Agenda packet — Santa Cruz City Council, November 19, 2024 (part 3 of 5)

Professional Services Agreement With

BPR CONSULTING GROUP LLC
For PLAN REVIEW AND BUILDING INSPECTION SERVICES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and BPR Consulting Group LLC (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of January 1, 2025 (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 LEE BUTLER, Director of the PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

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.

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SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Markups shall not be charged for any approved sub-consultants or subcontractors.

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval.

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

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

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

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

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 6 months beginning on the Effective Date of this Agreement and terminating on June 30, 2025. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

Such authority 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.

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SECTION 14: MISCELLANEOUS PROVISIONS

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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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.

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

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

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

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

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(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; 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;

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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 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.

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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:

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

BPR Consulting Group
Ron Beehler
2130 Professional Drive
Roseville, CA 95661
[email protected]
916-204-3178
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]

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Signature Requirements for Business Entity:
a. Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer b. Partnership - Signature of General Partner, or signature of partner who is authorized to execute documents per the Certificate of Partnership. If authorized partner is a corporation, follow Corporation signature requirement. c. LLC- For a member-managed LLC, signature of any member. For a manager-managed LLC, signature of the manager. If the LLC has corporate officer designations, follow Corporation signature requirement.

See, City’s Signature Requirements for Business Entities for more information.

Approved As To Form:

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

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

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 10/30/24

20.33 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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EXHIBIT A: SCOPE OF WORK
The Consultant shall perform all necessary aspects to complete the scope of work described herein. Under the direction and supervision of the City of Santa Cruz Chief Building Official, the Consultant will perform the following plan review and building inspection services:

TASK 1 – PLAN CHECKING
A. The Consultant shall perform plan review with experienced, knowledgeable, and technically qualified staff, in conformance with any and all applicable current building construction methods and practices, City of Santa Cruz (“City”) codes and regulations, city adopted California State Building Standards Code including modifications to such codes including but not limited to Building, Electrical, Plumbing, Mechanical, CAL Green, City Green Building Program, Energy, Accessibility, by a CASp (Certified Access Specialist), Historical Building, Existing Building, and other related professional and technical services.

B. Plan review and CASp services shall include an initial review and up to two (2) subsequent reviews of building construction plans for compliance with State of California model codes adopted by the City and local ordinances including modifications as stated in SCMC (Santa Cruz Municipal Code) Title 18.

C. Consultant shall perform plan checking services in a timely and expeditious manner within the City’s specified timeframes, and in a competent, diligent, and workmanlike/professional manner in accordance with industry standards and practices of Consultant's profession, at the Consultant's own office or at project sites.

D. The Consultant shall review the plans prepared by or on behalf of the various private developers for compliance with the City’s codes and regulations. Consultant shall provide their contact information on all correction transmittals and make every attempt to settle disputes of comments with applicants or designers unless City or state codes or regulations require specific approval by the Chief Building Official.

E. The Consultant shall notify applicants of other required approvals, releases, and required reviews by other agencies having jurisdiction in such matters relative to the enforcement of the state laws including but not limited to Fire Codes, Government Codes and Health & Safety Codes, etc. When satisfied that the appropriate requirements of the state laws, City's codes and other regulating agencies have been met, the Consultant shall approve such plans and permits in accordance with any process provided in such codes.

TASK 2 – BUILDING INSPECTIONS
A. Consultant shall assign building inspectors that have the ability and capacity to perform onsite building inspection services covering but not limited to safety, structural, plumbing, mechanical, and electrical systems related to any applicable City or state codes or regulations, approved plans and supporting construction documents for all new construction or alterations of residential and commercial structures.

B. Assigned building inspector(s) shall provide building inspection services as needed and as requested in support of City staff for time-off, other absences and/or the course of construction of such private facilities to obtain compliance with the provisions of the City’s ordinances and the code requirements set forth on the approved plans and supporting documentation for which the permit was issued.

C. In the performance of such duties, the building inspector(s) shall provide professional and timely inspection for each project at the completion of the various stages of construction to determine compliance with the approved plans, supporting documentation and any applicable City codes or regulations.

D. Inspection services are a priority in providing necessary services to the City’s customers in a timely manner and are limited by providing CASp services. The City's intent is to minimize response time and improve customer service by supplementing in-house consulting services on an as needed basis. Consultant, upon request of the City, shall attend any required meetings related to the plan review

20.34 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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or CASp inspections of projects to maintain a fluid and consistent process. Attendance may occur virtually, when feasible.

TASK 3 – INTEGRATION WITH OTHER SYSTEMS
A. Tyler Enterprise Permitting and Licensing (EPL) (a permitting and land management platform): The new land management will be fully implemented in 2025. Consultant will work with the City for opportunities for integration with future systems within the plan review process.

B. Bluebeam Integration (a digital plan review software: Currently reviews are being done in BlueBeam Studio Session, a cloud hosted PDF-based mark up and collaboration platform. The Consultant will need the ability to complete review, comment, and stamp in BlueBeam.

TASK 4 – PROVIDE NECESSARY EQUIPMENT, TRAVEL, AND TRAINING Consultant shall ensure, at its sole expense, the following:

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

TASK 5 – QUALIFICATIONS
Consultant must be or have on staff California Licensed Professional and Structural Engineer(s), State of California Certified Access Specialists, and ICC certified building inspectors and plans examiners.

TASK 6 – INCLUDED IN FEE SCHEDULE
Consultant shall include in its fee schedule the following:

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

B. Overtime rate per staff member per hour, subject to City's review and approval prior to approving overtime; and
C. Administrative cost per hour.

20.35 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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EXHIBIT B: FEE SCHEDULE

FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES FOR THE CITY OF SANTA CRUZ All Rates are Subject to Basis of Charge
Personnel / Review Type All Inclusive Fee / Hourly Fee
Fixed Fee Plan Review and Services

1. Initial Plan Review and Two Back Check
Reviews
65%* Plan Review Fees Collected by the City
* Ability to do a revised rate for special
projects, with agreement by BPR and City of
Santa Cruz

2. Plan Review Beyond the Third Review As Per Hourly Rates Below

3. Expedited Plan Review 150% of the Standard Rate

4. Revisions / Deferred Submittals As Per Hourly Rates Below

5. Inspection Services As Per Hourly Rates Below

6. Permit Technician / Administrative Services As Per Hourly Rates Below Schedule of Hourly Billing Rates

7. Licensed Plan Review Engineer
(structural, civil, electrical, mechanical)
$145 / hour

8. ICC Certified Plans Examiner $130 / hour

9. CASp Plans Examiner or Inspector $135 / hour

10. ICC Certified Inspector $95 to $125 / hour*
Based on experience and qualifications
* Ability to do a revised rate for special
projects, with agreement by BPR and City of
Santa Cruz

11. Fire Protection Engineer $145 / hour

12. ICC Fire Plans Examiner $130 / hour

13. ICC Fire Inspector $125 / hour

14. Permit Technician $78 / hour

15. Permit Technician Trainee/ Building
Department Support Staff
$50 / hour
Annual Increases

16. Cost Escalation
(Per Fiscal Year starting July 1st)
3%

20.36 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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EXHIBIT B: FEE SCHEDULE
(CONTINUED)

BASIS OF CHARGES
• Shipping: There is no charge to the City for courier or shipping services for plan reviews conducted off site.
• Overtime: Inspection services and other hourly services provided within City offices in excess of eight hours per day, nights, and weekends will be charged at 140% of the billing rates indicated above.
• Mileage Expenses: Mileage will not be charged to the City. • Minimum Daily Charge: There will be a minimum 8-hour daily charge for all on-call plan review and permit technician and support services provided within City offices. • Cost Escalation: BPR assumes that these rates reflect the FY2024-2025 contract period. There will be a 3% escalation for FY2025-2026, FY2026-2027, FY2027-2028, and FY2028-2029 (subject to renewal).
• Hourly Rates: All hourly rates include salaries, benefits, workers compensation insurance and miscellaneous office expenses.
• Inspection Services: There will be a minimum 8-hour charge per inspector for each day on-site inspection services are provided within the City.

20.37 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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.

20.38 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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(Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

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

20.39 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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• SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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

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

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

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

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

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

20.40 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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Professional Services Agreement With
CSG CONSULTANTS, INC.

For PLAN REVIEW AND BUILDING INSPECTION SERVICES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and CSG Consultants, Inc. (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of January 1, 2025 (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.

20.41 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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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.

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.

20.42 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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

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

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

20.43 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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20.44 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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SECTION 14: MISCELLANEOUS PROVISIONS

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.

20.45 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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

20.46 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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20.47 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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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.

20.48 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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20.49 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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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.

To CITY:

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

CSG Consultants, Inc.

Cyrus Kianpour
550 Pilgrim Drive
Foster City, CA 94404
650-522-2500
[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.

20.50 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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Signature Requirements for Business Entity:
a. Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

See, City’s Signature Requirements for Business Entities for more information.

Approved As To Form:

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

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

20.51 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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20.52 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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or CASp inspections of projects to maintain a fluid and consistent process. Attendance may occur virtually, when feasible.

TASK 4 – PROVIDE NECESSARY EQUIPMENT, TRAVEL, AND TRAINING Consultant shall ensure, at its sole expense, the following:

TASK 6 – INCLUDED IN FEE SCHEDULE
Consultant shall include in its fee schedule the following:

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

B. Overtime rate per staff member per hour, subject to City's review and approval prior to approving overtime; and
C. Administrative cost per hour.

20.53 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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EXHIBIT B: FEE SCHEDULE

FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES FOR THE CITY OF SANTA CRUZ All Rates are Subject to Basis of Charge
Personnel / Review Type All Inclusive Fee / Hourly Fee
Building Plan Review by Percentage

1. Full Building Plan Review by Percentage 55% of Agency’s Building Plan Check Fees

2. Expedited Plan Review by Percentage 85% of Agency’s Building Plan Check Fees

3. Minimum Per Plan Review

4. (Except for Residential Solar)
$250
Building Plan Review Hourly Rates (minimum 1 hour per submittal)

5. Building Plan Review $125 / hour

6. Structural Only Plan Review $160 / hour

7. CASp Plan Review/Consultation $135 / hour

8. Expedited Plan Review (Hourly) 1.5 x Hourly Rate

9. Overtime 1.5 x Hourly Rate
Building Division Services

10. CASp Inspection $135 / hour

11. Building Inspector $120 / hour (4 hour minimum)

12. Senior Building Inspector $130 / hour (4 hour minimum)

13. Building Department Special Projects $150 / hour

14. Administration/Plan Processing $80

15. Overtime 1.5 x Hourly Rate
Annual Increases

16. Annual Increase Rate
(Per Fiscal Year starting July 1st)
3%

20.54 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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EXHIBIT B: FEE SCHEDULE
(CONTINUED)

BASIS OF CHARGES
• Plan review is based on a percentage of the agency’s plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate.
• RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance and in writing with the City.
• Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon in writing between the City and the Consultant. • All hourly rates include overhead costs including but not limited to salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses. • Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding and the Agreement shall be amended pursuant to Section 13 of the Agreement.
• Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate.
• Inspection services provided on weekends will be billed a 2x the applicable hourly rate. • Hourly rates for publicly funded projects will be based on current prevailing wage rates. • CSG assumes that these rates reflect the FY2024-2025 contract period. There will be a 3% escalation for FY2025-2026, FY2026-2027, FY2027-2028, and FY2028-2029 (subject to renewal). • CSG will mail/email an invoice every month for services rendered during the previous month.

Unless otherwise agreed, payment terms are 30 days from receipt by the City from the Consultant of a correct and undisputed invoice.
• This fee proposal is valid for a period of 90 days from date of submittal. • If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.
• For hourly projects only, performance of plan review services utilizing the agency’s adopted plan review software (e.g., ProjectDox or Bluebeam Studios) to, for example, markup plans with corrections and redlines and/or coordinate with other internal agencies, may involve additional time being added to the plan review time at the associated plan review rate. • Administration/Plan Processing fees are incurred for specific additional services requested by the City beyond the normally provided CSG administrative services which typically include coordinating the pick-up and return of plans; performing scanning, collating, and tracking; and providing plan review status updates to the agency. Cost for additional services will be negotiated based on the type of request with a minimum fee based on 0.5 hours of service per project.
• Building Department Special Projects may include developing and establishing the following:
building department workflows and relationships with other internal agency departments, building permit code requirements, inspector and permit technician responsibilities, criteria for over-the-counter plan review and out-to-plan check projects, transmittals and routing processes, Building Department handouts for different project types; and may include other duties as assigned by the City.

20.55 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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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.

20.56 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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20.57 City of Santa Cruz Professional Services Agreement for Plan Review and Building Inspection Services

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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.

20.58 City Council

AGENDA REPORT
DATE: 10/31/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Public Works
SUBJECT: Authorization to Submit a Grant Application for General Plan Mobility and Transportation Analysis Updates (PW)
RECOMMENDATION: Motion to:
1) Authorize the City Manager to apply for, accept, and appropriate funds from the California Department of Transportation Sustainable Transportation Planning Grant Program for the General Plan Mobility and Transportation Analysis Updates; and 2) Adopt a resolution to amend the FY 2025 budget in the amount of $450,000 for the General Plan Mobility and Transportation Analysis Updates.

BACKGROUND: The City of Santa Cruz (City) adopted the current General Plan in 2012. The Planning Department will be leading an update to the General Plan Environmental Impact Report (EIR) in 2025-2027. As part of that effort, staff proposes updating the Mobility Element of the General Plan to align with the current California Environmental Quality Act (CEQA) transportation requirements. This staff report requests authorization to apply for grant funding to complete this effort.

DISCUSSION: At the time the 2012 General Plan was adopted, state transportation policy and environmental policy utilized a substantially different approach than is taken today. Updating the Mobility Element creates an opportunity for the City to align our guiding transportation polices with current transportation planning practice and state law that assesses transportation related environmental analysis.

Additionally, this effort will examine our Transportation Impact Analysis (TIA) Guidelines and Transportation Impact Fees (TIF). The existing TIA and TIF are tied to the 2012 General Plan and General Plan EIR transportation analysis, and using current legal frameworks to evaluate the transportation impacts of the General Plan will require updates to both TIA and TIF. This effort will also evaluate projected transportation impacts, assess viable approaches to measuring impacts on a project specific basis, and determine an appropriate fee-based program that relates to those impacts and is legal under current law.

The Caltrans Sustainable Transportation Planning Grant program offers a grant minimum of $100,000 and a maximum of $700,000. Preliminary cost estimates for this effort are $450,000.

21.1 The grant requires an 11.47% local match, which will be provided through local staff time billed to the project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Applying for a grant is not a project under CEQA. If awarded, the project will be evaluated for environmental impacts as part of the overall General Plan EIR.

HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Conditions: Health and Wellness and Healthy Environments. A focus on a sustainable transportation system that offers mobility and connectivity supports the health and well-being of our community. As transportation is the largest generator of greenhouse gas emissions in our community, planning for a multi-modal transportation system also supports a healthy environment.

FISCAL IMPACT: The grant budget is under development. The expected project cost is $450,000. The required 11.47% local match will be provided through staff hours currently paid by 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. BUDGET ADJUSTMENT.PDF

21.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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11/04/2024
The Planning Department will be leading on an update to the General Plan Environmental Impact Report (EIR) in 2025-2027. As part of that effort, staff proposes updating the Mobility Element of the General Plan to align with the current California Environmental Quality Act (CEQA) transportation requirements. The Caltrans Sustainable Transportation Planning Grant program would examine our Transportation Impact Analysis (TIA) Guidelines and Transportation Impact Fees (TIF). The existing TIA and TIF are tied to the 2012 General Plan and General Plan EIR transportation analysis, and using current legal frameworks to evaluate the transportation impacts of the General Plan will require updates to both TIA and TIF.
101-40-64-4220-43232 g4025xx-200-1014-0167 State operating grants-Caltrans 450,000 General Plan Mobility Update and Transportation Analysis Updates 450,000
101-40-64-4220-52153 g4025xx-100-2020-0 Program services - grants 450,000 450,000
0 Christin
a Alberti
Digitally signed by
Christina Alberti
Date: 2024.11.04
15:38:31 -08'00'
Nathan N.

Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2024.11.04
16:20:50 -08'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2024.11.04
16:31:33 -08'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.11.05
07:07:44 -08'00' 21.3
City Council

AGENDA REPORT
DATE: 10/31/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Public Works
SUBJECT: Frederick Street Park Pacific Gas and Electric Company Easement – Approval of Easement Deed (PW)
RECOMMENDATION: Motion to adopt a resolution to approve an easement deed granted to Pacific Gas and Electric Company (“PG&E”) for the installation of a gas distribution regulator station on the frontage of Frederick Street Park - APN No. 011-141-17.

BACKGROUND: As part of PG&E’s safety program they have been tasked with replacing and upgrading their gas distribution regulator stations (DRS) in the City of Santa Cruz (City). The existing DRS location has space constraints and has been deemed non-compliant requiring a new location. PG&E identified a new nearby location but the adjacent property owners did not want the DRS located within their neighborhood. Public Works identified 11 optional locations, but those locations did not meet the criteria for a buildable station. Frederick Street Park was identified as a location that had the least impact on the neighborhood. PG&E has agreed to install a new sidewalk along the frontage of the park and will also pay the City an easement deed fee in the amount of $5,424.00.

DISCUSSION: Public Works and Parks and Recreation staff have reviewed the easement deed and proposed new sidewalk location and found it is conformance with the local regulations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Approval of this resolution is not a “project” under the California Environmental Quality Act (“CEQA”). An activity undertaken, supported, or authorized by a public agency is a “project” subject to CEQA only if it “may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (Pub. Resources Code, § 21065.) Approval of this ordinance is not a “project” under CEQA because it does not have the potential to cause physical change in the environment directly or indirectly. Alternatively, under CEQA Guidelines section 15061(b)(3), granting PG&E the easement is exempt from CEQA in that it the grant will not have a significant effect on the environment. The easement grant is also exempt under CEQA Guidelines section 15301 for “existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services.”
HEALTH IN ALL POLICIES (HiAP): The Frederick Street easement supports the following Health in all Policies Conditions: Neighborhood/Built Environment and Public Safety by enabling safety upgrades to PG&E infrastructure.

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

Prepared By:

Curtis Busenhart
Engineering Associate
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. EASEMENT.PDF

22.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

GRANTING AN EASEMENT DEED FOR THE INSTALLATION OF A PG&E DISTRUBUTION REGULATION STATION ON THE FREDERICK STREET FRONTAGE.

WHEREAS, the City of Santa Cruz holds fee title to Frederick Street Park further identified as APN 011-141-17 (the “Property”); and
WHEREAS, the Pacific Gas and Electric Company (“PG&E”) plans to install and maintain a gas distribution regulator system on the Property to increase safety and meet regulatory requirements (the “Project”); and
WHEREAS, the City desires to grant an easement for the Project pursuant to the terms of the easement deed, attached hereto as Exhibit A (the “Easement Deed”).

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

1. The City Council hereby approved the Easement Deed, in the form attached hereto as Exhibit A, with such changes as may be approved by the City Manager.

2. The City Council hereby authorizes the City Manager to execute the Easement Deed and cause it to be recorded.

PASSED AND ADOPTED this 24th day of November 19, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:___________________________
Mayor
ATTEST: _____________________________
City Clerk

22.3 22.4

22.5 22.6

22.7 22.8
City Council

AGENDA REPORT
DATE: 10/31/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Public Works
SUBJECT: Resolution Amending the FY 2025 Budget to WWTF Master Planning (c402504) and WWTF Master Planning – Collection System Projects (c402516) – Budget Adjustment (PW)
RECOMMENDATION: Motion to adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $550,000 for the WWTF Master Planning – Collection System project (c402516), and appropriate funds in the amount of $844,705 from anticipated revenue for expenses with the WWTF Master Planning project (c402504).

BACKGROUND: The City of Santa Cruz (City) Wastewater Treatment Facility (WWTF), originally built in 1928 has been periodically expanded and upgraded. The Advanced Primary modifications were completed in 1988. The Secondary Treatment Facility upgrade was completed in 1998. In 2017, the City contracted Kennedy Jenks to conduct a major equipment condition assessment at the WWTF. Kennedy Jenks assessed WWTF asset conditions, identified high-risk assets, and provided a prioritized list of capital improvement projects to be completed over the next 10 to 15 years.

In February 2022, the City of Santa Cruz solicited statements of qualifications from qualified consultants to provide consulting engineering support services for the upcoming capital improvement projects at the WWTF. Proposals were received from Brown and Caldwell (San Jose), West Yost (Concord), Kennedy Jenks (Santa Clara), MNS Engineers (San Jose) and Dudek (Santa Cruz). Proposals were evaluated based on the criteria listed in the solicitation, and the evaluation committee selected Brown and Caldwell. In June 2022 , the City awarded the contract for consulting engineering services to Bown and Caldwell.

DISCUSSION: In November 2023 the City identified the next phase of projects including the critical need to develop a regional master plan for the WWTF to sequence the various projects and address future treatment needs.

The City has finalized the scope and budget negotiations with Brown and Caldwell for the Master Planning project and this budget adjustment is necessary to fully fund the project. Per the existing cost sharing agreement, the County of Santa Cruz Sanitation District will contribute (8/17ths) of the project costs for the WWTF Master Planning project (c402504).

23.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Allocating funding is not a project. Each project recommended by the master plan will be analyzed through a future CEQA analysis.

HEALTH IN ALL POLICIES (HiAP): This project supports human and environmental health through the safe treatment and management of wastewater.

FISCAL IMPACT: This recommendation requires a change to the budget, which can be seen in the attached budget adjustment. Funds are available from the Wastewater Fund (Fund 721) for WWTF Master Planning (c402504) and WWTF Master Planning – Collection System (c402516) to fully fund the projects. There is no impact to the General Fund.

Prepared By:

Katie Stewart
Senior Professional Engineer
Submitted By:

Nathan Nguyen, P.E
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

23.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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REQUESTED BY DEPARTMENT HEAD

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APPROVAL

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TOTAL EXPENDITURE

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Add funding to the WWTF Master Planning - Collection System Project to fully fund actual project costs and incorporate the Santa Cruz County Sanitation District's cost sharing agreement portion of project funds in the existing WWTF Master Planning Project. 721-40-62-7252-43350 c402504-475-4060-0 WWTF Master Planning 844,705 Local capital grants and contributions
844,705
721-40-62-7252-57301 c402516-100-2020-0 WWTF Master Planning - Collections Systems 550,000 Sewer systems
550,000
294,705
Christin
a Alberti
Digitally signed by
Christina Alberti
Date: 2024.10.24
16:23:15 -07'00'
Nathan N.

Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2024.10.30
17:11:17 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2024.10.31
11:14:37 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.10.31
15:11:32 -07'00' 23.3
City Council

AGENDA REPORT
DATE: 10/31/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Water
SUBJECT: Union/Locust Backup Generator Project (c702107) – Approval of Plans and Specifications, California Environmental Quality Act Exemption, and Authorization to Advertise for Bids and Award of Contract (WT) RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the Union/Locust Backup Generator Project (c702107) (Project) and authorize staff to advertise for bids at https://procurement.opengov.com/portal/santacruzca. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; 2) Approve the California Environmental Quality Act (CEQA) determination contained in this Agenda Report. The Council’s action is exempt from CEQA review under California Code of Regulations Section 15301 and Section 15303. Under those authorities, CEQA does not apply to existing facilities or new construction of small structures; 3) Authorize the Water Director to execute change orders for the Project within the approved project budget; and
4) Authorize the City Manager to execute an Implementation Agreement between the City of Santa Cruz and Santa Cruz Public Libraries to implement the Project in a form approved by the City Attorney.

BACKGROUND: The Santa Cruz Water Department (Department) shares an office building, referred to as the Union/Locust Building, with the Santa Cruz Public Libraries that is divided into two addresses 212 Locust Street (Water) and 117 Union Street (Library). The Union/Locust Building is not equipped with a backup source of power and is vulnerable to prolonged power outages, most recently during the 2023 winter storms. These outages interrupt the operations of both Library and Water Department staff, such as the Santa Cruz Municipal Utilities section of the Water Department, who are unable to assist customers and collect water, sewer, and wastewater revenues when there is a power outage.

The Department consulted a local energy consulting firm to assess the feasibility of a new battery energy storage system to complement the Union/Locust Building’s existing solar panel system. This option was deemed not viable due to limited power supply runtime reliability (6-10 hours) during a power outage, the ability to power only critical Water Department circuits

24.1 (excluding heating/cooling systems and elevator), high up front cost ($440,000, or $270,000 after incentives), and safety concerns raised by the Santa Cruz Fire Department regarding battery fire risks. It was determined that there is not enough physical space onsite to install a battery system large enough to serve the needs of both the Water Department and the Santa Cruz Public Libraries. Additionally, the cost for such a system could be three times the cost of the initially proposed system.

DISCUSSION: This project will provide a backup power supply to ensure business continuity for Library and Water Department functions during power outages at the Union/Locust Building.

The Pacific Station Affordable Housing and Transit Center Project includes the demolition (planned for December 2024) of the City-owned Nonprofits Insurance Alliance of California (NIAC) office building at 333 Front St. and the removal an existing 100-kW natural gas generator and automatic transfer switch that was claimed by the Water Department. The goal of the Project is to relocate and repurpose the existing generator and automatic transfer switch from the NIAC building to the Union/Locust Building. Repurposing the existing generator and automatic transfer switch will save the City approximately $55,000 and eliminate the 11-month lead time for acquiring new equipment. Construction for the Project is expected to start December 2024 and will be completed in January of 2025.

Project plans and technical specifications for the Project are now complete and will be posted at the link below until the bidding period begins:
https://www.cityofsantacruz.com/government/city-departments/water/projects-in-yourneighborhood.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The Union/Locust Backup Generator Project is exempt from the California Environmental Quality Act (CEQA) under (1) 14 CCR Section 15301 - Class 1 Categorical Exemption because the Council action is intended to allow a minor alteration of an existing facility, and (2) 14 CCR Section 15303 – Class 3 Categorical Exemption because the Council action is intended allow installation of small new equipment. A Notice of Exemption will be filed by staff following City Council approval.

HEALTH IN ALL POLICIES (HiAP): The Project supports the Water Department’s mission of ensuring the reliability of the public drinking water supply in alignment with the public health pillar of HiAP; however, the Department recognizes the conflict with the City’s Climate Action Plan (CAP) Measure M-1’s long-term goal to decarbonize its municipal buildings fully by 2045.

Sustainable backup power supply options were considered and were found to be infeasible to implement at the Union/Locust Building at this time. Although, this action does not align with the CAP’s Measure Action M1.5 to implement electric-first commitments for building projects, staff is repurposing an existing City-owned generator thereby reducing the City’s waste and saving financial resources, which coincide with HiAP’s sustainability pillar. Staff finds the Project to be the most sustainable option given the current building constraints.

FISCAL IMPACT: The estimated cost of construction is $316,250. Project costs will be shared between the Water Department and the Santa Cruz Public Library per the Implementation Agreement. Cost-sharing of this project will consist of a 60% (Water Department) and 40% (Library) split, which was determined by the total electrical load usage at the Union/Locust

24.2 Building. Funds needed for Fiscal Year 2025 costs are available City of Santa Cruz Water Department’s Capital Investment Program, project c702107.

Prepared By:

Isidro Rivera
Deputy Water Director/
Engineering Manager
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. IMPLEMENTATION AGREEMENT.PDF

24.3 -1-

IMPLEMENTATION AND COST SHARING AGREEMENT

UNION LOCUST EMERGENCY GENERATOR PROJECT

CITY OF SANTA CRUZ AND

SANTA CRUZ PUBLIC LIBRARIES
This implementation agreement entered into on ____________, 2024 by and between the City of Santa Cruz on behalf of the Water Department (“City”) and the Santa Cruz Public Libraries Joint Powers Authority, an entity created by a Joint Powers Agreement between the City of Santa Cruz, the City of Scotts Valley, the City of Capitola, and the County of Santa Cruz, aka Santa Cruz Public Libraries (“SCPL”) . The term "Parties" refers collectively to both (2) parties to this Agreement and a "Party" refers to one of the parties to this Agreement.

BACKGROUND
A. City is a municipal corporation that serves the City of Santa Cruz and adjacent unincorporated and incorporated communities with water services.

B. SCPL is a joint powers authority and public library system that serves the City of Santa Cruz and adjacent unincorporated and incorporated communities within Santa Cruz County limits.

C. City and SCPL share occupancy of the Union Locust building in Santa Cruz, CA.

D. In 2019, the Union Locust building was affected by Pacific Gas & Electric, Co.’s planned Public Safety Power Shutoffs (PSPS). The building lost power for several days and caused major disruptions in the work of staff and normal business functions. This vulnerability was further highlighted during the winter of 2023 when a series of intense storms caused another major outage that impacted staff’s ability to work and conduct normal business activities.

E. City staff pursued an emergency generator that will provide power to the entire Union Locust building during expected and unexpected outages. The Union Locust Emergency Generator project is hereafter referred to as the “Project”.

F. It is in the public interest for the City and SCPL to complete the Project in a cooperative and economical manner.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows:

1. City shall serve as Lead Agency for the “Project”.

24.4 -2-
a) The Parties agree that City shall serve as the agency who is responsible for the design, engineering, permitting and installation and or construction of the Project, which responsibilities may include: solicit proposals and contract for engineering and design work; obtain all permits for the Project; obtain all necessary easements and real property interests to complete the Project; competitively bid the Project (if required); confirm that the contractor who is awarded the Project has provided all required insurance and bonds; award the Project construction; manage the construction, inspection, and oversight of the Project; provide any match contributions in a timely basis; comply with the mitigation measures and permit conditions; manage the change orders and project-related claims; accept the Project when complete; record a Notice of Completion; and provide a full; and complete accounting relating to all expenditures of funds related to the Project. b) City shall carry out, install and construct the Project in accordance with all requirements.

City shall proceed with all reasonable diligence in the completion in accordance with the Project schedule. In the event City wishes to substantially alter the schedule, materials, methods, or deliverables relating to the Project, City shall immediately provide notice to SCPL.

c) When available, City shall provide all plans, designs, specifications, and proposals to SCPL for review and coordination.
d) City or its contractors or subcontractors shall provide all insurance coverage required by the City standard requirements.

2. Project Representatives.
(a) The Parties will each designate a Project Representative to serve as liaison in connection with the performance of the obligations described in this Agreement. Each Project Representative shall have the right, but not the obligation, to oversee the implementation of the Project.
(b) The Project Representatives may, but is not required to, attend and participate in Project meetings and site visits with Project contractors and consultants throughout the implementation of the Project. Notwithstanding the foregoing, each Project Representative shall be entitled to review and approve Project plans and costs.

3. Financial obligations of the Parties. The Parties agree that the City and SCPL shall collectively bear the financial obligation for all Project costs, including costs of planning, other pre-construction and construction-related activities, and installation. The Parties further agree that this financial obligation shall be shared as follows, whether the actual expenses are incurred by SCPL, City or some combination thereof.
(a) The cost share for the City shall be 60%.
(b) The cost share for the SCPL shall be 40%. SCPL shall pay 40% of all expenses

24.5 -3-
incurred to facilitate project upon receipt of invoices for such services. (c) Each Party shall pay their respective portions of costs on an ongoing basis as costs are incurred for the Project.

4. Environmental Review. City has and shall continue to serve as the lead agency for purposes of California Environmental Quality Act (CEQA) documentation regarding the Project, including filing of required notices.

5. Access to Property and Facilities. Each Party agrees to grant permission to the other Party for necessary, reasonable, and noticed access to property and facilities for Project activities, including a power source, and system components within the building.

6. Maintenance, and Monitoring After Installation. City shall own and maintain the Project covering post-construction ownership, operations, maintenance, and management.

7. Termination. Upon the accrual of any costs related to the design, planning, permitting, or construction of the Project, this Agreement may only be upon the mutual, written consent of the Parties.

8. Mutual Indemnification. Each Party ("Indemnifying Party") agrees to defend, indemnify and hold harmless, at its expense, the other Party, its respective officials, directors, officers, employees, and agents ("Indemnified Party") from any claims, demands, losses, damages, costs (including legal defense costs) or liability of any kind or nature (collectively, “Claims”) which the Indemnified Party may sustain or incur or which may be imposed upon it, but only in proportion to and to the extent such Claims result from, arise out of, or in any manner are caused by the negligent or intentional acts or omissions of the Indemnifying Party, its officials, directors, officers, employees, and agents relating to this Agreement. Indemnifying Party further agrees to waive any rights of subrogation against the Indemnified Party.

9. Default. Failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement; provided, however, the Party shall not be deemed to be in default if (i) such Party cures, corrects, or remedies such default within thirty (30) days after receipt of a notice specifying such failure or delay, or (ii) for such defaults that cannot reasonably be cured, corrected, or remedied within thirty (30) days, if such party commences to cure, correct, or remedy such failure or delay within thirty (30) days after receipt of a notice specifying such failure or delay, and diligently prosecutes such cure, correction, or remedy to completion. a. The injured Party shall give written notice of default to the party in default, specifying the default complained of by the injured Party. Except as required to protect against further damages, the injured party may not institute proceedings against the Party in default until thirty (30) days after giving such notice. Except as otherwise expressly provided in this Agreement, any failure or delay in giving such notice or in asserting any of its rights and remedies as to any default shall not constitute a waiver of any default, nor shall it change the time of default, nor shall it deprive either Party of its rights to institute and maintain any

24.6 -4-
actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
b. In addition to any other rights or remedies and subject to the restrictions set forth in this Agreement, either Party may institute an action at law or in equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the State of California, County of Santa Cruz.

10. Compliance with Law; Governing Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California.

11. Amendments to this Agreement. Any amendments to this Agreement must be approved in advance and in writing by all Parties.

12. Assignment. The Parties shall not have the power or right to assign this Agreement or any rights or responsibilities hereunder without obtaining the other Parties' prior written consent.

13. Further Assurances. The Parties agree to provide each other assistance in the form of executed documents, responses, and actions as necessary to complete the Project. Each Party agrees to cooperate in providing information and documents to the other Parties, and shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to complete the transactions contemplated in this Agreement and to carry out the intent and purpose of this Agreement.

14. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

15. Waivers. A waiver or breach of covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act.

16. Interpretation. This Agreement has been negotiated at arm’s length between the Parties hereto. Accordingly, any rule or law (including California Civil Code §1635 et seq.) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted the applicable provision, is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose and intent of the Parties.

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

24.7 -5-
To CITY:

Heidi Luckenbach
Water Director
212 Locust St. Suite A
Santa Cruz, CA 95060
[email protected]
(831) 420-5214
To SCPL:

Eric Howard
Interim Library Director
117 Union Street
Santa Cruz, CA 95060
[email protected]
(831) 427-7706
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

18. Waiver Of Conflict Of Interest. Each Party has considered the conflict of interest and fully understands the possible adverse consequences of the simultaneous representation by the same legal counsel in the preparation of this Agreement. Each Party understands that it has the right to seek the advice of independent legal counsel on its own behalf on the conflict of interest issue and also relating to this Agreement. Each Party hereby agrees to waive the conflict of interest in the continued representation by the same legal counsel of both the City of Santa Cruz and SCPL relating to this Agreement, and further agrees that it does not affect the same legal counsel’s representation of both entities in other matters.

19. 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.

20. 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.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. [SIGNATURES ON FOLLOWING PAGE]

24.8 -6-
Santa Cruz Public Libraries

Eric Howard, Interim Director of Libraries
City of Santa Cruz on behalf of the Water Department

Heidi Luckenbach, Water Director
Approved as to form:

Barbara H. Choi, Legal Counsel for SCPL
Approved as to form:

Alex Geise, Office of the City Attorney

24.9 City Council

AGENDA REPORT
DATE: 10/31/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Water
SUBJECT: Meter Replacement Project (c701603) - Change Order Authorization for Badger Meter, Inc. (WT)
RECOMMENDATION: Motion authorizing the Water Director to approve contract change orders exceeding the limits set forth in Council Policy 29.6 for the purchase of water meters from Badger Meter needed to complete the Meter Replacement Project (c701603).

BACKGROUND: On August 11, 2020, City Council approved the plans and specifications for the Meter Replacement Project (c701603) and authorized a budget appropriation to fund the project. On April 13, 2021, City Council authorized the City Manager to execute an agreement with Badger Meter, Inc. in the amount of $4.9 million for the purchase of water meters, radios, and related services. This contract was executed on October 5, 2021, and was renewed through October 5, 2025.

DISCUSSION: The original contract amount of $4.9 million with Badger Meter, Inc. was an estimated cost based on estimated quantities of supplies and stated that actual quantities of materials would be based on customer need and product availability. At the time the estimate was generated, Badger didn’t have certain products available, so the estimated quantities were based on costs for similar alternative products. As needed quantities were determined, and additional products became available, change orders were executed to cover materials throughout the project.

As a result of changes in product availability, delivery delays, and an increase in material and manufacturing costs over the duration of this project, additional change orders are needed that exceed the limits set forth in Council Policy 29.6 to purchase the remaining large (greater than 2 inches) water meters and finish the Meter Replacement Project. For a Capital Investment Project exceeding $1 million, Council Policy 29.6 requires Council approval for single change orders over $100,000 or when the aggregate amount of change orders exceed 10% of the Council approved amount. It is expected that the total amount purchased from Badger Meter (prior purchases plus new purchases) will not exceed $6 million but will exceed 10% of the original Council approved amount as it will be 22% over the original amount.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The Meter Replacement Project was previously determined to be categorically exempt under CEQA per Section 15302 (c) for replacement or reconstruction of existing utility systems. A Notice of Exemption was filed with the Santa Cruz County Clerk on August 12, 2020.

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

FISCAL IMPACT: Funds are available in the Fiscal Year 2025 Water Department’s Capital Investment Program budget, project c701603 Meter Replacement Project. There is no impact to the general fund.

Prepared By:

Kyle Petersen
Utility Services Manager
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

25.2 City Council

AGENDA REPORT
DATE: 10/31/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Water
SUBJECT: Beltz 12 Upgrades for Aquifer Storage and Recovery Project (c702101) – Approval of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, and Approval of Contract Amendment for Construction Management Services (WT)
RECOMMENDATION: Motion to:
1) Approve plans and specifications for the Beltz 12 Upgrades for Aquifer Storage and Recovery Project (c702101) (Project) and authorize staff to advertise for bids at https://procurement.opengov.com/portal/santacruzca. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; 2) Authorize the Water Director to approve change orders for the Project for amounts that are within the approved project budget;
3) Authorize the City Manager to execute a contract amendment in a form to be approved by the City Attorney with MNS Engineers, Inc. (San Jose, CA) for construction management services for the Project in the amount of $347,317; and
4) Authorize the Water Director to approve future contract amendments for construction management services for the Project that are within the approved project budget.

BACKGROUND: The Water Department has been implementing the supply augmentation recommendations of the Water Supply Advisory Committee (WSAC) since early 2016 and more recently, the ongoing evaluation, selection, and construction of supplemental water supplies as directed by the Securing Our Water Future Policy. The recommended strategy is developed around the goal of delivering long-term water supply security to the City of Santa Cruz water customers. While Water Department staff are studying and testing the feasibility of the plan recommendations, including in-lieu water transfers and exchanges, aquifer storage and recovery (ASR), recycled water, and desalination, ASR has been advanced to the point at which permanent facilities are ready to be designed and constructed at several locations.

ASR is a groundwater replenishment and storage approach where surface water resources are used to “bank” water in an aquifer during times when excess surface water is available for storage and extracted when needed to meet customer demand. The City is looking at the feasibility of ASR in both the Santa Margarita Groundwater Basin (SMGB) underlying the

26.1 Scotts Valley area and the Mid-County Groundwater Basin (MGB) underlying the Live Oak area.

The ASR implementation plan consists of three phases: technical feasibility, pilot testing, and implementation. Work performed at Beltz Well 12 dating back to 2019, supports conversion to a permanent ASR facility.

Previous Council actions to date include:
• February 9, 2016 – City Council authorized an agreement for Phase I of the ASR work plan.
• October 9, 2018 – City Council authorized an agreement for Phase II pilot testing work.

This pilot effort took place in the City’s Beltz 12 water production well. • October 26, 2021 – City Council authorized an agreement for ASR Demonstration Study in the City’s Beltz 12 water production well.
• June 27, 2023 – City Council authorized an award of professional services for Beltz Wells 8 and 12 Aquifer Storage and Recovery Design.
• September 10, 2024 – City Council approved 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.

In February 2022, the Santa Cruz Mid-County Groundwater Agency was awarded $7.6 million in grant funding to support implementation of the Groundwater Sustainability Plan through the California Department of Water Resources (DWR) Sustainable Groundwater Management (SGM) Grant Program. The DWR grant agreement allocated $1.65 million to advance ASR in the MGB through the design and construction of permanent ASR facilities; $650,000 is being allocated to construction.

Construction Management
On March 25, 2017, City Council approved a contract with MNS Engineers, Inc. (San Jose, CA) for on-call construction management services. The intent of creating such a contract was to augment Water Department staff on an as-needed basis to assist with the construction of capital projects. The on-call construction management services contract was designed as a master services contract with a zero-dollar value for specific projects added on an as-needed basis through contract amendments. The master services agreement includes a contract provision to renew the agreement and update the fee schedule on an annual basis. The contract with MNS Engineers was renewed on August 23, 2024 and will remain in force until June 30, 2025. Since 2017, MNS Engineers has provided quality construction management and inspection services on several successful projects for the Water Department.

DISCUSSION: Construction of the Project facility will consist of the demolition and modification of the existing production well facility, installation of downhole control valves and new column piping at the well site, and installation of new yard piping, electrical conduits, and instrumentation. It is expected that the existing Beltz 12 well and treatment plant will remain operable for the duration of construction, except during limited shutdown, and impacts to the City’s water supply will be minimized.

26.2 Project plans and technical specifications for the Project are now complete and will be posted at the link below until the bidding period begins:
https://www.cityofsantacruz.com/government/city-departments/water/projects-in-yourneighborhood.

Construction is anticipated to occur from February 2025 to October 2026.

Construction Management
As the Project enters the construction phase for Beltz 12, staff recommend executing a contract amendment to the existing master services agreement with MNS Engineers to provide preconstruction and construction management support services, including specialty inspections, in the amount of $347,317.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Since certification of the Final Santa Cruz Water Rights Environmental Impact Report, City staff determined that an Addendum to the certified Final EIR was the appropriate environmental documentation for the proposed Project, consistent with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. On September 10, 2024, City Council approved 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.

The Final Environmental Impact Report and Addendum for this project can be found here:

1. Certified Santa Cruz Water Rights Project Final Environmental Impact Report:
https://www.cityofsantacruz.com/Home/Components/BusinessDirectory/BusinessDirectory/126/ 2089

2. Beltz 8 and 12 Aquifer Storage and Recovery Project Addendum:
https://www.cityofsantacruz.com/home/showpublisheddocument/101474 HEALTH IN ALL POLICIES (HiAP): The objectives of the Project align with the City’s HiAP framework, specifically the pillars of sustainability and public health. With respect to sustainability, ASR is an identified mitigation measure in the City’s Local Hazard Mitigation Plan, and the modernization of the Beltz 12 well site for ASR functions will bolster water supplies during periods of drought and emergencies such as wildfire. This Project supports the public health pillar and the Water Department’s mission of diversifying its water supply portfolio to build climate resiliency and ensure the safety and reliability of the public drinking water supply.

FISCAL IMPACT: The Engineer’s cost estimate, including a ten percent contingency, is $2,763,697. Funds are available in the Water Department’s Capital Investment Program budget within project c702101 ASR Mid-County Existing Infrastructure; $1.65 million in reimbursable grant funding is available for this project, from which $650,000 is allocated to construction. The Construction Management contract with MNS Engineers in the amount of $347,317 and the remainder of the construction cost will be funded through the Water Infrastructure Finance and Innovation Act (WIFIA) loan issued by the U.S. Environmental Protection Agency to the City in

26.3 May 2023. The ASR upgrades at Beltz Well 12 are included in the project description for the $128 million WIFIA loan.

Prepared By:

Isidro Rivera
Engineering Manager/Deputy
Water Director
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT PROFESSIONAL SERVICES AGREEMENT FOR MNS ENGINEERS, INC..PDF

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Professional Services Agreement With
MNS ENGINEERS, INC.

For ENGINEERING SERVICES DURING CONSTRUCTION
BELTZ 12 UPGRADES FOR AQUIFER STORAGE AND RECOVERY
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and MNS Engineers, Inc. (“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 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.

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates to the extent that such economic or operational factors may have significantly changed from those relied upon by Consultant in formulating such opinions, analyses, projections or estimates.

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The City shall arrange for access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform services hereunder.

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.

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 $347,317 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.

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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 the City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of the 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. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement.

The Work Schedule for completion of the work shall be as shown upon Exhibit A. In the event that major changes are ordered, the schedule for completion as stated in Exhibit A 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.

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 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.

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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 become effective if Consultant has not cured within the specified time period to the City’s satisfaction.

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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 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.

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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.

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.

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable. . Documents, including drawings and specifications prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by the City or others on any other project.

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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.

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

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more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

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.

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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)].

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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.

To CITY:

City of Santa Cruz Water Department
Heidi Luckenbach, Water Director
212 Locust Street, Suite A
Santa Cruz, CA 95060
[email protected] / (831) 420-5200
To CONSULTANT:

MNS Engineers, Inc.

Joe Pope, Principal Construction Manager
2025 Gateway Place, Suite 328
San Jose, CA 95110
[email protected] / (408) 769-8428
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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27. Third Parties. The services to be performed by Consultant are intended solely for the benefit of the City.

28. Debarment and Suspension.
a. The contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Contractor is required to verify that none of the Contractors, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
b. The Contractor must comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C and must include a requirement to comply with these regulations in any subcontract. c. If it is later determined that the Contractor did not comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its subcontracts.

29. Byrd Anti-Lobbying Amendment and Certification.
a. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. The Contractor certifies to the City and every Subcontractor certifies to the Contractor that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every Subcontractor must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City. Necessary certification and disclosure forms shall be provided by City.

30. 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.

31. 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.

32. State and Federal Requirements. When Funding for the services is provided, in whole or in part, by an agency of the state and/or federal government, Consultant shall also fully and adequately comply with the provisions in Exhibit D.1, Exhibit D.2, and Exhibit D.3 (State and Federal Requirements) attached hereto and incorporated herein by reference (“State and Federal”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]

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Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker
City Manager
CONSULTANT: MNS ENGINEERS, INC.

By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ Technical Review By:

By: _____________________________ Date: __________________ Heidi Luckenbach, Deputy Water Director/ Engineering Manager

WATER DEPARTMENT
By: _____________________________ Date: __________________ Heidi Luckenbach
Water Director

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EXHIBIT A: SCOPE OF WORK

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EXHIBIT B: FEE SCHEDULE

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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.

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• 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.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL 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.

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• 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.

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.

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EXHIBIT D.1
State Grant Requirements

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EXHIBIT D.2
Grant Agreement between the State of California (Department of Water Resources) and Santa Cruz Mid-County Groundwater Agency (Agreement Number 4600014636)

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EXHIBIT D.3
Supplementary Conditions.

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Exhibit D.3
Supplementary Provisions

1. Debarment And Suspension per Federal Executive Order 12549, 51 Fr 6370, February 21, 1986 Consultant certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 40 CFR Part 32 to participate in the Project. Suspension and debarment information can be accessed at http://www.sam.gov. Consultant represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement.

2. Debarment And Suspension per CA State Water Resources Control Board A. Contractor must not allow subcontracting with excluded parties. For any work related to this Agreement, Contractor must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program. The State Water Board’s List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml.

B. The contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Contractor is required to verify that none of the Contractors, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).

C. The Contractor must comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C and must include a requirement to comply with these regulations in any subcontract.

D. If it is later determined that the Contractor did not comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment.

E. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its subcontracts.

F. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions

1. The Contractor certifies, by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared negligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

2. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to the bid.

3. The Contractor also certifies that it and its principals:
a. Have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; b. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 1.07.E.3.a of this certification; and

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c. Have not within a three-year period preceding this bid had one or more public transactions (federal, state or local) terminated for cause or default. Where the Contractor is unable to certify to any of the above, such owner shall attach an explanation to the bid;
d. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment;
e. The Contractor shall incorporate the foregoing requirements in all subcontracts.

3. Equal Employment Opportunity
A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, ancestry, religious creed, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status . The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of the contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. Contractor will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Contractor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance provided; however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or

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Contractor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

H. Contractor, and its subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal.

Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

I. Contractor, and its subcontractors must comply with all applicable federal civil rights regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech. (Executive Order 13798).

4. Consultant Cap
Contracts and subcontracts with firms for services that are awarded using the procurement requirements in Subpart D of 2 CFR Part 200 are not affected by this limitation unless the terms of the contract provide the City with responsibility for the selection, direction and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.10.

The salary rate (excluding overhead) paid to individual consultants retained by Consultant as a subcontractor shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, available at:
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.

This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices).

Information on how to calculate the maximum daily rate and the daily pay limitation is available at the Office Of Personnel Management’s Fact Sheet: How to Compute Rates of Pay and Sheet: Expert and Consultant Pay. Specifically, to determine the maximum daily rate, follow these steps:

1. Divide the Level IV salary by 2087 to determine the hourly rate. Rates must be rounded to the nearest cent, counting one-half cent and over as the next higher cent (e.g., round $18.845 to $18.85).

2. Multiply the hourly rate by 8 hours. The product is the maximum daily rate.

5. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Consultant is prohibited to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Consultant is also prohibited to purchase:

A. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

B. Telecommunications or video surveillance services provided by such entities or using such equipment.

C. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management exclusion list.

6. Lobbying Restrictions

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This Agreement is subject to the anti-lobbying provision as stipulated in the Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

A. By executing this Agreement, the Consultant certifies, to the best of its knowledge and belief, that:

1. No Federal appropriated funds have been or will be paid, by or on behalf of the recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or any employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Consultant shall complete and submit the linked Standard Form -- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The Consultant shall include the language of this certification in any subcontracts exceeding $100,000.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

7. Whistleblower Protections
This Agreement is subject is to whistleblower protections, including the protections established at 41 U.S.C. 4712 providing that an employee of the recipient or a subrecipient may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a covered person or body information that the employee reasonably believes is evidence of gross mismanagement of a Federal grant or subaward, a gross waste of Federal funds, an abuse of authority relating to a Federal grant or subaward, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal grant or subaward. These covered persons or bodies include:

1. A Member of Congress or a representative of a committee of Congress.

2. An Inspector General.

3. The Government Accountability Office.

4. A Federal employee responsible for contract or grant oversight or management at the relevant agency.

5. An authorized official of the Department of Justice or other law enforcement agency.

6. A court or grand jury.

7. A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.

Consistent with 41 U.S.C. 4712(d), the recipient and subrecipients shall inform their employees in writing, in the predominant language of the workforce or organization, of employee whistleblower rights and protections under 41 U.S.C. 4712. Additional information about whistleblower protections, including protections for such employees may be found at the EPA Office of Inspector General’s Whistleblower Protection page.

8. Access to Records
In accordance with 2 CFR 200.337, EPA and the EPA Office of Inspector General (OIG) have the right to access any documents, papers, or other records, including electronic records, of the Consultant which are pertinent to this Agreement in order to make audits, examinations, excerpts, and transcripts. This right of access also includes timely and reasonable access to the recipient and subrecipient’s personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as the records are retained.

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9. Funding Agency Indemnification
To the extent permitted by law, the Consultant shall indemnify, defend, and hold harmless the State Water Resources Control Board and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with: (1) the Work on the Project; (2) the carrying out of any of the transactions contemplated by the Contract Documents; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Consultant for use in any disclosure document utilized in connection with any of the transactions contemplated by the Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons.

The Consultant shall also provide for the defense and indemnification of the Indemnified Parties in any contractual provision extending indemnity to the City, and shall cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the City in any contract or subcontract.

To the fullest extent permitted by law, the Consultant agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of the Agreement.

10. Prohibition Of Trafficking, Commercial Sex Acts, Forced Labor Consultant and its subConsultants and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement.

11. Scientific Integrity Policy
Consultants and its subconsultants must comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.

26.29 ORDINANCE NO. 2024-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RESCINDING ORDINANCE NO. 1440 – AN ORDINANCE ESTABLISHING THE PLANNING COMMISSION, AND AMENDING CHAPTER 18.41.020 – APPOINTMENT OF

BOARD OF BUILDING APPEALS AND LENGTH OF TERM
WHEREAS, on November 3, 1930, the City of Santa Cruz’s City Council adopted uncodified Ordinance No. 1440 establishing the City Planning Commission; later codified, in part, by the City Council on June 30, 1987 Ordinance No. 87-10 as Santa Cruz Municipal Code (“SCMC”) Chapter 2.40.060, providing the Planning Commission with certain powers and duties; WHEREAS, Ordinance No. 1440 stated that “All members of the [Planning] commission shall serve as such without compensation”;
WHEREAS, on November 23, 2010, the City Council adopted Ordinance No. 2010-23, codified in SCMC Chapter 18.41 et seq., establishing the Board of Building Appeals, providing the Board of Building Appeals with certain powers and duties; WHEREAS, SCMC Chapter 18.41.020 states that “Such board [of Building Appeals] shall act voluntarily, and without commission”;
WHEREAS, on August 27, 2024, the City Council voted to approve Council Policy 5.19 for Stipend for Advisory Body Members, as Resolution No. NS-30,375, wherein pursuant to the City’s 2023 Health in All Policies (“HiAP”) workplan, the City Council granted a stipend of $75.00 per public meeting attended for members of certain listed advisory bodies; WHEREAS, the City’s Planning Commission and Board of Building Appeals are the only listed advisory bodies in Council Policy 5.19 who are currently required to serve without compensation;
WHEREAS, the proposed ordinance rescinds uncodified Ordinance No. 1440 as it is either no longer applicable or superseded by the SCMC, thereby removing the prohibition of Planning Commission members from serving without compensation;
WHEREAS, the proposed revision to SCMC Chapter 18.41.020 removes the prohibition of the City’s Board of Building Appeals from receiving commission; and WHEREAS, the proposed ordinance and revisions to SCMC Chapter 18.41.020 are categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as there is no possibility that the proposed ordinance will have an effect on the environment.

27.1 ORDINANCE NO. 2024-19
2 BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Ordinance No. 1440 of the City of Santa Cruz is rescinded.

Section 2. Section 18.41.020 of Chapter 18.41 of the Santa Cruz Municipal Code regarding the Board of Building Appeals’ appointment and length of term is amended to read as follows:

18.41.020 APPOINTMENT OF BOARD AND LENGTH OF TERM.

The board of building and fire appeals shall consist of five regular members. Special members as listed, but not limited to those as specified, in Section 18.41.030 will serve with the regular members at the request of the regular members. The city council shall appoint all members to terms not to exceed four years. Members may be reappointed to additional consecutive terms by said council without limitation. Such board shall act voluntarily.

Section 3. This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly.) Section 4. If any section or portion of this ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the ordinance, which shall continue in full force and effect.

Section 5. This ordinance shall take effect and be in full force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 22nd day of October 2024 by the following vote:

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

NOES: None.

ABSENT: Vice Mayor Golder.

DISQUALIFIED: None.

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

27.2 ORDINANCE NO. 2024-19
3 PASSED FOR FINAL ADOPTION this 19th day of November 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. 2024-19 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

27.3 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:

November 6, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 6th day of November, 2024, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

27.4 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 28th day of October, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-19, 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 28th day of October, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

27.5 City Council

AGENDA REPORT
DATE: 11/14/2024
AGENDA OF: 11/19/2024
DEPARTMENT: Planning and Community Development
SUBJECT: 119 Madrone Street: CP24-0078 (APN 008-222-06) Appeal of the Planning Commission Approval of a Master Use Permit and Special Use Permit to Convert an Existing Brewpub (Woodhouse Brewery) to a HighRisk Alcohol Outlet and to Allow for Expanded Live Entertainment and Events on a Parcel Located in the CT (Thoroughfare Commercial) Zone District. (Environmental Determination: Categorical Exemption) Applicant:

William Moxham (Woodhouse Brewery). Council District: 5. (PL) RECOMMENDATION: Motion to adopt a resolution denying the appeal from Stacey and Guy Mitchell, thereby upholding the Planning Commission’s acknowledgement of the environmental determination (Categorical Exemption Sections 15301, 15303, and 15332) and approval of the Master Use Permit and Special Use Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.” BACKGROUND: This project involves a proposal to allow outdoor entertainment and events at an existing brewpub. In 2017, the City Zoning Administrator (ZA) approved an Administrative Use Permit (AUP) for a beer manufacturing facility (CP17-0033) at the location, and in 2019 the ZA approved an AUP (CP19-0016) to allow the establishment of a low-risk alcohol outlet (restaurant with beer and wine service) with outdoor seating at the brewery. The current AUP allows for 2,660 square feet of the existing building to be utilized as beer manufacturing and storage, while 990 square feet are open to the public for eating and drinking. Associated interior improvements included a kitchen, counter seating areas, and restrooms. The brewpub currently operates under a Type 23 license from the Department of Alcohol Beverage Control (ABC) as serving a “very small brewery with a restaurant.”
In July of 2023, a formal complaint was received by the City regarding operations at the brewery, and a code enforcement case (CE23-0204) was opened for investigation. The complaint involved loud outdoor music coming from the brewery several nights a week. This was due to amplified entertainment occurring on an outdoor stage adjacent to the outdoor seating area as well as occasional planned outdoor events. Two additional complaints were received following the initial complaint.

City staff contacted the brewery owners and determined that the owners would need to obtain a Special Use Permit (SUP) and Master Use Permit (MUP) to allow outdoor entertainment and

28.1 events at the site. This expansion of use would elevate the brewpub from a low-risk alcohol outlet use to a high-risk alcohol outlet pursuant to the Part 12: Alcoholic Beverage Sales section of the Zoning Code and requires approval of a SUP by the City Planning Commission. The business owner applied for an SUP and MUP on July 16, 2024. To support the business operations before they applied for permits and while the permits were being processed, City staff coordinated closely with the Police Department to authorize event permits, which allow for a limited number of larger/outdoor events, and the City authorized smaller, indoor entertainment that is clearly incidental to the permitted uses as a brewery and restaurant.

The SUP and MUP application was processed and brought to hearing in two months’ time. At the September 19, 2024 Planning Commission hearing, twenty-five members of the public spoke in support of the application. No one spoke in opposition. Speakers expressed various comments such as the following:
 Noise will not be an issue, and decibel level will fall as you move further away from the property;
 They have offices at the Sash Mill and do not mind having a community venue like this nearby;
 The use supports the local music scene;
 Woodhouse supports local non-profits and cares for the community;  The business supports diversity in the community, and all people (intergenerational and multi-cultural) feel welcomed there; and
 Project is in a great, central location within walking and biking distance of neighborhoods and the downtown.

The Planning Commission voted 6-0 (Thompson absent) to approve the project.

On September 30, 2024, an appeal of the Planning Commission decision was received from Stacey and Guy Mitchell, who own the adjacent property to the south at 317 Potrero Street. The appeal letter is attached to this report and discussed below.

DISCUSSION: The Planning Commission staff report provides an in-depth analysis of the proposed project and is attached to this report. The appeal letter discusses the grounds of the appeal. This staff report summarizes the issues raised in the appeal letter, followed by responses from staff for each item:

1. Residential Zoning. The appellants assert that the Planning Commission was in error on what the zoning is on their property. Their property is not just commercial. It is C-T Commercial Thoroughfare.

While the subject of the adjacent property’s zoning did not necessarily come up in the Planning Commission discussion, it was acknowledged that the subject property is not in a residential area and is currently surrounded by commercial and industrial uses. The subject property is zoned C-T (Thoroughfare Commercial), as is the appellants’ property at 317 Potrero Street. The appellants’ property currently contains several commercial service uses, including Coffee Beanery & Espresso Machinery, Lighthouse Windows, Samaya’s EcoFlooring, and Santa Cruz CORE Fitness + Rehab. Properties surrounding the subject parcel to the north, west, and south share the C-T zoning, with C-C (Community Commercial)

28.2 zoning located across River Street to the east. R-M (Multi-Family Residential) zoning districts are located to the south of the property, with the closest residential units located approximately 475 feet to the southwest along Potrero Street. The following zoning map shows the surrounding zone districts:

Pursuant to Zoning Code 24.10.900, the purpose of the CT zoned district is “To provide for retail, commercial, service, amusement, and transient-residential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. New development including residential units or uses within the zone shall incorporate uses for active frontage along the site frontage.” Pursuant to Zoning Code Section 24.10.930(a), “Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12” are subject to approval of an Administrative Use Permit on properties located in the CT zone district. In reference to Part 12 of Chapter 24.12, which regulates alcoholic beverage sales, high-risk alcohol outlets require approval of a Special Use Permit by the Planning Commission. As conditioned, the proposed use is a restaurant/brewery with the ancillary sales of beer that is manufactured on the premises, in addition to live entertainment. The use will serve residents, visitors, and transient traffic by providing an eating and drinking establishment that highlights a local business.

Pursuant to Zoning Code Section 24.10.910(8), the C-T zone district does principally permit “Multiple dwellings and condominiums, when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-M District (830).” The appellant’s adjacent parcel would be permitted to redevelop in

28.3 the future with residential units above commercial uses consistent with the stated purpose of the zone district which references “transient-residential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel.” While the Zoning Ordinance does not have a definition for “transient-residential,” the general definition is “the rental of any building or portion thereof for the purpose of providing lodging for compensation for periods of thirty days or less.” That being said, the zoning code clearly states that “multiple dwelling and condominiums, when located either in the same lot or above first floor commercial” are permitted, not limiting residential uses to short term rentals. The C-T zone district purpose also calls for “residential units or uses within the zone shall incorporate uses for active frontage along the site frontage.” Staff’s interpretation of the code is that the C-T zone should be developed predominantly for commercial uses (retail, service, amusement, etc.), while residential is a secondary use to be incorporated above active commercial uses, similar to the downtown Central Business District. So, this area would not be considered a residential area, but rather an active commercial area that allows residential to be included with the commercial uses.

2. Use Determination. The appellants assert that the Planning Commission failed to follow Zoning Code Section 24.10.940 referencing Use Determination.

Section 24.10.940 is a section of Part 10: C-T Thoroughfare Commercial which regulates parcels located in the C-T zone district. The section reads as follows:

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

A ”Use Determination” section is included in each zone district section of the Zoning Code with the purpose of considering uses that are not listed as Principally Permitted Uses or uses listed as requiring an Administrative Use Permit or a Special Use Permit in each zone district.

In this case, the “brewpub” and “eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12” are specifically listed in the CT district section. The entertainment use is only allowed in conjunction with the brewery and eating/drinking establishment use and is still considered as ancillary to the primary, eating/drinking establishment use, as the primary reasoning for the events is to support the eating/drinking establishment use. Therefore, Section 24.10.940 is not applicable.

3. Noise. The appellants assert that the Planning Commission is in error on 24.14.260 Noise. They claim that the Salter Property Line Noise Analysis does not take into account that the ambient noise reduces in the evening to around 45 dB, just as the noise created by the amplified noise onsite is increasing.

A noise study was prepared by Salter Inc. (attached) to verify that events would operate within the limits of the City’s Noise Ordinance. The noise element in the City’s General Plan uses the Community Noise Equivalent (CNEL), or Ldn, to describe the community noise

28.4 environment, which is a 24-hour descriptor that adds artificial noise penalties to quiet time noise events. Therefore, the way in which the City measures noise does take into account increased sensitivities to noise in the evening and at night. The noise consultants visited the site to measure the existing ambient noise levels and to quantify the noise levels from the brewery’s sound system at the preferred operational conditions.

As stated in section 24.14.260 of the zoning ordinance and described in the noise study, the proposed noise constitutes “noise which contains speech, music, or information content” and is further penalized by +5 dBA. The noise study applies this penalty by reducing the noise threshold criterion by 5 dBA at the property line, whereas staff would typically apply +5 dBA to the noise measurement instead; however, either approach results in the same conclusions:
1) the impacts at the north, south, and east property lines are within the permitted range and 2) the noise levels at the west property line exceeded the criterion at the preferred sound system noise level. In order to meet the ordinance criteria, it was determined that the sound system cannot exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7:00 a.m. and 10:00 p.m. within a 24-hour period. This recommended event noise level is 4 dB lower than the measured noise level with the sound system at the brewery’s preferred operating conditions, so the volume of amplified entertainment would be reduced by 4 dB compared to what the applicant stated and exhibited as their preferred noise level. For reference, 3 dB is considered a “just noticeable” difference.

Additionally, no amplified music/speech is allowed between 10:00 p.m. and 7:00 a.m. The study recommends that noise be monitored during events to maintain compliance with the Ordinance and that the stage and sound system be oriented to the north, away from the nearest residences to the southwest. Implementation of the recommendations of the noise study has been included as a condition of approval, including a new condition (#52) that requires random, quarterly monitoring by a third-party consultant for one year.

4. Noise Monitoring System and Schedule. The appellants assert that the Planning Commission is in error by failing to establish a monitoring system and schedule to ensure compliance.

As part of the Planning Commission approval, condition #27 requires the applicant to submit a maintenance and management plan which addresses among other things, noise measures.

Staff recommend amending this condition to clarify that a qualified noise consultant must review and provide recommendations on the proposed management plan to help ensure that the proposed approach meets the requirements of the noise report. With this amended language, the condition reads as follows:

27. Prior to issuance of a building permit, the applicant, in conjunction with the property owner and a qualified noise consultant approved by the City Planning Division, shall submit a maintenance and management plan to address potential nuisance impacts associated with interior/exterior areas adjacent to the tenant space outlining measures to address trash/litter removal, graffiti, landscape maintenance, abandoned vehicles, noise (including specific criteria a) for the business owner to monitor on an ongoing basis and b) to facilitate enforcement), parking management, and loitering, subject to approval by the Zoning Administrator. The management plan shall assign a “Neighbor Liaison” to provide a single point of contact between the establishment, neighbors, and City staff.

28.5 Staff has not received a management plan as of the writing of this staff report, but a plan which includes specific noise monitoring will be required as part of the management plan before any live outdoor entertainment or events can occur. An additional recommended condition (see the new Condition #52 below) would require that a qualified noise consultant evaluate one event for compliance.

In addition to condition #27, the following conditions of approval regarding noise were also included in the Planning Commission’s approval:

18. The use shall meet the standards and shall be developed within limits established by Chapter 24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust, vibration, wastes, fumes, or any public nuisance arising or occurring incidental to its establishment or operation
.

19. The recommendation and conditions specified in the noise study prepared by Salter Inc. dated July 9. 2024 shall be followed at all times in order to meet the requirement of the City Noise Ordinance.

20. The sound system shall not exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7 am to 10 pm within a 24-hour period.

21. No amplified music/speech shall be permitted between 10 pm and 7 am. Noise shall be monitored during events to maintain compliance with the Noise Ordinance.

22. The stage and sound system shall be oriented to the north, away from the nearest residences to the southwest.

23. All uses shall operate in conformance with chapter 9.36 of the Santa Cruz Municipal Code (noise).

These conditions are anticipated to minimize nuisance impacts that could result from the use; however, if the business demonstrates noncompliance with the conditions of approval or otherwise causes substantial impacts to the neighborhood, the City’s Code Compliance Division will require that the business take actions necessary to conform with the Use Permit’s conditions and intent. If issues persist, the Planning Commission reserves the right to revoke or modify the permit at a public hearing.

Through the course of reviewing the appeal, staff determined that conditions that call out specific details regarding noise monitoring as part of the management plan would be appropriate. It is recommended that the City Council add the following condition of approval should the appeal be denied:

52. At the applicant’s cost, a third party noise consultant, approved by the City Planning Division, shall monitor one event at the site within the first year of operation to confirm that the use is meeting the requirements of the Salter Inc. noise study as well as the City Noise Ordinance. The City Planning Division shall approve of the event being monitored to ensure that it is representative of the events likely to create the most noise. If any non-compliance is identified,

28.6 the noise consultant shall identify specific ways in which the applicant can comply with applicable standards.

Staff also recommends an added condition of approval that requires the applicant be responsible for expenses incurred by the City as part of any code enforcement action that may occur should the use violate performance standards:

53. The applicant shall be responsible for any costs incurred as a result of future code compliance investigations, as specified in the City’s adopted fee schedule. Should the City have reason to believe that the applicant is operating outside of the conditions contained herein or inconsistent with the approved management plan, to the extent that such noncompliance necessitates the preparation of a new noise report, the applicant shall be responsible for all costs incurred by the City related to the preparation of the noise studies or monitoring, including but not limited to staff time associated with the acquisition and review of said studies.

Additionally, while building permits are required regardless of a condition specifying as much, staff is recommending an added condition that clearly calls out that a building permit will be required for all interior and exterior improvements that have been completed or are proposed:

54. A building permit shall be required for all interior and exterior improvements and modifications since the last approved tenant improvement. Applicant shall affirmatively confirm with the Building Division any permit requirements and associated requisite improvements needed for the existing conditions on the site and any changes to the site, including but not limited to: the interior configuration of the space, including but not limited to areas currently used for drinking establishment purposes that may exceed the area considered under prior building permits; the stage and associated appurtenances, such as structures for lighting; and the outdoor event areas for the stage and the larger event space on the site.

Finally, while not directly related to the noise monitoring, staff updated the condition of approval related to hours of operation (Condition #12), noting: a) seven-day-per-week operation is allowed (previous condition reflected the current and requested business hours that precluded Monday operation, so this change adds Monday as an allowable operating day); b) business operations are allowed between 7:00 a.m. and 10:00 p.m. (previous condition allowed operations no earlier than 11:00 a.m., per the applicant’s request, but the business website notes an 8:00 a.m. opening on Sundays, so this would authorize that and other earlier opening hours); c) hour limitations do not apply to the manufacturing use (previous condition did not differentiate the manufacturing use and could have unintentionally been interpreted to apply to that part of the business as well); and d) events and outdoor amplified music are limited to 9:00 a.m. to 10:00 p.m. (previous condition did not separately address this component, thus it would have been limited to 11:00 a.m. to 10:00 p.m., per the prior condition’s limitations on business hours).

SUMMARY AND RECOMMENDATION: The project, as conditioned, meets all the required site standards and findings for approval of the Master/Special Use Permit. Therefore, staff recommends that the City Council deny the appeal(s), thus upholding the Planning Commission’s approval of the Master/Special Use Permit for the proposed project based on the findings listed in the Resolution and the revised Conditions of Approval attached as Exhibit “A.”

28.7 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Staff assessed the proposed project for compliance with CEQA and found that the project is categorically exempt from environmental review under CEQA Guidelines Section 15301, 15303 and 15332 which allows for minor modifications to existing facilities that result in negligible or no expansion of the existing use. The proposed project meets these exemptions since it involves minor improvements and changes to the exterior and interior of the existing brewery use. The proposed project could also be found exempt under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, in that the stage area and any interior modifications, such as new restrooms, represent small changes to the existing building and site.

The proposed project could also be found exempt under CEQA Guidelines Section 15332, Infill Development Projects, in that the use is consistent with the zoning and general plan; the site is less than five acres and in an urbanized area; the site has no value for special-status species, as it is fully paved and developed; as conditioned, the use would not result in significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all utilities.

None of the exceptions to the exemptions under Section 15300.2 apply to the project, since the project site is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site in that there are no known historic resources on the property.

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. The proposed use supports all three pillars by supporting a local business which provides a venue to local musicians, artists, and groups to perform and come together as community to support local causes. The proposed live entertainment and outdoor dining area provide locations for residents to recreate, thereby increasing the potential for social interaction amongst community members, positively impacting the mental health and social lives of those who visit the establishment. Additionally, the facility is located in close proximity to bus stops that allow for the use of alternative transportation for customers and employees, and it is centrally located in the City, meaning that it is conveniently accessed by bike. These locational factors increase the sustainability of the use. Therefore, the project is consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.

FISCAL IMPACT: The applicant and appellants have paid fees to compensate for costs associated with staff time processing this application and subsequent appeals. The project will contribute to increased sales tax revenue to the City.

28.8 Prepared By:

Ryan Bane
Senior Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Conditions of Approval

3. Appeal Letter from Stacey and Guy Mitchell, received September 30, 2024

4. September 19, 2024 Planning Commission Staff Report

5. September 19, 2024 Planning Commission Minutes

6. Planning Commission Meeting Public Correspondence

7. Project Plans

8. Operations Narrative

9. Noise Study

28.9 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ACKNOWLEDGING THE CATEGORICAL EXEMPTION AND APPROVING A MASTER

USE PERMIT AND SPECIAL USE PERMIT TO CONVERT AN EXISTING BREWPUB (WOODHOUSE BREWERY) TO A HIGH-RISK ALCOHOL OUTLET AND TO ALLOW

FOR EXPANDED LIVE ENTERTAINMENT AND EVENTS ON A PARCEL LOCATED IN

THE CT (THOROUGHFARE COMMERCIAL) ZONE DISTRICT, THEREBY DENYING AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE THE PROJECT FILED BY STACEY AND GUY MITCHELL (APPLICATION NO. CP24-0078) WHEREAS, On July 16, 2024, William Moxham (Woodhouse Brewery) submitted an application for a Master Use Permit and Special Use Permit to convert an existing brewpub (Woodhouse Brewery) to a high-risk alcohol outlet and to allow for expanded live entertainment and events on a parcel located in the CT (Thoroughfare Commercial) zone district; and WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Title 24, the Zoning Ordinance, and the City of Santa Cruz General Plan ; and
WHEREAS, the project qualifies for a Categorical Exemption in State California Environmental Quality Act (CEQA) Guidelines Section 15301, 15303, and 15332 as articulated below; and
WHEREAS, the Planning Commission conducted a public hearing on September 19, 2024 and, after hearing public testimony, voted 6-0-1 to acknowledge the environmental determination and approve the Master Use Permit and Special Use Permit to convert an existing brewpub (Woodhouse Brewery) to a high-risk alcohol outlet and to allow for expanded live entertainment and events; and
WHEREAS, the Planning Commission’s approval was appealed to the City Council on September 30, 2024 by Stacey and Guy Mitchell; and
WHEREAS, the City Council conducted a duly noticed public hearing on November 19, 2024 to consider the application and appeal; and
WHEREAS, the City Council now makes the following findings:

With Respect to the Environmental Determination
The project is categorically exempt from environmental review under CEQA Guidelines, Section 15301, 15303 and 15332 which allows for minor modifications to existing facilities that result in negligible or no expansion of the existing use. The proposed project meets these exemptions since it involves minor improvements and changes to an existing brewery use. The proposed project could also be found exempt under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, in that the stage area and any interior modifications, such as new restrooms, represent small changes to the existing building and site. The proposed project could also be found exempt under CEQA Guidelines Section 15332, Infill Development Projects, in that the use is consistent with the zoning and general plan; the site is less than five acres and in an urbanized area; the site has no value for special-status species, as it is fully paved and developed; as conditioned, the 28.10 use would not result in significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all utilities.

None of the exceptions to the exemptions under Section 15300.2 apply to the project since the project site is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site in that there are no known historic resources on the property.

FINDINGS
Master/Special Use Permit, Section 24.08.050

1. The proposed structure or use conforms to the requirements and the intent of this title, and of the General Plan, relevant area plans, and the Coastal Land Use Plan, where appropriate;
The parcel is designated as Community Commercial (CM) which “Accommodates businesses that serve the general needs of the community, including retail, service, and office establishments. Typical uses in these areas include restaurants, grocery stores, furniture stores, general merchandise, medical and legal offices, and auto parts stores, as well as mixed-use projects that include these commercial uses on the ground floor.” The proposed use is consistent with the General Plan designation as it falls in the category of a restaurant as well provides a community service by providing a venue for entertainment and community events. The proposed use is consistent with the following policies in the General Plan 2030:
 LU3.3 Develop, maintain, and encourage economically viable neighborhood-serving commercial districts;
 ED1.1.2 Support the development and expansion of businesses that make a balanced contribution to the cultural, environmental, and economic health of the city;  ED1.1.3 Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents;  ED1.7.1 Provide continuing support for cultural events and festivals, especially during the offseason;
 ED1.7.3 Encourage the growth of local performing arts, visual arts retail, artistic co-ops, and historic and cultural events.
 ED2.2.1 Promote the purchase of locally-produced, recycled, and environmentally sound products and packaging;
 ED2.2.3 Support local and environmentally sound vendors;  ED5.1 Nurture activity centers and districts that serve neighborhoods and businesses, provide jobs, and meet local and regional needs;
 ED5.2.2 Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial;
 ED6.3 Foster and retain locally owned businesses and start-ups;  ED6.9.1 Utilize and market the area’s arts and cultural resources as a vital tool for economic development;
 HA2.2.2 Encourage and facilitate performances and events in nontraditional settings;  HA2.2.4 Amend the Zoning Ordinance to encourage and allow the development of arts and cultural facilities in a wide variety of zoning designations;

28.11  HA4.5.1 Encourage individual and corporate philanthropic support of the Arts and culture;  HZ3.1.2 Use site planning and design approaches to minimize noise impacts from new development on surrounding land uses.

The parcel is located in the Commercial Thoroughfare (C-T) zone district, which is a district that is intended to provide for retail, commercial, service, amusement, and transient-residential uses that are appropriate to a thoroughfare location and dependent on thoroughfare travel. The outdoor seating area will be located at the interior of the site and will not be directly adjacent to a public sidewalk. The outdoor seating area will be separated from the adjacent railroad tracks by an existing six foot tall chain link fence. The proposed use is a restaurant and brewery with outdoor seating and live entertainment with the ancillary sales of beer that is manufactured on the premises. The use will serve residents, visitors, and transient traffic by providing a high-end eating and drinking establishment that highlights a local business. The project site is not located within the Coastal Zone or within any specific plan, area plan, or overlay areas.

2. That any additional conditions stipulated as necessary in the public interest have been imposed;
Conditions of approval have been imposed on the project to ensure that the high-risk alcohol outlet operates in a safe manner. The business will provide an eating and drinking establishment with live entertainment in the C-T zone district city to the benefit of surrounding businesses and residents. The Planning and Police Departments have stipulated conditions of project approval to ensure that the high-risk alcohol outlet operates safely. Specific conditions limit the hours of operation to 11:00 am – 10:00 pm, six days per week and require food service to be provided during all hours that alcohol is served.

3. That such use or structure will not constitute a nuisance or be detrimental to the public welfare of the community; and
The establishment of a brewpub with beer and food service and with outdoor seating and live entertainment within an existing building in the C-T zone district will not constitute a nuisance in that the noise associated with the use will not exceed the existing commercial noise levels in the vicinity. The outdoor seating area will be located at the interior of the site and will not be adjacent to residential uses and live entertainment will be regulated per the recommendations of the attached noise study. The business will be required to provide security measures, including exterior lighting and surveillance cameras, and to follow Responsible Beverage Service practices, and will therefore not be detrimental to the public welfare of the community.

Further, if the business should operate outside of their approved scope, code enforcement action will be required to remediate the situation. If the nuisances continue, the Planning Commission may revoke or modify the permit.

4. That all thrift store uses shall include a management plan that identifies collection facilities for donated items, operating hours for donation facilities which discourage unsupervised dropoffs, adequate storage areas for sorting the materials, and provides a plan to properly dispose of unusable items in a timely, secure, and orderly fashion and maintains premises in a clean and attractive condition.

The above finding is not applicable, as the project does not include a thrift store use.

High-risk Alcohol Outlet, Section 24.12.1101

28.12 5. The proposed use complies with all of the requirements of this section and Section

24.12.1102;
The brewpub with live entertainment complies with the requirements of Part 12 of Chapter

24.12 of the Zoning Ordinance (Alcoholic Beverage Sales), which requires a Special Use Permit to be obtained prior to the establishment of a new high-risk alcohol outlet. The Type 23 license type obtained through the ABC allows for the beer manufacturing use as well as on-site beer service, beer sales, and distribution. A project condition requires the conditions of approval of the Special Use Permit to be available on the premises for the public. As required by Section 24.12.1102, conditions of approval have been stipulated requiring exterior lighting to be maintained for patron safety, a public telephone listing for the restaurant, the adoption and implementation of Responsible Beverage Service (RBS) practices, and food service to be available at all hours that the restaurant is open for business.

6. The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in a undue concentration in the area of high-risk establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine; The building is located in the C-T zone district in the vicinity of River Street where there is not a high concentration of beer manufacturing and service uses. The Police Department has reviewed the proposal and supports the service of beer with food service at this location. The business is not anticipated to create any health or safety impacts as the Police Department has stipulated conditions to ensure that the brewpub operates safely and with minimal nuisance impacts. The project’s conditions of approval ensure that the use will not adversely affect the health, safety, or welfare of area residents. After coordination with ABC and the Police Department, planning staff have determined that the proposed alcohol service will not result in a harmful concentration of alcohol serving establishments.

7. The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area; and While there are residential uses in the vicinity, the parcel is surrounded by commercial buildings and heavily traveled roadways which generate noise that will not be exceeded by the use outdoor seating area for eating and drinking. With the proposed outdoor live entertainment, a noise study was prepared by Salter Inc. to verify that events would operate within the limits of the City’s Noise Ordinance. The noise consultants visited the site to measure the existing ambient noise levels and to quantify the noise levels from the brewery’s sound system at the preferred operational conditions. In order to meet the ordinance criteria, it was determined that the sound system cannot exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7 am to 10 pm within a 24-hour period. This recommended event noise level is 4 dB lower than the measured noise level with the sound system at the brewery’s preferred operating conditions. For reference, 3 dB is considered a “just noticeable” difference. Additionally, no amplified music/speech is allowed between 10 pm and 7 am. The study recommends that noise be monitored during events to maintain compliance with the Ordinance and that the stage and sound system should be oriented to the north, away from the nearest residences to the southwest. Operating within these parameters is calculated to increase the DNL at each adjacent property by 1 dB or less to meet the City of Santa Cruz Noise Ordinance criteria. Implementation of the recommendations of the noise study has been included as a condition of approval. As a result, it is not anticipated that the brewpub with live entertainment will generate significant noise or other nuisance impacts on the surrounding area.

28.13 8. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area; and
The proposed brewpub will be located in the C-T zone district adjacent to River Street where there is a mix of light and heavy commercial uses and services. The proposed brewpub will manufacture beer within the building and will provide an indoor brewpub with an outdoor seating area and stage, which is not inconsistent with the surrounding neighborhood character.

Further, the majority of the project’s conditions of approval function as operating standards that minimize potential nuisance impacts to the surrounding properties.

9. The proposed use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police service calls occur.

The Police Department has reviewed the proposal and determined this not to be a high-crime area and supports the service of beer with food service and live entertainment at this location.

The business is not anticipated to create any health or safety impacts as the Police Department has stipulated conditions to ensure that the brewpub with live entertainment operates safely and with minimal nuisance impacts. The project’s conditions of approval ensure that the use will not adversely affect the health, safety, or welfare of area residents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby acknowledges the Categorical Exemption and approves the Master Use Permit and Special Use Permit to convert an existing brewpub (Woodhouse Brewery) to a high-risk alcohol outlet and to allow for expanded live entertainment and events on a parcel located in the CT (Thoroughfare Commercial) zone district, thereby denying the appeal; and subject to the Findings listed above and the Conditions of Approval listed in Exhibit “A,” attached hereto and made a part hereof, thereby denying the appeal.

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley, Mayor
ATTEST:

Bonnie Bush, City Clerk

28.14 CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT 119 Madrone Street – CP24-0078
Master Use Permit and Special Use Permit to convert an existing brewpub (Woodhouse Brewery) to a high-risk alcohol outlet and to allow for expanded live entertainment and events on a parcel located in the CT (Thoroughfare Commercial) zone district. (Environmental Determination: Categorical Exemption)

1. If one or more of the following conditions is not met with respect to all its terms, then this approval may be revoked.

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

3. This permit shall be exercised within three (3) years of the date of final approval or it shall become null and void. When a building permit is required, a zoning permit shall be considered exercised following the issuance of a valid building permit. When only an occupancy permit is required, a zoning permit shall be considered exercised when the occupancy permit is issued.

4. If, upon exercise of this permit, this use is at any time determined by the Planning Commission to be incompatible with the surrounding neighborhood, revocation of, or amendment to, this permit by the Planning Commission could occur.

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

6. All final working drawings shall be submitted to the Zoning Administrator for review and approval in conjunction with building permit application. The plans submitted for building permits shall have the same level of articulation, detailing, and dimensionality as shown in the approved plans. All approved exterior finishes and materials shall be clearly notated on the building permit plans.

7. The development of the site shall be in substantial accordance with the approved plans submitted and on file in the Department of Planning and Community Development of the City of Santa Cruz. All aspects of construction must be completed prior to occupancy. Major modifications to plans or exceptions to completion may be granted only by the City authority which approved the project.

8. All refuse and recycling activities during construction shall be done in accordance with Chapter

6.12 of the Santa Cruz Municipal Code. Be aware that private companies offering refuse or debris box services are not allowed to operate within the City limits, except under certain limited circumstances detailed in Chapter 6.12.160.

9. All requirements of the Building, Fire, Public Works and Water Departments shall be completed prior to occupancy and continuously maintained thereafter.

28.15 10. Prior to occupancy and continuously thereafter, the establishment shall maintain a public telephone listing.

11. New signage is not approved by this permit. New signage, if desired, needs to be approved by the appropriate process with the Planning Department.

12. The hours of operation for the business shall be no earlier than 7:00 a.m. and no later than 10:00 p.m., seven days per week, unless a modification of this permit is approved. These hours do not apply to the brewery manufacturing use. Events and outdoor amplified music shall be limited to 9:00 a.m. to 10:00 p.m. and are subject to other conditions included herein as well.

13. All local, state and federal laws, rules and regulations applying to the sale and consumption of alcohol shall be complied with.

14. Alcoholic beverages shall only be consumed on alcohol-licensed premises under the control of the licensee(s).

15. No alcoholic beverages shall be consumed on any property adjacent to the alcohol licensed premises under the control of the licensee(s). The service and consumption of beer is permitted within the outdoor seating area and incidental community event space only during the operating hours stated above.

16. The outdoor seating area shall be permitted only in conjunction with the establishment which is operating in the associated building and to which the outdoor seating area is appurtenant.

17. The outdoor seating area and all its contents shall at all times be maintained in a clean and attractive condition.

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

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

20. The sound system shall not exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7:00 a.m. to 10:00 p.m. within a 24-hour period. (See also condition #53.)

21. No amplified music/speech shall be permitted between 10:00 p.m. and 7:00 a.m. Noise shall be monitored by the business owner during events to maintain compliance with the Noise Ordinance.

22. The stage and sound system shall be oriented to the north, away from the nearest residences to the southwest.

28.16 23. All uses shall operate in conformance with chapter 9.36 of the Santa Cruz Municipal Code (noise).

24. At all times when the premises is exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within any outdoor patio area(s) on a regular basis, but no less than once every thirty (30) minutes.

25. A sign shall be posted in a conspicuous space at the entrance/exit points of any outdoor patio area(s) onto any public area(s), which shall state, NO ALCOHOLIC BEVERAGES BEYOND THIS POINT. Said sign shall measure no less than seven inches by eleven inches (7 x 11), and contain lettering no less than one (1) inch height.

26. The patio area(s) shall be closed to the public when the business is closed to prevent trespassing and/or criminal behavior.

28. Unless otherwise authorized by the City, all parking spaces and delivery zones shall be continuously maintained on the site in a condition that allows access by customers, vendors, and employees of the use.

29. Prior to building permit final, the applicant shall file a trespass letter with the Santa Cruz Police Department (SCPD) in accordance with Santa Cruz Municipal Code section 9.60.012 providing SCPD the authority to remove trespassers on the premises when closed to the public. This letter must be renewed on a yearly basis.

30. A minimum of fifty-one percent of the monthly gross receipts shall be from the sale of meals, not to include cover or admission charges, or alcoholic beverages sales, during the same period.

The owner/operator may be required to submit certified records or evidence pertaining to the sales of meals and alcoholic beverages to the finance department as part of review of the use permit, upon request by city officials, for the purpose of verifying compliance.

31. A copy of these conditions of approval shall be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

32. Food must be available at all hours that the establishment is open for business; however, the full kitchen need not be open or staffed.

33. Signage prohibiting trespassing shall be posted in a visible location at all common access points to the applicable portions of the property.

28.17 34. An operational and recorded video surveillance system is to be in place on the premises. The system shall provide video surveillance coverage of all common areas where alcoholic beverages are served and consumed, and shall also provide video surveillance coverage of the exterior of the premises, including outdoor patio area(s), parking lot(s), and entry/exit areas. The system must maintain at least twenty one (21) days of recorded video storage which must be made available to law enforcement within twenty four (24) hours when requested.

35. No “happy hour” type of reduced price alcoholic beverage promotions shall occur on the site.

This does not preclude “specials” that include a combination of a meal and a beverage.

36. Management shall be responsible for maintaining their overall premises to be free of litter, which shall include any area adjacent to the premises over which they have control.

37. Any graffiti placed upon the premises shall be removed or painted over within 72 hours.

38. Management shall actively monitor the area under their control in an effort to prevent the loitering of persons on any property adjacent to the premises.

39. Off-sale alcoholic beverages shall be limited to those produced by the brewery and shall not be offered in single containers of less than 20 fluid ounces.

40. Alcohol that is not produced by the manufacturer shall not be made available for purchase at the site.

41. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of the establishment shall remove litter and debris on a daily basis.

42. Deviation from these operating standards may be allowed through modification of this use permit or the approval of a new use permit.

43. Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas.

44. The establishment shall be required to have a public telephone listing and shall control incoming phone calls. A social media site or email address must be available for the public to use.

45. All servers are required to complete and follow the Responsible Beverage Service (RBS) practices and procedures. Employees who serve alcoholic beverages are required to attend and complete L.E.A.D.S. training offered by the Santa Cruz Police Department (or other approved agency).

46. Employees shall be at least twenty-one years of age to sell and serve alcohol.

47. The applicant must bear the cost of modifications or cease operations if, subsequent to the approval of a special use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

28.18 48. A yearly entertainment permit from the police department must be obtained.

49. Security personnel shall be provided on the premises and/or around the perimeter of the property as required by the police department.

50. Security measures such as additional lighting and/or security cameras may be required.

51. The maximum occupancy is limited to the number identified by the fire marshal and may be further limited in the use permit based on land use compatibility issues, parking availability and security personnel.

52. At the applicant’s cost, a third party noise consultant, approved by the City Planning Division, shall monitor one event at the site within the first year of operation to confirm that the use is meeting the requirements of the Salter Inc. noise study as well as the City Noise Ordinance. The Planning Division shall approve of the event being monitored to ensure that it is representative of the events likely to create the most noise.

53. The applicant shall be responsible for any costs incurred as a result of future code compliance investigations, as specified in the City’s adopted fee schedule. Should the City have reason to believe that the applicant is operating outside of the conditions contained herein or inconsistent with the approved management plan, to the extent that such non-compliance necessitates the preparation of a new noise report, the applicant shall also be responsible for all costs incurred by the City related to the preparation of the noise studies or monitoring, including but not limited to staff time associated with the acquisition and review of said studies.

28.19 28.20

28.21 28.22

28.23 28.24

28.25 28.26

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28.39 28.40
P:\_Public\PACKETS\2024\2 - PC\9-19-24\119 Madrone St (CP24-0078)\Madrone St 119 CP24-0078 PC staff report draft.docx

PLANNING COMMISSION

AGENDA REPORT
DATE: September 13, 2024
AGENDA OF: September 19, 2024
ITEM NO: CP24-0078 119 Madrone Street
RECOMMENDATION: That the Planning Commission acknowledge the environmental determination and approve the Master Use Permit and Special Use Permit based on the Findings listed below and the attached Conditions of Approval in Attachment 1.

PROJECT DATA:

Property Owner: Janet Reese APNs: 008-222-06
Applicant: William Moxham (Woodhouse)
Application Type: Master Use Permit and Special Use Permit to convert an existing brewpub (Woodhouse Brewery) to a high-risk alcohol outlet and to allow for expanded live entertainment and events on a parcel located in the CT (Thoroughfare Commercial) zone district.

Zoning: CT (Thoroughfare Commercial)
Project Consistency: Consistent with approval of permits General Plan: CM (Community Commercial)
Project Consistency: Consistent with General Plan designation with approval of permits Land Use: - existing: Brewpub (low-risk alcohol outlet) - proposed: Brewpub with live entertainment and events (high-risk alcohol outlet) - in area: Commercial and Industrial uses
Lot Area: Approximately 1.1 acres
Environmental Review: Categorical Exemption 15301 (Existing Facilities) Planning Staff: Ryan Bane, Senior Planner

28.41 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 2

PROJECT DESCRIPTION & BACKGROUND
The subject parcel is an approximately 1.1-acre site on the southwest corner of River and Madrone Street, just south of the Highway 1 and River Street intersection. The commercial/industrial site contains a number of buildings with a mix of uses, including offices, warehouses, and the subject Woodhouse Brewing operating within a 3,650 square foot commercial building on the west side of the parcel.

In 2017 the City Zoning Administrator (ZA) approved an Administrative Use Permit (AUP) for a beer manufacturing facility (CP17-0033) at the location, and in 2019 the ZA approved an AUP (CP19-0016) to allow the establishment of a low-risk alcohol outlet (restaurant with beer and wine service) with outdoor seating at the brewery. The current AUP allows for 2,660 square feet of the existing building to be utilized as beer manufacturing and storage, while 990 square feet is open to the public for eating and drinking. Associated interior improvements include a kitchen, counter seating areas, and restrooms. The brewpub currently operates under a Type 23 license from the

28.42 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 3
Department of Alcohol Beverage Control (ABC) as serving a “very small brewery with a restaurant”.

In July of 2023 a formal complaint was received by the city regarding operations at the brewery, and a code enforcement case (CE23-0204) was opened for investigation. The complaint involved loud outdoor music coming from the brewery several nights a week. This was due to amplified entertainment occurring on an outdoor stage adjacent to the outdoor seating area as well as occasional planned outdoor events. City staff has been working with the brewery owners to resolve the issue over the past few months, and it was determined that the owners should apply for a Special Use Permit (SUP) and Master Use Permit (MUP) to allow outdoor entertainment and events at the site. This expansion of use would elevate the brewpub from a low-risk alcohol outlet use to a high-risk alcohol outlet pursuant to the Part 12: Alcoholic Beverage Sales section of the Zoning Code and requires approval of a SUP by the City Planning Commission.

ANALYSIS
General Plan Consistency. The parcel is designated as Community Commercial (CM) which “Accommodates businesses that serve the general needs of the community, including retail, service, and office establishments. Typical uses in these areas include restaurants, grocery stores, furniture stores, general merchandise, medical and legal offices, and auto parts stores, as well as mixed-use projects that include these commercial uses on the ground floor.” The proposed use is consistent with the General Plan designation as it falls in the category of a restaurant as well provides a community service by providing a venue for entertainment and community events. The proposed use is consistent with the following policies in the General Plan:
 LU3.3 Develop, maintain, and encourage economically viable neighborhood-serving commercial districts;
 ED1.1.2 Support the development and expansion of businesses that make a balanced contribution to the cultural, environmental, and economic health of the city;  ED1.1.3 Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents;  ED1.7.1 Provide continuing support for cultural events and festivals, especially during the off-season;
 ED1.7.3 Encourage the growth of local performing arts, visual arts retail, artistic co-ops, and historic and cultural events;
 ED2.2.1 Promote the purchase of locally-produced, recycled, and environmentally sound products and packaging;
 ED2.2.3 Support local and environmentally sound vendors;  ED5.1 Nurture activity centers and districts that serve neighborhoods and businesses, provide jobs, and meet local and regional needs;
 ED5.2.2 Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial;
 ED6.3 Foster and retain locally owned businesses and start-ups;

28.43 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 4
 ED6.9.1 Utilize and market the area’s arts and cultural resources as a vital tool for economic development;
 HA2.2.2 Encourage and facilitate performances and events in nontraditional settings;  HA2.2.4 Amend the Zoning Ordinance to encourage and allow the development of arts and cultural facilities in a wide variety of zoning designations;  HA4.5.1 Encourage individual and corporate philanthropic support of the Arts and culture;
 HZ3.1.2 Use site planning and design approaches to minimize noise impacts from new development on surrounding land uses.

CT (Thoroughfare Commercial) Zone District. Pursuant to Zoning Code 24.10.900, the purpose of the CT zone district is “To provide for retail, commercial, service, amusement, and transientresidential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. New development including residential units or uses within the zone shall incorporate uses for active frontage along the site frontage.” Pursuant to Zoning Code Section 24.10.930(a), “Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12.” are subject to approval of an Administrative Use Permit on properties located in the CT zone district.

However, in reference to Part 12 of Chapter 24.12 which regulates alcoholic beverage sales, high-risk alcohol outlets require approval of a Special Use Permit by the Planning Commission.

As conditioned, the proposed use is a restaurant with the ancillary sales of beer that is manufactured on the premises, in addition to non-incidental, outdoor live entertainment. The use will serve residents, visitors, and transient traffic by providing a high-end eating and drinking establishment that highlights a local business.

Master/Special Use Permit. A “high-risk alcohol outlet” is defined as “a retail outlet where alcoholic beverages are sold such as a bar or winebar, tavern, liquor store, convenience store, nightclub, banquet facility, and/or premises where live entertainment and/or dancing occurs, and/or any on-sale or off-sale alcohol outlet which, as part of its regular operating hours, stays open past midnight on one or more days of the week”. As previously mentioned, the brewery is currently operating under an AUP as a “low-risk alcohol outlet”. But with the proposed addition of “live entertainment”, the use would fall into the high-risk alcohol outlet category. “Live entertainment” is defined in the Zoning Code as “music, comedy, readings, dancing, acting or other entertainment performed by one or more persons, whether or not such person or persons are compensated for such performances. This use includes dancing by patrons to live or recorded music.” The applicants are proposing to host a venue for a number of different types of entertainment, including:
 Local Bands – These events would highlight the talents of local bands, fostering the growth of Santa Cruz’s music scene. These events would occur weekly and are free, reinforcing the brewery’s commitment to serving community and promoting local culture.  Local Makers Markets – These regular markets provide a space for local artisans, crafters, and small business owners to showcase and sell their handmade goods. The markets are free to attend, offering the public an opportunity to discover unique, locally-made products while fostering connections with the community.

28.44 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 5
 High School Fundraisers – These events are designed to support local high school programs and initiative by providing a platform for students and their families to engage with the community. They feature a variety of activities, from performances to sales, all aimed at raising funds for school-related needs.
 Charitable Causes – These events focus on supporting various causes by donating proceeds from beer sales to organizations such as those fighting Alzheimer’s, breast cancer, ALS, and more. Each event highlights a different cause, with the aim of raising awareness and contributing to important charitable efforts.
 Cultural Festivals – These festivals celebrate diverse cultures through activities such as performances, art exhibitions, and traditional cuisine. Examples include Mexipino, which highlights the fusion of Mexican and Filipino cultures, and Brazil Day, showcasing Brazilian music, dance, and food.
 Art Shows – These events are dedicated to showcasing the work of local and regional artists, providing a crucial platform for supporting and promoting the local art economy.

By featuring a diverse range of artistic expressions—such as paintings, sculptures, photography, and mixed media—these shows help artists gain visibility and connect with the community. Free to attend, they emphasize the importance of nurturing local talent and fostering a vibrant cultural scene.
 Workshops and Classes – These educational events offer in-depth learning opportunities on a range of topics, including art, literature, and other enriching subjects. Participants can engage in hands-on activities and gain new skills while exploring their interests. Free to attend, these workshops and classes aim to foster personal growth, encourage creativity, and promote community engagement through a shared appreciation of diverse disciplines.  Book Readings and Poetry Readings – These events feature authors and poets presenting their works to the community, providing an opportunity to hear new and established voices in literature. Book readings may include discussions and Q&A sessions with authors, while poetry readings offer a platform for both emerging and seasoned poets to share their craft.

Free to attend, these events are designed to foster a love of literature, promote local talent, and create engaging cultural experiences for all attendees  Comedy Nights – These events feature performances by local and visiting comedians, offering a lively evening of humor and entertainment. Comedy nights provide a platform for comedians to showcase their talent and connect with the community through a shared experience of laughter. Free to attend, these events aim to bring joy and create a vibrant atmosphere, contributing to a fun and inclusive cultural scene.  Holiday Parties – Holiday parties are a festive celebration that brings together the community and some of the most prominent names in the area. With themed decor, seasonal beverages, and interactive activities, these events create a warm and joyful environment. Woodhouse hosts major local brands like Joby Aviation, Fox, Santa Cruz Bicycles, and Patagonia, as well as notable companies such as Yahoo, eBay, and various startups from the San Francisco and Monterey Bay regions. These gatherings offer a chance to enjoy live entertainment, connect with others, and embrace the holiday spirit.  Celebrations of Life – These events honor and commemorate significant life milestones, achievements, or personal stories. They provide a meaningful space for the community to come together and celebrate important moments, whether it’s anniversaries, retirements,

28.45 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 6
personal accomplishments, or other significant events. Free to attend, these celebrations focus on acknowledging and appreciating the impact individuals have made, fostering a sense of community and shared joy.

The applicants have indicated that the frequency of these events will change from week to week, especially seasonally, with most events occurring on weekends. The proposed hours of operation for the brewery are as follows:

Monday - Closed
Tuesday - 1pm to 9pm
Wednesday -1pm to 9pm
Thursday - 1pm to 10pm
Friday - 12pm to 9pm
Saturday - 12pm to 10pm
Sunday - 12pm to 7pm
The event stage borders the 2,000 square foot outdoor seating area, with the former parking lot proposed for incidental community space for events.

The applicant is not required to provide off-street parking for the use because the subject site is within one-half mile of a major transit stop per 24.12.220. That being said, there are approximately 32 parking spaces located on the project site that are shared amongst the various uses.

Additionally, Madrone Street has a number of on-street spaces that are regularly utilized by brewery patrons. Sixteen Class 2 bike parking spaces are proposed in the southeast corner of the former parking lot and will be visible and accessible during community events.

A noise study was prepared by Salter Inc. (attached) to verify that events would operate within the limits of the City’s Noise Ordinance. The noise consultants visited the site to measure the existing ambient noise levels and to quantify the noise levels from the brewery’s sound system at the preferred operational conditions. In order to meet the ordinance criteria, it was determined that the

28.46 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 7
sound system cannot exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7 am to 10 pm within a 24-hour period. This recommended event noise level is 4 dB lower than the measured noise level with the sound system at the brewery’s preferred operating conditions. For reference, 3 dB is considered a “just noticeable” difference. Additionally, no amplified music/speech is allowed between 10 pm and 7 am. The study recommends that noise be monitored during events to maintain compliance with the Ordinance and that the stage and sound system should be oriented to the north, away from the nearest residences to the southwest. Operating within these parameters is calculated to increase the DNL at each adjacent property by 1 dB or less to meet the City of Santa Cruz Noise Ordinance criteria. Implementation of the recommendations of the noise study has been included as a condition of approval.

Potential Impacts. Outdoor entertainment venues have the chance to cause nuisance impacts (i.e. adverse noise, parking, etc.) to the adjacent businesses and residences in the area. For these reasons, planning staff have created a comprehensive set of conditions of approval in order to minimize impacts that could result from the use’s operation. The following list summarizes key points in the conditions:
 The hours of operation for the business shall be no earlier than 11:00 a.m. and no later than 10 p.m., Tuesday through Sunday unless a modification of this permit is approved  No alcoholic beverages shall be consumed on any property adjacent to the alcohol licensed premises under the control of the licensee(s). The service and consumption of beer is permitted within the outdoor seating area and incidental community event space only during the operating hours stated above.
 The recommendation and conditions specified in the noise study prepared by Salter Inc. dated July 9. 2024 shall be followed at all times in order to meet the requirement of the City Noise Ordinance.
 The sound system shall not exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7 am to 10 pm within a 24- hour period.
 No amplified music/speech shall be permitted between 10 pm and 7 am. Noise shall be monitored during events to maintain compliance with the Noise Ordinance.  The stage and sound system shall be oriented to the north, away from the nearest residences to the southwest.

28.47 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 8
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. The proposed use supports all three pillars by supporting a local business which provides a free venue to local musicians, artists, and groups to perform and come together as community to support local causes. The proposed live entertainment and outdoor dining area provide locations for residents to recreate, thereby increasing the potential for social interaction amongst community members, positively impacting the mental health and social lives of those who visit the establishment. Additionally, the facility is located in close proximity to bus stops that allow for the use of alternative transportation for employees. Therefore, the project is consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.

ENVIRONMENTAL REVIEW
Staff assessed the proposed project for compliance with the California Environmental Quality Act (CEQA) and found that the project is categorically exempt from environmental review under CEQA Guidelines, Section 15301, which allows for minor modifications to existing facilities that result in negligible or no expansion of the existing use. The proposed project meets these exemptions since it involves minor improvements and changes to and existing brewery use.

SUMMARY
The project, as conditioned, meets all the required site standards and the findings for approval of the Master/Special Use Permit. Staff is therefore recommending approval based on the Findings listed below and the attached Conditions of Approval.

FINDINGS
Master/Special Use Permit, Section 24.08.050

1. The proposed structure or use conforms to the requirements and the intent of this title, and of the General Plan, relevant area plans, and the Coastal Land Use Plan, where appropriate;

28.48 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 9
The parcel is designated as Community Commercial (CM) which “Accommodates businesses that serve the general needs of the community, including retail, service, and office establishments. Typical uses in these areas include restaurants, grocery stores, furniture stores, general merchandise, medical and legal offices, and auto parts stores, as well as mixed-use projects that include these commercial uses on the ground floor.” The proposed use is consistent with the General Plan designation as it falls in the category of a restaurant as well provides a community service by providing a venue for entertainment and community events.

The proposed use is consistent with the following policies in the General Plan 2030:
 LU3.3 Develop, maintain, and encourage economically viable neighborhood-serving commercial districts;
 ED1.1.2 Support the development and expansion of businesses that make a balanced contribution to the cultural, environmental, and economic health of the city;  ED1.1.3 Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents;  ED1.7.1 Provide continuing support for cultural events and festivals, especially during the offseason;
 ED1.7.3 Encourage the growth of local performing arts, visual arts retail, artistic co-ops, and historic and cultural events.
 ED2.2.1 Promote the purchase of locally-produced, recycled, and environmentally sound products and packaging;
 ED2.2.3 Support local and environmentally sound vendors;  ED5.1 Nurture activity centers and districts that serve neighborhoods and businesses, provide jobs, and meet local and regional needs;
 ED5.2.2 Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial;
 ED6.3 Foster and retain locally owned businesses and start-ups;  ED6.9.1 Utilize and market the area’s arts and cultural resources as a vital tool for economic development;
 HA2.2.2 Encourage and facilitate performances and events in nontraditional settings;  HA2.2.4 Amend the Zoning Ordinance to encourage and allow the development of arts and cultural facilities in a wide variety of zoning designations;  HA4.5.1 Encourage individual and corporate philanthropic support of the Arts and culture;
 HZ3.1.2 Use site planning and design approaches to minimize noise impacts from new development on surrounding land uses.

28.49 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 10
and brewery with outdoor seating and live entertainment with the ancillary sales of beer that is manufactured on the premises. The use will serve residents, visitors, and transient traffic by providing a high-end eating and drinking establishment that highlights a local business.

The project site is not located within the Coastal Zone or within any specific plan, area plan, or overlay areas.

The above finding is not applicable, as the project does not include a thrift store use.

High-risk Alcohol Outlet, Section 24.12.1101

5. The proposed use complies with all of the requirements of this section and Section

24.12.1102;

28.50 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 11
The brewpub with live entertainment complies with the requirements of Part 12 of Chapter

28.51 AGENDA REPORT
PC Meeting of September 19, 2024
SUBJECT: CP24-0078 – 119 Madrone Street
PAGE 12
adjacent property by 1 dB or less to meet the City of Santa Cruz Noise Ordinance criteria.

Implementation of the recommendations of the noise study has been included as a condition of approval. As a result, it is not anticipated that the brewpub with live entertainment will generate significant noise or other nuisance impacts on the surrounding area.

8. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area; and
The proposed brewpub will be located in the C-T zone district adjacent to River Street where there is a mix of light and heavy commercial uses and services. The proposed brewpub will manufacture beer within the building and will provide an indoor brewpub with an outdoor seating area and stage, which is not inconsistent with the surrounding neighborhood character.

Further, the majority of the project’s conditions of approval function as operating standards that minimize potential nuisance impacts to the surrounding properties.

9. The proposed use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police service calls occur.

The Police Department has reviewed the proposal and determined this not to be a high-crime area and supports the service of beer with food service and live entertainment at this location.

Submitted by:

Ryan Bane
Senior Planner
Approved by:

Samantha Haschert
Principal Planner
ATTACHMENTS:
 Conditions of Approval
 Project Plans
 Operations Narrative
 Noise Study
 Public Notice Radius Map

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

PLANNING COMMISSION

MINUTES
Regular Meeting
September 19, 2024
These minutes are set for approval on October 17, 2024. 7:00 P.M. GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, COUNCIL CHAMBERS Call to Order-Chair Conway called the meeting to order at 7:05 p.m.

Roll Call-Commissioners Dann, Gordon, Kennedy, McKelvey, Vice Chair Polhamus, and Chair Conway were present.

Absent: Commissioner Thompson was absent with notification.

Statements of Disqualification-None
Oral Communications-Chair Conway opened Oral Communications for members of the public who wished to speak regarding items not listed on the agenda. The following person(s) spoke:

None.

Approval of Minutes

1. Approve the Minutes of September 5th, 2024.

MOTION: Commissioner Kennedy moved, seconded by Commissioner Dan, to approve the minutes of September 5th, 2024.

ACTION: The motion passed by the following vote:

AYES: Commissioners Dann, Gordon, Kennedy, McKelvey, Polhamus, and Chair Conway.

NOES: None
ABSENT: Commissioner Thompson
Consent Public Hearings

2. 1505 Ocean Street Project Number: CP24-0010 Special Use Permit and Design Permit to Install a New Roof-Mounted Wireless Telecommunications Facility that Exceeds the

28.53 Maximum Height Limit on a Lot in the C-C (Community Commercial) Zone District and on Land Within the Ocean Street Area Plan.

The Public Hearing was opened.

The following members of the public addressed the Commission: None.

The public hearing was closed.

MOTION: Motion made by Commissioner Dann, seconded by Commissioner Kennedy, to acknowledge the Environmental Determination and Approve the Special Use Permit and Design Permit for Placement of a New Roof-Mounted Wireless Telecommunications Facility (Verizon) that Exceeds the Zone District Height Standard Based on the Attached Findings and Conditions of Approval Listed in Exhibit “A” of the Staff Report Dated September 11, 2024.

ACTION: The motion passed by the following vote:

AYES: Commissioners Dann, Gordon, Kennedy, McKelvey, Polhamus, and Conway.

NOES: None
ABSENT: Commissioner Thompson
Public Hearings

3. 119 Madrone Street Project Number: CP24-0078 Master Use Permit and Special Use Permit to Convert an Existing Brewpub (Woodhouse Brewery) to a High-Risk Alcohol Outlet and to Allow for Expanded Live Entertainment and Events on a Parcel Located in the CT (Thoroughfare Commercial) Zone District.

Senior Planner Ryan Bane presented the item to the Commission and answered the Commissioner’s questions. Principal Planner Samantha Haschert also spoke to the Commission.

Chair Conway opened the public hearing. The following members of the public addressed the Commission: Joe Ryan; Bill Fisher; Rachel Smith; Bill Holmes; Emma; Emma; Michael Booth; Dina Slater; Frances Tracy Black; Esther Frances; Nate; Don; Dale; Michelle Murphy; Zack Layton; Treanna Felthouse; Saha Hatib; Varia Trugman; Andrea; Katherine; A. Gordon; Unidentified speaker; Tug; Shawna; Ruben.

The public hearing was closed.

MOTION: Motion made by Commissioner McKelvey, seconded by Commissioner Polhamus, to acknowledge the environmental determination and approve the Master Use Permit and Special Use Permit Based on the Findings listed below and the Conditions of Approval in Attachment 1 of the Staff Report dated September 13, 2024.

ACTION: The motion passed by the following vote:

AYES: Commissioners Dann, Gordon, Kennedy, McKelvey, Polhamus, and Conway.

NOES: None
ABSENT: Commissioner Thompson

28.54 Information Items-Principal Planner Samantha Haschert advised the Commission about the activities of the City Council and of matters scheduled to be heard at future Commission meetings.

Subcommittee/Advisory Body Oral Reports-None.

Adjournment-The meeting adjourned at 8:10 p.m.

28.55 1
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:22 PM
To: Ryan Bane
Subject: FW: Woodhouse Blending & Brewing
From: Chris Erskine <[email protected]>
Sent: Friday, September 20, 2024 2:18 AM
To: City Plan <[email protected]>
Subject: Woodhouse Blending & Brewing
As a long-time Santa Cruz County resident, property owner, and landlord, I urge you to allow Woodhouse to function as an outdoor venue for live music. Our community needs its musicians and artists and they need our support.

James Christopher Erskine
217 Mar Vista Dr.

Aptos

28.56 2
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:22 PM
To: Ryan Bane
Subject: FW: Bring Woodhouse back
-----Original Message-----
From: Chris Mosley <[email protected]>
Sent: Thursday, September 19, 2024 7:17 PM
To: City Plan <[email protected]>
Subject: Bring Woodhouse back
To whom this may concern,
Please bring woodhouse outdoor events back. It is a huge part of this community and deserves to have the right to build and heal the people of Santa Cruz.

Moze
Sent from my iPhone

28.57 3
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:21 PM
To: Ryan Bane
Subject: FW: Woodhouse- electronic petition?
-----Original Message-----
From: Oceanah Munson <[email protected]>
Sent: Thursday, September 19, 2024 6:31 PM
To: City Plan <[email protected]>
Subject: Woodhouse- electronic petition?
Hello,
I am unable to make it to the woodhouse event tonight but would like to be able to support their outdoor entertainment. My name is Oceanah Munson. Is there an electronic petition I can sign please? Thank you,
Oceanah

28.58 4
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:21 PM
To: Ryan Bane
Subject: FW: In support of Woodhouse Blending and Brewing outdoor music -----Original Message-----
From: Daniel Robbins <[email protected]>
Sent: Thursday, September 19, 2024 6:28 PM
To: City Plan <[email protected]>
Subject: In support of Woodhouse Blending and Brewing outdoor music Hello, I just wanted to chime in with a quick note to say I am greatly in support of live music outdoors at Woodhouse. It is a wonderful community space with great food and people and good vibes all around. I have played there dozens of times and never seen any trouble come of it.

As a professional musician, I am grateful to have another Venue in town that pays its musicians fairly (we are still underpaid, generally, but that is another story, and Woodhouse is better than most).

I have lived in Santa Cruz since 1994 and made my living 100% as a musician ever since. It would be really sad to see it get shut down.

Best,
Dan Robbins
831-419-3073
Professor of Jazz Bass, San Jose State University Professor of Jazz Bass, Santa Clara University Instagram: @danrobbinsbass
www.facebook.com/DanRobbinsBass
www.danrobbinsmusic.com
"Any Bass, Any Style"
Sent from Myphone.

28.59 5
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:21 PM
To: Ryan Bane
Subject: FW: Woodhouse outdoor music venue
From: mick adams <[email protected]>
Sent: Thursday, September 19, 2024 6:15 PM
To: City Plan <[email protected]>
Subject: Woodhouse outdoor music venue
This email is in support of Woodhouse Brewing and their desire to have outdoor music. We hope the planning department can find a way to help make this happen and continue to show the support for live entertainment & the arts!
Thankyou!
Mick & Lizzie Adams
1724 48th Avenue
Capitola
CA 95010
831 588 2608

28.60 6
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:21 PM
To: Ryan Bane
Subject: FW: Support for Woodhouse Blending and Brewing Outdoor Entertainment Permit From: Jillon McGreal <[email protected]>
Sent: Thursday, September 19, 2024 4:14 PM
To: City Plan <[email protected]>
Subject: Support for Woodhouse Blending and Brewing Outdoor Entertainment Permit Dear Santa Cruz City Planning Commission,
I hope this message finds you well. I am writing to express my strong support for the outdoor entertainment permit application for Woodhouse Brewing.

Woodhouse Blending and Brewing has become a beloved community hub, fostering connections among residents while promoting local culture and creativity. Their commitment to providing a vibrant atmosphere through live music and events enhances the overall appeal of our city.

Allowing live entertainment will not only benefit Woodhouse Brewing but also contribute positively to the local economy by attracting visitors and supporting local artists. It’s a wonderful opportunity to create a space where community members can gather, enjoy live performances, and celebrate the arts.

Thank you for considering this important permit. I believe that supporting live entertainment and other events at Woodhouse Brewing will enrich our community and make Santa Cruz an even more vibrant place to live and visit.

Best regards,
Jillon McGreal

28.61 7
Ryan Bane
From: City Plan
Sent: Thursday, October 17, 2024 3:21 PM
To: Ryan Bane
Subject: FW: Live entertainment at Woodhouse
From: Iggy S. <[email protected]>
Sent: Thursday, September 19, 2024 5:14 PM
To: City Plan <[email protected]>
Subject: Live entertainment at Woodhouse
Hello,
I would like to express my strong support for the outdoor entertainment permit application for Woodhouse Brewing. Woodhouse has become a beloved community hub, fostering connections among residents while promoting local culture and creativity. Their commitment to providing a vibrant atmosphere through live music and events enhances the overall appeal of our city. It is quite commonplace elsewhere in our state to enjoy live music at breweries and restaurants and I would love to see Santa Cruz welcome that experience as well. Allowing live entertainment will not only benefit Woodhouse but also contribute positively to the local economy by attracting visitors and supporting local artists. It’s a wonderful opportunity to create a space where community members can gather, enjoy live performances, and celebrate the arts.

Thank you for your consideration and I believe that supporting live entertainment and other events at Woodhouse and similar establishments will only help enrich our community and make Santa Cruz an even more vibrant place to live and visit.

Thanks for your time,
Iggy S.

28.62 8
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:33 PM
To: Ryan Bane
Subject: FW: Support for wood house permit
From: Lena W <[email protected]>
Sent: Thursday, September 19, 2024 3:18 PM
To: City Plan <[email protected]>
Subject: Support for wood house permit
Hi,
I'm writing this letter to offer my support to the permitting change for the woodhouse to be an outdoor venue. They have a beautiful space that supports community and they always stop playing music at 10 :00, which I don't think should be a problem for anyone. Plus it's a mixed-use mostly commercial space.

Thanks,
Lena Weisman

28.63 9
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:33 PM
To: Ryan Bane
Subject: FW: Music Permit for Woodhouse Brewery
From: Jonathan Francisco <[email protected]> Sent: Thursday, September 19, 2024 1:47 PM
To: City Plan <[email protected]>
Subject: Music Permit for Woodhouse Brewery
Dear City Planning Team,
Please consider obtaining a music permit for Woodhouse Brewery. It would be great to continue enjoying the space the Woodhouse team has created for people of all ages to gather and share.

Thank you for your time and consideration.
- Jonathan Francisco (Santa Cruz Resident)

28.64 10
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:33 PM
To: Ryan Bane
Subject: FW: Reopen outdoor events at Woodhouse
From: James Lepore <[email protected]>
Sent: Thursday, September 19, 2024 1:15 PM
To: City Plan <[email protected]>
Subject: Reopen outdoor events at Woodhouse
Dear City Council Members,
My wife and I are recent arrivals in Santa Cruz, moving here from Arlington, VA, in 2021. We knew we would love the area, and to our great pleasure we have become enamored of this City's vibrant live music scene. The outdoor stage and seating area at Woodhouse had become our favorite, and we were deeply disappointed when it was recently closed down.

We truly hope a compromise can be reached to re-open this venue. It is a gem. We cannot tell you how many of our out-of-town guests wish their own localities offered such a gathering place to enjoy music and dance out-of-doors. Santa Cruz is a special place and the Woodhouse Brewery--and all of its offerings--is a big part of that.

Sincerely,
James Lepore & Lisa Lierheimer

28.65 11
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:33 PM
To: Ryan Bane
Subject: FW: Woodhouse outdoor events
-----Original Message-----
From: Aharona Shackman <[email protected]>
Sent: Thursday, September 19, 2024 1:10 PM
To: City Plan <[email protected]>
Subject: Woodhouse outdoor events
Hello, I am writing to you in support of Woodhouse Blending and Brewing being allowed to once again have outdoor events. Woodhouse is a crucial community gathering spot that this town had been in need of for years. It is an affordable place to gather and hear music, where all are welcome, a place that celebrates diversity and has been rich in cultural events. Losing the ability to hold outdoor events has been a loss not only to their business but to our whole community. Please allow them to once again use their beautiful outdoor space for events! Thank you,
Susan Shackman
Sent from my iPhone

28.66 12
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:32 PM
To: Ryan Bane
Subject: FW: Woodhouse
-----Original Message-----
From: MargaretJade W <[email protected]>
Sent: Thursday, September 19, 2024 12:59 PM
To: City Plan <[email protected]>
Subject: Woodhouse
Dear City Planning Team,
I cannot make this evening’s meeting, but wanted to write in support for Woodhouse. Kindly consider supporting the option for a music permit at Woodhouse Brewery. Woodhouse is a vibrant, creative and welcoming asset for the community, please help them succeed with the opportunity to provide more musical opportunities for our town. Thank you for your time and consideration.

MJ Wilson (831) 359-2817

28.67 13
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:32 PM
To: Ryan Bane
Subject: FW: Woodhouse music
Mariana Rodriguez
Administrative Assistant
City of Santa Cruz | Planning and Community Development 809 Center Street, Room 101, Santa Cruz, CA 95060
Main: 831-420-5110 | Direct: 831-420-5317
Email: [email protected]
Web: www.cityofsantacruz.com
From: Abbey Wilson <[email protected]>
Sent: Thursday, September 19, 2024 12:35 PM
To: City Plan <[email protected]>
Subject: Woodhouse music
Dear City Planning Team,
Please consider the option for a music permit for Woodhouse Brewery. It would be great to continue to enjoy the space the Woodhouse team has created for all ages to gather and share.

Thank you for your time and consideration.

Sincerely,
Abbey Wilson

28.68 14
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:32 PM
To: Ryan Bane
Subject: FW: Woodhouse Outdoor Music permit - Planning Mtg tonight -----Original Message-----
From: Marsha Hein <[email protected]>
Sent: Thursday, September 19, 2024 12:29 PM
To: City Plan <[email protected]>
Subject: Woodhouse Outdoor Music permit - Planning Mtg tonight I would just like to comment that I think Woodhouse is in a perfect place for outdoor music. It appears to be basically an industrial area so the noise shouldn’t be an issue.

You - the City Council - seem to be set on removing all outdoor venues where there is fun. Music is the life blood of all of us and being able to go and listen and dance and just enjoy the ‘scene’ is of value to our mental health. Being outdoors is a part of that too.

I understand that you have also shut down other venues for too much noise. Ex. Crepe Place restaurant. That music wasn’t even outdoors yet you shut it down.

Our young adult population in particular is being ignored. If they all get fed up and leave because ‘there’s nothing to do here’ what does that mean for Santa Cruz. It will become a stodgy community of wealthy stay at homes and there will be no vitality to our city.

I’m 75 years old and I dearly. miss going to Crepe Place for the music as well as ambience and fun. Now another place is threatened. I also go there on occasion and thoroughly enjoy the music and ‘scene’.

Please keep our music venues open.

Marsha Hein
619 California St.

Santa Cruz, CA

28.69 15
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 3:32 PM
To: Ryan Bane
Subject: FW: Woodhouse Blending and Brewing
-----Original Message-----
From: Daniel Wyatt <[email protected]>
Sent: Thursday, September 19, 2024 12:16 PM
To: City Plan <[email protected]>
Subject: Woodhouse Blending and Brewing
Hello,
I writing on behalf of my support for Woodhouse to obtain the ability to have outdoor music. My wife and 17 month old are regulars along with our group of friends and babies from our baby class. This is the only brewery in town willing to accommodate us in a safe and welcoming manner. This is our favorite meet up spot since it is very child friendly and a great way for us to socialize and relax. Please allow them to have outdoor music again since it would only make this environment more welcoming and fun!
Thanks,
Daniel Wyatt

28.70 16
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:59 AM
To: Ryan Bane
Subject: FW: Music at wood house
-----Original Message-----
From: Connie <[email protected]>
Sent: Thursday, September 19, 2024 11:11 AM
To: City Plan <[email protected]>
Subject: Music at wood house
Dear Santa Cruz City Planners,
We strongly support having music at Woodhouse brewery. We have enjoyed many dance events as well as music venues , and believe that it will benefit our community. Please support this cause.

Sincerely
Connie and Tom Wilson
Sent from my iPho

28.71 17
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:59 AM
To: Ryan Bane
Subject: FW: Support for Woodhouse Music Permit
From: Shawn Orgel-Olson <[email protected]>
Sent: Thursday, September 19, 2024 10:07 AM
To: City Plan <[email protected]>
Subject: Support for Woodhouse Music Permit
Dear Commissioners,
I strongly support the approval of Woodhouse's request for an outdoor music permit. We need more spaces for live music in Santa Cruz and Woodhouse has a an excellent location surrounded by primarily industrial and commercial buildings.

Their events have made being a Santa Cruz resident better and are an economic driver for nearby businesses as well. Vote to approve, please.

Shawn Orgel-Olson
City Resident

28.72 18
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:58 AM
To: Ryan Bane
Subject: FW: LIVE MUSIC AT WOODHOUSE
-----Original Message-----
From: Gianni Staiano <[email protected]>
Sent: Thursday, September 19, 2024 9:44 AM
To: City Plan <[email protected]>
Subject: LIVE MUSIC AT WOODHOUSE
I am writing in support of having live music at WOODHOUSE BLENDING AND BREWING.

Woodhouse is one of the few venues left in Santa Cruz. We need to support them if we are to retain our musical culture here in Santa Cruz. They are uniquely set up to offer the community a space where we can share and enjoy art, music, food and everything good about life. To lose that is a tragedy.

When I moved to Santa Cruz 20 years ago the town was vibrant with art and music. It has been depressing watching that slowly fade due to policies enacted by the city council and sheriff's department that have effectively hobbled the ability of places like Woodhouse to provide a space for musicians to express themselves and the community to enjoy it.

Please allow them to provide this integral service to our community that enriches our lives so much.

Thank you
Gianni Staiano
611 California St
Santa Cruz, CA 95060

28.73 19
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:58 AM
To: Ryan Bane
Subject: FW: Woodhouse brewery
-----Original Message-----
From: ayelet harari <[email protected]>
Sent: Thursday, September 19, 2024 8:11 AM
To: City Plan <[email protected]>
Subject: Woodhouse brewery
Good morning,
My name is ayelet ,
I would like to support my friends who works so hard to build there beautiful business Woodhouse brewery, the all idea behind it is to bring the community together with fine beer , good food , and to complete that with music, supporting artists in our community, it’s fun , it’s energetic and we love to go there and enjoy all the above meeting friends and making new friends, music is a big part of the all ambiance and we really hope we can keep doing it.

Please let us dance and enjoy the beautiful brewery.

Thank you
Ayelet.

28.74 20
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:58 AM
To: Ryan Bane
Subject: FW: Let live music live.

From: Eli Macias <[email protected]>
Sent: Thursday, September 19, 2024 12:25 AM
To: City Plan <[email protected]>
Subject: Let live music live.

Put simply, this is not atherton. What makes Santa Cruz Santa Cruz is that it is lively, vivacious, strikingly beautiful and full of character. Please let this so important spirit of the city live on by allowing live music to live on at woodhouse and anywhere else that will have it.

Thank you for your consideration,
Elias Macias

28.75 21
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:57 AM
To: Ryan Bane
Subject: FW: Support for Woodhouse Permits
From: THEODORA KERRY <[email protected]>
Sent: Thursday, September 19, 2024 12:17 AM
To: City Plan <[email protected]>
Subject: Re: Support for Woodhouse Permits
As an 'elder' patron of Woodhouse Brewery for several years, including during the pandemic, when they could open, I appreciated being able to safely gather w/ others for an evening of music in an outdoor environment where, even during a crowded show, I could always find space to listen and even dance w/out getting too close to others. For this reason, I welcome the several new outdoor musical venues in our city as one of the silver linings of the pandemic, and I urge you to let Woodhouse Brewery once again offer our community their outdoor space for both musical concerts and community gatherings by approving both their Master Use Permit and their Special Use Permit.

They have proven themselves to be responsible stewards of this property and can be counted on to follow the conditions that they and the City have agreed upon.

Theodora Kerry - 45 year resident of the City of Santa Cruz 150 Canfield Ave. #2

28.76 22
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:57 AM
To: Ryan Bane
Subject: FW: Woodhouse Live Music
From: Ricardo Anzaldo <[email protected]>
Sent: Wednesday, September 18, 2024 10:08 PM
To: City Plan <[email protected]>
Subject: Woodhouse Live Music
Greetings,
I am a local educator and professional musician. I am emailing because I worry that the City of Santa Cruz in shutting down live outdoor music and events at Woodhouse sends a message to community members such as myself that professional musicians and arts educators are not a priority of the city.

Rent in Santa Cruz is very expensive and I’d like to believe it’s expensive not because of the quality of the apartment, most of which have not been updated for a long time, but because of what the town has to offer. This goes beyond the natural beauty of our wonderful city, a city that I’ve called home for over 2 decades. Please do right by the community members who entertain and educate in this community by allowing for this performing space, one of few in the city that also prioritizes BIPOC artists. With more performing spaces like Woodhouse, we allow for ability for more diverse performances and opportunities for artists, allowing for a thriving arts community, not one shut down due to a couple complaints. We are city residents too.

Sincerely,
Ricardo Anzaldo

28.77 23
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:56 AM
To: Ryan Bane
Subject: FW: September 19 Public Hearing
From: Jorge Contreras <[email protected]>
Sent: Wednesday, September 18, 2024 9:28 PM
To: City Plan <[email protected]>
Subject: September 19 Public Hearing
To Whom It May Concern,
Because I cannot be present for the hearing regarding the termination of outdoor entertainment at Woodhouse, I would like to let you know that that action was a disservice to the community.

Woodhouse provides a positive space for more than just entertainment. They have been a space for cultural exchange and enrichment, something that should always be encouraged, not shut down.

Thank you for your consideration,
Jorge Contreras

28.78 24
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:55 AM
To: Ryan Bane
Subject: FW: Public comments - Application CP24-0078
-----Original Message-----
From: Matthew Shmigelsky <[email protected]>
Sent: Wednesday, September 18, 2024 8:50 PM
To: City Plan <[email protected]>
Subject: Public comments - Application CP24-0078
City of Santa Cruz staff and council:

I am writing in support of the applicant, William Moxham, of Woodhouse Brewing in the application for an updated permit.

Local small business is the lifeblood of any and every community. Woodhouse is the culmination of a committed group of locals to provide an establishment that is inclusive, vibrant, creative and fun for the community. William is a creative, an artist, businessman, and musician that seeks to bring music, spoken word, poetry and more together simply to form community. A space to enjoy music as a creative and healing outlet is URGENTLY needed in the current divisive state of society. I urge the staff and council to approve this application.

Thank you for your attention,
Matthew
Matthew Shmigelsky
Owner/Founder Arcos Energy
[email protected]
970.710.9080

28.79 25
Ryan Bane
From: City Plan
Sent: Thursday, September 19, 2024 11:55 AM
To: Ryan Bane
Subject: FW: Public comments - Application CP24-0078
-----Original Message-----
From: Matthew Shmigelsky <[email protected]>
Sent: Wednesday, September 18, 2024 8:49 PM
To: City Plan <[email protected]>
Subject: Public comments - Application CP24-0078
City of Santa Cruz staff and council:

I am writing in support of the applicant, William Moxham, of Woodhouse Brewing in the application for an updated permit.

Thank you for your attention,
Matthew
Matthew Shmigelsky
Owner/Founder Arcos Energy
[email protected]
970.710.9080

28.80 26
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 5:44 PM
To: Ryan Bane
Subject: FW: Woodhouse Brewery Event Permit
From: Tom Kerr <[email protected]>
Sent: Tuesday, September 17, 2024 5:27 PM
To: City Plan <[email protected]>
Subject: Woodhouse Brewery Event Permit
Dear Planning Commission,
I am a Santa Cruz resident and homeowner, and I'm writing this email in support of Woodhouse Brewery's efforts to obtain a permit to re-open their outdoor events space.

Woodhouse's outdoor space was a thriving community space that brought joy to many members of our community of all ages. The space provides a critical place for our community to gather for music events, as well as other gatherings of various types. Since Woodhouse's outdoor space closed, we've found no alternatives that meet the unique character of Woodhouse. This has been a loss for my family and friends, and for Santa Cruz as a whole.

Woodhouse is situated in an area with few residential neighbors, and in any case, all events stop at a reasonable time. Please issue a permit for Woodhouse, and let's bring back this important community space.

Thank you,
Tom Kerr (Westside resident).

28.81 27
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 5:44 PM
To: Ryan Bane
Subject: FW: In support of Woodhouse cultural events
Viviane Pearson
Principal Management Analyst
City of Santa Cruz | Planning and Community Development 809 Center Street, Room 101, Santa Cruz, CA 95060
Main: 831-420-5110 | Direct: 831-420-5245
Email: [email protected]
Web: www.cityofsantacruz.com
From: Diego Graglia <[email protected]>
Sent: Wednesday, September 11, 2024 8:40 AM
To: City Plan <[email protected]>
Subject: In support of Woodhouse cultural events
Woodhouse Brewery has not just brought high-quality entertainment to the Santa Cruz community. It’s created a hub for cultural enrichment and diversity. The emergence of a space like this should be encouraged and supported by city authorities—rather than impeded and banished. I hope that this permit is approved and Santa Cruz residents can go back to this beautiful space to enjoy time with one another, enjoy music and dancing, and enjoy cultural forms that they might not be exposed to elsewhere.

Thanks.

Diego Graglia
elvalledelostercos.com

28.82 28
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 5:44 PM
To: Ryan Bane
Subject: FW: in SUPPORT of business known as Woodhouse Brews Viviane Pearson
Principal Management Analyst
City of Santa Cruz | Planning and Community Development 809 Center Street, Room 101, Santa Cruz, CA 95060
Main: 831-420-5110 | Direct: 831-420-5245
Email: [email protected]
Web: www.cityofsantacruz.com
From: orly laluz <[email protected]>
Sent: Tuesday, September 17, 2024 6:47 AM
To: City Plan <[email protected]>
Subject: in SUPPORT of business known as Woodhouse Brews Long time mature resident of S.Cruz offering a comment of COMPLETE support for the owners and operators of Woodhouse Brews on Madrone St.

28.83 29
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 5:44 PM
To: Ryan Bane
Subject: FW: Woodhouse Brewery Event Permit
Viviane Pearson
Principal Management Analyst
City of Santa Cruz | Planning and Community Development 809 Center Street, Room 101, Santa Cruz, CA 95060
Main: 831-420-5110 | Direct: 831-420-5245
Email: [email protected]
Web: www.cityofsantacruz.com
From: Tom Kerr <[email protected]>
Sent: Tuesday, September 17, 2024 5:27 PM
To: City Plan <[email protected]>
Subject: Woodhouse Brewery Event Permit
Dear Planning Commission,
I am a Santa Cruz resident and homeowner, and I'm writing this email in support of Woodhouse Brewery's efforts to obtain a permit to re-open their outdoor events space.

Thank you,
Tom Kerr (Westside resident).

28.84 30
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 5:39 PM
To: Ryan Bane
Subject: FW: yes to outdoor events at Woodhouse
Mariana Rodriguez
Administrative Assistant
City of Santa Cruz | Planning and Community Development 809 Center Street, Room 101, Santa Cruz, CA 95060
Main: 831-420-5110 | Direct: 831-420-5317
Email: [email protected]
Web: www.cityofsantacruz.com
From: Marie Beaugureau <[email protected]>
Sent: Wednesday, September 18, 2024 9:31 AM
To: City Plan <[email protected]>
Subject: yes to outdoor events at Woodhouse
Hi,
I'd like to voice my support for the outdoor events at Woodhouse. I have really enjoyed supporting local events at this location. I feel that Woodhouse helps fill a need in Santa Cruz--more live events! Thanks,
Marie

28.85 31
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 5:38 PM
To: Ryan Bane
Subject: FW: Woodhouse Brews
From: Jaxontherun <[email protected]>
Sent: Wednesday, September 18, 2024 9:42 AM
To: City Plan <[email protected]>
Subject: Woodhouse Brews
Hello I am writing this email as a resident and contributing member of Santa Cruz county, Woodhouse brews is providing a place for live music that your city does not provide in many other places It is a shame to see the very essence of Santa Cruz being continuously targeted and shut down.

If your goal is to turn Santa Cruz into a culture lacking corporate runoff beach town, congratulations you’re doing great with that.
respect our local businesses and allow Woodhouse brews on 119 madrone st to operate in peace.

That is my request as a taxpayer

28.86 32
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 9:26 AM
To: Ryan Bane
Cc: Mariana Rodriguez
Subject: FW: Please Bring Back Outdoor Music and Events Back to Woodhouse From: Eric Wulff <[email protected]>
Sent: Tuesday, September 17, 2024 7:28 PM
To: City Plan <[email protected]>
Subject: Please Bring Back Outdoor Music and Events Back to Woodhouse Oh my goodness, this is one of the best places in the city to socialize, eat good food, have a beer, and listen to good local music. Why in the world was that ever stopped. They don't even stay open that late. I have a 7 year old daughter and we love a weekend evening there. What is up? Let's have some fun and support local businesses and local artists please!
Thank you for listening!
Eric

28.87 33
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 9:26 AM
To: Ryan Bane
Cc: Mariana Rodriguez
Subject: FW: in SUPPORT of business known as Woodhouse Brews From: orly laluz <[email protected]>
Sent: Tuesday, September 17, 2024 8:09 PM
To: City Plan <[email protected]>
Subject: Fw: in SUPPORT of business known as Woodhouse Brews ----- Forwarded Message -----
From: orly laluz <[email protected]>
To: [email protected] <[email protected]> Sent: Tuesday, September 17, 2024 at 06:46:38 AM PDT
Subject: in SUPPORT of business known as Woodhouse Brews Long time mature resident of S.Cruz offering a comment of COMPLETE support for the owners and operators of Woodhouse Brews on Madrone St.

28.88 34
Ryan Bane
From: City Plan
Sent: Wednesday, September 18, 2024 9:26 AM
To: Ryan Bane
Cc: Mariana Rodriguez
Subject: FW: Support for woodhouse brewery
-----Original Message-----
From: Claire Palazzo <[email protected]>
Sent: Tuesday, September 17, 2024 8:26 PM
To: City Plan <[email protected]>
Subject: Support for woodhouse brewery
To whom it concerns,
As a resident who has lived her as an adult since 1998, I give my support to Woodhouse Brewery for their upcoming public hearing with the planning commission application CP24-0078 this coming Thursday. Over the years, Santa Cruz city has made it increasingly difficult for adults to go out and enjoy themselves in safe environments. The owners of Woodhouse built a very special, beautiful and fun place to do just this. I, along with many others, enjoy being outside while doing this and since the covid pandemic I am more comfortable with outdoor scenarios. Their outside entertainment is a net positive for our community, providing a safe and clean venue for both individuals and full families. They have brought a viable business to an area of town that needs it and have kept their impact very low. They close at 10pm and haven’t had any noise complaints. Please consider their reasonable requests and hear the voices of our community in this endeavor.

Thank you
Claire Palazzo

28.89 35
Ryan Bane
From: City Plan
Sent: Tuesday, September 10, 2024 3:10 PM
To: Ryan Bane
Subject: FW: Woodhouse Brewery: A Cornerstone of Local Community From: Shannon McGuire <[email protected]>
Sent: Friday, September 6, 2024 7:53 PM
To: City Plan <[email protected]>
Subject: Woodhouse Brewery: A Cornerstone of Local Community To Whom It May Concern,
I am writing to express my support for allowing Woodhouse Brewery to host outdoor music events. I believe this initiative is beneficial not only to the brewery, but really to the Santa Cruz community as a whole. Woodhouse Brewery has established itself as a cornerstone of our local culture, offering a welcoming space for residents and visitors alike to enjoy craft beer and community events. However it goes so much further than that…
I have never felt Santa Cruz local community like I have at Woodhouse. Community that already existed, but Woodhouse provided a home to. When attending events at Woodhouse, I would regularly run into just about everyone I know whether it be my coworkers, nieces + nephews, friends from all different groups, my cousins, even my friend’s parents and grandparents. It provided me with somewhere safe, to express myself and strengthen bonds. Woodhouse has always been respectful and keeps their events community oriented, ending no later than 10pm.
- These events offer a platform for local musicians and artists, fostering a thriving cultural scene in Santa Cruz. They also provide an opportunity for residents to gather and connect, strengthening community bonds.
- Such events boost the local economy by attracting visitors to the brewery and surrounding businesses.

This increased foot traffic can lead to higher sales for local restaurants, shops, and other establishments.
- Music is a vital part of cultural expression. Allowing Woodhouse Brewery to host these events supports a diverse range of musical genres and artists, enriching the cultural fabric of our city.

4.Eventz like these contribute to the overall quality of life in Santa Cruz, offering enjoyable experiences that enhance the vibrancy and appeal of our community.

I understand that outdoor events require careful consideration to balance community interests, and I am confident that with appropriate regulations and planning, Woodhouse Brewery can host these events in a manner that respects the neighborhood and contributes positively to the city.

28.90 36
Thank you for considering this proposal. I urge you to support Woodhouse Brewery’s request to host outdoor music events and to help foster a lively and engaging community space in Santa Cruz.

Sincerely,
Shannon McGuire

28.91 37
Ryan Bane
From: City Plan
Sent: Tuesday, September 10, 2024 3:08 PM
To: Ryan Bane
Subject: FW: Woodhouse brewing outdoor entertainment
From: JIM SANDERS <[email protected]>
Sent: Tuesday, September 10, 2024 11:27 AM
To: City Plan <[email protected]>
Subject: Woodhouse brewing outdoor entertainment
Hello
As a regular customer of Woodhouse Brewing, I am greatly in favor of allowing outdoor entertainment at the facility. Over the years they have offered quality entertainment for the community and done so in a thoughtful and professional manner. They are always "community first " in their approach and are thoughtful of the surrounding community. They play at lower volume and end at a reasonable hour so this should not be an issue since the proximity to housing is far enough to not be a problem. Please allow these shows to continue.

Jim Sanders
(408) 671-4317
Sent From My Brain

28.92 (NEW) PROPOSED SITE
(OUTDOOR AREA)
Diag. A
Diag. E
Diag. C Diag. B
Diag. D

BIKE PARKING
16 X CLASS 2
(Squared “U” Racks On Rails - 8 Bike Capacity
2 x Model U200-8-P)
(NEW) PROPOSED SITE
(2000 SF)

SEE PROVIDED DOC

FOR DETAILS
0 WOODHOUSE RENTAL
0 18
0 INCEDENTAL COMMUNITY
SPACE
•
William Moxham
816-719-8526
[email protected]
Per information from the planning department on several occasions and per SEC. 2. (Section 65863.2 is added to the Government Code reading:
65863.2. (a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.

Per information from the planning department on several occasions and per SEC. 2. (Section 65863.2 is added to the Government Code reading:
65863.2. (a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.

PROPOSED SITE
2000 SF

SEE PROVIDED DOC

FOR DETAILS

SEE PROVIDED DOCS

FOR DETAILS

PROPOSED SITE
2000 SF

SEE PROVIDED DOC

FOR DETAILS

SEE PROVIDED DOC

FOR DETAILS
STAGE
STAGE
(NO CHANGES -

FROM ORIGINAL)
(NO CHANGES -

FROM ORIGINAL)
12’
6’
No changes to egress or ADA parking will occur
or be necessary per Section 65863.2

SEE PROVIDED DOCS

FOR DETAILS

28.93 Woodhouse Blending & Brewing — Response to City Planning Commission, Building Department, and the Santa Cruz Police Department Inquiries:

Operations Narrative
○ Hours of Operation: Woodhouse is open Tuesday through Sunday no later than 10pm.
i. Monday - Closed
ii. Tuesday - 1pm to 9pm
iii. Wednesday - 1 to 9pm
iv. Thursday - 1 to 10pm
v. Friday - 12pm to 9pm
vi. Saturday - 12pm to 10pm
vii. Sunday - 12pm to 7pm
○ Number of Employees: Woodhouse has 7 Employees.
○ Parking/Bike Parking Summary (also addressed in detail below on page) Per Section 65863.2 we will be providing an adequate number of bike parking—both class 1 and class 2 types. See diagrams A and B and also the description addressing the parking concerns in the bicycle comments below, starting on page 9.

Woodhouse will also NOT be changing anything concerning the approved ADA parking and egress. No building review is necessary considering NO changes are being made to the egress or ADA parking, and we are not building anything at all. See Diagram E
○ Description of Live Entertainment:

Local Bands: Supporting the Local Music Economy
These events highlight the talents of local bands, fostering the growth of Santa Cruz's music scene. By offering a consistent platform for artists and musicians to speak, and perform, we support the local music economy and provide a space for the community to engage with live music. These events occur weekly and are free, reinforcing our commitment to serving the community and promoting local culture. We also currently participate in First Fridays, and intend on committing to every single First Friday from 2025 and on. 1 28.94
Local Makers Markets
These regular markets provide a space for local artisans, crafters, and small business owners to showcase and sell their handmade goods. Supporting the creative economy of Santa Cruz, the markets are a community-oriented event that celebrates craftsmanship and entrepreneurship.

The markets are free to attend, offering the public an opportunity to discover unique, locally-made products while fostering connections within the community.

High School Fundraisers
These events are designed to support local high school programs and initiatives by providing a platform for students and their families to engage with the community. They feature a variety of activities, from performances to sales, all aimed at raising funds for school-related needs. Free to attend, these fundraisers encourage community participation and help bolster educational and extracurricular opportunities for local students.

Cultural Festivals
These festivals celebrate diverse cultures through activities such as performances, art exhibitions, and traditional cuisine. Examples include Mexipino, which highlights the fusion of Mexican and Filipino cultures, and Brazil Day, showcasing Brazilian music, dance, and food.

Free to attend, these events aim to foster cultural understanding and inclusivity while offering a vibrant and educational experience for the community.

Art Shows
These events are dedicated to showcasing the work of local and regional artists, providing a crucial platform for supporting and promoting the local art economy. By featuring a diverse range of artistic expressions—such as paintings, sculptures, photography, and mixed media—these shows help artists gain visibility and connect with the community. Free to attend, they emphasize the importance of nurturing local talent and fostering a vibrant cultural scene. 2 28.95
Workshops and Classes
These educational events offer in-depth learning opportunities on a range of topics, including art, literature, and other enriching subjects. Participants can engage in hands-on activities and gain new skills while exploring their interests. Free to attend, these workshops and classes aim to foster personal growth, encourage creativity, and promote community engagement through a shared appreciation of diverse disciplines.

Holiday Parties
Our holiday parties are a festive celebration that brings together the community and some of the most prominent names in the area. With themed decor, seasonal beverages, and interactive activities, these events create a warm and joyful environment. We've had the privilege of hosting major local brands like Joby Aviation, Fox, Santa Cruz Bicycles, and Patagonia, as well as notable companies such as Yahoo, eBay, and various startups from the San Francisco and Monterey Bay regions. These gatherings offer a chance to enjoy live entertainment, connect with others, and embrace the holiday spirit.
3 28.96
Celebrations of Life
These events honor and commemorate significant life milestones, achievements, or personal stories. They provide a meaningful space for the community to come together and celebrate important moments, whether it’s anniversaries, retirements, personal accomplishments, or other significant events. Free to attend, these celebrations focus on acknowledging and appreciating the impact individuals have made, fostering a sense of community and shared joy ○ Frequency of Live Entertainment: This changes from week to week and especially seasonally. We would like to have these events mostly over the weekends, but will aim to coexist with our downtown community and the greater Santa Cruz. We open our space to many different people from all walks of life… schools, event organizers, charity organizations, non-profits, people who are just needing a space and a platform to set up art and music. Working under the confines of our musical permit and the $8,000. acoustical study will allow us to have these events regularly and keep the volume down to appease any neighbors.

We may intend on having Makers Markets on Tuesday considering the Farmer’s markets are on Wednesday downtown.

We may want to have a Book talk on a Wednesday or Thursday. Or have a Chess grandmaster deliver a talk about the strategies of Chess.

School PTA meetings may occur on a Sunday.

Alzheimer’s executes their Walk for ALZ on Sundays.

Friday and Saturday people want to witness live local bands. At those events we would invite local bakers, artisans and makers to vend for the public.

There will be many days where we do nothing but offer our space up as a study hall for students provided we have food and plenty of non alcoholic beverages.

In the winter or on cold days we keep everything quiet and have acoustic music or no music at all.
4 28.97
○ ABC License Type:

Type 23 ABC License (Small Beer Manufacturer License)
In California, a Type 23 ABC license, also known as a Small Beer Manufacturer License, allows a brewery to produce and sell beer. This license is specifically designed for smaller-scale breweries and includes the following provisions:
● Production and Sales: Permits the manufacturing and sale of beer for on-premises consumption and off-premises sales.
● Sales Channels: Allows the sale of beer to wholesalers, retailers, and directly to consumers.
● Size Limitation: Designed for smaller breweries, with specific production limits that distinguish it from larger-scale manufacturing licenses.

This license is suitable for breweries that are focusing on local or regional distribution and have a smaller production capacity. It supports both on-site sales and broader distribution within the constraints of the license.
○ Stage and Sound Systems:

Stage orientation (see diagram C) - As described in the final paragraph on page 5 of our $8,000 acoustical study: “Additionally, no amplified music/speech is allowed between 10 pm and 7 am. Noise should be monitored during events to maintain compliance with the city ordinance. The stage and sound system will continue to be oriented to the north, away from the nearest residences to the southwest. Operating within these parameters is calculated to increase the DNL at each adjacent property by 1 dB or less to meet the City of Santa Cruz Noise Ordinance criteria during future events.“ Our stage/sound system is already in place facing north as recommended, right where nearly all of the workers at the City of Santa Cruz have already witnessed markets or events. We are not changing anything. The stage and the speakers will remain oriented to the north, when used.

Sound System - Woodhouse has a simple system with two 1000w QSC speakers and a mackie mixer.

Stage Pieces - Woodhouse has been using and will continue to use only the highest quality and professionally engineered stage pieces that are safe and portable, and hold a capacity of a load capacity of 200lbs per SF (10,000lbs full capacity). These are a similar product to the stage outside at Abbott Square. A full band and all their equipment hardly reach 700lbs total. Here is a link to the product:
https://www.schooloutfitters.com/catalog/product_info/pfam_id/PFAM42920/products_id/PRO92 6 5

28.98 600-Foot Buffer
○ Woodhouse Blending & Brewing proposes not to be wrongfully defined as a “high risk” establishment due to the fact that we do not stay open after 10pm and definitely not past midnight as defined by 24.12.1100 DEFINITIONS for “high risk”:
a. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning:
i. 1. “Low-risk alcohol outlet” is a bona fide restaurant, brewpub or microbrewery when operated in conjunction with a bona fide restaurant, bed-and-breakfast inn, conference center, and similar establishments that include food service but do not include live entertainment except incidental live entertainment, or food store where alcoholic beverages are sold. A tasting room, as defined in subsection (a)(7) below, may also be considered a low-risk alcohol outlet, subject to the requirements for low-risk alcohol outlets provided in Section 24.12.1106 of this chapter. A low-risk alcohol outlet shall not be associated with a license from the Department of Alcoholic Beverage Control that restricts minors from entering the facility or that identifies the use as a bar, tavern, nightclub or any other outlet deemed high-risk outlet according to this chapter. ii. 2. “High-risk alcohol outlet” is a retail outlet where alcoholic beverages are sold such as a bar or winebar, tavern, liquor store, convenience store, nightclub, banquet facility, and/or premises where live entertainment and/or dancing occurs, and/or any on-sale or off-sale alcohol outlet which, as part of its regular operating hours, stays open past midnight on one or more days of the week.
6 28.99
○ Documentation for Dominican Rehabilitation Center (111 Madrone St.) Dominican is not a “Medical Clinic” as there are no licensed medical doctors and it does not stay open past 6pm. Dominican Rehab Center is a physical rehabilitation center for physical therapy and is only open from Monday to Friday and closes at 6pm every day. They are not open Saturday or Sunday. As stated on their website very clearly:

About Dominican Hospital Outpatient Rehabilitation Center “Dominican Hospital Outpatient Rehabilitation Center is a rehabilitation center that offers many services, including physical therapy, occupational therapy, and speech therapy. Visit Dominican Hospital Outpatient Rehabilitation Center located at 111 Madrone St, Santa Cruz, CA. This Santa Cruz rehabilitation center is one of the best in California.” 7 28.100
Surveillance Cameras
○ Current or Proposed Security System: We have been open and operating for nearly four years, thanks to the support of the City of Santa Cruz. During this time, we have consistently adhered to the original requirements set forth by the city, including the installation of a security system. Although the approval process took longer than anticipated, we remain committed to maintaining a safe environment. Our 10-camera security system, provided by Lorex, records continuously to ensure that security footage is available whenever needed.

Security Measures
○ Current or Proposed Security Measures
Currently, since we are already operating and have been for years, and do not plan to change anything we are doing, we still have the same security system that you already approved of — a “Simply Safe” security system that is monitored by “Watchdog Alarms” - a local family owned security company.

Security Staffing:

Although Woodhouse very seldomly has events that are large enough to be a security concern, when needed we contract security guards through various local security companies and security contractors. We provide information to them about how many people we expect and how many entrances there are, and they send us the proper amount of security. Per standard requirements, that number is generally 1 security guard per 50 to 100 guests, per entrance.

Off-Sale Alcoholic Beverages
○ Off-Site Consumption: We do not propose to have beverages to be consumed off site.
8 28.101
Outstanding Bike Parking Comments
○ Square Footage: The central space that we intend to utilize in our lot is approximately 2000 square feet (see diagram C). This whole lot was a former junk yard and car impound lot that we have rehabilitated. There is additional space that we will utilize from time to time for makers markets, fundraisers, and community space (see diagram D).
○ Concerning bike parking, see diagrams A and B for Bike parking layout. We will be provided more than the minimum required spaces of both Class 1 and Class 2 types of parking based on the ratio of auto parking to required bike parking impositions by the city and county.
*Per information from the planning department on several occasions and per SEC. 2. (Section 65863.2 is added to the Government Code reading:
65863.2. (a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit. ○ Protection for Bike Parking: Class 1 bicycle parking will be indoors and protected with no need for bollards. We will not need bollards for our Class 2 parking as there is no bike parking that will be in any danger of vehicular collisions. See diagram A
○ Class 2 Bike Parking Clusters: We will be provided more than the minimum required spaces of Class 2 parking based on the ratio of auto parking to required bike parking impositions by the city and county per ordinance SEC. 2. - 65863.2 See diagram A on provided plans.
○ Class 1 Bike Parking Location: Class 1 bicycle parking will be indoors and protected with no need for bollards. We will be provided more than the minimum required spaces of Class 1 parking based on the ratio of auto parking to required bike parking impositions by the city and county. See diagram B ○ Layout and Dimensions: [Provide the layout with spacing and dimensions to ensure each bike parking space is 6’ by 2’.] See diagrams A and B. The 9 28.102
suggested/required/recommended dimensions of the bike parking is properly adhered to.
○ Bike Parking Products: [Provide make and model or web link for all bike parking products selected. Confirm use of inverted U racks for Class 2 bike parking.]
Link for class 2 bike racks: https://www.belson.com/Square-U-Bike-Racks-on-Rails Link for indoor class 1 bike racks:
https://www.belson.com/Vertical-Wall-Mount-Bicycle-Storage-Racks 10 28.103
Outstanding Police Department Comments (Carter Jones)
○ Noise Concerns: There have been three (3) documented complaints about (as described in the complaint) “Loud Thumping Bass.” The Police Department has concerns with the potential noise to be generated and may require limitations on outdoor DJ or show performances.

Provide a detailed description of the operations and proposed use. This description should include what type of events, frequency of events, location (indoors/outdoors), amplification, days and hours of operations and events, security plan, etc. Staff must determine compliance with SCMC 9.36.010 which reads as follows:

Description of Live Entertainment:

Local Makers Markets
These regular markets provide a space for local artisans, crafters, and small business owners to showcase and sell their handmade goods. Supporting the creative economy of Santa Cruz, the markets are a community-oriented event that celebrates craftsmanship and entrepreneurship.

The markets are free to attend, offering the public an opportunity to discover unique, locally-made products while fostering connections within the community.

Charitable Causes
These events focus on supporting various causes by donating proceeds from beer sales to organizations such as those fighting Alzheimer's, breast cancer, ALS, and more. Each event highlights a different cause, with the aim of raising awareness and contributing to important charitable efforts. The events are free to attend, encouraging community involvement while providing an opportunity to support meaningful causes through participation. 11 28.104
Cultural Festivals
These festivals celebrate diverse cultures through activities such as performances, art exhibitions, and traditional cuisine. Examples include Mexipino, which highlights the fusion of Mexican and Filipino cultures, and Brazil Day, showcasing Brazilian music, dance, and food.

Free to attend, these events aim to foster cultural understanding and inclusivity while offering a vibrant and educational experience for the community.

Workshops and Classes
These educational events offer in-depth learning opportunities on a range of topics, including art, literature, and other enriching subjects. Participants can engage in hands-on activities and gain new skills while exploring their interests. Free to attend, these workshops and classes aim to foster personal growth, encourage creativity, and promote community engagement through a shared appreciation of diverse disciplines.

Book Readings and Poetry Readings
These events feature authors and poets presenting their works to the community, providing an opportunity to hear new and established voices in literature. Book readings may include discussions and Q&A sessions with authors, while poetry readings offer a platform for both emerging and seasoned poets to share their craft. Free to attend, these events are designed to foster a love of literature, promote local talent, and create engaging cultural experiences for all attendees
Comedy Nights
These events feature performances by local and visiting comedians, offering a lively evening of humor and entertainment. Comedy nights provide a platform for comedians to showcase their talent and connect with the community through a shared experience of laughter. Free to attend, these events aim to bring joy and create a vibrant atmosphere, contributing to a fun and inclusive cultural scene.
12 28.105
Holiday Parties
Our holiday parties are a festive celebration that brings together the community and some of the most prominent names in the area. With themed decor, seasonal beverages, and interactive activities, these events create a warm and joyful environment. We've had the privilege of hosting major local brands like Joby Aviation, Fox, Santa Cruz Bicycles, and Patagonia, as well as notable companies such as Yahoo, eBay, and various startups from the San Francisco and Monterey Bay regions. These gatherings offer a chance to enjoy live entertainment, connect with others, and embrace the holiday spirit.

Celebrations of Life
These events honor and commemorate significant life milestones, achievements, or personal stories. They provide a meaningful space for the community to come together and celebrate important moments, whether it’s anniversaries, retirements, personal accomplishments, or other significant events. Free to attend, these celebrations focus on acknowledging and appreciating the impact individuals have made, fostering a sense of community and shared joy Frequency of Live Entertainment: This changes from week to week and especially seasonally. We would like to have these events mostly over the weekends, but will aim to coexist with our downtown community and the greater Santa Cruz. We open our space to many different people from all walks of life… schools, event organizers, charity organizations, non-profits, people who are just needing a space and a platform to set up art and music. Working under the confines of our musical permit and the $8,000. acoustical study will allow us to have these events regularly and keep the volume down to appease any neighbors.

We may intend on having Makers Markets on Tuesday considering the Farmer’s markets are on Wednesday downtown.

We may want to have a Book talk on a Wednesday or Thursday. Or have a Chess grandmaster deliver a talk about the strategies of Chess.

School PTA meetings may occur on a Sunday.

Alzheimer’s executes their Walk for ALZ on Sundays.

Friday and Saturday people want to witness live local bands. At those events we would invite local bakers, artisans and makers to vend for the public.

There will be many days where we do nothing but offer our space up as a study hall for students provided we have food and plenty of non alcoholic beverages.

In the winter or on cold days we keep everything quiet and have acoustic music or no music at all.
13 28.106
○ Hours of Operation: Woodhouse is open Tuesday through Sunday no later than 10pm.
i. Monday - Closed
ii. Tuesday - 1pm to 9pm
iii. Wednesday - 1 to 9pm
iv. Thursday - 1 to 10pm
v. Friday - 12pm to 9pm
vi. Saturday - 12pm to 10pm
vii. Sunday - 12pm to 7pm
Security Measures
Currently, since we are already operating and have been for years, and do not plan to change anything we are doing, we still have the same security system that you already approved of — a “Simply Safe” security system that is monitored by “Watchdog Alarms” - a local family owned security company.

Security Staffing
Although Woodhouse very seldomly has events that are large enough to be a security concern, when needed we contract security guards through various local security companies and security contractors. We provide information to them about how many people we expect and how many entrances there are, and they send us the proper amount of security. Per standard requirements, that number is generally 1 security guard per 50 to 100 guests, per entrance.

Sound Mitigation
Per the requirements of The City Of Santa Cruz Planning Department, we conducted a thorough acoustical survey that cost $8,000 in full time recording costs, analysis, and hourly rates to provide the operating limits in our commercial area. Please see attached Noise Study/Acoustical Study for more details. In order to comply with the city regulations we will purchase a decibel reader recommended by the Salter group to regulate any volume from events we might have in the future. We plan on fully cooperating with our neighbors and to only operate within the confines of our acoustical study. Here’s the conclusion from the document:
14 28.107
“ANALYSIS AND RECOMMENDATIONS
Based on our measured data, we calculated the future noise levels at the nearest adjacent properties with the sound system operating at the preferred average hourly noise level of Leq(h)3 83 dBA at the center of the event area. See Table 3 for the calculated noise levels at each property line. See Figure 2 for the outdoor event area and noise calculation locations.

As shown, the calculated noise level at the west property line exceeds the criterion at the preferred sound system noise level. Therefore, we calculated the maximum allowable noise level of the sound system to remain in compliance with the Ordinance at the adjacent property lines.

In order to meet the Ordinance criteria, the sound system cannot exceed an average hourly noise level (Leq(h)) of 79 dBA at the center of the event area for a maximum of two hours between 7 am to 10 pm within a 24-hour period. This recommended event noise level is 4 dB lower than our measured noise level with the sound system at the brewery’s preferred operating conditions. For reference, 3 dB is considered a “just noticeable” difference (see Appendix B).

Additionally, no amplified music/speech is allowed between 10 pm and 7 am. Noise should be monitored during events to maintain compliance with the Ordinance. The stage and sound system should continue to be oriented to the north, away from the nearest residences to the southwest. Operating within these parameters is calculated to increase the DNL at each adjacent property by 1 dB or less to meet the City of Santa Cruz Noise Ordinance criteria during future events. *** This concludes our current comments. Please contact us with any questions.

Best,
SALTER
Niko Abenoja Blake Wells, LEED GA Consultant Senior Associate” 15 28.108
Woodhouse Blending & Brewing
Fire Department Comments:

Commentator Comment Answer
Subject: Fire Dept. Comment -
Commercial Page Label: 1
Author: Tim Shields
Exiting:

Exiting to meet requirements of California
Building and Fire Codes.

No changes
We have been open and running, the
exit signs and proper exiting are
current and in place as they have been
since you let us open this business.

You required exit signs and signage in
order to open for business, and we do
not plan on changing our exiting
situation. We have exit signs and
proper exiting, all current.

Subject: Fire Dept. Comment -
Commercial Page Label: 1
Author: Tim Shields
Fire Extinguisher:

Provide fire extinguishers per California Fire
Code and California Code of Regulations,
Title 19.

No changes
We have been open and running, the
fire extinguishers are current and in
place as they have been since you let
us open this business. You required
fire extinguishers in order to open and
we do not plan on changing our fire
extinguisher situation. We have fire
extinguishers, all current, and signage.
16 28.109
17 28.110
9 July 2024
William Moxham
Woodhouse Blending & Brewing
119 Madrone Street
Santa Cruz, CA 95060
[email protected]
Subject: Woodhouse Blending & Brewing
Property Line Noise Analysis
Salter Project 24-0247
Dear Will:

We understand that you would like to host live entertainment, including comedy, plays, book talks, cultural performances, and music events at your brewery. As such, the City of Santa Cruz has requested a professional noise study to verify that future events would operate within the limits of the Noise Ordinance. The purpose of this study is to determine the operating conditions necessary to comply with the Ordinance.

We visited the project site to measure the existing ambient noise levels and to quantify the noise levels from your sound system at the preferred operating conditions. This letter summarizes our measurement results, analysis, and recommendations.

EXECUTIVE SUMMARY
To comply with the City of Santa Cruz Noise Ordinance, the ambient noise level cannot increase by more than 1 dB at the adjacent properties. Therefore, to meet the Ordinance, noise levels from the sound system cannot exceed an hourly average noise level of 79 dBA for more than two hours when measured at the center of the outdoor event area.

28.111
Woodhouse Blending & Brewing
9 July 2024
Property Line Noise Analysis

Page 2 ends

Santa Cruz City CouncilNovember 19, 2024

Santa Cruz City Council
November 19, 2024