Agenda packet — Santa Cruz City Council, August 27, 2024 (part 4 of 6)

2. Project Completion Date – The work schedule included in the project application indicates that Phase 2 will take 20 months to complete; however, we can only approve a project up to the approved disaster period of performance (POP). Therefore, the project completion date is September 5, 2025. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension.

3. Project Closeout – Within 120 days of the award period of performance’s expiration, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) – The proposed action is the preferred action under Section 2.3.4, Repairing, Realigning, or Otherwise Modifying Roads, Trails, Utilities, and Rail Lines, of the Region IX 2014 Programmatic Environmental Assessment (PEA) for Recurring Actions in Arizona, California, and Nevada. Extraordinary circumstance viii applies. No further National Environmental Policy Act (NEPA) review is required. A list of Typical Best Management Practices is attached. Addressing the BMPs appropriate for this scope of work is a condition of funding. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.

5. Extraordinary Circumstances – This project approval has requested "extraordinary circumstance" provision pursuant to 44 CFR 20 l .6(a)(3) for the City of Santa Cruz to complete their local hazard mitigation plan. We approve the request for "extraordinary circumstances" to complete the hazard mitigation plan. The hazard mitigation plan must be completed within 12 months of the award date. If the plan is not approved within this timeframe, the project grant will be terminated, and any costs incurred after notice of the grant's termination will not be reimbursed.

6. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions, please contact Aaron Lim, Grants Management Specialist, by email [email protected], or phone (510) 627-7036.

Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9

21.5 Robyn Fennig
July 10, 2024

Page 3 of 3 ends

Enclosures (4):

Obligation Report - Supplement 397
Record of Environmental Consideration (REC)
Typical Best Management Practices
Standard Mitigation Grant (HMGP) Conditions
cc: Melissa Boudrye, Resilience Branch Chief, California Governor’s Office of Emergency Services
Concepcion Chavez, Technical Assistance Division Chief, California Governor’s Office of Emergency Services
Ron Miller, Hazard Mitigation Assistance Division Chief, California Governor’s Office of Emergency Services
Joseph Purvis, Division Chief, California Governor’s Office of Emergency Services Ryan Massello, Hazard Mitigation Quality Assurance Division Chief, California Governor’s Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9

21.6 ORDINANCE NO. 2024-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.12 – COMMUNITY DESIGN RELATED TO COASTAL DEVELOPMENT

PERMIT AND LOCAL COASTAL PROGRAM REQUIREMENTS FOR HISTORIC SITE

VARIATION REQUESTS
WHEREAS, pursuant to authority delegated to the City of Santa Cruz by the California Coastal Commission, the City of Santa Cruz regulates development in the portion of the coastal zone that lies within the City Limits and that is outside of the original jurisdiction of the California Coastal Commission; and
WHEREAS, on September 8, 2020, the Santa Cruz City Council adopted Ordinance 2020- 19 amending Muni Code Chapters 24.08 and 24,12 to amend regulations related to electric vehicle charging stations and historic variations for properties designated as historic resources, and directed City Staff to submit those amendments to the California Coastal Commission for certification; and
WHEREAS, on March 15, 2024, the California Coastal Commission held a public hearing on the amendments to the adopted Local Coastal Program implementing ordinance 2020-19, amending Muni Code Chapters 24.08 and 24.12 related to electric vehicle charging stations and historic variations for properties designated as historic resources, adopted by the City Council and certified the amendments to the Municipal Code with modifications; and WHEREAS, the modifications proposed by the California Coastal Commission to Municipal Code Sections 24.12.445 and 24.12.450 were submitted to the City by correspondence dated March 19, 2024, and
WHEREAS, the proposed amendments will have no effect on the natural environment, as they are purely administrative in content and are categorically exempt from CEQA under section 15061(b)(3), aka the “common sense” exemption, and further, insofar as the proposed changes to the Municipal Code are amendments to the Local Coastal Program Implementation Plan, the application of the proposed amendments in the coastal zone is statutorily exempt from California Environmental Quality Act (“CEQA”) review pursuant to CEQA Guidelines Section 15265 and the California Public Resources Code Section 21089.9.

BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.12.445 – Variations to Regulations for Buildings and Sites on City Historic Building Survey and Contributing Buildings within City Historic Districts of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES

ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING
BUILDINGS WITHIN CITY HISTORIC DISTRICTS.

22.1 ORDINANCE NO. 2024-11
2 Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.

Procedure: To obtain approval of any variation, an historic alteration permit is required and shall be approved in accordance with Sections 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the zoning administrator in accordance with Sections 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450. For development within the coastal zone, a coastal permit may also be required in conformance with 24.08.200 et. seq., and the findings and standards specified in the Historic Alteration Permit shall also serve as coastal permit requirements, in addition to all other applicable LCP provisions. In the event of a conflict between the Historic Alteration Permit requirements and the LCP’s coastal resource protection requirements (including related coastal hazards, sensitive habitat, agriculture, public recreational access, and open space), the coastal permit/LCP’s coastal resource protection requirements shall govern. a. Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, fence heights, slope regulations and yards may be modified to the extent that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.
b. Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within an historic district. This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.

1. Multifamily uses in single-family residential zone district, subject to RL zoning density, lot size and lot width standards.

2. Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within one hundred feet of commercially zoned property except for CN-zoned properties;

3. Expansion of single-family homes in RM and RT zone districts;

4. Expansion of nonconforming structures and uses.

5. Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Plan area and in the Mission Street Design Plan area.

22.2 ORDINANCE NO. 2024-11
3 Section 2. Section 24.12.450 – Findings Required for Approval of Historic Variations of Chapter

24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.450 FINDINGS REQUIRED FOR APPROVAL OF HISTORIC
VARIATIONS.

In addition to historic alteration permit and administrative use permit findings, and Coastal Permit findings for projects within the Coastal Zone, the following findings are also required:

1. For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.

2. For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:
• The maximum allowable lot coverage for structures shall be fifty-five percent; • The floor area for second stories shall not exceed fifty percent of the first-floor area, except in cases where the first floor constitutes forty percent or less lot coverage.

3. For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.

4. For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties.

Section 4. For areas of the City outside the Coastal Zone this ordinance shall take effect and be in force thirty (30) days after final adoption, and for areas of the City located inside the Coastal Zone this ordinance shall take effect and be in force thirty (30) days after final adoption but only following verification by the Executive Director of the California Coastal Commission that the approved ordinance conforms to the modifications requested by the California Coastal Commission.

22.3 ORDINANCE NO. 2024-11
4 PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this ____ day of _______, 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. 2024-11 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

August 21, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 21st day of August, 2024, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

22.5 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 13th day of August, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-11, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—4.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of August, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

22.6 City Council

AGENDA REPORT
DATE: 08/15/2024
AGENDA OF: 08/27/2024
DEPARTMENT: Planning and Community Development/Economic Development and Housing
SUBJECT: 2nd Reading and Final Adoption of Ordinance No. 2024-12 Amending Municipal Code Chapter 24.10 and Sections 24.12.190, 24.12.290, and

24.12.1108 and Adding New Sections 24.10.2342 and 24.12.191 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments (PL/EDH)
RECOMMENDATION: Motion to:
1) Adopt Ordinance No. 2024-12 amending Santa Cruz Municipal Code Chapter 24.10 and Sections 24.12.190, 24.12.290, and 24.12.1108, and adding new Sections 24.10.2342 and

24.12.191 to streamline permitting and establish standards for private property outdoor seating associated with eating and/or drinking establishments.
2) Adopt a resolution authorizing the City Manager to submit the proposed Title 24 amendments to the California Coastal Commission for final certification.

ATTACHMENTS:

1. 2024-12 - PERMITTING FOR PRIVATE PROPERTY OUTDOOR SEATING AREAS (PL).DOCX

2. RESOLUTION.DOCX

3. PROOF OF PUBLICATION AND AFFIDAVIT OF POSTING 2024-12.PDF

23.1 ORDINANCE NO. 2024-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.10 – LAND USE DISTRICTS; SECTION 24.12.190 – OUTDOOR STORAGE, DISPLAY, OR SALE OF MERCHANDISE; SECTION 24.12.290 - VARIATIONS TO REQUIREMENTS; AND SECTION 24.12.1108 - MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES; AND ADDING SECTION

24.12.191 – PRIVATE PROPERTY OUTDOOR SEATING OF THE SANTA CRUZ

MUNICIPAL CODE AND LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN

RELATING TO PRIVATE PROPERTY OUTDOOR SEATING ASSOCIATED WITH

EATING AND/OR DRINKING ESTABLISHMENTS
WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions; and WHEREAS, the City Council voted to extend the expiration date for temporary outdoor expansions in uncodified Ordinance No. 2020-27 on June 2021 via uncodified Ordinance 2021- 14; on November 9, 2021 via uncodified Ordinance No. 2021-21; on October 25, 2022 via uncodified Ordinance 2022-16; and on October 25, 2022, via uncodified Ordinance 2022-16; and WHEREAS, at the October 25, 2022 meeting, the City Council also directed City staff to work with the Outdoor Dining City Council ad-hoc Subcommittee to draft ordinance amendments and procedures to streamline the permanent private outdoor dining permit process, and work with Coastal Commission for approval of permits for private properties within the coastal zone; and WHEREAS, on February 27, 2024, the City Council adopted an uncodified Ordinance 2024-06 further extending uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity until May 31, 2025 on private property; and
WHEREAS, at its June 20, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed addition of Santa Cruz Municipal Code (SCMC) Section 24.12.191 to the Zoning Code and passed a motion that recommended the City Council approve the proposed amendments with additional recommendations to extend the expiration date for temporary outdoor seating area permits, refine a standard related to volume of amplified sound, specify that handwashing stations are required in conjunction with temporary restrooms, and to request the City Council subcommittee contact state representatives to advocate for state building code changes related to outdoor dining areas; and

23.2 ORDINANCE NO. 2024-12
2 WHEREAS, the proposed ordinance provides a streamlined and standardized process for both eating and drinking establishments to create outdoor seating areas where the business establishments are not required to obtain an administrative use permit or design permit if certain standards are met; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code falls within the analyzed development potential in the City of Santa Cruz’s existing 2030 General Plan Environmental Impact Report using the existing zoning and General Plan and, therefore, pursuant to California Code of Regulations, Title 14, section 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review under the CEQA is required; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code ordinance is also categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as there is no possibility that the proposed ordinance will have an effect on the environment.

BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.10.620 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the R-T(C) Subdistrict C – Beach Commercial is hereby amended to read as follows:

24.10.620 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and may also require a design permit per section 24.08.410 and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(a) Acting/art/music/dance studios/schools (610);
(b) Apparel and accessory stores (250);
(c) Community organizations, associations, clubs and meeting halls (570); (d) Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (e) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); (f) Educational facilities (public/private) (510);
(g) General merchandise stores (drug and department stores) (230); (h) Government and public agencies (530);
(i) Home furnishings (270);
(j) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (k) Museum and art galleries (600);
(l) Professional offices associated with a visitor-serving use (400); (m) Repairs, alterations, maintenance services to household items (except boat repair)(340); (n) Specialty retail supply stores (290);
(o) Video rental (360B);

23.3 ORDINANCE NO. 2024-12
3 RESIDENTIAL USES:
(p) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
COMMERCIAL USES:
(q) Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
(r) Churches (500);
(s) Developed parks (710);
(t) Undeveloped parks and open space (700);
(u) Temporary structures and uses;
(v) Sports and recreation facilities, without alcohol sales (720); (w) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing;
(x) Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(a) Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); (b) Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H); (c) Financial, insurance, real estate offices (420);
(d) Fish/seafood wholesale sales (200F);
(e) Medical/health offices (410);
(f) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter

24.12, Part 12 (630);
(g) Personal services (except contractors’ yards and mortuaries) (310); (h) Theaters (620);
RESIDENTIAL USES:

Supportive and transitional housing, subject to the R-T(A) District regulations; COMMERCIAL USES:
(j) Communication and information (550);
(k) Marine facilities and related uses (560E):
(l) Related research facilities (400L);
(m) Related storage and warehousing (330);
(n) Off-site public/private parking facilities, five or more spaces (930); (o) Professional offices (400), except as associated with a visitor-serving use; (p) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(q) Utilities and resources (540).

23.4 ORDINANCE NO. 2024-12
4 Section 2. Section 24.10.625.3 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the R-T(C)/PER: Subdistrict C – Beach Commercial/Performance Overlay Zone is hereby amended to read as follows:

24.10.625.3 USE PERMIT REQUIREMENT

1. The following uses are permitted subject to an Administrative Use Permit, a Design Permit and other requirements of the Municipal Code. The goal is to provide a continuity of activity and interest which will integrate existing commercial uses along Beach Street and the Boardwalk more fully (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes):
a. Retail uses, including stores, shops, specialty shops, and neighborhood convenience retail, excluding department stores or discount malls up to a total of 125,000 square feet for the district (230, 250, 290).
b. Eating establishments, not including drive-up or drive-in services, subject to live entertainment and alcohol regulations of Chapter 24.12 (280). c. Off-site parking with fewer than five spaces (930).
d. Food and beverage stores (except liquor stores) (240). e. Acting/art/music/dance/photography studios/schools (610) if such establishments are in compliance with the Design Guidelines and active people-orient uses are located adjacent to the street.
f. Administrative offices ancillary to a permitted use, if:
• offices in new structures are screened on street frontage by retail/recreational, and/or active people-oriented uses of at least 25 feet in depth, or • offices in existing structures do not create a significant break in pedestrian activity and storefront continuity along the street, and are landscaped according to the Design Guidelines.
g. Indoor recreational uses and sports and health clubs, provided that the storefront adjacent to the street is designed in compliance with the guidelines, and active people oriented uses are located adjacent to the street (720).
h. Temporary structures and uses.
i. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a Special Use Permit, a Design Permit and other requirements of the Municipal Code:
a. Public performance space, art galleries and/or museums which are open to the public (600, 610).

23.5 ORDINANCE NO. 2024-12
5 b. Lodging, hotel development provided it incorporates specialty boutiques and/or restaurant(s) on the ground floor, and does not create a significant break in pedestrian activity and storefront continuity along the street (300). c. Off-site public/private parking facilities, five or more spaces (930), so long as the total width of access to the facility is not more than 50 feet in width on any one street frontage, provided the parking is visually screened and separated from the street, and that access is designed in a manner not to disrupt retail continuity along Beach Street. d. Residential development, located above the first floor of commercial uses, not to exceed 30 dwelling units/acre, if it includes a mixture of unit types (e.g. variety of unit sizes) and if 15% of the total number of units are affordable in accordance with Chapter 24.16 of the zoning regulations.
e. Theater and cinemas; exhibit space and libraries, auditoriums and conference space, providing significant pedestrian activity and storefront continuity is provided along the streets, (550g, 570b, 570c, 600, 620)
f. Live performing arts theaters or nightclub establishments providing live entertainment with stage/performance areas greater than 80 square feet or permitting dancing and establishments serving alcoholic beverages; provided, that the storefront is designed in compliance with design guidelines and to include active people-oriented activities of visual interest to the pedestrian and subject to acoustical studies indicating that such uses can achieve the city’s existing noise standards (630).

Section 3. Section 24.10.730 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-C Community Commercial District is hereby amended to read as follows:

24.10.730 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Community organizations, associations, clubs and meeting halls (570); e. Educational facilities (public/private) (510);
f. Government and public agencies (530);

23.6 ORDINANCE NO. 2024-12
6 g. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; h. Thrift stores (290m);
i. Veterinarians (410A);
COMMERCIAL USES:
j. Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
k. Ambulance services (410B);
l. Auto services and repair subject to performance standards in Section 24.12.900 (350); m. Boat repairs (340D);
n. Building materials/garden supplies (220);
o. Churches (500);
p. Communication and information services (550);
q. Developed parks (710);
r. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
s. Lodging (300);
t. Motor vehicle dealers and supplies (260);
u. Off-site public/private parking facilities, five or more spaces (930); v. Recycling collection facilities;
w. Temporary structures and uses;
x. Undeveloped parks and open space (700);
y. Utilities and resources (540);
z. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
aa. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter

24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
d. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

23.7 ORDINANCE NO. 2024-12
7 RESIDENTIAL USES:
e. Community care facilities;
COMMERCIAL USES:
f. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; g. Contractor/building (310E);
h. Fabricated metal products (manufacturing) (150);
i. Fabricated wire products (manufacturing) (155A);
j. Food and beverage preparation (manufacturing) (100); k. Furniture and fixtures (manufacturing) (120);
l. Hospitals (520);
m. Laboratory research experimentation, testing, software development; n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; o. Local/interurban passenger transit (bus, cab) (560B); p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); q. Mortuaries (310I);
r. Motion picture production (manufacturing) (155E);
s. Rental services (360);
t. Solar equipment (manufacturing) (155C);
u. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); v. Stone, clay, glass products (manufacturing) (140);
w. Storage and warehouse when connected with permitted use (330); x. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
y. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
Section 4. Section 24.10.802 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-M Mixed-Use Medium Density District is hereby amended to read as follows:

24.10.802 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

23.8 ORDINANCE NO. 2024-12
8 e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted.
h. Temporary structures and uses.
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
r. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter

24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls,
h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES:
j. Contractor/building (310E);

23.9 ORDINANCE NO. 2024-12
9 k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 5. Section 24.10.812 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-H Mixed-Use High Density District is hereby amended to read as follows:

24.10.812 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;
h. Temporary structures and uses;
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;

23.10 ORDINANCE NO. 2024-12
10 COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Undeveloped parks and open space (700);
q. Utilities and resources (540);
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
s. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);

23.11 ORDINANCE NO. 2024-12
11 s. Motion picture production (manufacturing) (155E); t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 6. Section 24.10.822 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-OM Mixed-Use Ocean Street Medium Density District is hereby amended to read as follows:

24.10.822 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses.
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;

23.12 ORDINANCE NO. 2024-12
12 m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;

23.13 ORDINANCE NO. 2024-12
13 z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 7. Section 24.10.832 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-OH Mixed-Use Ocean Street High Density District is hereby amended to read as follows:

24.10.832 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

24.12.140.

COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

23.14 ORDINANCE NO. 2024-12
14 c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m.Food and beverage preparation (manufacturing) (100);
n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 8. Section 24.10.842 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-VH Mixed-Use Visitor-Serving High-Density District is hereby amended to read as follows:

24.10.842 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

23.15 ORDINANCE NO. 2024-12
15 USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930); k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter

23.16 ORDINANCE NO. 2024-12
16 i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 9. Section 24.10.852 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-VA Mixed-Use Visitor-Serving Additional Height District is hereby amended to read as follows:

24.10.852 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

23.17 ORDINANCE NO. 2024-12
17 RESIDENTIAL USES:
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

23.18 ORDINANCE NO. 2024-12
18 r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 10. Section 24.10.930 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-T Thoroughfare Commercial zone district is hereby amended to read as follows:

24.10.930 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FROTNAGE:
a. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12. b. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12. c. Souvenir and gift shops.
d. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter 24.12. e. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12.

COMMERCIAL USES:
f. Ambulance service.
g. Automatic car wash.
h. Bakery; soft-drink bottling plant; laundry, cleaning and dyeing establishment. i. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.
j. Recycling collection facilities.
k. Small community care residential facilities.
l. Temporary structures and uses.
m. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental. n. Veterinary hospitals and clinics.
o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing.
p. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

23.19 ORDINANCE NO. 2024-12
19 q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

Section 11. Section 24.10.1030 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-N Neighborhood Commercial District is hereby amended to read as follows:

24.10.1030 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

Subcategories of uses within use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance studios and schools (610);
b. Apparel and accessory stores (250);
c. General retail merchandise (drug and department stores) (230); d. Government and public agencies (530);
e. Preschools/childcare (twelve or fewer) (510A);
f. Home furnishings (270);
g. Repair, alteration, maintenance services for household items (except boat repairs) (340); h. Specialty retail supply stores (290);
i. Veterinarians (410A);
RESIDENTIAL USES:
j. Small community care residential facilities;
COMMERCIAL USES:
k. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
l. Auto supply stores (260C);
m. Churches (500);
n. Community organizations, associations, clubs and meeting halls (570); o. Educational facilities (public/private) (510);
p. Parks and open spaces (700);
q. Recycling collection facilities;
r. Temporary structures and uses;
s. Video rental (650);
t. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
u. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures (numerical references at the end of these categories reflect the general use classifications listed

23.20 ORDINANCE NO. 2024-12
20 in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C); b. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12; c. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); d. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; RESIDENTIAL USES:
e. Community care facilities;
f. Community care residential facilities;
COMMERCIAL USES:
g. Auto services and repair, subject to performance standards in Section 24.12.900 (350); h. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
k. Storage and warehouses with permitted retail (330).

Section 12. Section 24.10.1130 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-B Beach Commercial District is hereby amended to read as follows:

24.10.1130 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); b. Educational facilities (public/private) (510);
c. Fish/seafood/wholesale (200F);
d. Home furnishings (270B);
e. Thrift stores (290m);
f. Professional offices associated with a visitor-serving use; COMMERCIAL USES:
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
h. Community organizations, associations, clubs and meeting halls (570); i. Churches (500);

23.21 ORDINANCE NO. 2024-12
21 j. Financial services (320);
k. Government and public agencies (530);
l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing.
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; b. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
c. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
RESIDENTIAL USES:
d. Group quarters (850);
COMMERCIAL USES:
e. Off-site public/private parking facilities, five or more spaces (930); f. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

Section 13. Section 24.10.1510 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the I-G General Industrial District is hereby amended to read as follows:

24.10.1510 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);

23.22 ORDINANCE NO. 2024-12
22 c. Boat repairs (340D);
d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
e. Cannabis distribution and warehousing, subject to the commercial cannabis regulation, Part 14 of Chapter 24.12;
f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; h. Churches (500);
i. Communication and information services (550);
j. Community organizations, associations, clubs and meeting halls (570); k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
l. Educational facilities (public/private) (510);
m. Fabricated metal products (150);
n. Food and beverage stores (except liquor and convenience stores) (240); o. Forestry services (010);
p. Government and public agencies (530);
q. Leather tanning (110);
r. Off-site public/private parking facilities, five or more spaces (930); s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
t. Parks (700);
u. Stone, clay, glass products (140);
v. Temporary structures;
w. Transportation facilities (560);
x. Utilities and resources (540);
y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12. z. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply;

23.23 ORDINANCE NO. 2024-12
23 b. Chemicals and allied products, subject to performance standards (130); c. Group quarters (850);
d. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); e. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
f. Paper and allied products subject to performance standards (125); g. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
h. Primary metals and material subject to performance standards (145); i. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
j. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; k. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
l. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

Section 14. Section 24.10.1610 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the I-G/PER-2: General Industrial District/Performance District is hereby amended to read as follows:

24.10.1610 USE PERMIT REQUIREMENT.

23.24 ORDINANCE NO. 2024-12
24 these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
f. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
h. Forestry services (010);
i. Leather tanning (110);
j. Off-site public/private parking facilities, five or more spaces (930); k. Temporary structures;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15;
n. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

23.25 ORDINANCE NO. 2024-12
25 materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Food and beverage stores (except liquor and convenience stores) (240); d. Government and public agencies (530);
e. Group quarters (850);
f. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
i. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; j. Transportation facilities (560).

23.26 ORDINANCE NO. 2024-12
26 Section 15. Section 24.10.1830 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the E-A Exclusive Agricultural District is hereby amended to read as follows:

24.10.1830 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Daycare (other than family daycare homes)
b. Eating and drinking establishments;
c. Foster family homes;
d. Guest ranches;
e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures;
g. Veterinary hospitals and clinics;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. j. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and a design permit:
a. Agricultural processing plant;
b. Group care homes;
c. Helipads;
d. Institutions for children or the aged;
e. Kennels and riding stables;
f. Off-street parking facilities serving commercial districts within three hundred feet of the site;
g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities;
h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs; i. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps.

Section 16. Section 24.10.2342 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the CBD Central Business District is hereby added to read as follows:

24.10.2342 OUTDOOR SEATING ON PRIVATE PROPERTY
Outdoor seating areas on private property associated with eating and/or drinking establishments shall be allowed subject to the requirements in Section 24.12.191.

23.27 ORDINANCE NO. 2024-12
27 Section 17. Section 24.10.2370 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the CBD Subdistrict E – Lower Pacific Avenue is hereby amended to read as follows:

24.10.2370 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Auto supply stores (260C);
b. Bakery, microbrewery (subject to alcohol regulations in Part 12 of Chapter 24.12), handicrafts or similar light manufacturing and assembly uses associated with retail sales, if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
c. Brewpubs, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Churches (500);
e. Communication and information services (550);
f. Community organizations, associations, clubs, and meeting halls (570); g. Developed parks (710);
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290 and subject to alcohol regulations in Part 12 of Chapter 24.12 and Section 24.14.290 (280H);
i. Financial, insurance, real estate offices (420);
j. Financial services (320);
k. Flexible density unit (FDU) housing (fifteen units or less) as part of a mixed-use project; l. Foster family homes;
m. Government and public agencies (530);
n. Medical/health offices (except veterinarians and ambulance services) (410); o. Off-site public/private parking facilities (930);
p. Professional offices (400);
q. Professional/personal services (except contractors’ yards and mortuaries) (310); r. Recycling collection facilities;
s. Sports, recreation and entertainment facilities subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
t. Temporary structures and uses;
u. Utilities and resources (540);
v. Veterinarians (410A);
w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12;
x. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and design permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed

23.28 ORDINANCE NO. 2024-12
28 in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bar and cocktail lounges, subject to alcohol regulations in Part 12 of Chapter 24.12 (280C); b. Community care facilities;
c. Community care residential facilities;
d. Contractor/building (310E);
e. Convenience/liquor stores, subject to alcohol regulations of Part 12 of Chapter 24.12 (240B);
f. Flexible density unit (FDU) housing (sixteen units or more) as part of a mixed-use project; g. Nightclubs (amplified live entertainment), subject to alcohol regulations of Part 12 of Chapter 24.12 (630);
h. Single-room occupancy (SRO) (860);
i. General retail merchandise (drug and department stores) exceeding sixteen thousand square feet (230);
j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

Section 18. Section 24.12.190 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.190 OUTDOOR STORAGE, DISPLAY, OR SALE OF MERCHANDISE.

All merchandise storage, display, or sales areas shall be wholly within a completely enclosed building or structure or shall be screened so as not to be visible from an adjacent public street or publicly operated parking lot, except that the area within a completely roofed street alcove or entryway may be utilized for merchandise display; provided, that such merchandise is displayed inside the line of the building face and does not present a hazard to pedestrians or encroach on a required building exit.

1. Exceptions. The following outdoor sales and commercial activities shall not be subject to the provisions of this section:
a. Automobiles, boat, trailer, camper, motorcycle, and motor-driven vehicle sales and rentals; b. Building material and supplies areas in the I-G District; c. Fish markets and beach, surfing, and fishing equipment in the C-B and OF-R Districts; d. Fruit and vegetable stands;
e. Horticultural nurseries;
f. Vending machines, when located in service stations, motels and other drive-in businesses; g. Gasoline pumps, oil racks and accessory items when located on pump islands; h. Vending carts and stands;
i. Parking lot sales not to exceed three days during any six-month period; j. Sidewalk sales, when sponsored by business or civic organizations, not to exceed three days during any six-month period;
k. Garage sales when conducted on residentially used property, for a period not to exceed three days during any six-month period;
l. Private property outdoor seating associated with eating and/or drinking establishments, subject to the requirements of Section 24.12.191;

23.29 ORDINANCE NO. 2024-12
29 m. Outdoor extension areas for commercial uses, including outdoor sidewalk cafes or retail areas on public property, subject to approval of an administrative use permit and a revocable license per Section 24.12.192;
n. Temporary circus or carnival activities, subject to approval of an administrative use permit; o. Cut flowers;
p. Activities similar to the above, as determined by the zoning administrator.

Section 19. Section 24.12.191 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby added to read as follows:

24.12.191 PRIVATE PROPERTY OUTDOOR SEATING
The purpose of outdoor seating areas on private property associated with eating and/or drinking establishments is to allow flexibility in how eating and drinking establishments serve their patrons while enhancing the streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the view from the public right of way. This section is applicable citywide.

1. Definitions. For the purposes of this section, the following definitions shall apply:
a. Business establishment. The business that is operating in the building associated with the outdoor seating area and to which the outdoor seating area is appurtenant. b. Design standards. The design standards applicable to the outdoor seating area as set forth in Section 24.12.191.4.
c. Operating standards. The operating standards applicable to the outdoor seating area for their operation and maintenance as set forth in Section 24.12.191.3. d. Operator. The individual or entity responsible for operating the business establishment. e. Private property outdoor seating or outdoor seating area. An outdoor patio area located on private property associated with eating and/or drinking business establishments that provides seating for patrons of the establishment.
f. Patio cover. An overhead structure, such as a pergola, that consists of rafters that are open to allow sunshine and the elements to come through.
g. Property. The parcel in which the business entity and outdoor dining area is located. h. Property owner. The owner of the property where the business establishment is located. i. Roof. An overhead structure that is constructed of a solid material that does not allow sunlight or the elements to come through.

2. Private property outdoor seating. Private property outdoor seating is principally permitted when accessory to an eating and/or drinking establishment unless an administrative use permit is required pursuant to Section 24.12.191.3.

3. Operating standards. Outdoor seating areas shall comply with the following operating standards, as may be amended, unless the property owner obtains an administrative use permit permitting any deviation from the operating standards.
a. The hours of operation shall be consistent with the business establishment’s regular hours of operation, and in no event earlier than 8:00 a.m. and no later than 10:00 p.m. seven days a week.

23.30 ORDINANCE NO. 2024-12
30 b. The outdoor seating area shall be permitted only in conjunction with the business establishment that is operating in the associated building and to which the outdoor seating area is appurtenant.
c. The outdoor seating area and all its contents shall at all times be maintained in a clean, sanitary, and attractive condition.
d. The use of the outdoor seating area shall comply with the standards established by Chapter 24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust, vibration, wastes, fumes, or any public nuisance arising or occurring incidental to the establishment or operation of the outdoor seating area. e. The outdoor seating area and any surrounding property under the control of the operator shall be maintained free of litter, refuse and debris.
f. No “live entertainment” or “incidental live entertainment” as defined in Section

24.12.1100(a)(4) and (5) of the Santa Cruz Municipal Code is allowed unless expressly permitted through another process such as an entertainment permit or use permit.

Limited outdoor live entertainment may be permitted for no more than three consecutive days or five days per year subject to the provisions of Section 24.12.195.5 of the Santa Cruz Municipal Code.
g. All uses of the outdoor seating area shall operate in conformance with Chapter 9.36 of the Santa Cruz Municipal Code (noise).
h. Amplified sound shall be set to a volume that does not exceed the volume of normal conversational speech.
i. Barbeques, grills, stoves, or other outdoor cooking appliances are prohibited within the outdoor seating area.
j. The outdoor seating area shall be closed to the public when the business establishment is closed to prevent trespassing and/or criminal behavior. k. Prior to issuance of a building permit for the outdoor seating area, the owner of the business establishment, in conjunction with the property owner, shall submit a maintenance and management plan to address potential nuisance impacts associated with interior/exterior areas adjacent to the business establishment and associated outdoor seating area and shall outline measures to address trash/litter removal, graffiti, landscape maintenance, abandoned vehicles, and noise and loitering, subject to approval by the Planning Director or their designee. The management plan shall assign a “Neighbor Liaison” staff to provide a single point of contact between the business establishment and neighbors and City staff.
l. Unless otherwise authorized by the City, all parking spaces and delivery zones shall be continuously maintained on the site in a condition that allows access by customers, vendors, and employees to the outdoor seating area and business establishment. m. Prior to occupancy of the outdoor seating area, an annually thereafter, the property owner shall file a trespass letter of authority with the Santa Cruz Police Department. n. Final building plans for the outdoor seating area shall include exterior security lights that provide coverage for the entire outdoor seating area while meeting the performance standards of Part 2 of Santa Cruz Municipal Code Chapter 24.16. o. Final building plans for the outdoor seating area shall include exterior security cameras that provide 360-degree coverage around the perimeter of all egress and ingress into the outdoor seating area. The security camera system shall have the capability to

23.31 ORDINANCE NO. 2024-12
31 provide the recordings to police within 24 hours and have the capacity to store video for a minimum of 30 days.
p. The following standards are required for business establishments that are approved to serve alcoholic beverages pursuant to Part 12 of Santa Cruz Municipal Code Chapter

24.12:
i. All local, state, and federal laws, rules, and regulations applying to the sale and consumption of alcohol shall be complied with.
ii. Alcoholic beverages shall only be consumed on alcohol licensed premises under the control of the licensee(s).
iii. At all times when the premises are exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within the outdoor seating area on a regular basis, but no less than once every thirty (30) minutes. q. A sign shall be posted in a conspicuous space at the entrance/exit points of the outdoor seating area onto any public area(s), which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch in height.

4. Design standards. Outdoor seating areas shall comply with the following design standards, as may be amended, unless the property owner obtains a design permit permitting any deviation from the design standards.
a. Perimeter fencing:
i. The outdoor seating area facing a public right-of-way and within twenty feet of the public right-of-way or located between the building line and the public right-ofway shall be delineated from the public right-of-way by a barrier consisting of railings, fences, planter boxes, or a combination of railings, fences, or planter boxes that are three feet six inches in height (42”).

1. Exception: a wind barrier may be installed on top of the perimeter fencing facing a public right-of-way and may extend above the three-foot-six-inch height limitation up to six feet from grade. The entire enclosure fence/wall shall be set back from the property line at least three feet. ii. For seating areas approved to serve alcohol, the top of the perimeter fencing facing a public area shall be topped with a surface that is not flat or that is narrow enough to prevent alcoholic beverage placement.
iii. The perimeter fencing for any portion of an outdoor seating area facing the public right-of-way and located more than twenty feet from the right-of-way, behind the front line of the building, in the exterior side yard, or in the rear frontage of a double frontage lot described above shall have a height no greater than eight feet, with any portion of the fencing above three and a half feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque. iv. The perimeter fencing for any portion of an outdoor seating area located behind the building and not facing the public right of way shall have a height no greater than eight feet, with any portion of the fencing above six feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque.

23.32 ORDINANCE NO. 2024-12
32 v. Perimeter fencing within the Coastal Zone shall comply with Sections i. through iv. above, with the exception that the perimeter fencing shall be visually transparent above three feet six inches feet when within the public line of view of the ocean. b. Furniture:
i. An outdoor seating area shall include appropriate outdoor furniture including seating, tables, and trash and recycling receptacles.
ii. All furniture shall be durable, well maintained, and of a high quality, suitable for outdoor use.
c. Overhead structures:
i. Overhead structures shall be constructed of durable materials including but not limited to wood or metal.
ii. Overhead structures shall be overhead only without sides in order to allow full visibility into the outdoor seating area.
iii. Patio covers shall preserve and maintain visibility through the outdoor seating area and allow some passage of light from the open sky to the outdoor seating area. iv. Temporary membrane structures, including but not limited to tents and canopies, are prohibited.
v. The height of the overhead structure shall not exceed fifteen feet and shall maintain a minimum of eight feet clearance from grade to the bottom of the overhead structure.
vi. Overhead elements such as support posts for lighting, string lights, portable heaters and umbrellas shall provide a minimum vertical clearance of seven feet. d. Lighting:
i. Outdoor seating areas shall be lit.
ii. Lighting, if overhead, shall be a minimum of ten feet overhead, no taller than the height of the building, and no more than fifteen feet above grade. iii. Lighting shall be downlit, fully shielded, and shall not be directed off the property.

Lighting shall illuminate only the outdoor seating area. iv. Lighting shall not blink, flash, flicker, or change intensity. v. Individual exterior luminaires shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
vi. Posts for overhead lighting shall be adequately secured and can be incorporated into perimeter fencing.
e. Materials:
i. Materials and colors of paving, perimeter fencing, chairs, tables, display stands, lighting, umbrellas, awnings, and other furniture and fixtures shall be compatible with the exterior materials and colors of the building to which the outdoor seating area is appurtenant.
ii. Materials for outdoor seating areas located within an area or specific plan shall be consistent with all applicable design standards of that plan and outdoor seating areas on sites subject to the objective design standards pursuant to Section

24.12.185 shall be consistent with the standards pursuant to Section 24.12.185.16.a. iii. Materials shall be specifically intended for outdoor use or that are proven durable.

1. Use materials that can withstand wind, rain, and solar exposure.

2. Utilize non-corroding metals or protective coatings.

23.33 ORDINANCE NO. 2024-12
33 3. Wood, if used, shall be finished.
iv. Lightweight materials that appear temporary and will deteriorate quickly such as plastic chains, plastic buckets and other similar materials are prohibited. v. Barbed wire, razor wire, and chain link fences shall not be permitted. vi. Perimeter fencing adjacent to parking stalls shall include reflective materials. vii. A wind barrier shall be constructed of transparent materials, such as acrylic or plexiglass.
f. Signage or other advertising matter shall not be installed on or within the outdoor seating area except for the following required signage:
i. For establishments approved to serve alcohol pursuant to Chapter 24.12, Part 12:

1. Signage as required by the California Department of Alcoholic Beverage Control.

2. A sign shall be posted in a conspicuous space at the entrance/exit points of any outdoor patio area(s) onto any public area(s) that shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch in height.
ii. Signage providing notice of private property/no trespassing with a size no greater than one square foot in area.
g. Landscaping:
i. On sites subject to the objective design standards pursuant to 24.12.185, placement of an outdoor seating area facing any public frontage shall not reduce landscaping along that frontage to less than twelve square feet of planted area for each thirty linear feet of building frontage counted by rounding up to the next increment of planted area, consistent with 24.12.185.8.b.
ii. Consistent with objective design standards for mixed use projects pursuant to

24.12.185, the outdoor seating area shall be set back at least five feet from the rear property line when the site is one hundred feet or greater in depth and abut a residentially zoned parcel at the rear property line to allow for a landscaped buffer, consistent with 24.12.185.8.b.iii.
iii. Where the enclosure fencing exceeds three and a half feet in height to provide for a wind barrier, the entire fence shall be set back at least three feet from the public right of way and the setback shall be fully landscaped. iv. Where possible, utilize existing site landscaping for shade and to add visual interest. v. Trees or hedges shall not be located within perimeter walls when adjacent to a public right of way.
vi. Any planter boxes or permanent landscape elements shall be integrated into an outdoor seating area by:

1. Adding landscaping to the perimeter enclosure, or

2. Adding freestanding plantings within an outdoor seating area, or

3. Adding landscaping to a building wall that frames an outdoor seating area. h. Parking and driveway:
i. When an outdoor seating area includes conversion of any part of an existing parking lot, the following shall apply:

23.34 ORDINANCE NO. 2024-12
34 1. The resulting parking lot shall meet all parking and driveway design standards pursuant to Section 24.12.280 and all applicable off-street loading facilities standards pursuant to Section 24.12.295.

2. The site shall provide required bicycle parking spaces pursuant to 24.12.250 in addition to any required replacement bicycle parking spaces pursuant to Section 24.12.290.6.
i. The outdoor seating area shall not be located within the clear corner triangle as defined in Section 24.22.202. No structure, fixture, or furniture associated with an outdoor seating area shall exceed a height of three feet six inches within a clear vision area, as defined in Santa Cruz Municipal Code Section 24.22.206.

5. Compliance with Applicable Laws. The construction, operation and use of the outdoor seating area shall comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) or successor statute, applicable state and local building codes and regulations, applicable labor laws, and all applicable health and safety requirements.

6. Enforcement. Violations of this Section 24.12.191 are hereby declared to be public nuisances and any violation of this Section 24.12.191 may be remedied or prosecuted pursuant to Title

4. Section 20. Section 24.12.290 of Chapter 24.12 of the Santa Cruz Municipal Code regarding variations to parking requirements is hereby amended to read as follows:

24.12.290 VARIATIONS TO REQUIREMENTS
The off-street parking requirements of this part may be satisfied or modified in the following ways:

1. Parking District Number 1. If the property being occupied or proposed to be occupied is in Parking District Number 1 and requires a number of parking spaces greater than the existing use, and not otherwise accommodated on the site, the downtown commission shall review the project and advise the decision-making body as to whether the parking district is capable of providing adequate parking for the new use and existing uses in the vicinity.

2. Variations to Design Requirements. A variation to the design standards may be approved by the zoning administrator as part of an administrative use permit to supersede the design requirements contained in this section if a finding can be made that the purpose of this section is met and the following standards are met, as applicable:
a. Parking must be able to properly function, allowing for convenient maneuvering, and compatible relationship to adjacent uses.
b. All parking stalls shall be marked.
c. The parking arrangement shall not create safety problems for persons parking in or traversing the parking area.

23.35 ORDINANCE NO. 2024-12
35 d. Any valet parking program must operate full-time during established business or operating hours (if applicable).
e. Any off-site parking program, for any amount of the required number of parking spaces either:
i. Is within a quarter-mile radius from the subject site; or ii. Includes a permanent and effective means of transporting employees or patrons from the parking parcel(s) to the subject site.
f. Any alternative design involving parking lifts shall demonstrate that the cars and lifts are both obscured from view from neighboring properties and public roadways, and compliant with Section 24.14.260, Noise.

3. Reductions to Number of Required Parking Spaces. Required parking spaces may be reduced up to thirty-five percent (with fractional spaces to be rounded up to the next whole number) by the zoning administrator as part of an administrative use permit. This may be done using one or more of the following strategies, or an approved equivalent, subject to any standards contained herein. Reductions are available for automobile parking only, and these reductions are independent of any bicycle parking required in compliance with Section 24.12.250. The available reduction for each strategy shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete application is submitted:
a. On-Site Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same or adjoining parcels may be reduced if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week and/or if their hours of operation do not coincide. At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility. b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:
i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review; ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;
iii. Submit a signage program to notify users at all location(s) of shared parking facilities;
iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.

23.36 ORDINANCE NO. 2024-12
36 v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (3)(b)(ii) unless otherwise modified by the zoning administrator.
c. Nonautomobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/carpool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation.
d. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section

24.12.250(6). This reduction strategy, in and of itself, will not require an administrative use permit.
e. Unbundled Parking. Residential development and the residential portion of mixed-use development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on-street parking on all roadways within a five-hundred-foot minimum walking distance from the pedestrian entrances to the building or site.
f. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.

4. Parking Requirements for Nonconforming Structures or Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category, or otherwise increased in capacity, off-street parking shall be required only for that portion of structures or use constituting the increase in capacity; except that:
a. No additional parking need be provided for nonresidential uses if the increased capacity results in an increase of four or fewer required parking spaces; and b. No additional parking shall be required for residential uses if the increased capacity results in an increase of no more than one required parking space.

5. Reduction of Parking Requirements for Historic Building Survey Buildings and Landmarks, and on Lots With Contributing Buildings Within an Historic District. The normal parking requirement for (a) use(s) in a building that is listed on the historic building survey, or a landmark, may be modified in order to maintain the value of the listing or designation in accord with Section 24.12.445. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.

6. Modified Parking Requirements on Sites with Private Property Outdoor Seating. Replacement parking is not required for any parking spaces removed to create private property outdoor

23.37 ORDINANCE NO. 2024-12
37 seating pursuant to Section 24.12.191. Removal of parking spaces does not require a use permit, and there is no limit on the number of spaces removed. For any required parking spaces removed, the site shall provide additional bicycle parking at a ratio of six bicycle parking spaces per space removed as described in 24.12.250.6, and/or the business shall enroll in the non-automobile use program as described in 24.12.290.3.c.

Section 21. Section 24.12.1108 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for onsite and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area, not to include outdoor seating, in any five-year period to accommodate retail sale of alcoholic beverages for on-site and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

2. Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.

Section 22. The City Council finds and determines that the adoption of this ordinance is considered a “project” under California Code of Regulations, Title 14, section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental review. The City Council finds that these amendments fall within the analyzed development potential in the City’s existing 2030 General Plan EIR using the existing zoning and General Plan and, therefore, pursuant to Section 15183 of the CEQA Guidelines, no further environmental review under the CEQA is required.

Additionally, pursuant to Section 15061(b)(2), such project may be exempted from environmental review if the City finds that the project is “exempt pursuant to a categorical exemption (see Article

23.38 ORDINANCE NO. 2024-12
38 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.” The City Council finds and determines that this ordinance is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as a project that, with certainty, does not have an effect on the environment.

Section 23. If any section or portion of this ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the ordinance, which shall continue in full force and effect.

Section 24. This ordinance shall take effect and be in full force thirty (30) days after final adoption outside of the Coastal Zone. Within the Coastal Zone, this ordinance shall take effect and be in full force after approval by the California Coastal Commission, but no earlier than thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

23.39 ORDINANCE NO. 2024-12
39 PASSED FOR FINAL ADOPTION this ____ day of _______, 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. 2024-12 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

AND DIRECTING THE CITY MANAGER TO SUBMIT THE PROPOSED AMENDMENTS TO TITLE 24, THE ZONING ORDINANCE OF THE CITY OF SANTA CRUZ MUNICIPAL CODE,

AS LOCAL COASTAL IMPLEMENTATION PLAN AMENDMENTS TO THE CALIFORNIA

COASTAL COMMISSION FOR FINAL CERTIFICATION
WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions; and WHEREAS, the City Council voted to extend the expiration date for temporary outdoor expansions in uncodified Ordinance No. 2020-27 on June 2021 via uncodified Ordinance 2021- 14; on November 9, 2021 via uncodified Ordinance No. 2021-21; on October 25, 2022 via uncodified Ordinance 2022-16; and on October 25, 2022, via uncodified Ordinance 2022-16; and WHEREAS, at the October 25, 2022 meeting, the City Council also directed City staff to work with the Outdoor Dining City Council ad-hoc Subcommittee to draft ordinance amendments and procedures to streamline the permanent private outdoor dining permit process, and work with Coastal Commission for approval of permits for private properties within the coastal zone; and WHEREAS, on February 27, 2024, the City Council adopted an uncodified Ordinance 2024-06 further extending uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity until May 31, 2025 on private property; and
WHEREAS, at its June 20, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed addition of Santa Cruz Municipal Code (SCMC) Section 24.12.191 to the Zoning Code and passed a motion that recommended the City Council approve the proposed amendments with additional recommendations to extend the expiration date for temporary outdoor seating area permits, refine a standard related to volume of amplified sound, specify that handwashing stations are required in conjunction with temporary restrooms, and to request the City Council subcommittee contact state representatives to advocate for state building code changes related to outdoor dining areas; and
WHEREAS, the proposed ordinance provides a streamlined and standardized process for both eating and drinking establishments to create outdoor seating areas where the business

23.41 establishments are not required to obtain an administrative use permit or design permit if certain standards are met; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code falls within the analyzed development potential in the City of Santa Cruz’s existing 2030 General Plan Environmental Impact Report using the existing zoning and General Plan and, therefore, pursuant to California Code of Regulations, Title 14, section 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review under the CEQA is required; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code ordinance is also categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as there is no possibility that the proposed ordinance will have an effect on the environment.

WHEREAS, on August 13, 2024, the City Council held a public hearing at which the proposed amendments to the Municipal Code were introduced for publication; and WHEREAS, on August 13, 2024, the City Council held a public hearing where the proposed amendments to the Municipal Code were approved; and WHEREAS, the City Council directs the City Manager to submit the amendments to Title 24 of the Municipal Code as Local Coastal Implementation Plan Amendments to the California Coastal Commission for final certification; and
WHEREAS, the City Council now finds:

1. The proposed amendments to Title 24 are in the public interest as they provide more flexibility for businesses to create outdoor seating areas to be enjoyed by residents and visitors alike.

2. The proposed amendments to Title 24 are consistent and compatible with the General Plan and any implementation programs that may be affected.

3. The proposed amendments to Title 24 are intended to be carried out in a manner fully in conformity with the Coastal Act (CA Section 30510).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby approves the amendments to Title 24 of the City of Santa Cruz Municipal Code and Local Coastal Program, attached hereto and made a part hereof.

BE IT FURTHER RESOLVED, that amendments to the Local Coastal Implementation Plan will become effective inside the Coastal Zone upon final certification by the California Coastal Commission.

23.42 PASSED AND ADOPTED this 27th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

August 21, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 21st day of August, 2024, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

23.44 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 19th day of August, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-12, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—39.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 19th day of August, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

23.45 ORDINANCE NO. 2024-13

AN UNCODIFIED ORDINANCE OF THE CITY OF SANTA CRUZ EXTENDING UNCODIFIED EMERGENCY ORDINANCE 2020-27 AUTHORIZING TEMPORARY USE

OF CERTAIN ADJACENT PUBLIC STREET AND OUTDOOR AREAS FOR ELIGIBLE

BUSINESSES IMPACTED BY INDOOR BUSINESS CLOSURES RELATED TO THE COVID-19 PANDEMIC UNTIL JULY 1, 2026, ON PRIVATE PROPERTY WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and
WHEREAS, on March 10, 2020, the Santa Cruz City Council adopted Resolution No. NS29,640 Declaring a Local Health Emergency in response to the COVID-19 pandemic; and WHEREAS, in light of the devastating impacts that the pandemic has had on the local economy and for locally owned businesses in particular, the Director of Emergency Services issued two related Executive Orders to address the ability for businesses to temporarily use certain areas of the public right-of-way and private property for commercial activity, namely Executive Order No. 2020-11, issued on June 4, 2020 (ratified by City Council Resolution No. NS-29,667 on June 23, 2020) and Executive Order No. 2020-15, issued on July 30, 2020 (ratified by City Council Resolution No. NS-29,695 on August 11, 2020); and WHEREAS, on December 8, 2020, the City Council adopted an uncodified Emergency Ordinance No. 2020-27, incorporating Executive Order Nos. 2020-11 and 2020-15, allowing for the continued temporary use of certain public right-of-way and private areas until October 31, 2021; and
WHEREAS, on June 22, 2021, the City Council adopted an uncodified Emergency Ordinance No. 2021-14, which extended uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas of the public right of way and private property for commercial activity until December 31, 2021; and
WHEREAS, on November 9, 2021, cognizant of the prolonged negative impacts of the pandemic to local businesses, the City Council adopted an uncodified Ordinance No. 2021-21, further extending uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas in the public right-of-way and private property until December 31, 2022; and WHEREAS on October 25, 2022, the City Council adopted an uncodified Ordinance 2022- 16, which extended uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity (1) until October 31, 2023 in the public right-of-way; (2) until March 31, 2024 on private property; and (3) extending the Cathcart Street temporary partial street closure until March 31, 2023; and

24.1 ORDINANCE NO. 2024-13
2 WHEREAS, at the October 25, 2022 meeting, the City Council also directed City staff to work with the Outdoor Dining City Council ad-hoc Subcommittee to draft ordinance amendments and procedures to streamline the permanent private outdoor dining permit process, and work with Coastal Commission for approval of permits for private properties within the coastal zone; and WHEREAS, on February 27, 2024, the City Council adopted an uncodified Ordinance 2024-06, which extended uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity until May 31, 2025 on private property; and
WHEREAS, at its regular meeting of August 13, 2024, the City Council will consider the adoption of Santa Cruz Municipal Code section 24.12.191 relating to outdoor dining on private property; and
WHEREAS, if adopted, City staff estimates businesses will need approximately two years to continue operating under the temporary permits while the businesses apply for permits under the permanent private outdoor dining program; and
WHEREAS, the City Council finds that extending the duration of uncodified Ordinance No. 2020-27 until uly 1, 2026 for temporary use of private property for commercial activity will facilitate business recovery, generate increased sales tax revenue for the City, and provide business owners sufficient time to apply for and obtain permits for the permanent private outdoor dining program.

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

Section 1. Section 5 of uncodified Ordinance No. 2020-27, adopted as an emergency measure by the City Council on December 8, 2020, and amended by uncodified Ordinances No. 2021-14 on June 22, 2021, No. 2021-21 on November 9, 2021, No. 2022-16 on October 25, 2022, and 2024- 06 on February 27, 2024 is hereby further amended to include the following expiration date:

Temporary Use Located on Private Property: shall expire on July 1, 2026.

Section 2. California Environmental Quality Act (CEQA) Compliance. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15301 (existing facilities), 15303 (construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).

Section 3. This Ordinance shall take effect thirty (30) days following its final adoption (the “Effective Date”) and shall expire on the dates set forth above, unless further extended by action of the City Council.

24.2 ORDINANCE NO. 2024-13
3 PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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. 2024-13 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

August 21, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 21st day of August, 2024, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

24.4 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 19th day of August, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-13, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

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

24.5 City Council

AGENDA REPORT
DATE: 08/08/2024
AGENDA OF: 08/27/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Harvey West Pool Update and Amending the FY 2025 Budget and Appropriation of Funds for Harvey West Pool - Budget Adjustment (PR) RECOMMENDATION: Motion to:
1) Receive an update on the Harvey West Pool operational plan; and 2) Adopt a resolution to amend the Fiscal Year 2025 budget and appropriate funds in the amount of $400,000 from the fund balance of the General Fund, to be allocated to Parks and Recreation for expenses to run and resource a Harvey West Pool hybrid operational model.

BACKGROUND: During the FY 2025 budget hearings in May 2024, City Council requested information from Parks & Recreation Department staff about the status of Harvey West Pool and an estimated timeline to re-open the pool to the public. Staff reported that due to budget reductions over a 15-year period, the department did not have sufficient labor or financial resources to operate, maintain, or program the pool. Staff provided on update to Council that the department had issued a request for proposals (RFP) in spring 2024 seeking a partner to operate and maintain the pool under contract such that the revenues generated would offset the operator’s costs (e.g., a fully self-sustaining model).

The Parks & Recreation Department received only one (1) proposal from a Florida company and included a fee of $500,000 annually to operate the pool. The fee proposal was not inclusive of prevailing wage or living wages, and therefore the real costs were estimated to be $600,000 or more. Parks & Recreation and Finance cancelled the RFP due to the low number of responses and high costs.

Following the FY 2025 budget hearing, department staff evaluated other operational models and estimated costs to re-open the Harvey West Pool. Ultimately, the most cost-effective model to operate the pool is a hybrid model under which the Parks & Recreation Department would manage and maintain the pool chemistry, mechanics, capital improvements, facility maintenance, and grounds maintenance, while an operator would run the pool programming, classes, registration, and would provide lifeguard services.

The Parks Master Plan 2030 detail on the Harvey West Pool includes the following guidance and recommendations: “[pool] maintenance and funding are necessary year-round should the City

25.1 seek opportunities to increase use and access to the pool... [partnerships] and cost-sharing opportunities to fund the pool should be explored.”
DISCUSSION: To open Harvey West Pool, the Parks & Recreation Department proposes the following scope and solution:
• Operate the pool year-round with programming ranging from swim lessons to lap swimming to water aerobics and open swim.
• Provide opportunities for Santa Cruz youth to access low-cost swim lessons and provide introductory classes for under-served youth to create a pathway to Junior Guards. • Provide opportunities for Junior Guard training and/or Marine Safety training. • Provide opportunities for the public to relax and recreate at the pool with lounge chairs, places to gather, and/or potential food and beverage options.

To provide year-round pool access and programming, the Parks & Recreation Department recommends a hybrid model of operation:
• City (via Parks & Recreation) shall manage the pool chemistry and mechanical systems, manage all capital improvements, maintain the facilities and grounds, and will integrate pool operations into broader scheduling and operations of Harvey West Park. • A vendor/contractor will program the pool, provide services to the public, and will provide lifeguard services.

Parks & Recreation must have adequate certified aquatics staff and budgetary resources in place as a baseline for operations. To that end, the Parks & Recreation Department is requesting a $400,000 budget adjustment (in addition to the $75,000 allocated in the recent FY 2025 budget) to support the needed staff and operational resources to operate Harvey West Pool. With approval of a budget adjustment, Parks & Recreation staff will begin working with Human Resources to recruit for the new positions. Meanwhile, the department will craft a new RFP seeking an operating partner. With allocation of funds through the proposed budget adjustment, the target time frame to re-open the pool will be winter 2024-25.

HEALTH IN ALL POLICIES: Operation of Harvey West Pool is a key priority and goal of the Parks Master Plan 2030 and is a core element of the Parks & Recreation Department’s mission to “provide quality public spaces and experiences that build a healthy community, foster equity, and better the environment.” The components of the department’s mission are also reflected in the City’s Health in All Policies pillars: Social equity, public health, and sustainability.

Operating Harvey West Pool provides opportunities for the community to exercise, recreate, and positively influence social connection which are all parts of building a healthy community. The programming at the pool could offer swim lessons and other opportunities to low income and under-served communities in ways the City has not offered in the past, therefore advancing equitable opportunities for all community members.

FISCAL IMPACT: The $400,000 additional funds to reopen Harvey West Pool in FY 2025 will come from the fund balance of the General Fund. Future decisions in the Parks Master Plan 2030 relating to Harvey West Pool could have ongoing fiscal impacts to the General Fund in FY 2026 and beyond and are not currently budgeted.

25.2 Prepared and Submitted By:

Tony Elliot
Director of Parks &
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. BUDGET ADJUSTMENT EXHIBIT A.PDF

25.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
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ACCOUNT 352-(&71$0(
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25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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352-(&7
352-(&7
$02817
$02817
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TOTAL EXPENDITURE

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2025
08/27/2024
Parks & Recreation Department is requesting a $400,000 budget adjustment to support the needed staff and operational resources needed to operate Harvey West Pool.

Personnel Costs (Object 51000)= $286,884.72
Services (Object 52000) = $36,526.12
Supplies (Object 53000) = $26,588.80
Other Materials and Services (Object 54000) = $50,000.00 Total = $399,999.64
0 Please see attached. Harvey West Pool Budget Adjustment 400,000 400,000
-400,000
Jackie
Trumbull
Digitally signed by
Jackie Trumbull
Date: 2024.06.07
13:49:26 -07'00'
Tremain
HeddenJones
Digitally signed by
Tremain HeddenJones
Date: 2024.06.07
14:12:32 -07'00'
Tracy
Cole
Digitally signed
by Tracy Cole
Date: 2024.06.07
15:40:19 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.06.10
05:50:27 -07'00' 25.4
Project Number GL Number Project Name Amount
101‐30‐40‐3108‐51110 Regular full time $118,236.04
101‐30‐40‐3108‐51114 Overtime $5,000.00
101‐30‐40‐3108‐51122 Temporary $52,000.00
101‐30‐40‐3108‐51201 Retirement contribution $14,427.22 101‐30‐40‐3108‐51203 PERS unfunded liability $23,896.65 101‐30‐40‐3108‐51210 Group health insurance $59,035.84
101‐30‐40‐3108‐51212 Group dental insurance $3,294.20
101‐30‐40‐3108‐51213 Vision insurance $559.00
101‐30‐40‐3108‐51214   Medicare insurance $1,772.02
101‐30‐40‐3108‐51215 Employee assistance program $82.68 101‐30‐40‐3108‐51220 Group life insurance $39.36
101‐30‐40‐3108‐51221   Disability insurance $1,355.90
101‐30‐40‐3108‐51222 SDI $593.16
101‐30‐40‐3108‐51230 Unemployment insurance $1,629.65
101‐30‐40‐3108‐51240 Workers’ compensation $4,963.00
101‐30‐40‐3101‐52199    Other professional & technical services $20,000.00 101‐30‐40‐3101‐52201 Water, sewer and refuse $8,640.00
101‐30‐40‐3101‐52246 Building and facility o & m ‐ outside $7,886.12 101‐30‐40‐3101‐53103 Chemicals $6,650.00
101‐30‐40‐3101‐53311   Electricity $12,308.80
101‐30‐40‐3101‐53312 Natural gas $7,630.00
101‐30‐40‐3101‐54990 Miscellaneous supplies and services $50,000.00 $399,999.64

25.5 1
Bonnie Bush
From: Judi Grunstra <[email protected]>
Sent: Thursday, August 22, 2024 5:44 PM
To: City Council
Cc: Tony Elliot
Subject: General Business 25
Dear Mayor and Council:

Please approve funding for the Harvey West Pool now and in subsequent years. It is shameful for a coastal city like ours to have neglected our one public swimming pool for many years (15 years, according to the staff report).

This is an equity issue, as many low-income children and families, as well as seniors, have been unable to access a pool. Children who don't learn to swim are in danger of drowning. Not everyone wants to swim in the ocean, or can afford to join a gym that has a pool. Driving to the Simpkins Swim Center adds vehicle miles travelled.

There is a waiting list of over 200 seniors for aquatic exercise classes through the Silver Dolphins organization. These folks would love to exercise at Harvey West Pool.

I eagerly await a May 2025 opening date for Harvey West pool. I am not alone.

Thank you.

Judi Grunstra

25.6 1
Lindsay Nelson
From: Dan Ackerstein <[email protected]>
Sent: Monday, August 26, 2024 3:51 PM
To: City Council
Subject: Harvey West Pool Reopening
Good Day Santa Cruz Council Members,
This email is intended to communicate my enthusiastic support for the re-opening of Harvey West Swimming Pool. As a City resident (Lower Westside) and former officer of the SC Junior Lifeguard Booster Club, I am keenly aware of the importance that access to a swimming pool holds for members of this community, particularly underserved populations for whom swimming is not necessarily part of home/family life. I am thrilled to hear that the City is considering Harvey West Pool, and I sincerely hope that this endeavor will include programs targeted specifically to providing swim and water safety learning opportunities to youth members of those underserved populations in Santa Cruz.

Thank you again for considering this exciting possibility.

Sincerely,
Dan Ackerstein
442 Palm St, Santa Cruz, CA 95060
608-692-6544
--
Dan Ackerstein
Principal
Ackerstein Sustainability
608-692-6544
[email protected]
www.ackersteinsustainability.com

25.7 2
Lindsay Nelson
From: Django Dawson <[email protected]>
Sent: Monday, August 26, 2024 3:53 PM
To: City Council
Subject: Harvey west
Hello SC City please reopen harry west that pool is a gem and should be shared

25.8 3
Lindsay Nelson
From: Amanda <[email protected]>
Sent: Monday, August 26, 2024 4:01 PM
To: City Council
Subject: Harvey west pool
Dear city council,
Please open Harvey west pool for adult lap swim to relieve west side residents of the commute to Simpkin pool thereby lessening cross town traffic.

Thanks so much for considering this maƩer.

Sent from my iPhone

25.9 4
Lindsay Nelson
From: Adrienne McConnell <[email protected]> Sent: Monday, August 26, 2024 4:15 PM
To: City Council
Subject: Reopening Harvey West Pool
Greetings members of the Santa Cruz City Council,
It has come to my attention that the City Council will be reviewing an agenda item at tomorrow's City Council meeting on 8/27/24 in support of reopening Harvey West pool.

My name is Adrienne McConnell, and I am the co-president of the Santa Cruz City Junior Guard Booster Club. I want to voice my enthusiastic and hopeful support for the reopening of the Harvey West Pool facility. As the only public recreational pool on the west side of town, it is a shame that it has been inaccessible to the community for the last few years. Our city needs this facility, not only for ongoing aquatic activities including lessons, training, and recreational use, but as a crucial resource for those who may not have access to an aquatics education. Junior Guards is the largest and most popular summertime activity for youth in Santa Cruz, but many in the community are unable to take advantage of this incredible program due to a lack of access to basic swim instruction, either due to financial constraints and/or access to a nearby facility. The reopening of Harvey West Pool can go a long way in addressing these disparities, and help to bridge the gap by providing access to a vital safety skill (especially in a beach town!).

I urge the council to support the effort of the Parks and Recreation Department to reopen Harvey West Pool and prioritize aquatics education and safety training as part of their programming. Swim lessons and ongoing training opportunities can help to prevent drowning and accidents, and also promote physical fitness and mental well-being for youth in our community. The City of Santa Cruz is committed to providing a safe, supportive, and inclusive community for our youth, and the support for reopening the pool is an investment in that very community.

Thank you for your attention to this issue.

Respectfully,
Adrienne McConnell
Santa Cruz City Junior Guards Boosters
Co-President

25.10 Harvey West Pool
Update and Budget
Request
August 27, 2024

25.11 Harvey West
Pool
Background
Photo: Santa Cruz Sentinel, 4/29/2023

25.12 Harvey West Pool
Background
2001 – 2019
• Budget reductions and operational model changes
• Ad-hoc subcommittee of Council and Parks & Rec Commission 2020
• Adoption of 2030 Parks Master Plan
• City Council direction to expand services at Harvey West Pool 2022 -2024
• Parks & Rec exploration of partner opportunities with Jim Booth Swim School, Santa Cruz County, and RFP respondents • Major maintenance of the pool
• Pool Feasibility Study

25.13 Vision and
Guidance

25.14 Harvey West Pool
• Hybrid Operational Model
• Seeking approval of a budget adjustment of $400,000
• RFP for recreation services and pool programming
• Target opening date – Memorial Day 2025
• Planning for the future
• Pool Feasibility Study

25.15 25.16
Questions

25.17 City Council

AGENDA REPORT
DATE: 08/08/2024
AGENDA OF: 08/27/2024
DEPARTMENT: Public Works
SUBJECT: No-Parking Street Sweeping Pilot Program (PW)
RECOMMENDATION: Motion to:
1) Adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 1-4 during posted hours and direct the City Manager or designee to implement the 1-year pilot program;
2) Provide support and recommend parking restrictions for the pilot street sweeping program in Zones 5-6 and adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 5-6 during posted hours and direct the City Manager or designee to implement the 1-year pilot program upon approval of the Coastal Development Permit. Zones 5-6 are located within the Coastal Zone, the Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council; and 3) Direct staff to return before the conclusion of the No-Parking Street Sweeping Pilot Program with findings and recommendations.

BACKGROUND: This pilot program aims to improve street sweeping effectiveness, reduce trash from entering the Monterrey Bay National Marine Sanctuary, and ensure compliance with State Stormwater permit regulations by implementing No-Parking/Tow-Away zones during specific hours. Historically, the Public Works Resource Recovery division has provided street sweeping services citywide. The program attempts to sweep all commercial zones at least weekly and residential zones twice a month. Streets are typically swept following the refuse collection days. The City of Santa Cruz (City) has limited parking restrictions in place for street sweeping and parked vehicles often obstruct the sweepers’ access to the curb and gutter areas which reduces the effectiveness of the City’s sweeping operation. The street sweeper regularly needs to navigate around parked vehicles which results in missing 20-30 feet of curb on either side of the car. The trash accumulated in these curb and gutter areas eventually flows into the storm drains and ultimately to the Monterey Bay. The City is mandated by the State Stormwater permit and State Trash Amendment to reduce trash levels within city streets.

For several years, the City has utilized a third-party organization to access trash levels on city streets in accordance with the State Stormwater permit. These third-party trash assessments also provide staff data on the effectiveness of our sweeping program. While most of the city is categorized with “low” trash levels, several areas were identified with “moderate” trash levels.

26.1 These moderate trash areas are primarily the Ocean Street corridor, Soquel Drive and Water Street areas, the Harvey West area, and the far westside, primarily Delaware and Mission Stret Extension areas.

The No-Parking Street Sweeping Pilot Program was developed as a low cost/high impact tool to improve street sweeping efficiency in targeted areas. This pilot will also help assess how the program could be implemented in remaining moderate trash areas including residential areas with high street parking demand. The streets of concern and focus were initially organized into six sweeping zones to form the basis of pilot.

The No-Parking Street Sweeping Pilot program applies to all vehicle types and the program’s goal is to enhance street sweeping efficiency and reduce trash levels within City streets.

The Pilot Program was initially presented at the Transportation and Public Works Commission (TPWC) held on February 26, 2024. The TPWC passed a motion to recommend to City Council to adopt parking restrictions for the pilot street sweeping program in Zones 1-6, with the addition that staff provide an implementation plan that includes more details on enforcement and outreach and that staff provide an update on the project at some point in the pilot to the commission. The draft enforcement and outreach plan is attached for reference.

Zones 5 and 6 are located within the Local Coastal Zone therefore changes to parking require a Coastal Permit. On April 17, 2024, the City Zoning Administrator (ZA) approved the Coastal Permit and Design Permit (CP23-0144) for proposed limitation of hours of public parking and placement of new signage for sweeping of City streets within Zones 5-6 of the pilot program which are located within the Coastal Zone. The City will file a new FLAN (Final Local Action Notice) with the Coastal Commission after the 8/27 Council meeting. The Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council.

DISCUSSION: The pilot program has established six zones using the alternate side of the streets:
- Zones 1 and 2 are in the Harvey West area;
- Zones 3 and 4 are along the Ocean, Soquel, and Water Street corridors; and - Zones 5 and 6 are in on the far Westside in the Delaware area.

These areas are all currently swept, however parked cars restrict street sweeper access to the curb, gutter and bike lane, where most of the trash accumulates. The specific streets affected, along with the number of parking spaces impacted during the two-hour timeframe are listed below:

Zone 1 Wednesday:

Encinal Street from River Street to Dubois Street (30 spaces) Dubois Street to Harvey West Boulevard (23 spaces)
Harvey West Boulevard to Coral Street (58 spaces)
Coral Street to River Street (68 spaces)
Zone 2 Friday:

Coral Street from River Street to Harvey West Boulevard (30 spaces) Harvey West Boulevard from Coral Street to Dubois Street (61 spaces)

26.2 Dubois Street from Harvey West Boulevard to Encinal Street (30 spaces) Encinal Street to River Street (28 spaces)
Zone 3 Tuesday:

Ocean Street from Ocean Street Extension to Soquel Avenue (66 spaces) Soquel Avenue to Morrissey Boulevard (80 spaces)
Water Street from Morrissey Boulevard to North Branciforte Avenue (43 spaces) Zone 4 Thursday:

Water Street from Market Street to Poplar Avenue (41 spaces) Soquel Avenue from Poplar Avenue to Ocean Street (46 spaces) Ocean Street from Soquel Avenue to Plymouth Street (50 spaces) Zone 5 Tuesday (located in Coastal Zone):

Mission Street Extension from Swift Street to Natural Bridges Drive (67 spaces) Natural Bridges Drive to Delaware Avenue (80 spaces)
Delaware Avenue from Shaffer Road to Swift Street (140 spaces) Swanton Boulevard from Delaware Avenue to West Cliff Drive (79 spaces) Zone 6 Thursday (located in Coastal Zone):

Natural Bridges Drive from Delaware Avenue to Mission Street Extension (66 spaces) Mission Street from Western Drive to Swift Street (77 spaces) Delaware Avenue from Swift Street to Shaffer Road (147 spaces) Swanton Boulevard from West Cliff Drive to Delaware Avenue (45 spaces) As previously stated, Zones 5 and 6 are located within the California Coastal Commission coastal jurisdiction zone and required an administrative coastal permit. The coastal permit application (CP23-0144) was approved by the City’s Zoning Administrator. The Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council.

Communications and Outreach: Outreach elements will include use of a dedicated pilot program City website, warning signs on barricades prior to launch, and notices to businesses.

Parking Restrictions: The street sweeping pilot program will temporarily restrict parking for a 2- hour maximum period between the hours of 5AM and 7AM on alternate days. For example, the south side of the street would be swept on Tuesday and the north side would be swept on Thursdays. This would still allow some parking on the alternate side of the street during a sweeping day. The City has selected the 2-hour period from 5AM to 7AM to minimize the impact on residents, students, employers and coastal access. Timeframes may be adjusted within this 2-hour period. The pilot program will also exclude parking restrictions during holidays. To assure that the sweepers have access to these areas during this time period the areas would be posted with “No Parking Tow Away” signage. Signs will be posted on the existing signposts in all the areas wherever possible.

Citations: During the pilot program, the City intends to issue warning citations for all first-time violations of the program to assist with public outreach and education of the new parking restrictions. The City will be issuing parking citations with a $48.00 base violation amount for any subsequent parking violation related to the pilot street sweeping program. The City is also

26.3 developing an escalating citation fee schedule (example shown below) associated with this violation as a method to help reduce improper parking and will return to Council for future consideration of the fee schedule should initial efforts under current practices be deemed unsuccessful. Citations are eligible for appeal by the registered owner or operator of the vehicle.

While the City reserves the right to tow vehicles (Municipal Code 10.12.100) impeding access to properly conduct street sweeping operation at any time, towing is intended as a last resort outside of emergency situations or in advance of inclement weather events that pose a potential risk to safety and flooding.

Example of the escalating fee schedule:

Citation Description: NO PARKING AREA
Violation Code 10.40.040
- Base Violation Amount: $48.00
-1st Violation: Reduced to Warning
- 2nd Violation: $48.00
- 3rd Violation: $96.00
- 4th Violation and Beyond: $144.00
The No-Parking/Tow Away street sweeping pilot program is intended to be implemented in Fall of 2024 and last for a one-year period from the date of implementation. A 1-year minimum pilot is recommended to ensure sufficient data collection. The program will be evaluated throughout the implementation. Evaluation will include the successes and challenges with the pilot program locations. Metrics for evaluation include trash reduction levels, enforcement actions, findings and observations from street sweeper vehicle operators and public feedback during pilot program. Staff will also provide an update midway through the pilot to the TPWC.

The pilot is estimated to cost $50,000 for the manufacture and installation of the no-parking signs associated with this project. Since this program falls under current sweeping operation, there should be no increase in sweeping costs, it’s anticipated that it will improve the efficiency of the current sweeping efforts. There may be some increased costs related to parking control and towing, but those additional costs should be offset by the fines generated by noncompliance.

Plans and signage can be found at: www.cityofsantacruz.com/publicworksprojects FISCAL IMPACT: Funds are available in the FY 2025 operating budget in the Refuse Fund.

There is no impact to the General Fund.

Prepared By:

Eric Dhakni
Associate Planner II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. IMPLEMENTATION AND OUTREACH PLAN.PDF

3. COASTAL DEVELOPMENT PERMIT (CP23-0144).PDF

4. STREET SWEEPING PILOT PLANS 2024.PDF

26.4 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

TO APPROVE PARKING RESTRICTIONS FOR THE PILOT STREET SWEEPING

PROGRAM DURING POSTED HOURS AND DIRECT THE CITY MANAGER OR DESIGNEE TO IMPLEMENT THE 1-YEAR PILOT PROGRAM AND DIRECT STAFF TO

RETURN WITH FINDINGS AND RECOMMENDATIONS
WHEREAS, One of the primary functions of the City is ensuring public health and the well-being of the community; and
WHEREAS, Street sweeping is a critical operation for ensuring public health, maintaining cleanliness of City streets and protecting the water quality of local waterways; and WHEREAS, The City is mandated by the State Water Resources Control Board to reduce trash impacts to local waterways and the Monterey Bay; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz:
1) Adopts a resolution to approve parking restrictions for the pilot street sweeping program in Zones 1-4 during posted hours and direct the City Manager or designee to implement the 1-year pilot program; and
2) Provides support and recommend parking restrictions for the pilot street sweeping program in Zones 5-6 and adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 5-6 during posted hours and direct the City Manager or designee to implement the 1-year pilot program upon approval of the Coastal Development Permit. Zones 5-6 are located within the Coastal Zone, the Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council; and
3) Directs staff to return before the conclusion of the No-Parking Street Sweeping Pilot Program with findings and recommendations.

PASSED AND ADOPTED this 27th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

26.5 1
Implementation and Outreach Plan
No- Parking Street Sweeping Pilot Program
Prepared by the City of Santa Cruz Public Works Department 809 Center Street, Room 201
Santa Cruz, CA 95060
www.cityofsantacruz.com
831-420-5160

26.6 2
Purpose and Scope ............................................................................................. 3 Locations and Schedule ...................................................................................... 3 Public Notification & Outreach ........................................................................... 5 Evaluation and Metrics....................................................................................... 6

26.7 3
Purpose and Scope
Background
Street sweeping is a vital City provided service that removes debris and litter to enhance aesthetics, safety, and public and environmental health. For several years, the City has utilized a third-party organization to assess our streets for debris and trash in accordance with the City’s Regional Water Quality Control Board Stormwater permit . The City receives results from these assessments which show the effectiveness of our street sweeping program. The results from the trash assessments indicate that most of our City shows low trash areas. However, several areas in the City have been identified with “moderate trash levels.” Several of these areas are located in the Ocean Street corridor, Soquel Avenue and Water Street areas, the Harvey West area, and the far Westside, primarily Delaware and Mission Street Extension area.

Purpose
In order to optimize street sweeper cleaning efficiency and reduce trash levels, a pilot program will temporarily limit parking on alternate days from 5 AM to 7 AM. For example, on Tuesdays, parking will be restricted on the south side, and on Thursdays, on the north side. Some parking will still be available on the opposite side being swept. The City has selected the 2-hour time period from 5AM to 7AM in an effort to minimize the impact on residents, students, employers and coastal access.

This arrangement facilitates unrestricted access for street sweepers to effectively clean curbside areas, streamlining the street sweeping operation, and ensuring compliance with the City’s Stormwater permit regulations. To enforce street sweeper access, "No Parking Tow Away" signs will be posted on existing sign posts throughout the pilot area.

Locations and Schedule
Locations
The pilot program has designated six zones based on the alternate side of the streets. • Zones 1 & 2: Harvey West area
• Zones 3 & 4: Ocean, Soquel, and Water Street corridors • Zones 5 & 6: far Westside and the Delaware Avenue corridor.

These areas are currently swept, usually on a weekly basis. However, parked cars often impede access of the street sweeper to the curb, gutter, and bike lane, where trash tends to accumulate.

26.8 4
Schedule
The pilot program will temporarily limit parking on alternate days for a 2-hour maximum timeframe between 5 AM to 7 AM. Timeframes may be adjusted within this 2-hour period.

Zone 1 Wednesday
-Encinal from River Street to Du Bois St.
-Du Bois St. to Harvey West Blvd.
-Harvey West Blvd to Coral St.
-Coral St. to River St
Zone 2 Friday
-Coral Street from River Street to Harvey West
Boulevard
-Harvey West Boulevard from Coral Street to
Dubois Street
-Dubois Street from Harvey West Boulevard to
Encinal Street
-Encinal Street to River Street
Zone 3 Tuesday
-Ocean Street from Ocean Street Extension to
Soquel Avenue
-Soquel Avenue to Morrissey Boulevard
-Water Street from Morrissey Boulevard to
North Branciforte Avenue
Zone 4 Thursday
-Water Street from Market Street to Poplar
Avenue
-Soquel Avenue from Poplar Avenue to Ocean
Street
-Ocean Street from Soquel Avenue to
Plymouth Street
Zone 5 Tuesday
-Mission Street Extension from Swift Street to
Natural Bridges Drive
-Natural Bridges Drive to Delaware Avenue
-Delaware Avenue from Shaffer Road to Swift
Street
-Swanton Boulevard from Delaware Avenue to
West Cliff Drive
Zone 6 Thursday
-Natural Bridges Drive from Delaware Avenue
to Mission Street Extension

-Mission Street from Western Drive to Swift
Street
-Delaware Avenue from Swift Street to Shaffer
Road
-Swanton Boulevard from West Cliff Drive to
Delaware Avenue

26.9 5
Public Notification & Outreach
Signage
"No Parking Tow Away" signs will be posted on existing sign posts throughout the pilot area. The signs will indicate the specific days and times when street sweeping is scheduled.

Example of the sign is pictured below:

The City will also place outreach posters/notifications on barricades or sign poles within the project zones prior to the launch of the pilot program.

City Website
The City’s Public Works department has a website dedicated to the pilot street sweeping program. The interactive map on the website lists details for the specific streets affected and the number of parking spaces impacted during the no-parking timeframes. The City will continue to provide pilot program updates and outreach as needed on the City Website.

Parking Enforcement
WarningsDuring the pilot program phase, the City intends to issue warning citations for all first-time violations of the program in an effort to assist with public outreach and education of the new parking restrictions. No action is necessary for warning citations, and they do not need to be appealed. Warning citations are linked to the vehicles parking record.

Parking TicketsThe City will be issuing parking citations for any subsequent parking violation related to the pilot street sweeping program. The City is developing an escalating citation fee associated with this violation as a method to help reduce improper parking. Escalating citations fees have proven effective with helping

26.10 6
significantly reduce abuse of parking restrictions. Citations are eligible for appeal by the registered owner or operator of the vehicle. Evidence and justifications for reason why the citation was unavoidable are strongly recommended to support the appeal.

Example of Parking Enforcement process and escalating citations fees:

Citation Description: NO PARKING AREA
Violation
Code

10.40.040
Base
Violation
Amount
1st Violation 2nd Violation 3rd Violation 4th Violation and Beyond
Fine $48.00 Reduced to
Warning
$48.00 $96.00 $144.00
TowingWhile the City reserves the right to tow vehicles (Municipal Code 10.12.100) impeding access to properly conduct street sweeping operation at any time, towing is intended as a last resort outside of emergency situations or in advance of inclement weather events that pose a potential risk to safety and flooding.

Evaluation and Metrics
The City will evaluate the effectiveness of the pilot program locations. Evaluation will include the successes and challenges with the pilot program locations.

Metrics for evaluation include:
-Trash reduction levels based on visual trash assessments. -Enforcement action metrics including number of warnings, tickets or vehicle towed. -Findings and observations from street sweeper vehicle operators. -Public feedback during pilot program.

Staff will also provide an update on the project at some point in the pilot to the Transportation and Public Works Commission (TPWC).

26.11 ZONING PERMIT

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
809 Center Street ~ Room 101 ~ Santa Cruz, CA 95060 ~ (831) 420-5100 OWNER:
809 CENTER ST

SANTA CRUZ CITY OF
SANTA CRUZ CA 95060
APPLICANT: NATHAN NGUYEN, CITY ENGINEER
809 CENTER ST
SANTA CRUZ CA 95060
PROJECT #: CP23-0144
APN(s)/Address(es):
/NO SITUS ADDRESS
The following permit(s) was/were approved on 04/17/2024 by the Zoning Administrator and will be effective on 04/30/2024 unless appealed. If the final day for filing an appeal (ten calendar days following the approval date) occurs on a weekend day or holiday, the final filing date shall be extended to the following workday. If no appeal is filed, the effective date shall be the day after the final appeal filing date.
þ Coastal Permit*
þ Design Permit - Signage
This permit is issued to the owner of the property. In executing this permit, applicant/owner agrees to comply with all terms of permit(s), including conditions of approval, if any. Permit must be exercised within 36 months of date of issuance (above) unless otherwise indicated in conditions of approval. See reverse for information regarding appeals and property reassessment.

By:_____________________________
Samantha Haschert, Principal Planner
This Coastal Permit is appealable to the California Coastal Commission following appeal to the Planning Commission and City Council. Appeals must be filed within ten (10) working days after final action by City Council. There is no fee. Appeal forms are available in the Regional Office of the Coastal Commission: 725 Front St, Suite 300, Santa Cruz CA 95060.
* Coastal Permit -
CC: County Assessor's Office
File
Coastal Commission

26.12 In accordance with Chapter 24.04 of the Santa Cruz Municipal Code, any interested person may appeal a final action of a hearing body or staff. Appeal of a decision of the City Planning Director or the Zoning Administrator must be made to the Planning Commission through the Planning Department. Appeals of a decision of the City Planning Commission or Historic Preservation Commission must be made to the City Council through the City Clerk. All appeals must be made in writing and state the nature of the application and the basis upon which the decision is considered to be in error.

Appeals must be accompanied by the required appeal fee. **Appeals must be received no later than ten (10) calendar days following the action from which the appeal is being taken. If the tenth day falls on a weekend or holiday, the appeal period is extended to the next business day.

Whenever any permit is denied or withdrawn, no new application for the same or substantially the same project may be filed for a period of one year from the date of said denial or withdrawal. Where an application has been denied without prejudice, application for the same or substantially the same project may be filed within said period of one year.

In accordance with Section 65863.5 of the Government Code, a copy of this permit has been sent to the County Assessor. It is the Assessor's duty, under Section 402.2 of the Revenue and Taxation Code, to reassess the property to the extent permitted by law.

If, after receiving your notice of assessment, your opinion of value differs from the Assesor's valuation, you have the right of protest and appeal. Contact the Assessor's Office immediately to discuss the valuation. If there is still a difference of opinion, you may request a hearing before the Assessment Appeals Board. Application for such hearing must be filed in writing with the Clerk of the County Board of Supervisors, County Courthouse, 701 Ocean St, Santa Cruz CA 95060, between July 2 and August 26 of each tax year.

26.13 EXHIBIT "A"

CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT
Citywide at Select Locations in the Coastal Zone – CP23-0144 Coastal Permit and Design Permit for proposed limitation of hours of public parking and placement of new signage for sweeping of City streets in the public right-ofway on land within the Shoreline Protection Overlay/Coastal Zone

1. If one or more of the following conditions related to the safe parking program is not met with respect to all its terms, then the approval of a safe parking program at a specified location may be revoked.

2. If, upon exercise of this permit, the proposed use is at any time determined by the Zoning Administrator to be incompatible with the surrounding neighborhood, revocation of, or amendment to, this permit can occur.

3. All plans for future construction which are not covered by this review shall be submitted to the City Planning and Community Development Department for review and approval.

4. This permit shall be exercised within three (3) years of the date of final approval, or it shall become null and void.

5. The actions included in the subject permit applications shall remain independent of, and not impact, any action approved by CP23-0176.

6. The Street-Sweeping Pilot Program shall allow for limited-hours restrictions of on-street parking for perpetuity, subject to review by the Director of Planning and Community Development, in conjunction with the Director of Public Works.

7. The Director of Planning and Community Development, in conjunction with the Director of Public Works, shall be authorized to make minor modifications regarding the placement of signage and/or limitations of hours of on-street parking as deemed necessary to facilitate an effective Street Sweeping Program.

8. This permit shall allow for expansion of the Street Sweeping Pilot Program into additional areas of the City within the Coastal Zone, subject to review by the Director of Planning and Community Development in conjunction with the Director of Public Works.

9. The use shall meet the standards and shall be developed within limits established by Chapter

24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor,smoke, dust, vibration, wastes, fumes or any public nuisance arising or occurring incidental to its establishment or operation.

10. The applicant shall be responsible for the completeness and accuracy of all forms and supporting materialsubmitted in connection with any application. Any errors or discrepancies found therein may result in the revocation of any approval or permits issued in connection therewith.

11. While land disturbance is not anticipated as part of this permit, if, for whatever reason, land

26.14 disturbance associated with this permit occurs, any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource or paleontological resource, shall:
a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking; c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;
d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

26.15 LEGEND CITY LIMIT PROJECT LOCATION SHEET NAME 1 TITLE SHEET 2 PLAN 1 3 PLAN 2 4 PLAN 3 5 PLAN 4 6 PLAN 5 7 PLAN 6 8 DETAIL 1 1 9 13 1 2 3 5 6 7 9 10 11 # 12 13 14 16 COASTAL ZONE MISSION ST. DELAWARE AVE. HWY. 1 WATER ST. SOQUEL AVE. SOQUEL AVE. HIGH ST. BAY DR. SWIFT ST. MURRAY ST. SEABRIGHT AVE. MORRISSEY OCEAN ST. N. BRANCIFORTE AVE. CAPITOLA RD. REFERENCES DRAWING #: FIELD BOOK: DESIGN DATE DRAWN VAULT NO. SCALE SHEET OF P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F CHECKED P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F ## # C.M. C.M. JAN. 2024 NO SCALE 1 8 STREET SWEEPING PILOT PROGRAM 17 18 4 1519 208 21 22 2 34 5 6 7 8 1011 12 15 14 16 17 18 20 21 22 19 26.16 River St RIVER ST ENCINAL ST LIMEKILN ST A A A A A B A A A A B A B POST ST. River St RIVER ST ENCINAL ST LIMEKILN ST A A A A A B A A A A B A B E E E E E E E E G G G G G E POST ST. ENCINAL ST A B A A A A A A B A B B B A A E E E E E E E EG G G G G G G E C E C POST ST. A A A B B A E E E G G G E C A A A A B B E E G G G C E REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # PLAN SHEET 1 PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 2 8 1 ENCINAL ST. (ZONE 1) BTWN. RIVER ST. AND MATCHLINE A-A 2 ENCINAL ST. (ZONE 1) BTWN. MATCHLINE A-A AND DU BOIS ST. 3 DU BOIS ST. (ZONE 1) BTWN. ENCINCAL ST. AND MATCHLINE B-B CONSTRUCTION NOTES A EXISTING CITY STANDARD POST (SEE DETAIL 1 AND 2) B EXISTING CITY STREETLIGHT (SEE DETAIL 1 AND 2) C NEW CITY STANDARD POST (SEE DETAIL 1 AND 2) D INSTALL NEW STREET SWEEPING ON TUESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) E INSTALL NEW STREET SWEEPING ON WEDNESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) F INSTALL NEW STREET SWEEPING ON THURSDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) G INSTALL NEW STREET SWEEPING ON FRIDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) H REMOVE EXISTING STREET SWEEPING SIGNS * ADJUST EXISTING SIGNS TO REMAIN IN PLACE, AS NEEDED ** USE POST EXTENSION, AS NEEDED TO INSTALL SIGN 4 DUBOIS ST (ZONE 1) BTWN. MATCHLINE A-A AND MATCHLINE C-C Quantities: (6)A (2)B (5)E (3)G Quantities: (8)A (4)B (8)E (6)GQuantities: (3)A (2)B (1)C (4)E (2)G Quantities: (2)A (2)B (1)C (3)E (2)G SCALE: 1:50 SCALE: 1:50 SCALE: 1:40 SCALE: 1:40 26.17 A A A A A A B A A B B B A B C C A A A A AA A A A B A A A A B A B A A C A A A A A A A B A A B B B A B E E E E E E E G G G G G G G G C E C E A E A A A AA A A A B E E E EG G G G G A A A A B A B A E E E E G G G G E C A A A A A A A G A AA E E E H H H G G G G G C E A A A AA A A A B E E E EG G G G G A A A A B A B A E E E E G G G G E C 5 HARVEY WEST BLVD. (ZONE 1) BTWN. MATCHLINE C-C AND SYLVANIA AVE. REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # PLAN SHEET 2 PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 3 8 6 HARVEY WEST BLVD. (ZONE 1) BTWN. SYLVANIA AVE. AND CORRAL ST. 7 CORRAL ST. (ZONE 1) BTWN. HARVEY WEST BLVD. AND MATCHLINE F-F CONSTRUCTION NOTES A EXISTING CITY STANDARD POST (SEE DETAIL 1 AND 2) B EXISTING CITY STREETLIGHT (SEE DETAIL 1 AND 2) C NEW CITY STANDARD POST (SEE DETAIL 1 AND 2) D INSTALL NEW STREET SWEEPING ON TUESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) E INSTALL NEW STREET SWEEPING ON WEDNESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) F INSTALL NEW STREET SWEEPING ON THURSDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) G INSTALL NEW STREET SWEEPING ON FRIDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) H REMOVE EXISTING STREET SWEEPING SIGNS * ADJUST EXISTING SIGNS TO REMAIN IN PLACE, AS NEEDED ** USE POST EXTENSION, AS NEEDED TO INSTALL SIGN 8 CORRAL ST. (ZONE 1) BTWN. MATCHLINE F-F AND RIVER ST. Quantities: (8)A (3)B (7)E (5)G Quantities: (6)A (1)B (3)E (4)G Quantities: (4)A (2)B (1)C (3)E (3)G Quantities: (9)A (3)E (6)G SCALE: 1:50 SCALE: 1:30 SCALE: 1:40 SCALE: 1:50 26.18 2+00 3+00 4+00 5+00 6+00 7+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 0+00 8+00 D D A D A A A A A A A B D D D D D D F F F A F C A 14+00 15+00 16+00 18+00 19+00 20+00 22+00 23+00 24+00 25+00 17+00 21+00 A A A A A A A A C C C C A A A A C D D D D D D D D D DF F F F F F F MATCHLINE H-H C C C C A A C A A A C C A B C D D D D D D D F F F F F F F F A A D A B B B A B D D D D D F F 9 OCEAN ST. (ZONE 2) BTWN. OCEAN ST. EXT. AND MATCHLINE G-G REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # PLAN SHEET 3 PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 4 8 10 OCEAN ST. (ZONE 2) BTWN. MATCHLINE G-G AND MATCHLINE H-H OCEAN ST. (ZONE 2) BTWN. MATCHLINE H-H AND SOQUEL AVE. CONSTRUCTION NOTES A EXISTING CITY STANDARD POST (SEE DETAIL 1 AND 2) B EXISTING CITY STREETLIGHT (SEE DETAIL 1 AND 2) C NEW CITY STANDARD POST (SEE DETAIL 1 AND 2) D INSTALL NEW STREET SWEEPING ON TUESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) E INSTALL NEW STREET SWEEPING ON WEDNESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) F INSTALL NEW STREET SWEEPING ON THURSDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) G INSTALL NEW STREET SWEEPING ON FRIDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) H REMOVE EXISTING STREET SWEEPING SIGNS * ADJUST EXISTING SIGNS TO REMAIN IN PLACE, AS NEEDED ** USE POST EXTENSION, AS NEEDED TO INSTALL SIGN 12 SOQUEL AVE. (ZONE 2) 11 BTWN. OCEAN ST. AND MATCHLINE I-I Quantities: (10)A (1)B (1)C (8)D (4)F Quantities: (10)A (2)C (7)D (5)F Quantities: (4)B (1)C (4)D (1)F SCALE: 1:40 SCALE: 1:50 Quantities: SCALE: 1:100 SCALE: 1:100 (6)A (1)B (8)C (7)D (8)F 26.19 C C B C C C MATCHLINE I-I B A A A A C B B B C B B B B C D D D D D D D D D F F F F F F A A A A A A A A D D D D D D F F A F A F F A A A A A A A A A A A A A A D D D D D D D D D D D F F F D A F A A F A F D A CC C C C C A A A A A A D D D D F F 13 SOQUEL AVE. (ZONE 2) BTWN, MATCHLINE I-I AND MATCHLINE J-J REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # PLAN SHEET 4 PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 5 8 14 SOQUEL AVE. (ZONE 2) BTWN. MATCHLINE J-J AND MORRISSEY BLVD 15 WATER ST. (ZONE 2) BTWN. MORRISSEY BLVD. AND MATCHLINE L-L CONSTRUCTION NOTES A EXISTING CITY STANDARD POST (SEE DETAIL 1 AND 2) B EXISTING CITY STREETLIGHT (SEE DETAIL 1 AND 2) C NEW CITY STANDARD POST (SEE DETAIL 1 AND 2) D INSTALL NEW STREET SWEEPING ON TUESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) E INSTALL NEW STREET SWEEPING ON WEDNESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) F INSTALL NEW STREET SWEEPING ON THURSDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) G INSTALL NEW STREET SWEEPING ON FRIDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) H REMOVE EXISTING STREET SWEEPING SIGNS * ADJUST EXISTING SIGNS TO REMAIN IN PLACE, AS NEEDED ** USE POST EXTENSION, AS NEEDED TO INSTALL SIGN 16 WATER ST. (ZONE 2) BTWN. MATCHLINE L-L AND BRANCIFORTE AVE Quantities: (4)A (7)B (3)C (8)D (6)F Quantities: (8)A (6)D (2)FQuantities: (17)A (11)D (6)F Quantities: (5)A (3)D (2)F SCALE: 1:50 SCALE: 1:50 SCALE: 1:100 SCALE: 1:100 26.20

B C AA A A A A A A A A A A A A A A A A AA A A A A A A A A A A A A A A A A C A B D D D D D D D D D D F F F F F F F F F F F D A A-A MATCHLINE A A B A B A A A B A A A B A A AA A A B B B B A A A A A A A A A A A D D D D D D D D F F F F F F F F F F F C D A MATCHLINE A-A A A A A A A A B B B BA A A A AA A C A A A D D D D D D D D D F F F F F F F F F F D B D 17 MISSION ST. EXT. (ZONE 3) BTWN. SWIFT AND NATURAL BRIDGES DR. REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # PLAN SHEET 5 PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 6 8 18 NATURAL BRIDGES DR. (ZONE 3) BTWN. MISSION ST. EXT. AND DELAWARE AVE. 19 DELAWARE AVE. (ZONE 3) BTWN. SHAFFER RD. AND MATCHLINE O-O CONSTRUCTION NOTES A EXISTING CITY STANDARD POST (SEE DETAIL 1 AND 2) B EXISTING CITY STREETLIGHT (SEE DETAIL 1 AND 2) C NEW CITY STANDARD POST (SEE DETAIL 1 AND 2) D INSTALL NEW STREET SWEEPING ON TUESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) E INSTALL NEW STREET SWEEPING ON WEDNESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) F INSTALL NEW STREET SWEEPING ON THURSDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) G INSTALL NEW STREET SWEEPING ON FRIDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) H REMOVE EXISTING STREET SWEEPING SIGNS * ADJUST EXISTING SIGNS TO REMAIN IN PLACE, AS NEEDED ** USE POST EXTENSION, AS NEEDED TO INSTALL SIGN Quantities: (18)A (1)B (1)C (10)D (10)F Quantities: (11)A (4)B (1)C (7)D (9)F Quantities: (10)A (5)B (3)C (9)D (9)F SCALE: 1:80 SCALE: 1:60 SCALE: 1:80 26.21 A A A A A C C C C A C A C C C A A A A A D D D D D F F F F F D C A A A A A A A A A C MATCHLINE E-E A A C A C A A A A A A A A A D F F D D D D F F F F F F F A A A A A A A A A A A B B B B B B A A A D D D D D D D F F F F F F F F F F 20 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # PLAN SHEET 6 PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 7 8 21 SWANTON BLVD. (ZONE 3) BTWN. DELAWARE AVE AND MATCHLINE Q-Q CONSTRUCTION NOTES A EXISTING CITY STANDARD POST (SEE DETAIL 1 AND 2) B EXISTING CITY STREETLIGHT (SEE DETAIL 1 AND 2) C NEW CITY STANDARD POST (SEE DETAIL 1 AND 2) D INSTALL NEW STREET SWEEPING ON TUESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) E INSTALL NEW STREET SWEEPING ON WEDNESDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) F INSTALL NEW STREET SWEEPING ON THURSDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) G INSTALL NEW STREET SWEEPING ON FRIDAY SIGN WITH TOW AWAY SIGN (SEE DETAIL 1,2,3) H REMOVE EXISTING STREET SWEEPING SIGNS * ADJUST EXISTING SIGNS TO REMAIN IN PLACE, AS NEEDED ** USE POST EXTENSION, AS NEEDED TO INSTALL SIGN DELAWARE AVE. (ZONE 3) BTWN. MATCHLINE M-M AND SWIFT ST. SWANTON BLVD. (ZONE 3) BTWN. MATCHLINE Q-Q AND WEST CLIFF DR. 22 Quantities: (8)A (6)B (7)D (7)F Quantities: (9)A (3)D (6)F Quantities: (6)A (5)C (6)D (5)F SCALE: 1:60 SCALE: 1:50 SCALE: 1:50 26.22 DETAIL 2 - CITY STANDARD POST INSTALLATION REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # DETAILS PILOT PROGRAM STREET SWEEPING # # C.M. JAN. 2024 AS SHOWN 8 8 DETAIL 1 - STREET SEGMENT SIGN *Dimensions are only for the NO PARKING sign (R108 CA Modified) **Replace "XXXXX" with appropriate day of the week in R108 CA Modified sign ***Total of 242 new R108 CA Modified signs D - 96 total signs E - 35 total signs F - 80 total signs G - 31 total signs *Total of 29 new post installations 7 26.23 No-Parking Street
Sweeping Pilot Program
Associate Planner II, Eric Dhakni
Public Works Department
City Council Meeting
August 27, 2024

26.24 1 Regulatory background
2 Pilot Program overview
3 Implementation & Outreach
Agenda
4 Staff Recommendation

26.25 Trash provisions become effective
December 2, 2015
MS4 Permit reissuance will include trash
implementation requirements
Final compliance no later than December 2030
Regulatory Background
Statewide Trash Provisions
• City’s MS4 Stormwater Permit issued by the State Water Board • Mandated trash provisions that prohibit the discharge of trash to waters of the State
City follows Track 2:
• Install, operate, and maintain some capture systems along with municipal controls (e.g. bans, ordinances, street sweeping , outreach, cleanups)
• Develop a Trash Implementation Plan
• Included parking restrictions for scheduled street sweeping • Pilot Program Purpose: More trash/debris collected and diverted from waterways (creeks, rivers, and ocean) if curbs and gutters are accessible to the City street sweeper
• Compliance with State Water Board trash provisions

26.26 Regulatory Background
Existing Santa Cruz Municipal Code:
• 10.40.040(g) NO PARKING AREAS- On any street or highway where the use of such street or highway or a portion thereof is necessary for cleaning, provided that signs giving notice that such vehicle may be removed are erected or placed
• 10.12.100 (3) WHEN VEHICLES MAY BE REMOVED FROM STREETS- Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for cleaning, provided that signs giving notice that such vehicle may be removed are erected or placed

26.27 Pilot Program Overview
• No Parking, 5 AM - 7 AM, alternate days of the week
• Enables parking on the alternate side of the street during a sweeping day • 6 zones: Selected based on past trash levels and predominantly commercial areas
• 1-year pilot program
• Implementation Fall 2024

26.28 Ocean, Soquel, Water St.
3 - Tuesday
4 - Thursday
Westside
5 - Tuesday
6 - Thursday
Harvey West
1 - Wednesday
2 - Friday
Pilot Locations
• Zones 1 & 2- Harvey West
• Zones 3 & 4- Ocean, Soquel, Water St.
• Zones 5 & 6- Westside area

26.29 Implementation & Outreach
 Scheduled Zones (1-6)
 Public Notification and Outreach:
 Signage
 Notices to businesses
 City website, interactive map and updates
 Parking enforcement:
 Warnings- for all first-time violations
 Parking Citations- base violation amount, escalating citation fee schedule* * under development- if deemed necessary will be brought forward for future council approval
 Towing- intended as a last resort
 Evaluation and Metrics:
 Visual trash assessments
 Total number of enforcement actions (e.g., warnings, tickets, towed vehicles)  Findings from street sweeper operators and public feedback

26.30 Staff Recommendation
Motion for City Council to:
1) Adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 1-4 during posted hours and direct the City Manager or designee to implement the 1-year pilot program; 2) Provide support and recommend parking restrictions for the pilot street sweeping program in Zones 5-6 and adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 5-6 during posted hours and direct the City Manager or designee to implement the 1-year pilot program upon approval of the Coastal Development Permit. Zones 5-6 are located within the Coastal Zone, the Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council; and 3) Direct staff to return before the conclusion of the No-Parking Street Sweeping Pilot Program with findings and recommendations.

26.31 No-Parking Street
Sweeping Pilot Program
Associate Planner II, Eric Dhakni

26.32 City Council

AGENDA REPORT
DATE: 08/09/2024
AGENDA OF: 08/27/2024
DEPARTMENT: City Clerk
SUBJECT: Ordinance Amending Chapter 2.40, Boards and Commissions, Related to the Membership Term Year for the Commission for the Prevention of Violence Against Women (CPVAW) (CC)
RECOMMENDATION: Introduce for publication an ordinance amending Chapter 2.40, Boards and Commissions, related to the membership term year for the Commission for the Prevention of Violence Against Women.

BACKGROUND: Ordinance No. 81-29 was adopted, establishing the Commission for the Prevention of Violence Against Women. At the time the Commission was created, Commissioner term year began January 1st and would end December 31st.

DISCUSSION: In 2021, Council approved a change to the membership term year for all City Commissions, with the exception of CPVAW. The City Clerk is requesting that CPVAW Commissioner term year be changed to February 1st to January 31st to align with those of members from other commissions. The reason for this proposed change would be to provide consistency across the advisory bodies which will streamline the annual advisory body appointment process for staff, but also will help ensure no service gaps, thus creating lack of a quorum at a public meeting.

Though CPVAW was created via a citizen initiative, the measure language included the below, which allows Council to approve this requested change:
"The City Council may, from time to time, amend this ordinance to more effectively carry out it's purpose. However, no part of this ordinance may be substantially amended or repealed without a vote of the people. "
FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE - CLEAN.DOCX

2. ORDINANCE - TRACK CHANGES.DOCX

27.1 ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 2.40, BOARDS AND COMMISSIONS, SECTION 2.40.110, ESTABLISHMENT OF COMMISSION FOR

PREVENTION OF VIOLENCE AGAINST WOMEN, OF THE SANTA CRUZ MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Chapter 2.40 – Boards and Commissions is hereby amended at Section 2.40.110 – Establishment of Commission for Prevention of Violence Against Women to read as follows:
“2.40.110 ESTABLISHMENT OF COMMISSION FOR PREVENTION OF VIOLENCE AGAINST WOMEN.

Pursuant to Initiative Ordinance No. 81-29, there is hereby established a commission of the city of Santa Cruz to be known as the commission for the prevention of violence against women. Each commissioner shall serve a four-year term of office beginning February 1st If the nominating councilmember leaves office prior to the expiration of the councilmember’s term, the commissioner’s term shall expire with the councilmember’s term and the succeeding councilmember shall nominate a new commissioner to fill the unexpired term.”
PASSED FOR PUBLICATION this 27th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

27.2 ORDINANCE NO. 202X-XX
2 PASSED FOR FINAL ADOPTION this 10th day of September, 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. 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

27.3 ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 2.40, BOARDS AND COMMISSIONS, SECTION 2.40.110, ESTABLISHMENT OF COMMISSION FOR

PREVENTION OF VIOLENCE AGAINST WOMEN, OF THE SANTA CRUZ MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Pursuant to Initiative Ordinance No. 81-29, there is hereby established a commission of the city of Santa Cruz to be known as the commission for the prevention of violence against women. Each commissioner shall serve a four-year term of office beginning February January 1
st , after commencement of the term of office of the councilmember who nominated the commissioner; provided, that iIf the nominating councilmember leaves office prior to the expiration of the councilmember’s term, the commissioner’s term shall expire with the councilmember’s term and the succeeding councilmember shall nominate a new commissioner to fill the unexpired term.”
PASSED FOR PUBLICATION this 27th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

27.4 ORDINANCE NO. 202X-XX
2 PASSED FOR FINAL ADOPTION this 10th day of September, 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. 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

27.5 City Council

AGENDA REPORT
DATE: 08/13/2024
AGENDA OF: 08/27/2024
DEPARTMENT: City Council
SUBJECT: Award Professional Service Agreement to Intelligent Partnerships to Explore Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN)
RECOMMENDATION: Motion to:
1) Award a professional services agreement to Intelligent Partnerships to conduct a feasibility study of the potential options and implications of adopting either a Community Work Force Agreement (CWA) or Project Labor Agreement (PLA); and
2) Authorize the City Manager to execute said agreement in the form approved by the City Attorney. The Water and Public Works Directors are authorized to execute contract amendments within the approved budget.

BACKGROUND: On December 12, 2023, City Council 1) directed staff to issue a Request for Proposals to perform a feasibility study of potential options and implications related to the City entering into a Community Workforce Agreement (CWA) or Project Labor Agreement (PLA) and 2) appointed an ad hoc Council subcommittee comprised of Mayor Keeley, and Councilmembers Watkins and Newsome on the planned evaluation.

DISCUSSION: In late March of 2024, staff issued a Request for Qualifications for consultant services. A total of four Statement of Qualifications (SOQ) were submitted. City staff and the ad hoc Council subcommittee, along with two representatives of the Monterey-Santa Cruz Counties Building and Construction Trades Council, reviewed and ranked the SOQ’s. Ultimately, Intelligent Partnership (IP) was selected as the highest ranking consultant. Staff performed final negotiations over scope of work, schedule, and cost, all of which was reviewed and approved by the selection committee and is included in the attached professional services agreement.

The work will be organized into several deliverables as summarized below and culminate in a presentation to City Council.
• Background Characteristics if Labor Agreements
• Santa Cruz Specific Context (including outreach to local stakeholders) • Draft and Final Feasibility Assessment.
• Full Council Presentation

28.1 The feasibility study will start August 2023, and finish in March 2024.

FISCAL IMPACT: The consultant cost for the CWA/PLA feasibility study is $176,500. Since this work impacts all Capital Investment Projects, the cost is split is proposed $25,000 General Fund, $80,000 Water fund, $50,000 Wastewater fund, and $21,500 Refuse fund.

Submitted By:

Fred Keeley
Mayor
Submitted By:

Martine Watkins
Councilmember
Submitted By:

Scott Newsome
Councilmember
ATTACHMENTS:

1. INTELLIGENT PARTNERS PROFESSIONAL SERVICES AGREEMENT.PDF

28.2 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 1
Professional Services Agreement With

INTELLIGENT PARTNERSHIPS
For CWA-PLA FEASIBLITY STUDY
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Intelligent Partnerships (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

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

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

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

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

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

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

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

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

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

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $176,500 without advance written City authorization in the form of an amendment or change order.

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

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

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

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

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 1 year beginning on the effective date of this Agreement and terminating on [ _____________ 20__, upon completion of the Scope of Work.

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

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

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

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

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

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

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

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

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

SECTION 9: INSURANCE

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

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

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

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

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

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

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

SECTION 14: MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

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

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

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents,

28.7 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 6
representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.

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

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

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of

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

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

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

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to

28.9 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 8
respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

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

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

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5;

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

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

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

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

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

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performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

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

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

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

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

To CITY:

Public Works Department
Kevin Crossley, Assistant Director
809 Center St., Room 201
Santa Cruz, CA 95060
831-420-5164
[email protected]
To CONSULTANT:

Intelligent Partnerships
Daniel Villao, CEO
3753 Howard Hughes Parkway
Suite 200 – PMP 1293
Las Vegas, NV 89169
(877) 234-9737
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

28.12 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 11
[SIGNATURES ON FOLLOWING PAGE]

28.13 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 12
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

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

28.14 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 13
EXHIBIT A: SCOPE OF WORK

28.15 CITY OF SANTA CRUZ

SCOPE OF WORK
Project Background
The Santa Cruz City Council has taken action to initiate an assessment of the feasibility and implications of adopting either a Community Workforce Agreement (CWA), which provides a broader, all-encompassing framework for the implementation of the City’s capital improvement projects in partnership with labor organizations, or a more project specific Project Labor Agreement (PLA) framework for implementing qualifying projects, typically triggered by total estimated project cost, in collaboration with contractors with collective bargaining agreements in place for their employees.

To support this planned review, the mayor appointed a Council Subcommittee to review the analyses that will be conducted by the selected consultant and staff and make recommendations on this topic to the full Council. Subcommittee members include Mayor Keeley and Councilmembers Watkins and Newsome.

Scope of Work Description
The City of Santa Cruz seeks to evaluate the feasibility and implications of adopting a Community Workforce Agreement (CWA) or a Project Labor Agreement (PLA) for its capital improvement projects. Intelligent Partnerships will support this assessment by providing detailed analysis, insights, and recommendations to the City Council and a designated Subcommittee.

Tasks

1. Review Existing Municipal Code: Analyze current provisions related to public works contracts, including local hire, apprenticeship, and other relevant regulations.

2. Historical Context: Provide a historical and legal basis for labor agreements focusing on their purposes, benefits, and risks.
a. Assess the differences between CWAs and PLAs
b. Analyze the benefits and risks associated with and without labor agreements through case studies and existing research.
c. Provide general guidelines and educational materials regarding PLAs/CWAs, including answers to common misconceptions and myths about labor agreements through case studies and existing research.
d. Create comparative matrix evaluating study outcomes regarding the implementation of PLAs/CWAs with an emphasis on best practices.

28.16 3. Identify Key Issues: Examine issues typically monitored by labor agreements, such as prevailing wage/benefits, worker classification, drug testing, pre-apprenticeship training, apprenticeships, hiring priorities, labor availability, and trends. a. Stakeholder perspectives, including local unions, open shop businesses, contractors, and the community through interviews and surveys. b. Evaluate the composition and availability of the local construction, skilled trades, green economy sectors, and project sizes using publicly available data. c. Analyze cost implications, including project costs, contractor bidding experiences, and monitoring/management costs based on adoption from city municipalities similar to Santa Cruz using publicly available data. d. Identify potential barriers (e.g., access to capital, insurance, navigation of process, etc.) that businesses face when bidding on projects, securing contracts, and performing capital projects based on the findings from similar municipalities and existing case studies.

4. Success Factors: Identify what makes CWAs/PLAs successful from the perspective of local government and evaluate the characteristics of communities where these agreements have been effective and challenging.
a. Investigate the feasibility and potential impact of labor agreements in Santa Cruz based on Key Issues identified, contract amount threshold considerations, and project hours/material cost ratio considerations.
b. Study similar experiences from other communities using CWAs/PLAs or alternative workforce development approaches.
c. Provide recommendations and resources to the City based on the feasibility assessment findings, such as consideration of PLA/CWA policies and/or alternative policies similar to PLA/CWA initiatives adopted by other similar municipalities.

5. General Support: Provide professional support to the City’s subcommittee staff and members, including:
a. Collaboration with City staff throughout the project. b. Attend meetings and provide progress reports to the subcommittee and other key stakeholders if needed.

28.17 c. Provide subject matter expertise access in support to City staff throughout the process.
d. Respond to questions and requests for clarifications regarding Labor Agreements and project findings within 48 hours.
e. Provide educational materials on PLAs/CWAs as needed based on feasibility assessment.

Deliverables

1. Background Characteristics of Labor Agreements Report a. Comprehensive Report: This report will provide an in-depth analysis of labor agreements, including historical context, key components, comparative analysis across different regions, and trends in labor agreements. It will gather data from various sources, such as academic papers, government reports, and industry publications.
b. Presentation: A PowerPoint presentation summarizing the key findings from the comprehensive report. It will highlight important information such as major trends, critical elements of labor agreements, and significant comparisons.

2. Santa Cruz Specific Context Part 1 Report
a. Comprehensive Report: This report will focus on the specific context of labor agreements in Santa Cruz. It will cover demographic information, economic conditions, industry presence, and existing labor laws and regulations in Santa Cruz.
b. Presentation: A PowerPoint presentation distilling the report's essential points.

Key highlights will include demographic and economic statistics, major industries, and pertinent local labor laws.

3. Santa Cruz Specific Context Part 2 Report
a. Comprehensive Report: Building on Part 1, this report will examine labor market dynamics, union presence and activities, historical labor disputes, and case studies of local labor agreements in Santa Cruz.
b. Presentation: A PowerPoint presentation summarizing the main findings.

Highlights will include labor market analysis, union activities, significant labor disputes, and case study outcomes.

4. Draft Summary Report and Feasibility Assessment

28.18 a. Comprehensive Report: This draft report will compile and synthesize findings from the previous reports to provide an overall summary. It will also include a feasibility assessment outlining the benefits and drawbacks of implementing labor agreements in Santa Cruz based on the gathered data.
b. Presentation: A PowerPoint presentation outlining the draft summary and feasibility assessment. Key points will cover summarized findings from all reports and the preliminary feasibility conclusions.

5. Final Findings and Feasibility Assessment Report
a. Comprehensive Report: The final report will refine and finalize the findings and feasibility assessment outlining the benefits and drawbacks based on feedback received from the draft report. It will offer detailed recommendations on a labor agreement.
b. Presentation: A PowerPoint presentation presenting the final findings and feasibility assessment. It will highlight the finalized data, key recommendations, and actionable next steps.

6. Full Council PowerPoint Presentations Summarizing Research Findings And Analysis a. Presentation: A PowerPoint presentation designed for the full council, summarizing the entire research project, key findings, feasibility assessments, outlining the benefits and drawbacks, and final recommendations. This presentation will be crafted to facilitate decision-making and include visual aids to support the findings.

Assumptions

1. The City shall provide supporting documentation needed to complete the work.

2. Reports shall be submitted in editable Word, Excel, PDF, and/or PowerPoint formats, as directed by the Project Manager and/or Subcommittee.

3. The City will coordinate policy discussion meeting schedules.

4. Meetings will be virtual and held via Microsoft Teams unless both parties mutually agree to meet in person.

28.19 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 14
EXHIBIT B: FEE SCHEDULE

28.20 Project:

Timeline:

Work Elelment Description Labr Relations
Specilaist Project Coordinator PLA/CWA Specilaist Client & Data Specilaist
Contract Admin &
Support
Communications
Support Total Hours

1.0 Meeting #1: Initial meeting with Council Subcommittee 2 1 2 4 1 2 12 Draft Background of Labor Agreements Report 20 8 32 40 8 12 120 Final Background of Labor Agreements Report 4 6 8 10 6 4 38

2.0 Meeting #2 – Background & Presentation 2 1 2 4 1 2 12 Draft Characteristics of Labor Agreements Report 16 8 26 40 8 12 110 Final Characteristics of Labor Agreements Report 4 6 8 10 6 4 38

3.0 Meeting #3 – Characteristics of Labor Agreements & Presentation 2 1 2 4 1 2 12 Draft Santa Cruz Specific Context Part 1 Report 24 10 40 70 10 20 174 Final Santa Cruz Specific Context Part 1 Report 4 6 8 10 6 4 38

4.0 Meeting #4: Context-Specific to Santa Cruz – Part 1 & Presentation 2 1 2 4 1 2 12 Draft Santa Cruz Specific Context Part 2 Report 24 10 40 70 10 20 174 Final Santa Cruz Specific Context Part 2 Report 4 6 8 10 6 4 38

5.0 Meeting #5: Context-Specific to Santa Cruz – Part 2 & Presentation 2 1 2 4 1 2 12 Draft Summary Report and Feasibility Assessment 16 10 32 50 10 16 134 Final Summary Report and Feasibility Assessment 4 6 8 10 6 4 38

6.0 Meeting #6: Summary Report and Feasibility Assessment Findings & Presentation 2 1 2 4 1 2 12 Draft Combined Final Report of all Tasks and Findings 18 10 24 32 10 12 106 Final Combined Final Report of all Tasks and Findings 4 8 8 10 8 4 42

7.0 Last review/edits, final report & draft final presentation 12 10 24 30 10 10 96 Meeting #7: Full Council Discussion & Final Presentation 2 2 2 4 2 2 14 Labor Hours 168 112 280 420 112 140 1232
Rates $ 250.00 $ 150.00 $ 125.00 $ 125.00 $ 100.00 $ 100.00 Labor Total $ 42,000.00 $ 16,800.00 $ 35,000.00 $ 52,500.00 $ 11,200.00 $ 14,000.00 $ 171,500.00 Travel Expenses $ 5,000.00
Project Total $ 176,500.00
City of Santa Cruz
Multi-Factor Feasibility Assessment of Using CWA/PLA for City Capital Improvement Programs or Projects August 15, 2024 - March 15, 2025
IP designs team deployment in accordance with anticipated project needs. The recommended team mix accounts for desired savings with a responsive mix of anticipated skill sets at levels IP assumes would maximize client benefit. The hourly utilization rates are based on IP’s experience in anticipated project demand. Intelligent Partnerships will only bill for time and material used each month.

28.21 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 15
EXHIBIT C: WORK SCHEDULE

28.22 Proposed Project Timeline
The proposed project timeline outlines a structured approach to assisting the city in exploring and establishing a PLA or CWA program. Spanning over seven months, the timeline delineates key phases, activities, and anticipated durations aimed at facilitating comprehensive needs assessment, feasibility analysis, stakeholder engagement, proposal development, review, and finalization. By following this timeline, IP will guide a systematic process, ensuring alignment with goals, addressing stakeholder concerns, and ultimately fostering the creation of a robust framework analysis for the city.

Task Action / Task Schedule
1 Meeting #1: Initial meeting with Council Subcommittee 8/15/2024 Draft Background of Labor Agreements Report 8/30/2024
Final Background of Labor Agreements Report 9/13/2024
2 Meeting #2 – Background & Presentation 9/20/2024
Draft Characteristics of Labor Agreements Report 9/27/2024 Final Characteristics of Labor Agreements Report 10/4/2024 3 Meeting #3 – Characteristics of Labor Agreements & Presentation 10/11/2024 Draft Santa Cruz Specific Context Part 1 Report 11/8/2024 Final Santa Cruz Specific Context Part 1 Report 11/15/2024 4 Meeting #4: Context-Specific to Santa Cruz – Part 1 & Presentation 11/22/2024 Draft Santa Cruz Specific Context Part 2 Report 12/20/2025 Final Santa Cruz Specific Context Part 2 Report 1/24/2025 5 Meeting #5: Context-Specific to Santa Cruz – Part 2 & Presentation 2/7/2025 Draft Summary Report and Feasibility Assessment 2/14/2025 Final Summary Report and Feasibility Assessment 2/28/2025 6 Meeting #6: Summary Report and Feasibility Assessment Findings & Presentation 1/17/2025 Draft Combined Final Report of all Tasks and Findings 2/7/2025 Final Combined Final Report of all Tasks and Findings 2/21/2025 7 Last review/edits, final report & draft final presentation 3/7/2025 Meeting #7: Full Council Discussion & Final Presentation 3/14/2025

28.23 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

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

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work.
 AUTOMOBILE LIABILITY:

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

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

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

28.25 City of Santa Cruz Professional Services Agreement for CWA-PLA Feasibility Study August 2024 (Form Rev.01/24 ) Page 18
 SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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

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

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

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

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

E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

28.26 City Council

AGENDA REPORT
DATE: 08/08/2024
AGENDA OF: 08/27/2024
DEPARTMENT: Water
SUBJECT: Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105): Purchase of Real Property, Approval of Plans and Specifications, Authorization to Advertise for Bids and Award of Contract; Authorizing Approval of an SRF Financing Agreement, and Acceptance of Community Grant Program Funds and Amending Water Department FY 2025 Budget – Budget Adjustment (WT)
RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing and directing the City Manager to execute a purchase sale agreement between the City of Santa Cruz and Santa Cruz, Big Trees & Pacific Railway for the permanent easement on APN 066-211-03 for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105);
2) Adopt a resolution authorizing and directing the City Manager to execute a purchase sale agreement between the City of Santa Cruz and Santa Cruz, Big Trees & Pacific Railway for a permanent easement on APN 066-212-05;
2) Approve the plans and specifications for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105) and authorize staff to advertise for bids at https://procurement.opengov.com/portal/santacruzca. 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; 3) Adopt a resolution authorizing approval of a financing agreement in an amount not to exceed $41,352,000 with the California State Water Resources Control Board for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105); and 4) Adopt a resolution amending the FY 2025 budget to accept $959,752 in Community Grant Funds for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105).

BACKGROUND: The Newell Creek Pipeline, constructed circa 1960, extends approximately

9.5 miles from the Newell Creek Dam to the Graham Hill Water Treatment Plant (GHWTP). The pipeline is critical to delivering water from the Loch Lomond Reservoir (impounded by the Newell Creek Dam), the City’s only raw surface water storage facility, to the GHWTP during the

29.1 peak dry season, extended dry periods, and storm events when other sources are diminished or otherwise impaired. The City of Santa Cruz Water Department (SCWD) developed the Newell Creek Pipeline Replacement – Felton to GHWTP Project (Project) to improve the reliability of water supply infrastructure for the City of Santa Cruz (City). With the Project, the City plans to replace a section of the Newell Creek Pipeline that has reached the end of its operational life.

Specifically, the Project will replace the existing pipeline that runs through Henry Cowell Redwoods State Park and will construct approximately 19,860 linear feet of new, 24-inch diameter, re-aligned pipeline between the Felton Booster Pump Station and the intersection of Graham Hill Road and Henry Cowell Drive. The Project also includes a cathodic protection system that will prevent corrosion to ensure pipeline longevity, air vent assemblies, blow-offs, and isolation valves to facilitate operation of the pipeline.

On May 10, 2022, the City Council adopted a resolution certifying the Newell Creek Pipeline Improvement Project Final Environmental Impact Report to comply with the California Environmental Quality Act. Environmental permits obtained for the Project include a Lake or Streambed Alteration Agreement from the California Department of Fish and Wildlife, Nationwide Permit 58 from the United States Army Corps of Engineers, and Section 401 Water Quality Certification from the Regional Water Quality Control Board. Environmental clearance was obtained from the State Water Resources Control Board (SWRCB) for the State Revolving Fund financing agreement.

Over the last several years, SCWD has taken several steps to establish and maintain a solid financial foundation to prepare for significant investment in the utility’s infrastructure. In April 2021, the City Council approved the 2021 Long Range Financial Plan, which outlines a financing strategy to issue debt for 85% of the capital investment in the system over the next decade. The planned sources of debt financing include a mix of water revenue bonds, lowinterest rate funding from the Drinking Water State Revolving Fund (DWSRF), and other lowinterest rate loans such as the Water Infrastructure Finance and Innovation Act (WIFIA) that will fund up to 49% of eligible project costs. SCWD has also had some success in securing grant funds for many projects.

SCWD is nearing the completion of a multi-year process to secure grants and low-interest rate loans for the Project. Grant funding for the Project, in the amount of $959,752, was secured by Congressman Panetta through the Community Project Funding program (also referred to as Congressionally Directed Spending or earmarks). On June 23, 2020, the City Council authorized SCWD to apply for a WIFIA loan that included many projects, including this Project. The loan was executed in May 2023. As mentioned, the WIFIA loan will fund up to 49% of the Project so SCWD is currently finalizing a DWSRF loan for the remaining Project costs. In 2022, the City Council authorized two resolutions required by the State to secure the DWSRF funding: an Authorizing Resolution to apply for funding (May 24, 2022) and a Reimbursement Resolution (August 9, 2022) which allows the Water Department to receive reimbursement from the DWSRF for the Project. The State requires a final resolution authorizing the execution of the DWSRF Construction Installment Sale Agreement by either the City Manager or the Water Director.

DISCUSSION: Purchase of Easements and Encroachment Permit To complete the Project, the City must purchase easements and agree to the terms of an Encroachment Permit on multiple properties (Property) (APN 066-211-03 and 066-212-05)

29.2 from its owner. The properties consist of occupied lots near Felton, CA owned by Santa Cruz, Big Trees & Pacific Railway Company (Owner).

The City contracted with Integra Realty Resources (Integra), a full-service independent appraisal firm, to determine the fair market value of the Property. Based on Integra’s appraisal, the City prepared and sent out formal offer letters to the Owner, shown in the table below.

Owner Formal Offer Letter
Presented Date
Appraised (Just
Compensation)
Value ($)
Santa Cruz, Big Trees & Pacific Railway
Company (APN 066-211-03 and 066-212-05)
10/26/23 $64,300
The City and Santa Cruz, Big Trees & Pacific Railway Company negotiated an agreement on the sale and purchase of the easements and an Encroachment Permit for a total of $67,300.

Approval of Plans and Specifications, Authorization of Advertise for Bids and Award of Contract
The Project plans and specifications are available at
https://www.cityofsantacruz.com/government/city-departments/water/projects-in-yourneighborhood.

Approval of DWSRF Financing Agreement
This agenda item also asks the City Council to approve a Resolution authorizing the Water Director to sign the attached Project financing agreement, known as a Construction Installment Sale Agreement (Agreement), with the SWRCB. In addition, the SWRCB requires an opinion from both the City Attorney and Bond Counsel. All items required by the State are included in the SWRCB Construction Installment Agreement attachment. The final Agreement for execution is expected to be received in September and will have no substantial changes.

The DWSRF loan amount for the Project is $41,352,000, which will cover the total Project costs plus contingencies. Loan terms are 30-year level debt service at 2.3%, which will produce annual debt service of up to $1,923,000. The interest rate of 2.3% is significantly lower than the 3.77% interest rate in the WIFIA loan, which results in substantial savings to ratepayers over the life of the loan. Once the DWSRF financing agreement is executed, SCWD will no longer draw down from the WIFIA loan for this Project. The long-range financial model of SCWD includes repayment of both loans.

SWRCB requires the following language be included in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: Funding for this project has been provided in full or in part through an agreement with the SWRCB. California’s DWSRF is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.

Approval of Grant Funds

29.3 SCWD is appreciative of Congressman Panetta’s assistance in securing grant funds of nearly $960,000 for the Project through the Community Project Funding program. Such funding is limited and is highly competitive.

HEALTH IN ALL POLICIES (HiAP)
This project aligns with the public health pillar of the City’s HiAP initiative by supporting the Water Department’s work in ensuring the reliability of the public drinking water supply.

FISCAL IMPACT: The engineer’s construction estimate for this project is $30,308,436 which includes construction and other risk contingencies. The total Project cost including design, environmental permitting, and construction-related services is estimated at $39,235,758. The Project is funded by a WIFIA loan, a $959,752 Community Grant, and a loan provided by DWSRF. The WIFIA and DWSRF loans are secured by the net revenues of SCWD. The City’s General Fund is not required to repay these loans. Funds for Project costs are budgeted annually based on estimated spend per fiscal year in the Water Department FY 2025 Capital Investment Program, project c702105 for the Newell Creek Pipeline Replacement – Felton to GHWTP Project. Funds for debt service costs are budgeted annually in Water Enterprise Fund 711’s operating budget.

Prepared By:

Doug Valby Associate Civil
Engineer
David Baum Water Chief
Financial Officer
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION FOR APN 066-211-03.DOC

2. RESOLUTION FOR APN 066-212-05.DOC

3. PURCHASE AGREEMENT AND DRAFT ENCROACHMENT PERMIT FOR APN 066- 211-03 AND 066-212-05.PDF

4. RESOLUTION AUTHORIZING SWRCB CONSTRUCTION INSTALLMENT AGREEMENT.DOCX

5. BUDGET ADJUSTMENT.PDF

6. SWRCB CONSTRUCTION INSTALLMENT AGREEMENT.PDF

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

AND DIRECTING THE CITY MANAGER TO EXECUTE A PURCHASE SALE

AGREEMENT BETWEEN THE CITY OF SANTA CRUZ AND SANTA CRUZ, BIG TREES & PACIFIC RAILWAY FOR THE EASEMENT LOCATED IN FELTON, CA NEAR

GRAHAM HILL ROAD AND ZAYANTE ROAD FOR A PERMANENT EASEMENT ON APN 066-211-03
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from a property owner included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Santa Cruz, Big Trees & Pacific Railway Company, a California corporation to purchase a permanent easement for construction, operation, and maintenance of the Newell Creek Pipeline Replacement -Felton to Graham Hill Water Treatment Plant Project to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 066-211-03, from Santa Cruz, Big Trees & Pacific Railway Company, a California corporation upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 27th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Fred Keeley, Mayor
ATTEST: ___________________________

29.5 Bonnie Bush, City Clerk

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

AND DIRECTING THE CITY MANAGER TO EXECUTE A PURCHASE SALE

AGREEMENT BETWEEN THE CITY OF SANTA CRUZ AND SANTA CRUZ, BIG TREES & PACIFIC RAILWAY FOR THE EASEMENT LOCATED IN FELTON, CA NEAR

GRAHAM HILL ROAD AND ZAYANTE ROAD FOR A PERMANENT EASEMENT ON APN 066-212-05
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Santa Cruz, Big Trees & Pacific Railway Company, a California corporation to purchase a permanent easement for construction, operation, and maintenance of the Newell Creek Pipeline Replacement -Felton to Graham Hill Water Treatment Plant Project to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 066-212-05, from Santa Cruz, Big Trees & Pacific Railway Company, a California corporation upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 27th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Fred Keeley, Mayor
ATTEST: __________________________

29.7 Bonnie Bush, City Clerk

29.8 29.9

29.10 29.11

29.12 29.13

29.14 29.15

29.16 29.17

29.18 29.19

29.20 29.21

29.22 29.23

29.24 29.25

29.26 29.27

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RESOLUTION NO. NS-XXX

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

AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSTRUCTION

FINANCING AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES

CONTROL BOARD FOR THE NEWELL CREEK PIPELINE REPLACEMENT PROJECT,

AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS
WHEREAS, the City of Santa Cruz (the "City") owns and operates a system for the supply, treatment and distribution of water within the service area of the City (the "Water System"); and WHEREAS, the City has determined to finance the costs of constructing improvements to the Water System, including certain treatment facilities, pipeline and other infrastructure related to the Newell Creek Dam Pipeline Replacement Project (the “Project”); and WHEREAS, the City Council has previously adopted its Resolutions Nos. NS-29,993 and NS-30,022 authorizing certain actions relating to the planning, design, financing, and construction of the Project, including but not limited to application for, and execution of, a financial assistance agreement from the California State Water Resources Control Board (the "State Water Board") to reimburse the City for such planning and design costs and to finance such construction costs, to be repaid from and secured by a pledge of the net revenues of the Water System; and WHEREAS, City staff has completed the entitlement, environmental, preparation of final plans and specifications for the construction of the Project; and WHEREAS, in order to provide financing for the Project the City Council wishes at this time to approve the final form of the Construction Installment Sale Agreement for Project No. 4410010-004C between the City and the State Water Board, which is attached to this Resolution as Exhibit B and by this reference incorporated herein, and to authorize the execution and delivery thereof by authorized officers of the City; and
WHEREAS, the information required to be obtained and disclosed with respect to the Construction Installment Sale Agreement by the City Council in accordance with Government Code Section 5852.1 is set forth in Exhibit A attached hereto; and WHEREAS, the City Council has previously approved a Debt Issuance and Management Policy which complies with Government Code Section 8855, and the execution and delivery of the Construction Installment Sale Agreement will be in compliance with said policy; NOW THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Santa Cruz that the Construction Installment Sale Agreement proposed to be entered into between the City and the State Water Board, in substantially the form on file with the City Clerk Administrator, is hereby approved. The City Manager or the Water Director (each, an “Authorized Officer”) are hereby authorized and directed, for and in the name of the City, to execute and deliver the final form or the Construction Installment Sale Agreement in substantially the form hereby

29.74 -2-
approved, together with such additions thereto and changes therein as the Authorized Officer executing the same may require or approve in consultation with the City Attorney, such requirement or approval to be conclusively evidenced by the execution of the Construction Financing Agreement by such Authorized Officer.

BE IT FURTHER RESOLVED AND ORDERED that the City Manager, the Water Director and Assistant Water Director are each hereby authorized and directed to take any actions, to execute and deliver any and all documents and instruments, and to do and cause to be done any and all acts and things necessary or proper to accomplish the transactions contemplated by the Construction Installment Sale Agreement, comply with the Construction Installment Sale Agreement and effectuate the purpose and intent of this Resolution, including, but not limited to, the execution and delivery of any documents required by the State Water Board in order to complete the transactions contemplated by the Construction Financing Agreement. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated in writing by such officer to act on his or her behalf in the case such officer is absent or unavailable.

BE IT FURTHER RESOLVED AND ORDERED that the firm of Jones Hall, A Professional Law Corporation, is approved to serve as bond counsel to the City in connection with the execution and delivery of the Construction Installment Sale Agreement. The City Council hereby authorizes and directs the Water Director to execute an agreement for and in the name of the City with such firm, in substantially the form on file with the City Clerk Administrator.

BE IT FURTHER RESOLVED AND ORDERED that all actions heretofore taken by the City Manager, the Water Director, the Assistant Water Director and other officers and agents of the City with respect to the Construction Financing Agreement, or in connection with or related to any of the agreements or documents referenced herein, are hereby approved, confirmed, and ratified.

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PASSED AND ADOPTED this 27th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

29.76 EXHIBIT A

GOOD-FAITH FINANCIAL ESTIMATES
In accordance with Government Code Section 5852.1, the following information has been obtained and disclosed to the City Council in connection with the approval of the Construction Installment Sale Agreement:
(i) The estimated true interest cost of the Construction Installment Sale Agreement (being the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Construction Installment Sale Agreement) is 2.3%.
(ii) The estimated finance charge of the Construction Installment Sale Agreement (being the sum of all fees and charges paid to third parties) is $15,000.
(iii) The estimated proceeds of the Construction Installment Sale Agreement expected to be received, net of proceeds for finance charges in (ii) above to paid from the principal amount of the Construction Installment Sale Agreement and any reserves or capitalized interest paid or funded with Construction Installment Sale Agreement is $41,337,000.
(iv) The estimated total payment amount of the Construction Installment Sale Agreement (being the sum total of all payments the City will make to pay amounts under the Construction Installment Sale Agreement, plus any financing costs not paid from proceeds of the Construction Installment Sale Agreement) to the final maturity thereof is $59,129,145.

29.77 EXHIBIT B

CONSTRUCTION INSTALLMENT SALE AGREEMENT

DRINKING WATER

CITY OF SANTA CRUZ
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

CONSTRUCTION

INSTALLMENT SALE AGREEMENT
NEWELL CREEK PIPELINE REPLACEMENT – FELTON/GRAHAM HILL

PROJECT
PROJECT NO. 4410010-004C
AGREEMENT NO. [ ]
PROJECT FUNDING AMOUNT: $
ESTIMATED REASONABLE PROJECT COST: $
ELIGIBLE WORK START DATE: ______________
ELIGIBLE CONSTRUCTION START DATE: [date of execution of ISA] COMPLETION OF CONSTRUCTION DATE: ______________

29.78 FINAL REIMBURSEMENT REQUEST DATE: _____________
FINAL PAYMENT DATE: _____________
RECORDS RETENTION END DATE: _____________

29.79 THIS PAGE INTENTIONALLY LEFT BLANK

29.80 City of Santa Cruz
Agreement No.: XX-XXX-550
Project No.: 4410010-004C
Page i of xx
i

TABLE OF CONTENTS
AGREEMENT...............................................................................................................................................1

1. AUTHORITY..........................................................................................................................................1

2. INTENTION...........................................................................................................................................1

3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. ......................................1

4. PARTY CONTACTS..............................................................................................................................2

5. DEFINITIONS........................................................................................................................................2 EXHIBIT A – SCOPE OF WORK................................................................................................................10 A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK.........................................10 A.2. STANDARD PROJECT REQUIREMENTS. ....................................................................................10 A.2.1 Acknowledgements...................................................................................................................................10 A.2.2 Reports......................................................................................................................................................10 A.2.2.1 Progress Reports. ..............................................................................................................................10 A.2.2.2 Project Completion Report. ..............................................................................................................10 A.2.2.3 As Needed Reports. ..........................................................................................................................11 A.2.2.4 DBE Good Faith Efforts and Reports for SRF Projects. ..................................................................11 A.2.3 Signage......................................................................................................................................................11 A.2.4 Commencement of Operations. ................................................................................................................12 A.3 DATES & DELIVERABLES..............................................................................................................13 A.4 SCHEDULE. ....................................................................................................................................13 EXHIBIT B – FUNDING TERMS ................................................................................................................14 B.1. FUNDING AMOUNTS AND REIMBURSEMENTS ......................................................................14 B.1.1 Funding Contingency and Other Sources. ................................................................................................14 B.1.2 Estimated Reasonable Cost.......................................................................................................................14 B.1.3 Project Funding Amount...........................................................................................................................14 B.1.4 Reserved....................................................................................................................................................14 B. 1.5 Budget Costs. ............................................................................................................................................14 B.1.6 Contingent Disbursement..........................................................................................................................15 B.1.7 Reimbursement Procedure........................................................................................................................15 B.1.8 Withholding of Disbursements. ................................................................................................................16 B.1.9 Fraud and Misuse of Public Funds; Enforcement.....................................................................................17 B.2 RECIPIENT’S PAYMENT OBLIGATION AND PLEDGE.................................................................17 B.2.1 Project Costs. ............................................................................................................................................17 B.2.2 Estimated Principal Payment Due. ...........................................................................................................17 B.2.3 Interest Rate and In-Lieu of Interest Charges...........................................................................................17 B.2.4 Reserved....................................................................................................................................................18 B.2.5 Obligation Absolute..................................................................................................................................18

29.81 City of Santa Cruz
Agreement No.: XX-XXX-550
Project No.: 4410010-004C
Page ii of xx
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B.2.6 Payment Timing........................................................................................................................................18 B.2.7 Pledged Revenues. ....................................................................................................................................19 B.2.7.1 Establishment of Enterprise Fund.........................................................................................................19 B.2.7.2 Pledge of Net Revenues and Enterprise Fund.......................................................................................19 B.2.7.3 Application and Purpose of the Enterprise Fund. .................................................................................19 B.2.8 No Prepayment..........................................................................................................................................19 B.3 RATES, FEES AND CHARGES......................................................................................................20 B.4 ADDITIONAL DEBT.........................................................................................................................20 B.5 NO LIENS........................................................................................................................................20 EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS ..................................................22 C.1 REPRESENTATIONS & WARRANTIES.........................................................................................22 C.1.1 Application and General Recipient Commitments. ..................................................................................22 C.1.2 Authorization and Validity. ......................................................................................................................22 C.1.3 No Violations............................................................................................................................................22 C.1.4 No Litigation.............................................................................................................................................22 C.1.5 Property Rights and Water Rights. ...........................................................................................................22 C.1.6 Solvency and Insurance. ...........................................................................................................................23 C.1.7 Legal Status and Eligibility.......................................................................................................................23 C.1.8 Financial Statements and Continuing Disclosure. ....................................................................................23 C.1.9 System Obligations...................................................................................................................................23 C.1.10 No Other Material Debt. ...........................................................................................................................23 C.1.11 Compliance with State Water Board Funding Agreements......................................................................23 C.2 DEFAULTS AND REMEDIES..........................................................................................................23 C.2.1 Return of Funds; Acceleration; and Additional Payments. ......................................................................23 C.2.2 Reserved....................................................................................................................................................24 C.2.3 Administrative remedies. ..........................................................................................................................24 C.2.4 Judicial remedies.......................................................................................................................................24 C.2.5 Termination...............................................................................................................................................24 C.2.6 Damages for Breach of Tax-Exempt Status..............................................................................................25 C.2.7 Damages for Breach of Federal Conditions..............................................................................................25 C.2.8 Remedies and Limitations.........................................................................................................................25 C.2.9 Non-Waiver...............................................................................................................................................25 C.2.10 Status Quo.................................................................................................................................................25 C.3 STANDARD CONDITIONS..................................................................................................................25 C.3.1 Access, Inspection, and Public Records. ..................................................................................................25 C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. ...................26 C.3.3 Amendment...............................................................................................................................................27 C.3.4 Assignability. ............................................................................................................................................27 C.3.5 Audit. ........................................................................................................................................................27 C.3.6 Bonding.....................................................................................................................................................27 C.3.7 Competitive Bidding.................................................................................................................................27 C.3.8 Compliance with Applicable Laws, Rules, and Requirements.................................................................27 C.3.9 Computer Software. ..................................................................................................................................28 C.3.10 Conflict of Interest. ...................................................................................................................................28 C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project...................28 C.3.12 Data Management. ....................................................................................................................................28 C.3.13 Disputes.....................................................................................................................................................28

29.82 City of Santa Cruz
Agreement No.: XX-XXX-550
Project No.: 4410010-004C
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C.3.14 Reserved....................................................................................................................................................29 C.3.15 Environmental Clearance..........................................................................................................................29 C.3.16 Governing Law. ........................................................................................................................................29 C.3.17 Income Restrictions. .................................................................................................................................29 C.3.18 Indemnification and State Reviews. .........................................................................................................29 C.3.19 Independent Actor.....................................................................................................................................30 C.3.20 Integration.................................................................................................................................................30 C.3.21 Leveraging Covenants. .............................................................................................................................30 C.3.22 No Discrimination.....................................................................................................................................30 C.3.23 No Third Party Rights...............................................................................................................................31 C.3.24 No Obligation of the State. .......................................................................................................................31 C.3.25 Notice........................................................................................................................................................31 C.3.26 Operation and Maintenance; Insurance. ...................................................................................................33 C.3.27 Permits, Subcontracting, and Remedies....................................................................................................34 C.3.28 Professionals. ............................................................................................................................................34 C.3.29 Prevailing Wages. .....................................................................................................................................35 C.3.30 Public Funding..........................................................................................................................................35 C.3.31 Recipient’s Responsibility for Work. .......................................................................................................35 C.3.32 Related Litigation......................................................................................................................................35 C.3.33 Rights in Data. ..........................................................................................................................................35 C.3.34 State Water Board Action; Costs and Attorney Fees................................................................................35 C.3.35 Timeliness.................................................................................................................................................36 C.3.36 Unenforceable Provision...........................................................................................................................36 C.3.37 Venue. .......................................................................................................................................................36 C.3.38 Waiver and Rights of the State Water Board............................................................................................36 C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS..........................................................36 C.4.1 Reserved....................................................................................................................................................36 C.4.2 State Cross-Cutters....................................................................................................................................36 C.4.3 Federal Requirements and Cross-Cutters for SRF Funding. ....................................................................37 EXHIBIT D – SPECIAL CONDITIONS .......................................................................................................44 EXHIBIT E – PAYMENT SCHEDULE ........................................................................................................46 EXHIBIT F – TAX CERTIFICATE...............................................................................................................47 F.1 Purpose............................................................................................................................................47 F.2 Tax Covenant...................................................................................................................................47 F.3 Governmental Unit...........................................................................................................................47 F.4 Financing of a Capital Project..........................................................................................................47 F.5 Ownership and Operation of Project................................................................................................47 F.6 Temporary Period............................................................................................................................47 F.7 Working Capital................................................................................................................................47 F.8 Expenditure of Proceeds..................................................................................................................47 F.9 Private Use and Private Payments..................................................................................................48

29.83 City of Santa Cruz
Agreement No.: XX-XXX-550
Project No.: 4410010-004C
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F.10 No Sale, Lease or Private Operation of the Project. ....................................................................48 F.11 No Disproportionate or Unrelated Use.........................................................................................48 F.12 Management and Service Contracts............................................................................................48 F.13 No Disposition of Financed Property............................................................................................49 F.14 Useful Life of Project....................................................................................................................49 F.15 Payments. ....................................................................................................................................49 F.16 No Other Replacement Proceeds. ...............................................................................................49 F.17 No Sinking or Pledged Fund. .......................................................................................................49 F.18 Reserved......................................................................................................................................49 F.19 Reimbursement Resolution..........................................................................................................50 F.20 Reimbursement Expenditures......................................................................................................50 F.21 Change in Use of the Project. ......................................................................................................50 F.22 Rebate Obligations.......................................................................................................................50 F.23 No Federal Guarantee..................................................................................................................50 F.24 Amendments................................................................................................................................50 F.25 Reasonable Expectations.............................................................................................................50 F.26 Assignment...................................................................................................................................51

29.84 City of Santa Cruz
Agreement No.: XX-XXX-550
Project No.: 4410010-004C

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Santa Cruz City CouncilAugust 27, 2024

Santa Cruz City Council
August 27, 2024