CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - September 24, 2024
2:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:15 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, AND
GENERAL BUSINESS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, September 23rd
PLEASE NOTE:
Council may take a break(s) as needed.
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, September 22nd by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
September 24, 2024 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.
Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.
Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.
Need more information? Contact the City Clerk’s office at 831-420-5030. 2:00 PM
Statements of Disqualification
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Arthur Charles Lipton
2) Claimant: Andrea Robin Greenspan
3) Claimant: Barbara Lawrence
4) Claimant: Troy Mason
5) Claimant: Troy E. Mason
6) Claimant: Troy Edward Mason
Claims against the City of Santa Cruz
September 24, 2024 City Council 3
City Council
2:15 PM
Call to Order
Roll Call
Presiding Officer's Announcements:
Moment of Silence for Ross Clark
Presentation
2. Mayoral Proclamation Declaring September as Suicide Prevention Awareness Month
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
3. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
September 24, 2024 City Council 4
Consent Agenda
4. Minutes of the September 10, 2024 City Council Meeting (CC) Motion to approve as submitted.
5. Amendment of the Bylaws for the Commission for the Prevention of Violence Against Women (CPVAW) (CC)
Motion to amend the bylaws of the Commission for the Prevention of Violence Against Women.
6. Colligan Theater Manager Lease (EDH)
Motion to approve and authorize the City Manager to execute the Colligan Theater Lease Agreement with Theatre 831 dba All About Theatre, and any subsequent non-substantive amendments in a form approved by the City Attorney.
7. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Arthur Charles Lipton, and 2) Andrea Robin Greenspan, and to return as late, the claims of 3) Barbara Lawrence, 4) Troy Mason, 5) Troy E. Mason, and 6) Troy Edward Mason, based on staff recommendation.
8. Award Contract for Active Transportation Plan Update (c402408) (PW) Motion to award a contract to Toole Design Group, LLC (Oakland, CA) for the Active Transportation Plan Update in the amount of $239,552 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.
9. Retaining Wall Reconstruction Project Budget Adjustment -141 Archer Drive (g402402) (PW)
Motion to adopt a resolution amending the FY 2025 budget for Retaining Wall Reconstruction Project - 141 Archer Drive (g402402) in the amount of $359,926 to fully fund the project.
September 24, 2024 City Council 5
Consent Agenda (continued)
10. Beltz Water Treatment Plant Filter Replacement Project (c702502) – Award of Professional Services Agreement and Budget Adjustment (WT) Motion to:
1) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with CDM Smith (Concord, CA) for engineering services for the Beltz Water Treatment Plant Filter Replacement Project (c702502), and to authorize the Water Director to execute future contract amendments within the approved project budget; and
2) Adopt a resolution to amend the FY 2025 budget and transfer funds in the amount of $1,681,000 within the Water Department's Capital Investment Program from project c702305, Beltz Water Treatment Plant Upgrades Project to new project c702502, Beltz Water Treatment Plant Filter Replacement Project.
11. Transfer within the Water Department’s Capital Investment Program for Fiscal Year 2024 Water Program Administration Expenses – Budget Adjustment (WT)
Motion to adopt a resolution to amend the Fiscal Year 2024 budget by transferring funds in the amount of $1,869,505 from the Water Department’s Capital Investment Program (CIP) project c701901, Water Program Administration, to various other Water Department CIP projects for the purpose of allocating actual program administration expenses to active Water Program CIP projects.
End Consent Agenda
Consent Public Hearings
12. 2nd Reading and Final Adoption of Ordinance No. 2024-15 Adding Chapter 9.91 to the Santa Cruz Municipal Code the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons (CN)
Motion to adopt Ordinance No. 2024-15 adding Chapter 9.91 to the Santa Cruz Municipal Code, the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons.
September 24, 2024 City Council 6
Consent Public Hearings (continued)
13. 2nd Reading and Final Adoption of Ordinance No. 2024-16 Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions (CN)
Motion to adopt Ordinance No. 2024-16 amending Chapter 21.07 “Just Cause Eviction Above AB 1482 Requirements” to extend AB 1482 rental increase protections to tenants in units with expiring affordable housing rental restrictions.
General Business
14. Santa Cruz County Regional Vehicle Miles Traveled Mitigation Program (PW)
Motion to:
1) Receive a presentation on the Santa Cruz County Regional Vehicle Miles Traveled Mitigation Program;
2) Provide input on and accept the preliminary final report; and 3) Direct staff to participate in the development of a Joint Powers Authority to administer the program as well as other efforts related to finalizing the program.
15. Collective of Results and Evidence-Based (CORE) Investments Update (CM)
Motion to:
1) Accept staff report on the status of the Collective of Results and Evidence-based (CORE) Investments Program Request for Proposals (RFP);
2) Direct staff to carve out any Council-prioritized services from competitive procurement;
3) Approve staff recommended funding Option 2, to distribute funding and initiate recommended awards; and
4) Direct staff to coordinate with the Human Services Department (HSD) to report back with recommended awards from the CORE RFP by November 19, 2024.
Adjournment
September 24, 2024 City Council 7
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 24, 2024
16. Proclaiming the month of September 2024 as “Service Dog Awareness Month” and encouraging all citizens, organizations, businesses, and schools to participate in events and initiatives that raise awareness, promote education, and celebrate the extraordinary contributions of service dogs.
17. Proclaiming the month of September 2024 as “Childhood Cancer Awareness Month” and encouraging all citizens to join in honoring Jacob’s Heart Children’s Cancer Support Services for its 26 years of outstanding support to our community and acknowledging its contributions to Childhood Cancer Awareness Month.
18. Proclaiming Saturday, October 19, 2024 as “Santa Cruz Band Review Day.”
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.
Council will make appointments at a future meeting.
County Latino Affairs Commission One opening – at-large nomination Downtown Commission One opening – at-large nomination
September 24, 2024 City Council 8
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.
Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
October 2/3
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 11/12
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 11
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 28
November 29
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 25/26
December 25
City Council Meeting Calendar for 2024
December 10
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day
Please note: Meeting times are not final and are likely to change December 24 Meeting Cancelled - CITY COUNCIL DARK
City Hall Closure - Christmas Day
Rosh Hashanah (City observed - sundown to sundown)
November 19
October 8
October 22
City Hall Closure - Veteran's Day (observed)
Hanukkah (City observed - sundown to sundown)
Yom Kippur (City observed - sundown to sundown)
3.1 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 10, 2024
10:00 AM
Mayor Keeley opened the City Council Closed Session at 10:06 a.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner (arrived at 10:06 a.m. after roll call), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Economic Development and Housing B. Lipscomb, Director of Finance E.
Cabell, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Statements of Disqualification – None.
Public Comment
Mayor Keeley opened the public comment period at 10:07 a.m. There were no speakers. Mayor Keeley closed the public comment period at 10:07 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
4.1 September 10, 2024 CITY COUNCIL MINUTES 6935
Closed Session
1. Real Property Negotiations (Government Code §54956.8) 1) Property: 17 B/C Municipal Wharf
APN: 007-331-06 and -07
Owner: Roseanne Mazzone and John Eicholz dba Bonnie’s Gifts City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Roseanne Mazzone and John Eicholz Under Negotiation: Price, terms of payment, or both
2) Property: 55 A Municipal Wharf
APN: 007-381-01
Owner: Marini’s Candies, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Nick & Gino Marini Under Negotiation: Price, terms of payment, or both
3) Property: 55 D Municipal Wharf
APN: 007-351-02
Owner: Genesis Peck dba Made in Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Genesis Peck Under Negotiation: Price, terms of payment, or both
4) Property: 47 Municipal Wharf
APN: 007-341-06
Owner: Flotsam of California, Inc. dba Noland’s
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
5) Property: 15 Municipal Wharf
APN: 007-331-04
Owner: JFS, Inc. dba Santa Cruz Boat Rentals
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Sally Ealy
Under Negotiation: Price, terms of payment, or both
6) Property: 17 E Municipal Wharf
APN: 007-331-09
Owner: Sock Shop & Shoe Company, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ellen Gill
Under Negotiation: Price, terms of payment, or both
4.2 September 10, 2024 CITY COUNCIL MINUTES 6936
Closed Session (continued)
1. Real Property Negotiations (Government Code §54956.8) (continued) 7) Property: 1070 River Street
APN: 007-331-06 and -07
Owner: Arts Council Santa Cruz County
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Jim Brown
Under Negotiation: Price, terms of payment, or both
8) Property: 41 Municipal Wharf
APN: 007-381-01
Owner: Flotsam of California, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
9) Property: 2 Municipal Wharf
APN: Right of Way (No APN)
Owner: Dave Johnston DBA Venture Quest
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Dave Johnston Under Negotiation: Price, terms of payment, or both
10) Property: 125 Coral Street
APN: 008-171-24 and -25
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Housing Matters Under Negotiation: Price, terms of payment, or both
11) Property: 125 Coral Street
APN: 008-171-24 and -25
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Harley and Jim Gillespie Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.
4.3 September 10, 2024 CITY COUNCIL MINUTES 6937
Closed Session (continued)
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Santa Cruz Cop Watch v. City of Santa Cruz
(Santa Cruz County Superior Court Case No. 24CV01767)
2) Douglas Wallace, et al v. City of Santa Cruz, et al
(Santa Cruz County Superior Court Case No. 24CV02414)
Council received a status report, and took no reportable action.
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) Council received a status report, and took no reportable action.
4. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) Council received a status report, and took no reportable action.
4.4 September 10, 2024 CITY COUNCIL MINUTES 6938
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 10, 2024
11:30 AM
Call to Order – Mayor Keeley called the meeting to order at 11:32 a.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins (arrived at 11:32 a.m. after roll call), Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Public Works N. Nguyen, Director of Economic Development and Housing B.
Lipscomb, Chief of Police B. Escalante, Director of Water H.
Luckenbach, Director of Planning and Community Development L.
Butler, Deputy City Manager L. Murphy, Division Chief of Prevention/Fire Marshal T. Shields, Principal Management Analyst M. Albert, Transportation Planner C. Gallogly, Communications Manager E. Smart, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 11:33 a.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Ann Simonton spoke regarding trauma-informed training techniques for the Santa Cruz Police Department.
Unidentified person spoke regarding project labor agreements discussed at the previous meeting.
James Ewing-Whitman spoke regarding the County Board of Supervisors meeting and taking classes at Cabrillo College.
4.5 September 10, 2024 CITY COUNCIL MINUTES 6939
Oral Communications (continued)
Unidentified person spoke regarding homeless encampments and the displacement of the homeless population.
Unidentified person spoke regarding reinstating the drinking water fountains downtown.
Bradley Snyder spoke regarding the November elections and who he will be voting for.
Greg Benson spoke regarding housing and homelessness.
Richard Lewis spoke regarding the County Board of Supervisors meeting, Service Employees International Union (SEIU) County staff who are ready to strike, and Cabrillo College.
Lee Brokaw spoke regarding the Water Department tearing up his landscape to install a new meter box.
At 11:52 a.m. Mayor Keeley closed Oral Communications.
Presentations
5. Mayoral Proclamation Declaring September as Service Dog Awareness Month Councilmember Newsome read from and presented a proclamation to Emma Kleck declaring September as Service Dog Awareness Month.
6. Mayoral Proclamation Declaring September as Childhood Cancer Awareness Month
Vice Mayor Golder read from and presented a proclamation to Jacob with Jacob’s Heart declaring September as Childhood Cancer Awareness Month.
7. National Emergency Preparedness Month
Division Chief of Prevention/Fire Marshal T. Shields spoke, and Principal Management Analyst M. Albert gave a presentation on National Emergency Preparedness Month and responded to Council questions.
4.6 September 10, 2024 CITY COUNCIL MINUTES 6940
Presentations (continued)
8. West Cliff Projects Update
Director of Public Works N. Nguyen gave a presentation providing an update on the West Cliff projects and responded to Council questions. Communications Manager E. Smart responded to Council questions.
Mayor Keeley opened the public comment period. The following person spoke:
Unidentified person
Mayor Keeley closed the public comment period.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brown announced she will be recusing herself from item 14 as the development is in close proximity to her residence.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6935—6937 for the report.
Council Meeting Calendar
9. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Newsome made a comment on item 20.
Councilmember Brown pulled item 13 for further discussion.
Councilmember Kalantari-Johnson made a comment on items 11, and 16.
Councilmember Brunner made a comment on item 20.
Transportation Planner C. Gallogly responded to Council questions regarding item 18.
Mayor Keeley opened the public comment period. The following person spoke:
Garrett spoke regarding item 14.
Mayor Keeley closed the public comment period.
4.7 September 10, 2024 CITY COUNCIL MINUTES 6941
Consent Agenda (continued)
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to approve the remaining Consent Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown (with the exception of item 14), Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brown (item 14).
10. Minutes of the August 27, 2024 City Council Meeting (CC) Motion carried to approve as submitted.
11. Commission for the Prevention of Violence Against Women (CPVAW) Appointment (CC)
Motion carried to approve Councilmember Kalantari-Johnson's nomination of Shiri Gradek to the Commission for the Prevention of Violence Against Women (CPVAW).
12. Authorization of a Contract with Housing Matters for Encampment Resolution Funding Grant (CM)
Motion carried to:
Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney, with Housing Matters in an amount not to exceed $3,882,184 to implement Encampment Resolution Fund Grant funded work; and
Authorize the City Manager to execute change orders within the approved budget.
4.8 September 10, 2024 CITY COUNCIL MINUTES 6942
Consent Agenda (continued)
13. Santa Cruz County Civil Grand Jury Response (CM)
Councilmember Brown spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Steve Bosworth
Ann Simonton
Gillian Greensite
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to submit a request to the Santa Cruz Civil Grand Jury for an additional month in order to better review and revise the responses with input from staff and with the assistance of a Council subcommittee.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
14. State Match Local Housing Trust Fund Program (LHTF Program) Funding Application for Funding Affordable Housing Development (EDH) Motion carried to:
Adopt Resolution No. NS-30,384 to approve the 2024 State Local Housing Trust Fund Program (LHTF) funding application submittal and, if selected, receive an allocation of State Match funding through the LHTF Program and execute any documents related to the 2024 LHTF funding award; Approve revised City Affordable Housing Trust Fund (AHTF) Administrative Guidelines for consistency with the LHTF program requirements;
4.9 September 10, 2024 CITY COUNCIL MINUTES 6943
Consent Agenda (continued)
14. State Match Local Housing Trust Fund Program (LHTF Program) Funding Application for Funding Affordable Housing Development (EDH) (continued) Motion (continued):
Approve the Housing Authority of the County of Santa Cruz’s contribution of up to $3.2 million for the 136 River Street Project (Project) to be administered as a City AHTF loan contingent on the Housing Authority review and Board approval of the RFQ response submitted by Eden Housing Inc. and For the Future Housing Inc.; and
Approve an increase to the already committed $1.8 million AHTF Project loan that includes the Housing Authority’s and/or the AHTF’s funding up to the $5 million maximum per the LHTF program requirements.
15. Permanent Outdoor Dining and Curb Café Program – Waiver of Deferred Pandemic Era Fees and Related Authorizations (EDH)
Motion carried to approve a waiver of Permanent Outdoor Expansion Area and Curb Café fees between July 2020-December 2023 and authorize the City Manager to execute any agreements, amendments, or documents necessary to implement said waiver, in a form approved by the City Attorney.
16. Neary Lagoon Floating Walkway Decking and Railing Rehabilitation (m409668 - Neary Lagoon Park Rehabilitation - Maintenance): Notice of Completion (PR) Motion carried to accept the work of Cen-Con, Inc. (Santa Cruz, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Floating Walkway Project.
17. 2024 Laurel Street Surface Seal Project (c400809) (PW) Motion carried to reject all bids for the 2024 Laurel Street Surface Seal Project (c400809), authorize staff to re-advertise the project for bids proposals, and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.
4.10 September 10, 2024 CITY COUNCIL MINUTES 6944
Consent Agenda (continued)
18. Contract Amendment 2 with BCycle, LLC for Santa Cruz County Regional Bike Share Program (PW)
Motion carried to authorize the City Manager to execute the Second Amendment to the Professional Service Agreement with BCycle, LLC for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
19. Regional Participation in Household Hazardous Waste Grant Cycle 43 (PW) Resolution No. NS-30,385 was adopted to authorize the City of Santa Cruz’s regional participation in the CalRecycle Household Hazardous Waste Cycle 43 and authorize the City Manager to submit all required documentation and payment requests.
20. Award Contract for London Nelson Community Center Roof Repair (PW) Motion carried to award a contract for the purchase of tile and roof repair from Weatherproofing, Technologies, Inc (Beachwood, OH) in the amount of $159,325.46. The Director of Public Works is authorized to execute changes orders within the approved project budget.
21. West Cliff Multi-Use Path Rehabilitation Project (m400819) – Reject Bids (PW) Motion carried to reject all bids for the West Cliff Multi-Use Path Rehabilitation Project (m400819), authorize staff to re-advertise the project for bids proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.
22. Beltz 8 and 12 Aquifer Storage and Recovery (ASR) Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report – Project Approval (WT)
Motion carried to approve the Beltz 8 and 12 Aquifer Storage and Recovery Project considering the certified Santa Cruz Water Rights Project Final Environmental Impact Report and the Beltz 8 and 12 Aquifer Storage and Recovery Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report.
4.11 September 10, 2024 CITY COUNCIL MINUTES 6945
Consent Agenda (continued)
23. Soquel Avenue Main Replacement Project (c700002) – Notice of Completion (WT)
Motion carried to accept the work of Pacific Underground Construction, Inc. (San Jose, CA) as complete per the plans and specifications, authorizing the filing of a Notice of Completion for the Soquel Avenue Main Replacement Project (c700002), and authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
End Consent Agenda
Public Hearing
24. 2nd Reading and Final Adoption of Ordinance No. 2024-14 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) Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to adopt Ordinance No. 2024-14 amending Chapter 2.40, Boards and Commissions, related to the membership term year for the Commission for the Prevention of Violence Against Women.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
At this time, the Mayor rearranged the agenda to hear item 26.
General Business
25. Collective of Results and Evidence-Based (CORE) Investments Update (CM) This item was continued to the September 24, 2024, City Council meeting and was not discussed.
4.12 September 10, 2024 CITY COUNCIL MINUTES 6946
General Business (continued)
26. Ordinance and Resolution Responsive to Incident Involving the City of Hanford Police Department (CN)
Mayor Keeley spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to:
Introduce for publication Ordinance No. 2024-15 adding Chapter 9.91, the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance, to the Santa Cruz Municipal Code;
Adopt Resolution No. NS-30,386 directing (a) the Santa Cruz Police Department (SCPD) to add a “Prohibition of Unsanctioned Transport of Homeless Persons” policy to the SCPD Policy Manual; and (b) City staff to continue, to the greatest extent practicable, the City’s current practice of reserving City-funded and City-managed shelter resources for persons experiencing homelessness that are currently residing in the City of Santa Cruz; and
Approve the CEQA determination contained in this Agenda Report. The Council’s action is not a “project” under CEQA. And, even if it were considered a “project”, it would be categorically exempt under 14 CCR § 15321(b) (law enforcement action) and 14 CCR § 15061(b)(3) (“commonsense” exemption).
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Council took a break at 1:27 p.m. and returned at 1:37 p.m.
4.13 September 10, 2024 CITY COUNCIL MINUTES 6947
General Business (continued)
27. Industrial Land Preservation Policy. Location: Citywide. CEQA: General Plan 2030 Environmental Impact Report (PL)
Director of Planning and Community Development L. Butler spoke and responded to Council questions.
Mayor Keeley opened the public comment period. The following person spoke.
Rafa Sonnenfeld
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to adopt Resolution No. NS-30,387 approving the Industrial Land Preservation Policy and acknowledging the action is consistent with the General Plan 2030 Environmental Impact Report.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
4.14 September 10, 2024 CITY COUNCIL MINUTES 6948
General Business (continued)
28. Ministerial Design Review Authority for Affordable Streamlined Ministerial Projects with a Density Bonus. Location: Citywide. CEQA: Not a Project (PL) Principal Planner S. Haschert gave a presentation.
Mayor Keeley opened the public comment period. The following person spoke.
Rafa Sonnenfeld
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to direct staff to do the following, which will supersede the direction provided at the September 7, 2021, City Council Meeting:
Conduct the objective, ministerial Design Review of revisions to the 831 Water Street Project, including potential revisions to the Density Bonus approval, through referral of the changes to the Planning Commission; and Any future requests for an affordable housing streamlined ministerial project that include a Density Bonus request shall be reviewed by the Zoning Administrator at a noticed public hearing with the option to refer review to the Planning Commission; however, projects of similar scope to the 831 Water Street Project shall be referred directly to the Planning Commission.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brunner.
ABSENT: None.
DISQUALIFIED: None.
4.15 September 10, 2024 CITY COUNCIL MINUTES 6949
General Business (continued)
29. Climate Resilient Santa Cruz: Graham Hill Water Treatment Plant Facility Improvements Project Final Environmental Impact Report and Project Approval (WT)
Director of Water H. Luckenbach and Ann Sansevero, Principal with Dudek, gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to:
Adopt Resolution No. NS-30,388 certifying the Final Environmental Impact Report for the Climate Resilient Santa Cruz: Graham Hill Water Treatment Plant Facility Improvements Project;
Adopt Resolution No. NS-30,389 approving the project entitlements (Special Use Permit, Design Permit, Nonresidential Demolition Authorization Permit, Heritage Tree Removal Permit, and Slope Development Permit), based on Planning Commission’s Recommendations; and
Adopt Resolution No. NS-30,390 approving Graham Hill Water Treatment Plant Facility Improvements Project, adopting a Mitigation, Monitoring, and Reporting Program, and adopting California Environmental Quality Act Findings and a Statement of Overriding Considerations.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
4.16 September 10, 2024 CITY COUNCIL MINUTES 6950
General Business (continued)
30. Ordinance Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions (CN)
Councilmember Newsome spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Kevin Cummings
Rafa Sonnenfeld
Michael Bartle
Anil Babbar
Unidentified person
Eli Holiday
Garrett
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to introduce for publication Ordinance No. 2024-16 amending Chapter
21.07 “Just Cause Eviction Above AB 1482 Requirements” of the Santa Cruz Municipal Code to extend AB 1482 rental increase protections to tenants in units with expiring affordable housing rental restrictions with the following amendments to Section 21.070.020(C) of the proposed ordinance:
From:
“For the purposes of this section, the annual “percentage change in the cost of living” shall be measured by the San Francisco Oakland Hayward area Consumer Price Index for urban consumers (CPIU).”
To:
“For the purposes of this section, the annual “percentage change in the cost of living” shall be defined in accordance with subsection (g)(3) of California Civil Code Section 1947.12.”
4.17 September 10, 2024 CITY COUNCIL MINUTES 6951
General Business (continued)
30. Ordinance Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions (CN) (continued) ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 2:50 p.m.
Respectfully Submitted:
Julia Wood, Deputy City Clerk Administrator
Attest:
Bonnie Bush, City Clerk Administrator
Approved:
Fred Keeley, Mayor
4.18 City Council
AGENDA REPORT
DATE: 09/05/2024
AGENDA OF: 09/24/2024
DEPARTMENT: City Clerk
SUBJECT: Amendment of the Bylaws for the Commission for the Prevention of Violence Against Women (CPVAW) (CC)
RECOMMENDATION: Motion to amend the bylaws of the Commission for the Prevention of Violence Against Women.
BACKGROUND: On September 10, 2024, Council adopted Ordinance No. 2024-14 to update Chapter 2.40, Boards and Commissions, related to the membership year for CPVAW, changing from January 1 - December 31 to February 1 - January 31.
DISCUSSION: For consistency, staff is requesting to amend Article V - Term of Office, Section 2 Membership Year of the CPVAW bylaws to align with the recent update to Chapter
2.40 of the Santa Cruz Municipal Code related to the Commission's membership year.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.
HEALTH IN ALL POLICIES (HiAP): Though this change does not directly affect HiAP, the work of CPVAW aligns with the Public Health pillar for a safe and just community.
FISCAL IMPACT: None.
Prepared By:
Bonnie Bush
City Clerk
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. CPVAW BYLAWS CLEAN.DOC
2. CPVAW BYLAWS TRACK CHANGES.DOC
5.1 BYLAWS
of the
Commission for the Prevention of Violence Against Women City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Commission for the Prevention of Violence Against Women of the City of Santa Cruz, CA.
Amended June 18, 1985
Amended September 4, 1991
Amended May 3, 2006
Amended May 5, 2010
Amended April 3, 2013
Amended Approved by Tony Condotti, City Attorney; Approved by City Council December 14, 2021
5.2 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 2 Commission for the Prevention of Violence Against Women Bylaws Table of Contents
.....................................................................................................................................................
ARTICLE I – NAME AND/OR AUTHORITY.................................................................................5 ARTICLE II - PURPOSE.............................................................................................................5 ARTICLE III – POWERS AND DUTIES...................................................................................5 ARTICLE IV - MEMBERSHIP...................................................................................................6 Section 1. Membership ...................................................................................................................6 Section 2. Qualifications.................................................................................................................6 Section 3. Application for Membership..........................................................................................6 Section 4. Method of Appointment ................................................................................................6 Section 6. Termination....................................................................................................................7 Section 7. Ex-Officio Membership “Optional” ..............................................................................7 ARTICLE V – TERM OF OFFICE.............................................................................................7 Section 1. Term...............................................................................................................................7 Section 2. Membership Year ..........................................................................................................7 Section 3. Length of Term ..............................................................................................................8 Section 4. Dual Service...................................................................................................................8 ARTICLE VI – OFFICERS AND ELECTIONS .......................................................................8 Section 1. Officers ..........................................................................................................................8 Section 2. Election of Officers........................................................................................................8 Section 3. Term of Office ...............................................................................................................8 Section 4. Nominations...................................................................................................................8 Section 5. Voting ............................................................................................................................8 Section 6. Vacancy of an Officer....................................................................................................8 Section 8. Duties of the Chair.........................................................................................................9 Section 9. Duties of the Vice Chair ................................................................................................9 Section 10. Duties of the Acting Chair...........................................................................................9 ARTICLE VII – STAFF SUPPORT............................................................................................9 Section 1. Staff................................................................................................................................9 Section 2. Staff Relationship to the Advisory Body.....................................................................10 ARTICLE VIII - MEETINGS....................................................................................................10 Section 1. Time and Location of Meetings...................................................................................10 Section 2. Cancellation .................................................................................................................10 Section 3. Special Meetings..........................................................................................................10 ARTICLE IX – CONDUCT OF MEETINGS ..........................................................................10 Section 1. Compliance with the Brown Act and Council Policies ...............................................10 Section 2. General Conduct of Meetings......................................................................................11
5.3 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 3 Section 3. How Items Are Placed on the Agenda.........................................................................11 Section 4. Quorum ........................................................................................................................11 Section 5. Absence of a Quorum ..................................................................................................11 Section 6. Agenda.........................................................................................................................11 Section 7. Order of Business ........................................................................................................11 ARTICLE X - MOTIONS...........................................................................................................11 Section 1. Call for Motion ............................................................................................................11 Section 2. Seconding a Motion.....................................................................................................11 Section 3. Lack of a Second .........................................................................................................12 Section 4. Discussion/Debate .......................................................................................................12 Section 5. Time Limits on Discussion/Debate .............................................................................12 Section 6. Amending a Motion.....................................................................................................12 Section 7. Withdrawing a Motion.................................................................................................12 Section 8. Motion to Table ...........................................................................................................12 Section 9. Results of Voting .........................................................................................................12 ARTICLE XI - VOTING ............................................................................................................12 Section 1. Statements of Disqualification.....................................................................................12 Section 2. Voice Vote ...................................................................................................................13 Section 3. Roll Call Vote ..............................................................................................................13 Section 4. Sealed Ballot Votes......................................................................................................13 Section 5. Adoption of..................................................................................................................13 Section 6. Tie Votes......................................................................................................................13 ARTICLE XII - REPORTS........................................................................................................14 Section 1. Agenda Reports to Advisory Body..............................................................................14 Section 2. Committee Reports ......................................................................................................14 Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports...................14 ARTICLE XIII – RECORD KEEPING....................................................................................14 Section 1. Maintenance of Records ..............................................................................................14 Section 2. Action Agenda .............................................................................................................14 Section 3. Minutes ........................................................................................................................14 Section 4. Audio and Video Recording of Meetings....................................................................15 ARTICLE XIV – COMMITTEES.............................................................................................15 Section 1. Ad Hoc Committees ....................................................................................................15 Section 2. Standing Committees...................................................................................................15 Section 3. Staff Support to Committees .......................................................................................15 Section 4. Appointments...............................................................................................................16 Section 5. Committee Meetings....................................................................................................16 ARTICLE XV – AMENDMENTS.............................................................................................16 ARTICLE XVI – ADOPTION OF BYLAWS ..........................................................................16
5.4 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 4 Commission for the Prevention of Violence Against Women Bylaws ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Commission for the Prevention of Violence Against Women of the City of Santa Cruz, California; hereinafter referred to as CPVAW, or Commission, or the Advisory Body. The Commission is established pursuant to Santa Cruz City Initiative Ordinance Number 81-29.
ARTICLE II – PURPOSE
The purpose of the Commission is to:
To make ending violence against women the highest priority in the City of Santa Cruz To ensure collaboration with other public and private agencies to support existing programs and support the development of new programs as needed
To facilitate meaningful citizen participation in the work of the Commission To continue to work with law enforcement to develop strategies for the successful prosecution and conviction of the crimes of violence against women
ARTICLE III – POWERS AND DUTIES
The Commission for the Prevention of Violence Against Women shall have the power and duty to perform functions as provided in Ordinance 81-29, and as may be amended. These powers and duties are:
1. Develop and present to the City Council, in the form of recommendations, a comprehensive plan for the prevention of rape and domestic violence in the City of Santa Cruz. This plan, as a minimum, shall include:
a) educational programs designed for the workplace, schools, police, religious and community groups, City programs, private and public health care facilities and all other groups upon request; and
b) the development of an outreach plan to ensure the effectiveness of these educational programs.
2. Assist implementation of this comprehensive plan and to present further recommendations for the comprehensive plan to the City Council on an ongoing basis; and
3. Cooperate with other public and private agencies in seeking ways to carry out the purpose of Ordinance 81-29; and
4. Hear citizen complaints and recommendations about City Police Department’s service to women who have been raped or battered; to evaluate such input and present
5.5 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 5 recommendations to the City Council regarding activities of the Police Department relating to this Ordinance; and
5. Call upon members of the Police Department to present information necessary to carry out the Commission’s duties; and
6. Make recommendations to the City Council regarding police training in the areas of rape and domestic violence; and
7. Consider, advise, and make recommendations to the City Council on other matters relating to the purpose of this Ordinance; and
8. Perform such advisory functions as may be delegated to the Commission by the City Council; and
9. Submit an annual detailed report documenting City, community, and police efforts to carry out the purpose of Ordinance 81-29
ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Commission for the Prevention of Violence Against Women (CPVAW) shall consist of seven members, hereinafter referred to as members.
Membership, term of office, and procedures for removal of members and the filling of vacancies shall be as established by City Ordinance or by the City Council.
Section 2. Qualifications
Members shall be residents of the City of Santa Cruz, Ordinance 81-29.
Section 3. Application for Membership
Prospective members shall file an application in the office of the City Clerk.
Section 4. Method of Appointment
Pursuant to Initiative Ordinance No. 81-29, each member of the City Council shall nominate one member for appointment to the Commission for the Prevention of Violence Against Women by majority vote of the City Council. Any appointment to fill an unexpired term shall be for such unexpired period;
Section 5. . Good Standing and Reporting of Absences
Councilmembers and the chairperson of each permanent city advisory body shall receive annual attendance reports prepared in the City Clerk’s Department. Absences will be identified as “with notification” and “without notification. An absence is considered as “with notification” if the member notifies the chairperson or the staff prior to the meeting. If there has been no prior notification, the absence is considered “without notification.” It is important to notify staff of any absences for the purposes of determining a quorum. Advisory body members are expected to attend meetings regularly.
5.6 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 6 Members who serve on advisory bodies, which are scheduled to meet seven to twelve times per year, are allowed three absences per year.
It is the responsibility of staff of an advisory body to bring serious attendance issues to the attention of the Mayor or City Clerk prior to reaching the limit, if possible. If either through study of the annual attendance report or through other channels, the Mayor learns that a member has more than the allowable number of absences, the Mayor may notify the member or chairperson that action may be initiated by City Council to remove the member from the advisory body. The Mayor may choose to postpone or withhold notification to City Council in unusual circumstances: for example, if the member is actively performing work for the advisory body outside of the regular meetings or is involved in subcommittee work.
Section 6. Termination
After three meetings following appointment to the Advisory Body, each member shall be subject to removal by motion of the nominating Councilmember, adopted by at least four affirmative votes. A termination may also take place without a motion at any time by the Councilmember who appointed the member.
Section 7. Ex-Officio Membership “Optional”
The Commission for the Prevention of Violence Against Women may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. CPVAW may have up to three Ex-Officio Teen Representatives, subject to approval by the Commission and appointed by the Chair, who contribute the perspective of a teen. There shall be no term limit for the Teen Ex-Officio Representatives. The Santa Cruz Police Department will designate a Sergeant or other ranking staff to serve as a non-voting ex-officio member known as the SC Police Liaison to the Commission.
ARTICLE V – TERM OF OFFICE
Section 1. Term
Unless the appointing Councilmember prescribes a shorter term at the time of appointment, the term of office of each commission member shall be four years, expiring on January 1 after the expiration of the term of office of the councilmember who nominated the commissioner; provided that 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, and provided further, however, that if a replacement has not been appointed and qualified as of the expiration date, the commission member shall continue to serve until a successor has been nominated, appointed and qualified. If, as a result of this chapter, there are additional members added to any board or commission, or if the city council shall hereafter establish a new board or commission, the city council shall set the term of office at the time of appointment to the new office.
Section 2. Membership Year
A membership year shall be from February 1 – January 31.
5.7 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 7 Section 3. Length of Term
A member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have six years or less at the time their term expires are eligible for reappointment.
Section 4. Dual Service
No member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.
ARTICLE VI – OFFICERS AND ELECTIONS
Section 1. Officers
Officers of the Advisory Body shall consist of a Chair and Vice Chair.
Section 2. Election of Officers
As soon as is practicable following the first day of January of every year, there shall be elected from among the membership of the Advisory Body a Chair and Vice Chair.
Section 3. Term of Office
The term of office for the Chair and Vice Chair is one calendar year. Officers may not serve in the same position for more than two consecutive years.
Section 4. Nominations
The Chair will open the floor to nominations. Any member may nominate a candidate from the membership for the position of Chair or Vice Chair; nominations need not be seconded.
A member may withdraw their name if placed in nomination, announcing that, if elected, they would not be able to serve; but they shall not withdraw in favor of another member.
Once the nominations are complete, the Chair will ask for a motion to close the nominations; a second of, and vote on, the motion is required.
The Chair then declares that it has been moved and seconded that the nominations be closed, and the members proceed to the election.
Section 5. Voting
Voting may be by voice vote or by roll call vote.
The candidate who receives a majority of the votes is then declared to be legally elected to fill the office of Chair, and will immediately chair the remainder of the meeting.
The same procedure is followed for the election of Vice Chair.
Section 6. Vacancy of an Officer
Should a vacancy occur, for any reason, in the office of Chair or Vice Chair prior to the next annual election, a special election shall be held to fill the vacant office from among the membership. That member shall serve until a new appointment has been made.
5.8 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 8 Section 7. Removal of Elected Officers
The Chair or Vice Chair may be removed by a majority vote of the full Advisory Body at a regularly scheduled meeting of the Advisory Body, when all appointed members are present, or at a special meeting convened for that purpose at which a quorum is present. Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice Chair shall become the new Chair. An election for the Vice Chair shall then be agendized for the next meeting.
Section 8. Duties of the Chair
The Chair shall preside at all regular meetings and may call special meetings. The Chair shall decide upon all points of order and procedure during the meeting; their decision shall be final unless overruled by a vote of the Advisory Body, in compliance with Article IX, Section 2, “General Conduct of Meetings.” The Chair may not make motions, but may second motions on the floor. The Chair acts as primary contact for staff and shall represent the Advisory Body before City Council whenever the Advisory Body or Council considers it necessary. The Chair and staff shall jointly set the meeting agenda.
Section 9. Duties of the Vice Chair
The Vice Chair shall assume all duties of the Chair in the absence or disability of the Chair.
Section 10. Duties of the Acting Chair
In case of absence of both the Chair and the Vice Chair from any meeting, an Acting Chair shall be elected from among the members present, to serve only during the absence of the Chair and Vice Chair.
ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.
The City Manager shall designate appropriate staff to act as staff person(s) to assist and support the Advisory Body. Staff shall attend all regular and special Advisory Body meetings. Staff shall be responsible for coordination of such reports, studies, and recommendations as are necessary to assist the Advisory Body in the conduct of its business according to City Council policy and the Brown Act. Staff may enlist the assistance of other departments as required.
Staff shall be responsible for all public notification regarding all regular and special Advisory Body meetings.
Staff shall record the minutes of the meetings in accordance with the guidelines established in the “Preparation of Minutes” section of the City Councilmembers' Handbook, shall supervise volunteers and interns, shall work closely with the Chair between meetings, shall make recommendations, prepare reports and proposals to the Advisory Body, may represent the Advisory Body at other meetings, presentations, and other public functions as requested, and shall perform administrative tasks.
Staff shall be responsible for the maintenance of proper records and files pertaining to Advisory Body business. Staff shall receive and record all exhibits, petitions, documents, or other
5.9 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 9 materials presented to the Advisory Body in support of, or in opposition to, any question before the Advisory Body. Staff shall sign all notices prepared in connection with Advisory Body business, shall attest to all records of actions, transmittals, and referrals as may be necessary or required by law, and shall be responsible for compliance with all Brown Act postings and noticing requirements.
Section 2. Staff Relationship to the Advisory Body
Given limited staff resources, the Chair or individual members shall not make separate requests of staff without approval of the Advisory Body. If a member has a research or report request, it shall be brought to the Advisory Body for discussion, consideration, and recommendation prior to making the request of staff. If not approved by the Advisory Body, the individual member shall be responsible for their own research or report.
Staff and the Chair shall jointly set the meeting agenda.
ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meetings six times a year during the following months:
February, March, May, August, September, and November on the first Wednesday of the listed months which shall begin at 6:30PM in the City Council Chambers and will adjourn no later than 10:00 PM, unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.
If the scheduled date for a regular meeting falls on a holiday, such meeting shall be rescheduled in accordance with Council policy.
Section 2. Cancellation
If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled upon giving notice, unless a public hearing has previously been noticed.
Section 3. Special Meetings
The Chair of the Advisory Body, staff, or a majority of the membership of the Advisory Body may call a special meeting. Notice of such meeting shall state the purpose or the business to be transacted during such special meeting. No other business may be transacted at such special meeting other than as stated in the notice. Oral Communications are not required at special meetings as long as a statement appears on the agenda identifying that there will be no Oral Communications, but that members of the public will have the opportunity to address the Advisory Body on item(s) on the agenda.
ARTICLE IX – CONDUCT OF MEETINGS
Section 1. Compliance with the Brown Act and Council Policies All regular, special, and adjourned meetings of the Advisory Body shall be open meetings to which the public and the press shall be admitted in compliance with the Brown Act. Meetings will be held at City facilities which are accessible to persons with disabilities.
5.10 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 10 Section 2. General Conduct of Meetings
Points of order and conduct, including those not addressed by these Bylaws, shall be settled by the Chair, unless overruled by a majority vote of the Advisory Body. Points of order and conduct shall comply with the Brown Act, these Bylaws, and the City Councilmembers’ Handbook. The Chair will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting.
Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.” Section 4. Quorum
A quorum of the Commission for the Prevention of Violence Against Women shall consist of four members, whether or not there are vacancies on the Advisory Body.
Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.
A meeting may be declared adjourned for lack of a quorum after a 15-minute period has elapsed from the scheduled time of the start of the meeting. A meeting may also be declared adjourned in advance, if absence notifications received by staff provided for lack of a quorum. Adjournment may be declared by any member or staff.
Section 6. Agenda
The Chair and staff shall jointly set the meeting agenda and its format shall conform to the template set by Council Policy.
Section 7. Order of Business
The Chair or a majority vote of the Advisory Body may change the order of business.
ARTICLE X – MOTIONS
Section 1. Call for Motion
Upon conclusion of preliminary discussion, any member other than the Chair may place a motion on the floor. The motion shall contain the proposed action.
Section 2. Seconding a Motion
The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.
5.11 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 11 Section 3. Lack of a Second
If, after a reasonable time, no second has been made, the motion shall be declared dead for lack of a second, and the Chair shall state this. This shall not be considered an action of the Advisory Body and shall not be included in the minutes.
Section 4. Discussion/Debate
After a motion has been made and seconded, the Chair shall call for a discussion of the question.
All discussion shall be limited to the motion on the floor. At the close of the discussion, the Chair shall put the matter to a vote.
Section 5. Time Limits on Discussion/Debate
The Chair may, at their discretion, limit debate of any motion; except that each member shall have the opportunity to speak.
Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.
Section 7. Withdrawing a Motion
Any motion may be withdrawn by the maker and the second and shall not be included in the meeting minutes.
Section 8. Motion to Table
A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another member has the floor. A motion to table requires a second, is not debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted. Members will refrain from using a motion to table as a means of capriciously limiting debate among members, to suppress a minority of the Advisory Body, or to avoid public input on an agenda item under consideration by the Advisory Body.
Section 9. Results of Voting
The Chair shall state the results of each vote, e.g., “The motion passes by a vote of five to two.” ARTICLE XI – VOTING
Section 1. Statements of Disqualification
Section 607 of the City Charter states that “...All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.” No member may abstain from voting on any item, except on the approval of the minutes, when that member was absent.
The City of Santa Cruz has adopted a Conflict of Interest Code, and Section 8 of that Code states that “no person shall make or participate in a governmental decision which s/he knows or has reason
5.12 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 12 to know will have a reasonably foreseeable material financial effect distinguishable from its effect on the public generally.”
Any member who has a disqualifying interest on a particular matter shall do all of the following:
1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required; 2) Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of government code Section 87100;
3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter has been placed on the portion of the agenda reserved for uncontested matters;
4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.
Any question regarding conflicts of interest shall be referred to the City Attorney.
Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting.
All members including the Chair shall vote on all matters, except where they have a disqualifying interest.
Section 3. Roll Call Vote
Any member may request a roll call vote, either before or immediately after a voice vote. A roll call vote shall be taken without further discussion. The Advisory Body staff shall call the roll and each member shall state their vote for the record.
Section 4. Sealed Ballot Votes
No Advisory Body shall take a sealed ballot vote in open session.
Section 5. Adoption of
Adoption of a motion shall be made by a simple majority of the members present, except as otherwise provided. The Chair shall restate the vote for the record, e.g., “The motion is approved by a vote of five to two.”
Section 6. Tie Votes
Tie votes will be resolved as follows:
Statement of Disqualification: A tie vote resulting from a Statement of Disqualification of one or more members, with no members absent and no vacancies on the Advisory Body, shall constitute a defeat of the motion.
Absence: A tie vote during the absence of one or more members, or when there is a vacancy on the Advisory Body, shall cause the item to be automatically continued to the next meeting; except that, as to matters on which action must be taken on a date prior to the next meeting, a tie vote shall constitute a denial of the requested action.
5.13 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 13 Successive Tie Vote: A tie vote at the next meeting on a matter that has been continued as a result of a tie vote shall constitute a denial of the appeal or defeat of the motion.
ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background.
If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least seven (7) business days prior to the meeting. Staff shall then format reports to be consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.
Section 2. Committee Reports
Committee reports may be verbal or written and may be accompanied by written documentation.
Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports All resolutions and recommendations adopted by the Advisory Body and addressed to the City Council shall be delivered to the Mayor as soon as possible. If the action requests City Council action, the item shall be placed on a future City Council agenda. Agenda reports to the City Council from the Advisory Body shall be written reports consistent with content, style, and formatting of City Council agenda reports.
Additionally, the agenda report shall include a section called analysis, which includes the pros, cons, and foreseeable consequences of the recommendation(s). In the event that staff and the Advisory Body disagree, an analysis of both recommendations shall be included.
ARTICLE XIII – RECORD KEEPING
Section 1. Maintenance of Records
All records shall be maintained according to the City of Santa Cruz Records Retention Schedule.
Section 2. Action Agenda
Action agendas are required for Advisory Bodies with direct City Council appointments. An action agenda is an unofficial record of the meeting and shall consist of attendance; motion maker and seconder of the motion; and an actual tally of the votes for all actions taken. The action agenda shall be made available to the Advisory Body, the City Clerk, and Staff within four working days of the meeting.
Section 3. Minutes
Action-only minutes will be produced for all Advisory Body meetings in the same format as that used for City Council meetings. Advisory Body members who want a particular comment included in the minutes must state “for the record” before making such comment. Minutes shall be reviewed, corrected as appropriate, and or amended and approved by the Advisory Body at a subsequent meeting.
5.14 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 14 Subcommittee reports presented orally in a meeting shall be summarized in the minutes.
Section 4. Audio and Video Recording of Meetings
Proceedings for all Advisory Body meetings shall be recorded whenever possible. The audio recordings shall be retained for one year pursuant to the City of Santa Cruz Records Retention Schedule.
As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.
Members of the public have the right to make recordings of a meeting without disrupting the proceedings under any circumstances.
ARTICLE XIV – COMMITTEES
Section 1. Ad Hoc Committees
Ad hoc committees are established by an Advisory Body to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Ad hoc committees generally serve only a limited or single purpose, are not perpetual, and are dissolved once their specific task is completed. An ad hoc committee shall be less than six months in term and shall have fewer members than a simple majority of the membership of the appointing Advisory Body. Ad hoc committees shall bring back information to the Advisory Body in either oral or written form.
Following ad hoc committee input, the Advisory Body shall then discuss, deliberate, and make recommendations on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. This shall take place in the presence of a quorum of the Advisory Body at a properly noticed public meeting.
Ad hoc committees shall not be subject to the Brown Act. City staff shall not be required to be present at ad hoc committee meetings. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes.
Section 2. Standing Committees
Standing committees are bodies established to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Standing committees are ongoing in nature and are created to deal with issues and make decisions on behalf of the Advisory Body. The public has a right to participate in this process. Standing committees are subject to the Brown Act and staff will provide only such support as to ensure such compliance.
The Commission for the Prevention of Violence Against Women has established one standing committee: the Police Committee. The Police Committee will provide time on each meeting agenda to adjourn, if necessary, to a confidential session to review/discuss police reports and other confidential matters pertaining to the SC Police Department.
Section 3. Staff Support to Committees
City staff shall normally not be required to attend or provide support for standing or ad hoc committee meetings, unless directed by the department head. All ad hoc committees shall
5.15 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 15 provide a final report to the Advisory Body in lieu of minutes. All standing committees shall provide reports, no less than quarterly, to the Advisory Body.
Section 4. Appointments
Committees shall be established by majority vote of the Commission. The Chair of the Advisory Body may designate or solicit participation for standing and ad hoc committees. A committee shall be composed of one or more Commissioners, not to exceed three Commissioners. Staff is not a committee member and may or may not be present at subcommittee meetings.
Section 5. Committee Meetings
All standing or ad hoc committee meetings shall be held upon call of the Committee Chair.
ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.
ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of not less than a (4/7) majority of the full membership of the Commission for the Prevention of Violence Against Women of the City of Santa Cruz and approval of the City Council, these Bylaws shall be in full force and effect. Any and all previously adopted bylaws are hereby superseded.
These Bylaws shall not be considered or construed as superseding any ordinance or directive of the City Council of the City of Santa Cruz, nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Advisory Body may direct its activities.
5.16 BYLAWS
of the
Commission for the Prevention of Violence Against Women City of Santa Cruz, California
Under authority of applicable statutes of the State of California, and the City Charter of the City of Santa Cruz, California, for the purpose of establishing rules and regulations governing the organization and procedures of the Commission for the Prevention of Violence Against Women of the City of Santa Cruz, CA.
Amended June 18, 1985
Amended September 4, 1991
Amended May 3, 2006
Amended May 5, 2010
Amended April 3, 2013
Amended Approved by Tony Condotti, City Attorney; Approved by City Council December 14, 2021
5.17 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 2 Commission for the Prevention of Violence Against Women Bylaws Table of Contents
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ARTICLE I – NAME AND/OR AUTHORITY.................................................................................5 ARTICLE II - PURPOSE.............................................................................................................5 ARTICLE III – POWERS AND DUTIES...................................................................................5 ARTICLE IV - MEMBERSHIP...................................................................................................6 Section 1. Membership ...................................................................................................................6 Section 2. Qualifications.................................................................................................................6 Section 3. Application for Membership..........................................................................................6 Section 4. Method of Appointment ................................................................................................6 Section 6. Termination....................................................................................................................7 Section 7. Ex-Officio Membership “Optional” ..............................................................................7 ARTICLE V – TERM OF OFFICE.............................................................................................7 Section 1. Term...............................................................................................................................7 Section 2. Membership Year ..........................................................................................................7 Section 3. Length of Term ..............................................................................................................8 Section 4. Dual Service...................................................................................................................8 ARTICLE VI – OFFICERS AND ELECTIONS .......................................................................8 Section 1. Officers ..........................................................................................................................8 Section 2. Election of Officers........................................................................................................8 Section 3. Term of Office ...............................................................................................................8 Section 4. Nominations...................................................................................................................8 Section 5. Voting ............................................................................................................................8 Section 6. Vacancy of an Officer....................................................................................................8 Section 8. Duties of the Chair.........................................................................................................9 Section 9. Duties of the Vice Chair ................................................................................................9 Section 10. Duties of the Acting Chair...........................................................................................9 ARTICLE VII – STAFF SUPPORT............................................................................................9 Section 1. Staff................................................................................................................................9 Section 2. Staff Relationship to the Advisory Body.....................................................................10 ARTICLE VIII - MEETINGS....................................................................................................10 Section 1. Time and Location of Meetings...................................................................................10 Section 2. Cancellation .................................................................................................................10 Section 3. Special Meetings..........................................................................................................10 ARTICLE IX – CONDUCT OF MEETINGS ..........................................................................10 Section 1. Compliance with the Brown Act and Council Policies ...............................................10 Section 2. General Conduct of Meetings......................................................................................11
5.18 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 3 Section 3. How Items Are Placed on the Agenda.........................................................................11 Section 4. Quorum ........................................................................................................................11 Section 5. Absence of a Quorum ..................................................................................................11 Section 6. Agenda.........................................................................................................................11 Section 7. Order of Business ........................................................................................................11 ARTICLE X - MOTIONS...........................................................................................................11 Section 1. Call for Motion ............................................................................................................11 Section 2. Seconding a Motion.....................................................................................................11 Section 3. Lack of a Second .........................................................................................................12 Section 4. Discussion/Debate .......................................................................................................12 Section 5. Time Limits on Discussion/Debate .............................................................................12 Section 6. Amending a Motion.....................................................................................................12 Section 7. Withdrawing a Motion.................................................................................................12 Section 8. Motion to Table ...........................................................................................................12 Section 9. Results of Voting .........................................................................................................12 ARTICLE XI - VOTING ............................................................................................................12 Section 1. Statements of Disqualification.....................................................................................12 Section 2. Voice Vote ...................................................................................................................13 Section 3. Roll Call Vote ..............................................................................................................13 Section 4. Sealed Ballot Votes......................................................................................................13 Section 5. Adoption of..................................................................................................................13 Section 6. Tie Votes......................................................................................................................13 ARTICLE XII - REPORTS........................................................................................................14 Section 1. Agenda Reports to Advisory Body..............................................................................14 Section 2. Committee Reports ......................................................................................................14 Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports...................14 ARTICLE XIII – RECORD KEEPING....................................................................................14 Section 1. Maintenance of Records ..............................................................................................14 Section 2. Action Agenda .............................................................................................................14 Section 3. Minutes ........................................................................................................................14 Section 4. Audio and Video Recording of Meetings....................................................................15 ARTICLE XIV – COMMITTEES.............................................................................................15 Section 1. Ad Hoc Committees ....................................................................................................15 Section 2. Standing Committees...................................................................................................15 Section 3. Staff Support to Committees .......................................................................................15 Section 4. Appointments...............................................................................................................16 Section 5. Committee Meetings....................................................................................................16 ARTICLE XV – AMENDMENTS.............................................................................................16 ARTICLE XVI – ADOPTION OF BYLAWS ..........................................................................16
5.19 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 4 Commission for the Prevention of Violence Against Women Bylaws ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Commission for the Prevention of Violence Against Women of the City of Santa Cruz, California; hereinafter referred to as CPVAW, or Commission, or the Advisory Body. The Commission is established pursuant to Santa Cruz City Initiative Ordinance Number 81-29.
ARTICLE II – PURPOSE
The purpose of the Commission is to:
To make ending violence against women the highest priority in the City of Santa Cruz To ensure collaboration with other public and private agencies to support existing programs and support the development of new programs as needed
To facilitate meaningful citizen participation in the work of the Commission To continue to work with law enforcement to develop strategies for the successful prosecution and conviction of the crimes of violence against women
ARTICLE III – POWERS AND DUTIES
The Commission for the Prevention of Violence Against Women shall have the power and duty to perform functions as provided in Ordinance 81-29, and as may be amended. These powers and duties are:
1. Develop and present to the City Council, in the form of recommendations, a comprehensive plan for the prevention of rape and domestic violence in the City of Santa Cruz. This plan, as a minimum, shall include:
a) educational programs designed for the workplace, schools, police, religious and community groups, City programs, private and public health care facilities and all other groups upon request; and
b) the development of an outreach plan to ensure the effectiveness of these educational programs.
2. Assist implementation of this comprehensive plan and to present further recommendations for the comprehensive plan to the City Council on an ongoing basis; and
3. Cooperate with other public and private agencies in seeking ways to carry out the purpose of Ordinance 81-29; and
4. Hear citizen complaints and recommendations about City Police Department’s service to women who have been raped or battered; to evaluate such input and present
5.20 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 5 recommendations to the City Council regarding activities of the Police Department relating to this Ordinance; and
5. Call upon members of the Police Department to present information necessary to carry out the Commission’s duties; and
6. Make recommendations to the City Council regarding police training in the areas of rape and domestic violence; and
7. Consider, advise, and make recommendations to the City Council on other matters relating to the purpose of this Ordinance; and
8. Perform such advisory functions as may be delegated to the Commission by the City Council; and
9. Submit an annual detailed report documenting City, community, and police efforts to carry out the purpose of Ordinance 81-29
ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Commission for the Prevention of Violence Against Women (CPVAW) shall consist of seven members, hereinafter referred to as members.
Membership, term of office, and procedures for removal of members and the filling of vacancies shall be as established by City Ordinance or by the City Council.
Section 2. Qualifications
Members shall be residents of the City of Santa Cruz, Ordinance 81-29.
Section 3. Application for Membership
Prospective members shall file an application in the office of the City Clerk.
Section 4. Method of Appointment
Pursuant to Initiative Ordinance No. 81-29, each member of the City Council shall nominate one member for appointment to the Commission for the Prevention of Violence Against Women by majority vote of the City Council. Any appointment to fill an unexpired term shall be for such unexpired period;
Section 5. . Good Standing and Reporting of Absences
Councilmembers and the chairperson of each permanent city advisory body shall receive annual attendance reports prepared in the City Clerk’s Department. Absences will be identified as “with notification” and “without notification. An absence is considered as “with notification” if the member notifies the chairperson or the staff prior to the meeting. If there has been no prior notification, the absence is considered “without notification.” It is important to notify staff of any absences for the purposes of determining a quorum. Advisory body members are expected to attend meetings regularly.
5.21 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 6 Members who serve on advisory bodies, which are scheduled to meet seven to twelve times per year, are allowed three absences per year.
It is the responsibility of staff of an advisory body to bring serious attendance issues to the attention of the Mayor or City Clerk prior to reaching the limit, if possible. If either through study of the annual attendance report or through other channels, the Mayor learns that a member has more than the allowable number of absences, the Mayor may notify the member or chairperson that action may be initiated by City Council to remove the member from the advisory body. The Mayor may choose to postpone or withhold notification to City Council in unusual circumstances: for example, if the member is actively performing work for the advisory body outside of the regular meetings or is involved in subcommittee work.
Section 6. Termination
After three meetings following appointment to the Advisory Body, each member shall be subject to removal by motion of the nominating Councilmember, adopted by at least four affirmative votes. A termination may also take place without a motion at any time by the Councilmember who appointed the member.
Section 7. Ex-Officio Membership “Optional”
The Commission for the Prevention of Violence Against Women may find that, because of the complexity of its work, it is desirable to add member(s) at-large to the Advisory Body to serve as non-voting ex-officio members to lend other opinions or expertise to the work of the Advisory Body. CPVAW may have up to three Ex-Officio Teen Representatives, subject to approval by the Commission and appointed by the Chair, who contribute the perspective of a teen. There shall be no term limit for the Teen Ex-Officio Representatives. The Santa Cruz Police Department will designate a Sergeant or other ranking staff to serve as a non-voting ex-officio member known as the SC Police Liaison to the Commission.
ARTICLE V – TERM OF OFFICE
Section 1. Term
Unless the appointing Councilmember prescribes a shorter term at the time of appointment, the term of office of each commission member shall be four years, expiring on January 1 after the expiration of the term of office of the councilmember who nominated the commissioner; provided that 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, and provided further, however, that if a replacement has not been appointed and qualified as of the expiration date, the commission member shall continue to serve until a successor has been nominated, appointed and qualified. If, as a result of this chapter, there are additional members added to any board or commission, or if the city council shall hereafter establish a new board or commission, the city council shall set the term of office at the time of appointment to the new office.
Section 2. Membership Year
A membership year shall be from January 1 – December 31February 1 – January 31.
5.22 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 7 Section 3. Length of Term
A member shall not serve more than two consecutive full four-year terms. Upon completion of a member's eighth consecutive year of service, that member will be ineligible for reappointment for a period of two years. Members who have six years or less at the time their term expires are eligible for reappointment.
Section 4. Dual Service
No member shall be eligible to serve on two Advisory Bodies unless one is established for less than 13 months.
ARTICLE VI – OFFICERS AND ELECTIONS
Section 1. Officers
Officers of the Advisory Body shall consist of a Chair and Vice Chair.
Section 2. Election of Officers
As soon as is practicable following the first day of January of every year, there shall be elected from among the membership of the Advisory Body a Chair and Vice Chair.
Section 3. Term of Office
The term of office for the Chair and Vice Chair is one calendar year. Officers may not serve in the same position for more than two consecutive years.
Section 4. Nominations
The Chair will open the floor to nominations. Any member may nominate a candidate from the membership for the position of Chair or Vice Chair; nominations need not be seconded.
A member may withdraw their name if placed in nomination, announcing that, if elected, they would not be able to serve; but they shall not withdraw in favor of another member.
Once the nominations are complete, the Chair will ask for a motion to close the nominations; a second of, and vote on, the motion is required.
The Chair then declares that it has been moved and seconded that the nominations be closed, and the members proceed to the election.
Section 5. Voting
Voting may be by voice vote or by roll call vote.
The candidate who receives a majority of the votes is then declared to be legally elected to fill the office of Chair, and will immediately chair the remainder of the meeting.
The same procedure is followed for the election of Vice Chair.
Section 6. Vacancy of an Officer
Should a vacancy occur, for any reason, in the office of Chair or Vice Chair prior to the next annual election, a special election shall be held to fill the vacant office from among the membership. That member shall serve until a new appointment has been made.
5.23 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 8 Section 7. Removal of Elected Officers
The Chair or Vice Chair may be removed by a majority vote of the full Advisory Body at a regularly scheduled meeting of the Advisory Body, when all appointed members are present, or at a special meeting convened for that purpose at which a quorum is present. Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice Chair shall become the new Chair. An election for the Vice Chair shall then be agendized for the next meeting.
Section 8. Duties of the Chair
The Chair shall preside at all regular meetings and may call special meetings. The Chair shall decide upon all points of order and procedure during the meeting; their decision shall be final unless overruled by a vote of the Advisory Body, in compliance with Article IX, Section 2, “General Conduct of Meetings.” The Chair may not make motions, but may second motions on the floor. The Chair acts as primary contact for staff and shall represent the Advisory Body before City Council whenever the Advisory Body or Council considers it necessary. The Chair and staff shall jointly set the meeting agenda.
Section 9. Duties of the Vice Chair
The Vice Chair shall assume all duties of the Chair in the absence or disability of the Chair.
Section 10. Duties of the Acting Chair
In case of absence of both the Chair and the Vice Chair from any meeting, an Acting Chair shall be elected from among the members present, to serve only during the absence of the Chair and Vice Chair.
ARTICLE VII – STAFF SUPPORT
Section 1. Staff
Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council.
The City Manager shall designate appropriate staff to act as staff person(s) to assist and support the Advisory Body. Staff shall attend all regular and special Advisory Body meetings. Staff shall be responsible for coordination of such reports, studies, and recommendations as are necessary to assist the Advisory Body in the conduct of its business according to City Council policy and the Brown Act. Staff may enlist the assistance of other departments as required.
Staff shall be responsible for all public notification regarding all regular and special Advisory Body meetings.
Staff shall record the minutes of the meetings in accordance with the guidelines established in the “Preparation of Minutes” section of the City Councilmembers' Handbook, shall supervise volunteers and interns, shall work closely with the Chair between meetings, shall make recommendations, prepare reports and proposals to the Advisory Body, may represent the Advisory Body at other meetings, presentations, and other public functions as requested, and shall perform administrative tasks.
Staff shall be responsible for the maintenance of proper records and files pertaining to Advisory Body business. Staff shall receive and record all exhibits, petitions, documents, or other
5.24 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 9 materials presented to the Advisory Body in support of, or in opposition to, any question before the Advisory Body. Staff shall sign all notices prepared in connection with Advisory Body business, shall attest to all records of actions, transmittals, and referrals as may be necessary or required by law, and shall be responsible for compliance with all Brown Act postings and noticing requirements.
Section 2. Staff Relationship to the Advisory Body
Given limited staff resources, the Chair or individual members shall not make separate requests of staff without approval of the Advisory Body. If a member has a research or report request, it shall be brought to the Advisory Body for discussion, consideration, and recommendation prior to making the request of staff. If not approved by the Advisory Body, the individual member shall be responsible for their own research or report.
Staff and the Chair shall jointly set the meeting agenda.
ARTICLE VIII – MEETINGS
Section 1. Time and Location of Meetings
The Advisory Body will hold its regular meetings six times a year during the following months:
February, March, May, August, September, and November on the first Wednesday of the listed months which shall begin at 6:30PM in the City Council Chambers and will adjourn no later than 10:00 PM, unless the Chair, with concurrence of the Advisory Body, extends the time of adjournment.
If the scheduled date for a regular meeting falls on a holiday, such meeting shall be rescheduled in accordance with Council policy.
Section 2. Cancellation
If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled upon giving notice, unless a public hearing has previously been noticed.
Section 3. Special Meetings
The Chair of the Advisory Body, staff, or a majority of the membership of the Advisory Body may call a special meeting. Notice of such meeting shall state the purpose or the business to be transacted during such special meeting. No other business may be transacted at such special meeting other than as stated in the notice. Oral Communications are not required at special meetings as long as a statement appears on the agenda identifying that there will be no Oral Communications, but that members of the public will have the opportunity to address the Advisory Body on item(s) on the agenda.
ARTICLE IX – CONDUCT OF MEETINGS
Section 1. Compliance with the Brown Act and Council Policies All regular, special, and adjourned meetings of the Advisory Body shall be open meetings to which the public and the press shall be admitted in compliance with the Brown Act. Meetings will be held at City facilities which are accessible to persons with disabilities.
5.25 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 10 Section 2. General Conduct of Meetings
Points of order and conduct, including those not addressed by these Bylaws, shall be settled by the Chair, unless overruled by a majority vote of the Advisory Body. Points of order and conduct shall comply with the Brown Act, these Bylaws, and the City Councilmembers’ Handbook. The Chair will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting.
Section 3. How Items Are Placed on the Agenda
A request to have an item placed for consideration on a future agenda may be made by staff, any Advisory Body member or a member of the public. The Chair and staff will consider the validity (within the approved scope of work) and urgency of the request and determine when and if that item should be placed on an Advisory Body agenda. Issues can be referred to an advisory body by the City Council and may have time sensitive deadlines. The items must comply with the procedures in Article XII, Section 1, “Agenda Reports to Advisory Body.” Section 4. Quorum
A quorum of the Commission for the Prevention of Violence Against Women shall consist of four members, whether or not there are vacancies on the Advisory Body.
Section 5. Absence of a Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by the Chair, Vice Chair, or staff.
A meeting may be declared adjourned for lack of a quorum after a 15-minute period has elapsed from the scheduled time of the start of the meeting. A meeting may also be declared adjourned in advance, if absence notifications received by staff provided for lack of a quorum. Adjournment may be declared by any member or staff.
Section 6. Agenda
The Chair and staff shall jointly set the meeting agenda and its format shall conform to the template set by Council Policy.
Section 7. Order of Business
The Chair or a majority vote of the Advisory Body may change the order of business.
ARTICLE X – MOTIONS
Section 1. Call for Motion
Upon conclusion of preliminary discussion, any member other than the Chair may place a motion on the floor. The motion shall contain the proposed action.
Section 2. Seconding a Motion
The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.
5.26 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 11 Section 3. Lack of a Second
If, after a reasonable time, no second has been made, the motion shall be declared dead for lack of a second, and the Chair shall state this. This shall not be considered an action of the Advisory Body and shall not be included in the minutes.
Section 4. Discussion/Debate
After a motion has been made and seconded, the Chair shall call for a discussion of the question.
All discussion shall be limited to the motion on the floor. At the close of the discussion, the Chair shall put the matter to a vote.
Section 5. Time Limits on Discussion/Debate
The Chair may, at their discretion, limit debate of any motion; except that each member shall have the opportunity to speak.
Section 6. Amending a Motion
A motion to amend may be made by any member to revise a motion on the floor; but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the second accept it as a friendly amendment, and, if it passes, it then becomes part of the main motion.
Section 7. Withdrawing a Motion
Any motion may be withdrawn by the maker and the second and shall not be included in the meeting minutes.
Section 8. Motion to Table
A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another member has the floor. A motion to table requires a second, is not debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted. Members will refrain from using a motion to table as a means of capriciously limiting debate among members, to suppress a minority of the Advisory Body, or to avoid public input on an agenda item under consideration by the Advisory Body.
Section 9. Results of Voting
The Chair shall state the results of each vote, e.g., “The motion passes by a vote of five to two.” ARTICLE XI – VOTING
Section 1. Statements of Disqualification
Section 607 of the City Charter states that “...All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.” No member may abstain from voting on any item, except on the approval of the minutes, when that member was absent.
The City of Santa Cruz has adopted a Conflict of Interest Code, and Section 8 of that Code states that “no person shall make or participate in a governmental decision which s/he knows or has reason
5.27 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 12 to know will have a reasonably foreseeable material financial effect distinguishable from its effect on the public generally.”
Any member who has a disqualifying interest on a particular matter shall do all of the following:
1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required; 2) Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of government code Section 87100;
3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter has been placed on the portion of the agenda reserved for uncontested matters;
4) Notwithstanding paragraph 3, a public official may speak on the issue during the time that the general public speaks on the issue.
Any question regarding conflicts of interest shall be referred to the City Attorney.
Section 2. Voice Vote
All questions shall be resolved by voice vote. Each member shall vote “Aye” or “No” and the vote shall be so entered into the minutes, noting the vote of each member. A member may state the reasons for their vote, which reasons shall also be entered into the minutes of the meeting.
All members including the Chair shall vote on all matters, except where they have a disqualifying interest.
Section 3. Roll Call Vote
Any member may request a roll call vote, either before or immediately after a voice vote. A roll call vote shall be taken without further discussion. The Advisory Body staff shall call the roll and each member shall state their vote for the record.
Section 4. Sealed Ballot Votes
No Advisory Body shall take a sealed ballot vote in open session.
Section 5. Adoption of
Adoption of a motion shall be made by a simple majority of the members present, except as otherwise provided. The Chair shall restate the vote for the record, e.g., “The motion is approved by a vote of five to two.”
Section 6. Tie Votes
Tie votes will be resolved as follows:
Statement of Disqualification: A tie vote resulting from a Statement of Disqualification of one or more members, with no members absent and no vacancies on the Advisory Body, shall constitute a defeat of the motion.
Absence: A tie vote during the absence of one or more members, or when there is a vacancy on the Advisory Body, shall cause the item to be automatically continued to the next meeting; except that, as to matters on which action must be taken on a date prior to the next meeting, a tie vote shall constitute a denial of the requested action.
5.28 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 13 Successive Tie Vote: A tie vote at the next meeting on a matter that has been continued as a result of a tie vote shall constitute a denial of the appeal or defeat of the motion.
ARTICLE XII – REPORTS
Section 1. Agenda Reports to Advisory Body
All agenda items require a written report. Written reports serve as the analysis, detail, history, and justification for each agenda item. Reports shall include recommendation(s) and background.
If a report is initiated by an Advisory Body member, a draft of that report shall be provided to staff for formatting at least seven (7) business days prior to the meeting. Staff shall then format reports to be consistent with content, style, and formatting of City Council agenda reports. Items initiated by a committee shall be processed in the same manner. Draft reports not submitted in a timely manner shall be placed on a future agenda.
Section 2. Committee Reports
Committee reports may be verbal or written and may be accompanied by written documentation.
Section 3. Preparation of Advisory Body-Generated City Council Agenda Reports All resolutions and recommendations adopted by the Advisory Body and addressed to the City Council shall be delivered to the Mayor as soon as possible. If the action requests City Council action, the item shall be placed on a future City Council agenda. Agenda reports to the City Council from the Advisory Body shall be written reports consistent with content, style, and formatting of City Council agenda reports.
Additionally, the agenda report shall include a section called analysis, which includes the pros, cons, and foreseeable consequences of the recommendation(s). In the event that staff and the Advisory Body disagree, an analysis of both recommendations shall be included.
ARTICLE XIII – RECORD KEEPING
Section 1. Maintenance of Records
All records shall be maintained according to the City of Santa Cruz Records Retention Schedule.
Section 2. Action Agenda
Action agendas are required for Advisory Bodies with direct City Council appointments. An action agenda is an unofficial record of the meeting and shall consist of attendance; motion maker and seconder of the motion; and an actual tally of the votes for all actions taken. The action agenda shall be made available to the Advisory Body, the City Clerk, and Staff within four working days of the meeting.
Section 3. Minutes
Action-only minutes will be produced for all Advisory Body meetings in the same format as that used for City Council meetings. Advisory Body members who want a particular comment included in the minutes must state “for the record” before making such comment. Minutes shall be reviewed, corrected as appropriate, and or amended and approved by the Advisory Body at a subsequent meeting.
5.29 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 14 Subcommittee reports presented orally in a meeting shall be summarized in the minutes.
Section 4. Audio and Video Recording of Meetings
Proceedings for all Advisory Body meetings shall be recorded whenever possible. The audio recordings shall be retained for one year pursuant to the City of Santa Cruz Records Retention Schedule.
As appropriate and/or when requested by the Advisory Body or City Council, a meeting of the Advisory Body may be video recorded or televised.
Members of the public have the right to make recordings of a meeting without disrupting the proceedings under any circumstances.
ARTICLE XIV – COMMITTEES
Section 1. Ad Hoc Committees
Ad hoc committees are established by an Advisory Body to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Ad hoc committees generally serve only a limited or single purpose, are not perpetual, and are dissolved once their specific task is completed. An ad hoc committee shall be less than six months in term and shall have fewer members than a simple majority of the membership of the appointing Advisory Body. Ad hoc committees shall bring back information to the Advisory Body in either oral or written form.
Following ad hoc committee input, the Advisory Body shall then discuss, deliberate, and make recommendations on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. This shall take place in the presence of a quorum of the Advisory Body at a properly noticed public meeting.
Ad hoc committees shall not be subject to the Brown Act. City staff shall not be required to be present at ad hoc committee meetings. All ad hoc committees shall provide a final report to the Advisory Body in lieu of minutes.
Section 2. Standing Committees
Standing committees are bodies established to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Advisory Body. Standing committees are ongoing in nature and are created to deal with issues and make decisions on behalf of the Advisory Body. The public has a right to participate in this process. Standing committees are subject to the Brown Act and staff will provide only such support as to ensure such compliance.
The Commission for the Prevention of Violence Against Women has established one standing committee: the Police Committee. The Police Committee will provide time on each meeting agenda to adjourn, if necessary, to a confidential session to review/discuss police reports and other confidential matters pertaining to the SC Police Department.
Section 3. Staff Support to Committees
City staff shall normally not be required to attend or provide support for standing or ad hoc committee meetings, unless directed by the department head. All ad hoc committees shall
5.30 Bylaws of the City of Santa Cruz Commission for the Prevention of Violence Against Women Page 15 provide a final report to the Advisory Body in lieu of minutes. All standing committees shall provide reports, no less than quarterly, to the Advisory Body.
Section 4. Appointments
Committees shall be established by majority vote of the Commission. The Chair of the Advisory Body may designate or solicit participation for standing and ad hoc committees. A committee shall be composed of one or more Commissioners, not to exceed three Commissioners. Staff is not a committee member and may or may not be present at subcommittee meetings.
Section 5. Committee Meetings
All standing or ad hoc committee meetings shall be held upon call of the Committee Chair.
ARTICLE XV – AMENDMENTS
A majority of the full membership of the Advisory Body may amend these bylaws, subject to the approval of the City Council.
ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of not less than a (4/7) majority of the full membership of the Commission for the Prevention of Violence Against Women of the City of Santa Cruz and approval of the City Council, these Bylaws shall be in full force and effect. Any and all previously adopted bylaws are hereby superseded.
These Bylaws shall not be considered or construed as superseding any ordinance or directive of the City Council of the City of Santa Cruz, nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Advisory Body may direct its activities.
5.31 City Council
AGENDA REPORT
DATE: 09/05/2024
AGENDA OF: 09/24/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Colligan Theater Manager Lease (EDH)
RECOMMENDATION: Motion to approve and authorize the City Manager to execute the Colligan Theater Lease Agreement with Theatre 831 dba All About Theatre, and any subsequent non-substantive amendments in a form approved by the City Attorney.
BACKGROUND: The Tannery Arts Center is a multi-faceted campus. It currently consists of the Tannery Artists Lofts, 100 units of affordable rental housing, designed as artist live/work space that was completed in 2009. The Artists Studios/Digital Media Center, consisting of 28 art studios in two restored historic structures, was completed in 2012. Restoration of the historic Kron House was completed in 2013 and currently serves as the home office of the Arts Council Santa Cruz County.
Construction of the Colligan Theater in the restored Hide House was financed by the private fundraising efforts of the Tannery Arts Center Inc (TAC). Originally the property was ground leased to TAC for the facility. The construction was completed in fall 2015 and the building was subleased to the Jewel Theatre Company (JTC). With no real reason for continuing, in 2018, the ground lease with the City was terminated and the City entered into a leasing arrangement directly with the JTC. In 2023, the JTC publicly announced that the 2023/2024 season would be their last to be held in the Colligan Theatre. In the letter to JTC subscribers, the post-COVID loss of season ticket subscriptions, the low audience return, and rising costs for materials and personnel were cited as primary reasons.
In an effort to make the search and selection of a new tenant as broad based and transparent as possible, the City’s on-line procurement platform, OpenGov, was used. A Request for Proposals (RFP) for a new Colligan Theater Operator was released on December 20, 2023, with a submission deadline of February 27, 2024. In response to a request for additional time, the submission deadline was extended to March 21, 2024. Through the OpenGov platform, the RFP was viewed over 1,000 times. The system sent out over 1,500 invitations to bidders and staff specifically sent invitations to all who had reached out with interest in the facility. Email invitations were also sent to eight Bay Area theater organizations, and to Bay Area theater news sites and newsletters. By the time the RFP closed, only two submissions were received. The evaluation committee was composed of multi department City staff, City Arts Commissioners, the Arts Council Santa Cruz County, and the Colligan operator. Close examination of the submissions yielded the conclusion that neither applicant met all the required qualifications,
6.1 particularly none had shown at least 5 years of managing a performing arts venue or public facing facility.
A second RFP was launched on May 8, 2024, for a Colligan Theater operator. The minimum qualifications were revised so that a combination of other experience could be substituted for the management of a performing arts venue or public facing facility. That RFP yielded only one applicant who was evaluated to meet the qualifications. The applicant is Theatre 831, doing business as (dba) All About Theatre (AAT).
DISCUSSION: The requirements below for the new Colligan Manager were in the RFP:
(1) establish consistent financial stability and sustainability for Colligan Theater operations, while minimizing the level of financial support required by the City; (2) provide a cultural facility and performing arts venue that is available and affordable for use by local community organizations and non‐profits for the maximum number of events that is feasible;
(3) enrich the community through the promotion and presentation of quality entertainment, cultural events, and performances of interest to all segments of the community; and (4) schedule frequent programming at the Theater so that it will function as an economic catalyst for the Tannery Arts Center while also harmonizing with the housing and working artist studio usage at the campus.
AAT submitted materials supporting a comprehensive approach toward managing the facility and documented its ability to meet the performance standards set by the City. AAT is a Santa Cruz based non-profit organization committed to enriching the community through the arts. AAT has been operating for 21 years, serving 3-year-olds through adults, year-round in the field of performing arts & education. The business model is quite different than that of a single theatre production company since it involves teaching acting, and all aspects of theater production through the programming it offers. With a particular focus on youth, parental and family engagement levels are optimized. Their approach to operating and management for the Colligan will include the establishment of a Colligan Advisory Board composed of local artists and leaders. By increasing use of the theater lobby and expanding the opportunities for facility rental, a diversification of revenue sources will increase the fiscal stability of operations. AAT has a very engaged board and a broad network of volunteers who will be involved in regular assessments of operations and operational expenses to identify cost saving opportunities. By strengthening strategic partnerships and collaborations, AAT plans to increase grant funding eligibility, expand marketing and audience development initiatives, and implement comprehensive long term financial planning and risk management strategies.
Major lease provisions.
Term: Initial 5 years based on meeting mutually established performance goals in years 1-3.
One additional 5-year extension, at the City’s discretion, based on mutual agreement.
Rent: $2,000/month for years 1-3, rent increase based on CPI in subsequent years.
6.2 Additional Rent: Tenant pays all building operating and maintenance costs.
Tannery Common Area Maintenance (CAM): Costs are in addition to the rent and the building operating costs. Tenant right of Termination if the CAM expenses exceed $60,000 in a calendar year.
Taxes: Tenant pays all possessory interest, collects and remits City Admissions Tax.
The lease will require the goal setting and annual reporting on the following metrics:
· Total revenue generated from all sources.
· Bottom line net income of operations.
· Frequency of use by non-profit arts & culture organizations. · Number of individuals attending Colligan Theater events. · Demonstrated media presence for the Colligan and the City of Santa Cruz.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: None.
HEALTH IN ALL POLICIES (HiAP): AAT’s operations are grounded, as stated in the words of the Executive Director, in the belief of the “transformative power of live theater and its ability to foster creativity, promote inclusivity, and strengthen community connections.” The organization has a robust scholarship program and encourages participants and parents to contribute skills and labor in return for reduced participation fees. The AAT is dedicated to ensuring the arts remain accessible to all members of the Santa Cruz community, regardless of socio-economic status or cultural background.
FISCAL IMPACT: The Colligan Theater lease rent will be collected in Fund 281 (Successor Agency) to cover future capital costs for the building. The Colligan Theater tenant is also assessed 13% of the Tannery property CAM costs incurred by the Tannery Owners Association.
The administration of the Tannery property CAM costs is managed by the John Stewart Company.
Prepared By:
Kathryn Mintz
Development Manager
Submitted By:
Bonnie Lipscomb
Economic Development and
Housing Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT LEASE AGREEMENT.PDF
2. THEATRE 831 RFP SUBMISSION.PDF
3. LETTERS OF SUPPORT.PDF
6.3 LEASE AGREEMENT
THIS LEASE AGREEMENT (the “Lease”) is made and entered into as of __________________________, by and between Theatre 831, a California nonprofit public benefit corporation, doing business as All About Theatre (“Tenant”) and the City of Santa Cruz (“City” or “Landlord”).
RECITALS
A. WHEREAS, Landlord is the owner of certain real property and improvements consisting of an approximately 7,792 square foot theater, commonly known as the Colligan Theater, 1010 River Street in the City of Santa Cruz, Assessors Parcel No. 008-661-13________ and further detailed in Exhibit A (the “Premises”).
B. WHEREAS, the Premises is located on the Tannery Arts Center Campus (the “Property”) as shown on the map attached as Exhibit B.
C. Whereas the Tannery Arts Center Campus is governed by the Tannery Owners Association (TOA) and incurs the Common Area Operating Expenses defined herein and the TOA is managed by the John Stewart Company;
D. WHEREAS, Tenant is currently operating a non-profit corporation specializing in teaching acting, music, and dance to children ages three to adults.
E. WHEREAS, Landlord desires to lease the Premises to Tenant for the operation of a theater in accordance with the terms and conditions of this Lease.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Lease of Premises.
1.1 General. City leases to Tenant the Premises comprising a theater of approximately 7,792 square feet known as the Colligan Theater.
1.2 Tenant Improvements. Tenant may be allowed to make such Tenant improvements as may be necessary or convenient to Premises to adapt it to particular use, with the approval of the City(“Tenant Improvements”). In the event Tenant proposes to make interior alterations that are nonstructural, Landlord shall not unreasonably withhold its consent. However, as to improvements that are structural or affect the roof or exterior of the Premises, Landlord may
6.4 deny Tenant’s improvement plan at Landlord’s sole discretion. Tenant shall be responsible for all Tenant Improvement costs and for ensuring that all work necessary to complete any approved Tenant Improvements is performed in accordance with applicable federal, state and local laws, rules and orders including, without limitation, workers compensation laws, building, and health and safety laws.
Upon completion of any Tenant Improvements, City shall provide written acceptance of such improvements within 30 days after notice is delivered and deems sufficient a notice by Tenant thereof certifying completion and including final building permit(s) and final lien releases from all contractors.
If the City contends that any of Tenant Improvements are not created or maintained in accordance with the terms of the Lease, the City shall have the right, but not the obligation, to pursue Tenant directly, to have the improvements removed or ameliorated.
1.3 Condition of Premises. Within 30 days of the Commencement Date, unless otherwise indicated in writing, Tenant shall be deemed to have acknowledged that it recognizes the uniqueness of the Premises and accepts them in their current and disclosed “AS IS, IN ITS CURRENT CONDITION, WITH ALL FAULTS” condition existing on the date of execution of this Lease, subject to all applicable zoning, municipal county or state laws, ordinances and regulations affecting the use of the Premises. Within 30 days of the Commencement Date, unless otherwise indicated in writing, Tenant shall be deemed to have acknowledged that it has satisfied itself, by its own independent investigation, that the Premises are suitable for its intended use and neither Landlord nor its agents or representatives have made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant's business.
1.4 Acceptance of Leased Premises.
Tenant will have thirty (30) days after the Commencement Date for this Lease to inspect the Premises, and to report in writing to City any defects, with Tenant reserving the unilateral right to disapprove the condition of the Leased Premises for any reason during said thirty (30) day period. Thereafter, Tenant will be presumed to have accepted the condition of the Leased Premises except only for defects reported by Tenant in writing and delivered to City during those first thirty (30) days or for defects related to items in the Punch-List which have not been completed as of the Commencement Date.
2. Term.
2.1 Initial Term. The Initial Term of this Lease ("Lease Term") shall commence ("Commencement Date") on the next business day after the mutual execution and delivery of this Lease. Unless sooner terminated as provided herein, the Lease Term shall end five (5) calendar
6.5 years following the Commencement Date ("Termination Date") provided that annual reporting and performance benchmarks established in Exhibit F Reporting Requirements.
2.2 Extended Term. So long as (i) Tenant is not in default hereunder, (ii) Tenant has not assigned or subleased the Premises in violation of the provisions of this Lease, and (iii) the City approves, in writing, of the proposed extension, Tenant shall have the right to extend its lease of the Premises up to two (1) additional five (5) year terms, subject to a one-time adjustment at the commencement of each Extended Term, not to exceed 5% of the base rent for the previous Term. Tenant may exercise said option to extend the Lease Term by giving written notice to Landlord at least four (4) but not more than six (6) months before the expiration of the initial term.
This option to extend applies only to Tenant and cannot be exercised by any sublessee or assignee without Landlord’s prior written consent.
2.3 Tenant Right of Termination if Common Area Operating Expenses exceed $60,000 in any Calendar Year of the Initial Term of this lease. If for any reason Common Area Operating Expenses exceed $60,000 in any lease year of the Initial Term, Tenant is hereby given the right, at its sole discretion, to terminate this Lease without any further obligation to the City.
3. Rent.
3.1 Base Rent. Tenant shall pay to City without deduction, setoff, notice or demand the monthly Minimum Rent of $2,000 per month commencing on the Commencement Date of this Lease.
Rent shall be paid in advance without demand on the first day of each month ("Due Date") during the Lease Term in lawful money of the United States to the City at such address as City may hereafter designate. Any Rent received more than ten (10) days after it is due shall be subject to a late fee equal to five percent (5%) of the total Rent then payable by tenant. In addition, any installment of Rent due under the provisions of this Lease which remains unpaid on the thirtieth (30th) day after it is due, together with any unpaid late fees, shall accrue interest from the due date of the installment, until paid, at the annual rate of twelve percent (12%) or the maximum rate allowed by law, whichever is less.
No payment by Tenant or receipt by City of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and City may accept such check or payment without prejudice to City's right to recover the balance of such Rent or pursue any remedy provided in this Lease. If the Lease Term begins or ends on a day other than the first or last day of the month, the Rent for any partial month shall be prorated on a per diem basis.
6.6 3.2 Base Rent to be Triple Net. It is the purpose and intent of City and Tenant that the Rent payable under this Section 3 shall be triple net to City meaning net as to real property taxes (including any Possessory Interest tax) payable by Tenant pursuant to this Lease and other expenses specific to the Leased Premises. Throughout the term of this Lease, including any renewal or extension period(s) Tenant shall be responsible for payment of Common Area Operating Expenses duly established by the Tannery Owners Association ("TOA"), but not to exceed 14.0% of overall Common Area Operating Expenses, pursuant to the provisions below and as defined by those provisions.
Common Area Operating Expenses Defined and Procedures for Payment Established. (a) "Common Area Operating Expenses" include only the expenses listed below incurred by the Tannery Owners Association relating to the operation of the Common Area of the Tannery Arts Center. "Common Area" shall mean Lot 6, Lot 7, and Lot 8, as said Lots are shown and delineated on the map of "Tract No. 1533, Tannery Subdivision" filed for record in the Office of the Santa Cruz County Recorder on July 10, 2007, in Volume 112 of Maps, at Page 2. (1) The operation, repair, and maintenance in neat, clean, safe, good order and condition, of the following:
A. The common areas, including their surfaces, coverings, decorative items, decorative items, and including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, stairways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, building exteriors and roofs, fences and gates; and
B. All heating, air conditioning, plumbing, electrical systems, safety equipment, communication, systems and other equipment used in common by, or for the benefit of lessees or occupants of the Tannery Arts Center, including elevators and escalators, tenant directories, and fire detection systems including sprinkler system maintenance and repair.
(2) Trash pickup and disposal, gardening, parking lot sweeping, janitorial services, pest control services, and the expenses of any governmentally required environmental inspections so long as not separately paidtenants;
(3) Costs of security guards, guard gates, and/or key gates at entrances to the Tannery Arts Center Project from the public streets, and any other security systems or services installed or contracted for by the TOA;
(4) The expense of the premiums for insurance policies maintained by TOA for flood, fire, casualty, liability, workers compensation or other insurance covering the Common Area, but not any other TOA insurance and not any deductible portion of an insured loss concerning
6.7 the Common Areas;(5) The expense of water, sewer, gas, electricity, and any publicly mandated utility services not separately metered;
(6) The expense of providing water service to the Common Areas; (7) Labor, salaries and applicable fringe benefits and costs, materials, supplies and tools, used in maintaining and/or cleaning the Common Areas of the Tannery Arts Center and expenses of management and administration of the TOA, including, but not limited to, managers, accountants, attorneys and employees and bonding members of the TOA Board and any professional managing agent or other person handling the funds of the TOA; (8) Real property taxes and/or assessments (if any) paid by the TOA for the Common Areas, including, without limitation, assessments levied on or with respect to the Common Areas; and
(9) Replacement of equipment or improvements that have a useful life for accounting purposes of five years or less.
(b) Any item of Operating Expense that is specifically attributable to the Premises (including the Theater Building) shall be allocated entirely to such Premises (including the Theater Building) (c) Tenant's share of Common Area Operating Expenses is payable monthly on the same day as the Base Rent is due hereunder to the TOA in care of The John Stewart CompanyThe amount of such payment shall be based on TOA's estimate of the Common Area Operating Expenses, which shall be provided by the TOA to Tenant within 15 calendar days before the Commencement Date. Within 60 days after written request (but not more than once each year) TOA shall deliver to Tenant a reasonably detailed Statement showing Tenant's share of the actual Common Area Operating Expenses listed under subsection (a) above and incurred during the preceding year. If Tenant's payments during such year exceed Tenant's share, TOA shall credit the amount of such overpayment against Tenant's future payments. If Tenant is no longer the Lessee such credit shall be paid to Tenant in cash or equivalent within 60 days of the Statement being due. If Tenant's payments during such year were less than Tenant’s share, Tenant shall pay to TOA the amount of the deficiency within 60 days after delivery by TOA to Tenant of the Statement.
Notwithstanding the foregoing, under no circumstances the Tenant's share of Common Area Operating Expenses may include any expense for the following:
(1) expenses associated in any way with dealing with pollutants or hazardous materials on the site, including but not limited to compliance with the DISC Encumbrance (also known as the COVENANT TO RESTRICT USE OF PROPERTY - ENVIRONMENTAL RESTRICTION), the DTSC Operation and Maintenance Agreement requirements, testing, monitoring and maintenance regarding environmental conditions, or engineered remedial
6.8 systems designed to bring down the pollutant concentration much closer to any DTSC or SWRCB-established cleanup goals;
(2) unpaid Assessments;
(3) reserves established by the TOA;
(4) amounts paid by the TOA for discharge of any lien or encumbrance levied against the Tannery Art Center or portions thereof;
(5) expenses incurred by the Management Committee or other committees established by the TOA Board;
(6) expenses associated with compliance with any of the covenants or other documents listed in Section 5.3(b)(l)-(5) below; or
(7) any other expenses not listed under subsection (a) above, even though incurred by the TOA for any reason whatsoever in connection with the Common Area, or the expenses of any other item or items designated by the CC&Rs, the Articles, Bylaws or TOA Rules, or in furtherance of the purposes of the TOA or in the discharge of any duties or powers of the TOA.
3.3 Taxes. Tenant shall pay before delinquency all taxes, assessments, license fees and other charges ("taxes") that are levied and assessed against Tenant's personal property installed or located in or on the Subleased Premises which become payable during the term. On demand by the City, Tenant shall furnish City with satisfactory evidence of these payments.
3.4 Admissions Tax. Any and all events performed on the Leased Premises which sell tickets or generate ticket sales revenue shall be subject to the City of Santa Cruz admissions tax ("City of Santa Cruz Admissions Tax"). The City of Santa Cruz Admissions Tax shall be remitted directly to City of Santa Cruz Finance Department monthly in the normal course of business pursuant to applicable City of Santa Cruz regulations. Tenant shall prepare a monthly statement for the Project ("Admissions Tax Statement") that includes the date and time of day of each event held at the Leased Premises for which admissions fees were gathered; the price of tickets or entry fee collected; the number of tickets sold (at each level if more than one price level was charged); the amount collected for admissions tax; and, for events produced by outside producers, in addition to the information previously noted in this Section 3.4, a copy of the OneTime Admissions Tax Certificate for each event by an outside producer. Within thirty (30) days after the end of each month, Tenant shall submit the monthly Admissions Tax Statement to the City of Santa Cruz Finance Department for review and approval together with any City of Santa Cruz Admissions Tax due for the applicable month as shown in the monthly Admissions Tax Statement.
The City of Santa Cruz Finance Department shall be entitled, within sixty (60) days after receipt
6.9 of the monthly Admissions Tax Statement, to cause an audit to be made by any person authorized by the City of Santa Cruz of all records and books of account kept by Tenant in connection with the operation of the Theater Building, together with all supporting data relating thereto, and if such audit discloses that ticket sales revenue as previously reported for the period audited were understated, Tenant shall, within thirty (30) days of demand, pay to the City of Santa Cruz Finance Department the additional City of Santa Cruz Admissions Tax due for the period audited, together with interest on such shortage of City of Santa Cruz Admissions Tax from the time such amount became due at the rate of twelve percent (12%) per annum, simple interest, or the maximum rate allowed by law, whichever is less. If such understatement was in excess of two percent (2%) of actual ticket sales revenue as disclosed by such audit, the City shall have the right to obtain the reasonable cost of such audit from Tenant. After a demand by the City, the Tenant shall, within thirty (30) days, pay the amount demanded by the City.
3.5 Separately Metered water, gas and electrical service. Tenant shall pay any and all water, gas and electrical service charges applicable to Premises that are separately metered and invoiced to the Premises during the Lease Term. Additionally, Tenant shall hold City harmless from any liability for all charges for water, gas, sewage, electricity, telephone and other utility service supplied to the Premises.
4. Parking Plan.
City shall provide eighty (80) parking spaces in the South Parking lot of the Tannery Arts Center, in strict compliance with Exhibit D, Theater Parking. Sixty-eight (68) of such parking spaces shall be securable by Tenant in accordance with such Parking Plan and twelve (12) of such parking spaces shall be in the common parking area in the South Parking lot. All such parking spaces shall be marked in accordance with such Parking Plan. A copy of the Parking Plan is attached hereto as Exhibit C. The Parking Plan and the provisions of this Section 4 prevail over any inconsistent provisions contained in that certain "Declaration of Covenants, Conditions and Restrictions for Tannery Art Center," executed by City of Santa Cruz and recorded in the Official Records of the County of Santa Cruz, State of California on August 8, 2007 as Document No. 2007-0043156 ("CC&Rs"). A copy of the CC&Rs is attached hereto as Exhibit D.
5. Primary Use, Permitted Use and Prohibited Uses of Subleased Premises.
5.1. The Leased Premises shall be used and occupied only by Tenant and its licensees/or agents and shall be used for any lawful purpose, subject to the use restrictions set forth herein and the use restrictions in the CC&Rs, and for no other use or purpose. Tenant may grant licenses for use of the Premises by production or theater companies for individual productions or events and such licenses shall not be considered subleases requiring consent by City of Santa Cruz, so long as: (i) such license arrangements are set forth in a written contract between Tenant and the licensee, (ii) the licensee agrees to use the facility subject to the terms of this Lease, and
6.10 (iii) such licenses are for periods not to exceed 4 consecutive months or no more than 7 months in total in any one year.
5. 2. Uses and Prohibited Uses. Tenant (and its licensees) shall have the right to use the Premises for any lawful purpose, subject to the use restrictions set forth in this Section 5 provided, however, in no event shall the Premises be used for any purpose or use (nor shall any activity be carried on upon the Premises) which in any manner causes, creates or results in a public or private nuisance. All use of the Premises must be compatible with the Tannery Arts Center. Without prior written consent by City, which shall not be unreasonably withheld, the Premises shall be used only as a theater to provide performance, rehearsal and educational space for visiting and local organizations and performing artists, lecturers, dance companies, and musical groups as well as other exhibitions, festivals and/or fund-raising events. Tenant may use the Premises and the Improvements only for the uses specified in this Section and uses ancillary to such primary uses as herein specified. Tenant (and its licensees) shall use the Premises and the Improvements thereon for no other purpose without the prior written consent of City of Santa Cruz, which City of Santa Cruz may grant or withhold in its reasonable discretion. Under no circumstances shall the Premises be used for X-rated or sexually oriented entertainment or shows, entertainment involving excessive violence, or exhibitions or sales where the primary focus is firearms. In no way shall the Leased Premises be used as a movie theater, film, or art house, or otherwise for-profit entertainment facility of any kind without prior written consent by City, which shall not be unreasonably withheld; however, up to ten percent of performances annually may be films or movies, provided they are not X-rated, without prior written consent of the City. Such limited for-profit use shall be allowed provided such activities are lawful and in compliance with Tenant's tax-exempt status, charitable purpose, and mission.
5.3 Use Obligations.
(a) Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, gender identity, gender expression, sexual orientation, height, weight, physical appearance, marital status, ancestry or national origin, familial status, source of income, disability, or genetic information in the sublease, transfer, use, occupancy, tenure or enjoyment of the Premises or the Improvements thereon, or any part thereof, and neither Tenant itself, nor any person claiming under or through it, shall establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees of the Premises or the Improvements thereon, or any part thereof. Furthermore, Tenant shall refrain from restricting the rental, or lease of the Premises or the Improvements thereon, or any portion thereof, on the basis of any of the above listed grounds.
All Tenant contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
6.11 In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, gender identity, gender expression, sexual orientation, physical disability, mental disability, medical condition, height, weight, physical appearance, marital status, ancestry or national origin, age, familial status, source of income, disability, genetic information, or military and veteran status of any person, so as to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment."
(b) Consistency with Recorded Covenants and Other Documents. Tenant shall use the Premises in a manner consistent with the following documents and though Tenant shall have no obligation under this Lease to perform any compliance requirements in those documents, Tenant shall allow the City as property owner to carry out any obligations it may have for all operation, maintenance, repair, replacement and/or other compliance requirements therein. (1) the Covenant to Restrict Use of Property, Environmental Restriction recorded July 23, 2007 in favor of the Department of Toxic Substances Control (DTSC Encumbrance); (2) Conditions, Covenants and Restrictions (CC&R's) recorded August 8, 2007 as to the Tannery Arts Center property;
(3) the Certification Letter;
(4) the Mitigation Monitoring Program prepared for the Tannery Arts Center Final EIR and any requirements imposed as a result of the City's having approved all required permits for the Project; and
(5) City Resolution NS-26,924.
5.4. Use Prohibitions. Tenant agrees that it and its licensees in connection with the use and operation of the Premises will not:
(a) Create or permit undue accumulations of garbage, trash, rubbish or any other refuse; or (b) Create, cause, maintain, or permit any nuisance (as the same may be defined by applicable law) in or on those areas of the Premises under the control of Tenant; or (c) Commit or suffer to be committed any waste in or on the Premises under the control of Tenant; or
(d) Use or allow the Premises to be used for any unlawful purpose, or for any purpose which
6.12 violates the terms of this Lease, or any recorded instrument affecting the Premises; or (e) Do or permit to be done anything which m any way unreasonably disturbs the occupants of neighboring property; or
(f) Cause or permit any insurance coverage on the Premises or the Improvements to become void or voidable or make it impossible to obtain any required insurance at commercially feasible rates; or
(g) Intentionally cause or knowingly permit any material structural damage to the Premises or the Improvements or to any adjacent public or private property; or (h) Violate any law, ordinance or regulation applicable to the Premises and the Improvements thereon; or
(i) Use or permit the use of any Hazardous Materials (as defined below) on or about the Premises, except for amounts used by Tenant or licensees of the Premises in the ordinary course of business and in compliance with all applicable regulatory requirements. As used in this Lease, the term "Hazardous Materials" shall mean any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous substance" pursuant to of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903); (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property.
6. Assignment and Subleasing.
Tenant shall not assign this Lease or further sublease all or any part of the Premises without the prior written consent of City, which may be withheld at the sole discretion of the City. Tenant may grant licenses for use of the Leased Premises by production or theater companies for individual productions or events to the extent authorized in Subsection 5.1 and such licenses shall not be considered subleases requiring consent by City of Santa Cruz.
7. Waste.
In order to comply with Subsection 5.4(c), Tenant and its licensees shall conserve heat, air conditioning, water, and electricity and, shall not commit waste in or on the Premises, and shall
6.13 use due care in the use of the Premises and of the public areas in the Theater Building, and without qualifying the foregoing, shall not damage any water fixture, electric light, or heating, ventilation and air conditioning (HVAC) equipment. Tenant shall pay promptly to City forthwith, upon demand, an amount equal to any expense incurred by City in repairing such damage to the Premises or the Theater Building where such repair was made necessary by the negligent or other faulty misuse by Tenant of the Premises. For purposes of this Section, Tenant includes an employee, agent, customer, licensee or invitee of Tenant.
9. Signs.
Unless in compliance with the provisions of the CC&Rs, Tenant shall not place any signs, nor permit any signs to be placed on the Theater Building or the Premises without the prior written consent of the City. Tenant must comply with the signage requirements of the City of Santa Cruz Planning Department and must obtain permits when required.
10. Right to Enter.
The City, its agents, employees and representatives may at reasonable times during the day and night, with 24 hours prior written notice to Tenant (except in the case of emergency repairs) given by way of mail, fax, or posting on Tenant's door of Premises, enter to view and inspect the Premises, or to make repairs, or to make such improvements or changes in the Premises or the Theater Building as the City may deem legally authorized or required. The right of entry reserved in the immediately preceding sentence shall not be deemed to impose any greater obligation on the City to maintain, repair, improve or change the Premises than is specifically provided in this Lease. The City, its agents, employees and representatives may, at any time in case of emergency, enter the Premises and do such acts as the City may deem legally authorized or required in order to protect the Premises, the Theater Building or occupants of the Theater Building. There shall be no diminution of Rent payable by Tenant, or liability on the part of the City by reason of inconvenience, annoyance or injury to business on account of any such entry or acts by the City, its agents, employees and representatives. The City shall have the right to show the Premises for leasing at all reasonable times during the last 180 days of the Lease Term.
11. Limited Release of Liability.
The City shall not be liable to Tenant or those claiming through or under Tenant, for injury, death or property damage occurring in, on or about the Premises, except to the extent attributable to the gross negligence or willful misconduct, of the City (including its agents, officials, employees or representatives), as applicable. Tenant, as a material part of the consideration for this Lease, hereby expressly waives and releases all claims against Landlord, its officers, employees, representatives and agents, for any injury or damage to any person or property on or about the Premises arising for any reason.
6.14 12. Indemnification.
Tenant shall indemnify, hold harmless, and defend the City (and its agents, officials, employees and representatives) from any claim or damage arising out of any injury, death or property damage including attorney’s fees and costs (collectively, Claims”) occurring in, on or about the Premises, which relate to: (i) the obligations of Tenant, its employees, and agents under this Lease; (ii) the acts or omissions, or negligence of Tenant or its employees, agents, representatives, guests, invitees, customers, contractors, subcontractors, suppliers, trespassers, or others acting on Tenant’s behalf or under Tenant’s authority or control; (iii) the occupancy and/or use of the Premises (including, but not limited to any improvements or personal property located therein) by Tenant, or by its employees, agents, representatives, guests, invitees, customers, contractors, subcontractors, suppliers, trespassers, or others acting on Tenant’s behalf or under Tenant’s authority or control; (iv) any breach or default under this Lease by Tenant; or (v) any construction or other work undertaken by Tenant on the Premises (including any design defects).
Tenant’s indemnification obligations shall not apply to Claims for any injury or damage to person or property to the extent such Claims to the extent attributable to the gross negligence or willful misconduct of the City (including its agents, officials, employees or representatives).
Tenant’s obligation to defend shall arise regardless of any claim or assertion that Landlord caused or contributed to the Claims.
______ Damage to Tenant’s Property. Landlord shall not be liable for any damage to inventory or other property of Tenant, or others, located in, on or about the Premises, nor for the loss of or damage to any personal property of Tenant or of others by theft or otherwise, which is not the direct result of Landlord's gross negligence, and Tenant waives any claim against Landlord with respect to such personal property, including loss of use, economic losses, and consequential or resulting damage of any kind. Landlord shall not be liable to Tenant, Tenant's employees or representatives for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, or leaks from any part of the Premises or Property or from the pipes, appliances or plumbing, or from the roof, street or subsurface or from any other places or by dampness or by any other cause of whatsoever nature. Landlord shall not be liable to Tenant, Tenant's employees or representatives for any such damage caused by other tenants, persons, or occupants of adjacent spaces on the Property, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises shall be so kept or stored at the sole risk of Tenant, and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant's insurance carriers, unless such damage shall be caused by the willful act or gross neglect of Landlord.
_____ Survival. The indemnification provisions herein and any other indemnification provided
6.15 elsewhere in this Lease shall survive the termination of this Lease. ___ Americans With Disabilities Act. Tenant acknowledges and expressly accepts full responsibility and shall incur all costs and expenses for compliance with the requirements of the Americans with Disabilities Act (ADA) and any other local, state or federal law or regulation regarding the accessibility of the Premises by disabled individuals. Tenant agrees to release, indemnify, defend and hold Landlord harmless for any claim, loss, expense or liability arising from Tenant's failure to fully comply with all such laws or regulations. Notwithstanding the foregoing, Tenant’s liability for its responsibility under this Paragraph is limited to $20,000.
Thereafter, Landlord and Tenant would split any additional costs 50/50, up to a maximum cumulative total of $50,000, with Tenant reserving the right to unilaterally terminate the Lease and be released of any liability in the event that cumulative costs of compliance exceed $50,000.
13. Insurance.
The parties to this Sublease shall provide the Insurance as set forth in Exhibit E:
13.1 Tenant's Failure To Maintain Insurance.
Tenant agrees that if Tenant does not maintain any insurance policy required under this Lease or fails to pay any premiums when due, Landlord may, at its election, either terminate this Lease, require that the Premises be immediately closed for business pending reinstatement of insurance by Tenant, or obtain the necessary insurance and pay the premium, and the repayment thereof by Tenant shall be deemed to be additional rent due by the Tenant and payable on the next date upon which a payment of rent is due. Tenant’s failure to repay at that time any amount expended by Landlord shall be considered the same as a failure to pay rent and a default by Tenant under this Lease. If Tenant cannot obtain its own insurance policies for fire and extended coverage and Landlord, at its sole discretion, exercises its option to purchase such insurance to cover the Premises, Tenant understands the Landlord's current insurance policy for fire and extended coverage has a deductible. In the event of damage or loss to the Premises, the Tenant will be responsible for payment of the deductible costs for said fire and extended coverage, assuming that Landlord elects to include the Premises under Landlord's insurance policy and if Landlord’s policy is being applied toward the damage or loss to the Premises
14. Waiver of Subrogation.
Tenant and Landlord each waive its right of recovery against the other, and each party's successors, assigns, directors, agents and representatives in connection with any loss or damage caused to property belonging to the Tenant or Landlord which is covered by any insurance policy of either the Tenant or Landlord in force at the time of any such loss or damage. Tenant and Landlord hereby waive, on behalf of each party's insurance carriers, any right of subrogation it may have against the other party and each shall notify its carriers of the waiver contained
6.16 herein.
15. Alterations, Additions or Other Improvements.
Tenant shall not construct any other Improvements and further shall not make any alterations of or additions to the Premises which require a permit without the prior written approval of the City. Tenant hereby warrants to the City that any such alteration or addition to existing Improvements made by Tenant shall be in compliance with all relevant laws, ordinances, governmental regulations, permits and insurance requirements affecting the Premises (including the Theater Building). Any construction of other Improvements or alteration or addition to existing improvements which may be made hereto upon the Premises, other than non-fixtures such as moveable office furnishings or replaceable sound boards or lighting lamps, shall, at City’s sole option, be the property of the City, and shall remain upon and be surrendered with the Premises, as part thereof, at the termination of the Lease Term. If the City chooses not to keep those alterations made by or on behalf of the Tenant, then Tenant at its sole expense shall remove such alterations as designated by Tenant and return the Premises to their condition as of the Commencement Date of this Lease, reasonable wear and tear excepted.
In connection with any construction of other Improvements or alteration or addition to existing Improvements, City reserves the right to require that prior to the commencement of such work, Tenant shall furnish City with assurances, including such bonds as the City of Santa Cruz deems necessary, that the contemplated work will be completed according to plan and will be paid for by Tenant. Tenant will not permit any mechanics', laborers' or materialmen's lien to stand against the Leased Premises for any labor or material furnished to, or for the account of Tenant, or claimed to have been so furnished in connection with any work performed or claimed to have been performed in, on or about the Leased Premises. Tenant may, at its option, discharge any such lien, and the amount of the lien, together with costs and reasonable attorneys' fees, shall become Additional Rent due immediately hereunder.
16. Light and Air.
Tenant has no right to light and air over any other premises or any other adjacent property.
17. Estoppel Certificates.
Tenant agrees within ten (10) days after request therefore by City to execute in recordable form and deliver to City an instrument, in writing, certifying the following: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect, as modified, and stating the modifications); (ii) the date of commencement of the Lease Term; (iii) that Rent is paid currently without any off-set or defense thereto; (iv) the amount of Rent, if any, paid in advance; and (v) that there are no uncured defaults by City or stating those claimed by Tenant, provided that, in fact, such facts are accurate and ascertainable.
6.17 The failure of Tenant to execute any such instrument within the time provided shall be conclusive upon the Tenant that this Lease is in full force and effect, except as and to the extent any modification has been represented by Landlord, and that there are no uncured defaults in Landlord's performance and that not more than one (1) month's rent has been paid in advance.
18. Subordination.
This Lease shall be subordinated to any mortgages that may now exist or that may hereafter be placed upon the Leased Premises and to any and all advances made thereunder, and to all interest and other charges relating to the indebtedness evidenced by such mortgages, and to all renewals, replacements and extensions thereof. In the event of execution by the City of Santa Cruz after the date of this Lease of any such mortgage, renewal, replacement or extension, Tenant agrees to execute a subordination agreement and/or any other appropriate related documents with the holder thereof, which agreement shall provide, among other things, that (i) such holder shall not disturb the possession and other rights of Tenant under this Lease so long as Tenant is not in default hereunder; (ii) in the event of acquisition of title to the Leased Premises by such holder, such holder shall accept the Tenant as Lessee of the Leased Premises under the terms and conditions of this Lease and shall perform all the obligations of the City of Santa Cruz hereunder; and (iii) Tenant shall recognize such holder as Landlord and/or Sublessor (as applicable) hereunder. Tenant agrees that upon the request of the City of Santa Cruz, any mortgagee or any trustee, it shall execute whatever instruments may be required to carry out the intent of this Section 18 within the reasonable time period specified by the City, mortgagee or trustee. The failure of Tenant to execute any such instrument within the reasonable time period specified shall constitute an immediate default under this Lease without the need for City to provide any notice and/or opportunity to cure as set forth in Section 29 hereof.
19. Lessee to Surrender Leased Premises.
Upon the expiration or the earlier termination of the Lease Term, Tenant shall, at its expense and subject to the provisions of Section 15: (i) remove Tenant's goods and effects and those of all persons claiming under Tenant; and (ii) quit and deliver up the Leased Premises peaceably and quietly, in as good order and condition as the same were in on the Commencement Date, reasonable wear and tear excepted. Except as provided in Section 29, any property left in the Leased Premises after the expiration or termination of the Lease Term (and any holdover period for which City has accepted rent payment) shall be deemed to have been abandoned and shall become property of City to hold or dispose of, as City determines in its sole discretion.
20. No Waiver.
Failure of Tenant to insist, in any one or more instances, upon strict performance of any term, covenant or condition of this Lease, or to exercise any option herein contained shall not be construed as a waiver, or relinquishment for the future of such term covenant, condition, or
6.18 option, but the same shall continue and remain in full force and effect.
The deposit by City of Rent with knowledge of a breach in any terms, covenants or conditions of this Lease to be kept or performed by Tenant shall not be deemed a waiver of such breach, and by virtue of such deposit of Rent City shall not be deemed to have waived any provision of this Lease unless expressed in writing and signed by City.
21. Good Repair.
Tenant will keep the Leased Premises in a neat, clean and orderly condition, and in good repair, including heating equipment, air conditioning equipment, lighting fixtures, plumbing fixtures and window glass.
22. Business Hours.
Tenant shall have access to the Leased Premises (including the Theater Building) 24 hours daily.
23. Temporary Interruption of Services.
The City of Santa Cruz shall not be liable to Tenant, its agents, employees, representatives, customers, or invitees for any inconvenience, loss or damage or for any injury to any person or property caused by or resulting from any casualties, riots, strikes, picketing, accidents, acts of God, breakdowns or any cause beyond City's reasonable control, or from any temporary failure or lack of utilities or services that are not the result of the negligence or other fault or strict liability of City or its agents. No variation, interruption or failure of such utilities or services incident to the making of emergency repairs or due to casualties, riots, strikes, picketing, accidents, acts of God, breakdowns or any cause beyond City's reasonable control or nonrepetitive temporary failure or lack of such services shall be deemed an eviction of Tenant or relieve Tenant from any of Lease obligations.
24. City's Maintenance Obligations.
During the term of the Lease, including any renewal periods, City shall maintain and repair (without expense to Tenant) the structural parts and systems of the Leased Premises, including but not limited to the roofs, foundations, exterior walls, exterior service systems for water, sewer, gas and electricity and exterior HVAC equipment. If this Lease is renewed, then only the following shall be maintained and repaired by City without expense to Tenant: roofs, foundations, exterior walls and exterior HVAC equipment.
25. Eminent Domain.
If the entire Premises or the entirety of the parking identified in the Parking Plan (Exhibit D) is taken by eminent domain, this Lease shall automatically terminate as of the date possession shall be taken in such proceeding, and all Rent shall be paid by Tenant up to that date. If a portion of
6.19 the Leased Premises or a portion of the parking identified in the Parking Plan (Exhibit D) is taken by eminent domain in a manner which materially affects the Leased Premises so as to render the Leased Premises unsuitable for the business of Tenant, as determined in Tenant's sole discretion, then this Lease shall terminate as of the date possession shall be taken by the condemning authority and Rent shall be paid by Tenant to the date of such termination. If a portion of the Leased Premises is taken by eminent domain and this Lease is not thereby terminated, Tenant shall, at its expense, and only if the City of Santa Cruz shall apportion sufficient funds from any damage award from the eminent domain to the restoration, restore the Leased Premises and/or the parking identified in the Parking Plan (Exhibit C), exclusive of any improvements or other changes made to the Leased Premises by Tenant, to as near the condition which existed immediately prior to the date of taking as reasonably possible, and Rent shall abate during such period of time as the Leased Premises are unsuitable for the business of Tenant. As to any improvements or other changes made to the Leased Premises or parking by Tenant, the City shall work in good faith with Tenant to enable such restoration to include Tenant's improvements with funding from Tenant.
Notwithstanding the forgoing, if the portion of the Leased Premises or the portion of the parking identified in the Parking Plan (Exhibit C) taken by eminent domain exceeds twenty-five percent (25%) of the Leased Premises or parking (as applicable), Tenant shall have the right to terminate this Lease by giving written notice thereof within thirty (30) days after the date possession shall be taken by the condemning authority. In that event, all damages awarded for a taking under the power of eminent domain, whether for the whole or a part of the Leased Premises or the parking identified in the Parking Plan (Exhibit C), shall belong to, and be the property of the City of Santa Cruz, whether such damages shall be awarded as compensation for diminution in value to the leasehold estate hereby created or to the fee of the Leased Premises or the parking identified in the Parking Plan (Exhibit C); provided, however, that the City of Santa Cruz shall not be entitled to any award made for loss of Tenant's business, goodwill, cost of removal of stock and fixtures or other loss based on Tenant's operation of a theater at the Leased Premises. The term "eminent domain" shall include the exercise of any similar governmental power and any purchase or other acquisition in lieu of condemnation.
26. Fire or Other Casualty.
In the event of a partial or total destruction of the Leased Premises or the parking identified in the Parking Plan (Exhibit C) during the term hereof from any cause except if caused by Tenant or others under Tenant’s control or authority, the City shall repair the same; provided, however, if it is determined that it is impractical to repair the Leased Premises or the parking identified in the Parking Plan (Exhibit C) to be suitable for the business of Tenant (as determined by Tenant in its sole discretion), either party may terminate this Lease. In the event the City shall elect to repair the Leased Premises, this Lease shall not terminate, but Tenant shall be entitled to an abatement of Rent during any period of time that any portion of the Leased Premises are
6.20 unsuitable for the business of Tenant (as determined by Tenant in its sole discretion) except if the damage or destruction was caused by Tenant or others under Tenant’s control or authority.
In the event it is reasonably determined that the City will take longer than sixty (60) days from the date of a casualty to repair damage to the Leased Premises or the parking identified in the Parking Plan (Exhibit C), Tenant shall have the right to cancel this Lease by providing written notice thereof to the City. The City of Santa Cruz shall not be responsible to Tenant for damage to, or destruction of, any furniture, equipment, alterations or additions to existing Improvements or other Improvements constructed by Tenant in, on or about the Leased Premises, regardless of the cause of the damage or destruction, except for damage attributable to the gross negligence or willful misconduct of the City of Santa Cruz.
27. Time of Possession.
If the Premises shall, on the Commencement Date, be in the possession and occupancy of any person other than Tenant, the City shall use due diligence to obtain possession thereof for Tenant. It is agreed that the City, using due diligence, shall not in any way be liable for failure to obtain possession of the Premises for Tenant, except that the Rent hereunder shall be abated until the Premises shall, be ready for the occupancy of Tenant, this Lease remaining in all other respects in full force and effect and this Lease Term shall thereby be extended by the period of such delay. Notwithstanding the foregoing, if the City is unable to deliver possession of the Premises to Tenant within thirty (30) days after the Commencement Date, Tenant may terminate its obligations hereunder by providing written notice thereof to the City.
28. Holding Over.
Should Tenant continue to occupy the Leased Premises or any part thereof, after the expiration or earlier termination of the Lease Term, such tenancy shall be from month-to month, at the sole option of the City, and at a maximum rent increase of double the percentage increase of the Consumer Price Index (CPI) for commercial real estate for the closest area to Santa Cruz for the preceding 12 month CPI period or 120% of base rent, whichever is less.
29. Default.
As to any monetary default, if the Tenant fails to make a monetary payment when called for under this lease, or otherwise within ten (10) days of a written demand by the City, then this lease shall terminate, and the City may take any and all necessary legal actions to regain the premises without excusing the monetary default by the Tenant. For nonmonetary defaults, the City shall give Tenant thirty (30) days written notice to cure the default. If the Tenant fails to cure the default within thirty (30) days, and the City does not extend the period for curing the default, then this lease shall terminate and the City may take all necessary legal actions to regain the premises without excusing any obligation of the Tenant or damages thereby incurred.
6.21 If the City is in default under the lease and fails to make a monetary payment when required, the Tenant shall give the City ten (10) days written notice to perform, and, if the City fails, then the Tenant shall be afforded all remedies at equity and law without excusing the monetary default by the City. In the case of a non-monetary default by the City, Tenant shall provide a thirty (30) day written notice to cure the default, and if the City fails to cure the default within that period and the Tenant does not extend the time to perform, then the Tenant shall be entitled to seek all remedies at law and equity.
In any event, Tenant shall have at minimum 30 days after termination to remove nonfixtures such as moveable office furnishings or replaceable sound boards or lighting lamps.
31. Disclosures and Acknowledgements.
The City hereby discloses the following to Tenant and Tenant hereby acknowledges such disclosure:
(a) the presence of the Hazardous Materials (as defined in Subsection 5.4(h)) on the Property, of which the Premises are a part; and acknowledges receipt of the Declaration of Covenants, Conditions and Restriction for Tannery Arts Center as revised in 2016 and presented in Exhibit G.
(b) the existence of adjacent industrial uses generating noise and dust; (c) the fact that the Property, of which the Premises are a part, is located in a flood plain and is subject to periodic flooding and that there is a program for the removal of parked cars prior to flood events; and
(d) the fact that the Property, of which the Premises are a part, is the location for live entertainment and artists which use mechanical equipment, both of which may cause high levels of noise.
32. Waivers.
The City and Tenant each waive and release any conflict of interest or other legal issue with regard to entering into and implementing this Lease.
Tenant hereby waives any claims, damages or causes of action against the City for damages to property or injuries to persons arising from:
(a) the presence of the Hazardous Materials (as defined in Subsection 5.4(h)) on the Property, of which the Premises are a part;
(b) the existence of adjacent industrial uses generating noise and dust; (c) the fact that the Property, of which the Premises are a part, is located in a flood plain and is
6.22 subject to periodic flooding; and
(d) the fact that the Property, of which the Premises are a part, is the location for live entertainment and artists which use mechanical equipment, both of which may cause high levels of noise.
33. Service of Notice.
The City of Santa Cruz shall be served any and all notices of default against Tenant or by Tenant in the manner provided for service of notices specified under Section 39 below.
35. Covenant Regarding Historic Preservation.
The Premises have been rehabilitated in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and Tenant hereby covenants that it will not use the Premises in a manner inconsistent with such standards. The parties expressly agree that the City may choose to pursue Tenant to enforce either party's requirement to abide by the Secretary of the Interior 's Standards for the Treatment of Historic Properties.
39. Notices.
Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received (i) upon personal delivery, (ii) as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below, (iii) the immediately succeeding business day after deposit with Federal Express or other equivalent overnight delivery system or (iv) upon transmission by email (which is hereby agreed upon by the parties to be an acceptable means of giving notice, and addressed to the email address of the party for whom intended, as follows:
To Tenant:
Theatre 831
3338 Via Gargano
Santa Cruz, CA 95062
[email protected]
Landlord:
City of Santa Cruz
Attention: Director of Economic Development & Housing
337 Locust Street
Santa Cruz, CA 95060
6.23 Any party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.
41. Security Deposit.
To secure the faithful performance by Tenant of the covenants, conditions and agreements set forth and contained in this Lease, concurrent with the Commencement Date, Tenant shall deposit with City the sum of $4,000.00 (the "Security Deposit") on the understanding: (a) that such deposit or any portion thereof may be applied to the curing of any default that may exist; and (b) that if Tenant shall faithfully perform all of the covenants and agreements in this Lease, the sum deposited or the portion thereof not previously applied, shall be applied toward payment of the last two month's Base Rent due hereunder.
42. Entire Agreement.
This Lease represents the entire agreement of the parties with respect to the subject matter hereof, supersedes all prior communications concerning the subject matter and may not be amended except in writing signed by both parties' authorized officers.
43. Applicable Laws.
At all times during the term of this Lease, the City and Tenant shall observe and comply with all laws, ordinances, rules and regulations of all governmental authorities and regulated utility companies governing the Premises or the use thereof.
44. Covenants and Conditions.
All terms, covenants and conditions of this Lease shall be for the benefit of and be binding upon the successors and assigns of the parties hereto, subject to the restrictions on assignment and sublease by Tenant herein contained.
45. Interpretation.
The captions used herein are for convenience only and are not intended to define or limit the scope of any provision(s) in this Sublease.
46. Partial Invalidity.
If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law, unless the provision which is invalid or unenforceable is material consideration for this Lease.
6.24 ____ Joint and Several Liability. If more than one individual or entity comprises Tenant, the obligations and liabilities imposed on each individual or entity that comprises Tenant under this Lease will be joint and several.
____ Relationship of Parties. The relationship of the parties hereto is that of Landlord and Tenant and it is expressly understood and agreed that Landlord is not in any way or for any purpose a partner of Tenant, or a joint venturer with Tenant in the conduct of Tenant’s business or otherwise.
47. Capitalization.
Terms that are capitalized herein but are otherwise undefined shall have the same meanings set forth in this Lease or if not defined herein, then any definition in the CC&Rs and otherwise their dictionary meanings.
48. Governing Law.
This Lease shall be interpreted and enforced in accordance with the laws of the State of California without regard to its conflict of law provisions.
49. Counterparts.
This Lease may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be treated the same as an original.
50. Business License and Zoning Permit.
Tenant has and shall maintain a business license and zoning permit from the City of Santa Cruz.
IN WITNESS WHEREOF, the parties hereto have executed this Sublease as of the day and year first written above.
(Signatures on following page)
6.25 Date:
LESSEE:
_______________________
Lindsey Chester, Executive Director,
Theatre 831dba All About Theatre
a California 501 (c) (3) Charitable
Organization
APPROVED:
__________________________________
Matt Huffaker, City Manager
City of Santa Cruz
Date:
__________________
APPROVED AS TO FORM
___________________________________
6.26 Office of the City Attorney Date
6.27 Exhibit B
MAP OF THE PARCEL
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112M2
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Exhibit C
THEATER PARKING
Background
The parking layout and number of spaces for the entire Tannery Arts Center project area (the "Tannery campus" or "campus"), approved as part of the overall campus development plan, were developed as a shared parking model for the campus and its variety of users. A parking plan that integrates the needs and obligations of the tenants and users of the entire campus, follows.
Construction of Theater Parking
Theater Parking Permits
No fewer than 80 parking spaces for the theater will be striped and marked "Theater Parking Only During Theater Events." Theater staff may post notice of events twenty-four hours prior to the event and may have monitors to direct patrons to and others away from the reserved theater parking. As more tickets may be sold than there are reserved parking spaces, the theater parking would be on a first-come, first-served basis and theater patrons would not be guaranteed a space.
If other unreserved parking is available in the lots, theater patrons may use that parking for no more than three hours.
On days when there are other scheduled major events that conflict with a scheduled theater performance, the theater may put bollards in place to physically restrict approximately 68 parking spaces prior to the theater event, to ensure that parking will be available for theater patrons (these are the spaces in the south parking lot that can be blocked off without blocking the Emergency Vehicle Access road or rerouting the bicycle path). Bollards may be installed at noon on the day of the conflicting events, or three hours prior to the start time of the earliest event, whichever is earlier. Signage may be provided up to 24 hours prior to the events warning that the spaces will be blocked at the appropriate time.
In addition to the 80 reserved spaces in the south parking lot discussed above, four nonexclusive, twenty-minute spaces will be located in the lot.
6.30 Map of Tannery Parking Lots
6.31 6.32
Exhibit D
CC&R'S FOR TANNERY ARTS CENTER OWNER ASSOCIATION
The Actual Document is not attached to the City's copy of this Lease.
It is located elsewhere in the City's files.
6.33 Exhibit E
Tenant shall procure and maintain insurance for the duration of the Lease to fully protect Landlord against claims for injuries to persons and/or damages to property which may arise from or in connection with the Tenant’s operations on, access to, and/or use of the Premises. The cost of such insurance shall be borne by the Tenant.
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 Lease with the City, unless a longer duration is required.
B. MINIMUM SCOPE AND LIMIT OF INSURANCE
Tenant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Tenant maintains broader insurance coverage and/or higher limits than the minimums shown below, Landlord shall be entitled to the broader insurance coverage and/or higher limits maintained by Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord.
Coverage shall be at least as broad as the following:
1. Commercial General Liability (CGL): $2,000,000.00 per occurrence; $2,000,000 in the aggregate, including products and completed operations, property damage, bodily injury and personal & advertising injury insuring against all liability of Tenant and its employees, agents, representatives, subtenants, assignees and concessionaires arising out of and in connection with Tenant's use or occupancy of the Premises; and, if applicable, liability for the sale and distribution of liquor and alcoholic beverages.
2. Property Insurance
6.34 a. “All Risk” Property Insurance Coverage. Tenant shall, at Tenant's sole expense, obtain and keep in full force and effect an insurance policy covering all of Tenant's personal property, trade fixtures, equipment and merchandise located in or upon the Premises in an amount sufficient to cover not less than one hundred percent (100%) of the replacement value thereof, providing protection against any peril included within including sprinkler damage, vandalism and malicious mischief endorsements ordinarily included in extended coverage casualty insurance policies. Tenant shall be solely responsible for any uninsured loss or damage caused to Tenant's personal property, trade fixtures, equipment and merchandise located in or upon the Premises for any reason.
b. Fire Insurance\Legal Liability Coverage. Tenant, at its sole cost, shall procure and maintain in full force and effect at all times during the Term of this Lease, fire and extended coverage insurance satisfactory to Landlord covering all leased property or rented space, Tenant improvements, and other structures therein in an amount not less than one hundred percent (100%) of the full replacement cost against loss or destruction by fire and all perils, including vandalism, malicious mischief, special extended perils (“special form”).
The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property. Landlord shall be named as an additional insured and loss payee on the policies. Any loss payable under any policy described in this section shall be paid by the insurance company to Landlord or as otherwise agreed by the Parties to be used to fund the repair or replacement of the damaged Premises or improvement pursuant to this Lease.
“Full replacement cost,” as used in this section, shall mean the actual cost of replacement for the building and other improvements on the Premises, as determined from time to time. If at any time during the term of this Lease, Landlord believes that the full replacement cost has increased, Landlord shall notify Tenant in writing. If Tenant agrees with the increased full replacement cost set forth in Landlord’s notice, Tenant shall, within 30 days of the notice, increase the amount of insurance carried to the amount stated in the notice. If the parties are unable to agree within the 30-day period, the increased full replacement cost, if any, shall be determined by the insurance carrier that is then carrying the largest amount of fire and extended coverage on the Premises. That determination shall be final, and Tenant shall immediately increase the amount of insurance to the amount determined by that carrier. Regardless of the preceding sentence, if Tenant makes improvements or alterations to the Premises during any given year of the term of this Lease, Landlord may request an increase in coverage pursuant to the provisions of this section.] c. Business Interruption Insurance. Policy with adequate limits to cover the term of this Lease and shall contain an inflation endorsement if the Premises or Tenant improvements are destroyed or rendered inaccessible by a risk insured against by a
6.35 policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. Insurance proceeds thereunder shall be payable to Landlord for loss of rents.
3. Workers’ Compensation and Employer’s Liability Insurance. Tenant shall obtain policies as required by applicable law against liability arising on account of injuries or death to workers or employees on the Premises or any improvement of Tenant. Such workers’ compensation insurance shall be in amounts at least equal to the maximum liability of Tenant, its agents, and contractors under the Workers’ Compensation Insurance and Safety Act of the State of California and the Federal Longshore and Harbor Workers’ Compensation Act, as applicable. Tenant shall also maintain Employer’s Liability insurance with limits no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease, $1,000,000 disease – policy limit, $1,000,000 disease – each employee. Such insurance shall include a waiver of subrogation in favor of Landlord.
C. OTHER INSURANCE PROVISIONS
ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Tenant, 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 Tenant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
PRIMARY COVERAGE
For any claims related to this Agreement, Tenant’s insurance coverage will be primary and noncontributory as respects the City, its officers, officials, and employees. Any insurance or selfinsurance maintained by the City, its officers, officials, and employees will be excess of Tenant’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
Tenant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Tenant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Tenant 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
Tenant 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,
6.36 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 Tenant’s primary and excess liability policies are exhausted.
DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.
SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Tenant 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.
VERIFICATION OF COVERAGE
Tenant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, and any Excess Liability/Umbrella policies, 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 Tenant’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.
SUBCONTRACTORS
Tenant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor for any work related to the leased premises. Tenant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Tenant 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).
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 Tenant.
6.37 Exhibit F
Reporting Requirements
Annual financial reporting (within 45 days of end of the fiscal year) Revenues & Expenditures
Balance sheet
Performance target metrics every 6 months (within 30 days of end of period) Total revenue generated from all sources
Bottom line net income of Colligan Theater operations
Frequency of use by non profit arts & culture organizations Number of individuals attending Colligan Theater events Demonstrated media presence for the Colligan Theater
6.38 EXHIBIT G
(Conditions Of Approval For The Project On Property At 1040 River Street – Application No. 04-261, attached as Exhibits B and C to Santa Cruz City Council Resolution No. NS-26,924 adopted June 14, 2005)
6.39 1. Cover Letter
As a dedicated non-profit organization deeply committed to enriching our community through the arts, Theatre 831 is honored to have the opportunity to present our vision for the continued success and sustainability of this esteemed cultural institution.
At Theatre 831, we believe in the transformative power of live theater and its ability to foster creativity, promote inclusivity, and strengthen community connections. Since our inception, we have been steadfast in our mission to provide high-quality entertainment, cultural events, and educational programming that resonate with audiences of all ages and backgrounds. Our team of passionate artists, administrators, and volunteers is dedicated to ensuring that the arts remain accessible to all members of the Santa Cruz community, regardless of socio-economic status or cultural background.
The Colligan Theater holds a special place in the hearts of Santa Cruz residents, serving as a hub for artistic expression and cultural exchange. As stewards of this iconic venue, Theatre 831 is committed to upholding its legacy while also charting a course for its continued growth and vitality. Through strategic planning, innovative programming, and community engagement initiatives, we aim to establish the Colligan Theater as a beacon of artistic excellence and a catalyst for economic development within the Tannery Arts Center and beyond.
Our proposal outlines a comprehensive strategy for achieving the following objectives:
1) Establishing consistent financial stability and sustainability for Colligan Theater operations, while minimizing the level of financial support required by the City. 2) Providing a cultural facility and performing arts venue that is available and affordable for use by local community organizations and non-profits for the maximum number of events that is feasible. 3) Enriching the community through the promotion and presentation of quality entertainment, cultural events, and performances of interest to all segments of the community. 4) Providing frequent programming at the Theater so that it will function as an economic catalyst for the Tannery Arts Center while also harmonizing with the housing and working artist studio usage at the campus.
We are confident that our many years of experience, expertise, and unwavering dedication to the arts make us the ideal partner for the management and operation of the Colligan Theater. We look forward to the opportunity to discuss our proposal in further detail and to collaborate with you in realizing our shared vision for a thriving and vibrant arts community in Santa Cruz.
Thank you for considering Theatre 831's proposal. We are excited about the possibility of working together to make the Colligan Theater an even greater asset to the Santa Cruz community.
Warm regards,
Lindsey Chester,
Executive Director
Theatre 831 (d.b.a. All About Theatre)
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2. Executive Summary
Theatre 831 (d.b.a. All About Theatre), a prominent non-profit organization deeply rooted in the cultural fabric of the City of Santa Cruz. We have identified the Colligan Theater as a key venue within the city, recognizing its potential to serve as a hub for artistic expressions and community engagement. With a steadfast commitment to enriching the artistic landscape of our city, Theatre 831 has a proven track record of recognizing and engaging in the needs of Santa Cruz residents. We have decades of experience serving 3-year olds through adults, year round, in the field of performing arts & education.
Theatre 831 is celebrating our 21st year. However in all our years, we have longed for a theater space that we could call home. Our strategic location within the Colligan Theater would offer an opportunity to align our decades of inclusive community engagement with a physical space that reflects our values and commitment to the arts. With the establishment of Theatre 831 in the Colligan Theater, we envision a hub where creativity flourishes, diversity thrives, and stories from all walks of life find resonance.
Beyond just a venue, the Colligan Theater will become a haven for budding playwrights, actors, directors, and technicians to hone their craft. It will serve as a platform for marginalized voices, amplifying narratives that often go unheard. Our goal is not only to entertain but also to educate, provoke thought, and inspire change.
In this new chapter of our journey, we invite you to join us in realizing this dream. Together, let us transform Theatre 831 into a beacon of artistic excellence and social consciousness. Let us build a home where the magic of theater transcends boundaries and touches the hearts of all who enter.
3. Proposer Experience & Firm Qualifications
Theatre 831 boasts a wealth of experience in producing captivating theatrical experiences. At the helm of this esteemed organization are key personnel who bring a diverse range of expertise and passion to their roles, ensuring the success of every production and community engagement initiative.
Key Personnel:
Executive & Artistic Director - Lindsey Chester: With over two & a half decades of experience in theater production and programming through All About Theatre, Lindsey Chester spearheads Theatre 831's artistic vision. Her keen eye for talent and innovative programming strategies have led to the successful curation of diverse and thought-provoking theatrical experiences that resonate with audiences of all ages and backgrounds.
Managing Director - Mikaela Reed: As the driving force behind Theatre 831's operational excellence, Mikaela oversees all administrative and logistical aspects of the organization. With a background in management and finance, Mikaela ensures the efficient execution of productions and strategic planning initiatives, fostering sustainable growth and organizational resilience.
P/T Technical Directors - Robert Rusin & Lyndsey Gould: bring their technical expertise and creative flair to the roles of Technical Director & Lighting Designers at Theatre 831. Rob has a keen understanding of rigging, lighting and audio visual logistics, bringing years of experience working at the Rio Theatre, Monte Vista Christian School, Mountain Winery and also for Theatre 831. Rob orchestrates seamless production processes of lighting and sound engineering, ensuring that every 2 6.41
performance exceeds audience expectations. In addition, Lyndsey brings forth years of lighting design and technical work with Harbor High Little Theater and The Actor’s Theater, as well as her work mentoring teens in the technical aspects of lighting design, stage management and audio engineering.
Community Outreach - Theatre 831 Board of Directors; plays a pivotal role in fostering meaningful connections between Theatre 831 and the diverse communities of Santa Cruz. With a background in community organizing and cultural outreach, Our board of directors develop innovative engagement strategies and partnerships that promote inclusivity and accessibility, ensuring that the arts remain accessible to all members of the community.
Subcontractors and Collaborators:
In addition to its core team, Theatre 831 collaborates with a network of subcontractors and creative collaborators who contribute their expertise to the success of each production. This includes:
● Local Artists and Performers: Theatre 831 regularly collaborates with a diverse array of local artists and performers, showcasing the rich talent pool of Santa Cruz and fostering a sense of community within the arts scene.
Directors, Musicians & Educators
Theatre 831 works with a wide array of local artists and performers. The list would be too long to include in this proposal. Over the years we have worked with students, directors & choreographers who have performed on Broadway, musicians who have set their careers touring with professional bands and figureheads in the music world both in musical direction and voice. ● Educational Institutions and Community Organizations: Theatre 831 actively engages with local schools, colleges, and community organizations to provide educational programming, workshops, and outreach initiatives that inspire creativity and foster a lifelong appreciation for the arts.
Currently Active with the following local schools:
Watsonville Charter School of the Arts, Main Street Elementary School, Aptos Junior High, Santa Cruz Gardens School, Bay View Elementary School, Gateway School, Georgiana Bruce Kirby School & Pacific Collegiate School.
Collaborations, current & future with local organizations & venues:
Tandy Beal & Company, Raízes do Brasil Capoeira, Santa Cruz Symphony, Santa Cruz Shakespeare, WEST Performing Arts, Rio Theatre, Cid Pearlman Performance, Watsonville Taiko, Henry Mello Performing Arts Center, The Santa Cruz Actor’s Theatre, Radical Movement Factory, Santa Cruz Circus Arts
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Collaborations, current & future with local dance studios:
Tannery World Dance & Cultural Center, Motion Pacific, Pacific Arts Complex, International Academy of Dance, Dancenter
In summary, Theatre 831's firm experience is underpinned by the collective talents and dedication of its key personnel and collaborators, who work tirelessly to bring transformative theatrical experiences to the City of Santa Cruz and beyond. Through their programming, community engagement efforts, and commitment to artistic excellence, Theatre 831 continues to enrich the cultural landscape of Santa Cruz, leaving a lasting impact on audiences and communities alike.
4. Facility Operation & Management Approach
A) Establishing Financial Stability and Sustainability for Colligan Theater Operations:
To achieve consistent financial stability and sustainability for Colligan Theater operations, Theatre 831 will implement several key strategies:
● Advisory Board: The establishment of an advisory board composed of local artists and community leaders will be instrumental in ensuring that Theatre 831 thrives within the Colligan Theater. This diverse group will bring together a wealth of expertise, perspectives, and connections to fuel the spark of creativity and innovation in our new home. The advisory board will play a pivotal role in shaping the artistic direction of Theatre 831, providing guidance on programming, outreach initiatives, and strategic partnerships. With their collective wisdom and experience, they will help us curate a dynamic and inclusive slate of productions that resonate with our audience and reflect the rich tapestry of our community. Furthermore, the advisory board will serve as ambassadors for the Colligan Theatre, advocating for and fostering meaningful collaborations with other arts organizations, educational institutions, and community groups. Through their involvement, we aim to cultivate a vibrant ecosystem where artists are supported, audiences are engaged, and the arts are celebrated as a vital force for positive change.
● Diversification of Revenue Streams: Theatre 831 will begin by moving over to the Colligan Theatre from its current location in a warehouse on Washington Street. As the primary anchor tenant, we will be able to cover the baseline rental costs with daily rental of the facility as a rehearsal space, as well as performance venue for our 9-10 annual productions. In addition to our existing programs, we will explore and develop diverse revenue streams; increasing use of the lobby for open mics nights, artist showcases, fine arts, poetry nights and more. As more potential renters are identified and solidified into an annual calendar, Theatre 831 can release and reduce rental of the facility for our own rehearsal purposes to enable and allow additional community groups to rent the facility bringing to life our vision of a community arts hub at the Colligan Theater. By reducing reliance on any single source of funding, Theatre 831 can better weather fluctuations in revenue and ensure long-term financial stability. ● Cost-Efficient Operations: Theatre 831 will conduct regular assessments of operational expenses and identify opportunities for cost savings without compromising the quality of productions or services.
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and optimizing energy efficiency to reduce utility costs. (We talk about this briefly in Capital Improvements).
● Strategic Partnerships and Collaborations: Theatre 831 & the Advisory Board will seek strategic partnerships with local businesses, arts organizations, and educational institutions to share resources, co-produce events, and access additional funding opportunities. Collaborative ventures can not only enhance the visibility and reach of the Colligan Theater but also provide financial support through shared costs and revenue sharing arrangements. This opens up access to more diverse grants that will benefit many community groups & organizations.
● Effective Marketing and Audience Development: Theatre 831 will invest in targeted marketing campaigns and audience development initiatives to increase ticket sales and attract a diverse range of patrons. By understanding the preferences and interests of different segments of the community, Theatre 831 can tailor its programming at the Colligan Theater to maximize attendance and revenue generation.
● Financial Planning and Risk Management: Theatre 831 will develop comprehensive financial plans and risk management strategies to mitigate potential financial challenges and ensure the organization's long-term viability. This will involve establishing larger cash reserves, ensuring sufficient insurance coverage, and implementing contingency plans to address unforeseen circumstances.
B) Providing a Cultural Facility and Performing Arts Venue for Community Organizations:
To make the Colligan Theater accessible and affordable for use by local community organizations and non-profits, Theatre 831 will implement the following measures:
● Flexible Rental Policies: Theatre 831 will offer flexible rental policies and pricing structures to accommodate the needs and budgets of diverse community organizations. This may include but is not limited to sliding scale fees based on capacity or usage, and package deals for recurring bookings. This would also be applicable for the anchor tenant Theatre 831 d.b.a. All About Theatre. ● Community Partnership Programs: Theatre 831 will develop community partnership programs that provide in-kind support, technical assistance, and promotional opportunities to local organizations hosting events at the Colligan Theater. By fostering collaborative relationships, Theatre 831 can maximize the utilization of the venue while supporting the cultural vibrancy of the local community. ● Educational Outreach and Training: Theatre 831 will offer educational outreach programs and technical training workshops to empower community organizations with the skills and resources needed to utilize the Colligan Theater effectively. This may include but is not limited to workshops on lighting and sound design, stage management, and marketing strategies for event promotion. ● Accessibility Initiatives: Theatre 831 will prioritize accessibility by ensuring that the Colligan Theater remains ADA-compliant and equipped with facilities and services to accommodate patrons with disabilities. Additionally, Theatre 831 will provide assistance with logistical arrangements, such as scheduling and setup, to facilitate the seamless execution of events by community organizations.
C) Enriching the Community Through Quality Entertainment and Cultural Events:
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To enrich the community through the promotion and presentation of quality entertainment and cultural events, Theatre 831 will:
● Curate Diverse Programming: Theatre 831 will curate a diverse range of programming that reflects the cultural richness and diversity of the community. This may include theatrical performances, musical concerts, dance recitals, film screenings, and other cultural events that appeal to audiences of all ages and backgrounds.
● Collaborative Programming: Theatre 831 will collaborate with local artists, cultural organizations, and community groups to co-produce events and showcase emerging talent. By fostering collaboration and dialogue, Theatre 831 can amplify the voices and perspectives of underrepresented communities and create meaningful connections across cultural divides.
● Audience Engagement Initiatives: Theatre 831 will implement audience engagement initiatives, such as post-show discussions, meet-and-greet sessions with artists, and interactive workshops, to deepen the audience's connection to the arts and foster a sense of community participation. By actively engaging with audiences, Theatre 831 can cultivate a loyal and supportive fan base that sustains the programming efforts at the Colligan Theater.
● Accessibility and Inclusivity: Theatre 831 will prioritize accessibility and inclusivity by offering affordable ticket options, providing accommodations for patrons with disabilities, and ensuring that programming reflects the diverse interests and experiences of the community. By removing barriers to participation, Theatre 831 can ensure that all segments of the community have access to quality cultural experiences.
D) Functioning as an Economic Catalyst for the Tannery Arts Center:
To ensure that the Colligan Theater functions as an economic catalyst for the Tannery Arts Center while harmonizing with its housing and working artist studio usage, Theatre 831 will:
● Promote Cultural Tourism: Theatre 831 will actively promote the Colligan Theater as a cultural destination, attracting visitors from both within and outside the Santa Cruz community. By leveraging its programming and partnerships, Theatre 831 can stimulate economic activity in the surrounding area, including restaurants, shops, and other local businesses. For example: the Kintsugi Cafe, at the Tannery.
● Collaborative Programming with Tannery Artists: Theatre 831 will collaborate with resident artists and creative professionals at the Tannery Arts Center to develop interdisciplinary programming and artistic exchanges. By fostering cross-pollination between performing arts and visual arts, Theatre 831 can enhance the cultural vitality of the Tannery Arts Center and create synergies that benefit both residents and visitors.
● Supporting Local Businesses: Theatre 831 will prioritize partnerships with local businesses and vendors for concessions, merchandise sales, and other ancillary services related to theater operations.
By sourcing goods and services locally, Theatre 831 can support the economic ecosystem of the Tannery Arts Center and contribute to its sustainability as a vibrant cultural hub. In addition, our more than 120 weekly students will frequent the Kintsugi Cafe on their lunch breaks. We also have many performers at All About Theatre that already attend TWDCC, already bridging that community with ours. 6 6.45
● Community Engagement and Advocacy: Theatre 831 will actively engage with stakeholders, including residents, artists, policymakers, and community organizations, to advocate for the importance of the arts in driving economic development and enhancing quality of life. By building consensus and mobilizing support, Theatre 831 can ensure that the Colligan Theater remains a valued asset that enriches the cultural and economic fabric of the Tannery Arts Center and the broader Santa Cruz community.
5. Optional Appendices or Exhibits:
Recommendation Quotes:
“An incredible performing arts organization. My kiddo loves it and has made so many new friends here. The staff are dedicated and very professional. The quality of their productions is unbelievable and the value is incredible. I cannot recommend it enough.”
“Our family loves this amazing community! We started a year and a half ago and my daughter has flourished and challenged herself from ensemble to a lead role. Lindsey Chester has brought out gifts that my daughter did not know that she has! We have another family at AAT! Please run, don't walk and join us AAT!” “I've been with this organization since its inception in 2003. It has grown so much in the past 15 years and I'm so happy my LO gets to share the joy with me now. I've seen her grow tremendous socially, developmentally, in her self-esteem and confidence. I'm elated to have met the members of this incredible community and have built life long friendships along with my daughter. I would recommend this to anyone in Santa Cruz County who wishes to help their child find their voice, learn empathy & compassion, improve academic achievement and more.”
“Fantastic and rich experiences for kids! My kids have had a wonderful experience there through many years. I highly recommend this company.”
“I wish I could give more stars! First of all, this place offers so many fun and engaging productions. Secondly, it's such a fun place to make friends and grow! Lindsey Chester is amazing! She is so fun, and is a great teacher. Overall this place is amazing!!”
“Incredible leadership where all staff focus on process based learning models. Really fun and creative. My LO loves it and has been going since they were 3 years old. Incredible quality productions and truly passionate staff. I highly recommend it.”
Event Santa Cruz - Lindsey Chester Nexties Award 2014:
Short clip 1 minute 33 seconds.
https://www.dropbox.com/scl/fi/zpk9yspzqluvgchyd8bei/Event_Santa_Cruz_Lindsey_Chester.mp4?rlkey=re01e q60oextw0h2753khsq4z&dl=0
Production Photos:
Please take a moment to look at a small snapshot of production photos from the past 21 years of serving Santa Cruz County. (on the next few pages)
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Theatre 831
Santa Cruz Based Non-Profit
Colligan Theatre Operator
Theatre 831 operates under the belief that access to the arts is essential for all. Over the last two decades, we have hosted countless productions, workshops, community events, and youth programming including an DEI & Queen Youth program that provides a safe space for all our community members. All of which are realized through community feed-back, volunteer group organization, board member support and our collective team of local staff.
COMMUNITY VISION
“If you want to evolve something, first you need a space so people can get together and exchange whatever they’re going to exchange.”
— Ahmet Sisman
17 6.56
“People don’t have to cooperate to work together. There is an assumption that to work collaboratively, collectively or together there is trust, but actually a lot of stuff gets done without that and it’s not a necessary part of collaborating. There are always a lot of tensions, competing desires, as well as reasons why people want to come together to do something.”
—Sonia Boyce
The sense of community within a collective is an invaluable benefit. Artists can sometimes be isolated, working alone in a studio or home space. Though this is necessary and viable for some artists, there are others who seek dialogue with other creatives and feel a great sense of support in working towards a shared vision.
The Colligan is a space that could meaningfully highlight the benefits of cooperative working, nonhierarchical and equitable structuring, and the inherent strength in community.
Theatre831 programs at Colligan Theater, will allow people of all ages, skill levels, and abilities to access new modes of self expression, meet people, and build creative networks. We encourage people to get involved through volunteering, teaching, exhibiting artwork, and proposing new ideas. When we replace exclusivity and wealth with inclusivity and access – we may find something far more valuable.
COLLABORATION
Community events that bring people together are at the heart of what we do.
Collaborative art projects offer a unique opportunity for artists to come together, share ideas, and create something greater than the sum of their individual talents. These projects not only nurture creative connections but also foster a sense of community and collective achievement.
Theatre831 will work to maintain the Colligan Theater as a "blank canvas" for as wide a diversity of arts uses and users as possible, providing space and collaborating with project initiators to make their ideas a success for the benefit of the broader community, and supporting and cultivating collaborations between artists and arts organizations, community groups, the business community, non-profit organizations and the entire community.
COLLABORATIVE ADVISORY BOARD
Theatre 831 will form an advisory board made up members of many of the figurehead groups in Santa Cruz County; SC Arts Council, Tandy Beal & Co, Tannery World Dance, Cabrillo College’s Festival of Contemporary Music, Santa Cruz Art League, Pajaro Valley Arts Council, SC Film Festival and more. We could come together on a level unseen yet in Santa Cruz County. Why do we keep reinventing the wheel, why not all work together and support each other.
THE POWER OF COLLABORATION
Collaboration in art has numerous benefits that can enhance the creative process and contribute to building a strong artistic community:
18 6.57
Exchange of ideas: Collaborative projects encourage artists to share their skills, techniques, and perspectives, leading to a dynamic exchange of ideas that can fuel creativity and inspire innovation.
Learning opportunities: Working alongside other artists can offer valuable learning experiences, as participants can observe and learn from each other's artistic methods and approaches.
Networking and relationship-building: Collaborative projects provide a platform for artists to connect, forge new relationships, and expand their professional networks.
Community engagement: Collaborative art projects often involve engagement with the wider community, fostering a sense of belonging and promoting art appreciation among diverse audiences.
Collaborative art projects hold immense potential for building creative connections and fostering a sense of community among artists and the wider public. By participating in these projects, artists can expand their creative horizons, forge meaningful relationships, and contribute to a vibrant and inclusive artistic landscape.
As we continue to support and celebrate collaborative art initiatives, we can look forward to a future filled with diverse, innovative, and inspiring artistic expressions that bring people together and enrich our world COLLABORATION WITH ARTISTS in the TANNERY STUDIOS
● Work to generate an inclusive event calendar
● Work with the Arts Council on booking outdoor events using the campus ● Work with the Cafe to generate a menu for events
● Work with the Tannery Arts Center for Spring Market & other events
USAGE IDEAS FOR BOTH THE MAIN THEATER & THE LOBBY
MAIN THEATER:
In addition to bookings & the anchor tenant usage, we propose that the daytime as well as evenings are still valuable and can be used.
● Educational space & rehearsal space for Homeschool & local Charter groups 19 6.58
● Work with local schools, colleges & universities to offer technical training opportunities as well as daytime usage for workshops, classes & events
● Theater can be rented out for corporate events such as conferences, seminars, product launches, and team-building activities. The auditorium can be used for presentations, ● Provide much-needed physical space for rehearsing & performing - supporting low-income artists and creators who live in the Tannery Lofts
● Work with Tannery Studio Artists who may require larger space for music presentations, fine arts, digital media, clothing fashion shows, larger photography sessions and more. ● Offer guided tours during the day, allowing visitors to learn about the venue's history, architecture, and behind-the-scenes operations.
● Film Screenings including matinees for new releases, classic film series, and screenings for educational purposes.
● The Colligan may host community events during the day, such as fundraisers, charity events, local performances, and cultural celebrations.
● Casting directors and producers may use theater venues during the day to hold auditions and castings for upcoming productions.
LOBBY:
The lobby can also be considered as a small venue, an isolated space that is lower in cost and brings a different energy. We have seen several events at the Rio Theatre that have utilized their lobby for smaller gigs
● Poetry Nights, Comedy Nights & Open Mic Nights
● Smaller Recitals & Music Gigs
● Book Readings & small presentations
● Art Openings to showcase local artists
● Smaller networking events and receptions
These are just a few examples of how theater venues can be used during the daytime. Depending on the venue's resources and priorities, there may be additional activities and events taking place.
FUNDRAISING
As the operator of The Colligan Theatre, Theatre831 would work to produce large-scale fundraising. This will be broken down into grant applications, donors & events annually, such as:
Stocks
20 6.59
● Sequoia Wealth Management - Stock Donor Account has been set up for donors to consider more economical ways of donating.
Online Donations
● Online donations are a great way to secure finds, as well as promoting ‘donor matched funding’ through Benevity and large corporations like Netflix, Google & Apple.
Grants
● Application to larger grant sources for performing arts venues & collaboratives with a focus in diversity, equity& inclusion.
Annual Fundraising & Community Events (just a couple of examples) ● Annual Event for local performing arts artists. WIth the parking lot, Tannery Arts Center & Tannery outdoor areas, we propose an annual event that fundraises and benefits all involved. This would be a brilliant way to collaborate and to keep the mindset of the Tannery being the heart of the arts - a central hub where locals and tourists come.
● Roshambonanaza - full day featuring artisans and vendors retailing their creative goods, local inspiring musicians playing live music, delicious food, drinks, and of course a Roshambo Tournament.
HOW TO BE INCLUSIVE & REPRESENTATIVE: MULTI-DISCIPLINARY ● Multimedia Art: Combines various forms of media, such as visual art, audio, video, and digital technology, to create immersive and interactive artworks. ● Interdisciplinary Performance: Integrates elements from theater, dance, music, visual arts, and other performance-based disciplines to create performances that transcend traditional boundaries. ● Transmedia Storytelling: Tells stories across multiple platforms and formats, including film, literature, video games, social media, and live events, creating a cohesive narrative experience for audiences. ● Site-Specific Art: Utilizes specific locations or environments as integral components of artistic expression, incorporating elements of architecture, landscape, and social context into the artwork. ● Collaborative Art: Involves collaboration among artists from different disciplines, fostering cross-pollination of ideas and approaches to create collective artworks. 21 6.60
● Performance Art: Blurs the boundaries between visual art, theater, and dance, often incorporating elements of live performance, audience interaction, and conceptual art. ● Experimental Music: Explores unconventional approaches to sound and composition, incorporating elements of electronic music, improvisation, and multimedia performance. ● Digital Art: Utilizes digital technology, such as computer-generated imagery, virtual reality, and interactive installations, to create innovative artworks that challenge traditional notions of art and media. ● Art and Technology: Explores the intersection of art and technology, incorporating elements of coding, robotics, and data visualization into artistic practice to explore themes related to society, culture, and the human experience.
● Cross-Cultural Arts: Integrates elements from diverse cultural traditions and practices, fostering dialogue and exchange between different communities and perspectives through artistic expression.
These multi-faceted arts disciplines often embrace experimentation, collaboration, and innovation, pushing the boundaries of traditional artistic forms and inviting audiences to engage with art in new and exciting ways.
Thank you for your consideration.
Lindsey Chester
Executive Director
Theatre 831 (d.b.a. All About Theatre)
22 6.61
April 15, 2024
Laurence Bedford
Director
The Rio Theatre
1205 Soquel Avenue
Midtown, Santa Cruz 95062
The Rio Theatre and myself personally, have worked and collaborated with Lindsey Chester and All About Theatre for the past 20 years .
All About Theatre has the experience, understanding and execution of the logistics of running a performance venue . They are knowledgeable in the realm of the brick and mortar maintenance, electrical , sound and lighting systems.
The Rio Theatre has a capacity of 700 . Many times throughout the year, we are approached by potential events , and our venue is too large for their needs; we would then forward the information and contact information for a smaller , capable venue which would include the Colligan Theatre. And I would foresee a vice versa effect should someone contact the Colligan Theatre that may benefit from a much larger venue.
All About Theatre has a stellar reputation for their classes, productions, gala events. From the shows I have attended, the house is usually sold out.
I would always want to collaborate with Lindsey on future productions, as she handles every aspect of her crew and production at the highest level of professionalism, which in this business, is a gift !
I believe Lindsey Chester , at the helm of All About Theatre, would be a superb match for the operation and scheduling of the Colligan Theatre .
With best regards,
Laurence Bedford
Owner/Director
The Rio Theatre
6.62 April 17th, 2024
Dear Arts Council of Santa Cruz County,
As an Arts Council Associate spanning many years, I have had the pleasure of working with many arts organizations in producing a wide variety of events. From Pisces Moon Productions at Actors Theater and Broadway Playhouse, to the Cabrillo Festival at the Santa Cruz Civic where I was the Civic Auditorium Supervisor for 20 years, and now managing the Mello Center in Watsonville, it has been a wonderful experience in assisting producers honing their craft.
One such producer is All About Theater’s Lindsey Chester. I have had the pleasure of working with Lindsey on multiple productions. Her energy and enthusiasm is infectious. Her drive is limitless, and her theatrical and child development acumen is spot on, especially given tight timeframes and navigating challenges in a wide variety of venues.
The teams she has pulled together have been amazing to work with. Her vision of expanding networks and fostering the arts is infectious.
I would be happy to share more of my positive experiences in working with Lindsey. She is indeed a powerhouse and adeptly maneuvers through all the challenges of scheduling and personnel issues, all the while a fountain of knowledge, insuring the show must go on.
-Andy
Andrea Botsford
Theater Technician/Facility Manager
Henry J. Mello Center for the Performing Arts
250 E Beach St, Watsonville, CA 95076
Work: (831) 728-6462
Cell: (831) 234-3781
6.63 Tannery World Dance and Cultural Center 1060 River St #111 Santa Cruz, CA 95060 www.tanneryworlddance.com (831) 332-1398 April 17, 2024
To whom it may concern,
Tannery World Dance and Cultural Center is interested in utilizing the Colligan Theater for performances and events multiple times per year. Following is a timeline sketch of when we would like access:
December or January - Student Choreography Night, one Saturday February - Winter Dance Fest, the last Friday and Saturday of the month March - Youth Company Showcase, mid-month Saturday and Sunday May - African Dance and Drum Conference, one Saturday
June - Pre Teen Intensive showing, one Saturday
July - Teen Intensive showing, one Friday
November - Deep Roots Dance Festival, mid-month Friday and Saturday If you have any further questions please feel free to contact me, [email protected] / (831) 588-6902.
Sincerely,
Micha Scott, TWDCC Executive and Artistic Director
6.64 April 16, 2024
To whom it may concern,
I am writing this letter of support for All About Theatre to become the Operator at Colligan Theater at the Tannery. We are strong supporters of the arts, and prioritize a robust arts education here at Gateway. We appreciate the Tannery and want it to thrive for years to come.
We know All About Theatre to be an integral and well established part of the Santa Cruz community.
Gateway School has partnered with Executive Director, Lindsey Chester, over the years on a variety of projects and productions and respect her greatly. Gateway School also has many families that participate actively in and benefit from their Theatre company.
We believe that their connections in the community would bring a wide variety of voices to the Tannery, and Lindsey is the right person to do this. This is a great opportunity to reinvigorate quality performing arts, and give greater access to the citizens in our town.
We are excited and curious about the possibilities to partner with All About Theatre and Colligan Theatre in the future and can see Gateway School using the space for a wide variety of events and showcases.
If you have any questions, do not hesitate to contact me.
Sincerely,
Hannah Wikse
Head of School
GATEWAY SCHOOL
255 Swift Street
Santa Cruz, CA 95060
(831) 423-0341 (ext. 327)
[email protected]
GATEWAY SCHOOL 255 Swift Street Santa Cruz, CA 95060 gatewaysc.org
6.65 75 Whiting Road Watsonville, CA 95076 (831)728-8123 (831) 728-6286 –Fax Principal Amy Thomas [email protected]
April 17, 2024
To whom it may concern,
The Watsonville Charter School of the Arts and myself personally, have worked and collaborated with Lindsey Chester, her staff, and All About Theatre for the past 5 years. All About Theatre has worked on several different projects with us over these years predominantly in the area of performing arts educators, specialists and producers. Our performances have been held at the Henry J. Mello Center in Watsonville, where Lindsey Chester and her team have interfaced directly with the venue and managed all the technical aspects of the show from lighting & sound design, set design and construction, costumes & prop fabrication through to the final performances.
Lindsey Chester has the necessary experience, understanding and capacity to spearhead a group of professionals to ensure the execution of all the logistics of running these projects from start to finish. She personally has in-depth knowledge about sound and lighting design systems. She contracts professionals from the local area for anything she personally cannot manage and oversees these tasks through to fruition. Our school has approximately 423 enrolled students in grades Kindergarten through Eighth Grade,, and each of these projects have included the entire school.
Collaborating with teachers, administration and many levels of experience, Lindsey shows the professional knowledge and acumen to put together a professional polished product.
In addition, All About Theatre has served our greater community for over 20 years and has an impeccable reputation for their classes, productions, community events & fundraisers. I have been so fortunate to have students that also star in her productions where over the years, I have seen such spectacular work. At WCSA, we are currently working on another production with Lindsey & her staff that culminates at the end of May 2024. I would strongly recommend All About Theatre and Lindsey Chester for the position of operator of the Colligan Theatre and plan to collaborate with Lindsey on future productions. If you have any questions, or need further clarification or information, please do not hesitate to reach out to me at my below correspondence.
With best regards,
Amy Thomas
Amy Thomas
Principal
Watsonville Charter School of the Arts
Tel: (831) 728-8123
Email: [email protected]
6.66 To whom it may concern,
My name is Bobbie Ward, and I am the owner and teacher of Performance Vocal, a vocal studio here in Santa Cruz County. I am writing this letter in support of Lindsey Chester, and All about Theater, taking over the responsibility, of running the Colligan Theater.
Over my 27 years of producing student shows, one of the most difficult issues, has always been good theater space. I am thrilled with the possibility of Lindsey Chester, and All About Theater, handling the Colligan Theater’s bookings. I know it will be a success!!
I usually do about 4-6 shows a year, giving my students ample opportunity to perform, but with the lack of accessible theater space, I have had to use my backyard, for the last several shows! I know this will change, with Lindsey Chester’s management, energy and professionalism! I hope you will strongly consider her for this position!
Thank you,
Bobbie Ward
6.67 City Council
AGENDA REPORT
DATE: 09/04/2024
AGENDA OF: 09/24/2024
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Arthur Charles Lipton, and 2) Andrea Robin Greenspan, and to return as late, the claims of 3) Barbara Lawrence, 4) Troy Mason, 5) Troy E. Mason, and 6) Troy Edward Mason, based on staff recommendation.
BACKGROUND: N/A
DISCUSSION: I. Claims to be rejected:
1. Claimant: Arthur Charles Lipton
Date of occurrence: 7/31/2024
Date of claim: 8/7/2024
Amount of claim: $30,000.00
Claimant seeks reimbursement for damages allegedly resulting from tripping on metal pole rising above the sidewalk.
Represented by Legal Counsel
2. Claimant: Andrea Robin Greenspan
Date of occurrence: 5/1/2024
Date of claim: 8/19/2024
Amount of claim: $10,000.00
Claimant seeks compensation for injuries and damages allegedly resulting from unhealthy living conditions surrounding development projects in downtown Santa Cruz.
Self-Represented
II. Claims to be returned as late:
3. Claimant: Barbara Lawrence
Date of occurrence: 2/4/2024
Date of claim: 8/5/2024
Amount of claim: Unspecified
7.1 Claimant seeks compensation for injuries and damages allegedly caused by a falling tree.
Represented by Legal Counsel
4. Claimant: Troy Mason
Date of occurrence: 8/9/2023
Date of claim: 8/12/2024
Amount of claim: $7,777.00
Claimant seeks compensation for damages allegedly resulting from Police action.
Self-Represented
5. Claimant: Troy E. Mason
Date of occurrence: 8/4/2022
Date of claim: 8/12/2024
Amount of claim: $9,999.00
Claimant seeks compensation for damages allegedly resulting from Police action.
Self-Represented
6. Claimant: Troy Edward Mason
Date of occurrence: 11/27/2023
Date of claim: 8/12/2024
Amount of claim: $8,500.00
Claimant seeks compensation for damages allegedly resulting from Police action.
Self-Represented
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: N/A HEALTH IN ALL POLICIES (HiAP): N/A
FISCAL IMPACT: No fiscal impact.
Prepared By:
Ross Brandon
Risk & Safety Manager
Submitted By:
Elizabeth Cabell
Finance Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
None.
7.2 City Council
AGENDA REPORT
DATE: 09/05/2024
AGENDA OF: 09/24/2024
DEPARTMENT: Public Works
SUBJECT: Award Contract for Active Transportation Plan Update (c402408) (PW) RECOMMENDATION: Motion to award a contract to Toole Design Group, LLC (Oakland, CA) for the Active Transportation Plan Update in the amount of $239,552 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.
BACKGROUND: On April 11, 2023, City Council authorized staff to apply for, accept, and appropriate funds from the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant program for the Active Transportation Plan Update. This grant was awarded, and a grant agreement was executed with Caltrans on January 2, 2024.
The City of Santa Cruz (City) was one of the first in the state to complete an Active Transportation Plan in 2017. This update will utilize a Vision Zero framework to assess, recommend, and determine an implementation framework for active transportation programs and projects within the City.
The goal of the Active Transportation Plan Update is to create an updated framework for active transportation investments that will enhance safety and mobility for all roadway users, increase the livability in neighborhoods, and increase connectivity and access to schools, parks, housing, and other multimodal facilities.
DISCUSSION: On June 19, 2024, proposals for the Active Transportation Plan Update and were opened by the Public Works Department. Proposals were evaluated based on the criteria listed in the solicitation. Three submittals were received and scored in Phase 1 as follows:
Toole Design Group, LLC – 82.85
The Street Plans Collaborative – 77.98
Fehr & Peers – 68.1
Staff conducted Phase 2 interviews and reference checks with Toole Design Group, LLC and The Street Plans Collaborative. At the conclusion of Phase 2, Toole Design Group, LLC was the highest ranked. The City conducted successful negotiations with Toole Design Group, LLC and recommends award of this project to Toole Design Group, LLC. The draft Professional Services Agreement is attached.
8.1 As part of this planning process, there are multiple public engagement touchpoints. These include general public engagement as well as formal meetings with the Transportation and Public Works Commission and City Council. This project will ultimately be reviewed and approved by City Council.
Policy Support:
The Active Transportation Plan assists implementation of a General Plan Goal M4: “citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways.” The Climate Action Plan has a goal to increase active mode share to 28% by 2030. Through the programs, policies, and projects in the Active Transportation Plan, this will help to achieve these General Plan and Climate Action Plan goals by prioritizing a list of projects and identifying funding to close gaps in the bicycle and pedestrian network and make Santa Cruz an easier place to move about using active modes.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This action issues a contract to perform transportation planning. Future adoption of the plan will likely be accompanied by recommend Statutory Exemption finding under SB 922 as the plan promotes and encourages residents to choose walking or bicycling. Project level CEQA analysis will occur on individual project basis.
HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Conditions: Health and Wellness and Healthy Environments by improving active transportation (biking and walking) conditions in the city. By encouraging active transportation, people may increase their physical activity and wellness and reduce negative environmental impacts of automobile use like greenhouse gas emissions, or noise.
FISCAL IMPACT: The total contract cost is $239,552. Funds are available in the Active Transportation Plan Update project (c402408). This project is funded by Caltrans at a rate of
88.53%, with a required 11.47% local match. The local match will be funded by direct staff time.
There is no impact to the General Fund.
Prepared By:
Claire Gallogly
Transportation Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. ACTIVE TRANSPORTATION PLAN DRAFT PROFESSIONAL SERVICES AGREEMENT.DOCX
8.2 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 1
Professional Services Agreement With
TDG ENGINEERING INC
For ACTIVE TRANSPORTATION PLAN UPDATE
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and TDG Engineering, Inc (“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 Nathan Nguyen, PE, 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.
8.3 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update 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 $239,552 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 unless otherwise specified in the Scope of Work. The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.
SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for __15____ months beginning on the effective date of this Agreement and terminating on December 31, 2025 upon completion of the Scope of Work.
8.4 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 3
Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.
The 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.
8.5 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 4
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, and agents(collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including reasonable attorneys’ fees and costs (“Losses”) to the extent 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
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authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.
SECTION 14: MISCELLANEOUS PROVISIONS
1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance.
Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.
2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.
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.
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7. Conflicts of Interest. Consultant agrees to comply with conflict of interest lawsin performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.
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, computersoftware programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
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
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proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
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
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exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
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:
City of Santa Cruz Public Works
c/o Claire Gallogly
809 Center St Rm 201
Santa Cruz CA 95060
[email protected]/8314205107
To CONSULTANT:
TDG Engineering, Inc
c/o Wendy Phelps
1801 Broadway UNIT 1204, Denver, CO 80202
[email protected]/720-204-7061
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. [SIGNATURES ON FOLLOWING PAGE]
8.12 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 11
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: __________________
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EXHIBIT A: SCOPE OF WORK
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MEMO R A N DUM
August 18, 2024
To: Claire Gallogly
Organization: City of Santa Cruz
From: Wendy Phelps
Project: Santa Cruz Active Transportation Plan
Re: Scope of Work
TASK 2: ENGAGEMENT SUPPORT WITH UNDERSERVED POPULATIONS Toole Design will collaborate with City and Ecology Action staff to support engagement with underserved populations, including unhoused populations and other groups that may not typically engage with City planning processes or appear in demographic analyses of the community. Specifically, Toole Design will provide staff support at up to eight pop-up style events (more than one event may be scheduled per day for efficiency), and three additional outreach meetings at key project milestones. Ecology Action will plan engagement events and meetings; content used for engagement events will be developed in other tasks. Toole Design will review and provide comments on the engagement summary drafted by Ecology Action.
TASK 2 DELIVERABLES:
▪ Participation in up to eight pop-up events (one Toole Design team member) ▪ Participation in up to three in-person outreach meetings (one Toole Design team member) ▪ Comments on draft engagement summary (one set of comments) TASK 3: TECHNICAL ADVISORY COMMITTEE
Toole Design will work with City staff to establish a Technical Advisory Committee (TAC) comprised of representatives from a diverse set of City departments and partner agencies with an interest in active transportation and safety. The TAC will likely include members from planning, public works, public transit, health, housing, Caltrans, Santa Cruz City Schools, the Santa Cruz Regional Transportation Commission, and other organizations.
Together with City staff, Toole Design will develop meeting objectives and agendas for three online meetings at key project milestones (project goals and vision; existing conditions and needs; and project list and prioritization) to solicit input and feedback from TAC members. City will send meeting invitations to TAC members. Toole Design will facilitate these meetings, present plan content, and provide meeting summaries. We will analyze input and comments and incorporate this feedback into project deliverables.
TASK 3 DELIVERABLES:
▪ TAC roster
▪ Meeting agendas, facilitation, presentations, and summary minutes for three online meetings
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TASK 4: PUBLIC AND COMMUNITY GROUPS ENGAGEMENT
Toole Design will collaborate with City and Ecology Action staff to support community engagement with Santa Cruz residents, advocates, and others with an interest in the ATP. Toole Design will provide meeting support at up to 8 small group meetings (focus groups) and two public meetings or workshops. These events will engage biking and walking advocacy groups, local businesses, members of the disability community, and others that represent the diversity of the Santa Cruz community. This scope of work assumes that the focus groups will be held online or will be scheduled in coordination with other in-person activities to ensure efficient use of staff resources.
TASK 4 DELIVERABLES:
▪ Participation in up to eight small group meetings (two Toole Design team members) ▪ Participation in up to two in-person outreach meetings (one Toole Design team member) ▪ Comments on draft engagement summary (one set of comments) TASK 5: EXISTING CONDITIONS INVENTORY AND ANALYSIS
Toole Design will collect and analyze data to create a comprehensive, current, and shared understanding of current conditions for walking, biking, and rolling (using mobility devices) in Santa Cruz.
TASK 5.1: KICKOFF MEETING AND SITE VISIT
To launch the plan update, Toole Design will convene a two-hour kickoff meeting with City of Santa Cruz and Ecology Action staff. At the meeting, we will:
▪ Discuss project goals and objectives;
▪ Confirm project management expectations and key roles and responsibilities for all staff; ▪ Confirm communication protocols and preferences;
▪ Review and identify any modifications needed to the project scope, schedule, and budget; and ▪ Discuss TAC composition.
After the kickoff, Toole Design will create and share a meeting summary documenting action items and next steps. We will also plan for a team site visit to observe and document the current active transportation network and meet with local staff and stakeholders.
TASK 5.2: PLAN AND POLICY REVIEW
We will begin by reviewing the 2017 ATP and summarizing progress to date, including programs and projects that have been initiated or implemented. Toole Design will review other existing city and regional plans and policies that are relevant to the ATP, such as the General Plan, Climate Action Plan, Downtown Plan, other area plans and regional efforts including the RTC Regional Transportation Plan, Caltrans District 5 ATP, and Santa Cruz County Active Transportation Plan. Toole Design will also review specific sections of existing City Code, as identified by City staff. This effort will ensure that the ATP is consistent with, and supportive of, current public policies, goals, and projects.
As part of this task, Toole Design recommends interviewing City staff to identify the strengths and challenges of the 2017 ATP and to discuss institutional barriers to implementation to directly inform the ATP update and its recommendations, particularly identifying changes needed to City code or policies.
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TASK 5.3: DRAFT GOALS AND OBJECTIVES
Based on the plan and policy review, Toole Design will draft ATP goals and objectives that will be reviewed with the TAC and broader Santa Cruz community for feedback during the first round of engagement activities.
TASK 5.4: DATA COLLECTION AND MANAGEMENT
Toole Design will coordinate with City staff and TAC members as needed to collect and assess existing active transportation-related data in order to understand current patterns of bicycling and walking, pedestrian and bicyclist infrastructure, and data on collisions involving pedestrians and bicyclists. We will prepare a data request list for City staff and identify readily available open-source data from platforms including OpenStreetMap, and collision data through the Statewide Integrated Traffic Records System (SWIRTS).
Toole Design will assess the reliability of data sources and determine if secondary sources of information should be used or if new collection procedures are necessary for the ATP Update. We will create an Excel summary table of available data that includes key information such as data source, limitations, gaps, etc.
Based on the assessment, Toole Design will work with City staff to identify the need for new data collection and agree upon a scope of work for these efforts that will align with project priorities and resources. We anticipate this will include a combination of methods, including digitizing information from Google Earth, traffic counts, and the use of Replica, a Big Data source that models travel patterns. We also suggest exploring creative options for data collection, for example, hiring UCSC students for some tasks.
TASK 5.5: NEIGHBORHOOD AND EQUITY DESTINATIONS
Toole Design and Ecology Action will develop an equity framework to guide analyses and recommendations. A central component of this will be to identify an inclusive set of community destinations using existing conditions data and the input from the first phase of engagement and outreach activities. Community destinations include local amenities such as parks and trails, senior and community centers, libraries, as well as transit stops and commercial centers. We will develop questions and exercises that encourage the community to also consider “equity destinations” that are priorities for unhoused and underserved communities. These may include pharmacies, corner stores, health centers, shelters, food banks, and City and County offices. Identifying an inclusive set of community destinations will help inform our analyses to build an equitable active transportation network.
TASK 5.6: BICYCLE AND PEDESTRIAN NETWORK ANALYSIS
Comfort is a key factor in whether individuals choose to walk or ride a bike, whether it’s for commuting, everyday needs, recreation, or intermodal transportation connections. Low-stress connectivity improvements create more usable route options and shorter trips (i.e., greater convenience), thereby increasing the likelihood that people will walk or ride a bicycle. We propose using two analyses— Pedestrian Crossing Level of Traffic Stress Analysis (PxLTS) and Bicycle Level of Traffic Stress (LTS) Analysis—to identify high stress intersections and corridors within the City. Both analyses consider the roadway context (number of lanes, traffic volumes, posted speeds) and the presence of bicycle and pedestrian facilities to calculate a stress score from Level 1 (least stressful) to Level 4 (most stressful). Through this evaluation, we can identify corridors that are difficult to cross on foot or bike, and routes that are stressful to bike along. Comparing this analysis to destination hot spots and crash data can help identify priority locations for improving pedestrian crossings.
We will perform pedestrian and bicycle access analyses that build upon the PxLTS and BLTS analysis to identify low- stress bikesheds and walksheds to essential destinations and rate the level of access at the parcel or block scale. This can highlight barriers and areas of needed investment, and also be used as an ongoing performance measure. Using the equity framework referenced in Task 5.4, we will identify and evaluate disparities in safety, comfort, and access, especially for Justice 40 tracts in the City.
8.17 4
TASK 5.7: EXISTING CONDITIONS SUMMARY
Toole Design will summarize the key findings from the tasks above into a concise, graphically rich existing conditions summary. The summary will be formatted and delivered so that it can easily be shared with the TAC and community members at public events and be adapted for inclusion in the final plan document.
TASK 5 DELIVERABLES:
▪ Kick-off meeting agenda, facilitation, and notes
▪ Summary of progress on 2017 ATP
▪ Summary matrix of goals, policies, programs, and projects of relevance ▪ Draft ATP Goals and Objectives
▪ Data Request Memorandum
▪ Maps of Neighborhood and Equity Destinations
▪ Bike/Ped Network Analysis Memo and Maps
▪ Existing Conditions Summary
TASK 6: IDENTIFICATION OF ACTIVE TRANSPORTATION NEEDS AND
PROJECT LIST
TASK 6.1: DRAFT PROGRAMS AND PROJECTS
Toole Design will use the existing conditions assessment and analysis findings together with input from community engagement to draft a list of recommended ATP programs and projects. The list of draft recommendations will be reviewed by staff, the TAC, and community members during the second phase of engagement.
All potential programs and projects will be considered for their consistency with the plans and policies evaluated in Task 5.1, so that they are supportive of health, safety, equity, climate action, and adaptation goals. We will also use this step to identify opportunities for projects where inter-departmental or inter-agency cooperation is needed.
This can include the opportunity to create bigger projects or systemic improvements from smaller projects.
The Draft Programs and Projects may include:
▪ New projects and project upgrades for the bicycle and pedestrian networks ▪ Projects that improve safety at high-injury and other locations of concern ▪ Supportive infrastructure and amenities such as bicycle storage ▪ Systemic improvements to support safe active transportation such as lighting and signage ▪ City-led strategies, practices, and programs for improved pedestrian and bicycling infrastructure ▪ Non-infrastructure recommendations including education and encouragement programs TASK 6.2: PRIORITIZATION FRAMEWORK AND EVALUATION CRITERIA Toole Design will work with the City to develop prioritization criteria for infrastructure projects that reflect local conditions, analysis findings, community priorities, and plan goals. We can also consider factors including proximity to community destinations identified in Task 5.4, areas with poor levels of access, and crash history.
City staff will review the draft framework and criteria, after which, our team will rank the projects and present the results in a matrix so stakeholders can easily see the relationship between criteria and score.
Based on the City’s needs and the equity framework developed for the project, we will identify specific noninfrastructure recommendations that the City might want to pursue first.
8.18 5
TASK 6.3: PROJECT FEASIBILITY AND COST ASSESSMENT
For the list of prioritized projects, we will develop planning-level opinions of probable cost for implementation (design and construction) as well as order-of-magnitude estimated operations and maintenance costs. We will perform a high-level feasibility assessment using existing data for each corridor, considering pavement width, road diet opportunities, and available right-of-way. For the top-tier priority projects, we will perform a more detailed feasibility assessment, including identifying and listing potential opportunities and barriers.
TASK 6.4: IMPLEMENTATION ACTION PLAN
To support City and partner agencies in advancing priority projects, we will develop implementation recommendations that present potential funding strategies as well as an action plan so that City and partner staff can move quickly to implement high- priority projects, and lay the groundwork for longer- term efforts. We will develop a concise implementation action plan that identifies:
▪ Priority level
▪ Time frame
▪ Lead agency
▪ Partners
▪ Funding sources
▪ Potential barriers or feasibility issues
TASK 6.5: FACILITY TYPES AND TOOLKIT
Toole Design will develop a concise and user-friendly toolkit of bicycle and pedestrian facility types with high-level design considerations. The toolkit will be designed to help City staff, community groups, and elected officials develop a common understanding of potential roadway treatments that support active transportation and how they can affect safety, comfort, and accessibility.
TASK 6 ASSUMPTIONS:
The work products in Task 6 will require multiple rounds of iteration by City staff and the TAC. The budget for these is based on two rounds of review prior to their inclusion in the Administrative Draft ATP (Task 7). City staff will be responsible for distributing draft materials, soliciting comments, and providing input as consolidated, nonconflicting comments to Toole Design for each round of revision.
TASK 6 DELIVERABLES:
▪ Draft Project and Program List
▪ Draft and Final Project Prioritization Framework and Program Evaluation Criteria ▪ Project Cost Assessment
▪ Prioritized Project and Program List
▪ Draft Implementation Plan
▪ Draft and Final Facility Toolkit
TASK 7: ACTIVE TRANSPORTATION PLAN UPDATE
Toole Design will compile work products developed in previous tasks into a concise, graphically rich Draft ATP for City, TAC, and community review and feedback. As a first step, we will develop a detailed plan outline and document template. We anticipate that interim work products, including community engagement summaries, existing conditions reports, and detailed analysis findings will be included as appendices to the document.
8.19 6
The ATP Update will include:
▪ Introduction
▪ Existing Conditions Summary
▪ Key Engagement Findings
▪ Needs Assessment
▪ Prioritization Framework
▪ Project List
▪ Active Transportation Standards for New Developments, including municipal code language that can be adopted as objective standards to incorporate active transportation infrastructure into new developments ▪ Implementation Action Plan
TASK 7 ASSUMPTIONS:
The elements of the Draft ATP Update will require multiple rounds of iteration by City staff and the TAC. The budget for Task 7 is based on multiple drafts as outlined below as deliverables. City staff will be responsible for distributing draft materials, soliciting comments, and providing input as consolidated, non- conflicting comments to Toole Design for each round of revision.
TASK 7 DELIVERABLES:
▪ Plan Outline (Word)
▪ Document Template (InDesign/PDF)
▪ Administrative Draft in Microsoft Word with supporting graphics for City review (Word; InDesign/PDF) ▪ Public Draft Plan for TAC review and community feedback (InDesign/PDF) ▪ Final Draft Plan for adoption (InDesign/PDF)
▪ Final Adopted Draft Plan (InDesign/PDF)
TASK 8: ADVISORY COMMITTEE INPUT AND COUNCIL REVIEW AND
APPROVAL
Toole Design will assist City staff with preparing presentations and documenting feedback from the Transportation and Public Works Commission at three project milestones during the plan process— draft project list, Public Draft ATP, and Final Draft Plan. Toole Design will also provide meeting presentation materials and assist City staff in preparing staff reports for City Council review and approval. Toole Design staff can present virtually at selected meetings as budget allows.
TASK 8 DELIVERABLES:
▪ Presentation materials and documentation for Commission meetings (up to three) ▪ Presentation materials and staff reports for City Council meetings (up to two)
8.20 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 13
EXHIBIT B: FEE SCHEDULE
8.21 7
COST
TASK HOURS FEE
TASK 2 - ENGAGEMENT WITH UNDERSERVED
POPULATIONS
100 $17,732
TASK 3 - TECHNICAL ADVISORY COMMITTEE 120 $24,768
TASK 4 - PUBLIC AND COMMUNITY GROUPS
ENGAGEMENT
100 $19,316
TASK 5 - EXISTING CONDITIONS INVENTORY AND
ANALYSIS
292 $59,332
TASK 6 - NEEDS AND PROJECT LISTS 358 $68,132
TASK 7 -ATP PLAN UPDATE 184 $43,520
TASK 8 - COMMITTEE AND COUNCIL MEETINGS 36 $6,752
TOTAL 1,190 $239,552
SCHEDULE
Toole Design has prepared the 15-month schedule on the following page. We look forward to refining this draft with the City.
8.22 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 14
EXHIBIT C: WORK SCHEDULE
8.23 8
2024 2025
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Tasks Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Task 2 - ENGAGEMENT WITH UNDERSERVED GROUPS
2.1 Pop-up Events (8)
2.2 Outreach Meetings (3)
2.3 Review Engagement Summary
Task 3 - TECHNICAL ADVISORY COMMITTEE
3.1 TAC Roster
3.2 TAC Meetings (3)
Task 4 - COMMUNITY ENGAGEMENT
4.1 Small Group Meetings (8)
4.2 Outreach Meetings (2)
4.3 Review Engagement Summary
Task 5 - EXISTING CONDITIONS INVENTORY AND ANALYSIS
5.1 Kick-off Meeting & Site Visit
5.2 Plan and Policy Review
5.3 Draft Goals and Objectives
5.4 Data Collection and Management
5.5 Neighborhood and Equity Destinations
5.6 Bicycle and Pedestrian Analysis
5.7 Existing Conditions Summary
Task 6 - NEEDS AND PROJECT LISTS
6.1 Draft Programs and Projects
6.2 Prioritization Framework and Evaluation
Criteria
6.3 Project Feasibility and Cost Assessment
6.4 Implementation Action Plan
6.5 Facility Type and Toolkit
Task 7 -ATP PLAN UPDATE
7.1 Draft and Final ATP
Task 8 - COMMITTEE AND COUNCIL MEETINGS
8.1 Commission Meetings (3)
8.2 Council Meetings
8.24 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 15
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.
8.25 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 16
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.
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
8.26 City of Santa Cruz Professional Services Agreement for Active Transportation Plan Update August 2024 (Form Rev.01/24 ) Page 17
Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
C. 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).
D. 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.
8.27 City Council
AGENDA REPORT
DATE: 09/05/2024
AGENDA OF: 09/24/2024
DEPARTMENT: Public Works
SUBJECT: Retaining Wall Reconstruction Project Budget Adjustment -141 Archer Drive (g402402) (PW)
RECOMMENDATION: Motion adopting a resolution amending the FY 2025 budget for Retaining Wall Reconstruction Project - 141 Archer Drive (g402402) in the amount of $359,926 to fully fund the project.
BACKGROUND: In January 2023, the Public Works Department was contacted by the owner of 141 Archer Drive. The property sits at the top of long steep slope on the section of Bay Street that is divided by Bay Creek. Due to severe weather, an approximately 10-foot tall, 70-foot-long private retaining wall failed and resulted in a landslide which took out a majority of the backyard. This is an ongoing threat to the house on the property and poses a risk of additional erosion and landslides on City of Santa Cruz (City) Right-of-Way if left unmitigated.
The property owner received assistance through a program administered by US Department of Agriculture, Natural Resource Conservation Service (NRCS) that provides disaster related funding to address a variety of issues that can affect water quality, erosion, and watershed protection. As required by the grant, the City sponsored and administered the project on behalf of the property owner. The property owner privately contracted a surveyor, geotechnical and structural engineer to prepare a design for a replacement retaining wall. In October 2023 Council authorized execution of a funding agreement with NRCS and in March 2024 Council authorized bidding and award of the project the filing of a Notice of Exemption under the California Environmental Quality Act.
DISCUSSION: The project was bid by the Public Works Department and awarded the contract to Jeff Hill and Sons Excavation and Grading Inc. During the first week of construction, two unforeseen conditions were discovered. The sandstone bedrock in which the wall is founded in was 3-4 feet deeper than measured during the geotechnical investigation, resulting in revised design and taller and more robust wall, significantly increasing the cost of almost all the bid items. Secondarily, the northern remaining wall section was discovered to be in very poor condition and was recommended for removal.
Staff have submitted a grant increase request to NRCS to fully fund the project. Because the retaining wall will be replaced on private property, the entire project costs will be covered by outside funding. A majority of the estimated project costs will be funded by the EWPP program.
The remaining balance, including all City staff time, will be paid for by the property owner
9.1 through an advance of funds/reimbursement agreement. Under no circumstances will the City be obligated to contribute funding to this project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: As noted, a categorical exemption has been filed.
HEALTH IN ALL POLICIES (HiAP): This project supports environmental protection and restoration.
FISCAL IMPACT: There is no impact to the General Fund.
Prepared By:
Kevin Crossley
Assistant Director/City
Engineer
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. BUDGET ADJUSTMENT.PDF
9.2 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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25EXPENDITURE ACCOUNT TITLE
NET: $
REQUESTED BY DEPARTMENT HEAD
APPROVAL
BUDGET/ACCOUNTING
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FINANCE DIRECTOR
APPROVAL
CITYMANAGER
APPROVAL
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352-(&7
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To fully fund project g402402 Retaining Wall Reconstruction 141 Archer Drive due to unforeseen construction conditions. 311-40-64-9341-43150 g402402-111-1071-0 USDA - NRCD - Emergency Watershed Protection Program 276,222 Retaining Wall Reconstruction 141 Archer
311-40-64-9341-46305 g402402-496-0-0 Contributions - property owners 83,704 Retaining Wall Reconstruction 141 Archer
359,926
311-40-64-9341-57990 g402402-100-2020-0 Other capital outlay 309,926 Retaining Wall Reconstruction 141 Archer
311-40-64-9341-57990 g402402-100-2010-0 Interfund Labor 50,000 101-40-62-4102-51911 Interfund Labor credits -50,000
309,926
50,000
Shelley
Horrow
Digitally signed by
Shelley Horrow
Date: 2024.08.29
09:32:42 -07'00'
Nathan N.
Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2024.09.10
10:46:01 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2024.09.10
10:10:46 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.09.10
12:33:38 -07'00' 9.3
City Council
AGENDA REPORT
DATE: 09/05/2024
AGENDA OF: 09/24/2024
DEPARTMENT: Water
SUBJECT: Beltz Water Treatment Plant Filter Replacement Project (c702502) – Award of Professional Services Agreement and Budget Adjustment (WT) RECOMMENDATION: Motion to:
1) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with CDM Smith (Concord, CA) for engineering services for the Beltz Water Treatment Plant Filter Replacement Project (c702502), and to authorize the Water Director to execute future contract amendments within the approved project budget; and 2) Adopt a resolution to amend the FY 2025 budget and transfer funds in the amount of $1,681,000 within the Water Department's Capital Investment Program from project c702305, Beltz Water Treatment Plant Upgrades Project to new project c702502, Beltz Water Treatment Plant Filter Replacement Project.
BACKGROUND: The Beltz Water Treatment Plant (Beltz WTP), located near 38th Avenue and Roland Drive in unincorporated Santa Cruz County, sits close to the eastern boundary of the City’s water service area. Originally constructed in the 1970s, the Beltz WTP underwent significant upgrades and expansion in the mid-1980s, reaching its current configuration. Since then, only minor upgrades have been performed. From 2007 to 2008, the City worked with Camp Dresser & McKee, Inc. (now CDM Smith) to develop a Preliminary Design Report aimed at rehabilitating the Beltz WTP. However, the rehabilitation project was put on hold in 2009 while additional groundwater supply options were evaluated. From 2022 to 2023, the City worked with CDM Smith again to evaluate and identify alternatives to upgrade the Beltz WTP to handle both native groundwater and aquifer storage and recovery (ASR) recovery water as well as be prepared for changing and future regulations.
The Water Department has several major construction projects being developed and constructed simultaneously. In addition to the Beltz WTP, the Graham Hill Water Treatment Plant Facilities Improvement Project (FIP) and the Newell Creek Pipeline replacement are just two. To maintain supply reliability for customers, the Department has decided to phase the Beltz WTP project. A partial replacement will occur prior to the FIP, with a full replacement planned afterward, to avoid having two of the three water treatment plants under construction at the same time. The partial replacement, referred to as the Beltz Water Treatment Plant Filter Replacement Project (Project), is being initiated to replace an aged and unusable filter, ensuring the continued
10.1 reliability of the facility for daily operations and in preparation for other upcoming construction projects.
CDM Smith’s design work on the full Beltz WTP replacement has been put on hold and CDM Smith was asked to provide a proposal for filter design services at the Beltz WTP due to their long history and familiarity with the facility, as well as their ability to meet schedule deadlines.
Section 3.08.150 of the Santa Cruz Municipal Code allows the Purchasing Manager to award a contract without competition when there is only one source for the required item and the Purchasing Manager has approved this contract as a single-source. A scope of work and fee has been negotiated with CDM Smith to provide professional engineering and technical services.
DISCUSSION: As part of the Project, CDM Smith will design a replacement of the aging and unusable filter at the Beltz WTP so the facility can continue to function as a reliable water source for the water system and community. The design is expected to start in late September and conclude in early 2025.
The proposed scope of work for CDM Smith consists of the following tasks:
• Task 1: Design Plans and Specifications
• Task 2: Bid and Engineering Support During Construction Phase • Task 3: Project Management
CDM Smith’s contract for design and construction services is about $234,000. The remainder of the Project funding is to account for the engineer’s estimate for construction as well as project implementation. The replacement filter construction is scheduled to occur in 2025. Because the filter is a custom, specialized piece of equipment, its fabrication and delivery to the Beltz WTP is expected to take about six months.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The Final Environmental Impact Report (Final EIR) for the Santa Cruz Water Rights Project (State Clearinghouse No. 2018102039) was certified by City Council in December 2021. At its meeting on September 10, 2024, City Council approved the Beltz 8 and 12 Aquifer Storage and Recovery Project considering the Beltz 8 and 12 ASR Project Addendum to the Santa Cruz Water Rights Project Final EIR. The filter replacement was included in the project description of the modifications at the Beltz WTP, and the consistency analysis found that the changes would not result in new significant impacts or substantially more severe impacts than those previously identified.
HEALTH IN ALL POLICIES (HiAP): The Project is consistent with the goals of the Health in All Policies pillars of equity, public health, and sustainability, in that its core objectives are to provide reliable, high-quality drinking water to all City customers.
FISCAL IMPACT: The estimate for engineering services for CDM Smith is $234,098. Funds are available in the Water Department’s FY 2025 Capital Investment Program budget and $1,681,000 will be transferred from project c702305, Beltz Water Treatment Plant Upgrades Project to a new project, Beltz Water Treatment Plant Filter Replacement Project, c702502.
Prepared By:
Isidro Rivera
Submitted By:
Heidi R. Luckenbach
Approved By:
Matt Huffaker
10.2 Deputy Director/Engineering
Manager
Water Director City Manager
ATTACHMENTS:
1. CONTRACT AGREEMENT.PDF
2. BUDGET ADJUSTMENT.PDF
10.3 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 1
Professional Services Agreement With
CDM SMITH
For BELTZ WATER TREATMENT PLANT
FILTER REPLACEMENT PROJECT
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and CDM Smith (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 2024 (the “Effective Date”).
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.
Consultant shall meet with Heidi Luckenbach, Director of the Water 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
10.4 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 2
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.
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. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.
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. 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 $234,098 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 a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses. ☒ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
10.5 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 3
Travel before 8:00am qualifies for breakfast reimbursement. Travel between 8:00am – 1:30pm qualifies for lunch reimbursement. Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement. Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.
☒ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.
1. Reasonable fees for taxis, shuttles, buses, trains, light rail, ride hailing services (Uber, Lyft or other), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.
2. When using vehicles owned by Consultant or Consultant’s employer:
Mileage will be reimbursed at the current IRS mileage rate. Evidence of automobile liability insurance meeting the City’s requirements must be provided. Maps showing starting point, City work location, and total miles are required for reimbursement.
3. Use of car rentals are reimbursable when:
Travel is necessary from an airport to the City work location. The rental reservation is made as far in advance as is practical and the lowest possible price is obtained. Insurance coverage is included, and the car is returned with a full tank of gas. The smallest vehicle necessary is rented.
Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
Receipts are required for reimbursement.
☒ Airfare: Airfare is reimbursable when the Consultant’s place of business, or Consultant’s employee’s home, is more than 250 miles away from Santa Cruz.
Airfare must be lowest available coach class fare. Flights may be non-stop. Airfare must be booked as far in advance as is practical. Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
Receipts are required for reimbursement.
☒ Lodging: Lodging is reimbursable when the Consultant must work on site for two or more consecutive days and the Consultant’s place of business or personal residence, is more than 60 miles away from Santa Cruz. Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). Costs for hotel rooms above this rate are the responsibility of the traveler. Receipts are required for reimbursement.
General Rule
1. Travel expenses not listed or checked above will not be reimbursed.
2. Travel reimbursements are paid after the completion of travel. There are no travel advances.
3. Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant.
4. Tips and gratuities will not be reimbursed.
10.6 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 4
5. Alcoholic beverage purchases will not be reimbursed.
6. Consultants will exercise prudence in incurring reimbursable expenses.
7. The City of Santa Cruz has the sole discretion to deny any reimbursement request the City has determined to be excessive or an inappropriate use of public funds.
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 on the effective date of this Agreement and terminating on upon completion of the Scope of Work.
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 Consultant shall perform its services as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the project, and at the time or times required by the City 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 Consultant may terminate the Agreement for cause by providing written notice to the City` not less than 30 calendar days prior to an effective termination date.
10.7 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 5
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 date of the Consultant’s written termination notice specifying the default in performance.
Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit 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,
10.8 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 6
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 or the United States Court, Northern District, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority 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, or City shall have the right to terminate this Agreement. 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 comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
10.9 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 7
4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Consultant agrees to 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, 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. Notwithstanding any other provision of this Agreement to the contrary, Consultant shall retain its rights in its pre-existing standard drawing details, designs, specifications, databases, computer software, proprietary information, documents, templates, and any other property owned by Consultant on the date of this Agreement or developed outside of this Agreement.
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.
10.10 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 8
To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
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.
10.11 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 9
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. 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, during the period of this Agreement, and for a period of at least five (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. 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.
10.12 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 10
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work 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
10.13 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 11
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 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.
10.14 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 12
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:
City of Santa Cruz Water Department
Heidi Luckenbach, Water Director
212 Locust Street, Ste A
Santa Cruz, CA 95060
[email protected]
To CONSULTANT:
CDM Smith
Servando Molina, P.E.
2300 Clayton Road, Suite 950
Concord, CA 94520
[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. [SIGNATURES ON FOLLOWING PAGE]
10.15 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 13
Approved As To Form:
By: ______________________________ Date: __________________ Barbara H. Choi, Office of the City Attorney
CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker,
City Manager
CITY OF SANTA CRUZ WATER DEPARTMENT
By: _____________________________ Date: __________________ Heidi Luckenbach,
Water Director
CONSULTANT: CDM SMITH
By: _____________________________ Date: __________________ Printed: __________________________ Title: _________________________ By: _____________________________ Date: __________________ Printed: __________________________ Title: _________________________ Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):
Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer Technical Review By:
By: ______________________________ Date: ___________
Isidro Rivera, Deputy Water Director/Engineering Manager 8/19/2024
8/27/24
10.16 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 14
EXHIBIT A: SCOPE OF WORK
10.17 1
Beltz Water Treatment Plant UpgradeͲScope of Work
The Beltz WTP, owned by the Santa Cruz Water Department (SCWD), currently treats groundwater from Wells #8, #9, and #10. The existing treatment process includes chlorination via an on-site sodium hypochlorite generation system, aeration, and dual media filtration for iron and manganese treatment. The original maximum capacity of Beltz WTP was 1,500 gpm with each of the two pressure filters rated to treat 750 gpm, however as of 2020 one of the filters was taken out of service after signs of failure from media that had entered the water system, limiting the treatment capacity of the plant to 750 gpm (approximately 1 MGD) without redundancy.
SCWD has elected to move forward with an interim repair project to replace one pressure filter and one pump to increase reliability of the Beltz Water Treatment Plant in the near-term.
This scope of work includes the design for the following improvements to the Santa Cruz Water Department (SCWD) Beltz Water Treatment Plant:
Replace one of the two existing pressure filter vessels (750 gpm each). Once project is complete, SCWD will have one existing pressure filter and one new pressure filter. Replace one booster pump (750 gpm). Once project is complete, SCWD will have one existing pump and one new pump.
Demolition of the existing pressure filter vessel.
Replace the concrete support pad for new pressure filter vessel.
The scope of work does not include:
Site civil work or yard piping
The work is as described below with hours for each task and resource shown in the level of effort table.
The following tasks are included in the scope of services. Task 1: Design Plans & Specifications
Task 2: Bid & Engineering Support During Construction Phase Task 3: Project Management
Exhibit A
10.18 2
Task 1 – Design Plans and Specifications
Task 1.1 – Geotechnical Investigation
Objective:
CDM Smith’s subconsultant Ninyo & Moore, to prepare the geotechnical investigation to support the final design documents for the construction bid set.
Approach:
Perform a subsurface exploration consisting of one (1) exploratory boring drilled to a depth of up to 25 feet or refusal at a site determined to be suitable between SCWD and CDM Smith.
Assumptions:
SCWD will support utility locating at the Beltz WTP site to make sure drilling can be executed safely.
Deliverables:
Draft and final geotechnical report.
Task 1.2 – Electrical and Instrumentation & Controls Evaluation Objective:
Conduct a site visit to evaluate current condition of electrical and instrumentation/controls equipment.
Approach:
CDM Smith’s electrical engineer will conduct a site visit to evaluate the current electrical equipment to determine if upgrades are required for the booster pump replacement. CDM Smith’s instrumentation and controls (I&C) engineer will conduct a site visit to evaluate the current equipment to determine if upgrades are required for the booster pump & filter replacement.
Assumptions:
SCWD will support the site visit and provide staff familiar with the electrical and instrumentation/controls systems. SCWD will complete any necessary lockout/tagout for the site visit.
Deliverables:
Site visit report.
Task 1.3 – 60 Percent Design Submittal
Approach:
CDM Smith will complete progress design drawings and specifications. The overall completion level of this design submittal will be 60 percent.
The specifications will include:
List of Specifications, including those anticipated to be required in the 100% design package.
10.19 3
Draft specifications for the pump and the pressure filter in standard CSI format using CDM Smith standard specifications.
Assumptions:
SCWD will provide most current site survey in CAD.
CDM Smith CAD standards will be used for this project. If as-builts are not available, pump replacement will be shown on photographs and based off limited field measurements. 3D scanning or similar services are not included. The SCWD will provide its standard front-end bidding and contract documents (often referred to as “Divisions 0”) and any standard Division 1 specifications. CDM Smith has assumed that no coordination or other work is required for these sections. CDM Smith will continue to work on all or portions of the design while the SCWD reviews the design submittal.
The design package Review Workshop will last up to 2 hours. The project manager will attend this workshop in person. Up to one technical staff will attend virtually. Location for workshop and meeting will be at the SCWD’s office. The SCWD will provide consolidated and coordinated comments to the 60% design package.
New foundation for the pressure filter will be a shallow foundation. Pump foundation will be reused.
New pressure vessel is assumed to be of similar size as current pressure vessel. Design of the controls/integration of new pressure gauges and other instrumentation for the new pressure vessel will be similar to existing and existing PLC/conduit will be reused.. CDM Smith will complete hydraulic evaluation of the new pump. New pump is assumed to be similar size. No change in motor size or upgrade is required. Conduits and electrical/controls panels will be reused (assume existing motor control center is used without modification). Existing electrical single-line and SCADA architecture will be provided in CAD..
Deliverables:
One (1) electronic copy in pdf format of the drawing set and specification. Draft workshop and meeting notes in Microsoft Word format. Final workshop and meeting notes in pdf format.
10.20 4
Task 1.3 – 99 Percent Design
Objective:
To prepare the final design documents for the construction bid set.
Approach:
CDM Smith will prepare the final design documents incorporating any design revisions resulting from SCWD’s comments on the 60 percent design submittal.
Assumptions:
The final construction schedule will identify shutdowns and work sequencing restrictions that will be imposed on the construction contractor.
Deliverables:
Response to SCWD’s comments on the 60 Percent design submittal in Excel table format. One (1) electronic copy in pdf format of the drawing set and specifications. One (1) electronic copy in Microsoft Word format of the specifications. One (1) electronic copy of the drawing set in native file format in Autodesk® software, (AutoCAD)
Task 1.5 – Issue for Bid/Issue for Construction
Objective:
To prepare the final design documents for the construction bid set. This design package will be stamped and signed.
Approach:
CDM Smith will address any comments on the 99% set.
Deliverables:
One (1) electronic copy in pdf format of the drawing set and specifications. One (1) electronic copy in Microsoft Word format of the specifications. One (1) electronic copy of the drawing set in native file format (e.g., AutoCAD) Task 2 – Bid & Engineering Support During Construction Phase Task 2.1 – Bid Support Services
Objective:
To provide as-needed support services during the bidding process.
Approach:
CDM Smith will complete the following activities in this task:
Respond to bidders’ questions pertaining to the Bid Set within five business days of receipt of SCWD’s written request.
10.21 5
Maintain a log of bidders’ questions and responses, including whether any questions require preparing addenda to the Bid Set.
Prepare bid document addenda if clarifications or changes to documents in the Bid Set are needed. Changes to drawings will be signed and stamped and will be provided within five business days of the written request from SCWD.
CDM Smith will prepare one addenda and responses to five technical questions received, and SCWD will be responsible for compiling and distributing the addenda and responses to bidders.
One addendum will be issued.
Deliverables:
Written responses to bidders’ questions and associated log Addenda to bid documents
Task 2.2 – Engineering Services During Construction
Objective:
To provide support services during the construction phase.
Approach:
CDM Smith will complete the following activities in this task:
Submittal Review
CDM Smith will review construction shop drawings & submittals and provide written review comments within a maximum of (21) calendar days of receiving each submittal. Includes one initial review of 20 submittals and one resubmittal review of 25 percent of the submittals at approximately 3 hours per submittal. It is assumed that the contractor will package submittals to facilitate review by the Engineer.
Request for Information
CDM Smith will review requests for information (RFI) received from the contractor and will provide written responses. The scope includes review of ten (10) RFI’s at approximately 6 hours per RFI.
Record Drawings
CDM Smith will incorporate the contractor’s as-built mark-ups and drawing revisions into the bid drawings to create a set of record drawings. Field verification of the contractor’s markups can be provided at an additional cost. The contractor will provide mark-ups in electronic form clearly marking all changes.
Deliverables:
Submittal log
RFI log
Written submittal and RFI responses
10.22 6
Record drawings
Task 3 – Project Management
Objective:
To manage the CDM Smith team such that the services in the scope are completed within the allocated budget and schedule, and such that services and deliverables by the CDM Smith team meet the requirements of this Scope of Work.
Approach:
CDM Smith will facilitate a project kick-off meeting. The meeting will include a walkthrough of the existing well site to confirm plant upgrades.
CDM Smith will complete the following activities:
Facilitate weekly progress and coordination calls with SCWD staff during the design phase. Budgeted for two one-hour calls during the construction phase. Implement quality assurance and quality control (QA/QC) measures. Prepare monthly project progress reports.
Prepare monthly invoices following CDM Smith standard format. Communicate and correspond with the SCWD's Project Manager on project issues:
administrative, evaluation, design, and field-related; and Prepare a schedule of work showing each task and subtask, identifying milestones for critical meetings, workshops, progress calls, deliverables and SCWD reviews. The schedule will be submitted electronically in MS Project and in PDF file format. Schedule updates will be submitted monthly.
Assumptions:
A kick-off meeting will be scheduled within 5 days from Notice-to-Proceed and will be held in person with a meeting link set up to allow virtual participation as needed. Up to two CDM Smith staff will attend this meeting in person.
Conduct one in person site visit.
Weekly calls will last up to 1 hour and will be attend by the project manager and the technical lead(s) as needed.
Deliverables:
Monthly progress reports, project schedules, meeting agendas, and notes
10.23 7
List of Drawings anticipated to be provided in the 100% design package
BELTZ WTP TREATMENT UPGRADES
NO. DRAWING TITLE
General
1 COVER SHEET
2 PROJECT SHEET LIST AND GENERAL NOTES
Demolition
1 OVERALL DEMOLITION PLAN
2 DEMOLITION – PRESSURE TANK PLAN
3 DEMOLITION – PRESSURE TANK PHOTOS
4 DEMOLITION – BOOSTER PUMP
5 DEMOLITION – BOOSTER PUMP PHOTOS
6 DEMOLITION - DETAILS 1
Civil – NONE
Structural
1 STRUCTURAL NOTES AND SYMBOLS
2 FOUNDATION PLAN AND SECTIONS - PRESSURE TANK
3 STRUCTURAL DETAILS - 1
Architecture – NONE
Process Mechanical
1 MECHANICAL NOTES, LEGEND, AND SCHEDULE
2 PROCESS EQUIPMENT PLAN AND SECTIONS - PRESSURE TANK
3 PROCESS EQUIPMENT PLAN AND SECTIONS - PUMP
4 PROCESS SITE PIPING PLAN AND SECTIONS
5 MECHANICAL DETAILS 1
Instrumentation & Control
1 GENERAL NOTES AND LEGENDS
2 SCADA/UNIT SYSTEM ARCHITECTURE
3 PROCESS AND INTRUMENTATION DIAGRAM – PUMP & PRESSURE TANK 4 INSTALLATION DETAILS
10.24 8
Electrical
1 GENERAL NOTES AND LEGENDS
2 ELECTRICAL SITE PLAN
3 SINGLE LINE DIAGRAM
4 PLAN & DETAILS- PRESSURE TANK
5 PLAN & DETAILS - PUMP
10.25 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 15
EXHIBIT B: FEE SCHEDULE
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Exhibit B
10.27 Billing Rate Schedule
Effective January 1, 2024
PROFESSIONAL AND SUPPORT SERVICES HOURLY RATES
Vice President/Senior Vice President $110 - $140
Principal, Associate & Engineer/Scientist (Grade 7 & 8) $80 - $110 Senior Engineer/Scientist (Grade 6) $65 - $80
Engineer/Scientist (Grade 4 & 5) $50 - $65
Staff Engineer/Scientist (Grade 1, 2, & 3) $35 - $50
Cost Estimator/Scheduler $75 - $100
Draftsperson/Designer (DNDF1- DNDF8) $35 - $55
Contract/Project Administrator (FNCA5-8, ASPR8) $45 - $60 Secretary/Word Processor (ASWP1-ASWP5) $30 - $45
Administrative Assistant (ASAD1-ASAD5) $25 - $30
Hourly rates will be multiplied by 3.10 for billing purposes.
The above are based on regular rates current at the time of execution of this Agreement. If the regular rates of the employee are increased during the life of this Agreement, billing and payment will be at the increased regular rates for the applicable period of time.
Other Direct Costs
Other reimbursable direct costs shall be billed at 1.00 times actual cost. These reimbursable costs include, but are not limited to:
Travel: Air Fare, Auto Rental, Local Mileage ($0.625/mile or current IRS limit) Subsistence: Lodging and Meals
Communications: Long Distance and Cellular Telephone, Fax, Postage, and Courier Services Printing: Internal Reproduction ($1.25/sheet Color, $.15/sheet B&W); Outside Printing Services Equipment Rental
Subcontractor Services
Subcontractor services shall be billed at 1.1 times actual costs to cover the costs of general administrative services and handling.
10.28 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 16
EXHIBIT C: WORK SCHEDULE
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Exhibit C
10.30 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 17
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.
10.31 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 18
WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
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.
10.32 City of Santa Cruz Professional Services Agreement for Beltz Water Treatment Plant
Filter Replacement Project
August 2024 (Form Rev.01/23 ) Page 19
DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work. SELF-INSURED RETENTIONS (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.
C. 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).
D. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
10.33 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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REQUESTED BY DEPARTMENT HEAD
APPROVAL
BUDGET/ACCOUNTING
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APPROVAL
CITYMANAGER
APPROVAL
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Clear Form
2025
08/26/2024
Transfer $1,681,000 from project c702305, Beltz WTP Upgrades to a new FY2025 project c702502 Beltz WTP Filter Replacement. 0 711-70-91-7153-57302 c702305-100-2020-0 Water System -1,681,000 711-70-91-7153-57302 c702502-100-2020-0 Water System 1,681,000 0 0
Digitally signed by
Katy Fitzgerald
Date: 2024.08.26
15:50:32 -07'00'
Heidi
Luckenbach
Digitally signed by
Heidi Luckenbach
Date: 2024.08.27
16:43:45 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2024.09.10
11:04:21 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.09.10
12:51:21 -07'00' 10.34
City Council
AGENDA REPORT
DATE: 09/05/2024
AGENDA OF: 09/24/2024
DEPARTMENT: Water
SUBJECT: Transfer within the Water Department’s Capital Investment Program for Fiscal Year 2024 Water Program Administration Expenses – Budget Adjustment (WT)
RECOMMENDATION: Motion to adopt a resolution to amend the Fiscal Year 2024 budget by transferring funds in the amount of $1,869,505 from the Water Department’s Capital Investment Program (CIP) project c701901, Water Program Administration, to various other Water Department CIP projects for the purpose of allocating actual program administration expenses to active Water Program CIP projects.
BACKGROUND: On June 28, 2022, City Council approved the renewal of a five-year Master Services Agreement (MSA) with HDR Engineering, Inc. (HDR) for Program Management (PM) services; the Water Department is entering the third year of this five-year agreement. PM is the coordinated management of multiple and/or large CIP projects, and services vary widely based on the types of projects and needs of their owners. Typical PM services include staff augmentation, administrative tools, process development, software tools and applications, technical reviews, and financial, legal, and permitting support.
The MSA is organized into discrete tasks, listed below. Each fiscal year, the Water Department collaborates with HDR to develop a Service Order (SO) specifying the tasks to be completed within that fiscal year. Each SO includes the following tasks:
• Task 1-Program Administration: Implement program structures, policies, and systems, such as risk management, quality assurance, and program budget/controls. • Task 2-Planning and Preliminary Engineering: HDR is authorized to perform planning and preliminary engineering work, they are not authorized to perform design work. • Task 3-Construction Management: Provide constructability reviews, construction oversight, inspection, and commissioning.
• Task 4-Support Services: Assist with ancillary project requirements such as California Environmental Quality Act (CEQA), right of way, surveying, geotechnical, and development of grant or loan applications or other proposals for project funding.
11.1 Work within Tasks 2-4 is project-specific, and such work is charged directly to the appropriate CIP project during the fiscal year. However, Task 1 activities are broad and apply to all active CIP projects. For example, budgeting work involves reporting costs for all projects in combined reports, scheduling requires cross-project coordination, and Water Program procedures and quality controls are applied across all projects. Expenses for such tasks are charged to a general CIP project, c701901 Water Program Administration, and at the end of each fiscal year, the expenses charged to project c701901 are allocated amongst the Water Program CIP projects proportional to those project’s estimated costs.
DISCUSSION: When creating each SO, HDR provides an estimate of work to be completed under project c701901 for that fiscal year. That cost is used to budget and create a purchase order to pay for the actual work completed by HDR throughout the fiscal year. During the fiscal yearend process, the actual expenses (along with the associated budget appropriation) are transferred via a Budget Adjustment and Journal Entry to the appropriate CIP projects.
Allocation of these expenses allows the City to track these costs appropriately as capital expenses and, in some cases, to seek reimbursement from outside funding sources.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This Budget Adjustment and Journal Entry does not meet the definition of a project under CEQA.
HEALTH IN ALL POLICIES (HiAP): This Budget Adjustment and Journal Entry support two HiAP pillars: sustainability and public health. Some PM services can be reimbursed through grants and loans if they are applied to specific CIP projects. This supports the Water Department’s financial sustainability in funding a large and complex CIP to improve infrastructure integrity and system reliability that will preserve and secure reliable water supplies for long-term public health.
FISCAL IMPACT: None.
Prepared By:
Malissa Kaping
Principal Management
Analyst
Submitted By:
Heidi Luckenbach
Water Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. BUDGET ADJUSTMENT.PDF
11.2 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
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LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $
REQUESTED BY DEPARTMENT HEAD
APPROVAL
BUDGET/ACCOUNTING
5(9,(:('
FINANCE DIRECTOR
APPROVAL
CITYMANAGER
APPROVAL
5HVR
352-(&7
352-(&7
$02817
$02817
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TOTAL EXPENDITURE
TOTALREVENUE
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Clear Form
2024
08/21/2024
Transfer $1,869,505 within the Water Department's CIP from project c701901 to various projects as shown in the attached. 0 SEE ATTACHED
0 0
Digitally signed by
Malissa Kaping
Date: 2024.08.21
11:15:27 -07'00'
Heidi
Luckenbach
Digitally signed by
Heidi Luckenbach
Date: 2024.08.21
15:39:57 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2024.09.10
11:02:20 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.09.10
12:45:52 -07'00' 11.3
FY24 Water Program Admin Fee BA and JE
Project Number GL Number Project Name FY24 BA Amount FY24 JE Amount c700025-100-2020-0 711-70-91-7152-57302 GHWTP Facilities Improvement Project 473,714 (473,714) c701501-100-2020-0 711-70-91-7152-57302 GHWTP CC Tanks Replacement 128,505 (128,505) c701505-100-2020-0 711-70-91-7153-57302 University Tank 4 Rehab/Replacement 20,346 (20,346) c701606-100-2020-0 711-70-91-7153-57302 NCD I/O Replacement Project 277,015 (277,015) c701609-100-2020-0 711-70-91-7153-57302 ASR Planning 16,631 (16,631) c701611-100-2020-0 711-70-91-7153-57302 Recycled Water Feasibility Study 4,756 (4,756) c701612-100-2020-0 715-70-91-7153-57302 Recycled Water - SDC 2,038 (2,038) c701705-100-2020-0 711-70-91-7153-57302 Water Supply Augmentation 556,091 (556,091) c701903-100-2020-0 711-70-91-7151-57302 Tait Diversion Rehab/Replacement 27,492 (27,492) c702002-100-2020-0 711-70-91-7153-57302 Brackney Landslide Area Pipeline Risk Reduction 45,606 (45,606) c702101-100-2020-0 711-70-91-7153-57302 ASR Mid County Exisiting Infrastructure 41,089 (41,089) c702103-100-2020-0 711-70-91-7153-57302 ASR - Santa Margararita GW Basin 3,706 (3,706) c702105-100-2020-0 711-70-91-7153-57302 Newell Crk. Pipeline Felton/Graham Hill 106,672 (106,672) c702107-100-2020-0 711-70-91-7153-57302 Union/Locust Back-up Generator 860 (860) c702109-100-2020-0 711-70-91-7159-57302 GHWTP Gate Entrance Upgrades 2,997 (2,997) c702202-100-2020-0 711-70-91-7159-57901 CMMS Software Replacement for Water Dept 2,348 (2,348) c702203-100-2020-0 711-70-91-7152-57302 Beltz 12 Ammonia Removal 7,275 (7,275) c702205-100-2020-0 711-70-91-7151-57302 Intertie 1 - Santa Cruz-Scotts Valley 36,733 (36,733) c702304-100-2020-0 711-70-91-7159-57302 Branciforte Streambank Restoration * 2,586 (29,446) c702305-100-2020-0 711-70-91-7152-57302 Beltz WTP Upgrades 103,797 (103,797) e702301-100-2020-0 711-70-91-7153-57302 DR 4683 Felton Diversion Pipeline 9,248 (9,248) c701901-100-2020-0 711-70-91-7159-57302 Water Program Adminstration * (1,869,505) 1,896,365 NET TRANSFER $ - $ -
* JE and BA amount differ in order to fix $26,860 error in project entered when paying invoices.
11.4 ORDINANCE NO. 2024-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADDING CHAPTER 9.91, THE PROHIBITION OF GOVERNMENT-SPONSORED UNSANCTIONED
TRANSPORT OF HOMELESS PERSONS, TO THE SANTA CRUZ MUNICIPAL CODE WHEREAS, the City’s Homelessness Response Strategic Plan prioritizes affordable housing, outreach, engagement, offers for shelter, and connecting individuals with essential services.
WHEREAS, these priorities do not come without significant investment, but, so far, the results of these investments have been dramatic. The 2023 annual Point-In-Time (PIT) count reflected a 29% decline in the number of people experiencing homelessness in the City. The 2024 PIT count reflected another 36% decrease in homelessness in the City. There is much more work to do, but the progress thus far is encouraging.
WHEREAS, an incident occurred in late June of 2024 that, if allowed to be repeated, puts the City’s continued progress in this area at significant risk. On June 27th, 2024, two City of Hanford police officers transported and dropped-off a disabled unhoused person, with a truck full of the person’s possessions, from the City of Hanford to the Armory homeless shelter’s parking lot, without receiving any authorization to do so from the City of Santa Cruz or the shelter’s thenoperator, the Salvation Army.
WHEREAS, there is reason to believe that the City of Hanford and other jurisdictions may engage in this type of conduct again. Governor Gavin Newsom’s recent Executive Order N-1-24 directed removal of homeless encampments on state properties, and encouraged cities and counties to do the same, without at the same time requiring offers for shelter or housing. Similarly, the US Supreme Court, in City of Grants Pass v. Johnson, recently held that the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment, even in the absence of an offer of shelter.
WHEREAS, the City’s Homelessness Response Strategic Plan directs the City to provide shelter and services for homeless people in the City. However, the City does not have the resources available to provide shelter and services to any homeless person who happens to be dropped off in the City by employees of another jurisdiction. Incidents like the one discussed above prevent all cities and counties from responsibly addressing homelessness. If cities and counties can simply drop a homeless person off in another jurisdiction, no jurisdiction will be incentivized to provide shelter, deeply affordable housing, and the outreach services that are critical to actually solving homelessness.
WHEREAS, the Council finds it to be flagrantly inappropriate that the Hanford Police Department transported a homeless individual to the City of Santa Cruz without a confirmed safety plan or support system. But for the compassionate response of the Armory Shelter staff, Hanford PD would have cruelly left a disabled homeless person to fend for themselves in a community they were completely unfamiliar with.
12.1 ORDINANCE NO. 2024-15
2 WHEREAS, the Council finds that it is of the utmost importance that law be enacted to squarely address this issue and prevent similar events from occurring again in the City of Santa Cruz.
WHEREAS, this Ordinance is intended to: (1) help preserve the City’s limited homelessness-related resources (including shelter and outreach) for the benefit of individuals residing in the City of Santa Cruz, (2) encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to the persons experiencing homelessness within their jurisdictions, rather than simply just transporting these individuals to the City of Santa Cruz, and (3) prevent government agencies from engaging, in the City of Santa Cruz, in cruel and inhumane treatment of unhoused individuals.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
SECTION 1. Chapter 9.91 of the Santa Cruz Municipal Code is added as follows:
“Chapter 9.91
Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance
9.91.010 – Purpose and Intent of Chapter
This chapter shall be known as the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance. The purposes of this chapter are to: (1) help preserve the City’s limited homelessness-related resources (including shelter and outreach) for the benefit of individuals residing in the City of Santa Cruz, (2) encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to the persons experiencing homelessness within their jurisdictions, rather than simply just transporting these individuals to the City of Santa Cruz, and (3) prevent government agencies from engaging, in the City of Santa Cruz, in cruel and inhumane treatment of unhoused individuals.
9.91.020 - Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons
(a) No law enforcement officer, agent, or employee of a county, of another city, or of any other governmental entity, when acting in their official capacity, shall transport and drop-off an individual on public property, or private property that is accessible to the public, within the City of Santa Cruz, when the person being transported and droppedoff lacks a fixed, regular, and adequate nighttime residence. (b) A person “lacks a fixed, regular, and adequate nighttime residence” within the meaning of subdivision (a) above when that person:
12.2 ORDINANCE NO. 2024-15
3 (1) Has a primary nighttime residence that is a public or private place not meant for habitation; or
(2) Lives in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs); or
(3) Is exiting an institution where they have resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
(c) The prohibition contained in subdivision (a) above shall not be interpreted to prohibit the following authorized activities:
(1) Transporting a person to be booked into a County Jail or admitted to a Countydesignated custody alternative facility (e.g., a County-designated sobering center); or
(2) Transporting a person to be treated at a hospital or other medical facility; or (3) Transporting a person to reside at a shelter, temporary housing, or permanent housing, when the officer, agent, or employee has independently verified that the individual being transported has already been accepted to reside at the facility; or (4) Transporting a person to attend a verified appointment with a governmental or nonprofit social service provider; or (5) Transporting a person to attend a verified hearing at the Santa Cruz County Superior Court; or
(6) Any transportation or drop-off activities undertaken by the City of Santa Cruz within the City of Santa Cruz; or
(7) The operations of a governmental provider of public transportation, such as the Santa Cruz Metropolitan Transit District.”
9.91.030 – Penalty
A violation of Section 9.91.020(a) is a misdemeanor.”
12.3 ORDINANCE NO. 2024-15
4 SECTION 2. CEQA Determination. The Council finds that this ordinance is not a “project” under CEQA. “Project” is defined by CEQA as:
“an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a) An activity directly undertaken by any public agency. (b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.”(Pub.
Resources Code, § 21065.)
This ordinance is not a “project” under CEQA because no direct or indirect physical change to the environment is anticipated by way of this ordinance, nor does the ordinance represent the type of activity described in subdivisions (a) through (c) above.
Furthermore, even assuming for the sake of argument that this ordinance was interpreted to be a “project” under CEQA, the Class 21 categorical exemption would be applicable. The exemption applies to “[l]aw enforcement activities by peace officers acting under any law that provides a criminal sanction.” (14 CCR § 15321(b).) Here, this ordinance creates a misdemeanor offense.
Therefore, the enforcement of the ordinances falls under the Class 21 categorical exemption for enforcement actions by regulatory agencies.
Additionally, this ordinance is exempt under the “commonsense” exemption to CEQA. (14 CCR § 15061(b)(3).) The commonsense exemption applies “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (14 CCR § 15061(b)(3).) No significant physical change to the environment is anticipated by way of this ordinance.
SECTION 3. Health in All Policies (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars: equity, public health, and sustainability.
The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. This ordinance supports public health and equity principles by protecting the health and welfare of people experiencing homelessness, by prohibiting governmental entities from dropping homeless individuals off in the City of Santa Cruz without a confirmed safety plan or support system, and by prohibiting government agencies from engaging in cruel and inhumane treatment of unhoused individuals.
SECTION 4. This ordinance shall take effect and be in force thirty (30) days after final adoption.
12.4 ORDINANCE NO. 2024-15
5 PASSED FOR PUBLICATION this 10th day of September, 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 24th 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. 2024-15 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
12.5 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:
September 18, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 18th day of September, 2024, Santa Cruz, California ____________________________
Julia Wood
Deputy City Clerk Administrator
12.6 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 11th day of September, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-15, 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—5.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 11th day of September, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
12.7 From: Sally Klotz
To: City Council
Subject: Homeless Ordinance
Date: Sunday, September 15, 2024 1:17:22 PM
Dear City Council Members,
I am writing to express my strong support for the proposed ordinance banning communities from sending homeless individuals to Santa Cruz without proper coordination. The recent incident involving Hanford police officers highlights the urgent need for this measure.
Santa Cruz faces significant challenges in addressing its own homeless population. Governor Newsom's recent orders to remove homeless encampments raise concerns that other cities may attempt to relocate their homeless to our community, further straining our resources. This practice is both inhumane and unfair to our residents and local homeless population.
As Vice Mayor Renee Golder aptly stated, our commitment to addressing homelessness should not be exploited by other governments. This ordinance will ensure we can care for our own residents without being overwhelmed by individuals from outside jurisdictions.
I urge you to swiftly pass this ordinance to protect our community and uphold the dignity of all people experiencing homelessness. It's time to send a clear message that Santa Cruz will not be a dumping ground for other cities' homeless populations.
Thank you for your attention to this critical matter.
Sincerely,
Steve and Sarah Klotz
Santa Cruz Residents
12.8 From: Garrett
To: City Council
Subject: 9.24.24 Agenda Item #12 Dropping off people into Santa Cruz Date: Thursday, September 19, 2024 7:55:19 PM
9.24.24 Agenda Item #12 Dropping off people into Santa Cruz Dear Council,
I can't agree more it should be illegal for government agencies to drop people off who have no place to go here without provisions in place.
We see numerous examples of refugee resettlement decisions mad e by the Biden - Harris administration DUMPING foreigners into towns, small and large across America without the local ability to deal with it all.
The stories out of Springfield, Ohio and Haitian Migrants In Charleroi, Pennsylvania have started investigations of human tariffing causing a cultural a-bomb where migrants are taking American jobs, possibly in a fascist partnership between government and business, can't drive, causing accidents, causing rents to go up, where the "migrants" get all sorts of benefits , on the backs of local Americans. Yes , and some reports of eating wildlife. WE SURE DON'T NEED THIS HERE!!!!! "This last week U.S. Customs and Border Protection (CBP) released its latest statistics showing at least 530,000 migrants flew into the U.S. and were paroled into the country as part of the Biden administration’s controversial mass parole program for those migrating from Cuba, Haiti, Nicaragua and Venezuela (the CHNV program). The program essentially expedites the transfer of migrants from these countries with minimal vetting under refugee laws and allows them to stay in the US for at least two years with a work visa." - ZH So, sure, arrest Joe Biden and Kamala Harris if they try any of that stuff here and I hope to high heaven it doesn't happen here.
Of course, you can repeal that sanctuary city status anytime, don't be dumb or the last to figure out it can be a very bad thing for the people here.
Yes, I quite serious.
Haitian Migrants In Charleroi, Pennsylvania
12.9 WLJ reporter https://x.com/AsraNomani
https://twitter.com/i/status/1836395032472948769
Garrett Philipp - Westside
Haitian Migrants In Charleroi, Pennsylvania
12.10 ORDINANCE NO. 2024-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 21.07 “JUST CAUSE EVICTION ABOVE AB 1482 REQUIREMENTS” OF THE CITY OF SANTA CRUZ MUNICIPAL CODE TO EXTEND AB 1482 RENTAL INCREASE
PROTECTIONS UPON EXPIRATION OF AFFORDABLE HOUSING RENTAL
RESTRICTIONS
BE IT ORDAINED, by the City Council of the City of Santa Cruz as follows:
SECTION 1. Chapter 21.07 “Just Cause Eviction Above AB 1482 Requirements” is hereby amended to read as follows:
“Chapter 21.07
TENANT PROTECTIONS ABOVE AB 1482 REQUIREMENTS
21.07.010 EXTENDING AB 1482 PROTECTIONS TO SECTION 8 TENANTS.
Notwithstanding the language of California Civil Code Section 1946.2(e)(9), the no-fault just cause eviction protections of Section 1946.2 shall be applicable to tenants receiving subsidy through the Section 8 Housing Choice Voucher Program or the Section 8 Project Based Voucher Program. A full month’s rent shall be provided for relocation assistance, including both the tenant’s portion of the payment and the voucher amount. Any rent control protections that Section 8 Housing Choice Voucher holders are afforded by AB 1482 shall also be applied to such Section 8 Housing Choice tenants.
21.07.020 EXTENDING AB 1482 RENT INCREASE PROTECTIONS UPON EXPIRATION OF RENTAL RESTRICTIONS.
A. Notwithstanding the language of California Civil Code Section 1947.13(a)(1) and (2), for housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or for housing subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes, the limitations on gross rental rate increases set forth in California Civil Code Section 1947.12 shall apply to: (1) any tenancy in existence prior to when the one-year notice of expiration of rental restrictions is provided to affected tenants in accordance with California Government Code Section 65863.10(b), or (2) if multiple one-year notices are required to be provided under the Government Code due to multiple affordability agreements impacting the property, then any tenancy in existence prior to when the final required one-year notice of expiration of rental restrictions is provided to affected tenants in accordance with California Government Code Section 65863.10(b).
13.1 ORDINANCE NO. 2024-16
2 B. In accordance with California Civil Code Section 1947.12, for any tenancy described in subsection A., above, an owner of residential real property shall not, over the course of any 12- month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross permonth rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
C. For the purposes of this section, the annual “percentage change in the cost of living” shall be defined in accordance with subsection (g)(3) of California Civil Code Section 1947.12.
D. This section shall not apply to a dwelling or unit which is exempt from rent control requirements under California Civil Code Section 1954.52.
E. Upon the expiration of rental restrictions, and before establishing a gross rental rate consistent with Subdivision B above, the owner of an assisted housing development, as defined by Gov Code § 65863.10, must demonstrate compliance with all applicable provisions of Sections 65863.10, 65863.11, and 65863.13 of the Government Code and any other applicable federal, state, or local law, or regulation, including, but not limited to, Chapter 21.05 of the Santa Cruz Municipal Code.
21.07.030 CIVIL REMEDIES.
Failure by a landlord to comply with the terms of this chapter shall be an affirmative defense to any unlawful detainer action pending or filed on or after its effective date. In addition, tenant may bring a civil suit in the courts of the state for injunctive relief and damages, alleging that a landlord has violated any of the provisions of this chapter. In a civil suit, a landlord found to violate this chapter shall, in addition to injunctive relief, be liable to the tenant for all actual damages, as well as an award of reasonable attorneys’ fees and costs. Additionally, upon a showing that the landlord has acted willfully or with oppression, fraud, or malice, the tenant shall be awarded treble damages.
No administrative remedy need be exhausted prior to filing suit pursuant to this section.” SECTION 2. This ordinance shall take effect and be in force thirty (30) days after final adoption.
13.2 ORDINANCE NO. 2024-16
3 PASSED FOR PUBLICATION this 10th day of September , 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 24th 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. 2024-16 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
13.3 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:
September 18, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 18th day of September, 2024, Santa Cruz, California ____________________________
Julia Wood
Deputy City Clerk Administrator
13.4 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 11th day of September, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-16, 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.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 11th day of September, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
13.5 From: Andrew Davis
To: City Council
Subject: St. George Rent Cap
Date: Monday, September 16, 2024 7:25:55 PM
Dear City Council,
Thank you for considering a local rent cap to prevent the planned increases in rent at the St. George. You’ve invested so much to create a relatively few housing solutions affordable to low income residents: this is an opportunity to prevent over a hundred units from becoming unaffordable. I encourage you to weigh the possibility of a lawsuit, but to go forward even in the face of intimidation tactics. The principals have lost similar cases and aren’t likely to do more than bluster. If there are court costs they’ll be more than worth it to hold onto those affordable units.
Thank you for your leadership on this!
Andrew Davis
Santa Cruz, CA
13.6 From: Garrett
To: City Council
Subject: 9.24.24 Agenda Item # 13 rent controlled private property rental agreements violations Date: Sunday, September 22, 2024 6:23:46 PM
9.24.24 Agenda Item # 13 rent controlled private property rental agreements violations
Dear Council,
Yes there is a lot legalese involved in this, a clear attempt to use public monies directing the city to use all of those public monies to bring to bear an assault on private property rights and breaking age old agreements between the city and housing providers.
My opinion, you care NOTHING about private property rights. You care only abut defective "equity" delusiongs of social justice, and will use any and all means to violate agreements, and retroactively "change the deal" in rental agreements.
Cal. Civil Code § 1947.12 (d) identifies the properties that are exempt from the rent increase limitations provided in that section, and states the following:
(d) This section shall not apply to the following residential real properties:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(3) Housing subject to rent or price control through a public entity’s valid exercise of its police power consistent with Chapter 2.7 (commencing with Section 1954.50) that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(4) Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobile home.
(5) Residential real property that is alienable separate from the title to any other dwelling unit, including a mobile home, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.1
(ii) A corporation.
13.7 (iii) A limited liability company in which at least one member is a corporation. (iv) Management of a mobile home park, as defined in Section 798.2… (or) (6) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
You say "notwithstanding these provisions" , which I'm questioning whether they don't actually apply and you cannot "withstanding" anything in them.
You care not the burden you place on landlords. You must think they thieves and you Robin Hood. Robin Hood was a criminal.
I don't think you have explained in any satisfactory way WHY you think your actions re legal. You seem not to care to explain.
Let's hear WHY. Can SOMEONE on the council actually ask for an explanation? NOPE! Because in my opinion you don't care if it's legal or not.
In my opinion, you just want to be social justice warriors who have no idea of what justice is.
Let's SEE the rental price agreement you had, so we can all judge for ourselves if you are being fair.
Garrett Philipp
13.8 1
Lindsay Nelson
From: Kevin Cummings <[email protected]>
Sent: Monday, September 23, 2024 9:13 AM
To: Fred Keeley; Scott Newsome; Tony Condotti; Bonnie Bush; Sandy Brown; Renee Golder; Sonja Brunner; Shebreh Kalantari-Johnson; Martine Watkins; City Council; City Plan Subject: Subject: In Support of AB 1482 Extensions for St. George Apartments and the Palomar re September 24th, 2024
In Support of AB 1482 Extensions for St. George Apartments and the Palomar Dear Mayor Keeley, Vice Mayor Golder, Council Members Newsome, Brown, Brunner, Kalantari-Johnson, Watkins, and City Attorney Condotti, I am writing to express my strong support for the City Council's extension of AB 1482 renter protections for the residents of St. George Apartments and the Palomar. I urge you to codify these protections into law, safeguarding the housing stability of many residents who, like my wife and I, have faced months of uncertainty.
As Scott Newsome wrote recently, homelessness is a multifaceted issue, requiring a combination of solutions. One point I recently came across made a great deal of sense: one of the contributing factors to the rise in homelessness in California is the decline of SRO (Single Room Occupancy) apartment buildings. These essential housing resources have diminished over time, creating a gap that pushes vulnerable populations into instability.
Fortunately, the City of Santa Cruz had the wisdom to rebuild the old St George which was destroyed in the earthquake of 1989 and still has two such buildings in the new St. George and the Palomar, but it is crucial that they are used properly. Extending the protections of AB 1482 will ensure that these buildings serve the community, providing affordable housing rather than becoming off-campus dormitories for UC Santa Cruz students.
Without these protections, long-term residents face housing insecurity at best—and homelessness at worst.
The past 11 months have been extremely difficult for my wife and me, as they have been for dozens of other residents. We seriously considered leaving the city we love because we could no longer afford to stay with a scheduled 255% rent increase to take effect on November 1, 2024. This Council's proposal has given us hope. It allows us to continue living in downtown Santa Cruz and helps ensure that the community remains diverse and vibrant. This solution is essential to preserving the fabric of the city.
Keep in mind that the landlord, Green Valley Corporation (GVC St. George/Barron Ranches Inc.), has already been investigated for AB 1482 violations by the Attorney General's Office and fined nearly $400,000 for illegal rent increases of up to 151% and six illegal evictions. As Cormac McCarthy so wisely said in No Country for Old Men, “You never know what worse luck your bad luck has saved you from.” Without the investigation by Rob Bonta and the subsequent settlement, Green Valley Corporation may have faced far more severe consequences under Senate Bill 567, which now adds teeth to AB 1482 enforcement through treble damages.
13.9 2
Council Member Scott Newsome recently wrote in the September 22, 2024 Sunday Santa Cruz Sentinel, in the Mayor's Message column, “An ounce of prevention is worth a pound of cure,” and this ordinance embodies that sentiment. By extending these protections, you prevent displacement, maintain housing stability, and avoid far greater social costs down the line.
Thank you for your time and your continued commitment to the residents of Santa Cruz.
Sincerely,
Kevin Cummings
St. George Apartment Resident Since 1993
13.10 3
Lindsay Nelson
From: Heather Fisher <[email protected]>
Sent: Monday, September 23, 2024 1:09 PM
To: City Council
Subject: Regarding recently passed Five percent cola rental increase Dear City Council-
Really happy to hear in church that you passed the only 5 percent rent increase last week- Please email me this informaƟon so I can show it to my neighbors. Really grateful! Thanks ,
Noel FisherGordon
Sent from my iPhone
13.11 From: McCay, Karen K.
To: City Council; City Council
Cc: [email protected]; Bonnie Bush
Subject: Please Vote No on Proposed Ordinance 2024-16
Date: Monday, September 23, 2024 3:09:43 PM
Attachments: Spencer Fane Letter to Santa Cruz City Attorney Re Proposed Ordinance 2024-16(2126182.1).pdf Dear Council Members:
Attached please find correspondence of September 20, 2024, sent last Friday by this office to the City Attorney as we wish to bring to your attention some of the legal deficiencies of Proposed Ordinance No. 2024-16, which is scheduled for a second reading at the up-coming Santa Cruz City Council meeting on September 24, 2024. As set forth in the attached letter, the Proposed Ordinance will result in an unconstitutional regulatory taking from only those property owners who have fulfilled their contractual obligations to restrict rents to amounts affordable to very low-, low- and moderateincome households, as the Proposed Ordinance does not include any procedural mechanism to ensure that such owners can obtain a fair rate of return on their property after restricting rents by agreement for decades.
The notice provisions of the California Government Code are intended to provide affected tenants sufficient time to locate suitable alternative subsidized or rentrestricted housing in anticipation of the expiration of regulatory agreements restricting their rents. While there may be a shortage of such housing within the City of Santa Cruz, it is neither fair nor constitutional to put the burden of housing low-income individuals on private property owners who have supported the City’s affordable housing efforts for years and who are entitled to a fair rate of return on their investment after the expiration of their regulatory agreements.
For these reasons, and the others discussed in the attached letter, we urge you to vote no on Proposed Ordinance 2024-16.
Thank you for your time and consideration.
Karen K. McCayPartner (she/her/hers)
Spencer Fane LLP
225 West Santa Clara St., Suite 1500 | San Jose, CA 95113 O: 408.286.5100D: 408.918.2832
[email protected] | spencerfane.com
13.12 Karen K. McCay
[email protected]
S P E N C E R F A N E L L P | 2 2 5 W E S T S A N T A C L A R A S T R E E T , S U I T E 1 5 0 0 , S A N J O S E , C A 9 5 1 1 3 | 4 0 8 . 2 8 6 . 5 1 0 0 | F A X 4 0 8 . 2 8 6 . 5 7 2 2 | s p e n c e r f a n e . c o m September 20, 2024
VIA Electronic Mail Only
Anthony P. Condotti
City Attorney
[email protected]
Re: Proposed Ordinance No. 2024-16 Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions
Dear Mr. Condotti:
We write to bring to your attention some of the legal deficiencies of Ordinance No. 2024-16 which is scheduled for a second reading at the up-coming City Council meeting on September 24, 2024 (“Proposed Ordinance”).
As set forth below, if adopted as currently written, the Proposed Ordinance will result in an unconstitutional regulatory taking from only those property owners who have fulfilled their contractual obligations to restrict rents to amounts affordable to very low-, low-, and moderate-income households, as the Proposed Ordinance does not include any procedural mechanism to ensure that such owners can obtain a fair rate of return on their property. This factor alone is grounds for a court to strike down this local rent control ordinance.
The Proposed Ordinance seeks to add Section 21.07.020 (“Extending AB 1482 Rent Increase Protections Upon Expiration of Rental Restrictions”) to Chapter 21.07 (“Tenant Protections Above AB 1482 Requirements”).
Pertinent to this letter, the Proposed Ordinance provides:
Notwithstanding the language of California Civil Code Section 1947.13(a)(1) and (2), for housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or for housing subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes, the limitations on gross rental rate increases set forth in California Civil Code Section 1947.12 shall apply to: (1) any tenancy in existence prior to when the one-year notice of expiration of rental restrictions is provided to affected tenants in accordance with California Government Code Section 65863.10(b), or (2) if multiple one-year notices are required to be provided under the Government Code due to multiple affordability agreements impacting the property, then any tenancy in existence prior to when the final required one-year notice of expiration of rental restrictions is provided to affected tenants in accordance with California Government Code Section 65863.10(b).1 1 Proposed Ordinance Section 21.07.020(A) (emphasis added).
13.13 Anthony P. Condotti
September 20, 2024