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant.

Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

10.9 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 8
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work

10.10 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 9
pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

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

19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, 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 effortsto remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

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

10.11 City of Santa Cruz Professional Services Agreement for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 10

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

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express or priority U.S. Mail, addressed to recipient as follows:

To CITY:

City Manager’s Office
Tiffany Wise-West
809 Center Street
Santa Cruz, CA 95060
[email protected]
(831) 420-5433
To CONSULTANT:

Environmental Science Associates(ESA)
Dane Behrens, PhD, PE, Project
Manager
575 Market Street #3700
San Francisco, CA 94105
[email protected]
(510) 463-6743
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

29. State and Federal Requirements. When funding for the services is provided, in whole or in part, by an agency of the state and/or federal government, Consultant shall also fully and adequately comply with the State and Federal Grant Requirements in Exhibit E attached hereto and incorporated herein by reference. With respect to any conflict between such Federal Grant Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]

10.12 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 11
Approved As To Form:

By:

Barbara H. Choi,
Office of the City Attorney
Date:

CONSULTANT
By: Date:

Printed: Title:

CITY OF SANTA CRUZ
BY: ________________________________ Date:___________________ Matt Huffaker,
City Manager
April 11, 2024
4/11/2024
Christie Beeman Director

10.13 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 12
EXHIBIT A:SCOPE OF WORK
The following scope of work is based on ESA’s proposal to the City of Santa Cruz, dated March 6, 2024, submitted in response to an RFP for the project titled Living Shorelines, Nature Based Solutions, and Sand Management Feasibility Study. ESA and team of subconsultants, including Pathways Climate Institute, Farallon Strategies, Smithsonian Environmental Research Center, and Dr. Gary Griggs and Dr. Peter Raimondi of UC Santa Cruz, who will serve as technical advisors to the project team, will provide professional engineering services, resilience planning, and ecological assessments for the project. The following scope of work provides a detailed description of the services provided with specifics on project deliverables and assumptions for four (4) project tasks.

Task 1. Feasibility Study
Under Task 1, the ESA team will produce a feasibility study that builds upon prior studies, including the Resilient Coast Santa Cruz (2021), the 50-year Community Vision for West Cliff (2024), work by the USGS and others, and by examining the technical, longevity, ecological, legal, regulatory, political, financial, and social viability of various living shoreline and nature-based solutions. The study will identify the most viable solutions at specific locations along the project area from the boundary of Natural Bridges to Main Beach at the San Lorenzo River mouth. Our approach to assessing the feasibility of living shorelines and nature-based solutions is described in the following subtasks.

1.1 Existing Conditions
The ESA team will initiate the study by developing needed information and resources to describe the existing conditions of the project area. ESA understands that the City has developed much of the information required under a series of recent studies, which will be reviewed and used to establish a first cut at our understanding. We anticipate updating the information to include the changes experienced over the last several large winter storms that impacted the project area, including on January 5, 2023, and December 28, 2023. The ESA team will frame baseline conditions by leveraging this prior work to the fullest feasible extent and supplementing where necessary with other publicly available data.

To develop an effective baseline for understanding the feasibility of nature-based approaches, we anticipate the data review will include the following:
• Shoreline Change: Long-term erosion rates along West Cliff Drive, and long-term shoreline changes at Cowells and Main Beach.
• Geological setting: The ESA team will summarize geological conditions by continuing work started by Dr.

Gary Griggs as part of the West Cliff Drive Adaptation and Management Plan (2021). Dr. Gary Griggs will update the geological report that he drafted in support of the 2021 study, which will be included in the Feasibility Study deliverable as a stand-alone appendix. This work, along with other prior studies, will be used to summarize the geological setting, which will inform expectations for long-term viability of living shoreline types, opportunities for habitat restoration components, and shoreline change rates. • Wave exposure: Differences in wave exposure will be assessed using existing publicly available datasets and studies, including nearshore estimates from the Coastal Data Information Program (CDIP) and modeling completed by ESA for the Coastal Resilience Santa Cruz project. • Coastal Hydrology: ESA previously assessed peak coastal water levels as boundary conditions for the hydraulic modeling of the lower San Lorenzo River as part of the FEMA certification of the levees. Stormy coastal conditions in both 2022-2023 and 2023-2024 winters have resulted in especially high storm events, which we will incorporate into the long-term statistics of coastal water levels and use to assess the resilience of different treatment measures and their likely effectiveness in limiting erosion and flooding. • Sediment Transport: We will estimate long-term littoral sediment transport rates through a review of historical shoreline changes within the littoral cell and dredging records from the small craft harbor downdrift.

The ESA team will also consider sediment retention within the pocket beaches along the shoreline, and the sediment delivery from the San Lorenzo River through our prior work and implications on the availability and fate of beach-quality material for existing and future conditions with sea-level rise. This information on

10.14 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 13
sediments will be used to infer the expected resilience of nature-based methods that involve beneficial reuse of sandy dredged material.
• Ecology: Team members Chela Zabin and Prof. Peter Raimondi will help to define baseline ecological conditions for shoreline reaches within the project area. • Recreational / Social: The team will leverage City and County data on public recreation benefits within the project area and will rely on information collected from the community and through the focus group meetings (Task 3) to best represent the recreational and social values of the project area.

This data set will culminate in a basemap and GIS database that will be used to underpin the opportunities and constraints analysis, sea-level rise vulnerability assessment, and development of potential concept alternatives. The basemap will also be used in the development of the 30% designs (Task 2).

1.2 Opportunities and Constraints
Using the data from Task 1.1, the ESA team will identify the opportunities and constraints for implementing naturebased solutions at each shore segment. An initial screening set of opportunities and constraints will be developed, drawing from ESA’s project experience within the City of Santa Cruz, nearby sites, from prior assessments within the City, including the City’s Climate 2018 Adaptation Plan Update, 2021 Adaptation Plan, and the 2024 50-year Vision.

The screening opportunities and constraints will be revised after obtaining direct feedback from the focus groups and from the community via the first public workshop.

1.3 Develop Evaluation Criteria
After completion of the opportunities and constraints analysis, the ESA team will work with City staff to develop a set of qualitative and quantitative evaluation criteria that will be used to evaluate the nature-based solutions concepts.

Qualitative measures will include aspects such as impacts to public access, transportation, aesthetics, project readiness, permit considerations, and potential for ecosystem benefits. Quantitative measures will include expected long-term shoreline erosion rates, potential for flooding during extreme coastal events for existing and future (sea-level rise) conditions, and rough order-of-magnitude costs. These criteria will provide a means of systematically evaluating how well the concepts meet the goals and objectives of the feasibility study and maximize co-benefits. The team will work with the City to develop a complete list of potential evaluation criteria. We will consider stakeholder input in the development of evaluation criteria, which will be finalized in coordination with the City.

1.4 Concept Development
As a collaborative effort between the ESA team and City staff, we will identify a suite of potential living shoreline and nature-based solution concepts that could be implemented at all project segments. We anticipate that the first pass at identifying concepts will yield potential approaches across the gray-green spectrum, which means that this initial list would include more structural as well as more natural and hybrid approaches. We anticipate that this approach will include several steps:

1. Develop an initial roster of treatment measures. This will include measures such as implementing beaches from beneficially reused material, dune restoration, rocky intertidal habitat restoration, augmentation of headlands and restoring historic rocky features along the shore, ‘living seawall’ variants, and others.

Engineering feasibility requirements will be listed for each treatment measure, building on ESA’s prior work with The Nature Conservancy on the Natural Infrastructure Guidelines, and similar projects in Tomales Bay, Ventura County, and elsewhere in the State of California.

2. A focus group meeting will be held in a design charrette format to garner input from local stakeholders, City staff, and experts (See Task 3). This will potentially identify additional treatment measures if needed and develop information on potential advantages and setbacks of the approaches.

3. Treatment measures will be grouped into a limited number of ‘concepts’ that would be applied to a specific geographic area of the shoreline. For example, the West Cliff Drive shoreline could include a series of treatment measures working in concert, including beach augmentation, rocky intertidal restoration, and hardening of the upper shoreline with gray approaches. Along Cowells and Main Beach, example concepts could include beach nourishment and dune restoration.

10.15 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 14

4. Technical Assessments to Inform Concepts. To inform the scale, geometry, material types, and other parameters for the concepts, we will conduct limited and relevant technical assessments, such as wave runup and water levels, sediment transport and beach width effects, spatial analysis, and ecological assessments.

These assessments will be rough and concept-level only, sufficient to inform an individual concept for alternatives comparison.

5. A No-Action alternative will be considered, to help develop a quantitative basis for the benefits of naturebased solutions projects.

6. The ESA Team will use an ‘adaptation pathway’ approach to illustrate how concepts would be implemented and augmented over time, and to identify trigger points that may be needed for phased concepts.

The adaptation pathway strategy will be aligned with other City efforts for developing ecological monitoring and triggers, physical monitoring metrics, and social issues that are important to the community.

1.5 Evaluate and Rank Concepts
The ESA team will apply the screening criteria (from Task 1.3) to score the nature-based solutions concepts (from Task 1.4). Quantitative metrics (such as the potential for mitigating erosion or flooding) will be estimated based on conceptual cross sections at this stage and preliminary assumptions about layouts of project elements (both green and grey approaches). Evaluation with these metrics will be more detailed as part of the design process outlined in Task 2.

This initial scoring will be communicated with City staff to support the City in identifying 2-3 priority pilot concepts in locations where nature-based solutions may be feasible, based on appropriate shoreline conditions, supportive policies, and locations where built assets such as homes and roads could be protected. We anticipate that the prioritization process will receive additional feedback through a focus group meeting be finalizing.

1.6 Feasibility Report
The ESA team will draft and finalize the project Living Shorelines Feasibility Study. This will incorporate the supporting information developed in the subtasks above, a narrative and diagrams of the concept designs (Task 2), and summaries of public outreach as an appendix. It will include an Executive Summary with the main points for the public. The document will include images and diagrams and will be written for an audience with varying technical expertise and interests. ESA will provide a draft Study to the City for review and comment. Once City staff comments are received, ESA will incorporate and finalize the Feasibility Study.

Task 1 Deliverables
• Draft Feasibility Study Report (word and pdf documents) • Final Feasibility Study Report (word and pdf documents) • GIS database of ESRI shapefiles marking the geographic location of nature-based solutions opportunity areas.

Task 1 Assumptions
• ESA will produce a single Draft and single Final Feasibility Study Report incorporating one consolidated round of written comments from the public, City staff, and owner’s representative ecologist. City staff will collect comments and provide them to ESA.

Task 2. Design
The ESA team will develop preliminary designs for the highest ranking 1-3 projects selected by the City in Task 1. We will refine the concepts in a way that accounts for the local ecology, policies, climate change vulnerabilities, and opportunities for expanding the nature-based solutions approach into this unique setting. The design of the projects will assume the design under existing or anticipated near-term conditions for one sea-level condition to be selected in consultation with the City (e.g., 0 feet, 1 foot, 2 feet, etc., of sea-level rise). This task will include advancement of the designs and quantitative review of project performance with sea-level rise.

Design Development
The 1-3 selected concepts will be developed further to the 30% design level. This will include the following elements:
• Plan view of design conditions, including proposed grading contours,

10.16 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 15
• 1-2 Section views, detailing how the various project elements will fit together in the offshore-to-upland direction,
• Typical detail sheets for project elements, as necessary, • Quantities and costs, and
• Narrative project description, detailing how the project will work with the existing landscape to better protect the shoreline and provide additional benefits.

Evaluating Performance with Sea-Level Rise
As part of the design process, the ESA team will consider how the proposed project performs under future climate scenarios. ESA will select these scenarios in coordination with City staff, based on a review of relevant State guidance.

For each of the 1-3 design projects, the full shoreline profile (including living shoreline treatments at different elevations in the profile) will be analyzed using coastal engineering methods and in-house tools developed by the ESA team through extensive project work in central California. We will use these approaches to quantify wave runup and extreme coastal water levels with and without the project, as well as expected coastal erosion rates with and without project. This assessment will clearly demonstrate the benefit of the projects and will inform future information needs and design refinements. This will be included in a brief design memorandum deliverable accompanying the 30% design plans.

Task 2 Deliverables
• Draft 30% Design Plans and Specs,
• Final 30% Design Plans and Specs, and
• Technical Design Memorandum, which can be included as a chapter of the Final Feasibility Study Report.

Task 2 Assumptions
• City staff will provide one set of written comments inclusive of input from the public, City staff, and the City’s project ecologist on the Technical Design Memorandum. City staff will collect these comments and provide them to ESA.

Task 3. Community Engagement
Within the ESA team, each member will play a vital and interconnected role among technical and outreach tasks.

Pathways (coordinated by Dr. Finzi Hart) will be the overall community engagement lead. This will entail coordinating between the technical team members working on Task 1 and Task 2 (led by ESA) and leveraging the experience of ongoing work in the region by the Farallon team members who are actively supporting the City’s Resilient Coast Santa Cruz work. We recognize that the City has many different work streams ongoing, which will overlap with this proposed effort. These include: 1) development of the 50 year Vision Roadmap (assuming adoption by City Council in early April); 2) update of the Local Hazard Mitigation Plan; 3) coordination with the Silver Jackets work on integration of nature-based solutions to improving resilience; and 4) other ongoing community engagement.

Farallon team members will serve as the liaisons between the City’s ongoing work listed above and play the key role of a trusted City partner, building on the last two years of Farallon’s direct engagement in the region.

While the ESA team will work with the City team at the start of this project to map out the full community engagement strategy, we propose an initial strategy for iterative and sustained engagement (see Project Schedule).

Note that this task includes three (3) community workshops (1 web-based and 2 in-person) and up to six (6) focus group meetings.

Iterative Focus Groups and Community Workshops
As part of the project initiation, we propose to hold an initial virtual Community workshop to help the community understand the scope of this proposed project, its place in the City’s broader coastal resilience work, the expected outcomes of the project, and the times and opportunities to engage. This will help set the stage for the ongoing work and will bring the community in to the discussion from the outset.

Once the project has kicked off and work on Task 1 is underway, we will hold a series of three (3) focus group (FG) meetings at the beginning, middle and end of Task 1. The first FG meeting could include level-setting and an overview

10.17 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 16
of the ESA team’s understanding of the discussion and adaptation strategies identified and proposed to date. The second could provide a touchpoint to groundtruth the ESA’s team internal analysis on the feasibility of different adaptation strategies. The third would focus on refining the feasibility study in advance of sharing with the broader community for feedback. We propose to hold the first full, in-person community workshop at the culmination of Task 1, and after the first three focus groups.

We propose a similar format for Task 2, with three FG meetings at the start, middle, and end, culminating in a final community workshop. The goals of these FG meetings could include proposing an initial subset of strategies for 30% design, selection of the strategies for subsequent analysis, and refinement of the 30% design of the proposed strategies, gathering feedback and groundtruthing along the way. Interested community members will provide feedback at the final community workshop. Following this, the ESA team will finalize the 30% design(s).

The ESA team is prepared to facilitate and lead workshops, but this will be finalized during discussion with the City in the PMP phase. Importantly, Farallon will also serve as liaison to the ongoing work on Resilient Coast Santa Cruz, including the work to transform the 50 year vision into a Roadmap for implementation and the work at the City Scale to update the Local Hazard Mitigation Plan, both of which will have their own community engagement strategies. The team also has a bilingual team member (Ms. Daisy Ramirez Lopez) who is prepared to help with translation and leading Spanish in-language engagement support as the opportunity arises.

Ongoing City Engagement
ESA will coordinate with City project leads as well as a City Working Group. At this stage, we propose five meetings for each Task (approximately monthly cadence). This will be in concert with ongoing bi-weekly team check-ins for strong coordination and communication between the ESA team and City leads. As described, Farallon’s current understanding of the Resilient Coast Santa Cruz work, we expect the formation of a Resilient Santa Cruz Roadmap coordination group (right now referred to as the Resilience and Sustainability Committee, or RSC). We include a placeholder for one (1) coordination opportunity with the RSC at the end of each Task. This coordination will be led by Farallon, along with coordination with the ongoing Silver Jackets work in the region.

Virtual Reality Coordination
Finally, the ESA team anticipates ongoing coordination with Virtual Planet and virtual reality development. As appropriate, the ESA team will work with the City and VP to include virtual reality applications in the community engagement, likely the Task 2 FG meetings and final community workshop.

Task 3 Deliverables
• Participation in 3 community workshops (2 in-person and 1 virtual) and 6 in-person focus group meetings. • Report chapter in the Feasibility Study Report detailing the contribution of community workshops and focus group meetings on the feasibility study and 30% design.

Task 3 Assumptions
• The City will be an active participant in the development of virtual reality, small focus groups and larger public workshops, and ESA will work with the City to coordinate these elements. • For the two in-person community workshops, we have budgeted up to $600 to provide refreshments and healthy food options with the intention of encouraging a range of community participants. For each of the six focus group meetings, we have budgeted a stipend that would cover up to $50 per person per meeting, assuming up to six people per focus group.

Task 4. Project Management
Task 4 includes project management and regular progress meetings with the city to advance the project through the course of the duration of the project, anticipated to be finished by March 2025. For budgeting purposes, we assumed that the project team will attend up to 24 bi-weekly web-based progress meetings with the lead city staff and others as needed, such as a city working group composed of relevant city employees from various city departments. We anticipate that the city working group progress meetings would be held approximately monthly and at the discretion of the city’s project manager in coordination with the project team. For each meeting ESA will provide digital access to

10.18 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 17
the meeting via Zoom or MS Teams, a brief agenda, read ahead materials if relevant to the discussion, and will follow the meeting with brief summary of main notes and action items.

This task also includes project management throughout the course of the project, including managing the subconsultant team and tracking the schedule and budget. We will prepare monthly invoices for work completed along with a progress report that describes work completed over the period, work anticipated to be completed over the subsequent billing period, and that identifies challenges and issues in completing the work.

Task 4 Deliverables
• Detailed project schedule.
• Monthly invoices
• Participation in up to 24 web-based progress meetings with City staff. • ESA will provide digital access to each meeting via Zoom or MS Teams, a brief agenda, read-ahead materials if relevant, and follow-up notes with action items.

Task 4 Assumptions
• Progress meetings will be held at monthly or bi-weekly intervals (as needed based on timing of project deliverables).
• The project will be complete by March 2025.
.

10.19 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 18
EXHIBITB:FEE SCHEDULE
Task # Task Name/Description Fee
1 Feasibility Study $ 150,317
2 30% Design $ 42,579
3 Community Engagement $ 68,959
4 Project Management $ 31,145
Total Labor $ 293,000
Expenses $ 4,000
Total $ 297,000

10.20 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 19
EXHIBIT C: WORK SCHEDULE
Task No Task Title Start Date Completion Date
1 Draft Feasibility Study May. 1, 2024 Aug. 1, 2024
Final Feasibility Study Aug. 1, 2024 Sept 15, 2024
2 Draft 30% Design  Sept 15, 2024 Dec. 15, 2024
Final 30% Design   Dec. 15, 2024 Feb. 1, 2025
3 Community Engagement June 1, 2024 Feb. 1, 2025
4 Project Management May 1, 2024 March 31, 2025

10.21 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 20
EXHIBIT D:INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 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 (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
• PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’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 Agreement. 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, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work. • AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

10.22 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 21
• 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.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, 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 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 and noncontributory 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. • NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

10.23 City of Santa Cruz Professional Services Agreement for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study
April 2024 Page 22
• SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL and any Excess Liability/Umbrella policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning 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.

10.24 City Council

AGENDA REPORT
DATE: 04/10/2024
AGENDA OF: 04/30/2024
DEPARTMENT: City Manager
SUBJECT: United States Department of Energy’s Energy Efficiency and Conservation Block Grant Program – Authorization to Submit a Grant Application to Establish a Pilot Program to Provide Financial Assistance to City Employees Switching from Gas-Fueled Vehicles to Electric Vehicles (CM) RECOMMENDATION: Motion to adopt a resolution authorizing the City Manager to apply for funds from the Department of Energy’s Energy Efficiency and Conservation Block Grant Program to fund a pilot program, “The City of Santa Cruz Employee Electric Vehicle Incentive Program,” to advance adoption of electric vehicles by providing City employees financial assistance to switch from gasoline-powered vehicles to electric vehicles.

BACKGROUND: The U.S. Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program is authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), signed into Public Law (PL 110-140) on December 19, 2007. Funding for the EECBG Program is provided by the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL). The BIL allocates over $62 billion to the DoE to support American manufacturing and workers, enhance accessibility to energy efficiency and clean energy, provide dependable, clean, and affordable power to a wider population, and showcase and implement cutting-edge technologies through clean energy demonstrations.

In 2022 the DOE made $550 million of BIL funds available to 2,708 eligible entities through its EECBG Program. States, local governments, and Tribal communities are eligible to receive funding from the EECBG Program. In addition to financial assistance, the EECBG Program offers supplementary resources such as technical assistance, strategy templates, and program development blueprints that are intended to promote proven practices and simplify the application process.

The primary purpose of the EECBG Program is to advance eligible entities’ progress towards achieving their clean energy goals. To accomplish this, the EECBG Program has outlined three key objectives that projects/activities receiving this funding should achieve:
1) Reduce fossil fuel emissions.
2) Lower overall energy usage.
3) Enhance energy efficiency across transportation, building, and other sectors.

11.1 Importantly, programs, projects, and/or activities are not required to fulfill all three objectives, but they must achieve at least one of them.

EECBG awards are distributed using two funding mechanisms, 1) formula grants, and 2) competitive awards. Formula grants are based on the EECBG population formula (https://www.govinfo.gov/content/pkg/FR-2022-06-29/pdf/2022-13859.pdf), whereas competitive awards distribute funding through a competitive process that scores and ranks application proposals. In 2023, $430 million remained available in EECBG formula grant funding. The City of Santa Cruz (City) is an entity eligible for an EECBG formula grant award.

DISCUSSION: On September 13, 2022, the Santa Cruz City Council adopted the City’s Climate Action Plan 2030 (CAP 2030) (https://www.cityofsantacruz.com/government/citydepartments/city-manager/climate-action-program/climate-action-plan). CAP 2030 contains 152 actions the City and community must implement to meet state and local targets of reducing greenhouse gas (GHG) emissions to 40% of 1990 levels by 2030. To achieve these targets CAP 2030 Measure T-4 identifies that increasing passenger electric vehicle (EV) adoption citywide to 35% by 2030 and 40% by 2035 will cumulatively reduce GHG emissions by 31,706 metric tons of carbon dioxide equivalent (MT CO2e) by 2030 (or 17.5% of the emissions reductions required to meet the 2030 target).

In 2023, the City Manager’s Office conducted an employee commute survey, which asked City employees various questions about their commuting behavior in 2022, such as vehicle type, fuel type, and daily commute distance. As depicted in Attachment 2, analysis of the survey responses revealed that on average employees drove to work four days per week and an average daily commute of 18.1 miles, resulting in 988 MT CO2e of GHG emissions annually. Currently, the EV mode share stands at approximately 3.8% citywide, and at approximately 5% for City employees. Through anecdotal conversations and in annual employee commute survey responses, employees have indicated that the cost of EVs is a major barrier to adoption despite an interest in doing so, particularly for employees at the lower end of the salary spectrum.

To address this barrier and accelerate progress toward meeting CAP Measure T-4 EV adoption targets, City staff propose launching a pilot program that offers financial rebates to City employees to switch from gasoline-fueled vehicles to electric vehicles (EVs). The City is eligible to receive $125,770 in formula grant funding from the EECBG Program, which staff propose using to establish the "City of Santa Cruz Employee Electric Vehicle Incentive Program” (EEVIP). This concept was proposed by a Sustainability Team Member and vetted by Department Directors and the City Attorney.

The EEVIP is a pilot program to be jointly administered by the City Manager’s Office and Finance Department. The program aims to provide rebates of $10,000 to twelve City employees purchasing EVs. City employees prioritized to receive rebates will be selected based on (1) their longevity with the City, (2) their commute distance, and (3) their salary. These criteria will promote fair, equitable access to EV technology while also maximizing reduction of GHG emissions from employees’ commute to work.

Since lower income employees will be prioritized, it is important that the rebate amount provided reduces the monthly payment for an average cost EV to a manageable level. Staff analyzed the average cost of EVs and estimated that a $10,000 rebate would result in manageable monthly car payments of approximately $300.00 to $350.00. To verify the legality of the EEVIP, including

11.2 its selection criteria, City staff met with the City Attorney’s Office. The City Attorney’s Office determined the EEVIP was legally permissible due to its alignment with a public purpose: the reduction of GHG emissions. The eligibility criteria of years of service, commuting distance and salary level were also determined to be legally permissible as they do not rely on classifications like race or religion, thereby passing the rational basis review standard.

The rebate application and evaluation process and incentive issuance details will be developed during the grant performance period. Staff estimate the rebate program applications to open by summer 2025 with the pilot program completed by March 2026. As part of the grant performance, staff will evaluate the delivery of the program, participant satisfaction, and avenues to fund the program beyond its pilot (e.g., internal Carbon Fund). This pilot program will become part of a suite of employee focused incentive programs to encourage low emission commute options including free transit passes and free bike share passes.

The proposed program advances the three pillars (sustainability, public health, and equity) of the City’s Health in All Policies initiative. By providing financial assistance to lower income employees, the EEVIP promotes equitable access to EVs. The EEVIP helps improve public health by encouraging EV adoption, which reduces pollution and improves air quality.

Additionally, the program fosters sustainability by encouraging the adoption of EVs, which not only lower GHG emissions but also promote long-term resilience.

FISCAL IMPACT: Approval of this recommendation will not result in an immediate fiscal impact to the General Fund. If awarded EECBG funding, the City would receive $125,770 that will be appropriated for funding a project to establish the EEVIP.

Prepared By:

Tiffany Wise-West
Sustainability & Resiliency
Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. 2022 EMPLOYEE COMMUTE SURVEY INFOGRAPHIC.PDF

11.3 RESOLUTION NO. NS-XX,XXX

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

PARTICIPATION IN A GRANT APPLICATION TO THE ENERGY EFFICIENCY AND

CONSERVATION BLOCK GRANT PROGRAM TO FUND THE DEVELOPMENT OF A

PILOT PROGRAM TO PROVIDE CITY EMPLOYEES FINANCIAL ASSISTANCE TO

PURCHASE ELECTRIC VEHICLES
WHEREAS, on September 13, 2022 the Santa Cruz City Council adopted the City’s Climate Action Plan 2030; and
WHEREAS, the City’s Climate Action Plan 2030 commits the City of Santa Cruz to meeting state and local targets of reducing greenhouse gas emissions to 40% of 1990 levels by 2030; and
WHEREAS, the City’s Climate Action Plan 2030 commits the City of Santa Cruz to increasing passenger electric vehicle adoption to 35% by 2030 and 40% by 2035; and WHEREAS, the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, allocated over $62 billion to the United States Department of Energy to support American manufacturing and workers, enhance accessibility to energy efficiency and clean energy, provide dependable, clean, and affordable power to a wider population; and WHEREAS, in 2022 the United States Department of Energy’s Energy Efficiency and Conservation Block Grant Program made $550 million in funding available to states, local governments and Tribal communities to fund programs, projects, and activities that reduce fossil emissions, lower energy usage, and/or enhance energy efficiency across transportation, building, and other sectors; and
WHEREAS, the City of Santa Cruz is eligible to receive $125,770 in formula grant funding from the Energy Efficiency and Conservation Block Grant Program; and WHEREAS, the City of Santa Cruz is developing a grant application for an Energy Efficiency and Conservation Block Grant to fund the development of a pilot program that will advance adoption of electric vehicles by providing City employees financial assistance to switch from gasoline-fueled vehicles to electric vehicles.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Cruz herby:
1) Directs City staff to submit a grant proposal package to the Energy Efficiency and Conservation Block Grant Program in the amount of $125,770; and 2) Authorizes the City Manager of the City of Santa Cruz to apply for, accept, and execute in the name of the City of Santa Cruz all necessary applications, contracts and agreements and amendments thereto and appropriate funds from the Energy Efficiency Conservation

11.4 RESOLUTION NO. NS-XX,XXX
2 Block Grant Program to implement and carry out the scope of work approved through approval of the grant application
PASSED AND ADOPTED this 30th day of April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

11.5 40%
of employees
completed the survey

29.5 mpg
average fuel efficiency
Average fuel efficiency increased
by 4 mpg since 2010.

Vehicle Type (%)
SUV drivers represent the largest
growth (9%) since 2010.
0 5 10 15 20 25 30
Compact
Standard
SUV
Truck
Other
Transportation Mode (#)
0 20 40 60 80 100 120 140
Occasionally
5 days
4 days
3 days
2 days
1 day
Fuel Type (%)
Use of electric and hybrid fuel grew
from 0% to 14% since 2010.
0 20 40 60 80 100
Gasoline
Hybrid
Electric
Diesel Did you work
remotely in 2022?
Productivity when
working remotely (%)
94% of employees felt as productive or more
productive when working remotely.
0 10 20 30 40 50 60
About the same More productive
Less productive Not sure
Benefits
Saved money on fuel and parking
Time savings from not traveling to inperson meetings
More personal or family time (from
not commuting)
Challenges
Technical issues- inadequate equipment
or internet/server access
Lack of teleworking policy/ consistent
application of policy
Lack of suitable space

18.1 miles
average roundtrip
Average roundtrip increased
by 2.5 miles since 2010.
2022 Employee Commute Survey

WHO PARTICPATED

REMOTE WORK

COMMUTE SUMMARY
Yes 38%
No 62%
Public Works
17%
Water
15%
Didn’t work
here in 2022
14%
Library
20%
City Clerk 1%
City Manager 3%
Economic Dev 3%
Finance 5%
Fire 3%
HR 3%
IT 3%
Planning &
Community
Development
4%
Police 4%
Parks
& Rec
7%
Drive Alone
Carpool
Bike
Walk
Bus The pandemic led to a significant increase in remote work,

11.6 which decreased the count for transportation modes.

City Council

AGENDA REPORT
DATE: 04/04/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Fire
SUBJECT: Increase Open Purchase Order (PO) with Central Fire Protection District by $100,000 for Fleet and Apparatus Maintenance and Repairs (FD) RECOMMENDATION: Motion to reallocate funds from the FY 2024 Fire Department operating budget to increase the open PO with Central Fire District by $100,000 and to allow future POs with Central Fire District be established at $250,000.

BACKGROUND: The contract for apparatus repairs and maintenance with Central Fire District (CFD) has been in place for over a decade. They have exceeded expectations in maintaining the City's fleet of fire apparatus, ensuring that the Fire Department and its apparatus are continuously available to respond to calls for service.

CFD has provided all services for maintenance and repairs through their in-house mechanics who possess the specialized certifications and training necessary for fire apparatus. The service they provide also includes 24-hour emergency field response which minimizes additional costs associated with the towing of large fire apparatus and minimizes the length of apparatus down time.

DISCUSSION: The current open PO with CFD has reached $150,000 YTD. Additional and unanticipated repair services this fiscal year require an increase of $100,000 to the existing PO.

Parts and service costs continue to increase annually due to increased maintenance demands in newer large diesel motors to meet air quality requirements, plus inflation and supply chain issues add to the necessity of this adjustment. Additionally, a Type 6 Wildland Fire Engine will be added to our fleet in FY 2025 and will be repaired and maintained under this purchase order.

This increase will allow the Fire Department to maintain and repair our fleet without delay when emergency and unanticipated repairs are required. The $100,000 increase will come from cost savings within the Fire Department’s operating budget and have no impact on the General Fund.

It is anticipated that repair costs will continue to increase overall as the fleet ages, the warranties expire, and costs of goods and services continue to rise. The increase in the spending limit for our CFD purchase order will allow the Fire Department to continue expeditious and reliable maintenance and repairs of essential apparatus.

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 item/service. Fire apparatus repairs require timely service and highly skilled and specialized mechanics to service and repair them. CFD employs fire mechanics who possess the required certifications and

12.1 specialized skills required to maintain fire apparatus. CFD performs ongoing local repair and maintenance on a 24-hour basis which has minimized the downtime of our fire apparatus. This vendor has provided reliable, quality, timely service that allows the Fire Department to continue emergency response services to the community. The pricing for services and parts with this governmental agency is competitive and meets and often exceeds industry standards.

FISCAL IMPACT: The additional $100,000 will be reallocated from the FY 2024 Fire Department operating budget to accommodate the new PO amount. The future increase to the open PO with CFD to $250,000 is a spending limit approval only and not an additional budget request.

Prepared By:

Megan Nutt
Principal Management
Analyst
Submitted By:

Rob Oatey
Fire Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SINGLE SOURCE JUSITIFICATION – CENTRAL FIRE DISTRICT.DOCX

12.2 MEMORANDUM
DATE: April, 4, 2024
TO: Elizabeth Millwee, Purchasing Manager
SUBJECT: Single Source Justification for Central Fire District Vehicle and Apparatus Repair and Maintenance.

The Central Fire District (CFD) has long been authorized as a single source vendor for vehicle and apparatus repair and maintenance with the City of Santa Cruz. Operational fire apparatus and associated support vehicles are critical for the Fire Department’s emergency response. Timely, reliable, and quality service is essential to minimize apparatus downtime to ensure that repairs and maintenance pose little to no impact to our operations and service delivery. CFD employs fire mechanics who possess the required certifications and specialized skills required to maintain fire apparatus. CFD performs ongoing local repair and maintenance on a 24-hour basis which has minimized the downtime of our fire apparatus. Through our contract they are also available for emergency off-site repairs and remain on call for our Department apparatus and vehicle maintenance needs which is an added benefit to working with this local government agency.

The main reason to bring this single source justification back through the purchasing department and City Council, even though a single source vendor has been established with this vendor for years, is to increase the spending limit from $150,000 to $250,000 for the Central Fire District PO. An aging fleet, unexpected emergency repairs, expiration of warranties, increased maintenance demands in newer large diesel motors to meet air quality requirements, and inflation have raised the annual vehicle repair and maintenance costs and require the Fire Department to raise the limit on our allowed spending for this PO. Additionally, the Central Fire District is a governmental agency which is a noted exception for PO payments through purchasing. The pricing for services and parts with this governmental agency is competitive and meets and often exceeds industry standards.

It is for these reasons that the Fire Department is requesting a single source authorization and purchase order increase for vehicle and apparatus repair and maintenance with the Central Fire District. Please let me know if you have any further questions regarding this request.

Respectfully,
Rob Oatey
Fire Chief
Santa Cruz Fire Department
CC: Elizabeth Cabell, Finance Director

12.3 City Council

AGENDA REPORT
DATE: 04/18/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Finance
SUBJECT: Implementation of Local Transactions and Use Tax (FN) RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing the Finance Director to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and
2) Adopt a resolution authorizing examination of sales or transactions and use tax records.

BACKGROUND: To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, the City is required to enter into agreements for preparation to administer and administration of the City’s transaction and use tax ordinance.

DISCUSSION: On November 28, 2023, the City Council approved the placement of a Local Transactions and Use Tax measure on the ballot. On March 5, 2024, Ordinance No. 2024-09 was adopted by the electors of the City. The California Department of Tax and Fee Administration administers and collects the transactions and use taxes for all applicable jurisdictions within the state and requires that the City enter in a Preparatory Agreement and an Administration Agreement prior to implementation of taxes.

FISCAL IMPACT: These agreements necessary to implement the additional .05% use tax rate approved by voters which is expected to generate additional General Fund revenue estimated at $8M.

Prepared and Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS.DOC

2. RESOLUTION AUTHORIZING EXAMINATION OF RECORDS.DOC

3. PREPARATORY AGREEMENT.PDF

4. ADMINISTRATION AGREEMENT.PDF

13.1 RESOLUTION NO. NS-30,XXX

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

AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR

IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on November 28, 2023, the City Council approved the placement of a Local Transactions and Use Tax measure on the March 5, 2024 ballot; and WHEREAS, on March 5, 2024, Ordinance No. 2024-09 was adopted by the electors of the City; and
WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santa Cruz that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the Finance Director is hereby authorized to execute each agreement.

WHEREAS, the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Santa Cruz held on 28th day of November, 2023, by the following vote, to wit:

AYES: 7
NOES: 0
ABSENT: 0
DATED:

13.2 2
PASSED AND ADOPTED this 30th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

13.3 RESOLUTION NO. NS-30,XXX

A RESOLUTION OF THE CITY OF SANTA CRUZ AUTHORIZING EXAMINATION OF

SALES OR TRANSACTIONS AND USE TAXES RECORDS
WHEREAS, pursuant to Ordinance Number 2024-09 of the City of Santa Cruz (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Santa Cruz deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CRUZ HEREBY RESOLVES AS FOLLOWS:

Section 1. That the Finance Director, Assistant Finance Director, Economic Development Director or other officer or employee of the District designated in writing by the Finance Director to the California Department of Tax and Fee Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the District:
(a) Budget Planning
(b) Economic Development
(c) Transportation Planning
The information obtained by examination of Department records shall be used only for those governmental functions of the District listed above.

13.4 Section 3. That Hinderliter de Llamas and Associates, a California corporation is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the District and the Hinderliter de Llamas and Associates, a California corporation:
a) has an existing contract with the District to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department and for those purposes relating to the governmental functions of the District listed in section 2 of this resolution.

I, Finance Director, of the City of Santa Cruz of Santa Cruz, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of Santa Cruz, at a regular meeting of said Board held on the 30th day of April, 2024, by the following roll-call vote:

PASSED AND ADOPTED this 30th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor

13.5 ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

13.6 13.7

13.8 13.9

13.10 13.11

13.12 13.13

13.14 13.15
City Council

AGENDA REPORT
DATE: 04/10/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to 1) reject the liability claim of Allstate Insurance Company; and 2) deny the application by Sean M. Bergman for leave to present a late claim, based on staff recommendation.

BACKGROUND: N/A.

DISCUSSION: I. Claim to be rejected:

1. Claimant: Allstate Insurance Company
Date of occurrence: 2/6/2024
Date of claim: 3/21/2024
Amount of claim: $5,660.74
Claimant seeks reimbursement for alleged damage to their insured’s vehicle.

Self-Represented
II. Denial of application for leave to present late claim:

2. Applicant: Sean M. Bergman
Date of Occurrence: 4/4/2023
Date of application requesting leave to present late claim: 3/19/2024 Claimant seeks approval of application for leave to present late claim to the City of Santa Cruz related to personal items allegedly lost during a police incident.

Self-Represented
FISCAL IMPACT: No fiscal impact.

14.1 Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

14.2 City Council

AGENDA REPORT
DATE: 4/11/2024
AGENDA OF: 4/30/2024
DEPARTMENT: Planning and Community Development
SUBJECT: Award Agreement for Code Enforcement Support for Sidewalk Vending Program. Environmental Determination: Exempt 15321 (PL) RECOMMENDATION: Motion to:
1) Award agreement for Willdan Engineering in the amount of $120,000; and 2) Recognize the environmental determination and authorize the City Manager to execute the agreement and any amendments within the approved operating budget and authorized amendments budget, in a form approved by the City Attorney.

BACKGROUND: The City of Santa Cruz has piloted various sidewalk vending programs since Senate Bill (SB) 946 “Safe Sidewalk Vending Act” became effective January 1, 2019. SB 946 limited the City’s ability to regulate sidewalk vending and prohibited criminal punishment for sidewalk vending-related violations. The pilot programs allowed staff to have a better understanding of the impact of the implementation of SB 946, especially in the popular vending areas of Beach Street.

Public health and safety concerns observed by staff and the public over the course of the pilot programs and during the subsequent enforcement of SCMC 5.82 include, but are not limited to:
 Complaints involving foodborne illness and pathogens;  Hampered public accessibility to the beach, sidewalk, benches, trash/recycling cans, and bike racks;
 Concerns for emergency access by fire and police;
 Congested points that caused pedestrians to move onto the street or into bike lanes;  Aggressive/violent behavior related to vending “turf wars;”  Congestion in parking areas and near parking meters;
 Excess trash and litter; and
 Other environmental concerns (e.g. storm water management, illegal discharge into storm drains that lead to the Monterey Bay National Marine Sanctuary).

Partially in response to the above issues, the City Council adopted the Sidewalk Vending Ordinance Santa Cruz Municipal Code (SCMC) Chapter 5.82 on April 12, 2022 and approved the fees associated with the administration and enforcement on May 10, 2022. On February 14, 2023, City Council adopted additional amendments to SCMC Chapter 5.82.

15.1 To ensure a successful season, monitoring of sidewalk vending has been a coordinated effort between several City departments and contract staffing on the weekends. For the last two peak seasons, the City contracted with CSG Consultants for sidewalk vending enforcement. That contract has now concluded.

DISCUSSION: On February 1, 2024, staff issued a Sidewalk Vending Code Enforcement request for proposals (RFP), which can be found at:
http://procurement.opengov.com/portal/santacruzca/projects/76427. The RFP was posted on the City’s website to ensure that the RFP was conducted in an open and competitive manner. Notice of the RFP posting was also emailed to firms who specialize in that work. Proposals were due on March 7, 2024, at 2:00 PM PST, and the City received proposals from two firms: 4LEAF Consulting and Willdan Engineering.

After responses were checked for completeness, the firms were evaluated by a committee comprised of staff from the departments of Planning and Community Development and Finance.

Evaluation was conducted in two phases. Phase 1 was the evaluation of the written proposal. Firms with proposals that were scored the highest were invited to Phase 2 of the evaluation (Oral Interviews), where firms gave a presentation and answered questions from the evaluation committee. As both written proposals met the requirements of the RFP, the City conducted interviews and oral presentations with both firms.

Willdan Engineering was ranked the highest with a score of 92.33 points out of 100 total possible points and was determined to be the successful proposer. The evaluation committee determined that the successful proposer has the expertise, experience, and personnel necessary to provide the services. Wildan Engineering has delivered code enforcement services since 1964, with nearly 60 years of experience providing code compliance solutions with unique expertise, as well as having direct experience in unpermitted vending enforcement. City staff has observed that the highest concentration of vending occurs between April 1 - October 31 and requires regular enforcement every weekend during this time frame. Weekend coverage will be Friday – Sunday. Hours of coverage are 12:00 PM – 9:00 PM on Fridays, and 8:00 AM – 5:00 PM and 12:00 PM – 9:00 PM Saturdays and Sundays. Willdan Engineering services will also be providing coverage for the following holidays: Memorial Day, Juneteenth, Independence Day, Labor Day, October 31, the day after Thanksgiving and following weekend, the weekend before Christmas, and the weekend before New Years. The contract will expire on May 1, 2025 with the option to renew annually.

California Environmental Quality Act (CEQA): This contract and the associated work is exempt from CEQA under the CEQA Guidelines Section 15321 – Enforcement Actions by Regulatory Agencies – in that it involves actions by the City to enforce laws and standards adopted by the City.

HEALTH IN ALL POLICIES (HIAP): In 2019, the City adopted a Health in All Policies (HiAP) strategy to eliminate inequities in health and well-being and attain equity for all residents.

The proposed contract is consistent with HiAP in many respects. For example, while executing this contract, Willdan Engineering and City staff will ensure that accessibility requirements are maintained for all City residents and visitors, that vendors are environmentally compliant, and that educational materials such as maps, informational flyers, permit conditions, and the Sidewalk Vending ordinance are available in both English and Spanish. Additionally, Willdan Engineering

15.2 personnel have bilingual employees who will be able to assist with in the field communication with Spanish speaking vendors.

FISCAL IMPACT: The code enforcement support for the Sidewalk Vending Program is not to exceed $120,000. A General Fund budget appropriation of $120,000 was already allocated for this professional and technical services support in FY 2024, and the same amount has been submitted as part of the regular budget process for Council’s consideration in FY 2025.

Prepared By:

Laura Landry
Code Compliance Manager
Kimberly Dorey
Code Compliance Supervisor
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RFP SUMMARY SCORE SHEET.PDF

2. PROFESSIONAL SERVICES AGREEMENT.PDF

15.3 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 1
Professional Services Agreement With

WILLDAN ENGINEERING
For SIDEWALK VENDING CODE ENFORCEMENT
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and WILLDAN ENGINEERING (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of May 1, 2024 (the “Effective Date”).

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

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

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

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

15.4 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Markups shall not be charged for any approved sub-consultants or subcontractors.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Such payments shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $120,000 without advance written City authorization in the form of an amendment or change order.

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

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

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees.

SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 12 months beginning on the Effective Date of this Agreement and terminating on May 1, 2025. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement.

15.5 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 3
Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

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

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

The Parties agree that time is of the essence in the performance of this Agreement.

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from the date of the Consultant’s written termination notice specifying the default in performance. Consultant must provide a written notice of termination to the City not less than 30 calendar days of the effective termination date.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

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

SECTION 10: INDEMNIFICATION

15.6 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 4
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

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

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

SECTION 14: MISCELLANEOUS PROVISIONS

15.7 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 5
replace the project manager or key staff upon Director’s request due to Director’s concern about their performance.

Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, or acting on Consultant’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.

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

15.8 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 6

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

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

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

15.9 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 7
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records/Audits. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from: the date of the final City payment for Consultant's services, or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

15.10 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 8

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

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

15.11 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 9
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

15.12 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 10
to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

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

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

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

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

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

To CITY:

Planning and Community
Development Department
Viviane Pearson
809 Center Street, Room 101, Santa
Cruz, CA 95060
[email protected]
831-420-5245
To CONSULTANT:

Willdan Engineering
Albert Brady
2401 E. Katella Ave, Suite 300, Anaheim, CA
92806
[email protected]
951-454-3539
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

15.13 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 11
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 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.

Approved As To Form:

By: _____________________________ Date: __________________ Stephanie Hall, Office of the City Attorney

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

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ April 10, 2024

15.14 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 12
EXHIBIT A: SCOPE OF WORK
The Consultant shall perform all necessary aspects to complete the scope of work described herein. Dedicated code enforcement officer(s) will be provided to the City of Santa Cruz on a regular schedule accepted by the City to perform Code Enforcement duties, as further provided herein. Code enforcement officers shall also be made available by phone or email for requests for information in response to technical questions from City staff within one business day.

Task 1 – Enforcement of SCMC 5.82 and SB 946
At a minimum, Consultant shall provide:

A. Enforcement of all applicable California legislation related to Senate Bill (SB) 946 Sidewalk Vendors.

B. Enforcement of all ordinances and amendments to codes as amended and adopted by the City of Santa Cruz related to Santa Cruz Municipal Code (“SCMC”) Chapter 5.82.

Task 2 – Coordinate staffing for Code Enforcement
At a minimum, Consultant shall:

A. Provide a monthly schedule to the City’s Code Compliance Manager of the shifts and personnel assigned to this scope of work at least two weeks prior to the beginning of the work month; B. In the event the Consultant’s assigned personnel is not able to cover a shift or needs to leave early, the Consultant will make necessary arrangements to cover said shift; C. Provide a minimum of one (1) full time code enforcement officer per shift, an AM shift, 7am – 5PM, and a PM shift, 12PM – 9PM, with an unpaid hour lunch;
D. Consultant shall complete the following services for Code Enforcement:

1. Provide a minimum of one (1) full time code enforcement officer for the following days, times and events:
a. 2024 Season - April 1, 2024 to October 31, 2024
b. Friday through Sunday, from 8:00AM – 5:00PM (12:00PM – 1:00PM unpaid lunch) and 12:00PM – 9:00PM, (4:00PM – 5:00PM unpaid lunch)
c. Memorial Day
d. Juneteenth
e. Independence Day
f. Labor Day
g. October 31
h. Day after Thanksgiving and Weekend
i. Weekend before Christmas
j. Weekend before New Years
E. Investigate complaints regarding sidewalk vendors;
F. Sidewalk Vending Enforcement Program review and analysis. At the completion of the season, the Consultant shall provide an analysis report consolidating data obtained during the season with recommendations of how to improve the City’s Sidewalk Vending Program; G. Perform field surveys and investigate complaints of possible sidewalk vending violations and needs for impoundment, including recognize the need for; implement appropriate remedial actions to correct violations and only impounding upon meeting the threshold of exhausting all warnings, citations, and direct education with vendors; and
H. Perform and document inspections to determine the validity of complaints, and to identify conformance with applicable codes and ordinances;
Task 3 – Provide uniform and travel coordination
At a minimum, Consultant shall provide their assigned code enforcement personnel the following:

A. Provide all necessary equipment, uniforms, vehicles, and gas fare for code enforcement officer(s);

15.15 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 13
B. Provide for all of its assigned code enforcement personnel lodging, including travel time.

Task 4 – Provide the necessary training
Consultant shall ensure, at its sole expense, the following:

A. Ensure that the Consultant’s employees and assigned personnel maintain certifications to perform the services requested by the City;
B. Coordinate training for Consultant’s employees and assigned personnel, and ensure that Consultant’s employees and assigned personnel maintain all training certifications as required by the State Regulation and local ordinances and/or amendments to State codes; and C. Provide IT security, ethics, and harassment training that complies with City standards; and D. Consultant agrees that it will not charge CITY for training, time in training, or any expenses related to training.

Task 5 – Issue citations
At a minimum, Consultant shall coordinate the City’s Sidewalk Vending Enforcement Program, and oversee and implement all enforcement of the City’s Municipal Code with regards to sidewalk vending, including citation issuance, impoundments, and follow up documentation and reports. Consultant will also perform field surveys, including:

A. Recognize the need for, and implement appropriate remedial actions to correct violations and only impounding upon meeting the threshold of exhausting all warnings, citations, and direct education with vendors;
B. Perform and document inspections to determine the validity of complaints, and to identify conformance with applicable codes and ordinances;
C. At the end of each shift, provide the City’s Code Compliance Manager a complete documentation of all citations or impoundments issued, including an itemized list of the impounded items and all photo documentation. These items shall be provided to the City’s Code Compliance Manager via email no later than the next business day;
D. Provide the City’s Code Compliance Manager with a daily report of the code enforcement officers’ activities and actions no later than the next business day. This shall include, but not be limited to: the number of hours worked by the code enforcement officers; a list of any citations issued; a list of any warnings issued; documentation on any impoundments; any other findings from the code enforcement officers’ patrol; any reports on vendor issues.

E. Take photographs and necessary measurements and gather all pertinent facts from the parties involved; and
F. Provide patrols according to the schedule prepared by the City’s Code Compliance Manager.

Task 6 – Provide other professional code enforcement support services as determined by the City’s Code Compliance Manager
A. Consultant shall help the City distribute any sidewalk vending regulation information to property owners, businesses, residents as well as agency departments and divisions as needed; B. Consultant shall prepare any documentation, staff reports, and committee and City Council presentations for the City’s Sidewalk Vending Program; and
C. For the purposes of code enforcement regarding the City’s Sidewalk Vending Program, Consultant shall oversee coordination among various City departments including Planning and Community Development, Police, City Manager, and City Attorney.

Task 7 – Include in Cost Proposal
Consultant shall include in its cost proposal the following:

A. Fully burdened cost rate per staff member per hour;

15.16 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 14
B. Overtime rate per staff member per hour, subject to City's review and approval prior to approving overtime;
C. Administrative cost per hour;
D. Note that travel and lodging are not to be included and must be absorbed by Consultant.

15.17 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 15
EXHIBIT B: FEE SCHEDULE

15.18 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 16
EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Proof of coverage for $2,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

15.19 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 17
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policywith respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed

15.20 City of Santa Cruz Professional Services Agreement for Sidewalk Vending Code Enforcement May 2024 (Form Rev.01/24 ) Page 18
Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Consultant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are named as additional insureds on insurance required from its contractor(s) and subcontractor(s).

15.21 RFP SUMMARY SCORE SHEET – RFP NO. PL-0090
Sidewalk Vending Code Enforcement
Firm Adherence to
RFP
Requirements
(10%)
Firm
Background
Information
(5%)
Firm
Qualifications,
Expertise, and
Experience
(10%)
Team
Qualifications,
Expertise &
Experience
(15%)
Technical
Approach
and
Workplan
(20%)
Cost
Proposal
(10%)
Oral
Presentation
(20%)
References
(10%)
Total
Willdan
Engineering
100 93.3 93.3 93.3 86.7 100 90 90 92.33
4Leaf, Inc. 100 95 90 88.3 88.3 83.3 85 93.3 89.33

15.22 City Council

AGENDA REPORT
DATE: 04/09/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Public Works
SUBJECT: Pitch-In Countywide Cleanup Day (PW)
RECOMMENDATION: Motion to adopt a resolution declaring the second Saturday of May each year as “Santa Cruz County Cleanup Day.”
BACKGROUND: In October 2022, Santa Cruz County adopted a resolution establishing a partnership with Pitch-In Santa Cruz County and their “Trash Talkers Initiative”. Other local jurisdictions became partners with the Pitch-In Santa Cruz County organization. Their organization seeks to encourage involvement across a wide spectrum of individuals to promote environmental stewardship and litter cleanup to make, in their words, “Santa Cruz County the cleanest county in the State.”
DISCUSSION: Pitch-In Santa Cruz County has requested that the City, along with all other jurisdictions in the County, declare through a resolution, that the second Saturday of each May is “Santa Cruz County Cleanup Day”. A specific day allows a focal point for community engagement, education and action that supports environmental stewardship. “Santa Cruz County Cleanup Day” will encourage collaboration among jurisdictions, non-profit organizations, businesses and residents for environmental protections and participation in local cleanup efforts.

Staff recommends that Council adopt a resolution declaring the second Saturday of May each year as “Santa Cruz County Cleanup Day.”
FISCAL IMPACT: None.

Prepared By:

Bob Nelson
Operations Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. PITCH-IN SANTA CRUZ FLYER - ENGLISH.PDF

3. PITCH-IN SANTA CRUZ FLYER - SPANISH.PDF

16.1 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DECLARING THE SECOND SATURDAY OF MAY EACH YEAR AS “SANTA CRUZ COUNTY CLEANUP DAY”
WHEREAS, the City and County of Santa Cruz is renowned for its natural beauty and open spaces; and
WHEREAS, the residents of the City and County have long been dedicated to protecting the beauty of these natural resources; and
WHEREAS, the City has been a leader in environmental protection and policies that reduce waste and help keep litter from impacting the local environment; and WHEREAS, the County, in partnership with Pitch-In Santa Cruz County, has participated in organized community clean-ups, volunteer engagement, and partnerships with other local governments in a citizen-led effort to protect the natural beauty from litter; and WHEREAS, the City of Santa Cruz believes that a countywide cleanup day is an effective way to engage the community in cleaning up litter from parks, streets, creeks, levees, beaches and other public spaces to improve the overall cleanliness of the County, and encourage residents, businesses, and community organizations to participate in the Countywide Clean-up Day; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the second Saturday of May each year is known as “Santa Cruz County Cleanup Day.” PASSED AND ADOPTED this 30th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

16.2 SANTA CRUZ COUNTY
SATURDAY, MAY 11
1st Annual
SUPPORTED BY:
pitchinsantacruz.org

16.3 pitchinsantacruz.org

CONDADO DE SANTA CRUZ
SÁBADO 11 DE MAYO
1er anual
Con el apoyo de:

16.4 City Council

AGENDA REPORT
DATE: 04/09/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Public Works
SUBJECT: Active Transportation Plan Outreach Consulting – Award Contract (PW) RECOMMENDATION: Motion to award a contract to Ecology Action (Santa Cruz, CA) in the amount of $118,000 for outreach consulting for the Active Transportation Plan Update, and authorize and direct the City Manager to execute it in a form acceptable to the City Attorney.

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

On August 31, 2023, the City of Santa Cruz (City) was awarded the grant. On October 10, 2023, Council adopted resolutions to execute grant agreements with Caltrans and execute a budget adjustment to reflect the grant award.

DISCUSSION: 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 item/service.

The City worked with Ecology Action on the grant application, with Ecology Action identified as a sub-applicant. The grant scope, schedule, and budget identify specific tasks, budget, and timelines that Ecology Action is responsible for completing as part of the grant delivery.

As a sub-applicant, Ecology Action is an awarded entity. The grant process requires Ecology Action to complete their tasks, invoice the City for the work, City pays Ecology Action, and then the City receives reimbursement from Caltrans. As Ecology Action is a sub-applicant on this grant, there is no ability to do a procurement for these services. Ecology Action is the only vendor able to perform the identified tasks.

The Purchasing Manager concurs that Ecology Action is the only entity able to provide Outreach Consulting for the Active Transportation Plan Update.

Ecology Action has deep connections in the Santa Cruz community, having completed similar projects as this for the City of Santa Cruz, County of Santa Cruz, and Cities of Watsonville and Scotts Valley. Their deep understanding and relationships with local groups save time, energy, and funds while implementing these complex projects.

17.1 FISCAL IMPACT: This project is grant funded from the California Department of Transportation, coming out of project c402408, Active Transportation Plan Update. Required matching funds come from staff time. There is no impact to the General Fund.

Prepared By:

Claire Gallogly
Transportation Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PSA TEMPLATE WITH INS ATTACHMENT.ECOLOGYACTINOATP.PDF

17.2 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 1
Professional Services Agreement With

ECOLOGY ACTION
For ACTIVE TRANSPORTATION PLAN- OUTREACH CONSULTANT
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Ecology Action (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of May 1, 2024 (the “Effective Date”).

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

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

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

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

17.3 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $118,000 without advance written City authorization in the form of an amendment or change order.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees unless otherwise specified in the Scope of Work. The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.

SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 23 months, beginning on the effective date of this Agreement and terminating on April 30, 2026.

17.4 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 3
Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

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

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

17.5 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 4
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant. [Review and select the applicable insurance requirements in Exhibit D – contact Risk Management in advance for approval] SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

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

17.6 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 5
effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

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

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance.

Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

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

17.7 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 6

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

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

17.8 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 7
proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

17.9 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 8
exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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.

17.10 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 9
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

17.11 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 10
performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

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

To CITY:

Public Works
Claire Gallogly
809 Center St Room 201
[email protected]
831-420-5107
To CONSULTANT:

Ecology Action
Shelby Crampton
877 Cedar St Suite 240, Santa Cruz CA 95060
[email protected]
831-515-1332
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

17.12 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 11

17.13 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 12
Approved As To Form:

By: ______________________________ Date: __________________ Office of the City Attorney

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

CONSULTANT
By: ______________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: ______________________________ Date: __________________ Printed: ___________________________ Title: __________________

17.14 City of Santa Cruz Professional Services Agreement for Active Transportation Plan- Outreach Consultant April 2024 (Form Rev.01/24 ) Page 13
EXHIBIT A: SCOPE OF WORK

17.15 Scope of Work Checklist
The Scope of Work (SOW) is the official description of the work that is to be completed during the contract. Tasks 1-6 outlined in the SOW are for illustrative purposes only. Applications with missing components will be at a competitive disadvantage. Please use this checklist to make sure your Scope of Work is complete.

Scope of Work Checklist
() Ensure these items are completed prior to submitting to Caltrans  Use the Fiscal Year 2023-24 template provided
 Include the activities discussed in the grant application  List all tasks using the same title as stated in the Project Cost and Schedule  Include task numbers in accurate and proper sequencing, consistent with the Cost and Schedule
 Exclude sub-task numbers; only include sub-headings
 Exclude tasks for project management and/or staff/consultant coordination; these activities should be spread among relevant tasks 
Include a thorough Introduction to describe relevant background, related planning efforts, the project and project area demographics, including a description of the disadvantaged community involved with the project, if applicable
 Include a thorough and accurate narrative description of each task 
Task 01 is a required task. It must be titled “Project Administration”, it cannot exceed 5% of the grant award amount, and only the grantee and sub-recipient(s) can charge against this Task. This Task must only include the following activities and deliverables:
• Caltrans and grantee Project kick-off meeting at the start of the grant • Invoicing and quarterly reporting to Caltrans
• DBE Reporting (federal grants only)
 Include Task 02 for the procurement of a consultant (if needed). This task is for the grantee and sub-recipient(s) only.
 Include detailed public participation and services to diverse communities in the Public Outreach Task (excluding technical projects) 
Identify public outreach strategies in a manner that provides flexibility and allows for a diverse range of outreach methods (both in-person and online), considering the current COVID-19 environment (excluding technical projects)

Include a Task(s) for a Draft and Final product. The draft plan must include an opportunity for the public to provide feedback (excluding technical projects).
 Include a summary of next steps your agency will take towards implementing the project in the Final Product

17.16

Page 2 of 17 ends

Santa Cruz City CouncilApril 30, 2024

Santa Cruz City Council
April 30, 2024