Santa Cruz City Council
June 11, 2024

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

CITY COUNCIL AGENDA
Regular Meeting - June 11, 2024
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, AND

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

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, June 10th
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, June 9th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
June 11, 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)
Claimant: Jose Ruelas
Claim against the City of Santa Cruz

2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) June 11, 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. Central Coast Community Energy Annual Update

4. Mayoral Proclamation Declaring June 2024 as National Elder Abuse Awareness Month and June 15, 2024 as World Elder Abuse Awareness Day
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

June 11, 2024 City Council 4
Consent Agenda

6. Minutes of the May 28, 2024 City Council Meeting (CC) Motion to approve as submitted.

7. Support for the Santa Cruz County Water and Wildfire Protection Act (CN)
Motion to adopt a resolution expressing the Santa Cruz City Council’s support for the Santa Cruz County Water and Wildfire Protection Act (WWPA).

8. Resolution Opposing the Governor’s Proposal to Cut Funds from the Market Match Program (EDH/CN)
Motion to adopt a resolution opposing the Governor’s proposal to cut $33.2 million of the $35 million budget for the Market Match Program and urging the Governor to maintain all safety net programs, including the California Nutrition Incentive Program (CNIP) in the state budget.

9. Exempt Surplus Land Declaration for Property owned by the City of Santa Cruz, 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 declaring 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 as exempt surplus land under the Surplus Lands Act and may be sold to the City of Scotts Valley for its agency use.

10. Second Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (EDH)
Motion to authorize the City Manager to execute the Second Amendment to Professional Services Agreement with Graffiti Protective Coatings, Inc., extending services through FY 2025 in an amount of $147,688.

June 11, 2024 City Council 5
Consent Agenda (continued)

11. Liability Claim Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Jose Ruelas, based on staff recommendation.

12. Lewis Tree Service Contract Change Order (41-24062) (PR) Motion to approve the Lewis Tree Service contract change order for emergency tree service work related to the FY 2024 winter storms (Contract number: 41-24062).

13. Award Contract for Groundsmaster 5900 Large Area Mower (PR) Motion to award a contract for the purchase of a Toro Groundsmaster 5900 Large Area Mower to Turf Star Western in the amount of $146,559.00.

14. 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
This item is continued to June 25, 2024 and will not be discussed.

15. Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade (c401706) – Notice of Completion (PW)
Motion to accept the work of Fluid Resource Management (Arroyo Grande, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade (c401706).

16. Centrifuge Control Panel Improvement Project (m409659) – Notice of Completion (PW)
Motion to accept the work of Separator Technology Solutions (San Leandro, CA) and authorize the filling of the Notice of Completion for the Centrifuge Control Panel Improvement Project (m409659).

June 11, 2024 City Council 6
Consent Agenda (continued)

17. Emergency Temporary Flare Installation Project at the Resource Recovery Facility (c401909) – Authorization to Ratify Purchase Orders Related to Emergency Project (PW)
Motion to ratify purchase orders related to the emergency temporary flare installation project with:
1) LFG Specialties, LLC (Boston Rouge, LA) to deliver, install, and lease a temporary flare to the City of Santa Cruz at the Resource Recovery Facility in the amount of $160,685.00;
2) Cupertino Electric Inc (San Jose, CA) to perform electrical work necessary to supply power to a temporary flare at the Resource Recovery Facility in the amount of $130,658.00; and
3) Tetra Tech BAS (Diamond Bar, CA) to construct the flare skid pad and pipe connection in the amount of $252,371.00 in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

End Consent Agenda
Consent Public Hearings

18. Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
Motion to adopt a resolution confirming the Parking and Business Improvement Area FY 2025 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2025.

19. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
Motion to adopt a resolution confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2025 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025.

June 11, 2024 City Council 7
General Business

20. First Reading of An Ordinance to Add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide (CM)
Motion to:
1) Introduce for publication an ordinance entitled “Prohibition of GasPowered Leaf Blowers” to add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code (SCMC) to prohibit the use of gas-powered leaf blowers Citywide. The California Environmental Quality Act (CEQA) determination: This ordinance is consistent with the Negative Declaration approved for the City of Santa Cruz Climate Action Plan 2030 adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the “common sense” exemption, 15061(b)(3) and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment;
2) Direct staff to pursue funding opportunities to provide financial assistance to City residents and small businesses to transition to electric-powered leaf blowers; and
3) Reevaluate the ongoing need for exemptions to the ordinance as part of the next Climate Action Plan 2030 Implementation 3-year Workplan (2026-2028).

June 11, 2024 City Council 8
General Business (continued)

21. Budget Adoption

21.1. Fiscal Year 2025 Proposed Budget Adoption (FN)
Motion to:
1) Adopt a resolution adopting the Fiscal Year (FY) 2025 Budget including the Capital Investment Program (CIP), effective July 1, 2024; authorize the City Manager to allocate within the applicable funds the FY 2025 Schedule of Administrative Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorize the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and 2) Accept the Water Commission’s recommendations regarding the Water Department’s FY 2025 Operating and Capital Investment Program (CIP).

21.2. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Public Works, City Manager’s Office, Finance, Parks and Recreation, Water, Economic Development and Housing, Information Technology, Police, Human Resources, and the Library (HR)
Motion to adopt a resolution amending the Classification and Compensation Plans for the FY 2025 budget personnel complement by implementing the approved FY 2025 budget/position changes in several departments.

Adjournment
June 11, 2024 City Council 9

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None Issued.

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JUNE 11, 2024

22. Proclaiming June 2, 2024 as “Elaine Johnson Day” and encouraging all citizens to join me in celebrating her as a Santa Cruz Pride Grand Marshal for 2024.

23. Proclaiming June 2, 2024 as “Pat Dellin Day” and encouraging all citizens to join me in celebrating her as a Santa Cruz Pride Grand Marshal for 2024.

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.

Arts Commission One opening, to be appointed by Mayor Keeley County Latino Affairs Commission One opening – at-large nomination 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.

Catherine Stedman
Chief Communications Officer
June 11, 2024
CITY OF SANTA CRUZ3CE Annual Presentation

3.1 A PARTNERSHIP TO SUPPORT SHARED CUSTOMERS

3.2 2023 YEAR IN REVIEW
Lower emissions
Cleaner more reliable grid
Community investmentStable and responsible rates

3.3 3CE PRIORITIZES INNOVATION
– One of California’s first solar + storage projects
– The state’s first new geothermal project in three
decades
– The largest compressed air battery storage in the
world

3.4 ADDITIONALITY – THE KEY TO OUR

PROCUREMENT STRATEGY
Investing in a diverse portfolio of renewables coupled with innovative energy storage capacity

3.5 CALIFORNIA BREAKS RENEWABLE ENERGY

RECORDS
It’s working!

3.6 3CE DELIVERS POWER FOR GOOD
Affordable Rates
Project Selection Criteria
Rebates & Incentives

3.7 INVESTING IN YOUR COMMUNITY
Residential, Commercial, & Agriculture Rebates Available Agriculture
Electrification
Program
-
$75,000
Electrify Your Home
$17,385
$2,500 per unit
Concierge
-
$24,000
New Construction
Electrification
$15,000
$250,000
Electric Bus
-
$200,000
$1000-4000
$150,000
Electrify Your Ride
ResidentialCommerical & Ag

3.8 REDUCING EMISSIONS IN THE BUILT

ENVIRONMENT
New ConstructionElectrification ProgramBienestar Plaza / 1500 Capitola Road
57 units in Santa Cruz

3.9 Ag Electrification Program
 $700,000 for 30 projects in 2023
 28% irrigation and harvest equip.,
portable power
 32% tractors and forklifts
 40% utility vehicles

GROWING SUSTAINABLE AGRICULTURE

3.10 INVESTING IN YOUR COMMUNITY
Total Investment Over $2 million
Agriculture
Electrification
Program
$8,000
Electrify Your Home
$258,000
Central Coast
Incentive Project
$207,000
New Construction
Electrification
$142,500
$ 150,000
$ 7,879
Charge Your FleetReach Code
Electric Bus
$1,112,201 $200,000
Electrify Your Ride

3.11 INVESTING IN YOUR CITY’S ENERGY TRANSITION
Member Agency Programs:

Plan Your FleetElectrify Your FleetCharge Your Fleet

3.12 INVESTING IN YOUR CITY’S ENERGY TRANSITION
– Reach Code Program
– Charging Stations/Charge‐ready
– Member Agency
Communications

3.13 Thank You
14 3CE.org [email protected]
Catherine Stedman
Chief Communications Officer
877‐455‐2223
Senior Account Manager (805) 693‐2000
Judith Young [email protected]

3.14 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
June 18 Council Chambers Joint Council/Planning Commission Study Session ‐ 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
August Council Chambers Study Session ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public 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
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)
City Hall Closure ‐ Labor Day
August 27
July 9 and 23 Meetings Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Independence Day
August 13
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

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

MINUTES OF A CITY COUNCIL MEETING
May 28, 2024
10:00 AM
Mayor Keeley opened the City Council Closed Session at 10:04 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, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: Councilmember Watkins.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Finance E. Cabell, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

Public Comment
Mayor Keeley opened the public comment period at 10:06 a.m. There were no speakers. Mayor Keeley closed the public comment period at 10:06 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) Claimant: Sentry Insurance
Claim against the City of Santa Cruz
Council received a status report, gave direction to the Risk Manager, and no reportable action was taken.

6.1 May 28, 2024 CITY COUNCIL MINUTES 6845
Closed Session (continued)

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. Chevron Corp. et al., (Sea Level Rise Litigation) (Santa Cruz County Superior Court Case No. 17CV03243)
(United States District Court, Northern District Case No. 18-cv-00458 LHK) Council received a status report, and took no reportable action.

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

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

MINUTES OF A CITY COUNCIL MEETING
May 28, 2024
10:45 AM
Call to Order – Mayor Keeley called the meeting to order at 10:48 a.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins (arrived at 10:59 a.m.), Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Chief of Police B. Escalante, Director of Parks and Recreation T. Elliot, Director of Planning and Community Development L. Butler, Chief of Fire R. Oatey, Director of Public Works N. Nguyen, Director of Economic Development and Housing B. Lipscomb, Director of Finance E. Cabell, Director of Water H. Luckenbach, Director of Information Technology K. Morgan, Chief People Officer S. De Leon, Deputy City Manager L. Murphy, Economic Development Manager R.

Unitt, Acting Parks Superintendent M. Godsy, Principal Management Analyst L. Bass, Assistant Director of Public Works/City Engineer K.

Crossley, Principal Management Analyst V. Pearson, Senior Planner R.

Bane, Transportation Manager M. Starkey, Fire Marshal T. Shields, 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 10:48 a.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Unidentified person spoke regarding a police officer on a motorcycle who rolled through a stop sign.

At 10:52 a.m. Mayor Keeley closed Oral Communications.

6.3 May 28, 2024 CITY COUNCIL MINUTES 6847
Presentations

4. 2023 Commission for the Prevention of Violence Against Women and Santa Cruz Police Department Joint Annual Report
Danielle Long, Chair of the Commission for the Prevention of Violence Against Women (CPVAW), and Vice Chair Karen Madura spoke and responded to Council questions.

Chief of Police B. Escalante spoke.

5. Beach Safety Week
This item was not heard.

6. Outstanding Volunteer Recognition
Karen Delaney, Executive Director of the Santa Cruz Volunteer Center, and Mayor Keeley spoke. Councilmembers recognized the volunteers.

Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from items 12 and 13 as it relates to her employment. Councilmember Watkins announced she is recusing herself from item 9.1 as it relates to her work as a Board Member for The United Way.

Additions and Deletions – City Clerk Administrator B. Bush announced that item 15 was continued to the meeting of June 11, 2024 and would not be discussed.

City Attorney Report on Closed Session – See pages 6844—6845 for the report.

Council Meeting Calendar

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

6.4 May 28, 2024 CITY COUNCIL MINUTES 6848
Consent Agenda
City Clerk B. Bush spoke regarding item 12, informing Council the resolution has been amended as follows removing the line, “In particular, the proceeds of the assessment are used to supplement funding for the Downtown Ranger Program.” From:

2. The City Council hereby declares and finds that the proposed assessment is based upon a proportionate degree of special benefit derived by each owner and tenant of business real property in the Cooperative Retail Management District. In particular, the proceeds of the assessment are used to supplement funding for the Downtown Ranger Program.

To:

2. The City Council hereby declares and finds that the proposed assessment is based upon a proportionate degree of special benefit derived by each owner and tenant of business real property in the Cooperative Retail Management District.

Economic Development Manager R. Unitt spoke regarding item 12.

Deputy City Manager L. Murphy, City Manager M. Huffaker, and Councilmember Watkins responded to Council questions regarding item 9.

Councilmember Kalantari-Johnson made a comment on item 9.

Councilmember Watkins made a comment on item 9 and announced she is recusing herself from item 9.1 as it relates to her work as a Board Member for The United Way.

Councilmember Brown made a comment on items 9 and 16.

Councilmember Newsome made a comment on item 9.

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

Nora Caruso spoke regarding item 9.

Erin Hohengarten spoke regarding item 9.

Mayor Keeley closed the public comment period.

6.5 May 28, 2024 CITY COUNCIL MINUTES 6849
Consent Agenda (continued)
MOTION: Vice Mayor Golder moved, seconded by Councilmember Brown, to approve the remaining amended Consent Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins (with the exception of item 9.1), Brunner (with the exception of items 12 and 13), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Watkins (item 9.1), Councilmember Brunner (items 12 and 13).

8. Minutes of the May 14, 2024 City Council Meeting (CC) Motion carried to approve as submitted.

9. Children’s Fund Advisory Committee Funding Recommendations for Use of Funding from FY 2020 through FY 2024
Motion carried to:
1) Approve the Children’s Fund Oversight Ad Hoc Subcommittee funding recommendation for the allocation of the FY 2020, FY 2022, FY 2023 and FY 2024 funds in the amount of $741,409; and
2) Allocate $10,000 from the Children’s Fund for community outreach.

10. METRO Transit Center Interim Operations Plan (h512307) – Notice of Completion (EDH)
Motion carried to accept the work of Downtown Santa Cruz Developer LLC (Hayward, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for the Santa Cruz Metropolitan Transit District (METRO) Transit Center Interim Operations Plan.

6.6 May 28, 2024 CITY COUNCIL MINUTES 6850
Consent Agenda (continued)

11. First Amendment to the Lease Agreement with Bonnie’s Gifts (EDH) Motion carried to authorize the City Manager to execute the First Amendment to the Lease Agreement with Bonnie’s Gifts, extending the term for five (5) years with one five (5) year extension option and other minor modifications.

12. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
Motion carried to:
 Approve the FY 2024 Annual Report and FY 2025 Plan prepared by the Downtown Management Corporation; and
 Adopt Resolution No. NS-30,334 as a Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.

13. Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
Motion carried to:
 Approve the annual report and work plan prepared by the Downtown Association for FY 2025; and
 Adopt Resolution No. NS-30,335 as a Resolution of Intention to levy a Downtown Association Parking and Business Improvement Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.

6.7 May 28, 2024 CITY COUNCIL MINUTES 6851
Consent Agenda (continued)

14. Award Contract for Sergeant Derby Park Playground - Environmental Clearance: Exempt - Section 15301, Existing Facilities; Section 15302, Replacement or Reconstruction; Section 15303, New Construction or Conversion of New Structures; and Section 15304, Minor Alterations of Land (PR)
Motion carried to find that the project is exempt under CEQA, award a contract for the purchase of Sergeant Derby Park Playground Equipment to Landscape Structures, Inc. (Delano, MN) in the amount of $139,254.38, and authorize the City Manager to execute a cooperative purchasing agreement in a form approved by the City Attorney.

15. 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
This item has been continued to the meeting of June 11, 2024 and was not discussed.

16. Award Contract for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project (PW) Motion carried to award a contract to Kennedy/Jenks Consultants, Inc. (Santa Clara, CA) for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project in the amount of $1,653,104 and reject all other proposals. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The City Manager is authorized to execute contract amendments within the approved project budget.

17. Outside Repair Services to Citywide Assets – Budget Adjustment (PW) Resolution No. NS-30,336 was adopted to amend the FY 2024 budget to appropriate funds in the amount for $400,000 for outside repair services for Citywide assets.

6.8 May 28, 2024 CITY COUNCIL MINUTES 6852
Consent Agenda (continued)

18. Adjustment of the City of Santa Cruz Water Department Miscellaneous Fees (WT)
Resolution No. NS-30,337 was adopted adjusting the City of Santa Cruz Water Department’s miscellaneous fees for services due to labor cost increases and rescinding Resolution No. NS-30,181.

19. 2024 Well Rehabilitation Project – Approval of Plans and Specifications, California Environmental Quality Act Exemption, and Authorization to Advertise for Bids and Award of Contract (WT)
Motion carried to:
 Approve the plans and specifications for the 2024 Well Rehabilitation Project (c702501) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders within the approved project budget; and  Find the 2024 Well Rehabilitation Project exempt under the California Environmental Quality Act (CEQA), allowing staff to file a Notice of Exemption.

20. U4 Tank Replacement Project – Award of Professional Engineering Services During Construction to Mesiti-Miller Engineering Inc. (WT) Motion carried authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Mesiti-Miller Engineering Inc. (Santa Cruz, CA) for Professional Engineering Services during Construction for the U4 Tank Replacement Project in the amount of $432,075 and to authorize the Water Director to execute future contract amendments within the approved project budget.

6.9 May 28, 2024 CITY COUNCIL MINUTES 6853
Consent Agenda (continued)

21. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-144-30, Owned by Karlheinz Schaaf Trust (WT)
Resolution No. NS-30,338 was adopted authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement between the City of Santa Cruz and Karlheinz Schaaf Trust for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and a temporary easement on APN 072-144-30 for the Brackney Landslide Area Pipeline Risk Reduction Project.

22. Purchase of Real Property Necessary for the Regional Drought Resiliency Project – Intertie 1 (c702205): Multiple Properties, Assessor’s Parcel Numbers 067-202-66 owned by the Yates Family Trust and 021-141-20 owned by the Scotts Valley Fire District and Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT) Motion carried to:
 Adopt Resolution No. NS-30,339 authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement, in form approved by the City Attorney, between the City of Santa Cruz and Nichole and Craig Yates for permanent and temporary easements on APN 067-202-66 located in Santa Cruz, CA near Sims Road and Firehouse Lane for the Regional Drought Resiliency – Intertie Project;
 Adopt Resolution No. NS-30,340 authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement, in form approved by the City Attorney, between the City of Santa Cruz and Scotts Valley Fire District (SVFD) for a permanent easement on APN 021-141-20 located in Scotts Valley, CA near La Madrona Drive and Altenitas Road for the Regional Drought Resiliency – Intertie Project; and
 Approve the plans and specifications for the Regional Drought Resiliency Project – Intertie 1(c702205) and authorize staff to advertise for bids. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders for the Regional Drought Resiliency Project – Intertie 1 (c702205) for amounts that are within the approved project budget.

End Consent Agenda

6.10 May 28, 2024 CITY COUNCIL MINUTES 6854
General Business

23. Report on Council Compensation and Staffing Study (CM) Assistant City Manager L. Schmidt introduced the item.

Jan Perkins, Vice President of Raftelis, gave a presentation and responded to Council questions.

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

Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to receive and approve a report regarding Council compensation and staffing in comparable cities to Santa Cruz.

FRIENDLY AMENDMENT: Mayor Keeley requested to add direction for the Mayor to work with the City Manager on further consideration of salary and staffing needs for Councilmembers and the Mayor and return with a report in October. Vice Mayor Golder and Councilmember Watkins accepted.

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 12:11 p.m. and returned at 12:44 p.m.

6.11 May 28, 2024 CITY COUNCIL MINUTES 6855
Call to Order – Mayor Keeley called the meeting to order at 12:44 p.m. in Council Chambers.

Roll Call

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

Absent: None.

General Business

24. FY 2025 Proposed Budget
City Manager M. Huffaker and Director of Finance E. Cabell gave a presentation and responded to Council questions.

Director of Planning and Community Development L. Butler, Director of Parks and Recreation T. Elliot, Chief of Police B. Escalante, Director of Public Works N. Nguyen, Acting Parks Superintendent M. Godsy, Director of Economic Development and Housing B. Lipscomb, Director of Information Technology K.

Morgan, Principal Management Analyst L. Bass, Chief of Fire R. Oatey, Assistant Director of Public Works/City Engineer K. Crossley, Chief People Officer S. De Leon, Assistant City Manager L. Schmidt, and Principal Management Analyst V.

Pearson, responded to Council questions.

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

Barbara Meister
At this time, Mayor Keeley paused this item to hear Item #25.

6.12 May 28, 2024 CITY COUNCIL MINUTES 6856
General Business (continued)

24. FY 2025 Proposed Budget (continued)
Public comment (continued)
Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to conduct the Fiscal Year (FY) 2025 Budget Hearings, receive information from staff for the City’s requested budget across all departments and the Capital Investment Program, and prior to the FY 2025 budget adoption to:
 Provide compensation study information.
 Look at positions that are vacant and hard to fill.
 Provide details of the Impact Fee Study, including exploring if projects can be included with impact fees.
 Outline the cost of the Sting Operation in the Goals and Accomplishments of the Police Department’s budget.
 Add to the Goals for the Fire Department a plan for apparatus replacement.  Provide a plan to revise the Pogonip Master Plan after demolition of the clubhouse.
 Add to Parks and Recreation Goals to collaborate with local sponsors to try and put on an organized 4th of July event for the summer of 2025.  Add to Planning and Community Development Goals to improve community engagement for housing projects.
 Determine a permanent location for the Children’s Youth Bill of Rights and Youth Liaison.
 Outline the building permit process.
 Consider a $25,000 increase with regard to tenant services.  Determine how to incorporate the enterprise fund balances.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 3:44 p.m. and returned at 4:04 p.m. to hear item #6.

6.13 May 28, 2024 CITY COUNCIL MINUTES 6857
General Business (continued)

25. Independent Police Auditor Report (CM)
City Manager M. Huffaker introduced the item.

Michael Gennnaco, Theresa Magula, and Samara Marion, OIR Group, gave a presentation and responded to Council questions.

Chief of Police B. Escalante responded to Council questions.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to receive the annual report from the City’s Independent Police Auditor, OIR Group.

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.

At this time, Council returned to item #24.

Recess - The City Council recessed at 4:23 p.m. to the 5:30 p.m. session.

6.14 May 28, 2024 CITY COUNCIL MINUTES 6858
Call to Order – Mayor Keeley called the meeting to order at 5:36 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Public Hearing

26. 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) Director of Planning and Community Development L. Butler introduced the item and responded to Council questions.

Senior Planner R. Bane gave a presentation and responded to Council questions.

Appellants Ian Guy, Natasha Guy, and Veronica Elsea gave a presentation.

Appellants Laura Livingston, James Mueller, and Vasiliki Vassil gave a presentation.

Applicant Jamilah Cannon, Founding Partner and Principal Architect with Workbench, and property owner Doug Wallace gave a presentation.

Transportation Manager M. Starkey responded to Council questions.

Fire Marshal T. Shields responded to Council questions.

6.15 May 28, 2024 CITY COUNCIL MINUTES 6859
Public Hearing (continued)

26. 1130/1132 Mission Street (PL) (continued)
Mayor Keeley opened the public comment period. The following people spoke.

Brian Pierson
Bradley Snyder
Kurt Hurley
Unidentified person
Nicole Della Santina
Kenny Ines
Garrett
Elizabeth Monderneese
Kevin Heuer
Eva Brunner
Gavin Roth
Unidentified person
Héctor Marín
Unidentified person
Lola Quiroga
Alex Santiago
Nicolas Robles
Theo Kell
Janine Roeth
Ryan Meckel
Donna Haraway
Mason
Craig Schindler
Dizzy Findlay
Anita Joseph
Greg
Bodie Shargel
Don Radcliffe
Craig Siemes
Bruce Thomas
Andrew Robinson
Pamela San Miguel
Unidentified person
Unidentified person
Rachel Moriconi
Bennett Williamson
Mayor Keeley closed the public comment period.

6.16 May 28, 2024 CITY COUNCIL MINUTES 6860
Public Hearing (continued)

26. 1130/1132 Mission Street (PL) (continued)
Appellants Ian and Natasha Guy provided a rebuttal.

Appellants Laura Livingston and James Mueller spoke.

MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to adopt Resolution No. NS-30,341 denying the appeals, and approving a 48-unit project and the permits needed for that project and grant the requested waivers for height, setbacks and FAR but only to the extent necessary to facilitate construction of a 48-unit project that does not include the 11 proposed storage units on the west side of the project.

FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to amend the Conditions of Approval with the following:
 Car ownership
Amend condition 57(c) to include the following:

The owner’s intent to prioritize tenancy to households that do not own a car, and inclusion of a provision in all lease agreements requiring tenants to acknowledge (and initial their acknowledgment) that surrounding neighborhoods include permit parking zones and that tenants in the project do not qualify for parking permits.  Additional Changes to the Project
If there are major modifications to the project, it must be brought back to the Planning Commission for approval.

Councilmember Newsome and Vice Mayor Golder accepted.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 9:09 p.m.

6.17 May 28, 2024 CITY COUNCIL MINUTES 6861
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

6.18 City Council

AGENDA REPORT
DATE: 05/21/2024
AGENDA OF: 06/11/2024
DEPARTMENT: City Council
SUBJECT: Support for the Santa Cruz County Water and Wildfire Protection Act (CN)
RECOMMENDATION: Motion to adopt a resolution expressing the Santa Cruz City Council’s support for the Santa Cruz County Water and Wildfire Protection Act (WWPA).

BACKGROUND: The Santa Cruz County Water and Wildfire Protection Act (WWPA) Campaign is a grassroots initiative aimed at addressing critical water and wildfire protection needs in Santa Cruz County. Through a comprehensive and proactive approach, the campaign seeks to address the increasing threat of wildfires and water scarcity, exacerbated by climate change and prolonged drought conditions.

The campaign was initiated by a coalition of community members, environmental organizations, and elected officials who recognized the urgent need to take action to safeguard Santa Cruz County’s natural resources and residents’ well-being. Over the past several months, the coalition has worked diligently to develop a ballot measure that would provide the necessary funding and support for vital water and wildfire protection initiatives in the county.

The Santa Cruz City Council (Council) support of the campaign will contribute to efforts to secure funding and backing for water infrastructure projects, wildfire prevention and response efforts, and sustainable management practices to protect the county’s natural resources.

DISCUSSION: The WWPA represents an opportunity for the City of Santa Cruz (City) to collaborate with other stakeholders in addressing pressing environmental and fire safety challenges facing the community. The campaign’s proposed ballot measure includes provisions for funding water infrastructure upgrades, investing in wildfire prevention measures, and promoting sustainable land management practices.

Water scarcity and the increasing frequency and severity of wildfires pose significant threats to Santa Cruz County’s residents, environment, and economy. By supporting the campaign, the City can help mobilize resources and engage residents in efforts to address these challenges proactively.

It is recommended to formally endorse the WWPA. Endorsing the campaign demonstrates the City’s commitment to addressing critical water and wildfire protection needs in the community and supports collaborative efforts to promote environmental stewardship and public safety.

7.1 FISCAL IMPACT: None.

Submitted By:

Fred Keeley
Mayor
Submitted By:

Sandy Brown
Councilmember
Submitted By:

Shebreh Kalantari-Johnson
Councilmember
ATTACHMENTS:

1. RESOLUTION.DOCX

7.2 RESOLUTION NO. NS-30,XXX

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

SUPPORTING THE SANTA CRUZ COUNTY WATER AND WILDFIRE PROTECTION

ACT (WWPA)
WHEREAS, on April 11, 2024, the Land Trust of Santa Cruz County submitted 16,049 signatures to the County Clerk for certification; and
WHEREAS, on May 2, 2024, the Land Trust of Santa Cruz County held a coalition gathering for the Santa Cruz County Water and Wildfire Protection Act Campaign; and WHEREAS, the official Campaign Launch was held on May 17, 2024, at 10:00 am at the Live Oak Library to make the formal commencement of the Campaign; and WHEREAS, the residents of Santa Cruz County face significant challenges related to water scarcity and the increasing threat of wildfires, exacerbated by climate change and prolonged drought conditions; and
WHEREAS, addressing these challenges requires proactive and collaborative efforts to safeguard the county’s natural resources, promote fire safety, and enhance community resilience; and
WHEREAS, the Santa Cruz County Water and Wildfire Protection Act Campaign is a grassroots initiative aimed at addressing critical water and wildfire protection needs in Santa Cruz County through a comprehensive and proactive approach; and WHEREAS, the campaign seeks to secure funding and support for vital water infrastructure projects, wildfire prevention and response efforts, and sustainable management practices to protect the natural resources and residents’ well-being; and
WHEREAS, endorsing the campaign demonstrates the commitment of the City of Santa Cruz to environmental stewardship, public safety, and collaborative efforts to address pressing environmental and public safety challenges facing the community.

NOW, THEREFORE, BE IT RESOLVED by the Santa Cruz City Council does hereby express its support of the Santa Cruz County Water and Wildfire Protection Act as recommended by the Land Trust of Santa Cruz County.

7.3 PASSED AND ADOPTED this 11th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

7.4 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Economic Development and Housing/City Council SUBJECT: Resolution Opposing the Governor’s Proposal to Cut Funds from the Market Match Program (EDH/CN)
RECOMMENDATION: Motion to adopt a resolution opposing the Governor’s proposal to cut $33.2 million of the $35 million budget for the Market Match Program and urging the Governor to maintain all safety net programs, including the California Nutrition Incentive Program (CNIP) in the state budget.

BACKGROUND: For over 34 years, Santa Cruz Community Farmers’ Markets (SCCFM) have been committed to health and the local economy. SCCFM consists of five farmers’ markets throughout the County of Santa Cruz, including two in the City: one downtown and one in the westside. Purchasing food through SCCFM ensures purchasers get fresh and healthy foods while supporting local jobs, increasing local spending, and promoting the region’s strong farming tradition.

The CalFresh Program is for individuals who meet federal income eligibility rules and want to add to their budget to purchase healthy and nutritious food. The Market Match Program is California’s healthy food incentive program that matches customers’ CalFresh nutrition assistance benefits at farmers’ markets and other farm-direct sites. Market Match provides dollar-for-dollar match on CalFresh purchases, with a daily maximum, at hundreds of locations statewide. The 15-year-old program is funded by federal, state, and private funds. All SCCFM markets participate in the Market Match Program.

On January 10, 2024, Governor Gavin Newsom announced the state is facing a $37.9 billion shortfall and released his 2024-25 budget proposal which includes a cut of $33.2 million from the $35 million budget for the Market Match Program, also known as the California Nutrition Incentive Program (CNIP).

DISCUSSION: In 2023, $19.4 million of CalFresh and Market Match incentives were spent statewide with local farmers. Cutting the budget for the Market Match Program would limit the funds available to low-income shoppers who would not otherwise be able to purchase fresh fruits and vegetables. Not only would cutting the budget negatively impact the Market Match shoppers but it would also hurt SCCFM farmers. It is likely participating farmers would see a decrease in sales.

8.1 Additionally, researchers estimate that for every $1 of Market Match spent, an additional $3 is generated in the economy. If the budget cut is approved, it would likely result in a decrease in the City’s overall sales tax revenue.

Opposing the budget cut to the Market Match Program would continue the City’s support for low-income shoppers and local farmers, while also strengthening community farmers’ markets.

HEALTH IN ALL POLICIES (HIAP): Adopting the Resolution is consistent with the HiAP framework, especially the pillars of equity and public health. It is estimated that in 2023, 38.8 million in fruit and vegetables servings were purchased through CalFresh and Market Match statewide. Without the Market Match Program, low-income shoppers would have limited funds to purchase fresh locally farmed fruits and vegetables. Seventy-one percent (71%) of customers surveyed reported that their family’s health improved as a result of the Market Match Program.

Additionally, Market Match supports equity with local farmers who may otherwise be disadvantaged against big business farms. Eighty-four percent (84%) of farmers participating in the program reported selling more fruits and vegetables and thirty-seven percent (37%) reported expanding their operations with new hires, equipment, acreage, and crops.

FISCAL IMPACT: None. However, if the Governor cuts $33.2 million from the Market Match Program, it is anticipated that the public will purchase less at farmers’ markets, negatively impacting the sales tax revenue contributed to the General Fund.

Prepared By:

Jennifer Shelton
Principal Management
Analyst
Submitted By:

Bonnie Lipscomb
Economic Development and
Housing Director
Martine Watkins
Councilmember
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

8.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ OPPOSING THE GOVERNOR’S PROPOSAL TO CUT $33.2 MILLION OF THE $35

MILLION BUDGET FOR THE MARKET MATCH PROGRAM AND URGING THE

GOVERNOR TO MAINTAIN ALL SAFETY NET PROGRAMS, INCLUDING THE

CALIFORNIA NUTRITION INCENTIVE PROGRAM (CNIP) IN THE STATE BUDGET WHEREAS, on January 10, 2024, Governor Gavin Newsom announced the state is facing a $37.9 billion shortfall and released his 2024-25 budget proposal which proposes a drastic cut of $33.2 million from the current $35 million budget for the Market Match program (also known as the California Nutrition Incentive Program or CNIP); and WHEREAS, Market Match draws down dollar-for-dollar federal matching dollars, supporting economic development in California's struggling rural areas, and its cuts would dismantle a decade-long partnership and critical infrastructure; and WHEREAS, Market Match is a vital program that matches Electronic Benefit Transfer (EBT)/CalFresh shoppers' purchases at farmers markets, providing dollar-for-dollar incentive dollars to purchase locally grown fresh fruits and vegetables, supporting low-income shoppers, helping local farmers, and strengthening farmers markets; and WHEREAS, Market Match has been successfully operating at the Downtown Santa Cruz, Westside Santa Cruz and Live Oak/Eastside Santa Cruz farmers’ markets for over thirty (30) years; and
WHEREAS, the loss of Market Match funding is expected to have a negative impact on low-income shoppers, local farmers, and success of community markets, drawing in new customers, and retaining vendors; and
WHEREAS, the Market Match funding was included in the joint versions of the 2023/2024 budget and signed by the governor at $35 million last year; and WHEREAS, Market Match is a vital program that helps low-income California families access fresh fruits and vegetables by matching Supplemental Nutrition Assistance Program (SNAP) benefits for California-grown fresh produce, safeguarding against food insecurity and advancing health equity; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

SECTION 1. The City Council hereby opposes the Governor's proposed cut of $33.2 million from the $35 million budget for the Market Match program and expresses concern about the potential negative impact on low-income shoppers, local farmers, and the success of community markets.

8.3 RESOLUTION NO. NS-XX,XXX
2 SECTION 2. The City Council hereby urges the Governor to maintain all safety net programs, including the California Nutrition Incentive Program (CNIP), in the state budget for the well-being of California families, farmers and the economy.

SECTION 3. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. The City Clerk shall further transmit a copy of this resolution to the Governor, Chairs of the Senate and Assembly Budget Committees, Senator John Laird, and Assemblymember Gail Pellerin to emphasize the City of Santa Cruz's strong opposition to the proposed cuts and support for vital programs such as Market Match and CNIP.

PASSED AND ADOPTED this 11th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

8.4 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Exempt Surplus Land Declaration for Property owned by the City of Santa Cruz, 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)
RECOMMENDATION: Motion to adopt a resolution declaring 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 as exempt surplus land under the Surplus Lands Act and may be sold to the City of Scotts Valley for its agency use.

BACKGROUND: The City of Santa Cruz (City) owns approximately 8.15 acres in the City of Scotts Valley located at the northwest corner of Mount Hermon Road and Kings Village Road.

The three contiguous parcels constitute the remaining vacant land of the former Skypark Airport which ceased operations in 1982. In the late 1980s the property was declared surplus and a portion of the property was sold by the City of Santa Cruz for a private residential development in Scotts Valley. For a period of twenty years, the remaining property was subject to an Owner Participation Agreement (OPA) with the Redevelopment Agency of the City of Scotts Valley which contained an option for purchase by the Redevelopment Agency of the City of Scotts Valley. With the termination statewide of redevelopment, it was no longer possible to execute an annual extension of the purchase option with the Redevelopment Agency and the agreement term expired.

Over the last ten years, the City has worked cooperatively with proposed developers who were interested in acquiring the City-owned parcels for development pursuant to a proposed concept plan known as the Scotts Valley Town Center Project. None of the proposed acquisitions were completed due to project financing feasibility. Since 2019, the City has been in discussions with the City of Scotts Valley regarding the potential sale of the three contiguous City-owned parcels directly to the City of Scotts Valley. On April 30, 2024, the City Council approved the Purchase Sale Agreement between the City of Santa Cruz and the City of Scotts Valley for the sale of the City-owned property to the City of Scotts Valley.

DISCUSSION: While the City-owned property was declared surplus in the late 1980s in compliance with the Surplus Lands Act and subsequently subject to several prior proposed sales, recent changes in the Surplus Lands Act provide that a disposition from one agency to another agency for the local agency’s use may be declared “exempt surplus land” for purposes of compliance with the Surplus Lands Act. Upon the sale of the property to the City of Scott

9.1 Valley, the City of Scotts Valley will be the agency responsible for complying with future actions related to the Surplus Lands Act prior to any future development or subsequent sale of the property to a third party.

Staff recommends that the City Council adopt a resolution declaring 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 as exempt surplus land under the Surplus Lands Act and may be sold to the City of Scotts Valley for its agency use.

HEALTH IN ALL POLICIES (HiAP): The City Council has directed that the proceeds of the sale of the City-owned properties shall be applied to the project costs of the Downtown Library Affordable Housing Project (Project). The Project meets the economic security and mobility goals of HiAP by providing affordable housing and reducing poverty, supporting financial wellbeing and improving the overall quality of life for Project residents. Additionally, the Project meets the Santa Cruz County core conditions of providing stable, safe, affordable housing that is accessible and available to all income-qualified residents.

ENVIRONMENTAL REVIEW: The resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378.

Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT: None.

Prepared and Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

9.2 RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY

OWNED BY THE CITY IS EXEMPT SURPLUS LAND FOR PURPOSES STATED HEREIN,

AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Santa Cruz (the “Agency” or the “City”) is the owner in fee simple of that certain real property located at the northwest corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, County of Santa Cruz, California, commonly referred to as Assessor's Parcel Numbers 022-721-07, 022-721-08, and 022-721-09 (collectively, the “Property”), and further described in Exhibit “A”, attached hereto and incorporated herein; and WHEREAS, the City desires to dispose of the Property to the City of Scotts Valley, for use by the City of Scotts Valley, and the Property is not within a coastal zone, adjacent to a historical unit of the State Parks System, listed on or determined to be eligible for the National Register of Historic Places, or within the Lake Tahoe region; and
WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act pursuant to the City’s previously declaration of surplus on November 1, 1988, by the adoption of Resolution No. NS-18,364; and WHEREAS, the Property may be declared exempt surplus land if it is disposed to another local agency for the local agency’s use (Government Code section 54221(f)(1)(D)); and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Cruz AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein as a substantive part of this Resolution.

SECTION 2. The City Council hereby finds that the Property is “exempt surplus land” that may be transferred to the City of Scotts Valley for its agency use.

SECTION 3. The City Council therefore declares that the Property is exempt surplus land pursuant to section 54221(f)(1)(D) of the Act and may be disposed of to the City of Scotts Valley.

SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Staff has determined that the designation of this property as exempt surplus does not have the potential for

9.3 RESOLUTION NO. NS-XX,XXX
2 creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 11th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the City of Santa Cruz held on June 11, 2024. _______________________________
Fred Keeley, Mayor
I, the undersigned, hereby certify: That I am the duly appointed and acting City Clerk of the City of Santa Cruz, and that at a regular meeting of the City Council of said Agency held on June 11, 2024 the foregoing Resolution No.____ was duly and regularly adopted by said City Council, and that said resolution has not been rescinded or amended since the date of its adoption, and that it is now in full force and effect.

DATED:
_______________________________
Bonnie Bush, City Clerk
Administrator

9.4 Exhibit A
Legal Description

9.5 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Second Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (EDH)
RECOMMENDATION: Motion to authorize the City Manager to execute the Second Amendment to Professional Services Agreement with Graffiti Protective Coatings, Inc., extending services through FY 2025 in an amount of $147,688.

BACKGROUND: In 2003 the Redevelopment Agency established a graffiti abatement program using volunteers and a private contractor to remove graffiti. Over the years, the number of graffiti removal reports increased, and it became more cost efficient to contract out for graffiti abatement services. Since 2006, Economic Development and Housing, Parks and Recreation, Public Works, and the Water Departments have contributed funds for graffiti removal services.

In April 2022, the Economic Development and Housing Department solicited bids for a graffiti abatement services contract and received one proposal from Graffiti Protective Coatings, Inc. (GPC). In June 2022, Council awarded the contract to GPC for a one (1) year term, with the option to renew the Agreement for two (2) additional (1) year periods. In June 2023, Council approved the First Amendment to the Agreement, renewing the Agreement for one (1) additional one (1) year period, increasing the cost of services, and expanding the scope of work.

DISCUSSION: GPC has been the City’s abatement contractor for over ten years and has provided excellent graffiti abatement services. They remove graffiti and restore surfaces to their orignial condition. When paint is used for removal, they provide a 99% paint color match. For each tag, GPC provides before and after photos that show their quality of work. From July 2023 to April 2024, GPC has responded to over 3,800 tags. Based on GPC’s exceptional work, staff recommends exercising the option to renew the agreement for a one (1) year term through FY25, in an amount not to exceed $147,688.

HEALTH IN ALL POLICIES (HIAP): The proposed amendment is consistent with the HiAP pillars of equity and public health in that it supports a safe and just community. Graffiti has been associated with further crime and disorder. By removing graffiti within a timely manner, which GPC does, it sends a signal that the community does not tolerate crime. Additionally, by keeping the City clear of graffiti, it provides the public safe and clean areas, such as parks, to foster community connectedness.

10.1 FISCAL IMPACT: Economic Development and Housing, Parks and Recreation, Public Works, and Water Departments have included funds for graffiti abatement services in their FY 2025 operating budgets.

Prepared By:

Jennifer Shelton
Principal Management
Analyst
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC..PDF

10.2 10.3

10.4 10.5
1 Lindsay Nelson
From: Kevin Vogel <[email protected]>
Sent: Friday, June 7, 2024 7:09 PM
To: City Council
Subject: Public Comment, Agenda Item #10 - Graffiti Services Abatement Agreement Dear Mayor Keeley and Councilmembers:

I support allocaƟng funding for the second amendment to graffiƟ services abatement agreement that you will consider on the Council Agenda of 6/11/24.

I have used the Community Request for Service Portal (CRSP) in the past several months to report graffiƟ in the University Terrace Park neighborhood on the upper west side with extraordinarily posiƟve results. Each Ɵme I have submiƩed a request, the graffiƟ that I reported was removed in a Ɵmely manner. The service provider, GraffiƟ ProtecƟve CoaƟngs Inc. does an amazing job. I encourage you to conƟnue funding this valuable community service.

As always, thank you for the tremendous amount of work that each of you do on behalf of our community.

Respecƞully,
Kevin Vogel
Santa Cruz

10.6 City Council

AGENDA REPORT
DATE: 05/21/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Finance
SUBJECT: Liability Claim Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claim of 1) Jose Ruelas, based on staff recommendation.

BACKGROUND: N/A.

DISCUSSION: I. Claim to be rejected:

1. Claimant: Jose Ruelas
Date of occurrence: 4/15/2024
Date of claim: 5/8/2024
Amount of claim: $6,500.00
Claimant seeks reimbursement for alleged damages to his vehicle.

Self-Represented
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk and Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

11.1 City Council

AGENDA REPORT
DATE: 05/21/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Lewis Tree Service Contract Change Order (41-24062) (PR) RECOMMENDATION: Motion to approve the Lewis Tree Service contract change order for emergency tree service work related to the FY 2024 winter storms (Contract number: 41-24062).

BACKGROUND: Chapter 3.08.150 of the Municipal Code states that “a contract may be awarded without competition when the purchasing manager or its designee determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The purchasing manager or its designee shall conduct negotiations, as appropriate, as to price, delivery, and terms.” At the beginning of FY 2024, Parks and Recreation staff and the purchasing manager recognized 1) the City’s immediate need for contracted tree services for ongoing operations as well as the response for emergency services, and 2) the need to revisit the last tree services solicitation in 2012.

The purchasing manager reviewed and evaluated the pricing provided in the previously conducted tree services solicitation (2012) and determined it to be fair and reasonable. To maintain continuity of operations in FY 2024, the purchasing manager recommended a single source to extend the existing agreements with the three firms selected through the 2012 competitive procurement process - Lewis Tree Service, Community Tree Service and The Davey Tree Company.

Staff ensured competitive pricing by issuing POs to each firm and awarded specific jobs to the firm with the lowest price, appropriate equipment, and best availability to do the work.

Concurrently, the Purchasing Division and Parks and Recreation staff developed a scope of work and specifications for a competitive solicitation for Tree Services (RFP No. FIN-0045) that was issued November 21, 2023, and is presently being evaluated. This solicitation will be the basis for FY 2025 tree service contracts.

Meanwhile, winter weather conditions, which brought high winds, flooding, and saturated soils to the City of Santa Cruz, led to downed trees and tree damage that threatened public safety and public access. Emergency tree service contracts, i.e., purchase orders, were issued and work was scheduled based on criteria outlined above.

12.1 Based on the volume of tree work ordered, the emergency contract with Lewis Tree Service entails a change order that will result in the vendor being awarded emergency tree service work not to exceed $175,000.00, which requires City Council approval.

DISCUSSION: Staff recommends awarding the work in the form of a change order to Lewis Tree Service, the vendor demonstrating the necessary qualifications to perform the emergency work within the time frames required to maintain public access and safety.

HEALTH IN ALL POLICIES (HiAP): These efforts support the City’s HiAP framework because they mitigate impacts to the urban forest and address public health issues resulting from severe weather.

FISCAL IMPACT: The Parks and Recreation Department is completing the required Federal Emergency Management Agency (FEMA) documentation for all work completed under this contract and expects most of the expenses to be reimbursed as a result of associated federal and/or state disaster declarations as applicable. Any non-reimbursed emergency tree work will be covered by the department’s FY 2024 General Fund balance.

Prepared By:

Lindsay Bass
Principal Management
Analyst
Submitted By:

Tony Elliot
Parks and Recreation Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

12.2 City Council

AGENDA REPORT
DATE: 05/21/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Award Contract for Groundsmaster 5900 Large Area Mower (PR) RECOMMENDATION: Motion to award a contract for the purchase of a Toro Groundsmaster 5900 Large Area Mower to Turf Star Western in the amount of $146,559.00.

BACKGROUND: The City of Santa Cruz has over 200 acres of community and neighborhood parks. Well-maintained turf provides a safe and enjoyable playing surface for sports and recreational activities, reducing the risk of injuries. Further, proper turf management practices, supported by efficient mowing equipment, can contribute to environmental sustainability, such as soil conservation and water retention. Currently, a single, aging large area mower is used to maintain community and neighborhood parks. Equipment failure is occurring on a more frequent basis, and procuring the necessary repair parts can delay mow work or necessitate the use of smaller equipment that is less efficient and more time intensive for park maintenance staff. A new mower in the Parks Division would reduce downtime due to maintenance or repair issues, ensuring that mowing schedules can be maintained safely. Further, the initial investment in a new mower will yield long-term cost savings from reduced accidents, injuries, and maintenance in the future.

DISCUSSION: Section 3.08.170 of the Municipal Ordinance allows the City to buy from cooperative purchasing agreements when is in the best interest of the City to do so.

The City of Santa Cruz is a member of Sourcewell Cooperative Purchasing and will utilize a cooperative contract to purchase from Turf Star Western, an authorized dealer of The Toro Company. Sourcewell Contract No. 031121-TTC with The Toro Company is effective through April 30, 2025. The cooperative contract has been awarded by virtue of a public and formal competitive procurement process compliant with state statutes and formal procurement methods.

Cooperative agreements result from a procurement process completed by a consortium or single agency that is authorized for use by other municipalities and government agencies.

An authorized Toro Company dealer, Turf Star Western has successfully provided equipment and parts to the City in the past and staff recommends utilizing this vendor for procuring a new, more reliable large area mower for maintenance of the City’s extensive park system.

HEALTH IN ALL POLICIES: These efforts support the City’s Health in All Policies Framework because they will enhance the City’s landscaping capacity and improve efforts to effectively maintain its green infrastructure.

13.1 FISCAL IMPACT: This equipment purchase will utilize existing FY 2024 budgeted operating fund in activity 3107, Community and Regional Parks.

Prepared By:

Lindsay Bass
Principal Management
Analyst
Submitted By:

Tony Elliot
Parks and Recreation Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. COOPERATIVE AGREEMENT.PDF

13.2 City of Santa Cruz Cooperative Purchase Agreement

COOPERATIVE PURCHASE AGREEMENT
THIS COOPERATIVE PURCHASE AGREEMENT (“Agreement”) is entered into as of June 11, 2024 (the “Effective Date”) between the City of Santa Cruz (“City”) and Turf Star, Inc. (“Vendor”) (collectively “Parties”) in order to incorporate a piggyback contract between The Toro Company, for whom Vendor is an authorized dealer, and Sourcewell (“Original Entity”), entitled 031121-TTC: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services, and dated April 29, 2021.

RECITALS
WHEREAS, the City wishes to obtain services relating to the acquisition of a new large area rotary mower (the “Services”) in a cost-effective manner, as defined and described in the Scope of Work, attached hereto as Exhibit A, entitled Quotation for City of Santa Cruz, and incorporated herein by reference (“Scope of Work”).

WHEREAS, Original Entity published its Notice Inviting Bids for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services in accordance with Government Code Section 6066 and Public Contract Code Section 20112 (“Original Entity Notice”); WHEREAS, Vendor is an authorized dealer of The Toro Company which submitted a Bid Proposal to the Original Entity Notice;
WHEREAS, Original Entity selected The Toro Company based on The Toro Company’s Bid Proposal and Original Entity awarded the agreement on March 11, 2021 to The Toro Company. The Vendor Agreement, incorporating The Toro Company’s Bid Proposal as modified by their May 12, 2022 letter, is attached hereto as Exhibit B and incorporated herein by reference; WHEREAS, The Toro Company Agreement contains a “piggyback” cooperative provision, permitting the City to utilize the Vendor Agreement to purchase the Services; WHEREAS, the City has determined that it is in its best interests to piggyback on the same terms as provided via the Vendor Agreement; and
WHEREAS, Vendor wishes to provide the City with the Scope of Work, pursuant to the terms and conditions of the Vendor Agreement, with appropriate modifications to address that the Contract is with City instead of the Original Entity.

AGREEMENT
NOW, THEREFORE, in consideration of each other’s mutual promises, and incorporating the above Recitals, the Parties hereto agree as follows:

SECTION 1: INCORPORATION OF DOCUMENTS

1. This Agreement fully incorporates by this reference the following documents:
a. Scope of Work, attached hereto as Exhibit A.
b. The Vendor Agreement, attached hereto as Exhibit B, but as modified by subpart 2, below, including Amendment 1, effective Octoewr29, 2021.
c. The City’s standard Terms and Conditions (“Terms and Conditions”), attached hereto as Exhibit C.
d. The insurance requirements set forth in Exhibit D.

13.3 City of Santa Cruz Cooperative Purchase Agreement

2. This Agreement makes the following modifications to the Vendor Agreement:
a. City will be considered a Participating Entity under the Vendor Agreement, but also all references to “Sourcewell” in the Vendor Agreement shall mean and refer to the City for purposes of this Agreement except in the second paragraph, where Sourcewell is defined as a local government agency and service cooperative. City shall be defined as a California Charter City.
b. All references to Vendor or The Toro Company in the Vendor Agreement shall mean and refer to Vendor, although Vendor will also be deemed and understood to be a dealer of The Toro Company.

SECTION 2: SCOPE OF WORK
Vendor will furnish the Scope of Work, as further defined and described in the attached hereto as Exhibit A. Any change to the Scope of Work, including compensation in excess of the Total Maximum Cost, shall be made with the prior written approval of City and Vendor.

SECTION 3: PRECEDENCE
To the extent any term or condition of this Agreement is inconsistent with the Vendor Agreement, or any of the other exhibits hereto, the terms and condition of this Agreement shall have priority and control, in particular the Scope of Work (Section 1), payment (Section 4), venue and jurisdiction (Section 8(2)), insurance (Section 6), and indemnification (Section 7) provisions in this Agreement which shall control over all other contradictory provisions. The order of control is: This Agreement, the insurance provisions of Exhibit D, the Terms and Conditions, the Exhibit A Statement of Work, and then the Vendor Agreement.

SECTION 4: PRICING AND PAYMENT
Vendor hereby acknowledges and certifies that the prices indicated herein and in the referenced documents are the prices indicated and/or authorized in the Vendor Agreement.

The total not-to-exceed cost for this Agreement shall not exceed one hundred forty-six thousand five hundred fifty-nine dollars ($146,559.00) (the “Total Maximum Cost”). The Total Maximum Cost consists of the costs for all services rendered by Vendor in the performance of the Scope of Work, as identified in Exhibit A.

For Services actually rendered, the City will pay all undisputed sums properly invoiced and on a form acceptable to the City, within thirty (30) days based on itemized invoices from the Vendor listing actual costs and expenses.

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.

All invoices shall contain the following affidavit signed by Vendor (if individual) or by an authorized representative of Vendor’s firm (if Vendor is an entity):

13.4 City of Santa Cruz Cooperative Purchase Agreement

"I hereby certify [or as an authorized representative of Vendor] 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."
SECTION 5: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on upon completion of the Scope of Work. Vendor shall begin work as specified in a written authorization (e.g., Notice to Proceed).

The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

SECTION 6: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Vendor will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Vendor 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 Vendor.

SECTION 7: INDEMNIFICATION
Vendor 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”) arising in any way related to the obligations or performance of this Agreement by Vendor, Vendor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Vendor’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. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

The obligations of the Vendor under this Section shall survive expiration or termination of the Agreement to the fullest extent permitted by law.

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

SECTION 8: MISCELLANEOUS PROVISIONS

1. 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.

2. Venue and Jurisdiction. This Agreement shall be governed by and interpreted in accordance with California law. Any action or proceeding to enforce this Agreement shall be commenced and maintained in Santa Cruz, California. Notwithstanding any provision to the contrary, this venue and jurisdiction provision shall control over any contradictory provision in the Vendor Agreement.

3. 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

13.5 City of Santa Cruz Cooperative Purchase Agreement

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:

Parks & Recreation
Tony Elliot
323 Church St.

Santa Cruz, CA 95060
[email protected]
831-420-5270
To VENDOR:

Turf Star, Inc. (DBA Turf Star Western)
Nolan Stark
2438 RADLY Court
Hayward, CA 94545
[email protected]
800-585-8001
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

4. 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.

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

13.6 City of Santa Cruz Cooperative Purchase Agreement

Approved As To Form:

By: _____________________________ Date: _________________ Office of the City Attorney, Ashley Wheelock
VENDOR
By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________ Signature Requirements for 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

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

May 31, 2024
May 31, 2024
Nolan Stark Vice Presidnet
Doug Dahl
May 31, 2024
Chief Operations Officer

13.7 Date: November 28, 2023
Quotation for City of Santa Cruz
Quote No:640752-00
1 | Page
Prepared For: Steve Gomez Quote No: 640752-00
City of Santa Cruz iQuote No: 146752
323 Church St.

Santa Cruz, CA 95060
Sales Person: Brian Daum
[email protected]
(510) 340-0697
Summary
Configuration Name Qty Unit Price Sub Total Sales Tax Total 010-GM5900 T4 Final 1 $134,150.10 $134,150.10 $12,408.90 $146,559.00 Totals: $134,150.10 $12,408.90 $146,559.00
Exhibit A

13.8 Date: November 28, 2023
Quotation for City of Santa Cruz
Quote No:640752-00
2 | Page
Configuration Product Details
010-GM5900 T4 Final
Model Product Description Qty Unit Price Extended Sales Tax Total 31698 GM5900 T4 Final 1 $128,149.32 $128,149.32 $11,853.81 $140,003.13 131-6691 SEAT COVER, LARGE 1 $48.52 $48.52 $4.49 $53.01 31512 Backup Alarm Kit 1 $151.32 $151.32 $14.00 $165.32 132-1391 BLADE SERVICE PACK, ATOM IC 20.00 IN 2 $320.66 $641.32 $59.32 $700.64 FSD1 Setup 1 $2,579.81 $2,579.81 $238.64 $2,818.45
FSD2 Delivery 1 $2,579.81 $2,579.81 $238.64 $2,818.45
Totals: $146,559.00

13.9 Date: November 28, 2023
Quotation for City of Santa Cruz
Quote No:640752-00
3 | Page
Standard Terms and Conditions
Prices including all finance options are subject to change based on Turf Star Western’s receipt of product and estimated shipments. Currently, product availability is a minimum of 6-18 months. Your Final Price will be determined at time of shipment. Delivery is FOB point of origin unless otherwise stated.

Office Locations
Northern California: Southern California: Pacific Northwest:
3928 N.Blattela Lane 79-253 Country Club Drive 1750 Industrial Dr.NE Fresno, CA 93727 Bermuda Dunes, CA 92203 Salem, OR 97301 Fax: (559) 277-7123 Fax: (760) 345-4297 Ph: (503) 691-0250 2438 Radley Court 955 Beacon Street 5869 South 194th
Hayward, CA 94545 Brea, CA 92821 Kent, WA 98032
Fax: (510) 785-3576 Fax: (800) 775-8873 Fax: (253) 872-6942 11373 Sunrise Gold Circle 2110 La Mirada Ste 100 2824 East Garland Rancho Cordova, CA 95742 Vista, CA 92083 Spokane, WA 99207 Fax: (800) 241-1997 Fax: (760) 734-4285 Fax: (509) 483-7563 WARNING:

Cancer and Reproductive Harm-http://www.P65Warnings.ca.gov For more information, please visit http://www.ttcoCAProp65.com

CALIFORNIA SPARK ARRESTER WARNING
Operation of this equipment in the State of California may create sparks that can start fires around dry vegetation. A spark arrestor may be required.

The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements.

13.10 More Parks & More Rec.

Call your Toro distributor at 800-803-8676

FEATURES
Groundsmaster® 5900/5910

LARGE AREA ROTARY MOWER
Tasked with maintaining more parks and sports fields with no additional workers or budget? Is it possible to do more with less? The Groundsmaster® 5900 Series mowers can mow over 17 acres/hour (6.87 hectares/hour) using only one operator! And to match the 16’ (4.88 m) wide mowing brawn and a more fuel-efficient EPA Tier 4 Final and EU Stage IV emissions compliant Yanmar® 3.3 L engine, the Groundsmaster 5900 series is loaded with intelligence. SmartPower® allows the operator to effortlessly maintain the correct speed for optimal cutting, while the SmartCool® system prevents overheating with auto-reversing the cooling fans. An onboard InfoCenter™ gives the operator a quick read on all systems and even provides assistance at the right moment. When the comfort and safety of an all season cab, the incredibly nimble handling, and tough Toro durability are added in, the new Groundsmaster 5900 series proves beyond doubt that increased efficiency and ease of operation lead to higher productivity.
• 192 in. (488 cm) width of cut, mows 100+ acres
per day
• 3.3 L Yanmar® EPA Tier 4 Final and EU Stage IV
emissions compliant turbo-diesel engine
• Full-time, bi-directional 4WD
• SmartPower® -optimized mowing in all
conditions
• CrossTrax® all-wheel drive system offers
increased cross wheel traction control
• 0” uncut circle in turns
• Onboard InfoCenter™ with advisories and
diagnostics for maximum uptime
• SmartCool® auto-reversing cooling fans
• 24-volt electrical system powers cooling
system
• HybridDrive™ cutting deck system delivers
unmatched reliability
• 4-way adjustable seat and
Air Ride Suspension
• Integrated ControlArm™ with fingertip
electronic controls
• All-season safety cab with
air conditioning and heater (5910)
toro.com/5900
Groundsmaster® 5900
Groundsmaster® 5910
©2018 The Toro Company. All rights reserved. Rev. 1/18

13.11 2
2018 Toro Commercial Equipment Guide 18-003-T Rev. 1/18 Groundsmaster® 5900/5910 Specifications*
The Groundsmaster 5900 and 5910 are manufactured
in Tomah, WI ISO 9002 Certified Plant.
*Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only.

Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. **Maximum productivity @ 10.8 mph (17.4 km/h) & 100% efficiency.

Typical productivity @ 8 mph (12.9 km/h) & 85% efficiency GROUNDSMASTER 5900, MODEL 31698 / GROUNDSMASTER 5910, MODEL 31699 ENGINE Yanmar 3.3L, EPA Tier 4 Final and EU Stage IV emissions compliant, turbocharged diesel with direct injection and electronic high-pressure common rail. 72 HP (53.7 kW) @ 2500 rpm, Torque: 206 lb.-ft. (279 N•m) @ 1625 rpm Displacement: 202 cu. in. (3.3 L).

COOLING SYSTEM 24V dual electric fan banks for separate engine radiator and hydraulic oil cooling; fan banks are variable speed, with auto-reverse feature (SmartCool®, based on coolant and oil temps), radiator is cross flow, 3 rows, 9 fins per in. (FPI). Hydraulic oil cooler is crossflow, 6 FPI. Cooling fan banks tilts away for fast, easy cleaning.

FUEL SYSTEM Uses ultra-low sulfur diesel fuel only. Biodiesel compatible up to B20.

CAPACITIES Fuel: 35 gal.(132L) Hydraulic: 19 gal (71.9 L). Engine Oil w/filter: 11 qt. (10.4 L). Coolant: 13.5 qt. (12.7 L) (Model 31698), 18 qt. (17 L) (Model 31699) HYDRAULIC SYSTEM Capacity: 19 gal (71.9 L) reservoir, Remote spin-on charge filter, Oil: Toro premium all season hydraulic fluid TIRES/WHEELS Front: 29x12.00-15, 6 ply rating, 32 psi; Rear: 23x10.50-12, 6 ply rating, 30 psi; INSTRUMENTATION Onboard LCD (InfoCenter™) display shows customizable gauges, service reminders, advisories/faults and troubleshooting assistance. Indicates fuel level, coolant temp, hydraulic oil temp, engine glow plug, low oil pressure, air cleaner restriction, 12 and 24 volt alternator voltage output, engine hours and rpm, and engine DPF regeneration.

POWERTRAIN
Full time automatic forward and reverse 4WD in low (mow) range. Front wheel drive in transport. Parallel hydrostatic, closed loop with cross wheel traction (CrossTrax™) design; traction drive pump: variable displacement piston, servo control. Front drive: 2-speed, fixed displacement high torque, low speed radial piston motors. Rear drive:
single speed, fixed displacement, high torque, low speed radial piston motors. SmartPower™ feature controls traction speed to maintain optimal cutting blade speed.

ELECTRICAL SYSTEM Main: 12 volt system; Alternator: 12V, 80 amp, supplied w/ engine Battery: 1380 CCA (2x 690 CCA), Cooling Fans, Engine/Hydraulic cooling: 24 volt system; Alternator: 24V, 105 amp w/ remote sense; Battery: 350 CCA; Disconnect ON/OFF switch for 12 & 24 volt service safety.

Service: Dynamic, hydrostatic 4WD in low range. Front wheel drive braking in high range.

Parking: Electro-hydraulic controlled via double-motion rocker switch. Spring applied, hydraulic released. Internal to front wheel motors. Automatically applies with engine OFF or key OFF Manual override from operator platform for servicing

PRODUCTIVITY
Infinitely variable speed. Forward speeds: mow: 0-10.8 mph (17.4 km/h) Transport: 0-20 mph (0-32.2 km/h). Reverse speeds: mow 0-5.7 mph (0-9.2 km/h), transport:
0-10.5 mph (0-16.9 km/h) transport. Speed control: Electronic, limits max speed. Maximum productivity: 20.8 acres/hr. (8.4 ha/hr). Typical productivity: 13.1 acres/hr (5.3 ha/hr)**; NOTE: For EU countries complying to ISO 5395, all speeds and mow rates should be reduced by 12%.

CONTROLS
Control arm, right armrest, travels with seat and suspension. Deck lift/lower, electrohydraulic switches. Throttle; electronic, variable. Traction pedal, electronic.

Park brakes: double-motion switch. Steering; hydrostatic load sensing. Other: High/low range, PTO, cruise control, lights (31698 only), horn, key switch, wing deck transport latches (manual).

OPERATOR STATION
Operator platform: isolated rubber mounted. Seat: 4 way adjustable with vinyl (31698) or cloth (31699) cushions standard. Suspension: air-ride with 3 in. (7.6 cm) of adjustability. Steering: power and adjustable tilt. Traction Pedal: adjustable angle uses position sensor. Storage box, cup holder, and 12 volt power outlet, double USB port, standard.

STEERING Uncut circle - 0” diameter. Turning radius - 86” (218 cm) CAB (5910)
ROPS certified cab with heat, AC and the following standard features: climate system pressurized cab, heavy-duty pantograph front windshield wiper and washer, front windshield has 38” of visibility, interior mirror, fold away exterior side mirrors, molded front fenders, right and left doors and rear window have tinted (50%) glass, front and rear windows open, quick release window latches act as emergency exit, rubber sound isolator cab mounts and upholstered interior panels and headliner, textured neoprene floor mat, interior dome light. Power provided for optional aftermarket audio accessories. Optional road lights, rotating beacon and work lights available.

SAFETY AND LIGHTING
Standard (31698 & 31699): SMV sign rear mounted; LED brake, tail lights and flashers mounted in rear bumper; horn. ROPS Unit (31698) headlights, red and amber flashers, turn signals. Cab Unit (31699): Optional light kits, North American Road Light Kit (30706), Rotating Beacon Kit (31509), Work Light Kit (114-5610).

Disconnect ON/OFF switch for 12 & 24-volt service safety.

CERTIFICATION
Meets or exceeds EU Machinery Directive (2006/42/EC); ISO 5395-2013 and ANSI B71.4-2012; ISO 21299 and SAE J1194; OSHA 29CFR1910.95 (SAEJ1175, European Directive 2000/14/EC, ISO 5395-2013); EN 55012:2007 and CISPR12. Model 31698 meets or exceeds ANSI/ASAE S279.12 (Lighting and Marking of Agricultural Equipment on Highways). Model 31699 air conditioning system meets SAE J1503, Section 8.

WARRANTY Two year limited warranty.

VEHICLE WEIGHT (W/ FULL FLUIDS) 6,710 lbs. (3043 kg) (31698), 7,304 lbs. (3313 kg) (31699) GROUND CLEARANCE 10.3 in. (26.1 cm)
DIMENSIONS WIDTH: Transport: 99 in. (251 cm), Mow: 199 in. (505 cm) LENGTH: 174 in. (442 cm) HEIGHT: 85 in. (216 cm) (31698), 95 in. (241 cm) (31699) WHEELBASE: 77 in. (196 cm)

CUTTING DECKS
TYPE Three rear discharge rotary decks
CUTTING WIDTH 192 in. (488 cm), 57 in. (145 cm), 92 in. (234 cm), 144 in. (366 cm).

HEIGHT OF CUT 1-6 “ in (2.5 – 15 cm) in 0.5 in. (1.3 cm) increments.

CONSTRUCTION 11-gauge high-strength steel. 7-gauge, reinforcements, bullnose bumpers.

PROTECTION Wing decks: 2 way shock absorption.

DECK DRIVE HybridDrive™ - Hydraulic motor to spindle, remaining spindle(s), driven by “B” section v-belts.

TENSIONING Automatic, spring loaded idlers.

SPINDLES Shaft: 1.25" (3.2 cm) hardened steel. Housing: 9” (22.9 cm) ductile iron. Bearings: Greaseable tapered roller.

STANDARD BLADES 20" (50.8 cm), heat-treated steel blades.

OPTIONAL BLADES Atomic™ mulching blades, flat blades.

SKIDS 4 reversible polymeric, 2 reversible steel

13.12 3
2018 Toro Commercial Equipment Guide 18-003-T Rev. 1/18 The Groundsmaster 5900 and 5910 are manufactured
in Tomah, WI ISO 9002 Certified Plant.

Groundsmaster® 5900/5910 Accessories*

ROTARY BROOM M-B MODEL
SHL***
TYPE
Windrow type, front mounted
hydraulic broom with dual
motors. Electric/hydraulic
angling, 30° left and right.

BROOM SIZE 32" (81 cm) diameter x 60"
(153 cm) wide.

BRUSH
Sectional brush with combination
polypropylene/wire radial
segments.

OPTIONS Dirt Deflector, Storage Stands.
*Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in design, required attachments and safety features. Consult your local Toro Distributor. Information regarding non-Toro (Allied Vendor) products is included in the Toro Golf and Grounds Equipment Guide as a convenience to Toro customers. Toro does not warrant, endorse or support any products purchased from Allied vendors.

Additionally, Toro shall not be responsible for any personal injury or property damage, whether direct or consequential, caused by such Allied products. Toro does not certify fit up, compatibility or functionality of Allied products. **Manufactured by Erskine.
***Manufactured by M-B Companies, Inc. The Toro Company does not manufacture or sell the snow thrower, rotary broom, nor does Toro guarantee these accessories in any manner whatsoever.

TORO ACCESSORIES AND PARTS
Model/Part # Description
31604 Leaf Mulching Kit
93-5973 10" Foam Filled Caster Tire Assembly
31609 MVP Maintenance Kit (oil/fuel)
31512 Back-up Alarm Kit
30706 North American Road Light Kit for GM5910
30509 Rotating Beacon Kit for GM5910

SNOWTHROWER ERSKINE
MODEL 2000**
STAGE 2
WIDTH OF CUT 85" (216 cm)
CUTTING HEIGHT 29" (74 cm)
CUTTING EDGE 3/8" x 3" (9.5 mm x 7.62 cm)
bolt-on
SKID SHOES Adjustable
AUGER DIAMETER 16" (41 cm) open flight
FAN DIAMETER 20" (51 cm) 4-blade
CHUTE ROTATION Hydraulic, 270°
SHEAR PROTECTION Pressure relief
CASTING DISTANCE Up to 30' (9.4 m)

APPROXIMATE SHIPPING
WEIGHT 850 lbs. (386 kg)
HOSES Included

TORO ACCESSORIES AND PARTS
MODEL/PART NUMBER Description
30349 Universal Mount Sunshade – White
30552 Universal Mount Sunshade –Red
31324 Thermoplastic Windscreen Kit (GM5900). Abrasion-resistant polycarbonate windscreen (mounts to 2-post ROPS extension) 31325 Tempered Glass Windshield (mounts to 2-post ROPS extension) 31311 Wiper Kit for Tempered Glass Windshield
119-7719 Backrest Extension Kit – Fabric (GM5910)
119-7718 Backrest Extension Kit – Vinyl (GM5900)
114-5610 Work Light Kit (GM5910)
31353 2-Post ROPS Extension (GM5900) (includes sunshade)

13.13 4
2018 Toro Commercial Equipment Guide 18-003-T Rev. 1/18

TWO-POST ROPS EXTENSION SYSTEM
GM5900 Fits Model 31698
TWO-POST ROPS EXTENSION KIT Base steel frame attached to existing ROPS and includes a white sunshade. Model 31353
EXTERIOR MIRROR Quantity (1) Part Number 130-5448
INTERIOR MIRROR Quantity (1) Part Number 130-5449

ABRASION-RESISTANT

POLYCARBONATE WIND SCREEN
Improved resistance to golf ball impacts or vandalism.

Model 31324
TEMPERED GLASS WINDSHIELD Similar safety glass used in Toro all-season safety cabs.

Model 31325

WINDSHIELD WIPER KIT FOR

TEMPERED GLASS WINDSHIELD
For use with the tempered glass windshield only. Not for use with the polycarbonate wind screen. Model 31311

OPERATOR FAN & INTERIOR

HEADLINER KIT
Overhead fan with adjustable speeds – mounts directly
over operator. Part Number 132-3435
LED WORK LIGHT KIT Includes 4 lights: 2 for front and 2 for rear; can also mount to Toro cabs. Model 31596
ROTATING BEACON Breakaway mounting system. Also mounts on Toro cabs.

Model 31509

SAFETY AND SECURITY CAGE
Steel mesh side cage doors that lock. Includes the
abrasion-resistant polycarbonate wind screen.

Part Number 132-3695
WIRE HARNESS KIT Required for all electrical accessories such as wipers, lights and fan. Part Number 122-0729
Groundsmaster® 5900/5910 Accessories*

13.14 031121-TTC
Rev. 10/2020 1
Solicitation Number: RFP #031121

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Toro Company, 8111 Lyndale Avenue South, Bloomington, MN 55420 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires April 30, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.







  

 



Exhibit B

13.15 031121-TTC
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended for the duration of Vendor’s written warranty for such item. Other than the warranties in this paragraph and Vendor’s express written warranty for its product, Vendor expressly disclaims all other warranties, express or implied. Vendor agrees to work with its dealers and distributors to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be 






  

 




13.16 031121-TTC
Rev. 10/2020 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 






  

 




13.17 031121-TTC
Rev. 10/2020 4
x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, 






  

 



Type text

13.18 031121-TTC
Rev. 10/2020 5
Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








  

 




13.19 031121-TTC
Rev. 10/2020 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be 






  

 




13.20 031121-TTC
Rev. 10/2020 7
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. 






  

 




13.21 031121-TTC
Rev. 10/2020 8
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including injury or death to persons or property and attorneys’ fees, alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications and operating instructions.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.







  

 




13.22 031121-TTC
Rev. 10/2020 9

3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.







  

 




13.23 031121-TTC
Rev. 10/2020 10

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. A Party will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:







  

 




13.24 031121-TTC
Rev. 10/2020 11
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit







  

 




13.25 031121-TTC
Rev. 10/2020 12

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 






  

 




13.26 031121-TTC
Rev. 10/2020 13

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing 






  

 




13.27 031121-TTC
Rev. 10/2020 14
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. 






  

 




13.28 031121-TTC
Rev. 10/2020 15
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).







  

 




13.29 031121-TTC
Rev. 10/2020 16
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.







  

 




13.30 031121-TTC
Rev. 10/2020 17
Sourcewell The Toro Company
By: __________________________ By: __________________________ Jeremy Schwartz Brad Hamilton
Title: Chief Procurement Officer Title: Group VP
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







  

 



 





 
















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Bid Number: RFP 031121 Vendor Name: The Toro Company







  

 




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Bid Number: RFP 031121 Vendor Name: The Toro Company







  

 




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Bid Number: RFP 031121 Vendor Name: The Toro Company







  

 




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Bid Number: RFP 031121 Vendor Name: The Toro Company







  

 




13.54 Sourcewell Contract #031121-TTC | Amendment #1

AMENDMENT #1
TO
CONTRACT # 031121-TTC
THIS AMENDMENT is by and between Sourcewell and The Toro Company (Vendor).

Sourcewell awarded a contract to Vendor to provide Grounds Maintenance Equipment, Attachments, and Accessories with Related Services to Sourcewell and its Participating Entities, effective April 29, 2021, through April 30, 2025 (Contract).

The parties wish to amend the following terms within the Contract.

1. This Amendment is effective upon the date of the last signature below.

2. Vendor wishes to modify its pricing model to offer Product-category discounts off of current MSRP will apply as described in items 54-60. In Canada, the pricing model will be US MSRP multiplied by the exchange rate at the time of order (exchange rate based on the monthly average published rate at the time of order, according to the Bank of Canada – Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied. Bank of Canada – Monthly Exchange Rate:
https://www.bankofcanada.ca/rates/exchange/monthly-exchange-rates/

3. Vendor will offer a “Smart Value” volume discount that includes the following incentive for individual large orders.

Toro Commercial
Purchases
Customer
Goods
Toro Commercial
Purchases
Customer
Goods
$ 150K - $ 199K
$ 200K - $ 249K
$ 250K - $ 299K
$ 300K - $ 349K
$ 350K - $ 399K
$ 400K - $ 449K
$ 450K - $ 499K
$ 500K - $ 549K
$ 4,500
$ 6,000
$ 10,000
$ 12,000
$ 14,000
$ 16,000
$ 18,000
$ 20,000
$ 550K - $ 599K
$ 600K - $ 649K
$ 650K - $ 699K
$ 700K - $ 749K
$ 750K - $ 799K
$ 800K - $ 849K
$ 850K - $ 899K
$ 900K*
$ 22,000
$ 24,000
$ 26,000
$ 28,000
$ 30,000
$ 32,000
$ 34,000
$ 36,000
Only single Purchase Orders (POs) on Toro Commercial Equipment qualify. Multiple POs may not be combined to qualify.

Vendor-authorized distributors/dealers understand these are ceiling prices and may choose to provide additional discounts based on unit quantity or total purchase volume. 









 


13.55 Sourcewell Contract #031121-TTC | Amendment #1

4. Vendor-authorized distributors/dealers may provide third-part equipment that attach to, or are used in, the configuration with any of Toro’s products. These products will be priced no higher than the products List Price.

Freight and setup fees may apply.

Vendor-authorized distributors/dealers may include setup fees – not to exceed 2% of the total Product cost, plus up to an additional 6% for cab-unit setups. Setup fees must be identified as a separate line- item on the quotation.

For the contiguous United States, delivery fees may be included at the distributor/dealer discretion – not to exceed 2% of the total product cost. Delivery fees must be identified as a separate line-item on the quotation.

For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at distributor/dealer discretion – delivery fees not to exceed 2% of the total product cost; freight not to exceed actual pass-through costs. Freight and deliver fees must be identified as a separate line-item on the quotation.

5. Vendor will encourage and incent its authorized dealers to provide contract terms to Sourcewell members consistent with the terms of this Amendment; however, participation in the program described in the Amendment will be at the discretion of each Toro dealer.

Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell The Toro Company
By: By:

Jeremy Schwartz, Chief Procurement Officer Brad Hamilton Date: Title:

Approved: Date:

By:

Chad Coauette, Executive Director/CEO
Date:










 






 







 







 








13.56 May 12, 2022
Sourcewell
Contract# 031121-TTC-TTC
Andy Campbell, Supplier Development Supervisor
202 12th Street NE
Staples, MN 56479
Dear Mr. Campbell,
Due to unprecedented increases in commodity costs and extreme volatility in component availability and pricing related to all aspects of manufacturing logistics, we find it necessary to modify and provide clarity to our responses related to the following questions:

Table 10: Payment Terms and Financing Options
Line Item 51
Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity will process the Sourcewell participating entities’ purchase orders.

Change response to:

Sourcewell participating entities will work directly with Toro’s authorized local distributors/dealers to identify product options, availability, and receive initial pricing quotation.

Toro will communicate to its distributors/dealers that the following statement is to be provided on all quotations: “Pricing may be subject to change between the original order date and the delivery date.” In addition, Toro suggests the same language to be included in the Sourcewell participating entity’s PO or order agreement.

Prior to delivery, the distributor/dealer may reach out to the participating entity with updated pricing. The updated pricing will not exceed the category discounts off of current MSRP reflected at the time of delivery. At this time, the participating entity may accept the updated pricing and continue with the order or cancel the order without penalty.

Sourcewell participating entities may contact Toro (or Sourcewell) at any time to verify a specific distributor/dealer and/or confirm pricing provided by the local distributor/dealer. Entities may also confirm authorized distributors/dealers online at www.toro.com/locator.

After the order is complete, the local Toro distributor/dealer will deliver the product(s) to the participating entity and provide an invoice requesting payment. All quoting, billing, setup, delivery and ongoing maintenance of the equipment will be handled by the local distributors/dealers.

Toro distributors/dealers supporting the Sourcewell contract will receive rebates from Toro for equipment sold under the Sourcewell contract. Toro distributors/dealers will be required to submit documentation to 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 www.thetorocompany.com
The Toro Company

13.57 ensure compliance with the contract in order to receive their rebates. This information will be shared with Sourcewell directly from Toro on a quarterly basis, or as requested by Sourcewell. Toro has an impeccable track record of providing this information accurately and on time since the beginning of our first contract. We understand the importance of transparency and accurate reporting for Sourcewell and for Sourcewell participating entities.

Table 11: Pricing and Delivery
Line Item 53
Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response.

Change response to:

Product-category discounts off of current MSRP as reflected at the time of delivery will apply as described in items 54-60.

Toro will communicate to its dealers and distributors that the following statement is provided on all quotations “Pricing may be subject to change between original order date and delivery”. In addition, Toro suggests the same language to be included in the Sourcewell participating entity’s PO or order agreement. The updated pricing will not exceed the category discounts off of the current MSRP as reflected at the time of delivery.

In Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of delivery (exchange rate based on the monthly average published rate at the time of delivery, according to the Bank of Canada – Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied.

Bank of Canada – Monthly Exchange Rate:
https://www.bankofcanada.ca/rates/exchange/monthly-exchange-rates/ Line Item 54
Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.

No changes to previously amended response
Line Item 55
Describe any quantity or volume discounts or rebate programs that you offer.

No changes to previously amended response
Line Item 56
Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.

No changes to previously amended response
Line Item 57
Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified

13.58 as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

Change response to:

Toro’s authorized distributors/dealers may include setup fees – not to exceed 5% of the total product cost, plus up to an additional 5% for cab-unit setups. Setup fees must be identified as a separate lineitem on the quotation.

In addition, due to unprecedented market conditions it may be necessary for Toro, or our local distributors/dealers to implement temporary surcharges to offset the volatility of material and/or transportation costs. Surcharge requests will be sent through a Price and Product Change Request Form to the assigned Sourcewell Contract Administrator for approval.

Line Item 58
If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.

Change response to:

For the contiguous United States, delivery fees may be included at the distributor/dealer discretion – not to exceed 5% of the total product cost.

Line Item 59
Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.

Change response to:

For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at distributor/dealer discretion – delivery fees not to exceed 5% of the total product cost; freight not to exceed actual pass-through costs. Freight and deliver fees must be identified as a separate line-item on the quotation.

Line Item 60
Describe any unique distribution and/or delivery methods or options offered in your proposal.

No changes to original response
For any material changes requiring signature, please direct them to:

Brad Hamilton
Group President
[email protected]
952-887-8815
Thank you for your assistance.

Jon Stodola, CSE
Regional Business Manager – Government Contracts
[email protected]
612.597.3224

13.59 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 1

1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement. Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified.

All deliveries are F.O.B. destination.

Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase. Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later. Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

6. Indemnity:

For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the Exhibit C

13.60 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 2 obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here. a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or iii. Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070. b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any.

The “public work” project is subject to the compliance monitoring and enforcement by the DIR. The Vendor and subcontractor, if any, must be registered with the DIR to submit a bid or engage in the performance of any contract for public work pursuant to Labor Code §§1725.5 and 1771.1. The Vendor is responsible for posting job site notices as prescribed by regulation pursuant to Labor Code §1771.4(a)(2). The Vendor and each subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code §1771.4.

Any failure of Vendor and/or its subcontractors to comply with the above requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorneys’ fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law. c. Living Wage: Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion

13.61 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 3 thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work. Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City. h. Storm Water Requirements: The Vendor, and all subcontractors, are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard Certificate Requirements
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 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, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
 Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
 Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
 Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.

13.62 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 4 c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate Vendor will maintain insurance appropriate to Vendor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this contract. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
 Additional Insured Status
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 and CG 20 37 (if a later edition is used).
 Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’s insurance and will not contribute with it.
 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
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance.

Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
• Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13.63 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 5 a. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, including but not limited to requiring the following:
 Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
 Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate.  Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
 Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
 Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
b. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

9. Travel Reimbursement Policy
When it is mutually agreed between the City and the vendor, the vendor’s employees will be reimbursed for travel expenses according to this policy. It is expected that all travel expenses incurred by vendors while conducting activities on behalf of the City will be at reasonable rates and that vendors will exercise prudence in incurring these expenses.

Meals
Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
 Travel before 8:00a qualifies for breakfast reimbursement.  Travel between 8:00a – 1:30p qualifies for lunch reimbursement.  Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement.  Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s

13.64 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 6 home, an airport, or Santa Cruz hotel to their City work location.

1. Reasonable fees for taxis, shuttles, busses, trains, light rail, ride hailing services (Uber, Lyft), bike shares (Jump), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.

2. Personal vehicles include vehicles owned by the vendor or their employees.  Mileage will be reimbursed at the current IRS mileage rate.  Evidence of automobile liability insurance meeting the City’s requirements must be provided.  Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Car rentals are reimbursable when
 Travel is necessary from an airport to the City work location.  The rental reservation is made as far in advance as is practical and the lowest possible price is obtained.  Insurance coverage is included in the rental agreement and the car is returned with a full tank of gas.  The smallest vehicle necessary is rented.
 Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
 Receipts are required for reimbursement.

Airfare
Airfare is reimbursable when the vendor’s place of business, or their employee’s home, is more than 250 miles away from Santa Cruz.
 Airfare must be lowest available coach class fare. Flights may be non-stop.  Airfare must be booked as far in advance as is practical.  Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.  Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
 If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
 Receipts are required for reimbursement.

Lodging
Lodging is reimbursable when the vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, is more than 60 miles away from Santa Cruz.  Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel).  Costs for hotel rooms above this rate are the responsibility of the traveler.  Receipts are required for reimbursement.

General

1. Travel expenses not listed above will not be reimbursed.

2. Travel reimbursements are paid after the completion of travel. There are no travel advances.

3. Exceptions to any of the above requirements require advance written permission from the Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any proposed reimbursable expense the City has determined to be excessive, unethical, non-responsible, or an inappropriate use of public funds.

10. Mechanic’s Liens. Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to this contract. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against the City for any such work or activities performed. Vendor shall indemnify, defend and hold harmless the City from and against any and all liens, claims, demands, liabilities, costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work done, labor performed and/or materials furnished. In the event any such liens shall be filed against the City, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed five (5) business days from the date the same were recorded in the office

13.65 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 7 of the applicable County Recorder. City shall have the right to post notices of non-responsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

13. Subcontractors: Subcontracting of work without prior approval of the City, may result in contract termination. If at any time, the City determines any subcontractor is incompetent or undesirable, Vendor will be notified and will be expected to immediately cancel the subcontract.

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

15. Termination of Contract: The City or the Vendor may terminate the contract for convenience by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. All finished or unfinished materials, supplies, goods, or documents procured or produced under the contract will become property of the City upon the termination date. The City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor will be liable for the difference between the prices set forth in the terminated order and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the contract. Termination of the contract pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

16. Safety: All service(s) and item(s) provided will comply with applicable safety laws, regulations, and standards. Vendor will provide proof of compliance, if requested by the City.
a. Vendor will make available a list of hazardous chemicals and applicable Safety Data Sheets prior to bringing those chemicals on City property or using them on behalf of the City. All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard. Vendor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place. No hazardous materials or chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public. b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees.
c. Upon request, Vendor will provide records of their Hazard Communication Training Program. d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation.
e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

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

13.66 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 8 The City reserves the right to obtain the item(s) covered by this contract from another source during any on-going suspension of service due to the circumstances outlined above.

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

Copies are available upon request from the City’s Purchasing Division.

19. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief.

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

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

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

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

13.67 EXHIBIT D: INSURANCE REQUIREMENTS
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.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Vendor 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 Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $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. • AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• 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 Vendor and its employees. (Not required if Vendor 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,CPL, and automobile insurance (if transporting hazardous materials] policies with respect to liability arising out of work or operations performed by or on behalf of Vendor including materials, parts, or

13.68 equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 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, Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Vendor’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
Vendor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Vendor 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
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
• SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the 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 Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE

13.69 Vendor 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, CPL, and automobile Policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Vendor 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 Vendor.

13.70 City Council

AGENDA REPORT
DATE: 05/29/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Public Works
SUBJECT: 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
RECOMMENDATION: This item is continued to June 25, 2024 and will not be discussed.

14.1 City Clerk

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Public Works
SUBJECT: Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade (c401706) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Fluid Resource Management (Arroyo Grande, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade (c401706).

BACKGROUND: At its June 8, 2021 meeting, City Council approved the authorization to advertise this project and authorized the City Manager to execute the contract. The roof and mechanism for the Gravity Thickener No. 2 were last replaced in 1988. The Gravity Thickener No. 2 helps process the sludge material removed from treated wastewater and is a critical piece of infrastructure for the efficient and reliable operation of the Wastewater Treatment Facility.

On August 19, 2021, the project was awarded to the lowest responsive and responsible bidder, Fluid Resource Management. Construction began on October 5, 2021, and included demolition of the existing thickener mechanism and drive unit, repairs to the interior walls of the thickener, installation of the new thickener mechanism and drive unit, electrical upgrades and installation of two-stage scum pump, and replacement of the aluminum roof.

DISCUSSION: The work for the project is now complete. The project has been inspected by the Public Works Department and found to be constructed in accordance with the plans and specifications.

FISCAL IMPACT: The total project cost was $2,251,715.10. The project was funded in the Wastewater Enterprise Fund FY 2024 Capital Improvement Program as WWTF – Infrastructure and Major Equipment (c401706).

The County Sanitation District pays 8/17 of the cost based on wastewater treatment facility capacity dedicated to the County. There is no impact on the General Fund.

Prepared By:

Scott Glucs
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager

15.1 ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

15.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

No recording fee is required pursuant to Government Code § 27383.

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

The undersigned is an authorized representative of the owner of the interest or estate stated below.

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade c401706

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: demolition of the existing thickener mechanism and drive unit, repairs to the interior walls of the thickener, installation of the new thickener mechanism and drive unit, electrical upgrades and installation of two-stage scum pump, and replacement of the aluminum roof.

4. The general site location description or address (the “Property”) of the public improvement is located at: 110 California St, Santa Cruz CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Fluid Resources Management 2385 Precision Drive, Arroyo Grande, CA 93420

6. Construction Lender. The name and address of the construction lender, if any, is: NA

7. Date of Completion. The Project on the Property was completed on: April 29, 2024

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, June 11, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Scott Glucs
WHEN RECORDED MAIL TO:

City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060

15.3 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Public Works
SUBJECT: Centrifuge Control Panel Improvement Project (m409659) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Separator Technology Solutions (San Leandro, CA) and authorize the filling of the Notice of Completion for the Centrifuge Control Panel Improvement Project (m409659).

BACKGROUND: At its December 13, 2022 meeting, the City Council approved the awarding of this project to Separator Technology Solutions. Construction commenced in June 2023, and the contractor successfully replaced 3 centrifuge control panels, all control components, and wiring associated with the dewatering centrifuges, the polymer mixing and feed system, and the sludge cake conveyor system.

DISCUSSION: The work for the project is now complete. Centrifuges are a critical process step to solids management at this regional wastewater treatment facility. New controls panels will ensure reliable ongoing operation and extend the life of this important asset. The project has been inspected by the Public Works Department and found to be constructed in accordance with the contract.

FISCAL IMPACT: The total project cost was $380,463.90. The project was funded in the Wastewater Enterprise Fund FY 2024 Capital Investment Program as (Waste Water Treatment Facility (WWTF) – Equipment Replacement (m409659).

The County Sanitation District pays 8/17 of the cost based on wastewater treatment facility capacity dedicated to the County. There is no impact on the General Fund.

Prepared By:

Niao Yan
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

16.1 Notice of Completion
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

No recording fee is required pursuant to Government Code § 27383.

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

The undersigned is an authorized representative of the owner of the interest or estate stated below.

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Centrifuge Control Panel Improvement Project m409659

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Replacement of 3 centrifuge control panels, all control components, and wiring associated with the dewatering centrifuges, the polymer mixing and feed system, and the sludge cake conveyor system.

4. The general site location description or address (the “Property”) of the public improvement is located at: 110 California Street, Santa Cruz, CA 95060.

5. Name and Address of Contractor. The Contractor on the Project is: Separator Technology Solution US, Inc. 2591 Nicholson Street, San Leandro CA 94577.

6. Date of Completion. The Project on the Property was completed on: May 8, 2024

7. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, June 11, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Niao Yan
WHEN RECORDED MAIL TO:

City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060

16.2 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Public Works
SUBJECT: Emergency Temporary Flare Installation Project at the Resource Recovery Facility (c401909) – Authorization to Ratify Purchase Orders Related to Emergency Project (PW)
RECOMMENDATION: Motion to ratify purchase orders related to the emergency temporary flare installation project with:
1) LFG Specialties, LLC (Boston Rouge, LA) to deliver, install, and lease a temporary flare to the City of Santa Cruz at the Resource Recovery Facility in the amount of $160,685.00; 2) Cupertino Electric Inc (San Jose, CA) to perform electrical work necessary to supply power to a temporary flare at the Resource Recovery Facility in the amount of $130,658.00; and 3) Tetra Tech BAS (Diamond Bar, CA) to construct the flare skid pad and pipe connection in the amount of $252,371.00 in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: The City of Santa Cruz (City) Resource Recovery Facility (RRF) is required to have a landfill gas (LFG) collection and control system that continuously extracts gas from the landfill and sends it to a control device such as a flare or engine. To meet this requirement, the City has contracted with a third-party vendor for over 20 years to operate a LFG-to energy (LTE) facility to collect and convert landfill gas into electricity which is sent back into the Pacific Gas & Electric (PG&E) grid. The LTE Facility, owned and operated by Opal Fuels, was shut down, at no fault of the City or its vendor, due to damage to PG&E’s electrical infrastructure from the February 2024 storm event, which has since been declared a federal disaster.

Staff immediately notified the Monterey Bay Air Resources District (MBARD) upon learning of the shutdown. PG&E was unable to provide a repair timeline, therefore, staff initiated work to provide an alternative gas management system until normal operations could resume. The best option identified was to rent and install a temporary flare for the landfill to start collecting and burning LFG again. To ensure safety, staff have been monitoring landfill gas migration since the shutdown, and in May obtained approval from MBARD to operate the temporary flare as a backup LFG destruction device until a permanent flare can be installed. A permanent flare has a long manufacturing lead time and requires substantially more design considerations. Staff expect the design and installation of a permanent flare to take up to 18 months to complete.

17.1 DISCUSSION: Given the potential environmental and health and safety risks associated with uncollected LFG, the decision was made to mobilize and have a temporary flare up and running as soon as possible using a single source procurement method. Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required service.

For flare rental services, LFG Specialties, LLC provided the most cost-effective proposal and response time during the limited time the City had to find a solution to bring the landfill back into compliance. To supply power to the temporary flare, staff contacted Cupertino Electric Inc., who previously provided emergency electrical repair support for the City’s Wastewater Treatment Facility (WWTF) and successfully restored the site’s power within a short timeframe.

The vendor was available to immediately support this emergency electrical work. Tetra Tech BAS was contacted to design and mobilize a construction team to prepare the site for the temporary flare installation due to their extensive knowledge of the site as the landfill’s engineering consultant for over 20 years. The Purchasing Manager concurred that LFG Specialties, LLC, Cupertino Electric, Inc., and Tetra Tech BAS are the only companies able to provide services for the emergency temporary flare installation project at the RRF.

The scope of work for each vendor are as follows:

LFG Specialties, LLC – work included delivering the temporary flare, providing a crane to unload the flare skid, startup and commissioning, and providing training for onsite staff to operate and troubleshoot the temporary flare during the rental period.

Cupertino Electric, Inc. – work included removing and replacing a circuit breaker for the temporary power installation work, disconnecting an overhead electrical aerial cable, providing and installing a new underground electrical feed to the temporary flare skid location, and providing electrical standby support during the temporary flare startup and commissioning process performed by LFG Specialties, LLC.

Tetra Tech BAS – work included excavating and grading the project site, constructing a pad for the flare skid, performing all the pipe work to connect to the existing landfill gas collection and control system, and providing engineering support during construction.

Work began the week of April 22, 2024, with all site work finished on May 13, 2024. Startup and training were completed the week of May 20, 2024.

FISCAL IMPACT: Funds are available in the Refuse Enterprise Fund in the FY 2024 Capital Investment Program (CIP) Landfill Master Plan Development Project c401909. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SOLE SOURCE MEMOS.PDF

17.2 Public Works Department
809 Center Street, Room 201
Memorandum
To: Finance Department, Purchasing Division
From: Hoi Yu, Associate Professional Engineer
Date: April 3, 2024
Re: Emergency Installation of Temporary Flare at the RRF The current LFG-to-energy (LTE) facility, owned and operated by Opal Fuels, is currently non-operational due to damage to PG&E’s electrical infrastructure (Opal cannot send LFG generated electricity to the grid). Damage to the power plant electrical infrastructure is preventing the collection and destruction of LFG at the Landfill. Given the potential environmental and health and safety risks associated with uncollected LFG, the City is required to promptly resume the collection and control of LFG at the Landfill.

The City needs to take immediate action by mobilizing a temporary open flare LFG destruction device to the Landfill to resume LFG collection and destruction.

The temporary flare is meant to be a backup to continue collecting and destroying landfill gas if the LTE plant is ever down. If the landfill fails to collect and destroy landfill gas continuously, it is a violation. If the landfill does not have this backup any time the plant is down, it would be a repeat violation, which will cause the penalty fee to increase. The landfill will need to operate the temporary flare until a permanent flare can be installed (design proposal is being prepared).

Aptim Corp provided the most cost-effective proposal and turnaround time during the limited time the City had to find a solution to bring the landfill back into compliance.

We consider this work to be exigent based on the potential environmental and health and safety risks associated with uncollected LFG and ongoing conversation we have with the regulatory personnels to bring the site back to compliance as soon as possible.

Please find price analysis of the different options below –

17.3 Arrival
Item Rate 10 month Total
Mobe/Demobe 29,400.00 $ 29,400.00 $
Startup 8,020.00 $ 8,020.00 $
Blower Purchase $ 53,160.00 $ 53,160.00
Monthly Fee $ 5,650.00 $ 56,500.00
$ 147,080.00
$ 160,684.90
Total with Tax (less Blower Purchase) 102,607.60 $
Item Rate 10 month Total
Mobe/Demobe $ 11,000.00 $ 11,000.00
Startup (includes blower) $ 4,594.00 $ 4,594.00
Monthly Fee $ 16,500.00 $ 165,000.00
$ 180,594.00
$ 197,298.95
Item Rate 10 month Total
Mobe/Demobe $ 33,100.00 $ 33,100.00
Startup (includes blower) $ 9,600.00 $ 9,600.00
Monthly Fee $ 57,000.00 $ 570,000.00
$ 612,700.00
$ 669,374.75
Item Rate 10 month Total
Mobe/Demobe $ 28,980.00 $ 28,980.00
Startup (includes blower) $ 16,600.00 $ 16,600.00
Monthly Fee $ 27,000.00 $ 270,000.00
$ 315,580.00
$ 344,771.15
Item Rate 10 month Total
Mobe/Demobe $ 104,800.00 $ 104,800.00
Startup (includes blower) $ 3,800.00 $ 3,800.00
Monthly Fee $ 36,000.00 $ 360,000.00
$ 468,600.00
$ 511,945.50
Item Rate 10 month Total
Mobe/Demobe $ 52,400.00 $ 52,400.00
Startup (includes blower) $ 26,500.00 $ 26,500.00
Monthly Fee $ 205,000.00 $ 2,050,000.00
$ 2,128,900.00
$ 2,325,823.25
Total
Total with Tax

1.5 weeks
1 week
1 week
1 week
1 week
1 day
Hero Flare (Oklahoma) - 8' x 8' x 46' Tall Trailer Mounted Combustor (No Blower) Total
Total with Tax
Enclosed Flare
Thermal Oxidizer/Thermal Flare
Envent (Southern California) – 70 MMBtu/hr capacity (with Blower) Total
Total with Tax
Total
Total with Tax
PPS (Bakersfield) - 6” x 25’ land flare (4” inlet, stack is necked up to 6”) (2 blower) Total
Total with Tax
Zeeco (Oklahoma) - 12” x 40’ trailer mounted open flare (with Blower) Open Stick Flares
Aptim (Ohio) - 10"x34' trailer mounted open flare (with Blower) Total
Total with Tax
Hero Flare (Oklahoma) - 6” x 30’ trailer mounted open flare (No Blower)

17.4 17.5
Public Works Department
809 Center Street, Room 201
Memorandum
To: Finance Department, Purchasing Division
From: Hoi Yu, Associate Professional Engineer
Date: May 21, 2024
Re: Site Construction for Emergency Installation of Temporary Flare at the RRF The current LFG-to-energy (LTE) facility, owned and operated by Opal Fuels, is currently non-operational due to damage to PG&E’s electrical infrastructure (Opal cannot send LFG generated electricity to the grid). Damage to the power plant electrical infrastructure is preventing the collection and destruction of LFG at the Landfill. Given the potential environmental and health and safety risks associated with uncollected LFG, the City is required to promptly resume the collection and control of LFG at the Landfill.

The City was able to obtain approval from the Monterey Bay Air Resources District to operate a temporary open flare LFG destruction device to the Landfill to resume LFG collection and destruction.

The temporary flare requires a flat pad to secure the flare skid and connection to the existing landfill gas collection system to divert the landfill gas from the plant to the temporary flare. Construction for the flare pad includes vegetation removal, excavation, grading the pad and access road, and concrete footings to secure the flare skid.

The City contacted Tetra Tech BAS, who has extensive knowledge of the site as the landfill’s consulting engineer for over 20 years. They were able to quickly identify a suitable pad location, design all the necessary pipe connections that is compatible to the temporary flare, mobilize a construction crew to start the site preparation work, and provide engineering and construction support during the installation.

We consider this work to be exigent based on the potential environmental and health and safety risks associated with uncollected LFG and ongoing conversation we have with the regulatory personnels to bring the site back to compliance as soon as possible.

17.6 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
RECOMMENDATION: Motion to adopt a resolution confirming the Parking and Business Improvement Area FY 2025 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2025.

BACKGROUND: At its May 28, 2024 meeting, the City Council approved the annual plan prepared by the Downtown Association for FY 2025. In addition, the City Council adopted a resolution stating its intention to levy Parking and Business Improvement Area Assessments for FY 2025, and scheduled a public hearing for June 11, 2024, in accordance with state law.

DISCUSSION: At the June 11, 2024 public hearing, written and oral protests may be made in accordance with State Streets & Highways Code Sections 36524 and 36525 regarding the levy of the business improvement assessments. The Downtown Association’s annual plan proposes no change in the assessment area for FY 2025; however the per square foot rate of assessment will increase from $0.54 to $0.55 based on the Consumer Price Index adjustment allowed in the assessment formula.

At the conclusion of the public hearing, absent a majority protest, staff recommends that City Council adopt a resolution confirming the Downtown Association’s plan. The resolution shall also constitute a levy of the parking and business improvement assessments for FY 2025.

FISCAL IMPACT: There is no fiscal impact to the City. Revenues collected from the assessment are turned over to the Downtown Association to be spent for promotional activities in the Parking and Business Improvement Area.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION CONFIRMING THE PARKING AND BUSINESS IMPROVEMENT AREA FY 2025 PLAN.DOCX

18.1 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

CONFIRMING THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA

ANNUAL PLAN AND LEVYING BUSINESS IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2025
WHEREAS, the Downtown Association has prepared an annual plan to the City of Santa Cruz for Fiscal Year 2025 pertaining to the Downtown Parking and Business Improvement Area Assessments for the Downtown Association Parking and Business Improvement Area under California Streets and Highways Code §36533; and
WHEREAS, that annual plan was filed with the City Clerk; and WHEREAS, the City Council on May 28, 2024 adopted Resolution No. NS-30,335 stating its intention to levy business improvement assessments for FY 2025; and WHEREAS, pursuant to City Council’s May 28, 2024 Resolution of Intention, the City Council on June 11, 2024 in accordance with California Streets and Highways Code §§36535 and 36541, held a public hearing as provided for in Streets and Highways §§36524 and 36525, at which time it considered the annual report and the levy of business improvement assessments for FY 2025; and
WHEREAS, at said public hearing, the City Council considered all protests to the annual levy of the business improvement assessments.

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

1. The Downtown Parking and Business Improvement Area Annual Plan for FY 2025 filed by the Downtown Association of Santa Cruz with the City Clerk, is hereby confirmed by the City Council.

2. The City Council hereby finds that the formula for assessment established pursuant to Santa Cruz Municipal Code §5.05.040 is a reasonable estimate of the benefits derived by the categories of business classified therein. The City Council finds said businesses derive substantial benefit from the improvements and promotional events funded by the assessment, which make the business improvement zone a cleaner, safer, more enjoyable and more economically viable place to conduct business. The formula contained at §5.05.040 is hereby found to constitute a reasonable means of allocating said estimated benefit, by taking into account: (1) the type of business operation; (2) the location and; (3) the size of the operation.

3. The adoption of the resolution shall constitute Fiscal Year 2025 levy of assessment provided for in Chapter 5.05 of the Santa Cruz Municipal Code pertaining to downtown parking and business improvement area zones and rate of business promotion assessments.

18.2 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 11th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

18.3 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
RECOMMENDATION: Motion to adopt a resolution confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2025 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025.

BACKGROUND: On February 8, 1994, the City Council adopted Ordinance 94-06 adding Chapter 5.06 to the Santa Cruz Municipal Code establishing the Cooperative Retail Management Business Real Property Improvement District (District) and levying assessments on the properties along Pacific Avenue pursuant to the Parking and Business Improvement Area Law of 1989 for the purpose of establishing a Downtown Hospitality Program. The City Council approved the Downtown Management Corporation (DMC) as an advisory board to make recommendations on the expenditure of revenues collected from the assessment. In 1996, the area was expanded to include side streets between Cedar and Front Streets and some downtown alleyways including Lincoln-Cathcart, Pacific-Front, Pearl Alley, Plaza Lane, Locust Lane, Commerce Lane, Elm Lane, and Birch Lane. In 2023, the area was expanded to include all real property used for commercial or business purposes on parcels with street frontage on Cedar Street, Front Street, the south side of Mission Street and Water Street, and the north side of Laurel Street.

DISCUSSION: On May 28, 2024, the City Council approved the DMC FY 2024/2025 Annual Report/Plan and adopted a resolution stating its intention to levy business improvement assessments for FY 2025.

The assessments are based upon the linear foot frontage and lot size and building size of the real property used for commercial or business purposes, including rental residential, within the CRM District.

19.1 Each parcel’s assessment is calculated as follows:

Linear Feet Frontage x Linear Feet Frontage Rate = Linear Footage Assessment Lot Area Square Footage x Lot Area Square Footage Rate = Lot Assessment Building Square Footage x Building Square Footage Rate = Building Assessment Linear Footage Assessment + Lot Assessment + Building Assessment = Annual Assessment The CRM assessment formula allows the Board to recommend an annual adjustment in the rate based on the Consumer Price Index (CPI). The annual CPI adjustment as of February 2024 is

2.4%, therefore the rates per square foot will increase as follows:

For property fronting Pacific Avenue, the rates will increase from $7.0393 per linear foot on Pacific Avenue, $5.2795 per linear foot for all other frontage, $.0811 per lot square foot and $.0718 per building square foot to $7.2082 per linear foot on Pacific Avenue, $5.4062 per linear foot for all other frontage, $.0831 per lot square foot, and $.0735 per building square foot.

For property fronting side streets and alleys, the rates will increase from $5.2795 per linear foot, $.0608 per lot square foot, and $.0538 per building square foot to $5.4062 per linear foot, $.0623 per lot square foot, and $.0551 per building square foot. Frontage on side streets and alleys include properties located: on Cedar and Front Streets and located on Soquel Avenue; on Center Street between Cedar and Mission, Mission, Locust, Cooper, Church, Walnut, Lincoln, Cathcart, Elm and Maple Streets; Plaza, Locust, Commerce, Elm and Birch Lanes; in Pearl Alley; in Lincoln-Cathcart and Pacific-Front alley ways.

The Resolution of Intention was published in the Sentinel and mailed to affected property owners as required by State law.

At the public hearing portion of this meeting, City Council shall hear and consider written and oral protests pertaining to the proposed levy of assessments, the amount of the proposed assessments, the proposed improvements, and activities to be funded with the revenues derived from the proposed levy of assessments, and/or the proposed boundaries of the District in accordance with State & Highways Code Sections 36524 and 36525.

At the conclusion of the public hearing, absent the receipt of written ballots from property owners casting a majority vote against the proposed assessment, Council is requested to adopt a resolution confirming the DMC's plan, as approved by the City Council on May 28, 2024.

FISCAL IMPACT: The City owns property within the boundaries of the District. The assessment for City properties is $88,842.16.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION CONFIRMING DISTRICT PLAN FY 2025.DOCX

19.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ CONFIRMING THE FISCAL YEAR 2025 COOPERATIVE RETAIL MANAGEMENT

BUSINESS REAL PROPERTY IMPROVEMENT DISTRICT ASSESSMENTS

AND THE ANNUAL REPORT/PLAN FOR THE DISTRICT
WHEREAS, the Downtown Management Corporation has prepared a report to the City of Santa Cruz for FY 2024/2025 pertaining to the business improvement area assessments for the Cooperative Retail Management Business Real Property Improvement District (the "District") under California Streets and Highways Code Sections 36533 and 36541 and Santa Cruz Municipal Code Chapter 5.06; and
WHEREAS, that report was filed with the City Clerk on May 28, 2024; and WHEREAS, on May 28, 2024 the City Council adopted Resolution No. NS-30,334 stating its intention to levy business improvement assessments for FY 2025; and WHEREAS, pursuant to the City Council's May 28, 2024 resolution of intention, the City Council, on June 11, 2024 in accordance with California Streets and Highways Code Section 36535, held a public hearing as provided for in Streets and Highways Code Sections 36524 and 36525 at which time it considered the annual report, and the levy of business improvement assessments for FY 2025.

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

1. The FY 2025 Cooperative Retail Management Business Real Property Improvement District Area Annual Plan filed by the Downtown Management Corporation of Santa Cruz, a California nonprofit corporation ("DMC"), with the City Clerk on May 28, 2024 is hereby confirmed.

2. The adoption of this resolution shall constitute the FY 2025 levy of assessment provided for in Chapter 5.06 of the Santa Cruz Municipal Code pertaining to the downtown business improvement area zone and rate of the Cooperative Retail Management business real property improvement assessments.

PASSED AND ADOPTED this 11th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

19.3 From: Garrett
To: City Council
Subject: Agenda Item #19 District Assessments
Date: Thursday, June 6, 2024 8:40:01 PM
Agenda Item #19 District Assessments
Dear Council,
I will admit this item's not much of my business, but I'm just curious, and perhaps you can explain.

You are raising assessments for this downtown district, but don't say what special benefit you are going to do for these businesses with the money. Doesn't that seem like a necessary part of any informed vote of the district membership on this matter quantifying benefit vs cost?
You also indicate the city is a large member of the district that will pay $88,842.16 as membership dues. I can only assume this money comes from the general fund, is funded by taxes, and by spending additional tax money for this some benefit needs to accrue the city and thus taxpayers in like amount. What is the cost/benefit accounting for that (or what is that)?
Garrett Philipp

19.4 PUBLIC REVIEW DRAFT (revised 2.28.2024)
ORDINANCE NO. 202X-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ ADDING CHAPTER 6.110 - 6.110.070 ENTITLED “PROHIBITION OF GASOLINE-POWERED LEAF BLOWERS’ TO TITLE SIX

HEALTH AND SANITATION OF THE CITY OF SANTA CRUZ MUNICIPAL CODE WHEREAS, in February 2000, the California Air Resources Board (CARB) submitted a report to the California Legislature describing the health and environmental impacts of gasolinepowered leaf blowers; and WHEREAS, the CARB report presents strong evidence suggesting the use of gasolinepowered leaf blowers can have significant adverse effects on the overall health, safety, and wellbeing of residents and landscapers; and WHEREAS, various studies have found that gas-powered leaf blowers release significant amounts of carbon emissions into the air each year; and WHEREAS, the Intergovernmental Panel on Climate Change (IPCC) identifies carbon emissions as a primary driver of global warming and human caused climate change; and WHEREAS, as of January 1, 2024, State of California AB 1346 prohibited the sale of new gasoline-powered leaf blowers (among other small off-road engines) but leaves it to localities to regulate their continued use; and
WHEREAS, many municipalities have already banned or restricted the use of internal combustion engine powered equipment with ordinances adopted by the cities of Berkeley, Oakland, Piedmont, Beverly Hills, Claremont, Lafayette, Laguna Beach, Lawndale, Los Altos, Los Angeles, Menlo Park, Novato, Newport Beach, San Clemente, Santa Monica and others; and WHEREAS, on November 27, 2018, the City Council passed a resolution declaring a climate emergency (RESOLUTION NO. NS-29,462); and
WHEREAS, on September 13, 2022 the City Council adopted the City’s Climate Action Plan 2030; and
WHEREAS, the City’s Climate Action Plan 2030 specifically identifies passing a ban on gas-powered small off-road engines, which includes gas-powered leaf blowers, by 2024; and WHEREAS, the City’s Climate Action Plan 2030, commits the City to exploring and mitigating equity impacts of electrifying and upgrading off-road equipment.

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

Section 1. That Chapter 6.110 of the Santa Cruz Municipal Code is added to read as follows:

20.1 ORDINANCE NO. 202X-XX
2 PROHIBITION OF GAS-POWERED LEAF BLOWERS

6.110.010 Purpose and Findings
The City Council finds and expressly declares as follows:

1. The purpose of this addition to the Santa Cruz Municipal Code is to reduce greenhouse gas emissions and promote the general health, safety, and welfare of City residents by prohibiting the use of gas-powered leaf blowers within Santa Cruz city limits.

2. Strong evidence indicates that gasoline-powered leaf blowers can significantly harm the general health, safety, and welfare of residents. These blowers release substantial amounts of carbon emissions annually. Additionally, their two-stroke engines, which require a mixture of gasoline and oil, produce excessive pollution in various forms, including liquid and solid particulate matter, ozone, carbon monoxide, nitrogen oxides, and hydrocarbons.

3. Santa Cruz is already experiencing the negative impacts of climate change which present various threats to the health and wellbeing of Santa Cruz communities such as displacement, coastal erosion, and flooding.

4. Carbon emissions from gasoline-powered leaf blowers further exacerbate the climate change impacts that the City of Santa Cruz is currently experiencing.

5. Advancements in the development of electric-powered leaf blowers and increased battery capacity have made these electric models a viable and cost-effective alternative to gasolinepowered leaf blowers.

6.110.020 Definitions
The following words and phrases, whenever used in this section, shall have the meanings defined herein:

1. “Leaf blower” means a machine, powered by an internal combustion engine or electric motor, used to blow, displace or vacuum leaves, dirt, and/or debris.

2. “Gas-powered leaf blower” means any leaf blower directly powered by an internal combustion engine using gasoline, diesel, or other volatile fuel.

3. “Internal combustion” means a method of producing power where gasoline, alcohol, or other liquid fuel is combusted within an engine.

4. “Authorize” means to allow, with or without express permission. Authorizing the operation of a gas-powered leaf blower includes but is not limited to the following scenarios:
a. Hiring any person to perform landscaping services who uses a gas-powered leaf blower to effectuate those services, with or without the knowledge of the hirer.

20.2 ORDINANCE NO. 202X-XX
3 b. Providing a gas-powered leaf blower to another person for use. c. Operating a gas-powered leaf blower.
d. Renting or leasing to a tenant who operates or hires any person who operates a gaspowered leaf blower on the property.

6.110.030 Prohibitions

1. It is prohibited for any property owner to authorize the operation of a gas-powered leaf blower at any time for any purpose on the property they own.

2. The property owner shall be the party responsible for any violations of this chapter that occur on their property.

3. No property owner shall authorize the use of any leaf blower, gas-powered or otherwise, without taking reasonable precautions to avoid depositing dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris onto a neighboring property or into a street, sidewalk, gutter, or storm drain.

4. No property owner shall authorize the use of an internal combustion generator to charge batteries for, or, provide power to, landscape equipmentleaf blowers.

6.110.040 Enforcement

1. Any individual may report a suspected violation of this ordinance. a. Suspected violations will be reported to the Planning and Community Development Code Compliance Division through the Planning and Community Development Department’s website complaint portal or by telephone.
b. When a complaint is received a written courtesy notice shall be issued to the responsible party who allegedly authorized the use of gas-powered leaf blowers. The courtesy notice will specify the alleged violation and possible penalties in the event of future violations and include information on incentives available for compliant leaf blowers. The responsible party will be required to sign and return an affidavit that will be included with the courtesy notice. The affidavit will declare that the responsible party has been put on notice of the ordinance and the possible penalties of violating the ordinance.
a. Suspected violations will be reported to the Planning and Community Development Code Compliance Division through the Community Request for Services Portal, or, through a call to the Code Compliance Division at (831) 420-5011.

20.3 ORDINANCE NO. 202X-XX
4 2. Any violations of the prohibitions contained in this Chaptersection shall be punishable by any provision administrative citationcontained in pursuant to Title 4. b. Upon determination of a first violation, a written notice shall be issued to the responsible party who authorized the use of gas-powered leaf blowers. The notice will specify the violation and, the possibleappropriate penalties in the event of future violations and include information on incentives available for compliant leaf blowers. a. The enforcement mechanisms of this Chapter may include but are not limited to the following:Administrative citations issued pursuant to this section will follow the schedule described in Section 4.14.070.
(1) Public and private nuisance abatement proceedings pursuant to Chapter 4.18 and

4.2830.
(2) Administrative citations with penalties increasing at a rate pursuant to Chapter

4.14. (3) Civil penalties assessed per violation subject to notice and hearing procedures pursuant to Chapter 4.12.
(4) Criminal prosecution pursuant to Chapter 4.04.

6.. 110.050 Exemptions

1. 2. This section shall not apply to the maintenance of parcels of ten (10) five (5) acres or more.

1. 3.2. This section shall not apply to the maintenance of the designated parks and open spaces listed here: Arana Gulch, Arroyo Seco, DeLaveaga Park, Depot Park, Harvey West Park, Main Beach, Moore Creak Preserve, Neary Lagoon, Pogonip, San Lorenzo Park, Rail Trail, University Terrace Park, Riverwalk and West Cliff. University Terrace, Depot Park, San Lorenzo Park, Main Beach, Arroyo Seco, Neary Lagoon, Harvey West Park, Arana Gulch, Moore Creek Preserve, De Laveaga Park, and Pogonip.

4.3. Use of gas-powered leaf blowers is exempt from this section when utilized by or at the direction of emergency responders for the purposes of responding to an emergency, or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harmThis section shall not apply to the maintenance of parcels of eight (8) acres or more.

1. Use of gas-powered leaf blowers is exempt from this section when utilized by or at the direction of emergency responders for the purposes of responding to an emergency, or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.

6.110.060 Severability

20.4 ORDINANCE NO. 202X-XX
5 If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

6.110.070 Effective Date
The prohibitions of this chapter shall become effective on October 1, 2024January 1, 2025.

PASSED FOR PUBLICATION this 11th28th14 day of May June 2024, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 28the11th25th day of MayJune, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

20.5 ORDINANCE NO. 202X-XX
6 This is to certify that the above and
foregoing document is the original
of Ordinance No. 202x-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

20.6 ORDINANCE NO. 202X-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ ADDING CHAPTER 6.110 - 6.110.070 ENTITLED “PROHIBITION OF GASOLINE-POWERED LEAF BLOWERS’ TO TITLE SIX

HEALTH AND SANITATION OF THE CITY OF SANTA CRUZ MUNICIPAL CODE WHEREAS, in February 2000, the California Air Resources Board (CARB) submitted a report to the California Legislature describing the health and environmental impacts of gasolinepowered leaf blowers; and WHEREAS, the CARB report presents strong evidence suggesting the use of gasolinepowered leaf blowers can have significant adverse effects on the overall health, safety, and wellbeing of residents and landscapers; and WHEREAS, various studies have found that gas-powered leaf blowers release significant amounts of carbon emissions into the air each year; and WHEREAS, the Intergovernmental Panel on Climate Change identifies carbon emissions as a primary driver of global warming and human caused climate change; and WHEREAS, as of January 1, 2024, State of California AB 1346 prohibited the sale of new gasoline-powered leaf blowers (among other small off-road engines) but leaves it to localities to regulate their continued use; and
WHEREAS, many municipalities have already banned or restricted the use of internal combustion engine powered equipment with ordinances adopted by the cities of Berkeley, Oakland, Piedmont, Beverly Hills, Claremont, Lafayette, Laguna Beach, Lawndale, Los Altos, Los Angeles, Menlo Park, Novato, Newport Beach, San Clemente, Santa Monica and others; and WHEREAS, on November 27, 2018, the City Council passed a resolution declaring a climate emergency (Resolution No. NS-29,462); and
WHEREAS, on September 13, 2022 the City Council adopted the City’s Climate Action Plan 2030; and
WHEREAS, the City’s Climate Action Plan 2030 specifically identifies passing a ban on gas-powered small off-road engines, which includes gas-powered leaf blowers, by 2024; and WHEREAS, the City’s Climate Action Plan 2030, commits the City to exploring and mitigating equity impacts of electrifying and upgrading off-road equipment.

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

Section 1. That Chapter 6.110 of the Santa Cruz Municipal Code is added to read as follows:

20.7 ORDINANCE NO. 202X-XX
2 PROHIBITION OF GAS-POWERED LEAF BLOWERS

6.110.010 Purpose and Findings
The City Council finds and expressly declares as follows:

1. The purpose of this addition to the Santa Cruz Municipal Code is to reduce greenhouse gas emissions and promote the general health, safety, and welfare of City residents by prohibiting the use of gas-powered leaf blowers within Santa Cruz city limits.

2. Strong evidence indicates that gasoline-powered leaf blowers can significantly harm the general health, safety, and welfare of residents. These blowers release substantial amounts of carbon emissions annually. Additionally, their two-stroke engines, which require a mixture of gasoline and oil, produce excessive pollution in various forms, including liquid and solid particulate matter, ozone, carbon monoxide, nitrogen oxides, and hydrocarbons.

3. Santa Cruz is already experiencing the negative impacts of climate change which present various threats to the health and wellbeing of Santa Cruz communities such as displacement, coastal erosion, and flooding.

4. Carbon emissions from gasoline-powered leaf blowers further exacerbate the climate change impacts that the City of Santa Cruz is currently experiencing.

5. Advancements in the development of electric-powered leaf blowers and increased battery capacity have made these electric models a viable and cost-effective alternative to gasolinepowered leaf blowers.

6.110.020 Definitions
The following words and phrases, whenever used in this section, shall have the meanings defined herein:

1. “Leaf blower” means a machine, powered by an internal combustion engine or electric motor, used to blow, displace or vacuum leaves, dirt, and/or debris.

2. “Gas-powered leaf blower” means any leaf blower directly powered by an internal combustion engine using gasoline, diesel, or other volatile fuel.

3. “Internal combustion” means a method of producing power where gasoline, alcohol, or other liquid fuel is combusted within an engine.

4. “Authorize” means to allow, with or without express permission. Authorizing the operation of a gas-powered leaf blower includes but is not limited to the following scenarios:
a. Hiring any person to perform landscaping services who uses a gas-powered leaf blower to effectuate those services, with or without the knowledge of the hirer. b. Providing a gas-powered leaf blower to another person for use.

20.8 ORDINANCE NO. 202X-XX
3 c. Operating a gas-powered leaf blower.
d. Renting or leasing to a tenant who operates or hires any person who operates a gaspowered leaf blower on the property.

6.110.030 Prohibitions

1. It is prohibited for any property owner to authorize the operation of a gas-powered leaf blower at any time for any purpose on the property they own.

2. The property owner shall be the party responsible for any violations of this chapter that occur on their property.

3. No property owner shall authorize the use of any leaf blower, gas-powered or otherwise, without taking reasonable precautions to avoid depositing dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris onto a neighboring property or into a street, sidewalk, gutter, or storm drain.

4. No property owner shall authorize the use of an internal combustion generator to charge batteries for, or, provide power to, leaf blowers.

6.110.040 Enforcement

1. Any individual may report a suspected violation of this ordinance. a. Suspected violations will be reported to the Planning and Community Development Code Compliance Division through the Planning and Community Development Department’s website complaint portal or by telephone.
b. When a complaint is received a written courtesy notice shall be issued to the responsible party who allegedly authorized the use of gas-powered leaf blowers. The courtesy notice will specify the alleged violation and possible penalties in the event of future violations and include information on incentives available for compliant leaf blowers. The responsible party will be required to sign and return an affidavit that will be included with the courtesy notice. The affidavit will declare that the responsible party has been put on notice of the ordinance and the possible penalties of violating the ordinance.

2. Any violations of the prohibitions contained in this Chapter shall be punishable by any provision contained in Title 4.
a. The enforcement mechanisms of this Chapter may include but are not limited to the following:
(1) Public and private nuisance abatement proceedings pursuant to Chapter 4.18 and 4.30.
(2) Administrative citations with penalties increasing at a rate pursuant to Chapter

4.14. 20.9
ORDINANCE NO. 202X-XX
4 (3) Civil penalties assessed per violation subject to notice and hearing procedures pursuant to Chapter 4.12.
(4) Criminal prosecution pursuant to Chapter 4.04.

6.110.050 Exemptions

1. This section shall not apply to the maintenance of parcels of ten (10) acres or more.

2. This section shall not apply to the maintenance of the designated parks, greenways and open spaces listed here: DeLaveaga Park, Depot Park, Harvey West Park, Neary Lagoon, San Lorenzo Park, Rail Trail, University Terrace Park, Riverwalk, and West Cliff.

3. Use of gas-powered leaf blowers is exempt from this section when utilized by or at the direction of emergency responders for the purposes of responding to an emergency, or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.

6.110.060 Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

6.110.070 Effective Date
The prohibitions of this chapter shall become effective on January 1, 2025.

PASSED FOR PUBLICATION this 11th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

20.10 ORDINANCE NO. 202X-XX
5 PASSED FOR FINAL ADOPTION this 25th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2024-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

20.11 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: City Manager
SUBJECT: First Reading of An Ordinance to Add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide (CM)
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance entitled “Prohibition of Gas-Powered Leaf Blowers” to add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code (SCMC) to prohibit the use of gas-powered leaf blowers Citywide. The California Environmental Quality Act (CEQA) determination: This ordinance is consistent with the Negative Declaration approved for the City of Santa Cruz Climate Action Plan 2030 adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the “common sense” exemption, 15061(b)(3) and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment; 2) Direct staff to pursue funding opportunities to provide financial assistance to City residents and small businesses to transition to electric-powered leaf blowers; and 3) Reevaluate the ongoing need for exemptions to the ordinance as part of the next Climate Action Plan 2030 Implementation 3-year Workplan (2026-2028).

BACKGROUND: Gas-powered leaf blowers (GLB) have been a public concern for Santa Cruz communities for many years due to their environmental and health impacts. GLBs emit large amounts of carbon dioxide, hydrocarbons, and fine particulate matter, contributing to smog and air pollution. Their two-stroke engines mix gasoline and oil, producing emissions more harmful than those from modern automobiles, impacting the health of the user and those in the surrounding environment.

Additionally, GLBs can be extremely loud. The loud operation of GLBs, exceeding 100 decibels (dB) in some cases, creates a significant source of noise pollution within communities. For reference ambient background noise in metropolitan, urbanized areas typically varies from 60 to 70 dB and can be as high as 80 dB or greater; quiet suburban neighborhoods experience ambient noise levels of approximately 45-50 dB (U.S. Environmental Protection Agency 1978). This noise not only disrupts the tranquility of neighborhoods but can also lead to hearing damage, dizziness, and increased stress for both those operating the equipment and those exposed to it.

20.12 In terms of greenhouse gas (GHG) emissions, the California Air Resources Board (CARB) estimates that the emissions produced by a single GLB operating for one hour are equivalent to those generated by a car traveling over 1,100 miles, approximately the distance from Los Angeles to Denver. According to the City’s Climate Action Plan 2030 (CAP 2030), adopted by City Council in 2022), approximately 7% of GHG emissions reductions needed to meet the CAP 2030 and state 2030 emissions target are attributable to small, gas-powered off-road equipment.

Small off-road equipment includes those spark-ignition engines with rated power at or below 19 kilowatts or 25 horsepower such as portable generators, pressure washers, GLBs and other lawn and garden equipment. City staff estimate that prohibiting the use of GLBs citywide could account for up to 1% of the total GHG emissions reductions needed for the City to meet the CAP 2030 and state emissions target for year 2030, i.e., to 40% of 1990 levels by 2030.

Recognizing the negative environmental and health impacts of GLBs, on January 1, 2024, State of California Assembly Bill 1346 (AB1346), which bans the sale of new GLBs statewide, went into effect. Although AB1346 bans the sale of new GLBs it does not regulate the use of existing GLBs, thereby placing the responsibility of regulating GLBs on local governments. Over 50 municipalities in California, including nearby cities Los Gatos, Berkeley, and Palo Alto have adopted bans or restrictions on the use of GLBs. Additionally, on February 13, 2024, the County of Santa Cruz adopted a resolution to phase out GLBs countywide and is now exploring a county ordinance to regulate them.

The City committed to banning small, gas-powered off-road equipment, including GLBs, as part of the CAP 2030. (https://www.cityofsantacruz.com/government/city-departments/citymanager/climate-action-program/climate-action-plan). The City’s CAP 2030 contains 152 actions the City and community must implement to meet the 2030 state and local target for GHG emissions. Action T6.5 specifies passing a ban on gas-powered small off-road engines by 2024.

Additionally, Action T6.1 commits the City to exploring ways to mitigate the equity impacts of electrifying small off-road engines and Action T6.3 commits the City to pursuing and accessing funding to decarbonize small off-road engines. Moreover, development of GLB regulations was prioritized to be completed as part of the first CAP 2030 Implementation 3-year Workplan (2023-2025), also adopted in 2022 with the CAP 2030.

In the fall of 2023, the City Manager directed staff to begin developing potential regulations for GLBs. Subsequently, on January 23, 2024, City Council transferred work on the development of a GLB ordinance from the ad hoc City Council committee that previously worked to explore an ordinance to the Health in All Policies (HiAP) City Council Committee which worked with staff on developing the ordinance and conducting associated outreach.

DISCUSSION:

Community Outreach & Feedback
Extensive outreach was conducted to gather input and solicit internal and public feedback during the development of the ordinance. Staff conducted multiple meetings with Santa Cruz City School District staff and various Santa Cruz County and City departments to identify their use of GLBs and assess their potential need for exemptions. Santa Cruz City School District staff indicated that for properties larger than 10 acres, they would have problems using only electric leaf blowers (ELB) as it would adversely impact the efficiency of their landscaping operations.

Santa Cruz Parks and Recreation Department (PR) indicated that for properties larger than 8.6 acres (the size of Depot Park), they would have problems using only ELBs as it would adversely impact the efficiency of their landscaping operations.

20.13 Commercial ELBs running at the power requirement needed for maintenance deplete the battery within 20 to 40 minutes of service before requiring a battery swap out (vs. the ability to run a GLB for hours). Each backpack ELB includes two batteries. On large properties, when the two ELB batteries are depleted, it requires a maintenance worker to walk to their truck or on-site battery charging location to swap out the batteries and walk back to where they stopped work to continue working. This is time lost from working as contrasted to GLBs which offer double to triple the service time before refueling. Additional commercial ELB batteries are too heavy for additional spares to be carried by a maintenance worker. Last, unlike GLBs, few ELBs offer ergonomic models that reduce user fatigue in hands, forearms and shoulders, particularly when working on large properties.

To accommodate the transition of these large property owners, ordinance exemptions were considered based on the School District’s efficiency threshold of 10 acres, PR’s efficiency threshold for maintaining City parks and open spaces 8.6 acres or larger in size (e.g., Depot Park), and those parks and open spaces that are comprised of multiple parcels smaller than 10 acres but, in aggregate, exceed 10 acres in size (e.g., DeLaveaga Park).

Staff also met with Monterey Bay Air Resources District (MBARD) staff to discuss the current availability of financial incentives and explore potential future collaboration on administering incentives specifically for city residents and businesses. Additionally, staff developed an informative flyer in English and Spanish that was widely distributed online and in-person to a broad range of interested parties such as community-based organizations, local businesses, businesses that sell or rent GLBs, landscapers, large property owners and city residents. The flyer included a link to the City’s decarbonization policy webpage materials (e.g., Frequently Asked Questions (FAQ), incentives, ordinance versions, etc.) and an announcement of a virtual community meeting and an online survey.

Public feedback was collected via an online survey, a virtual community meeting, a public inperson HiAP City Council Committee meeting, in-person surveys in the Beach Flats neighborhood, and email. On March 14, 2024, staff facilitated a virtual community meeting to review and discuss the proposed draft ordinance. The meeting was conducted in English with simultaneous interpretation provided in Spanish. In total ten people participated in the meeting.

During the meeting, participants were able to ask questions and comment on the proposed draft ordinance. In general, participants’ comments reflected strong majority support for banning GLBs, some concerns regarding the need for exemptions, and the importance of strong enforcement of the ordinance.

The majority of public comments were received online through a two-question survey that was open from March 1, 2024 – March 24, 2024. The survey asked individuals for their opinion about the proposed draft ordinance and recommendations on how to successfully implement the ordinance if it was adopted. In addition to the online surveys submitted, staff completed 15 inperson surveys in Spanish with Beach Flats residents who were provided $10.00 gift cards for their time and feedback. A total of 419 survey responses were submitted where 403 where in English and 16 where in Spanish.

An analysis of the public comments yielded four key insights:

20.14 1. The feedback received indicates broad public support for banning GLBs. Of the 419 surveys submitted, 76% of respondents support a ban on GLBs and only 20% oppose it.

Although in general there was strong support for the proposed draft ordinance, all 16 Spanish surveys that were submitted opposed the proposed draft ordinance, with some citing concerns about the costs of ELBs, and a lack of space to charge the batteries.

2. Opponents of the proposed draft ordinance, including a few landscaping businesses, expressed concerns about the perceived lower power output of ELBs compared to GLBs.

Opponents also expressed concerns that some small businesses may struggle adopting ELBs due to their higher costs.

3. There were some concerns about the exemptions for larger properties and the lack of clarity about the reporting and enforcement procedures as contained in the proposed draft ordinance. Common suggestions included eliminating exemptions entirely, raising the threshold to 50-acres or more, and including reporting and enforcement details directly in the ordinance text.

4. Providing financial assistance to help small businesses transition to ELBs, a comprehensive public education campaign, and a lengthy transition period were viewed as very important to successful implementation of the ordinance.

In addition to the community outreach activities, the proposed draft ordinance was brought to the April 2, 2024, HiAP City Council Committee meeting to seek feedback and suggestions from committee members as well as interested parties from the community. Committee members Councilmember Kalantari-Johnson, Councilmember Watkins, Councilmember Brunner, and eight members of the public attended the meeting. Seven of the eight members of the public expressed support for banning GLBs and recommended increasing the exemption acreage threshold. One member of the public expressed opposition to banning GLBs and recommended restricting the hours of the day GLBs can be used rather than prohibiting their use. The three committee members all expressed support for the proposed draft ordinance and recommended adjustments to the proposed draft ordinance related to increasing the exemptions threshold (originally set at 5 acres in the public review draft ordinance) and formally including revaluation of the ongoing need for exemptions as part of the CAP 2030 Implementation 3-year Workplan (2026-2028). For a complete list of the City’s engagement activities please refer to Attachment:

Community Engagement Summary as well as the Attachment: Frequently Asked Questions.

In response to the public comments received and HiAP Committee recommendations some substantive revisions were made to sections 6.110.040 and 6.110.050 of the proposed draft ordinance. Section 6.110.040 was changed to clarify the reporting and enforcement procedures.

Section 6.110.50 was changed to increase the acreage exemptions threshold from five acres to ten acres and to include the list of City parks and open spaces that will be exempt from the ordinance. See Attachment: Draft Ordinance – Redline for the specific language contained in the proposed revised ordinance before the Council.

Summary of Proposed Ordinance
The proposed ordinance (see Attachment entitled, Prohibition of Gas-Powered Leaf Blowers Ordinance) would add Chapter 6.110-6.110.070 to the Santa Cruz Municipal Code (SCMC) title 6, Health and Sanitation, to establish GLB regulations. The proposed regulations are summarized below:

20.15 Prohibitions
The ordinance applies a citywide ban on the use of GLBs with some exemptions and permits the use of electric or battery-powered leaf blowers.

Exemptions
The ordinance allows for three exemptions:

1. The ordinance does not apply to the maintenance of parcels of ten acres or more;

2. The ordinance does not apply to the maintenance of DeLaveaga Park, Depot Park, Harvey West Park, Neary Lagoon, San Lorenzo Park, the Rail Trail, University Terrace Park, Riverwalk, and West Cliff; and

3. The ordinance does not apply to the use of GLBs by or at the direction of emergency responders responding to an emergency or to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.

Responsible Party
Property owners will be the responsible party for any violations of the ordinance.

Enforcement
The City’s Code Compliance Division of the Planning and Community Development Department would be responsible for enforcing the proposed regulations. Potential violations will be reported to the City’s Planning and Community Development Department’s Code Compliance Division by phone or online through the City's Community Request for Services Portal (www.crsp.santacruzca.gov/p/Home) under the “code violation” button. When a complaint is received, a written courtesy notice will be mailed to the property owner with details about the alleged violation, potential future penalties, and incentives programs. Additionally, the property owner will be required to sign and return an affidavit included with the written courtesy notice confirming they are aware of the ordinance and potential penalties. The case will then be closed.

Following the courtesy notice and as detailed in Attachment: Code Compliance Process Chart, if another complaint at the same location results in the determination that a violation of the ordinance has occurred, it would be considered a Category 5 violation which would be punishable by any provision in Santa Cruz Municipal Code Title 4 including escalating fines, and criminal prosecution as defined in Attachment: Santa Cruz Municipal Code Title 4.

Financial Impacts and Incentives
AB 1346 addresses only the sale, not the use of GLBs. This means individuals can continue using GLBs until they are no longer functional. However, if adopted, the ordinance will necessitate an earlier switch to ELBs for City residents and landscapers, potentially before their current tools are obsolete. This transition will require investment in ELBs and additional batteries as necessary. Depending on their needs, the initial cost of purchasing ELBs may be particularly challenging for small businesses as commercial ELBs and batteries can range from hundreds of dollars to over two thousand dollars.

Although there is public feedback indicating the support for and importance of financial incentives to aid in this transition, currently, there are no available resources for the City to establish its own rebate or incentives program. State incentive funds are also not currently available. Rebates are currently available to city residents and businesses to help them switch to

20.16 zero emissions landscaping equipment through the new MBARD Landscape Equipment Exchange Program (LEEP) (https://www.mbard.org/leep). LEEP provides rebates for replacing gasoline-powered landscaping equipment with new, zero-emission electric alternatives to residents and commercial landscapers in Monterey, Santa Cruz, and San Benito Counties.

The LEEP rebates cover up to 80% of the retail price for a variety of landscaping equipment, including handheld blowers and backpack blowers. Residents can exchange one equipment piece for up to $2,000, while commercial operators can exchange up to 10 pieces across different categories, up to $15,000. As of May 21, 2024, $56,688.82 was available for residents and $260,980.39 was available for commercial businesses. MBARD staff anticipate funding will be available through the proposed ordinance implementation date of January 1, 2025, and that the program will be continued past its first year. However, there is no guarantee that funds will not be depleted or renewed. Importantly, MBARD staff have confirmed that should the City obtain funding to expand the rebates available to City residents, MBARD could administer those funds through the LEEP program.

Additionally, the Association of Monterey Bay Area Governments is standing up an investorowned utility (IOU) funded Regional Energy Network in 2025 to direct IOU funds to programs that will reduce energy use and GHG emissions, which could potentially include incentives for ELBs and batteries.

Next Steps
If the City Council approves the first reading of the ordinance on June 11, 2024, it will then return for a second reading on June 25, 2024. The proposed implementation date is January 1, 2025. Should the ordinance be adopted, staff will immediately finalize and execute an outreach plan to inform the community of the regulation and incentives available. In addition to bilingual landscaping business mailers, a social media campaign and other traditional communications means, staff are also exploring innovative ways to conduct outreach and address equity concerns.

These include posting bilingual yard signs in City parks and properties, adding ELBs to the Library of Things for loan from Santa Cruz Public Library, and requesting use of the City’s internal Carbon Fund to purchase and provide ELBs to those who trade in their GLBs in lowincome neighborhoods. Should the County adopt a similar ordinance as planned, the City and County staff will work together to identify and pursue incentive funding and conduct community outreach.

The HiAP City Council Committee would monitor the implementation of the ordinance and staff would bring a one-year implementation report to City Council for consideration in early 2026.

Staff would also integrate a project that evalutes the need for ordinance exemptions into the next CAP 2030 Implementation 3-year Workplan (2026-2028) that will be brought to City Council for approval in late 2025 or early 2026.

Health in All Policies
Adopting the proposed ordinance would align the City with both state and local regulatory environments and prepare residents and businesses for potential future regulations on GLBs. The proposed ordinance promotes public health by reducing harmful emissions and noise pollution, which can lead to better respiratory health and lower stress levels. Regarding sustainability, banning GLBs decreases GHG emissions and advances the City’s CAP 2030 goals of reducing GHG emissions to 40% of 1990 levels. In terms of equity, GLBs contribute disproportionately to air and noise pollution burdens in low-income communities and communities of color. By

20.17 reducing these pollutants, the ordinance promotes a more equitable distribution of environmental health. Additionally, targeted outreach and funding opportunities to assist landscapers and small businesses transition to ELBs could strengthen the equitable implementation of the ordinance.

Environmental Review
The proposed ordinance is consistent with the Negative Declaration approved for the CAP 2030 adopted by City Council on September 13, 2022. Therefore, no further environmental review under the CEQA is required. The ordinance is also exempt from CEQA under the general rule, 15061(b)(3), because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. Further, this ordinance is exempt per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment since the proposed ordinance would institute regulatory requirements intended to protect the environment.

FISCAL IMPACT: The fiscal impact of adopting the proposed ordinance is unknown. If adopted, the ordinance would establish new regulations for GLBs. Adoption of the ordinance could increase the City's code compliance caseload. Some cities with similar bans on the use of GLBs have experienced increased code compliance activity after enacting similar ordinances.

For example, the City of Pasadena Code Compliance division’s caseload doubled after enacting a ban on gas-powered leaf blowers.

The cost of adopting the proposed ordinance could range from increased staff time to those costs associated with potentially needing to hire additional staff to administer and enforce the ordinance. Furthermore, PR must continue to electrify their remaining 41 GLBs, with the cost to do so estimated at $80,000 for ELBs and batteries and $30,000 or more to upgrade facility electrical panels to accommodate charging infrastructure. It is also estimated that replacement of the battery inventory may be required every 4 years at a cost of $25,000.

Prepared By:

Tiffany Wise-West
Sustainability and Climate
Resiliency Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT ORDINANCE -REDLINE DRAFT.DOCX

2. PROHIBITION OF GAS-POWERED LEAF BLOWERS ORDINANCE.DOCX

3. SANTA CRUZ MUNICIPAL CODE TITLE 4.PDF

4. CODE COMPLIANCE PROCESS CHART.PDF

5. COMMUNITY ENGAGEMENT SUMMARY.DOCX

6. FREQUENTLY ASKED QUESTIONS.DOCX

20.18 4-1 (Supp. No. 38 – 6/21/2018)
Title 4

GENERAL MUNICIPAL CODE ENFORCEMENT
Chapters:

4.01 Definitions

4.02 Code Enforcement Authority and Powers

4.03 Notice

4.04 Judicial Remedies

4.06 Administrative Remedies

4.08 Mediation and Facilitation

4.10 Issuance and Recordation of Notices of Violation

4.12 Administrative Civil Penalties

4.14 Administrative Citations

4.16 Summary Abatement

4.18 Administrative Abatement

4.20 Administrative Enforcement Appeals

4.22 Administrative Enforcement Hearing Procedures

4.24 Recovery of Civil Penalties, Administrative Costs and Abatement Costs

4.25 Attorneys’ Fees and Costs

4.26 Code Compliance Cost Recovery

4.28 Code Enforcement Civil Penalties and Cost Recovery Fund

4.30 Private Nuisance Abatement

20.19 THIS PAGE INTENTIONALLY LEFT BLANK
(Supp. No. 38 – 6/21/2018) 4-2

20.20 4.01.010
4-3 (Supp. No. 38 – 6/21/2018)
Chapter 4.01

DEFINITIONS
Sections:

4.01.010 Definitions.

4.01.010 DEFINITIONS.

As used in this title, the following shall have
the following meanings.
(1) “Abatement” means any action the city
may take on public or private property and any
adjacent property as may be necessary to
remove or alleviate a nuisance, including but
not limited to demolition, removal, repair,
boarding and securing or replacement of property.
(2) “Administrative enforcement order”
means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative
costs or take any other action as authorized or
required by this code and applicable state
codes. The enforcement order may also include
an order authorizing the city to abate a public
nuisance or assess a nuisance abatement lien.
(3) “Abatement notice” means a notice
issued by an enforcement officer which
requires a responsible person to abate a public
nuisance.
(4) “Code enforcement performance bond”
means a bond posted by a responsible person to
ensure compliance with the Santa Cruz Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.
(5) “Enforcement hearing officer” means
any person appointed by the city manager to
preside over administrative enforcement hearings.
(6) “Enforcement official” means any person authorized to enforce violations of the Santa Cruz Municipal Code or applicable state
codes.
(7) “Financial institution” means any person
that holds a recorded mortgage or deed of trust
on a property.
(8) “Imminent life safety hazard” means any
condition which creates a present and immediate danger to life, property, health or public safety.
(9) “Legal interest” means any interest that
is represented by a document such as a deed of
trust, quitclaim deed, mortgage, judgment lien,
tax or assessment lien, mechanic’s lien or other
similar instrument which is recorded with the
county recorder.
(10) “Notice and order” means a document
used in abatement and civil penalties actions
which provides notice of Santa Cruz Municipal
Code or applicable state code violations and
orders a responsible person to take certain steps
to correct the violations.
(11) “Notice of compliance” means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and
that the responsible person or property owner
has paid all fines, penalties and administrative
costs of enforcement.
(12) “Notice of violation” means a written
notice prepared by an enforcement official
which informs a responsible person of code
violations, requires compliance and contains
specific information as required by the Santa
Cruz Municipal Code.
(13) “Nuisance abatement lien” means a
lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code
enforcement action.
(14) “Person” means any natural person,
firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the
subject of rights or duties.
(15) “Property owner” means the record
owner of real property based on the County
Assessor’s records.

20.21 4.02.010
(Supp. No. 38 – 6/21/2018) 4-4
(16) “Public nuisance” means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety
or welfare of persons on the premises or in the
surrounding area; or real property that has been
the situs for nuisance activity including, but not
limited to: disturbing the peace, illegal drug
activity, public drunkenness, drinking alcoholic beverages in public, harassment of passers by, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination
or defecation, acts of vandalism, acts of lewd
conduct, unreasonable loud noise, loitering or
excessive littering; or the maintenance or use of
property in the city in a manner that violates, or
real property that has been the situs of a violation of, any provision of this code or any other city, state or federal law or regulation.
(17) “Responsible person” means a person
who an enforcement official determines is
responsible for causing or maintaining a public
nuisance or a violation of the Santa Cruz
Municipal Code or applicable state codes. The
term “responsible person” includes but is not
limited to a property owner, tenant, person with
a legal interest in real property or person in possession of real property. (18) “Written” includes printed, typewritten, mimeographed, multigraphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code Section
250.
(Ord. 2000-17 § 2 (part), 2000).

Chapter 4.02

CODE ENFORCEMENT AUTHORITY

AND POWERS
Sections:

4.02.010 Declaration of purpose.

4.02.020 General enforcement authority.

4.02.021 Authority to issue notice to
appear and release citations.

4.02.030 Notice of violation.

4.02.040 Authority to inspect.

4.02.050 Power to arrest.

4.02.060 Adoption of the International
Property Maintenance Code.

4.02.070 IPMC – Deletions and
modifications.

4.02.080 Entering or occupying
condemned property.

4.02.090 Violation of code.

4.02.010 DECLARATION OF
PURPOSE.

The city council finds that the enforcement
of the municipal code and applicable state
codes throughout the city is an important public
service. Code enforcement is vital to protection
of the public’s health, safety and quality of life.

The council recognizes that enforcement
depends upon clear and precise regulations that
can be effectively applied in administrative
enforcement hearings and judicial proceedings.

The council further finds that a comprehensive
code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of
law. Administrative remedies are designed to
provide fair and efficient methods of enforcing
the provisions of the municipal code without
the required expense and consumption of time
that judicial actions may require. Failure to
comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.
(Ord. 2000-17 § 2 (part), 2000).

4.02.020 GENERAL ENFORCEMENT
AUTHORITY.

All city enforcement officials designated in
Santa Cruz Municipal Code Section 4.02.021
shall have the authority and powers necessary
to gain compliance with the provisions of the
Santa Cruz Municipal Code and applicable
state codes for which they are responsible.

These powers include the power to issue

20.22 4.02.040
4-5 (Supp. No. 41 – 9/9/2022)
notices of violation and field citations, inspect
public and private property and use whatever
judicial and administrative remedies are available under the municipal code or applicable state codes.
(Ord. 2000-17 § 2 (part), 2000).

4.02.021 AUTHORITY TO ISSUE

NOTICE TO APPEAR AND
RELEASE CITATIONS.
(a) Pursuant to the provisions of Section
836.5 of the Penal Code of the State of California, certain officers and employees of the city of Santa Cruz are authorized to issue written
notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce.
(b) The following officers and employees of
the city of Santa Cruz are hereby designated
and authorized to issue said citations:

Finance Department:
(1) Finance director and their designee(s).

Fire Department:
(1) Fire chief and their designee(s).
(2) All sworn personnel.
(3) Marine safety officer.
(4) Beach lifeguards as designated.

Parks and Recreation Department:
(1) Director of parks and recreation and
their designee(s).
(2) Recreation superintendent.
(3) Urban forester and city arborists, as designated.
(4) Wharf supervisor.
(5) Golf course superintendent.
(6) Recreation supervisors.
(7) Park supervisors.

Planning Department:
(1) Director and assistant director of planning and community development, and their designee(s).
(2) Planners (including senior, principal,
and associate planners).
(3) Building inspectors (including supervising building inspectors, senior building inspectors, and building inspectors). (4) Building officials (including chief,
senior, and deputy building officials).
(5) Code compliance specialists and managers.
(6) Zoning administrator.
(7) Supervising and senior plans examiners.

Police Department:
(1) Police chief and their designee(s).
(2) All sworn personnel.
(3) Community service officers (I and II).
(4) Community service aide.
(5) Rangers (I, II, senior ranger, and temporary ranger).

Public Works:
(1) Public works director and their designee(s).
(2) Parking control crew leader.
(3) Parking control deputy.
(4) Parking control supervisor.
(5) Industrial waste inspector.
(6) Wastewater laboratory/pretreatment
manager.
(7) Senior parking attendant.
(8) Parking programs manager.
(9) Resource recovery supervisor.
(10)Street sweeper operators.
(11)Waste reduction assistant.

Water Department:
(1) Director of water department and their
designee(s).
(2) Water operations manager.
(3) Chief park ranger and park ranger.
(4) Water patrol officer, as designated.
(Ord. 2021-13, 2021; Ord. 2020-09 § 2, 2020:

Ord. 2000-17 § 2 (part), 2000).

4.02.030 NOTICE OF VIOLATION.

Chapter 4.10 provides the procedure for
issuance and recordation of notices of violation
where other sections of this code or applicable
state codes do not provide an alternative procedure.
(Ord. 2000-17 § 2 (part), 2000).

4.02.040 AUTHORITY TO INSPECT.

City enforcement officials are authorized to
enter upon any property or premises to ascer20.23

4.02.050
(Supp. No. 41 – 9/9/2022) 4-6
tain whether the provisions of the Santa Cruz
Municipal Code or applicable state codes are
being obeyed, and to make any examinations,
inspections and surveys as may be necessary in
the performance of their enforcement duties.

These may include the taking of photographs,
samples or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an
owner, occupant or agent refuses permission to
enter or inspect, the enforcement official may
seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.
(Ord. 2000-17 § 2 (part), 2000).

4.02.050 POWER TO ARREST.

City enforcement officials are authorized to
arrest without a warrant any person whenever
the enforcement official has reasonable cause
to believe that the person has committed a violation of the municipal code or applicable state codes in his or her presence. Pursuant to Penal
Code Section 836.5 the enforcement official
can only arrest a person by issuing a misdemeanor field citation or by effecting a citizen’s arrest with the assistance of a peace officer.
(Ord. 2000-17 § 2 (part), 2000).

4.02.060 ADOPTION OF THE

INTERNATIONAL

PROPERTY MAINTENANCE
CODE.

Subject to the modifications and deletions
set forth in Section 4.02.070, the following
document is hereby adopted:

The International Property Maintenance
Code, 2015 Edition, except as modified herein
(hereafter IPMC).
(Ord. 2017-10 § 1, 2017).

4.02.070 IPMC – DELETIONS AND
MODIFICATIONS.

The following sections of the IPMC as
adopted in Section 4.02.060 are hereby modified as follows:

Amend Section 101.1:
101.1 Title. These regulations shall be known as
the International Property Maintenance Code of
the City of Santa Cruz, hereinafter referred to as
“this code”.

Amend Section 102.7.2:
102.7.2 Provisions in referenced codes and
standards. Where the extent of the reference to
a referenced code or standard includes subject
matter that is within the scope of this code, the
most current code or standard shall take precedence.

Amend Section 103.5:
103.5 Fees. The fees for activities and services
performed by the department in carrying out its
responsibilities under this code shall be as indicated under SCMC Title 4.

Delete Section 111 in its entirety and replace
with:

Section 111 – APPEALS
111.1 Application for appeal. Any person directly
affected by a decision of the code official or a
notice or order issued under this code shall have
the right to appeal as prescribed in Chapter 4.20.
111.2 Stays of enforcement. Appeals of notice
and orders, other than Imminent Danger and
Condemnation notices shall stay the enforcement of the notice and order until the appeal is heard.

Amend Section 112.4:
112.4 Failure to comply. Any person who shall
continue any work after having been served with
a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as
prescribed in SCMC Title 4.

20.24 4.02.090
4-6.1 (Supp. No. 38 – 6/21/2018)
Amend Section 302.4:
302.4 Weeds. Premises and exterior property
shall be maintained free from weeds or plant
growth in excess of eighteen inches or as limited
by ordinance.

Amend Section 303.2:
303.2 Enclosures. Private swimming pools, hot
tubs and spas, containing water more than 24
inches (610mm) in depth shall comply with Santa
Cruz Municipal Code Chapter 18.32.

Amend Section 304.14:
304.14 Insect screens. Every door, window and
other outside opening required for ventilation of
habitable rooms, food preparation areas, food
service areas or any areas where products to be
included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used
for insect control shall have a self-closing device
in good working condition.

Delete Section 307 in its entirety and replace
with:
307.1 General. Handrails and guardrails shall
comply with the California Building Standards
Code.

Amend Section 505.4:
505.4 A gas-burning water heater shall not be
located in any bathroom, toilet room, bedroom or
other occupied room normally kept closed,
unless it is in a closet complying with California
Plumbing Code Section 505.

Amend Section 602.3:
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or
more dwelling units or sleeping units on terms,
either expressed or implied, to furnish heat to the
occupants thereof shall supply heat to maintain a
minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Amend Section 602.4:
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C)
during the period the spaces are occupied.

Throughout the International Property Maintenance Code, replace the term “International” with “California,” except for the use of the term
“International Property Maintenance Code.”
(Ord. 2017-10 §§ 2, 3, 2017).

4.02.080 ENTERING OR OCCUPYING
CONDEMNED PROPERTY. It is unlawful for any person to enter or occupy any property, or portion of a property,
that has been condemned by the city pursuant
to Section 108 of the IPMC, adopted by the city
in this chapter. Further, it is unlawful for any
person to remove, deface, or otherwise alter or
move a placard indicating that a property, or
portion of a property has been condemned, that
the city has posted to announce such condemnation in conformity with IPMC Section 108. (Ord. 2018-01 § 1 (part), 2018).

4.02.090 VIOLATION OF CODE.

It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this
chapter, or to violate any provision or fail to
comply with any of the requirements of this
chapter or for any property owner or occupant
to maintain or use property in the city in a manner that constitutes a public nuisance. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor except when the violation of a provision of this code is specifically declared to
be an infraction. Notwithstanding any other
provision of this code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney, be charged and
prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this code shall continue shall

20.25 4.03.010
(Supp. No. 38 – 6/21/2018) 4-6.2
constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such
violation and punished accordingly. Abatement
of a public nuisance may be accomplished by
any of the methods described in this title,
including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation,
recordation of the notice of violation and withholding of future municipal permits. (Ord. 2018-01 § 1 (part), 2018).

Chapter 4.03
NOTICE
Sections:

4.03.010 Service of notices.

4.03.020 Proof of service of notices.

4.03.030 Constructive notice of recorded
documents.

4.03.010 SERVICE OF NOTICES.
(1) Whenever a notice is required to be
given under the Santa Cruz Municipal Code for
enforcement purposes, the notice shall be
served by any of the following methods unless
different provisions are otherwise specifically
stated to apply:
(a) Personal service; or
(b) Regular mail; or
(c) Certified mail, postage prepaid, return
receipt requested. Simultaneously, the same
notice may be sent by regular mail. If a notice
that is sent by certified mail is returned
unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not
returned.
(d) Posting the notice conspicuously on or in
front of the property. The form of the posted
notice shall be approved by the city manager.
(2) Service by certified or regular mail in the
manner described above shall be effective on
the date of mailing.
(3) The failure of any person with an interest
in the property to receive any notice served in
accordance with this section shall not affect the
validity of any proceedings taken under this
code.
(4) The notice requirements in this section
do not apply to initial notices of violation
which may be sent by regular mail. Service of a
notice of violation by regular mail is effective
on the date of mailing.
(Ord. 2000-17 § 2 (part), 2000).

4.03.020 PROOF OF SERVICE OF
NOTICES.

Proof of service of notice may be made by
the certificate of any officer or employee of this
city or by affidavit of any person over the age
of eighteen years. The proof of service shall
show that service was done in conformity with
this code or other provisions of law applicable
to the subject matter concerned.
(Ord. 2000-17 § 2 (part), 2000).

4.03.030 CONSTRUCTIVE NOTICE

OF RECORDED
DOCUMENTS.

Whenever a document is recorded with the
County Recorder as authorized or required by
the Santa Cruz Municipal Code or applicable
state codes, recordation shall provide constructive notice of the information contained in the recorded documents.
(Ord. 2000-17 § 2 (part), 2000).

20.26 4.04.020
4-7 (Supp. No. 25 – 10/7/2010)
Chapter 4.04

JUDICIAL REMEDIES
Sections:

4.04.010 Judicial remedies.

4.04.015 Failure to appear or post bail.

4.04.020 Civil violations – Injunctions
and civil penalties.

4.04.030 Code enforcement
performance bond.

4.04.040 Judicial abatement.

4.04.050 Treble damages for subsequent
abatement judgments.

4.04.010 JUDICIAL REMEDIES.
(1) It shall be unlawful for any person to
violate any provision or to fail to comply with
any of the requirements of the Santa Cruz
Municipal Code.
(2) Except as elsewhere stated in this code,
a violation of any of the provisions or failure to
comply with any of the mandatory requirements of this code shall constitute an infraction. (3) Notwithstanding any other provision of
this code, any violation of this code which constitutes a misdemeanor under this code may, in the discretion of the city attorney, be charged
and prosecuted as an infraction.
(4) Where, on three occasions during any
six-month period, a person fails to appear in
court in connection with a citation issued for a
criminal violation of any provision of this code
or to post bail in connection with that citation,
the city attorney may thereafter in the exercise
of his or her discretion, for a period of one year
following the last such failure to appear or post
bail, prosecute any subsequent violations of
this code by that person as misdemeanors.
(5) Any person convicted of a misdemeanor
under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail
for a period of not more than six months or by
both fine and imprisonment.
(6) Any person convicted of an infraction
under the provisions of this code, unless provision is otherwise herein made, shall be punishable by fine only as follows: upon a first conviction, by a fine not exceeding one hundred dollars; for a second conviction within a period of one year, by a fine not exceeding two
hundred dollars; for each additional violation
of the same ordinance within a period of one
year, by a fine not exceeding five hundred dollars.
(7) Each such person shall be charged with a
separate offense for each and every day during
any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. (Ord. 2010-14 § 1, 2010: Ord. 2000-17 § 2
(part), 2000).

4.04.015 FAILURE TO APPEAR OR
POST BAIL.
(a) Any person who, on three occasions during any given six-month period, fails to appear in court in connection with a citation issued for
a criminal violation of any provision of this
code or to post bail in connection with that citation shall be guilty of a misdemeanor. (b) Pursuant to and in accordance with the
mandatory provisions of California Penal Code
Section 853.8 or, alternatively, the mandatory
provisions of California Penal Code Section
1427, whenever a person fails to appear in court
or to post bail in connection with a citation
issued for a criminal violation of any provision
of this code three times within a given sixmonth period, upon the third such failure to appear or post bail it is the intent of the city
council that a warrant for the arrest of that person shall be issued. (Ord. 2009-05 § 1, 2009).

4.04.020 CIVIL VIOLATIONS –

INJUNCTIONS AND CIVIL
PENALTIES.
(1) In addition to any other remedy provided
by this code, any provision of this code may be

20.27 4.04.030
(Supp. No. 25 – 10/7/2010) 4-8
enforced by injunction issued by the Superior
Court upon a suit brought by the city of Santa
Cruz.
(2) As part of a civil action filed to enforce
provisions of this code, a court may assess a
maximum civil penalty of two thousand five
hundred dollars per violation of the municipal
code for each day during which any person
commits, continues, allows or maintains a violation of any provision of this code. (Ord. 2000-17 § 2 (part), 2000).

4.04.030 CODE ENFORCEMENT
PERFORMANCE BOND.

As part of any enforcement action taken by
the city, the city has the authority to require a
responsible person to post a performance bond
to ensure compliance with the Santa Cruz
Municipal Code, applicable state codes or any
judicial action.
(Ord. 2000-17 § 2 (part), 2000).

4.04.040 JUDICIAL ABATEMENT.

Pursuant to California Penal Code Section
372, and California Code of Civil Procedure
Section 731 the city has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions.
(Ord. 2000-17 § 2 (part), 2000).

4.04.050 TREBLE DAMAGES FOR

SUBSEQUENT ABATEMENT
JUDGMENTS.

Pursuant to California Government Code
Section 38773.7, upon the entry of a second or
subsequent civil or criminal judgment within a
two-year period that finds an owner of property
responsible for a condition that may be abated
in accordance with California Government
Code Section 38773.5, a court may order the
owner to pay treble the costs of the abatement.

These costs shall not include conditions abated
pursuant to Section 17980 of the California
Health and Safety Code.
(Ord. 2000-17 § 2 (part), 2000).

Chapter 4.06

ADMINISTRATIVE REMEDIES
Sections:

4.06.010 Administrative remedies.

4.06.020 Declaration of purpose.

4.06.030 Authority.

4.06.010 ADMINISTRATIVE
REMEDIES.

Chapters 4.06 through 4.26 establish
optional administrative enforcement remedies
available to the city for violations of the municipal code and applicable state codes. The general remedies include mediation, facilitation, issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement. Chapters 4.20 and

4.22 govern the procedures for appeals and
hearings relating to these administrative remedies.
(Ord. 2000-17 § 2 (part), 2000).

4.06.020 DECLARATION OF
PURPOSE.

The city council finds that there is a need for
a variety of administrative remedies that do not
require the city to file court actions to initiate
enforcement of violations of the Santa Cruz
Municipal Code and applicable state codes.

The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be
pursued to address municipal code and applicable state code violations. (Ord. 2000-17 § 2 (part), 2000).

4.06.030 AUTHORITY.

Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the Santa Cruz Municipal Code or applicable state code exists,
the city may pursue any of the administrative

20.28 4.08.020
4-8.1 (Supp. No. 25 – 10/7/2010)
remedies outlined in Chapters 4.06 through

4.26 of this code.
(Ord. 2000-17 § 2 (part), 2000).

Chapter 4.08

MEDIATION AND FACILITATION
Sections:

4.08.010 Declaration of purpose.

4.08.020 Definitions.

4.08.030 Procedures.

4.08.040 Confidentiality.

4.08.050 Enforcement.

4.08.010 DECLARATION OF
PURPOSE.

The city council finds there is a need for
mediation and other forms of alternative dispute resolution as a means to gain compliance with provisions of the Santa Cruz Municipal
Code and applicable state codes. The council
further declares that public policy facilitation
can be an effective technique to avoid disputes
by developing consensus amongst stakeholders
on controversial issues. Both mediation and
facilitation can often resolve disputes in a more
efficient, effective and constructive manner
without the necessity of more formal administrative action or litigation. The council further finds that mediation and facilitation can foster
better relations among and with the citizenry of
Santa Cruz and enhance the reputation of the
city.
(Ord. 2000-17 § 2 (part), 2000).

4.08.020 DEFINITIONS.

For purposes of this chapter, the following
definitions shall apply:
(1) “Enforcement case” means any complaint or case on file with the city that involves alleged violations of the Santa Cruz

20.29 THIS PAGE INTENTIONALLY LEFT BLANK
(Supp. No. 25 – 10/7/2010) 4-8.2

20.30 20.31

20.32 20.33

20.34 20.35

20.36 20.37

20.38 20.39

20.40 20.41

20.42 4.22.040
4-21 (Supp. No. 23 – 10/22/2009)
(Ord. 2000-17 § 2 (part), 2000).

Chapter 4.22

ADMINISTRATIVE ENFORCEMENT

HEARING PROCEDURES
Sections:

4.22.010 Administrative enforcement
hearing procedures.

4.22.020 Declaration of purpose.

4.22.030 Procedures for notification of
enforcement hearing.

4.22.040 Qualifications of enforcement
hearing officer.

4.22.050 Selection of enforcement
hearing officer.

4.22.060 Disqualification of
enforcement hearing officer.

4.22.070 Powers of enforcement hearing
officer.

4.22.080 Procedures at administrative
enforcement hearing.

4.22.090 Failure to obey subpoena.

4.22.100 Failure to attend administrative
enforcement hearing.

4.22.110 Administrative enforcement
order.

4.22.120 Judicial review.

4.22.130 Failure to comply with
administrative enforcement
order.

4.22.010 ADMINISTRATIVE

ENFORCEMENT HEARING
PROCEDURES.

This chapter establishes the procedures for
conducting administrative enforcement hearings.
(Ord. 2000-17 § 2 (part), 2000).

4.22.020 DECLARATION OF
PURPOSE.
(1) The city council finds that there is a need
to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Santa Cruz Municipal Code. It is the purpose and intent of the city council to afford
due process of law to any person who is directly
affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a
forum to efficiently, expeditiously and fairly
resolve issues raised in any administrative
enforcement action.
(2) The city manager is authorized to
develop policies and procedures relating to the
qualifications, appointment and compensation
of hearing officers, hearing officer powers,
hearing procedures, scope of the hearing, subpoena powers and other matters relating to administrative enforcement hearings.
(Ord. 2000-17 § 2 (part), 2000).

4.22.030 PROCEDURES FOR

NOTIFICATION OF
ENFORCEMENT HEARING.
(1) Where an administrative enforcement
remedy or proceeding authorized by this title
provides for an enforcement hearing, the
enforcement official may request a hearing
officer to schedule a day, time and place for the
hearing.
(2) Written notice of the time and place of
the hearing shall be served at least ten calendar
days prior to the date of the hearing to the
responsible person or property owner.
(3) The format and contents of the hearing
notice shall be in accordance with rules and
policies promulgated by the city manager.
(4) The notice of hearing shall be served by
any of the methods of service listed in Chapter

4.03. (Ord. 2000-17 § 2 (part), 2000).

4.22.040 QUALIFICATIONS OF

ENFORCEMENT HEARING
OFFICER.

The city manager shall promulgate rules and
procedures as are necessary to establish a pool
of qualified persons who are capable of acting
on behalf of the city as hearing officers.
(Ord. 2000-17 § 2 (part), 2000).

20.43 4.22.050
(Supp. No. 23 – 10/22/2009) 4-22

4.22.050 SELECTION OF

ENFORCEMENT HEARING
OFFICER.

Enforcement hearing officers presiding at
administrative enforcement hearings shall be
selected on the basis of availability and compensated by the city manager. The city manager shall develop policies and procedures relating
to the employment and compensation of
enforcement hearing officers.
(Ord. 2000-17 § 2 (part), 2000).

4.22.060 DISQUALIFICATION OF

ENFORCEMENT HEARING
OFFICER.

Any person designated to serve as an
enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a
judge may be disqualified in a court of law.
(Ord. 2000-17 § 2 (part), 2000).

4.22.070 POWERS OF

ENFORCEMENT HEARING
OFFICER.
(1) The enforcement hearing officer may
continue a hearing based on good cause shown
by one of the parties to the hearing or if the
hearing officer independently determines that
due process has not been adequately afforded.
(2) The enforcement hearing officer, at the
request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary
by the enforcement hearing officer to decide
the issues at the hearing. All costs related to the
subpoena, including witness and mileage fees
shall be borne by the party requesting the subpoena. The city manager shall develop policies and procedures relating to the issuance of subpoenas in administrative enforcement hearings, including the form of the subpoena and related
costs.
(3) The enforcement hearing officer shall
retain jurisdiction over the subject matter of an
administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing. (4) The enforcement hearing officer has the
authority to require a responsible person to post
a code enforcement performance bond to
ensure compliance with an administrative
enforcement order. Procedures for the use of a
code enforcement performance bond shall be
promulgated by the city manager.
(Ord. 2000-17 § 2 (part), 2000).

4.22.080 PROCEDURES AT

ADMINISTRATIVE
ENFORCEMENT HEARING.
(1) Administrative enforcement hearings
are intended to be informal in nature. Formal
rules of evidence and discovery do not apply.

The procedure and format of the administrative
hearing shall be promulgated by the city manager.
(2) The city bears the burden of proof at an
administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Santa Cruz Municipal Code or applicable state code, or to establish
the existence of a public nuisance.
(3) The standard of proof to be used by the
enforcement hearing officer in deciding the
issues at an administrative hearing is a preponderance of the evidence standard. (4) Each party shall have the opportunity to
cross-examine witnesses and present evidence
in support of his or her case.
(Ord. 2000-17 § 2 (part), 2000).

4.22.090 FAILURE TO OBEY
SUBPOENA.

It is unlawful for any person to refuse to obey
a subpoena issued by an enforcement hearing
officer. Failure to obey a subpoena constitutes
contempt and may be prosecuted as an infraction or a misdemeanor. (Ord. 2000-17 § 2 (part), 2000).

20.44 4.24.010
4-23 (Supp. No. 38 – 6/21/2018)

4.22.100 FAILURE TO ATTEND

ADMINISTRATIVE
ENFORCEMENT HEARING.

Any party whose property or actions are the
subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an
adjudication of the issues related to the hearing,
provided that proper notice of the hearing has
been provided.
(Ord. 2000-17 § 2 (part), 2000).

4.22.110 ADMINISTRATIVE
ENFORCEMENT ORDER.
(1) The decision of the enforcement hearing
officer shall be entitled “Administrative
Enforcement Order” and shall be issued in
accordance with the rules and procedures promulgated by the city manager. (2) The administrative enforcement order
shall be served on all parties by any one of the
methods listed in Chapter 4.03 of the Santa
Cruz Municipal Code.
(3) The administrative enforcement order
shall become final on the date of service of the
order.
(Ord. 2000-17 § 2 (part), 2000).

4.22.120 JUDICIAL REVIEW.

Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this chapter, the time in which judicial review of the order must be sought shall be
governed by California Code of Civil Procedure Section 1094.6 except as provided in Section 24.04.190 of this code or as otherwise specifically provided elsewhere in this code.
(Ord. 2000-17 § 2 (part), 2000).

4.22.130 FAILURE TO COMPLY

WITH ADMINISTRATIVE
ENFORCEMENT ORDER.

It is unlawful for a party to an administrative
enforcement hearing who has been served with
a copy of the final administrative enforcement
order pursuant to Section 4.22.110 of the Santa
Cruz Municipal Code to fail to comply with the
order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.
(Ord. 2000-17 § 2 (part), 2000).

Chapter 4.24

RECOVERY OF CIVIL PENALTIES,

ADMINISTRATIVE COSTS AND

ABATEMENT COSTS
Sections:

4.24.010 Declaration of purpose.

4.24.020 Procedures for recovering
costs.

4.24.030 Recovery of civil penalties.

4.24.040 Authority to impose lien/
special assessment.

4.24.050 Recovery as a lien on property.

4.24.060 Recovery of costs by special
assessment.

4.24.070 Repayment to code
enforcement civil penalties
fund.

4.24.080 Satisfaction of lien/special
assessment.

4.24.010 DECLARATION OF
PURPOSE.

The city council finds that, in addition to the
filing of civil collection actions by the city
attorney, the use of nuisance abatement liens
collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of
civil penalties, abatement costs, administrative
costs, reinspection fees and late fees assessed
pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city
council further finds that collection of civil
penalties, costs and fees assessed for code
enforcement violations is important in
deterring future violations and maintaining the
integrity of the city’s code enforcement system.

The city has the authority to make the expense

20.45 4.24.020
(Supp. No. 38 – 6/21/2018) 4-24
of enforcement actions and abatement of any
nuisance a lien against the property on which it
is maintained and a personal obligation against
the property owner, in accordance with California Government Code Section 38773.1; or, in the alternative, the city has the authority to
make the cost of abatement of a nuisance upon
a parcel of land a special assessment against
that parcel, in accordance with California Government Code Section 38773.5. The procedures established in this chapter shall be used to complement existing administrative or judicial
remedies which may be pursued to address violations of the Santa Cruz Municipal Code or applicable state codes.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.24.020 PROCEDURES FOR
RECOVERING COSTS.

This chapter governs the procedures for
recovery of all administrative and actual costs
incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of
enforcing nuisance abatement liens pursuant to
the procedures and authority found in the California Government Code. The provisions of Government Code Sections 38771 through
38773.5 and any amendments to those sections
are hereby incorporated by reference and made
a part of this chapter.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.24.030 RECOVERY OF CIVIL
PENALTIES.

The enforcement official may collect all civil
penalties and related administrative costs by
the use of all appropriate legal means, including referral to the finance director or city attorney. (Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.24.040 AUTHORITY TO IMPOSE

LIEN/SPECIAL
ASSESSMENT.

Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ
of mandate, this obligation may constitute a
lien or, in the alternative, a special assessment
against the real property on which the violation
occurred.
(Ord. 2018-01 § 2 (part), 2018).

4.24.050 RECOVERY AS A LIEN ON
PROPERTY.
(1) In addition to constituting a personal
financial obligation of the person or persons
responsible therefor, any nuisance abatement
charge, administrative penalty, administrative
cost, or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real
property.
(2) Upon determination by the city manager
or his designee that the nuisance abatement
charge, administrative penalty, administrative
cost, or other debt imposed by the city has not
been satisfied in full within ninety days of the
date it was imposed, the city manager or his
designee shall recommend that the city council
adopt a resolution confirming imposition of the
debt and approving the filing of a lien against
the subject real property. Before taking these
actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/
debt is disposed of by a court of law.
(3) The resolution shall state the amounts
due and owing, the name of the agency imposing the lien (city of Santa Cruz), the date of the order or other notice describing the property
violation or nuisance in question, the street
address and assessor’s parcel number of the
subject property, and the name and address of
the recorded owner of the property.

20.46 4.24.060
4-25 (Supp. No. 38 – 6/21/2018)
(4) A copy of the resolution shall be served
on the property owner, along with notice to the
property owner that a lien in the amounts stated
in the resolution will be filed against the subject
property in the Santa Cruz County recorder’s
office.
(5) The notice set forth in subsection (4)
shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure Section 415.10 et seq.

If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place
upon the property for a period of ten days and
publication thereof in a newspaper of general
circulation published in Santa Cruz County.
(6) Following proper notice to the owner of
record as provided in subsection (5), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the
provisions of Code of Civil Procedure Section
697.340 and may be extended as provided in
Code of Civil Procedure Sections 683.110 to
683.220, inclusive.
(7) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of
the lien until satisfied pursuant to law.
(8) A lien pursuant to this section may be
foreclosed by an action brought by the city for
a money judgment.
(Ord. 2018-01 § 2 (part), 2018).

4.24.060 RECOVERY OF COSTS BY
SPECIAL ASSESSMENT.
(1) As an alternative to the procedure above
in this chapter, there is hereby established a
procedure for making any nuisance abatement
charge, administrative penalty, administrative
cost or other debt imposed by the city in connection with real property a special assessment against the subject real property.
(2) Upon determination by the city manager
or his designee that the nuisance abatement
charge, administrative penalty, administrative
cost, or other debt incurred by the city has not
been satisfied in full within ninety days of the
date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment
against the subject real property. Before taking
these actions, however, the city manager or his
designee shall wait until any timely filed writ of
mandate challenging the penalty/cost/charge/
debt is disposed of by a court of law.
(3) The resolution shall state the amounts
due and owing, the name of the agency imposing the special assessment (city of Santa Cruz), the date of the order or other notice describing
the property violation or nuisance in question,
the street address and assessor’s parcel number
of the subject property, and the name and
address of the recorded owner of the property.
(4) A copy of the resolution shall be served
on the property owner, along with notice that
the property may be sold after five years by the
tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be
served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of
general circulation published in Santa Cruz
County. The tax collector’s power of sale shall
not be affected by the failure of the property
owner to receive notice.
(5) The assessment may be collected at the
same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real
property to which the assessment relates has
been transferred or conveyed to a bona fide

20.47 4.24.070
(Supp. No. 38 – 6/21/2018) 4-26
purchaser for value, or if a lien of a bona fide
encumbrance for value has been created and
attaches thereon, prior to the date on which the
first installment of the taxes would become
delinquent, then the assessment shall not result
in a lien against the real property but instead
shall be transferred to the unsecured roll for
collection.
(6) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of
the lien until satisfied pursuant to law.
(7) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential
developed property for which the payment of
the assessment is delinquent.
(8) The resolution adopted by the city council under this section shall be entitled to recordation. (Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.24.070 REPAYMENT TO CODE

ENFORCEMENT CIVIL
PENALTIES FUND.

All monies recovered by payment of the
charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in Chapter 4.28, or alternatively use the monies to reimburse the
department responsible for the subject code
enforcement action where appropriate.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.24.080 SATISFACTION OF LIEN/
SPECIAL ASSESSMENT.

Once payment in full is received by the city
for the outstanding debt, the finance director or
his designee shall:
(1) With respect to a lien, either record a
notice of satisfaction or provide the property
owner or financial institution with a notice of
satisfaction so they may record this notice with
the county recorder. Such notice of satisfaction
shall cancel the city’s lien; and
(2) With respect to a special assessment,
provide written notice to the tax collector that
the special assessment amount has been paid in
full and should no longer be imposed against
the subject property. Such written notice shall
cancel the city’s special assessment.
(Ord. 2018-01 § 2 (part), 2018).

Chapter 4.25
ATTORNEYS’ FEES AND COSTS
Sections:

4.25.010 Declaration of purpose.

4.25.020 Recovery of costs.

4.25.010 DECLARATION OF
PURPOSE.

The city council hereby finds that there is a
need to recover costs and fees incurred by the
city to abate public nuisances. The city council
further finds that the recovery of attorneys’ fees
in nuisance abatement actions and proceedings
will further the strong public policy of encouraging the abatement of public nuisances in the city, will facilitate the city’s efforts to maintain
effective and efficient nuisance abatement programs within the city and will, accordingly, serve as an effective deterrent to the maintenance of public nuisances. (Ord. 2004-28 § 1 (part), 2004).

4.25.020 RECOVERY OF COSTS.

Pursuant to California Government Code
Section 38773.5, or its successor statutes, in
any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the
action or proceeding to seek recovery of its
attorneys’ fees, the prevailing party shall be
entitled to recover the amount of its reasonable
attorneys’ fees incurred in the action or proceeding.
(Ord. 2004-28 § 1 (part), 2004).

20.48 4.26.050
4-27 (Supp. No. 38 – 6/21/2018)
Chapter 4.26

CODE COMPLIANCE COST

RECOVERY
Sections:

4.26.010 Code compliance costs.

4.26.020 Declaration of purpose.

4.26.030 Authorization.

4.26.040 Assessment of code
compliance costs.

4.26.050 Notice of assessment of code
compliance costs.

4.26.060 Failure to pay code compliance
costs.

4.26.070 Collection of code compliance
costs.

4.26.080 Payment to code enforcement
civil penalties and cost
recovery fund.

4.26.010 CODE COMPLIANCE
COSTS.

This chapter governs the general procedures
for recovering code compliance costs incurred
by the city unless other provisions of this code
establish another specific procedure for a particular type of code compliance cost recovery. (Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.020 DECLARATION OF
PURPOSE.

The city council finds there is a need to
recover costs, including legal cost, incurred by
enforcement officials and other city personnel,
who spend considerable time and resources in
an effort to ensure that compliance with the
Santa Cruz Municipal Code or applicable state
codes has been obtained.
(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.030 AUTHORIZATION.

Whenever an enforcement official determines a property to be in violation of provisions of the Santa Cruz Municipal Code or applicable state codes and those violations have
been listed in a notice of violation, the enforcement official shall assess code compliance costs against the responsible person or property
owner.
(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.040 ASSESSMENT OF CODE
COMPLIANCE COSTS.

A code compliance cost fee schedule shall be
established and revised as necessary by the city
council to reflect current actual costs. The fee
schedule shall be filed in, and available for public review at, the city clerk’s office. (Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.050 NOTICE OF ASSESSMENT

OF CODE COMPLIANCE
COSTS.
(1) Where the assessment of code compliance costs is authorized under this chapter, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The
written notice shall contain the following information:
(a) An itemized list of the amounts charged;
(b) The corresponding dates when code
compliance costs were incurred;
(c) A deadline by which the costs must be
paid; and
(d) Notice that additional fees may be
charged for late payment.
(2) Service of notice of the code compliance
cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Chapter 4.03.
(3) Code compliance costs may be assessed
as part of any judicial or administrative
enforcement action as provided for in this chapter.
(4) The failure of any responsible person or
property owner to receive notice of the code
compliance cost assessment shall not affect the

20.49 4.26.060
(Supp. No. 38 – 6/21/2018) 4-28
validity of any costs imposed under this chapter.
(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.060 FAILURE TO PAY CODE
COMPLIANCE COSTS.

The failure of any person to pay code compliance cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The
amount of the late fee shall be established by
the city council.
(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.070 COLLECTION OF CODE
COMPLIANCE COSTS.

The enforcement official shall collect the
assessed code compliance costs and late fees by
the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by
lien or special assessment pursuant to Chapter

4.24. (Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.26.080 PAYMENT TO CODE

ENFORCEMENT CIVIL

PENALTIES AND COST
RECOVERY FUND.

All code compliance costs and late fees
recovered shall be remitted to the city finance
director who shall credit the appropriate
amount to the code enforcement civil penalties
fund provided for in Chapter 4.28, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.
(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

Chapter 4.28

CODE ENFORCEMENT CIVIL

PENALTIES AND COST

RECOVERY FUND
Sections:

4.28.010 Declaration of purpose.

4.28.020 Establishment of code
enforcement civil penalties and
cost recovery fund.

4.28.030 Use of funds.

4.28.010 DECLARATION OF
PURPOSE.

The city council finds that there is a need to
create and maintain a funding source for the
administration and operation of code enforcement activities in the city. In order to effectively administer such activities as nuisance abatement, inspections and reinspections,
imposition of liens and special assessments on
real property, administrative hearings related
thereto, departmental code enforcement cost
reimbursement, and other activities to enhance
and improve code enforcement for the public
safety and welfare, the establishment of a code
enforcement civil penalties and cost recovery
fund is essential.
(Ord. 2018-01 § 4 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

4.28.020 ESTABLISHMENT OF CODE

ENFORCEMENT CIVIL

PENALTIES AND COST
RECOVERY FUND.

There shall be established a code enforcement civil penalties and cost recovery fund which shall be administered by the finance
director and shall consist of all monies collected by the imposition of fines, civil penalties, nuisance abatement recovery monies and all other costs and reimbursements recovered
by code enforcement actions.
(Ord. 2018-01 § 4 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

20.50 4.30.020
4-29 (Supp. No. 38 – 6/21/2018)

4.28.030 USE OF FUNDS.

All funds collected from code enforcement
actions shall be deposited into a separate fund
and used for the supplemental financing of
code enforcement programs or, where appropriate, to reimburse the department responsible for the subject code enforcement action.
(Ord. 2018-01 § 4 (part), 2018: Ord. 2000-17
§ 2 (part), 2000).

Chapter 4.30

PRIVATE NUISANCE ABATEMENT
Sections:

4.30.010 Private nuisance.

4.30.020 Private nuisance abatement.

4.30.010 PRIVATE NUISANCE.

No person on private property shall engage
in any activity or create any condition which
unreasonably disturbs, or would tend to unreasonably disturb, a person of reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or
unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this
chapter, an unreasonably disturbing activity or
condition shall include the emission of harsh,
prolonged or unusual lighting from privately
owned property, the emission of unreasonably
loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property.
(Ord. 2006-20 § 1 (part), 2006).

4.30.020 PRIVATE NUISANCE
ABATEMENT.
(a) Subject to the requirement of subsection
(b), any person who is unreasonably disturbed,
or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in Section 4.30.010 may bring a private nuisance cause of action for damages and/or injunctive
relief to abate that private nuisance.
(b) Any person who intends to institute a
private nuisance lawsuit pursuant to subsection
(a) shall first attempt to informally resolve the
dispute with the person or persons allegedly
responsible for the nuisance including, if
agreed to by the person allegedly responsible
for the nuisance, submitting the dispute to
mediation. If mediation is not successful or if
the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (a)
may be initiated.
(Ord. 2006-20 § 1 (part), 2006).

20.51 THIS PAGE INTENTIONALLY LEFT BLANK
(Supp. No. 38 – 6/21/2018) 4-30

20.52 Category 3 or 4 Housing or Zoning Complaints
Complaint
Received
Open and
Assign Code
Case Category 1 or 2
Life Safety Hazards or Stopwork Orders Complaints Category 5 Zoning Complaints Non-Life Safety/Hazards Related (Gas Leaf Blower) Inspect with 24 - 48 hours Affidavit Returned? Post Stopwork/Notice of Violation or Order to Vacate/Dangerous Building Cost Recovery Invoice Send Courtesy Notice
Inspect within 20 days
Closed Code Case
Compliance?
Issue Notice of Violation
Initiate administrative remedies, including but not limited to, citations, cost recovery from the property owner and legal action.

Send Courtesy Notice and Affidavit Violation?
Compliance & Cost Recovery Paid? Cost Recovery Invoice Compliance & Cost Recovery Paid? Post Courtesy Notice and Affidavit on site within 30 days Received Affidavit Returned within 10 days of posting? Violation? No Compliance? Yes No No No Yes
Yes
Yes Yes
Yes
No No
Yes
No
No
Yes

20.53 Summary of Public Engagement Activities
Public Engagement
Activity
Date Notes Number of
recipients/participants/
responses
City engaged with
community groups to
discuss health and
emissions concerns
2021 multiple meetings
unknown
City staff met with SC
County staff to discuss
ordinance development
and alignment
December 2023 &
February 2024
multiple meetings NA
City staff met with
equity consultants
Jan-2024 Staff discussed ordinance
messaging and outreach to
LatinX communities.

NA
Staff met with multiple
City and County
departments to discuss
gas-leaf blowers use,
needs, and potential
exemptions
Jan-2024 multiple meetings NA
HiAP Committee
Engagement Update +
Feedback
2/20/2024 Staff provided an update on
the City’s public
engagement process and
materials.

NA
Draft Ordinance
Feedback Survey
3/01/2024-
3/24/2024
Survey closed on
03/24/2024.

English: 404
Spanish: 16
Total: 420
Draft ordinance made
available for public
review
3/1/2024 Staff published the draft
ordinance on the City’s
Decarbonization webpage
for public review.

NA
City social media posts 3/1/2024 multiple postings NA
Information flyer
emailed to City's CORE
contact list
3/1/2024 Email provided flyer, as well
as details about the March
14, 2024 virtual community
meeting and how to provide
feedback on the draft
ordinance.
14 individuals representing
community-based
organizations located
throughout Santa Cruz County.

Information Flyer
emailed to Climate
Action Task Force
(CATF)
3/1/2024 Staff emailed information
flyer to CATF members to
distribute and promote
awareness of the draft
ordinance.
10 Community members, 1
Council Member + Mayor
City Decarbonization
Webpage updated
https://www.cityofsantac
ruz.com/Home/Compon
ents/Topic/Topic/11316/
3916
3/1/2024 Webpage updated to include
background information,
draft ordinance, frequently
asked questions, and details
about how to provide
feedback.

NA
Announcement + flyer
included in the CORE
Newsletter
March 2024 Announcement about the
draft ordinance was included
in the CORE March
Newsletter.

Distribution unknown

20.54 Summary of Public Engagement Activities
Public Engagement
Activity
Date Notes Number of
recipients/participants/
responses
Information flyer
distributed to local
hardware, gardening,
and tools businesses in
Aptos, Capitola, and
Santa Cruz
3/5/2024 Staff provided information
flyers to local businesses to
post at their discretion.
14 Information flyer mailed
to landscaping
businesses
3/1/2024 Staff mailed information
flyer to landscaping
businesses that are registered
with the City of Santa Cruz.
90 Information flyer
emailed to City of Santa
Cruz large property
owners
3/01/2024 Email provided flyer, as well
as details about the March
14, 2024 virtual community
meeting and how to provide
feedback on the draft
ordinance.
109
Announcement posted in
the City Manager’s
Weekly Newsletter
3/5/2024 &
3/19/2024
03/05/24 post promoted the
virtual community meeting
on 03/14/24.
03/19/2024 post promoted
upcoming 04/02/2024 HiAP
Committee meeting.

Approximately 2,000
subscribers
Draft Ordinance virtual
community meeting
3/14/2024 Meeting was conducted in
English with live
interpretation in Spanish.
10 Santa Cruz Sentinel
article
3/19/2024 Article included details
about the draft ordinance,
feedback survey and
upcoming 04/02/2024 HiAP
Committee meeting.

NA
Information flyer
emailed to Green
Schools Committee
members and School
District staff
3/7/2024 Email provided flyer, as well
as details about the March
14, 2024 virtual community
meeting and how to provide
feedback on the draft
ordinance.
16 School District staff,
students and community
members
Beach Flats
neighborhood outreach
3/09/2024-
3/11/2024
City staff surveyed Beach
Flats residents. $10 stipends
were provided to survey
participants.
15 HiAP Committee draft
ordinance review
4/2/2024 NA NA
City of Santa Cruz Earth
Day
4/20/24 NA NA

20.55 FREQUENTLY ASKED QUESTIONS (last updated May 17, 2024) Gas-Powered Leaf Blowers Prohibition Ordinance
What is happening?
The City of Santa Cruz is in the process of considering and potentially adopting a citywide ordinance that would prohibit the use of gas-powered leaf blowers citywide with some limited exemptions.

Will all leaf blowers be prohibited?
No, the ordinance only applies to gas-powered leaf blowers. Electric and batterypowered leaf blowers can still be used within city limits.

Will there be any exemptions?
Yes, there are three exemptions.
1) Gas-powered leaf blowers can be used in the maintenance of parcels of 10 acres or more.
2) Gas-powered leaf blowers can be used in the maintenance of DeLaveaga Park, Depot Park, Harvey West Park, Neary Lagoon, San Lorenzo Park, Rail Trail, University Terrace Park, Riverwalk, city medians, and West Cliff. 3) Gas-powered leaf blowers can be used by or at the direction of emergency responders when responding to an emergency.

Why is the City of Santa Cruz regulating the use of leaf blowers? The City is taking proactive steps to address environmental concerns and public health impacts associated with gas-powered leaf blowers. The decision aligns with the City’s Health in All Policies
(https://www.cityofsantacruz.com/home/showpublisheddocument/94838/638276873610 070000) initiative and Climate Action Plan 2030
(https://www.cityofsantacruz.com/home/showpublisheddocument/90696/637983259409 670000), together aiming to decrease local greenhouse gas emissions and improve air quality. Prohibiting the use of gas-powered leaf blowers will help the City meet the local and state targets of reducing greenhouse gas emissions to 40% of 1990 levels by 2030.

How does prohibiting the use of gas-powered leaf blowers help the environment?
Prohibiting the use of gas-powered leaf blowers is expected to lead to a reduction in greenhouse gas emissions and air pollution, contributing to improved air quality and mitigating climate change impacts. Electric and battery-powered alternatives generally produce lower noise levels, further reducing noise pollution in the city.

What if I currently own a gas-powered leaf blower?
Rebate and trade-in programs are available to help residents and businesses switch to electric or battery-powered leaf blowers. These programs and incentives are frequently changing and updated. Please visit the Monterey Bay Air Resources District Rebate (https://www.mbard.org/leep). Program for information on current rebates available to

20.56 residents and businesses located in Santa Cruz County. You can also check the availability of state incentives at the California Clean Off-Road Equipment voucher incentive project website (https://californiacore.org/).

Where can I dispose of gas-powered leaf blowers that are no longer operable or are subject to compliance?
You can recycle your gas-powered leaf blowers at the City of Santa Cruz Resource Recycling Facility (https://www.cityofsantacruz.com/government/citydepartments/public-works/resource-recovery-garbage-recycling-sweeping/landfillresource-recovery-facility). Items must be empty of all fuels and fuels should be taken to the Household Hazardous Waste facility to be disposed of (https://www.cityofsantacruz.com/government/city-departments/public-works/resourcerecovery-garbage-recycling-sweeping/hazardous-waste).

Where can I buy an electric or battery-powered leaf blower? You can buy electric leaf blowers at most home-improvement and landscaping stores.

How expensive are electric leaf blowers?
Electric leaf blowers are available at a wide range of prices. Depending on your personal needs, prices can range from as low as $80.00 for personal use equipment to upwards of $2,000.00 for commercial use equipment.

When will the ordinance go into effect?
If the ordinance is adopted, it will go into effect on January 1, 2025.

How do I report a violation?
Suspected violations will be reported to the City’s Planning and Community Development Department by calling 831-420-5111or online through the department’s Community Request Services Portal (https://crsp.santacruzca.gov/).

How will this ordinance be enforced?
When a complaint is received, a written courtesy notice will be mailed to the property owner with details about the alleged violation, potential future penalties, and incentive programs. Additionally, the property owner will be required to sign and return an affidavit included with the written courtesy notice confirming they are aware of the ordinance and potential penalties. Subsequent violations at the same location would be punishable by any provision in Santa Cruz Municipal Code Title 4 including criminal prosecution and escalating fines according to the schedule below:
 $100 for the second violation.
 $200 for the third violation.
 $500 for the fourth violation and any subsequent violations.

How can I learn more about the ordinance?

20.57 You can learn more about the ordinance on the City’s Decarbonization (https://www.cityofsantacruz.com/Home/Components/Topic/Topic/11316/3916) webpage which contains the full text of the ordinance, and other informative materials such as presentations from the community engagement process.

How can I share my feedback about the ordinance?
The first hearing for the proposed ordinance is on the agenda for the June 11, 2024 City Council meeting which will be held in Council Chambers located at 809 Center Street Santa Cruz, Ca. 95060. Interested parties can provide their feedback when the City Council discusses the ordinance.

20.58 From: Garrett
To: City Council
Subject: Agenda Item # 20 Gas powered Leaf Blower ban
Date: Thursday, June 6, 2024 7:41:05 PM
Agenda Item # 20 Gas powered Leaf Blower ban
Dear Council,
I am in favor of the gas powered Leaf Blower ban, mostly because my neighbor for as long as I can remember has employed his minions of landscapers to blow leaves fallen from his enormous Oak trees and others promptly at 8pm every single Monday of my life it sure seems like. REAL NOISY.

What I don't quite understand, but am not surprised, and perhaps you can comment on this, I'm not holding my breath, is the enormous hypocrisy that the city is exempting itself from this ordinance for large park spaces. Every argument you pose as a reason for this is a reason NOT to exempt yourselves. "It's good to be king. " Real nice flow chart of complaint process (I'm not surprised , HAHA.) I am shocked and amazed the people of color who operate and depend on these tools for their livelihood are suddenly left holding the bag (oh, maybe not, see below) . I note the climate change hoopla ranks above senior landscaper in this decision making. Hopefully they can adjust. If not, Oh well. Give us a hint on the penalties please for non-compliance.

Please note: "1. It is prohibited for any property owner to authorize the operation of a gas-powered leaf blower at any time for any purpose on the property they own. 2.

The property owner shall be the party responsible for any violations of this chapter that occur on their property."
I don't suppose the operator (senior landscaper) of this gas powered blower has any penalty? I mean, ya know. Really? Rational thought in short supply? HaHa. Suppose the property owner doesn't authorize use? How do you define authorize? Because they hired someone to clean up the property??
Oh well, what does anyone ever expect from these proceedings.

Garrett Philipp

20.59 1
Lindsay Nelson
From: Judi Grunstra <[email protected]>
Sent: Sunday, June 9, 2024 10:56 AM
To: City Council
Subject: Agenda Item 20_Gas powered leaf blowers
Dear Mayor and Council:

I am in favor of prohibiting use of gas-powered leaf blowers in the city. However, if this obnoxious equipment indeed has numerous negative impacts on the environment as stated, why is the City exempting itself from the use in our major parks and other open spaces? Why can't the city also migrate to electric-powered leaf blowers? There should be language that states the intention to do so within X number of years (3?).

Thank you.

Judi Grunstra

20.60 2
Lindsay Nelson
From: Jean Brocklebank <[email protected]>
Sent: Sunday, June 9, 2024 7:53 PM
To: City Council
Subject: Agenda item 20 Prohibit use of gas-powered leaf blowers Dear Councilmembers ~
I wholeheartedly support the proposed City ordinance. We live on 7th Avenue and have walked to downtown (banking, groceries, restaurants, library, post office, etc.) at least twice each week for 20+ years, walking through the Seabright neighborhood. In the spring, summer and fall months, there are leaf blowers being used. Not only is the noise troublesome, the grit pollutes the air more than the two stroke fumes. We often see the blowers used to just move the grit from one home to the street or worse, the sidewalk.

Please pass this ordinance at its first reading.

Thank you,
Jean Brocklebank

20. First Reading of An Ordinance to Add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide (CM)

20.61 3
Lindsay Nelson
From: Pam <[email protected]>
Sent: Sunday, June 9, 2024 8:20 PM
To: City Council
Subject: Agenda item 20 - prohibit (gas) leaf blowers
Dear Councilmembers,
I support this ordinance for all leaf blowers, starting with gas. They are noisy and toxic to the environment for people and animals.

The facts are now known that a gas leaf blower in particular is disruptive and noxious to a neighborhood:
"Research has shown these machines emit 23 times more carbon monoxide and nearly 300 times more non-methane hydrocarbons一toxic chemicals that contribute to ozone pollution一than a 2011 Ford F-150 SVT Raptor"
Please pass this ordinance at the first reading.
-Pam North

20.62 4
Lindsay Nelson
From: Brooke Elliott <[email protected]>
Sent: Sunday, June 9, 2024 9:02 PM
To: City Council
Subject: Item 20 LeafBlowers
Please pass the gas leaf blower ban for all residential and commerical. There is no reason where a gas blower must be used to complete the job. There are very good electric blowers and for those that need extended time, buy extra batteries. There is no justifiable reason to continue to allow the chemical and noise pollution.

The gas exhaust that is released not only damages our environment, but for anyone living nearby, this exhaust enters our yards and homes. I live next to a large church and the landscape maintenance crews use gas blowers. I've watched them walk around aimlessly blowing a handful of leaves that could have been picked up in 10 seconds, and I've watched them blow at an immovable pile of mud for 10 minutes or more. They seemed to lack a shovel. I think they are just filling time for a contract job, unnecessarily using the blower. An electric blower would not only reduce the noise assault and the pollution, but it will limit them from wasting time, because the battery will wear out. And this goes for regular residents too.

Time to get rid of these obnoxious machines. I don't believe that funds should be provided to replace the machines with battery powered. We don't have extra funds. Commercial operators can pass down their costs to consumers. Residents need to suck it up and buy a battery charged unit. They're not THAT expensive.

Thank you, Brooke Elliott
Santa Cruz City resident

20.63 1
Lindsay Nelson
From: John Warshaw 831.425.5816 <[email protected]> Sent: Monday, June 10, 2024 9:49 AM
To: Manu Koenig; Santa Cruz C.H.A.S.E.

Cc: Board Of Supervisors; City Council; [email protected] Subject: Leaf Blowers ruining the quiet and enjoyment
Hello Manu,
I know I've been a pain about this, but the 2 stoke leaf blowers are ruining any quite and enjoyment of living in Santa Cruz.

I have been dealing with this for years now. Downtown, where I used to live, landscapers with 2 stroke leaf blowers would show EVERY day for different properties around mine.

The Noise, The Dust, The Smoke would enter my office window while I worked. I could not enjoy fresh air. I could not enjoy hearing birds. I could not have a simple conversation with someone else! I had to close my window and not have the pleasure of fresh air into my workspace.

Now, at my new place on Chanticleer, the same thing is occurring. I have to shut my windows to avoid this intrusive, useless activity.

I think I have 2 choices: Either move from Santa Cruz (my home of over 60 years) or take everyone to court and file for injunction over noise and pollution. We let a Judge decide what is more beneficial. I am a grown man and do not wish to tattle and ask an authority to step in. A judge can change the law from the bench. I certainly am hopeful it does not come to this, however I am not joking one bit. I would include the County into the injunction for their use of leaf blowers running on 2 stroke fuel as well.

I would advise the County and City to take this quite seriously for the well being of people that live here for their health alone.

Please create a law banning 2 stroke leaf blowers from Santa Cruz County, or I will pursue that change with Superior Court.

I will find support for my cause, those supporters will show up and be deposed and brought as witnesses. There is a lot of people, like myself that want this done. Santa Cruz is not a polluted Pit, this county is one of the most sought after and desired communities because we do not allow it to be trashed.

Please take my comments under consideration and proceed with the Ban on Gas Leaf Blowers.

John Warshaw

20.64 2
Lindsay Nelson
From: Doug Engfer <[email protected]>
Sent: Monday, June 10, 2024 11:28 AM
To: City Council
Cc: Robin Engfer
Subject: [Council Item 20, 11 June 2024] Support for ban on gas-powered leaf blowers Mayor Keeley and Members of Council -
My wife, Robin, and I write today to express our support for the proposed ban on gas-powered leaf blowers within the City of Santa Cruz, effective 1 Jan 2025. We support the (roughly) six-month delay in implementation, allowing ample time for folks to migrate; we hope that implementation is not delayed beyond 1 January. We would suggest that there be a clear statement of direction for the prohibition to apply to the designated parks and open spaces (6.110.050 “Exemptions”). Perhaps such a statement of direction could identify key functional characteristics that non-gas-powered equipment must deliver in order to trigger the sunset of that prohibition? People with more familiarity with the needs and technologies would have to help craft such a statement of direction.

We thank Council for taking up this matter; it’s an important piece of the puzzle to reduce greenhouse gas emissions and to enhance the opportunities for citizens to quietly enjoy their homes.

Best,
Doug & Robin Engfer
Santa Cruz

20.65 3
Lindsay Nelson
From: Matthew Weisner <[email protected]>
Sent: Monday, June 10, 2024 11:42 AM
To: City Council
Subject: Proposed Ordinance Re: Prohibiting Gas Powered Leaf Blowers Dear Councilmembers,
I am a Santa Cruz City resident and voter writing to express my support for the Ordinance to Add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide.

I urge you to enact this ordinance without carvouts to ensure such exceptions do not swallow the rule. Exempting larger housing developments, trailer parks, and other facilities will defeat the purpose of the ordinance which is important for reducing air and noise pollution as well as protecting the health of our families. It is time to advance the transition to electric powered alternatives to mitigate these harms, especially given that improved affordability and technology has made electric blowers as effective or better than gas blowers according to Consumer Reports.

Instead of carve outs, I support the Council's efforts to pursue funding opportunities to provide financial assistance to City residents and small businesses to ease the transition to electric-powered leaf blowers and allow a reasonable transition period of up to a year to enable residents and small businesses to prepare for this change.

Thank you for your kind consideration and vote to advance this proposal.

Matt Weisner

20.66 4
Lindsay Nelson
From: Karin Grobe <[email protected]>
Sent: Monday, June 10, 2024 12:31 PM
To: City Council
Cc: [email protected]
Subject: Please pass the ban on gas-powered leaf blowers They are noisy and polluƟng!
Karin Grobe
Sent from my iPad

20.67 5
Lindsay Nelson
From: Brett Garrett <[email protected]>
Sent: Monday, June 10, 2024 12:37 PM
To: City Council
Subject: Support item 20: Ban Gas-powered Leaf Blowers
Dear City Council members,
Gas-powered leaf blowers disturb the peace, stir up dust, and create toxic fumes that are especially dangerous for the underpaid workers who use the leaf blowers.

I appreciate and strongly support your efforts to prohibit these monstrosities.

Thank you,
Brett Garrett
190 Walnut Ave Unit 301
Santa Cruz, CA 95060

20.68 6
Lindsay Nelson
From: Pauline Seales <[email protected]>
Sent: Monday, June 10, 2024 12:55 PM
To: City Council; Tiffany Wise-West; SC CAN discussion
Subject: Gas Blower Ordinance
Council Members
I'm writing to express the strong support for the Gas Blower ordinance. Reducing the use of these fossil fuel using devices will help reduce our greenhouse gas emissions. But in addition they are a noisy smelly public nuisance and health hazard for the workers who use them.

On behalf of Santa Cruz Climate Action Network (1900 members) Pauline Seales

20.69 7
Lindsay Nelson
From: Anita Grunwald <[email protected]>
Sent: Monday, June 10, 2024 1:05 PM
To: City Council
Cc: [email protected]
Subject: Please pass the ban on gas-powered leaf blowers Hello , I am a homeowner in Seabright in a very "leafy" neighborhood. I support eliminaƟng gas powered blowers and I think the more people we can put to work with rakes the beƩer.

Signed, Anita’s thumbs

20.70 8
Lindsay Nelson
From: carol wilhelmy <[email protected]>
Sent: Monday, June 10, 2024 1:12 PM
To: City Council
Subject: please ban the use of gas powered leaf blowers Dear Mayor Keeley, Vice Mayor Golder, and Councilmembers Brown, Brunner, Kalantari-Johnson, Newsome, and Watkins, Thank you to Councilmember Kalantari-Johnson for sponsoring the gas leaf blower ordinance. Thanks also to the Health in All Policies Committee for their work on this.

It is important for every resident and worker in the City of Santa Cruz to enjoy good health and a good quality of life. To be equitable, the ordinance must be exemption-free and protect the health of all, including pets and wildlife.

I look forward to the day when I can work in my garden and walk around town without choking on toxic fumes. I look forward to being able to experience tranquility inside my home without having to wear noise cancelling headphones. I wish that would happen before the end of 2024. How about October?
I will celebrate the day when landscape workers can make a better living by saving money on fuel & maintenance costs and eliminating their exposure to carcinogenic substances such as
benzene, 1,3-butadiene, formaldehyde, and acetaldehyde.

I am certain that city workers will welcome the day as well.

Sincerely,
Carol Wilhelmy
Santa Cruz resident in District 6

20.71 9
Lindsay Nelson
From: Manny Gabet <[email protected]>
Sent: Monday, June 10, 2024 1:32 PM
To: City Council
Subject: gasoline powered leaf blower ban
Dear City Council,
I was unable to join the meeting today, but I wanted to add my voice in support of the gasoline-powered leaf blower ban. Our landscaper uses battery-powered leaf blowers and has never had any problem completing his work. Both of our neighbors use gas-powered blowers and the noise is overwhelming and disruptive.
--
Cheers
Manny
******************************************************************************** Dr. Manny Gabet
Professor & Graduate Program Coordinator
Dept. of Geology
San Jose State University
1 Washington Square
San Jose, CA 95192
408-924-5035
https://sites.google.com/sjsu.edu/mannygabet
"If you are coming upstream from yellow flat plains, as Captain Lewis and Captain Clark had been for over a year, you can observe even at a great distance how there is something about mountains that hates to be plains."
- Norman Maclean, "Young Men and Fire"

20.72 10
Lindsay Nelson
From: Val Cole <[email protected]>
Sent: Monday, June 10, 2024 2:15 PM
To: City Council
Cc: Tiffany Wise-West
Subject: In Support of Gas-Powered Leaf Blower Ban
Esteemed Mayor and City Council,
I would like to extend my full-throated support for the proposed Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide.
2-Stroke leaf blowers are one of the dirtiest yard tools, and also an excessive source of noise throughout the city. I would hope that eventually this ban might be extended to lawn-mowers, chain saws and other gas-powered devices with practical, affordable, and effective clean electric alternatives. That said, this is a great start! And, I believe directing staff to pursue funding opportunities to provide financial assistance to City residents and small businesses to transition to electric-powered leaf blowers is a just and equitable way to implement the ban.

Thank you for all you do,
Val Cole
Westside Resident
Member of the Mayor’s Climate Action Task Force

20.73 1
Lindsay Nelson
From: Michael Hall <[email protected]>
Sent: Monday, June 10, 2024 2:42 PM
To: City Council
Cc: C.H.A.S.E. Santa Cruz
Subject: Please pass the ban on gas-powered leaf blowers Hello Santa Cruz City Council members,
The City Council of Portland, Oregon recently unanimously passed an ordinance that bans the use of gas leaf blowers citywide. We are hopeful that Santa Cruz can join the national movement to eliminate these terrible devices. They are harmful to workers, to the neighborhoods where they are used, and to our environment. The use of gas leaf blowers is a contributor to the existential crisis of climate change in which we find our world today.

Thank you for your support of the elimination of gas leaf blowers in Santa Cruz Michael Hall, co-chair
Quiet Clean Alliance https://quietcleanalliance.org/
Quiet Clean PDX https://www.quietcleanpdx.org/

20.74 1
Lindsay Nelson
From: Tina D'Angelo <[email protected]>
Sent: Monday, June 10, 2024 4:05 PM
To: City Council
Subject: Please pass the ban on noisy and unpredictable gas-powered leaf blowers - Dear Council:

Please please ban the GAS powered, noisy leaf lowers! I used to live in Los Gatos when they enacted this ban. Despite initial pushback (there is always initial fear and pushback), the quality of life improved incredibly! No one complained! It was also seamless! Our world was quieter, people can work from home without unpredictable noise and pollution, babies can nap, we can actually use our back yards for social events or relaxing.... Gas powered leaf blowers make us unable to use our back yards or plan any event because they are so unpredictable and noisy, not to mention the pollution!
It’s not just one gas powered leaf blower - we are surrounded my perhaps ten homes so every given day there are multiple blowers, some twice a week. Please join all the other cities and ban this nuisance!
Some people try to say it’s not fair to gardeners, but keep in mind these gardeners wear earplugs and know when they are going to blow and stop blowing. They also are also not always sensitive about the noise and dust. And they should not be allowed to pollute our environment when other options are available! They used to use rakes! They can pass any cost ($100 for an electric one) on to those who hire them. It’s called progress! Some may say this ban benefits only those gardeners who can afford to switch their gas powered leaf blower to an electric one, but keep in mind that those who could afford a gas powered leaf blower dont care about the economic advantages they have over the little guy who only has a rake. Also if our cars must pass stringent pollution standards, why wouldn’t leafblowers?
The leaf blowers are out of control and affecting our quality of life and world. That’s why this issue is before you.

Some who object might live in a remote area without leaf blowers running all around them.

But Santa Cruz has many high density areas and neighborhoods where this is a huge issue.

Thank you,
Tina Dangelo
100 Jocelyn Ct

20.75 2
Sent from my iPhone

20.76 3
Lindsay Nelson
From: Tina D'Angelo <[email protected]>
Sent: Monday, June 10, 2024 4:11 PM
To: City Council
Subject: Leafblowers - Exemptions
Please do not blankedly exempt
HOAs and properƟes with over ten acres. HOAs is higher density where the bans are needed the most!!! Rinconada Hills (100 acres) and many HOAs in Los Gatos have over ten acres, but they are subject to the ban and managing great! The high density homes need this ban the most because there end up being so many blowers around you cannot enjoy being outside and even inside at Ɵmes!
It’s very doable with electric blowers. HOA residents need you to protect their quiet enjoyment.

Also if you do exempt larger properƟes, make sure the acreage or size is based on “USABLE” land. If an HOA has ten acres but 9 are hillside and not landscaped or used, there should be no excuse for an exempƟon and reason to sidestep the ban.

Ɵna d’angelo
Sent from my iPhone

20.77 4
Lindsay Nelson
From: Sheila Namir <[email protected]>
Sent: Monday, June 10, 2024 4:44 PM
To: City Council
Subject: Garden gas blowers
These are not only noisy, but also leave messes where the leaves are blown Bad for people, bad for the environment. Please outlaw.

Sheila Namir

20.78 5
Lindsay Nelson
From: David Bezanson <[email protected]>
Sent: Monday, June 10, 2024 4:51 PM
To: City Council
Subject: City Council meeting 11 June
Hi Councilmembers,
Please vote in favor of the proposed ordinance to curtail the use of combustion leaf blowers in Santa Cruz.

Please trash the weasel clause that allows combustion blowers to be used on parcels of ten or more acres.

There is no scientific justification for such. Electric blowers with a backpack battery can operate for several hours between charging. I have spoken to many folks about such an ordinance, and all favor it.

Benefits to all residents and visitors include:
avoidance of over one dozen toxic air contaminants spewed by combustion blowers, including CO, CO2, benzene, NOx, and particulate matter
avoidance of higher decibel levels than electric equipment more quiet enjoyment of one's yard and premises and higher productivity when performing work at home increase travel and tourism revenue, which is used in part to improve living conditions in SC increase in property values and tax revenue
lower stress levels
attenuation of the rate of increase of climate change
Thanks for your consideration. "Health in all policies".

David Bezanson, Ph.D.

Santa Cruz Co. voter

20.79 6
Lindsay Nelson
From: Pete Christensen <[email protected]>
Sent: Monday, June 10, 2024 4:57 PM
To: City Council
Subject: In support of the City's proposed Ordinance to phase out gas-powered leaf blowers Greetings Santa Cruz City Councilmembers,
I am writing in support of your proposed City Ordinance that would phase out gas-powered leaf blowers here in Santa Cruz, and to encourage you to make sure that the proposed exception provision only applies to parcels above 40 acres and none any smaller. As an organization that has been working on reducing air pollution and greenhouse gases in Santa Cruz County (as well as Santa Clara, Monterey, San Benito, and San Mateo Counties) for over 30 years, we feel that this Ordinance will have a significant positive and beneficial impact.

Please feel free to contact me if you have any questions. Thank you.

Best regards,
Pete
Pete Christensen
Co-Director
Silicon Valley Clean Cities Coalition
of the Bay Area, Golden Gate, and Central Coast

1469 Park Avenue, San Jose, CA 95126
Phone: (408) 448-6356 | Web: www.lungsrus.org
Breathe California is dedicated to fighting lung disease, advocating for clean air, and promoting public health for all its communities.

20.80 Tiffany Wise-West, Sustainability and Resiliency Officer [email protected] Berny Lazareno, Management Analyst
[email protected]

First Reading of Proposed
Ordinance Prohibiting
Gas-Powered Leaf Blowers
City Council Meeting
June 11, 2024

20.81 1 Background
2 Impacts of Gas-Powered Leaf Blowers
3 Agenda
4 Proposed Ordinance
5 Community Engagement
Next Steps

20.82 2021
City met with community
groups over health + emissions
concerns
2022
City Council adopted Climate
Action Plan 2030 (CAP 2030)
2023
City Manager directed staff to
begin ordinance development
2024
City Council transfers work
GLBs ordinance to HiAP City
Council Committee
Background

20.83 CAP 2030
State and local target to reduce greenhouse gas
emissions (GHG) to 40% of 1990 levels by 2030.
• Action T6.5 specifies passing a ban on gas-powered
small off-road engines, including GLBs, by 2024.
• Action T6.1 commits the City to exploring ways to
mitigate the equity impacts of electrifying small offroad engines • Action T6.3 commits the City to pursuing and
accessing funding to decarbonize small off-road
engines

20.84 CAP 2030
• Off-road equipment
emissions = 7% of
total needed
emissions reductions
to meet 2030 target.
• Staff estimate GLBs
account for
approximately 1% of
total needed
emissions
reductions.

20.85 Regulatory Environment
•California AB 1346 prohibits the sale of new
GLBs as of 1/1/2024.
•County of Santa Cruz will hear Ordinance to
regulate GLBs countywide on 6/25/2024.
•More than 50 municipalities in California
have passed ordinances that regulate the
use of GLBs.

20.86 Environmental & Public Health Impacts of GLBs
• contribute to smog and air pollution through the release of carbon dioxide, hydrocarbons, and fine particulate matter that harm the environment (CARB, 2000).
• exposure can lead to respiratory issues, cardiovascular diseases, cancer, asthma, hearing loss, vertigo and other health issues (Dutzik et al, 2023; Walker et al 2017).
• exceed urban ambient noise levels, leading to noise pollution that negatively affects both people and wildlife in the surrounding areas (Dutzik et al, 2023).

20.87 Environmental & Public Health Impacts of GLBs
^gas

20.88 Alternatives Comparison
GLBs ELBs
Environmental
Impact
• Emit pollutants (carbon
monoxide, nitrogen oxides,
hydrocarbons).
• Contribute to air and noise
pollution.
• Significantly louder (80-100dB)
• Depend on fossil fuels,
increasing carbon footprint.
• Zero emissions at the point
of use.
• Reduced noise levels (60-
80dB).
• Can be powered by
renewable energy.

Performance • More powerful.
• Better for heavy-duty, largescale tasks.
• Longer continuous run times
without recharging.
• Fast refueling process.
• Suitable for light to moderate
tasks.
• Battery life can be limited at
higher power (20-40mins).
• Battery charging can take
hours.
• Technology is rapidly
improving.

Cost • Lower upfront cost.
• Fuel expenses ongoing.
• More frequent maintenance.
• Potentially higher upfront
cost + additional batteries.
• Savings over time on fuel and
less frequent maintenance.
• Rakes
• Brooms
• Electric Leaf Blowers (ELBs)
- Price range $100 - $2,000+

20.89 ELB Alternative
Financial
Incentives &
Recycling
Monterey Bay Air Resources District Landscape
Equipment Exchange Program (LEEP)
• rebates up to 80% of the retail price for zeroemission landscaping equipment, • residents eligible for up to $2,000 per item and
commercial operators up to $15,000.

Santa Cruz Resources Recovery Facility
• Accepts and disposes of old landscaping
equipment, including GLBs.
• Exploring facility as an approved drop off site
for LEEP.

20.90 Community
Engagement
HiAP City Council Committee
• February 20, 2024- HiAP Committee provided direction and input on engagement process. • April 2, 2024- HiAP Committee reviewed draft ordinance, and public feedback and provided recommendations for improving the proposed ordinance.

Draft Ordinance Published on Decarbonization Policy Webpage (March 1, 2024) • Ordinance, Frequently Asked Questions, link to rebates, feedback survey, engagement activities • Materials published in Spanish and English
Public Review and Comment Period (March 1 – 24, 2024)
• Online and in-person survey
• Residents and Business Owners
• Beach Flats Residents
• City & County Departments
• City Schools
• Community Based Organizations
• LatinX serving organizations
• Landscapers
• Hardware, tools sales/rental stores
• Large property owners
• Collective of Results and Evidence (CORE) Newsletter
• CM Newsletter
• Informed neighboring cities about GLBs ordinance development Virtual Community Meeting (March 14, 2024)
• Discussed the draft ordinance and responded to questions and feedback 20.91 Key Findings
Public Support
• 76% of the 419 survey respondents support banning GLBs • All 16 Spanish survey responses oppose the ordinance, with some citing concerns about ELB cost and lack of battery charging space.

Concerns
• lower power output and higher upfront costs
Exemptions and Enforcement
• Oppose exemptions for larger properties
• Unclear enforcement details
Recommendations for Implementation
• financial assistance to small businesses,
• comprehensive public education campaign, and
• ample transition period
Public Feedback "Education
is key."
“Make
incentives
available.”
“I fully support
the ordinance.

Way overdue.”

20.92 No gas-powered leaf blowers permitted.

Electric/battery-powered leaf blowers permitted.

Implementation Date
January 1, 2025
Exemptions
• The ordinance does not apply to the maintenance of parcels of ten acres (10) or more. • The ordinance does not apply to the maintenance of DeLaveaga Park, Depot Park, Harvey West Park, Neary Lagoon, San Lorenzo Park, the Rail Trail, University Terrace Park, Riverwalk, and West Cliff. • GLBs may be used by or at the direction of emergency responders in response to an emergency or to protect lives or property from imminent danger.

Enforcement
• Code Compliance Division will enforce regulations
• Potential violations reported via phone or online Community Request for Services Portal (CRSP) • Courtesy notice sent to property owners for first complaint. • Subsequent complaints verified as violations treated as Category 5 offenses with escalating fines and potential criminal prosecution.
• Subsequent violations fine schedule: $100 for second, $200 for third, $500 for fourth and subsequent violations
Responsible Party
Property Owner
Proposed
Ordinance

20.93 Second Reading: If the City Council approves the first reading of the proposed ordinance, the second reading will be on June 25, 2024.

If the ordinance is adopted:
• Develop and Execute Education & Outreach Plan
• Pursue additional funding for incentives
• Prepare internally for January 1, 2025 implementation date • HiAP City Council Committee monitors, receives 1 year evaluation report Jan 2026 • CAP 2030 Implementation 3-year Workplan (2026-2028) will include re-evaluation of exemptions the need for ordinance exemptions
Next Steps

20.94 1. Introduce for publication the proposed ordinance entitled “Prohibition of Gas-Powered Leaf Blowers” to add Chapter 6.110 –

6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code (SCMC) to prohibit the use of gas-powered leaf blowers citywide.

2. Direct staff to pursue funding opportunities to provide financial assistance to City residents and small businesses to transition to ELBs.

3. Reevaluate the ongoing need for exemptions to the ordinance as part of the next Climate Action Plan 2030 Implementation 3-year Workplan (2026-2028).

Staff Recommendations

20.95 Thank you!
Questions?

20.96 City Council

AGENDA REPORT
DATE: 05/23/2024
AGENDA OF: 06/11/2024
DEPARTMENT: Finance
SUBJECT: Fiscal Year 2025 Proposed Budget Adoption (FN) RECOMMENDATION: Motion to:
1) Adopt a resolution adopting the Fiscal Year (FY) 2025 Budget including the Capital Investment Program (CIP), effective July 1, 2024; authorize the City Manager to allocate within the applicable funds the FY 2025 Schedule of Administrative Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorize the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and
2) Accept the Water Commission’s recommendations regarding the Water Department’s FY 2025 Operating and Capital Investment Program (CIP).

BACKGROUND: The City Charter requires the City Manager to annually prepare the proposed budget for the start of the new fiscal year and transmit it to the Council at or before the first Council meeting of June. The FY 2025 Proposed Operating Budget and Capital Investment Program were posted to the City’s website on May 17, 2024. Both documents can be accessed online at www.cityofsantacruz.com, or at the City Clerk’s Office at 809 Center Street, Room 9, and at the Downtown Library. The Final Adopted Budget and CIP will be published online on the City’s Budget webpage, after all the approved changes have been made.

The Water Commission annually reviews the budget for the City of Santa Cruz Water Department and makes recommendations to the City Council. The Commission met on June 3, 2024, at a publicly noticed meeting and performed a detailed review of the Water Department’s budget. Attached are the Commission’s recommendations and details of the Operating and CIP budget.

DISCUSSION: The FY 2025 Proposed Budget was presented to Council on May 28, 2024, with a Citywide budget totaling $431,697,876, including $150,623,782 in the General Fund, and $113,379,497 in the CIP.

The City’s focus for the FY 2025 budget aligns with the new Citywide Strategic Plan 2023-2028 that was adopted by Council on August 8, 2023. The FY 2025 budget is also the first fully post

21.1.1 pandemic budget with no state or federal financial assistance. As the City moves on from the pandemic, a focus has been placed on our downtown and business revitalization plan. The City is actively reinvesting in the downtown area and all business districts. New construction is underway, adding affordable and market rate housing as well as new retail and restaurant spaces.

The City is also focusing on infrastructure while creating a green economy and workforce.

Planning for more parks and open spaces improvements to existing structures is also integral to this focus area.

The City will maintain this focused approach while continuing to address major fiscal concerns.

Rising liability insurance costs, an aging Enterprise Resource Planning (ERP) system that nears end-of-life, and rising employee benefit costs add pressure to the already compacted budget.

Increased demand for City services and the implementation of important Council priorities have strained the City’s fiscal capacity. The City completed a Long-Range Financial Plan (LRFP) to aid in ensuring a sustainable financial outlook. Presented to Council on November 28, 2023, the plan details the General Fund fiscal forecast and suggests budget strategies to address the fiscal gap in future years. The Council Ad Hoc Budget and Revenue Hoc Subcommittee continues to look at and recommend next steps to the Council.

Given these financial circumstances, General Fund departments were directed to maintain a status quo operating budget and absorb any increased operating costs. Consideration was given to contractual services and the impact of inflation costs on those services, and departments were given budget to cover those costs. General Fund departments were not required to absorb increases to salaries from negotiated memorandum of understanding (MOU) increases nor nonoperating expenditures, such as liability insurance and internal cost allocation plan charges.

These were absorbed by the General Fund.

Throughout the budget hearing, the City Manager and Finance Director shared with Council the FY 2025 budget, position requests, budget strategies identified from the LRFP, and the CIP. The proposed budget document, “Personnel Profile” articulates how the position requests will increase operational efficiency and provide departments with improved capacity to implement programs and services.

The Council was presented with a FY 2025 CIP budget proposal, which followed the prior year theme for the General Fund CIP: to pause, prioritize and plan. The General Fund has paused many new funding for projects. Departments were asked to review all active projects and prioritize funded projects and complete these projects before considering new ones. Finally, departments were tasked with determining if current, active projects were moving forward or not. If not moving forward, the funding for these projects was reallocated to projects in immediate need of funding. Although the General Fund provided no new CIP funding to the FY 2024 budget, $25.6M was expended on CIP projects and an additional $15.5M was encumbered.

There is still over $100M in funded projects in the queue to be completed.

The FY 2025 Annual Budget furthers the City in its steps towards meeting its Health in All Policies (HiAP) goals. The ways in which the City’s departments work and endeavor to meet HiAP goals is displayed in the budget document, with accomplishments, goals, performance measures, and workload indicators that are connected to HiAP pillars marked with an icon for equity, public health, and sustainability. This year, City staff took the next step in furthering equity in budgeting by utilizing HiAP goals to inform the CIP prioritization process. The CIP

21.1.2 projects that had a moderate or substantial impact on furthering HiAP goals were given additional points in the scoring process, which made them a larger contender in the event the General Fund can provide additional funding for the CIP.

Finally, attached is a list of minor adjustments and administrative budget corrections (Exhibit A) that were submitted after the proposed budget submission. Edits to the budget book (such as grammar and typos) will be reflected in the published adopted budget book, though they are not outlined here as they are non-substantive in nature.

FISCAL IMPACT: The FY 2025 Adopted Budget includes $434,662,135 of total appropriations. Included in the operating budget is the City’s primary General Fund of $151,420,135 which supports our day-to-day administrative, public safety, planning, development, roads, traffic, parks, and other operations.

Prepared By:

Tracy Cole
Budget Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. EXHIBIT A - SCHEDULE OF ADMINISTRATIVE BUDGET CORRECTIONS.PDF

3. WATER COMMISSION FY 2025 BUDGET RECOMMENDATION LETTER TO CITY COUNCIL.PDF

21.1.3 RESOLUTION NO. NSA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADOPTING A BUDGET FOR FISCAL YEAR 2025
BE IT RESOLVED, by the City Council of the City of Santa Cruz, that the budget of the City of Santa Cruz for Fiscal Year (FY) 2025, including the Capital Investment Program (CIP), as proposed in that certain document entitled “City of Santa Cruz Proposed Annual Budget Fiscal Year 2025,” on file with the City Clerk, is hereby adopted for FY 2025, effective July 1, 2024, with the addenda thereto as determined by the City Council and detailed in the attached Exhibits:

Exhibit A: Schedule of Administrative Budget Corrections BE IT FURTHER RESOLVED that the Finance Director is authorized to create additional appropriations in order to provide for necessary commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments.

PASSED AND ADOPTED this 11th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

21.1.4 Schedule of Budget Changes FY 2025 Proposed to Adopted Revenue
Dept Fund
Add/Reduce
/New Project # Project Name GL Account String Account Description Amount
inc/(dec)
Onetime Annual Justification
101 New c152301 City ERP Replacement 101-00-00-0000-49184 Transfer in from
Information
Technology 711,841 x
Transfer in from ERP project to fund limited term
positions
101 Add 101-00-00-0000-4151X Utility Users Tax 1,700,000 x Increase in expected Utility Users Tax based on
updated analysis
101 Add 101-00-00-0000-41914 Admissions Tax 798,139 x
Increase in expected Admissions Tax based on updated
analysis
PD 211 Reduce 211-20-22-2103-43290 State grants - other (200,000) x grant budgeted twice PW 221 Reduce
m400819-400-
4000-0
West Cliff Dr Multi-Use
Maintenance 221-40-64-9330-43251
State capital grantsTDA (300,000) xFunds for project are coming from Fund 221 fund balance, not a TDA grant
PW 221 Reduce 221-40-62-9370-43167
Federal capital grantsHBRR (10,000,000) xRevenues incorrectly budgeted in FY 2025, rolled over from FY 2024
PW 221 Reduce 221-40-64-4227-43251
State capital grantsTDA funds (42,000) xRevenues incorrectly budgeted in FY 2025, rolled over from FY 2024
PW 221 Reduce 221-40-64-9330-43251
State capital grantsTDA funds (600,000) xRevenues incorrectly budgeted in FY 2025, rolled over from FY 2024
EDH 253 Add
h512503-105-
1020-3015
Downtown Library &
Affordable Housing Project 253-51-81-0000-43110
Federal operating
grants & contributions 1,901,659 x
HUD program adjustments approved at 5/14/24
Council meeting
EDH 253 Add
h511403-105-
1020-3015
Housing Authority HOME
Security Deposit Program 253-51-81-0000-43110
Federal operating
grants & contributions 20,000 x
HUD program adjustments approved at 5/14/24
Council meeting
292 Reduce 292-00-00-0000-46110
Pooled cash and
investment interest (65,402) x
Remove interest revenue from ARPA budget, fund
balance will be depleted
293 Reduce 293-00-00-0000-46110
Pooled cash and
investment interest (184,300) x
Remove interest revenue from CA14 budget, fund
balance will be depleted
PW 311 Add
c409452-926-0-
0 Sidewalk/Access Ramp 311-00-00-0000-49135
From Sidewalk In-Lieu
Fund (90,000) x Funds should not have been budgeted in project PW 311 Add c401805 Swanton Blvd Multi-Use 155,000 x Grant funds not yet budgeted in project WT 711 Add c152301 City ERP Replacement 711-00-00-0000-49184 Transfer in from
Information
Technology 284,329 x
Transfer in from ERP project to fund limited term
positions
CMO 134 Add 134-00-00-0000-49191
Transfer in from
General Fund 10,000 x
Additional General Fund contribution to the Cannabis
Children's Fund
Total (5,900,734)
Proposed General Fund at Budget Hearings 148,210,482
Updated Proposed General Fund 151,420,461
Total GF change 3,209,979
Proposed Total Funds at Budget Hearings 409,318,572
Updated Proposed Total Funds 403,417,838
Total change (5,900,734)

21.1.5 Expenditures
Dept Fund
Add/Reduce
/New/Move Project # Project Name GL Account String Account Description Amount
inc/(dec)
Onetime Annual Justification
EDH 101 Reduce 101-51-80-5401-51111 Regular part time 71,214 x Credit incorrectly budgeted twice for .5 ED Coord I
deletion
FN 101 Add 101-14-11-1241-51XXX Salary and benefits 372,201 x Add Limited Term positions for ERP implementation HR 101 Add 101-12-00-1230-51XXX Salary and benefits 130,000 x Add Limited Term positions for ERP implementation PW 101 Add 101-40-62-4102-51XXX Salary and benefits 209,640 x Add Limited Term positions for ERP implementation EDH 253 Add h512001-100 HOME Admin & Planning 253-51-81-5207-52121 Interfund labor -
charge 59,944 x
Expenditure budget accidentally not added in
Proposed Budget
EDH 253 Add
h512503-100-
2020-357
Downtown Library &
Affordable Housing Project 253-51-81-5201-56960 Loans and grants 1,901,659 x HUD program adjustments approved at 5/14/24
Council meeting
EDH 253 Add
h511403-100-
2020-357
Housing Authority HOME
Security Deposit Program 253-51-81-5201-56960 Loans and grants 20,000 x HUD program adjustments approved at 5/14/24
Council meeting
PL 295 Add 295-00-00-0000-57901 Software 161,600 x
Technology fee surchage revenues were budgeted in
the fund, but not expenditures
341 New c152301 City ERP Replacement 341-00-00-0000-59101 Transfer out to
General Fund 711,841 x
Transfer out to General Fund to fund limited term
positions
341 Add c152301 City ERP Replacement 341-00-00-0000-59112 Transfer out to Water
Fund 284,329 x
Transfer out to Water fund to fund limited term
positions
WT 711 Add c152301 City ERP Replacement 711-70-92-7103-51XXX Salary and benefits 284,329 x Limited Term positions for ERP project WT 711 Add 711-70-XX-XXXX-51199 Salary savings (1,364,923) x Increase Salary savings per dept request WT 711 Reduce
c702402-100-
2020-0
Maintenance Workshop at
BSR 711-70-95-7159-57302 Water systems (150,000) x
Funds moved to the project in a FY 2024
administrative budget adjustment
PW 721 Add 721-40-62-7209-52199
Other professional &
technical services 205,000 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52227
Vehicle fuel island
charges - internal 2,000 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52230
Vehicle pool car
charges - internal 2,000 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52302 Travel and meetings 4,000 x New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52304 Training 5,000 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52960 Advertising 500 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52961
Dues and
memberships 1,500 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-52971
Printing and bindinginternal 2,000 xNew Engineering activity within the Wastewater Enterprise budget
PW 721 Add 721-40-62-7209-52972
Printing and bindingoutside 2,000 xNew Engineering activity within the Wastewater Enterprise budget
PW 721 Add 721-40-62-7209-53101 Postage charges 500 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-53102 Office supplies 2,000 x New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-53105
Small tools and
equipment 300 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-53106 Books and periodicals 500 x New Engineering activity within the Wastewater
Enterprise budget

21.1.6 PW 721 Add 721-40-62-7209-53108
Safety clothing and
equipment 1,500 x
New Engineering activity within the Wastewater
Enterprise budget
Expenditures (continued)
Dept Fund
Add/Reduce
/New/Move Project # Project Name GL Account String Account Description Amount
inc/(dec)
Onetime Annual Justification
PW 721 Add 721-40-62-7209-53109 Copier supplies 500 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-53110 Computer supplies 4,500 x New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-53122 Software licenses 20,000 x New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-54202
Equipment purchases -
non capital 2,500 x
New Engineering activity within the Wastewater
Enterprise budget
PW 721 Add 721-40-62-7209-54203
Computer equipment -
non-capital 2,500 x
New Engineering activity within the Wastewater
Enterprise budget
CMO 101 Add 101-00-00-0000-59191
Transfer out to
Cannabis Children's
Fund 10,000 x
Additional General Fund contribution to the Cannabis
Children's Fund
CC 101 Add 101-01-01-1110-54990
Miscellaneous supplies
and services 25,000 x
Additional tenant legal services budget per City
Council request at May 2024 Budget Hearings
CMO 101 Reduce 101-10-00-2401-52199
Other professional &
technical services (21,375) x
5-year payback for animal shelter contract billing
adjustment
Total 2,964,259
Proposed General Fund at Budget Hearings 150,623,782
Updated Proposed General Fund 151,420,461
Total GF change 796,679
Proposed Total Funds at Budget Hearings 431,697,876
Updated Proposed Total Funds 434,662,135
Total change 2,964,259

21.1.7 CHANGES TO BUDGET NARRATIVE - CORRECTING THE NARRATIVE City Overview
Added new fund Technology Surcharge to Special Revenue Funds lising (page 24) Added new fund Technology Surcharge to Planning Department lising (page 26) Budget Discussion
Updated the City Manager's Message (pages 29 and 31) and the General Fund Financial Outlook (page 32 and 33) to reflect a balanced Adopted budget Updated General Fund Financial Outlook to remove "General Fund Budget Summary" chart since that can be found on the City Manager's Message and add General Fund Reserves chart (page 36) Personnel
Department Summaries
Paragraph added to "Guide to Department Summaries" to explain the types of employee pay that is not included in salary savings (page 100) There was (71,214) mistakenly left in the EDH budget from the deletion of the .5 Economic Development Coordinator I position (page 124) Adjusted FY 2025 Goal in ED&H Dept to remove redundant word (page 121) EDH activity titles changed in the Budget Summary for 1504 and 1505: 1504 now reads "Café Extensions" and 1505 now reads "Kiosks" (page 124) Adjusted FY 2025 Goals in Parks and Rec Dept in response to City Council suggestions at May 2024 Budget Hearing (page 172) Adjusted FY 2025 Goals in Planning Dept in response to City Council suggestions at May 2024 Budget Hearings (page 183) Added FY 2025 Goal in Police Dept in response to City Council suggestion at May 2024 Budget Hearings (page 193) Financial and Budgetary Policies
Changed "Budgetary Policy" FY 2025 rating from yellow to green since the Adopted Budget will be balanced (page 237) Capital Investment Program
Added City ERP Replacement CIP project to CIP section (page 287) Remove $150K of funding in c702402 as this was done with an administrative BA in FY 2024 (page 365) Added West Cliff Reinforced Concrete Pipe Repair project (c402409) to Stormwater CIP (page 347) Appendices
Updated Water debt based on revised amortization schedules (pages 377 and 380) Increase FTE for 2 years due to grant funding received for HRT

21.1.8 21.1.9

21.1.10 21.1.11

21.1.12 21.1.13

21.1.14 Mayor Keeley, Vice Mayor Golder, and Councilmembers June 4, 2024